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[ { "text": "1. Short title \nThis Act may be cited as the Land Grant Research Prioritization Act of 2023.", "id": "id392e66935b2c4399ae927d7ea9a7c045", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Research and extension priorities \nSection 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925(d) ) is amended by adding at the end the following: (21) Advanced mechanized harvester technologies research and extension \n(A) In general \nResearch and extension grants may be made under this section for the purpose of developing and evaluating technologies to mechanize agricultural processes. (B) Emphasis \nIn awarding grants under subparagraph (A), the Secretary may place emphasis on mechanizing the process for harvesting specialty crops. (22) Agricultural application of artificial intelligence research and extension \n(A) In general \nResearch and extension grants may be made under this section for the purpose of developing and evaluating agricultural uses of artificial intelligence. (B) Emphasis \nIn awarding grants under subparagraph (A), the Secretary may place emphasis on uses of artificial intelligence that improve specialty crop production. (23) Invasive species research and extension \nResearch and extension grants may be made under this section for the purpose of supporting research projects at land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )) to develop and apply methods to manage and eradicate invasive species of plants and animals, including through methods of biocontrol. (24) Aquaculture research and extension \nResearch and extension grants may be made under this section for the purpose of supporting research projects at land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )) to develop and apply aquaculture methods, including through the propagation and rearing of economically and ecologically valuable aquatic and marine species..", "id": "idcd8e02c9de424848955b3d3d9eaa92de", "header": "Research and extension priorities", "nested": [], "links": [ { "text": "7 U.S.C. 5925(d)", "legal-doc": "usc", "parsable-cite": "usc/7/5925" }, { "text": "7 U.S.C. 3103", "legal-doc": "usc", "parsable-cite": "usc/7/3103" }, { "text": "7 U.S.C. 3103", "legal-doc": "usc", "parsable-cite": "usc/7/3103" } ] } ]

[ "Agricultural education", "Agricultural equipment and machinery", "Agricultural practices and innovations", "Agricultural research", "Aquaculture", "Computers and information technology", "Pest management" ]

[ { "text": "1. Short title \nThis Act may be cited as the New Parents Act of 2023.", "id": "H84EB4E72C28C458EB60F4A93B88F3406", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Parental leave benefits \n(a) In general \nTitle II of the Social Security Act is amended by inserting after section 218 the following: 219. Parental leave benefits \n(a) In general \nEvery individual— (1) who has— (A) not less than 8 quarters of coverage, 4 of which are credited to calendar quarters during the calendar year preceding the calendar year in which the 1st month of the benefit period described in subsection (c) occurs; or (B) not less than 12 quarters of coverage; and (2) who has filed an application for a parental leave benefit with respect to a qualified child of the individual, shall be entitled to a parental leave benefit with respect to such qualified child. (b) Benefit amount \nSuch individual’s parental leave benefit shall be an amount equal to the product of— (1) the number of benefit months (not to exceed 3) selected by the individual in the individual’s application for a parental leave benefit, multiplied by (2) an amount equal to the primary insurance amount for the individual that would be determined under section 215 if— (A) the individual had attained age 62 in the first month of the individual’s benefit period; and (B) the individual had become entitled to an old-age insurance benefit under section 202 beginning with such month. For the purposes of the preceding sentence, the elapsed years referred to in section 215(b)(2)(B)(iii) shall not include the year in which the individual's benefit period begins, or any year thereafter. (c) Payment of benefit \n(1) Selection of number of benefit months \nIn filing an application for a parental leave benefit under this section, an individual shall select the number of months (not to exceed 3) for which the individual will receive a monthly payment under such parental leave benefit (in this section referred to as benefit months ). (2) Election of benefit months \nNot later than 14 days before the start of any month in the benefit period of an individual entitled to a parental leave benefit, the individual may elect to treat such month as a benefit month. The number of months in such benefit period treated as benefit months shall equal the number selected in the individual’s benefit application, and the Commissioner may designate any month as a benefit month in any case in which an individual does not elect to treat a sufficient number of months as benefit months before the end of the benefit period. (3) Amount of monthly payment \nThe amount of a monthly payment made in any benefit month within a benefit period to an individual entitled to a parental leave benefit shall be an amount equal to— (A) the amount of the parental leave benefit determined for the individual under subsection (b); divided by (B) the number of benefit months selected by the individual pursuant to paragraph (1) with respect to such benefit. (4) Definition of benefit period \nFor purposes of this section, the term benefit period means, with respect to an individual entitled to a parental leave benefit with respect to a qualified child, the 1-year period beginning with the month after the month in which the birth or adoption of the qualified child occurs. (d) Benefit application \n(1) In general \nThe Commissioner shall ensure that the application for a parental leave benefit— (A) includes a notice, clearly written in language that is easily understandable to the reader, explaining that— (i) failure to submit such proof or documentation as the Commissioner may require to demonstrate that the applicant is the parent of the qualified child shall be subject to criminal and civil penalties; (ii) the full cost to the Trust Funds of any amount received by an individual as a parental leave benefit must be repaid through reductions to old-age insurance benefits payable to the individual in subsequent months, or by other means; and (iii) entitlement to a parental leave benefit has no effect on the determination of an individual’s entitlement to leave under the Family and Medical Leave Act of 1993; and (B) requires an attestation by the individual submitting the application that— (i) the individual expects to be the parent of a qualified child throughout the benefit period with respect to such application; (ii) the individual intends to use the benefit to finance spending more time with the qualified child at home and away from employment during the benefit period; and (iii) the individual consents to the terms and conditions specified in the notice described in subparagraph (A). (2) Option to file simultaneous applications \nThe Commissioner of Social Security may establish an option under which an individual may file an application for a parental leave benefit under this section with respect to a qualified child at the same time the individual submits an application for a social security account number for such qualified child. (3) Online availability \nThe Commissioner of Social Security shall, as soon as practicable after the date of enactment of this section, permit an individual to apply for a parental leave benefit through an internet website or other electronic media. (e) Fraud prevention \n(1) In general \nThe Commissioner of Social Security shall establish procedures to ensure the prevention of fraud with respect to applications for parental leave benefits under this section, including procedures for the submission of such proof or documentation as the Commissioner may require to verify the information contained in such an application. (2) Enforcement \nIn any case in which an individual willfully, knowingly, and with intent to deceive the Commissioner of Social Security fails to comply with the procedures established under paragraph (1), the Commissioner may impose on such individual, in addition to any other penalties that may be prescribed by law— (A) a civil monetary penalty of not more than $7,500 for each such failure; and (B) an assessment, in lieu of any damages sustained by the United States because of such failure, of not more than twice the amount of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual. (f) Benefit repayment \n(1) In general \nAn individual who is paid a parental leave benefit under this section shall repay the full cost of such benefit to the Federal Old-Age and Survivors Insurance Trust Fund (as such amount is determined by the Commissioner) in accordance with this subsection. (2) Old-age insurance benefit offset \n(A) In general \nExcept as provided in paragraph (3), in the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, deductions shall be made from each monthly payment of such benefit (not to exceed the first 60 such monthly payments) in such amounts, subject to subparagraph (B), as the Commissioner of Social Security shall determine necessary to fully recover the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. (B) Notification \nNot later than the beginning of each calendar year, the Commissioner of Social Security shall notify each individual whose old-age insurance benefits are subject to a deduction under subparagraph (A) during such calendar year of the amount of the deduction that will be applied to each monthly payment of such benefits during the calendar year. (3) Alternative increase of retirement age \n(A) In general \nIn the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, such individual may elect, at the time of application for such benefit, to be subject to a retirement age increase in accordance with this paragraph. Such election shall be irrevocable, and an individual who makes such an election shall not be subject to a deduction under paragraph (2) for any month. (B) Retirement age increase \nNotwithstanding section 216(l)(1), with respect to an individual who makes an election under subparagraph (A), the retirement age of such individual shall be deemed to be— (i) the retirement age determined with respect to the individual under such section; plus (ii) the additional number of months the Commissioner of Social Security shall determine necessary to result in the full recovery of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. (C) Increase to earliest entitlement age \nIn the case of an individual who makes an election under subparagraph (A), notwithstanding subsection (a) of section 202, no old-age insurance benefit shall be paid to such individual for any month before the first month throughout which the individual has attained age 62 plus the additional number of months determined for the individual under subparagraph (B)(ii). (4) Other recovery methods \nIn any case in which the Commissioner of Social Security determines that the cost to the Federal Old-Age and Survivors Insurance Trust Fund of a parental leave benefit paid to an individual cannot be fully recovered pursuant to paragraph (2) or (3)— (A) such benefit shall be deemed, upon the making of such determination, to be a payment of more than the correct amount for purposes of section 204; and (B) the Commissioner may recover such amounts by means of any method available to the Commissioner under such section. (5) Projection of repayment amount \nAs soon as practicable after the date of enactment of this section, the Commissioner shall establish a system to make available through an internet website or other electronic media to each individual who is paid a parental leave benefit under this section, beginning with the first month beginning after the individual’s benefit period the projected amount of the deduction to be made from each of the first 60 monthly payments of old-age insurance benefits under paragraph (2), or if the individual so elects, the additional number of months by which the individual’s retirement age would be increased under paragraph (3), in order to fully repay the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual, and a description of the assumptions used by the Commissioner in making such projection. (g) Relationship with State law; employer benefits \n(1) In general \nThis section does not preempt or supersede any provision of State or local law that authorizes a State or political subdivision to provide paid parental or family medical leave benefits similar to the benefits provided under this section. (2) Greater benefits allowed \nNothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or employment benefit program or plan that provides greater benefits for leave or other leave rights to individuals than the benefits for leave or leave rights established under this Act. (h) Sunset \nNo application for parental leave benefits under this section may be filed in any calendar year if the OASDI trust fund ratio (as defined in section 215(i)) for such calendar year or for the year following such calendar year is projected, based on the intermediate projections in the most recent (as of January 1 of such calendar year) annual report issued under section 201(c)(2), to be less than 20 percent. (i) Definitions \nFor purposes of this section— (1) the term qualified child means, with respect to an individual for a benefit period, a biological child or legally adopted child of the individual (as determined by the Commissioner of Social Security) who— (A) will not attain 18 years of age before the end of such benefit period; and (B) will be residing with, and under the care of, the individual during the benefit period as determined by the Commissioner.. (b) Conforming amendments \n(1) Nonpayment provisions \nSection 202 of the Social Security Act ( 42 U.S.C. 402 ) is amended— (A) in subsection (n)(1)(A), by striking under this section or section 223 and inserting under this section, section 219, or section 223 ; (B) in subsection (t), in paragraphs (1) and (10), by striking under this section or under section 223 each place it appears and inserting under this section, under section 219, or under section 223 ; (C) in subsection (u)(1), by striking under this section or section 223 and inserting under this section, section 219, or section 223 ; and (D) in subsection (x)— (i) in paragraph (1)(A), by striking under this section or under section 223 and inserting under this section, under section 219, or under section 223 ; and (ii) in paragraph (2), by striking under this section or section 223 and inserting under this section, section 219, or section 223. (2) Delayed retirement credits \nSection 202(w) of the Social Security Act ( 42 U.S.C. 402(w) ) is amended by inserting after age 70 each place it appears the following: (or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased). (3) Voluntary suspension of benefits \nSection 202(z)(1)(A)(ii) of the Social Security Act ( 42 U.S.C. 402(z)(1)(A)(ii) ) is amended by striking the age of 70 and inserting age 70 (or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased). (4) Number of benefit computation years \nSection 215(b)(2)(A) of such Act ( 42 U.S.C. 415(b)(2)(A) ) is amended— (A) in clause (i), by striking , and and inserting a semicolon; (B) in clause (ii), by striking the period and inserting ; and ; and (C) by inserting after clause (ii) the following: (iii) in the case of an individual who is entitled to a parental leave benefit under section 219, by the number of years equal to one-fifth of such individual's elapsed years (disregarding any resulting fractional part of a year), but not by more than 5 years.. (c) Effective date \nThe amendments made by this section shall apply with respect to applications for parental leave benefits filed after 2023.", "id": "H064AD49F55D64C96B42DDE4FB2B44939", "header": "Parental leave benefits", "nested": [ { "text": "(a) In general \nTitle II of the Social Security Act is amended by inserting after section 218 the following: 219. Parental leave benefits \n(a) In general \nEvery individual— (1) who has— (A) not less than 8 quarters of coverage, 4 of which are credited to calendar quarters during the calendar year preceding the calendar year in which the 1st month of the benefit period described in subsection (c) occurs; or (B) not less than 12 quarters of coverage; and (2) who has filed an application for a parental leave benefit with respect to a qualified child of the individual, shall be entitled to a parental leave benefit with respect to such qualified child. (b) Benefit amount \nSuch individual’s parental leave benefit shall be an amount equal to the product of— (1) the number of benefit months (not to exceed 3) selected by the individual in the individual’s application for a parental leave benefit, multiplied by (2) an amount equal to the primary insurance amount for the individual that would be determined under section 215 if— (A) the individual had attained age 62 in the first month of the individual’s benefit period; and (B) the individual had become entitled to an old-age insurance benefit under section 202 beginning with such month. For the purposes of the preceding sentence, the elapsed years referred to in section 215(b)(2)(B)(iii) shall not include the year in which the individual's benefit period begins, or any year thereafter. (c) Payment of benefit \n(1) Selection of number of benefit months \nIn filing an application for a parental leave benefit under this section, an individual shall select the number of months (not to exceed 3) for which the individual will receive a monthly payment under such parental leave benefit (in this section referred to as benefit months ). (2) Election of benefit months \nNot later than 14 days before the start of any month in the benefit period of an individual entitled to a parental leave benefit, the individual may elect to treat such month as a benefit month. The number of months in such benefit period treated as benefit months shall equal the number selected in the individual’s benefit application, and the Commissioner may designate any month as a benefit month in any case in which an individual does not elect to treat a sufficient number of months as benefit months before the end of the benefit period. (3) Amount of monthly payment \nThe amount of a monthly payment made in any benefit month within a benefit period to an individual entitled to a parental leave benefit shall be an amount equal to— (A) the amount of the parental leave benefit determined for the individual under subsection (b); divided by (B) the number of benefit months selected by the individual pursuant to paragraph (1) with respect to such benefit. (4) Definition of benefit period \nFor purposes of this section, the term benefit period means, with respect to an individual entitled to a parental leave benefit with respect to a qualified child, the 1-year period beginning with the month after the month in which the birth or adoption of the qualified child occurs. (d) Benefit application \n(1) In general \nThe Commissioner shall ensure that the application for a parental leave benefit— (A) includes a notice, clearly written in language that is easily understandable to the reader, explaining that— (i) failure to submit such proof or documentation as the Commissioner may require to demonstrate that the applicant is the parent of the qualified child shall be subject to criminal and civil penalties; (ii) the full cost to the Trust Funds of any amount received by an individual as a parental leave benefit must be repaid through reductions to old-age insurance benefits payable to the individual in subsequent months, or by other means; and (iii) entitlement to a parental leave benefit has no effect on the determination of an individual’s entitlement to leave under the Family and Medical Leave Act of 1993; and (B) requires an attestation by the individual submitting the application that— (i) the individual expects to be the parent of a qualified child throughout the benefit period with respect to such application; (ii) the individual intends to use the benefit to finance spending more time with the qualified child at home and away from employment during the benefit period; and (iii) the individual consents to the terms and conditions specified in the notice described in subparagraph (A). (2) Option to file simultaneous applications \nThe Commissioner of Social Security may establish an option under which an individual may file an application for a parental leave benefit under this section with respect to a qualified child at the same time the individual submits an application for a social security account number for such qualified child. (3) Online availability \nThe Commissioner of Social Security shall, as soon as practicable after the date of enactment of this section, permit an individual to apply for a parental leave benefit through an internet website or other electronic media. (e) Fraud prevention \n(1) In general \nThe Commissioner of Social Security shall establish procedures to ensure the prevention of fraud with respect to applications for parental leave benefits under this section, including procedures for the submission of such proof or documentation as the Commissioner may require to verify the information contained in such an application. (2) Enforcement \nIn any case in which an individual willfully, knowingly, and with intent to deceive the Commissioner of Social Security fails to comply with the procedures established under paragraph (1), the Commissioner may impose on such individual, in addition to any other penalties that may be prescribed by law— (A) a civil monetary penalty of not more than $7,500 for each such failure; and (B) an assessment, in lieu of any damages sustained by the United States because of such failure, of not more than twice the amount of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual. (f) Benefit repayment \n(1) In general \nAn individual who is paid a parental leave benefit under this section shall repay the full cost of such benefit to the Federal Old-Age and Survivors Insurance Trust Fund (as such amount is determined by the Commissioner) in accordance with this subsection. (2) Old-age insurance benefit offset \n(A) In general \nExcept as provided in paragraph (3), in the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, deductions shall be made from each monthly payment of such benefit (not to exceed the first 60 such monthly payments) in such amounts, subject to subparagraph (B), as the Commissioner of Social Security shall determine necessary to fully recover the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. (B) Notification \nNot later than the beginning of each calendar year, the Commissioner of Social Security shall notify each individual whose old-age insurance benefits are subject to a deduction under subparagraph (A) during such calendar year of the amount of the deduction that will be applied to each monthly payment of such benefits during the calendar year. (3) Alternative increase of retirement age \n(A) In general \nIn the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, such individual may elect, at the time of application for such benefit, to be subject to a retirement age increase in accordance with this paragraph. Such election shall be irrevocable, and an individual who makes such an election shall not be subject to a deduction under paragraph (2) for any month. (B) Retirement age increase \nNotwithstanding section 216(l)(1), with respect to an individual who makes an election under subparagraph (A), the retirement age of such individual shall be deemed to be— (i) the retirement age determined with respect to the individual under such section; plus (ii) the additional number of months the Commissioner of Social Security shall determine necessary to result in the full recovery of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. (C) Increase to earliest entitlement age \nIn the case of an individual who makes an election under subparagraph (A), notwithstanding subsection (a) of section 202, no old-age insurance benefit shall be paid to such individual for any month before the first month throughout which the individual has attained age 62 plus the additional number of months determined for the individual under subparagraph (B)(ii). (4) Other recovery methods \nIn any case in which the Commissioner of Social Security determines that the cost to the Federal Old-Age and Survivors Insurance Trust Fund of a parental leave benefit paid to an individual cannot be fully recovered pursuant to paragraph (2) or (3)— (A) such benefit shall be deemed, upon the making of such determination, to be a payment of more than the correct amount for purposes of section 204; and (B) the Commissioner may recover such amounts by means of any method available to the Commissioner under such section. (5) Projection of repayment amount \nAs soon as practicable after the date of enactment of this section, the Commissioner shall establish a system to make available through an internet website or other electronic media to each individual who is paid a parental leave benefit under this section, beginning with the first month beginning after the individual’s benefit period the projected amount of the deduction to be made from each of the first 60 monthly payments of old-age insurance benefits under paragraph (2), or if the individual so elects, the additional number of months by which the individual’s retirement age would be increased under paragraph (3), in order to fully repay the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual, and a description of the assumptions used by the Commissioner in making such projection. (g) Relationship with State law; employer benefits \n(1) In general \nThis section does not preempt or supersede any provision of State or local law that authorizes a State or political subdivision to provide paid parental or family medical leave benefits similar to the benefits provided under this section. (2) Greater benefits allowed \nNothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or employment benefit program or plan that provides greater benefits for leave or other leave rights to individuals than the benefits for leave or leave rights established under this Act. (h) Sunset \nNo application for parental leave benefits under this section may be filed in any calendar year if the OASDI trust fund ratio (as defined in section 215(i)) for such calendar year or for the year following such calendar year is projected, based on the intermediate projections in the most recent (as of January 1 of such calendar year) annual report issued under section 201(c)(2), to be less than 20 percent. (i) Definitions \nFor purposes of this section— (1) the term qualified child means, with respect to an individual for a benefit period, a biological child or legally adopted child of the individual (as determined by the Commissioner of Social Security) who— (A) will not attain 18 years of age before the end of such benefit period; and (B) will be residing with, and under the care of, the individual during the benefit period as determined by the Commissioner..", "id": "id365B0C1FB91A44DB9ED54758E4F66062", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Conforming amendments \n(1) Nonpayment provisions \nSection 202 of the Social Security Act ( 42 U.S.C. 402 ) is amended— (A) in subsection (n)(1)(A), by striking under this section or section 223 and inserting under this section, section 219, or section 223 ; (B) in subsection (t), in paragraphs (1) and (10), by striking under this section or under section 223 each place it appears and inserting under this section, under section 219, or under section 223 ; (C) in subsection (u)(1), by striking under this section or section 223 and inserting under this section, section 219, or section 223 ; and (D) in subsection (x)— (i) in paragraph (1)(A), by striking under this section or under section 223 and inserting under this section, under section 219, or under section 223 ; and (ii) in paragraph (2), by striking under this section or section 223 and inserting under this section, section 219, or section 223. (2) Delayed retirement credits \nSection 202(w) of the Social Security Act ( 42 U.S.C. 402(w) ) is amended by inserting after age 70 each place it appears the following: (or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased). (3) Voluntary suspension of benefits \nSection 202(z)(1)(A)(ii) of the Social Security Act ( 42 U.S.C. 402(z)(1)(A)(ii) ) is amended by striking the age of 70 and inserting age 70 (or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased). (4) Number of benefit computation years \nSection 215(b)(2)(A) of such Act ( 42 U.S.C. 415(b)(2)(A) ) is amended— (A) in clause (i), by striking , and and inserting a semicolon; (B) in clause (ii), by striking the period and inserting ; and ; and (C) by inserting after clause (ii) the following: (iii) in the case of an individual who is entitled to a parental leave benefit under section 219, by the number of years equal to one-fifth of such individual's elapsed years (disregarding any resulting fractional part of a year), but not by more than 5 years..", "id": "H8AD912197B4144909AC9903AF58506C1", "header": "Conforming amendments", "nested": [], "links": [ { "text": "42 U.S.C. 402", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(w)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(z)(1)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 415(b)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/415" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to applications for parental leave benefits filed after 2023.", "id": "id81DA92A0A31A48D38984DB930B764858", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 402", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(w)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(z)(1)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 415(b)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/415" } ] }, { "text": "219. Parental leave benefits \n(a) In general \nEvery individual— (1) who has— (A) not less than 8 quarters of coverage, 4 of which are credited to calendar quarters during the calendar year preceding the calendar year in which the 1st month of the benefit period described in subsection (c) occurs; or (B) not less than 12 quarters of coverage; and (2) who has filed an application for a parental leave benefit with respect to a qualified child of the individual, shall be entitled to a parental leave benefit with respect to such qualified child. (b) Benefit amount \nSuch individual’s parental leave benefit shall be an amount equal to the product of— (1) the number of benefit months (not to exceed 3) selected by the individual in the individual’s application for a parental leave benefit, multiplied by (2) an amount equal to the primary insurance amount for the individual that would be determined under section 215 if— (A) the individual had attained age 62 in the first month of the individual’s benefit period; and (B) the individual had become entitled to an old-age insurance benefit under section 202 beginning with such month. For the purposes of the preceding sentence, the elapsed years referred to in section 215(b)(2)(B)(iii) shall not include the year in which the individual's benefit period begins, or any year thereafter. (c) Payment of benefit \n(1) Selection of number of benefit months \nIn filing an application for a parental leave benefit under this section, an individual shall select the number of months (not to exceed 3) for which the individual will receive a monthly payment under such parental leave benefit (in this section referred to as benefit months ). (2) Election of benefit months \nNot later than 14 days before the start of any month in the benefit period of an individual entitled to a parental leave benefit, the individual may elect to treat such month as a benefit month. The number of months in such benefit period treated as benefit months shall equal the number selected in the individual’s benefit application, and the Commissioner may designate any month as a benefit month in any case in which an individual does not elect to treat a sufficient number of months as benefit months before the end of the benefit period. (3) Amount of monthly payment \nThe amount of a monthly payment made in any benefit month within a benefit period to an individual entitled to a parental leave benefit shall be an amount equal to— (A) the amount of the parental leave benefit determined for the individual under subsection (b); divided by (B) the number of benefit months selected by the individual pursuant to paragraph (1) with respect to such benefit. (4) Definition of benefit period \nFor purposes of this section, the term benefit period means, with respect to an individual entitled to a parental leave benefit with respect to a qualified child, the 1-year period beginning with the month after the month in which the birth or adoption of the qualified child occurs. (d) Benefit application \n(1) In general \nThe Commissioner shall ensure that the application for a parental leave benefit— (A) includes a notice, clearly written in language that is easily understandable to the reader, explaining that— (i) failure to submit such proof or documentation as the Commissioner may require to demonstrate that the applicant is the parent of the qualified child shall be subject to criminal and civil penalties; (ii) the full cost to the Trust Funds of any amount received by an individual as a parental leave benefit must be repaid through reductions to old-age insurance benefits payable to the individual in subsequent months, or by other means; and (iii) entitlement to a parental leave benefit has no effect on the determination of an individual’s entitlement to leave under the Family and Medical Leave Act of 1993; and (B) requires an attestation by the individual submitting the application that— (i) the individual expects to be the parent of a qualified child throughout the benefit period with respect to such application; (ii) the individual intends to use the benefit to finance spending more time with the qualified child at home and away from employment during the benefit period; and (iii) the individual consents to the terms and conditions specified in the notice described in subparagraph (A). (2) Option to file simultaneous applications \nThe Commissioner of Social Security may establish an option under which an individual may file an application for a parental leave benefit under this section with respect to a qualified child at the same time the individual submits an application for a social security account number for such qualified child. (3) Online availability \nThe Commissioner of Social Security shall, as soon as practicable after the date of enactment of this section, permit an individual to apply for a parental leave benefit through an internet website or other electronic media. (e) Fraud prevention \n(1) In general \nThe Commissioner of Social Security shall establish procedures to ensure the prevention of fraud with respect to applications for parental leave benefits under this section, including procedures for the submission of such proof or documentation as the Commissioner may require to verify the information contained in such an application. (2) Enforcement \nIn any case in which an individual willfully, knowingly, and with intent to deceive the Commissioner of Social Security fails to comply with the procedures established under paragraph (1), the Commissioner may impose on such individual, in addition to any other penalties that may be prescribed by law— (A) a civil monetary penalty of not more than $7,500 for each such failure; and (B) an assessment, in lieu of any damages sustained by the United States because of such failure, of not more than twice the amount of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual. (f) Benefit repayment \n(1) In general \nAn individual who is paid a parental leave benefit under this section shall repay the full cost of such benefit to the Federal Old-Age and Survivors Insurance Trust Fund (as such amount is determined by the Commissioner) in accordance with this subsection. (2) Old-age insurance benefit offset \n(A) In general \nExcept as provided in paragraph (3), in the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, deductions shall be made from each monthly payment of such benefit (not to exceed the first 60 such monthly payments) in such amounts, subject to subparagraph (B), as the Commissioner of Social Security shall determine necessary to fully recover the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. (B) Notification \nNot later than the beginning of each calendar year, the Commissioner of Social Security shall notify each individual whose old-age insurance benefits are subject to a deduction under subparagraph (A) during such calendar year of the amount of the deduction that will be applied to each monthly payment of such benefits during the calendar year. (3) Alternative increase of retirement age \n(A) In general \nIn the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, such individual may elect, at the time of application for such benefit, to be subject to a retirement age increase in accordance with this paragraph. Such election shall be irrevocable, and an individual who makes such an election shall not be subject to a deduction under paragraph (2) for any month. (B) Retirement age increase \nNotwithstanding section 216(l)(1), with respect to an individual who makes an election under subparagraph (A), the retirement age of such individual shall be deemed to be— (i) the retirement age determined with respect to the individual under such section; plus (ii) the additional number of months the Commissioner of Social Security shall determine necessary to result in the full recovery of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. (C) Increase to earliest entitlement age \nIn the case of an individual who makes an election under subparagraph (A), notwithstanding subsection (a) of section 202, no old-age insurance benefit shall be paid to such individual for any month before the first month throughout which the individual has attained age 62 plus the additional number of months determined for the individual under subparagraph (B)(ii). (4) Other recovery methods \nIn any case in which the Commissioner of Social Security determines that the cost to the Federal Old-Age and Survivors Insurance Trust Fund of a parental leave benefit paid to an individual cannot be fully recovered pursuant to paragraph (2) or (3)— (A) such benefit shall be deemed, upon the making of such determination, to be a payment of more than the correct amount for purposes of section 204; and (B) the Commissioner may recover such amounts by means of any method available to the Commissioner under such section. (5) Projection of repayment amount \nAs soon as practicable after the date of enactment of this section, the Commissioner shall establish a system to make available through an internet website or other electronic media to each individual who is paid a parental leave benefit under this section, beginning with the first month beginning after the individual’s benefit period the projected amount of the deduction to be made from each of the first 60 monthly payments of old-age insurance benefits under paragraph (2), or if the individual so elects, the additional number of months by which the individual’s retirement age would be increased under paragraph (3), in order to fully repay the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual, and a description of the assumptions used by the Commissioner in making such projection. (g) Relationship with State law; employer benefits \n(1) In general \nThis section does not preempt or supersede any provision of State or local law that authorizes a State or political subdivision to provide paid parental or family medical leave benefits similar to the benefits provided under this section. (2) Greater benefits allowed \nNothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or employment benefit program or plan that provides greater benefits for leave or other leave rights to individuals than the benefits for leave or leave rights established under this Act. (h) Sunset \nNo application for parental leave benefits under this section may be filed in any calendar year if the OASDI trust fund ratio (as defined in section 215(i)) for such calendar year or for the year following such calendar year is projected, based on the intermediate projections in the most recent (as of January 1 of such calendar year) annual report issued under section 201(c)(2), to be less than 20 percent. (i) Definitions \nFor purposes of this section— (1) the term qualified child means, with respect to an individual for a benefit period, a biological child or legally adopted child of the individual (as determined by the Commissioner of Social Security) who— (A) will not attain 18 years of age before the end of such benefit period; and (B) will be residing with, and under the care of, the individual during the benefit period as determined by the Commissioner.", "id": "HC632FB0F7AB3470DB539AB2426FFFAF5", "header": "Parental leave benefits", "nested": [ { "text": "(a) In general \nEvery individual— (1) who has— (A) not less than 8 quarters of coverage, 4 of which are credited to calendar quarters during the calendar year preceding the calendar year in which the 1st month of the benefit period described in subsection (c) occurs; or (B) not less than 12 quarters of coverage; and (2) who has filed an application for a parental leave benefit with respect to a qualified child of the individual, shall be entitled to a parental leave benefit with respect to such qualified child.", "id": "HAFDDF24044964FC0B641A2E026EA9988", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Benefit amount \nSuch individual’s parental leave benefit shall be an amount equal to the product of— (1) the number of benefit months (not to exceed 3) selected by the individual in the individual’s application for a parental leave benefit, multiplied by (2) an amount equal to the primary insurance amount for the individual that would be determined under section 215 if— (A) the individual had attained age 62 in the first month of the individual’s benefit period; and (B) the individual had become entitled to an old-age insurance benefit under section 202 beginning with such month. For the purposes of the preceding sentence, the elapsed years referred to in section 215(b)(2)(B)(iii) shall not include the year in which the individual's benefit period begins, or any year thereafter.", "id": "HE4DFFCEC5A8743498CAC6793C37CF163", "header": "Benefit amount", "nested": [], "links": [] }, { "text": "(c) Payment of benefit \n(1) Selection of number of benefit months \nIn filing an application for a parental leave benefit under this section, an individual shall select the number of months (not to exceed 3) for which the individual will receive a monthly payment under such parental leave benefit (in this section referred to as benefit months ). (2) Election of benefit months \nNot later than 14 days before the start of any month in the benefit period of an individual entitled to a parental leave benefit, the individual may elect to treat such month as a benefit month. The number of months in such benefit period treated as benefit months shall equal the number selected in the individual’s benefit application, and the Commissioner may designate any month as a benefit month in any case in which an individual does not elect to treat a sufficient number of months as benefit months before the end of the benefit period. (3) Amount of monthly payment \nThe amount of a monthly payment made in any benefit month within a benefit period to an individual entitled to a parental leave benefit shall be an amount equal to— (A) the amount of the parental leave benefit determined for the individual under subsection (b); divided by (B) the number of benefit months selected by the individual pursuant to paragraph (1) with respect to such benefit. (4) Definition of benefit period \nFor purposes of this section, the term benefit period means, with respect to an individual entitled to a parental leave benefit with respect to a qualified child, the 1-year period beginning with the month after the month in which the birth or adoption of the qualified child occurs.", "id": "H660B0BC3A93A4839B76C05418B94AB1F", "header": "Payment of benefit", "nested": [], "links": [] }, { "text": "(d) Benefit application \n(1) In general \nThe Commissioner shall ensure that the application for a parental leave benefit— (A) includes a notice, clearly written in language that is easily understandable to the reader, explaining that— (i) failure to submit such proof or documentation as the Commissioner may require to demonstrate that the applicant is the parent of the qualified child shall be subject to criminal and civil penalties; (ii) the full cost to the Trust Funds of any amount received by an individual as a parental leave benefit must be repaid through reductions to old-age insurance benefits payable to the individual in subsequent months, or by other means; and (iii) entitlement to a parental leave benefit has no effect on the determination of an individual’s entitlement to leave under the Family and Medical Leave Act of 1993; and (B) requires an attestation by the individual submitting the application that— (i) the individual expects to be the parent of a qualified child throughout the benefit period with respect to such application; (ii) the individual intends to use the benefit to finance spending more time with the qualified child at home and away from employment during the benefit period; and (iii) the individual consents to the terms and conditions specified in the notice described in subparagraph (A). (2) Option to file simultaneous applications \nThe Commissioner of Social Security may establish an option under which an individual may file an application for a parental leave benefit under this section with respect to a qualified child at the same time the individual submits an application for a social security account number for such qualified child. (3) Online availability \nThe Commissioner of Social Security shall, as soon as practicable after the date of enactment of this section, permit an individual to apply for a parental leave benefit through an internet website or other electronic media.", "id": "H09813C763DC5430CABC65506C3E802A3", "header": "Benefit application", "nested": [], "links": [] }, { "text": "(e) Fraud prevention \n(1) In general \nThe Commissioner of Social Security shall establish procedures to ensure the prevention of fraud with respect to applications for parental leave benefits under this section, including procedures for the submission of such proof or documentation as the Commissioner may require to verify the information contained in such an application. (2) Enforcement \nIn any case in which an individual willfully, knowingly, and with intent to deceive the Commissioner of Social Security fails to comply with the procedures established under paragraph (1), the Commissioner may impose on such individual, in addition to any other penalties that may be prescribed by law— (A) a civil monetary penalty of not more than $7,500 for each such failure; and (B) an assessment, in lieu of any damages sustained by the United States because of such failure, of not more than twice the amount of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual.", "id": "HFBD0AE1A162F44E08F88796F75DDEA66", "header": "Fraud prevention", "nested": [], "links": [] }, { "text": "(f) Benefit repayment \n(1) In general \nAn individual who is paid a parental leave benefit under this section shall repay the full cost of such benefit to the Federal Old-Age and Survivors Insurance Trust Fund (as such amount is determined by the Commissioner) in accordance with this subsection. (2) Old-age insurance benefit offset \n(A) In general \nExcept as provided in paragraph (3), in the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, deductions shall be made from each monthly payment of such benefit (not to exceed the first 60 such monthly payments) in such amounts, subject to subparagraph (B), as the Commissioner of Social Security shall determine necessary to fully recover the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. (B) Notification \nNot later than the beginning of each calendar year, the Commissioner of Social Security shall notify each individual whose old-age insurance benefits are subject to a deduction under subparagraph (A) during such calendar year of the amount of the deduction that will be applied to each monthly payment of such benefits during the calendar year. (3) Alternative increase of retirement age \n(A) In general \nIn the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, such individual may elect, at the time of application for such benefit, to be subject to a retirement age increase in accordance with this paragraph. Such election shall be irrevocable, and an individual who makes such an election shall not be subject to a deduction under paragraph (2) for any month. (B) Retirement age increase \nNotwithstanding section 216(l)(1), with respect to an individual who makes an election under subparagraph (A), the retirement age of such individual shall be deemed to be— (i) the retirement age determined with respect to the individual under such section; plus (ii) the additional number of months the Commissioner of Social Security shall determine necessary to result in the full recovery of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. (C) Increase to earliest entitlement age \nIn the case of an individual who makes an election under subparagraph (A), notwithstanding subsection (a) of section 202, no old-age insurance benefit shall be paid to such individual for any month before the first month throughout which the individual has attained age 62 plus the additional number of months determined for the individual under subparagraph (B)(ii). (4) Other recovery methods \nIn any case in which the Commissioner of Social Security determines that the cost to the Federal Old-Age and Survivors Insurance Trust Fund of a parental leave benefit paid to an individual cannot be fully recovered pursuant to paragraph (2) or (3)— (A) such benefit shall be deemed, upon the making of such determination, to be a payment of more than the correct amount for purposes of section 204; and (B) the Commissioner may recover such amounts by means of any method available to the Commissioner under such section. (5) Projection of repayment amount \nAs soon as practicable after the date of enactment of this section, the Commissioner shall establish a system to make available through an internet website or other electronic media to each individual who is paid a parental leave benefit under this section, beginning with the first month beginning after the individual’s benefit period the projected amount of the deduction to be made from each of the first 60 monthly payments of old-age insurance benefits under paragraph (2), or if the individual so elects, the additional number of months by which the individual’s retirement age would be increased under paragraph (3), in order to fully repay the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual, and a description of the assumptions used by the Commissioner in making such projection.", "id": "H969106FC17E54229B0E85C3A1DA3EEED", "header": "Benefit repayment", "nested": [], "links": [] }, { "text": "(g) Relationship with State law; employer benefits \n(1) In general \nThis section does not preempt or supersede any provision of State or local law that authorizes a State or political subdivision to provide paid parental or family medical leave benefits similar to the benefits provided under this section. (2) Greater benefits allowed \nNothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or employment benefit program or plan that provides greater benefits for leave or other leave rights to individuals than the benefits for leave or leave rights established under this Act.", "id": "H253BD6937D54461AA80D3CDE8B7003AE", "header": "Relationship with State law; employer benefits", "nested": [], "links": [] }, { "text": "(h) Sunset \nNo application for parental leave benefits under this section may be filed in any calendar year if the OASDI trust fund ratio (as defined in section 215(i)) for such calendar year or for the year following such calendar year is projected, based on the intermediate projections in the most recent (as of January 1 of such calendar year) annual report issued under section 201(c)(2), to be less than 20 percent.", "id": "HBBCA657AD043430E8AE2FDB0230ACF97", "header": "Sunset", "nested": [], "links": [] }, { "text": "(i) Definitions \nFor purposes of this section— (1) the term qualified child means, with respect to an individual for a benefit period, a biological child or legally adopted child of the individual (as determined by the Commissioner of Social Security) who— (A) will not attain 18 years of age before the end of such benefit period; and (B) will be residing with, and under the care of, the individual during the benefit period as determined by the Commissioner.", "id": "H632480E707624FB9BA0D1F8FA25D47AB", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]

[ "Adoption and foster care", "Aging", "Child care and development", "Employee benefits and pensions", "Employee leave", "Family relationships", "Government trust funds", "Social security and elderly assistance" ]

[ { "text": "1. Short title \nThis Act may be cited as the Drug Price Transparency in Medicaid Act of 2023.", "id": "HA5CA710D484542EEAD9C3C81392BC878", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Improving transparency and preventing the use of abusive spread pricing and related practices in Medicaid \n(a) Pass-Through pricing required \n(1) In general \nSection 1927(e) of the Social Security Act ( 42 U.S.C. 1396r–8(e) ) is amended by adding at the end the following: (6) Pass-through pricing required \nA contract between the State and a pharmacy benefit manager (referred to in this paragraph as a PBM ), or a contract between the State and a managed care entity or other specified entity (as such terms are defined in section 1903(m)(9)(D)) that includes provisions making the entity responsible for coverage of covered outpatient drugs dispensed to individuals enrolled with the entity, shall require that payment for such drugs and related administrative services (as applicable), including payments made by a PBM on behalf of the State or entity, is based on a pass-through pricing model under which— (A) any payment made by the entity or the PBM (as applicable) for such a drug— (i) is limited to— (I) ingredient cost; and (II) a professional dispensing fee that is not less than the professional dispensing fee that the State plan or waiver would pay if the plan or waiver was making the payment directly; (ii) is passed through in its entirety by the entity or PBM to the pharmacy or provider that dispenses the drug; and (iii) is made in a manner that is consistent with section 1902(a)(30)(A) and sections 447.512, 447.514, and 447.518 of title 42, Code of Federal Regulations (or any successor regulation) as if such requirements applied directly to the entity or the PBM, except that any payment by the entity or the PBM (as applicable) for the ingredient cost of a covered outpatient drug dispensed by providers and pharmacies referenced in clauses (i) or (ii) of section 447.518(a)(1) of title 42, Code of Federal Regulations (or any successor regulation) shall be the same as the payment amount for the ingredient cost when dispensed by providers and pharmacies not referenced in such clauses, and in no case shall payment for the ingredient cost of a covered outpatient drug be based on the actual acquisition cost of a drug dispensed by providers and pharmacies referenced in such clauses or take into account a drug's status as a drug purchased at a discounted price by a provider or pharmacy referenced in such clauses; (B) payment to the entity or the PBM (as applicable) for administrative services performed by the entity or PBM is limited to a reasonable administrative fee that covers the reasonable cost of providing such services; (C) the entity or the PBM (as applicable) shall make available to the State, and the Secretary upon request, all costs and payments related to covered outpatient drugs and accompanying administrative services incurred, received, or made by the entity or the PBM, including ingredient costs, professional dispensing fees, administrative fees, post-sale and post-invoice fees, discounts, or related adjustments such as direct and indirect remuneration fees, and any and all other remuneration; and (D) any form of spread pricing whereby any amount charged or claimed by the entity or the PBM (as applicable) is in excess of the amount paid to the pharmacies on behalf of the entity, including any post-sale or post-invoice fees, discounts, or related adjustments such as direct and indirect remuneration fees or assessments (after allowing for a reasonable administrative fee as described in subparagraph (B)) is not allowable for purposes of claiming Federal matching payments under this title.. (2) Conforming amendment \nSection 1903(m)(2)(A)(xiii) of such Act ( 42 U.S.C. 1396b(m)(2)(A)(xiii) ) is amended— (A) by striking and (III) and inserting (III) ; (B) by inserting before the period at the end the following: , and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6) ; and (C) by moving the left margin 2 ems to the left. (3) Effective date \nThe amendments made by this subsection apply to contracts between States and managed care entities, other specified entities, or pharmacy benefits managers that are entered into or renewed on or after the date that is 18 months after the date of enactment of this Act. (b) Ensuring accurate payments to pharmacies under Medicaid \n(1) In general \nSection 1927(f) of the Social Security Act ( 42 U.S.C. 1396r–8(f) ) is amended— (A) by striking and after the semicolon at the end of paragraph (1)(A)(i) and all that precedes it through (1) and inserting the following: (1) Determining pharmacy actual acquisition costs \nThe Secretary shall conduct a survey of retail community pharmacy drug prices to determine the national average drug acquisition cost as follows: (A) Use of vendor \nThe Secretary may contract services for— (i) with respect to retail community pharmacies, the determination of retail survey prices of the national average drug acquisition cost for covered outpatient drugs based on a monthly survey of such pharmacies; and ; (B) by adding at the end of paragraph (1) the following: (F) Survey reporting \nIn order to meet the requirement of section 1902(a)(54), a State shall require that any retail community pharmacy in the State that receives any payment, reimbursement, administrative fee, discount, or rebate related to the dispensing of covered outpatient drugs to individuals receiving benefits under this title, regardless of whether such payment, fee, discount, or rebate is received from the State or a managed care entity directly or from a pharmacy benefit manager or another entity that has a contract with the State or a managed care entity, shall respond to surveys of retail prices conducted under this subsection. (G) Survey information \nInformation on national drug acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: (i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). (ii) The sampling frame and number of pharmacies sampled monthly. (iii) Information on price concessions to the pharmacy, including discounts, rebates, and other price concessions, to the extent that such information is available during the survey period. (H) Report on specialty pharmacies \n(i) In general \nNot later than 1 year after the effective date of this subparagraph, the Secretary shall submit a report to Congress examining specialty drug coverage and reimbursement under this title. (ii) Content of report \nSuch report shall include a description of how State Medicaid programs define specialty drugs and specialty pharmacies, how much State Medicaid programs pay for specialty drugs, how States and managed care plans determine payment for specialty drugs, the settings in which specialty drugs are dispensed (such as retail community pharmacies or specialty pharmacies), to what extent acquisition costs for specialty drugs are captured in the national average drug acquisition cost survey or through another process, examples of specialty drug dispensing fees to support the services associated with dispensing specialty drugs, and recommendations as to whether specialty pharmacies should be included in the survey of retail prices to ensure national average drug acquisition costs capture drugs sold at specialty pharmacies and how such specialty pharmacies should be defined. ; (C) in paragraph (2)— (i) in subparagraph (A), by inserting , including payments rates under Medicaid managed care plans, after under this title ; and (ii) in subparagraph (B), by inserting and the basis for such dispensing fees before the semicolon; and (D) in paragraph (4), by inserting , and $5,000,000 for fiscal year 2025 and each fiscal year thereafter, after 2010. (2) Effective date \nThe amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act.", "id": "H79E4515B510D4E85A22C5E1BC1814D05", "header": "Improving transparency and preventing the use of abusive spread pricing and related practices in Medicaid", "nested": [ { "text": "(a) Pass-Through pricing required \n(1) In general \nSection 1927(e) of the Social Security Act ( 42 U.S.C. 1396r–8(e) ) is amended by adding at the end the following: (6) Pass-through pricing required \nA contract between the State and a pharmacy benefit manager (referred to in this paragraph as a PBM ), or a contract between the State and a managed care entity or other specified entity (as such terms are defined in section 1903(m)(9)(D)) that includes provisions making the entity responsible for coverage of covered outpatient drugs dispensed to individuals enrolled with the entity, shall require that payment for such drugs and related administrative services (as applicable), including payments made by a PBM on behalf of the State or entity, is based on a pass-through pricing model under which— (A) any payment made by the entity or the PBM (as applicable) for such a drug— (i) is limited to— (I) ingredient cost; and (II) a professional dispensing fee that is not less than the professional dispensing fee that the State plan or waiver would pay if the plan or waiver was making the payment directly; (ii) is passed through in its entirety by the entity or PBM to the pharmacy or provider that dispenses the drug; and (iii) is made in a manner that is consistent with section 1902(a)(30)(A) and sections 447.512, 447.514, and 447.518 of title 42, Code of Federal Regulations (or any successor regulation) as if such requirements applied directly to the entity or the PBM, except that any payment by the entity or the PBM (as applicable) for the ingredient cost of a covered outpatient drug dispensed by providers and pharmacies referenced in clauses (i) or (ii) of section 447.518(a)(1) of title 42, Code of Federal Regulations (or any successor regulation) shall be the same as the payment amount for the ingredient cost when dispensed by providers and pharmacies not referenced in such clauses, and in no case shall payment for the ingredient cost of a covered outpatient drug be based on the actual acquisition cost of a drug dispensed by providers and pharmacies referenced in such clauses or take into account a drug's status as a drug purchased at a discounted price by a provider or pharmacy referenced in such clauses; (B) payment to the entity or the PBM (as applicable) for administrative services performed by the entity or PBM is limited to a reasonable administrative fee that covers the reasonable cost of providing such services; (C) the entity or the PBM (as applicable) shall make available to the State, and the Secretary upon request, all costs and payments related to covered outpatient drugs and accompanying administrative services incurred, received, or made by the entity or the PBM, including ingredient costs, professional dispensing fees, administrative fees, post-sale and post-invoice fees, discounts, or related adjustments such as direct and indirect remuneration fees, and any and all other remuneration; and (D) any form of spread pricing whereby any amount charged or claimed by the entity or the PBM (as applicable) is in excess of the amount paid to the pharmacies on behalf of the entity, including any post-sale or post-invoice fees, discounts, or related adjustments such as direct and indirect remuneration fees or assessments (after allowing for a reasonable administrative fee as described in subparagraph (B)) is not allowable for purposes of claiming Federal matching payments under this title.. (2) Conforming amendment \nSection 1903(m)(2)(A)(xiii) of such Act ( 42 U.S.C. 1396b(m)(2)(A)(xiii) ) is amended— (A) by striking and (III) and inserting (III) ; (B) by inserting before the period at the end the following: , and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6) ; and (C) by moving the left margin 2 ems to the left. (3) Effective date \nThe amendments made by this subsection apply to contracts between States and managed care entities, other specified entities, or pharmacy benefits managers that are entered into or renewed on or after the date that is 18 months after the date of enactment of this Act.", "id": "HCC172936468848D88D8FD523D8882EFD", "header": "Pass-Through pricing required", "nested": [], "links": [ { "text": "42 U.S.C. 1396r–8(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" }, { "text": "42 U.S.C. 1396b(m)(2)(A)(xiii)", "legal-doc": "usc", "parsable-cite": "usc/42/1396b" } ] }, { "text": "(b) Ensuring accurate payments to pharmacies under Medicaid \n(1) In general \nSection 1927(f) of the Social Security Act ( 42 U.S.C. 1396r–8(f) ) is amended— (A) by striking and after the semicolon at the end of paragraph (1)(A)(i) and all that precedes it through (1) and inserting the following: (1) Determining pharmacy actual acquisition costs \nThe Secretary shall conduct a survey of retail community pharmacy drug prices to determine the national average drug acquisition cost as follows: (A) Use of vendor \nThe Secretary may contract services for— (i) with respect to retail community pharmacies, the determination of retail survey prices of the national average drug acquisition cost for covered outpatient drugs based on a monthly survey of such pharmacies; and ; (B) by adding at the end of paragraph (1) the following: (F) Survey reporting \nIn order to meet the requirement of section 1902(a)(54), a State shall require that any retail community pharmacy in the State that receives any payment, reimbursement, administrative fee, discount, or rebate related to the dispensing of covered outpatient drugs to individuals receiving benefits under this title, regardless of whether such payment, fee, discount, or rebate is received from the State or a managed care entity directly or from a pharmacy benefit manager or another entity that has a contract with the State or a managed care entity, shall respond to surveys of retail prices conducted under this subsection. (G) Survey information \nInformation on national drug acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: (i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). (ii) The sampling frame and number of pharmacies sampled monthly. (iii) Information on price concessions to the pharmacy, including discounts, rebates, and other price concessions, to the extent that such information is available during the survey period. (H) Report on specialty pharmacies \n(i) In general \nNot later than 1 year after the effective date of this subparagraph, the Secretary shall submit a report to Congress examining specialty drug coverage and reimbursement under this title. (ii) Content of report \nSuch report shall include a description of how State Medicaid programs define specialty drugs and specialty pharmacies, how much State Medicaid programs pay for specialty drugs, how States and managed care plans determine payment for specialty drugs, the settings in which specialty drugs are dispensed (such as retail community pharmacies or specialty pharmacies), to what extent acquisition costs for specialty drugs are captured in the national average drug acquisition cost survey or through another process, examples of specialty drug dispensing fees to support the services associated with dispensing specialty drugs, and recommendations as to whether specialty pharmacies should be included in the survey of retail prices to ensure national average drug acquisition costs capture drugs sold at specialty pharmacies and how such specialty pharmacies should be defined. ; (C) in paragraph (2)— (i) in subparagraph (A), by inserting , including payments rates under Medicaid managed care plans, after under this title ; and (ii) in subparagraph (B), by inserting and the basis for such dispensing fees before the semicolon; and (D) in paragraph (4), by inserting , and $5,000,000 for fiscal year 2025 and each fiscal year thereafter, after 2010. (2) Effective date \nThe amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act.", "id": "HD4B52036C4E54F0F98997D55A33FDB4B", "header": "Ensuring accurate payments to pharmacies under Medicaid", "nested": [], "links": [ { "text": "42 U.S.C. 1396r–8(f)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" } ] } ], "links": [ { "text": "42 U.S.C. 1396r–8(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" }, { "text": "42 U.S.C. 1396b(m)(2)(A)(xiii)", "legal-doc": "usc", "parsable-cite": "usc/42/1396b" }, { "text": "42 U.S.C. 1396r–8(f)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" } ] } ]

[ "Business records", "Congressional oversight", "Government information and archives", "Health care costs and insurance", "Home and outpatient care", "Inflation and prices", "Medicaid", "Prescription drugs", "Public contracts and procurement", "Retail and wholesale trades", "State and local government operations", "User charges and fees" ]

[ { "text": "1. Short title \nThis Act may be cited as the Stop Institutional Child Abuse Act.", "id": "HD6C00F0447264F9FBAC627AA3B3B6D9D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Improving national data collection and reporting for youth in youth residential programs \nTitle V of the Public Health Service Act ( 42 U.S.C. 290aa et seq. ) is amended by inserting after part I ( 42 U.S.C. 290jj et seq. ) the following: J Improving national data collection and reporting for youth in youth residential programs \n596. Federal Work Group on Youth Residential Programs \n(a) In general \nThe Secretary shall establish the Federal Work Group on Youth Residential Programs (referred to in this section as the Work Group ) to improve the dissemination and implementation of best practices regarding the health and safety (including with respect to the use of seclusion and restraints), care, treatment, and appropriate placement of youth in youth residential programs. (b) Composition \n(1) In general \nThe Secretary shall appoint 9 representatives to the Work Group from the Administration for Children and Families, the Administration for Community Living, the Substance Abuse and Mental Health Services Administration, the Department of Education, the Department of Justice, the Indian Health Service, and the Centers for Medicare & Medicaid Services. (2) Other Federal agencies \nThe Work Group may include representatives from other Federal agencies, as the Secretary determines appropriate, appointed by the head of the relevant agency. (c) Consultation \nIn carrying out the duties described in subsection (d), the Work Group shall consult with— (1) child advocates, including attorneys experienced in working with youth overrepresented in the child welfare system or the juvenile justice system; (2) health professionals, including mental health and substance use disorder professionals, nurses, physicians, social workers and other health care providers who provide services to youth who may be served by residential programs; (3) protection and advocacy systems; (4) individuals experienced in working with youth with disabilities, including emotional, mental health, and substance use disorders; (5) individuals with lived experience as children and youth in youth residential programs, including individuals with intellectual or developmental disabilities and individuals with emotional, mental health, or substance use disorders; (6) representatives of State and local child protective services agencies and other relevant public agencies; (7) parents or guardians of children and youth with emotional, mental health, or substance use disorder needs; (8) experts on issues related to child abuse and neglect in youth residential programs; (9) administrators of youth residential programs; (10) education professionals who provide services to youth in youth residential programs; (11) Indian Tribes and Tribal organizations; (12) State legislators; (13) State licensing agencies; and (14) others, as appropriate. (d) Duties \nThe Work Group shall— (1) develop and publish recommendations regarding a national database that aggregates data, including process-oriented data such as length of stay and use of restraints, and seclusion and outcome-oriented data such as discharge setting and ability to be safety maintained in school and community at least 6-months after discharge; (2) beginning not later than 2 years after the date of enactment of the Stop Institutional Child Abuse Act , and every 2 years thereafter, submit to the Secretary and the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate, and the Committee on Education and the Workforce, the Committee on Energy and Commerce, and the Committee on Ways and Means of the House of Representatives, a report containing policy recommendations designed to— (A) improve the coordination of the dissemination and implementation of best practices regarding the health and safety (including use of seclusion and restraints), care, treatment, and appropriate placement of youth in youth residential programs; (B) promote the coordination of the dissemination and implementation of best practices regarding the care and treatment of youth in youth residential programs among State child welfare agencies, State Medicaid agencies, and State mental and behavioral health agencies; and (C) promote the adoption and implementation of best practices regarding the care and treatment of youth in youth residential programs among child welfare systems, licensing agencies, accreditation organizations, and other relevant monitoring and enforcement entities; (3) develop and utilize risk assessment tools, including projects that provide for the development of research-based strategies for risk assessments relating to the health, safety (including with respect to the use of seclusion and restraints), and well-being of youth in youth residential programs; (4) support the development and implementation of education and training resources for professional and paraprofessional personnel in the fields of health care, law enforcement, judiciary, social work, child protection (including the prevention, identification, and treatment of child abuse and neglect), education, child care, and other relevant fields, and individuals such as court appointed special advocates and guardians ad litem, including education and training resources regarding— (A) the unique needs, experiences, and outcomes of youth overrepresented in youth residential programs; (B) the enhancement of interagency communication among child protective service agencies, protection and advocacy systems, State licensing agencies, State Medicaid agencies, and accreditation agencies; (C) best practices to eliminate the usage of physical, mechanical, and chemical restraint and seclusion, and to promote the use of positive behavioral interventions and supports, culturally and linguistically sensitive services, mental health supports, trauma- and grief-informed care, and crisis de-escalation interventions; and (D) the legal duties of such professional and paraprofessional personnel and youth residential program personnel and the responsibilities of such professionals and personnel to protect the legal rights of children in youth residential programs, consistent with applicable State and Federal law; (5) improve accessibility and development of community-based alternatives to youth residential programs; (6) provide recommendations for innovative programs designed to provide community support and resources to at-risk youth, including programs that— (A) support continuity of education, including removing barriers to access; (B) provide mentorship; (C) support the provision of crisis intervention services and in-home or outpatient mental health and substance use disorder treatment; and (D) provide other resources to families and parents or guardians that assist in preventing the need for out-of-home placement of youth in youth residential programs; (7) perform other activities, such as activities relating to development, dissemination, outreach, engagement, or training associated with advancing least-restrictive, evidence-based, trauma and grief-informed, and developmentally and culturally competent care for youth in youth residential programs and youth at risk of being placed in such programs; and (8) provide recommendations on best practices to convey Work Group recommendations to States. 596A. Definitions \nIn this part: (1) Child abuse or neglect \nThe term child abuse or neglect has the meaning given such term in section 3 of the Child Abuse Prevention and Treatment Act. (2) Culturally competent \nThe term culturally competent has the meaning given such term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000. (3) Indian Tribe; Tribal organization \nThe terms Indian Tribe and Tribal organization have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act. (4) Protection and advocacy systems \nThe term protection and advocacy system means a system established by a State or Indian Tribe under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000. (5) State \nThe term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (6) Youth \nThe term youth means an individual who has not attained the age of 22. (7) Youth residential program \n(A) In general \nThe term youth residential program means each location of a facility or program operated by a public or private entity that, with respect to one or more youth who are unrelated to the owner or operator of the facility or program— (i) provides a residential environment, such as— (I) a program with a wilderness or outdoor experience, expedition, or intervention; (II) a boot camp experience or other experience designed to simulate characteristics of basic military training or correctional regimes; (III) an education or therapeutic boarding school; (IV) a behavioral modification program; (V) a residential treatment center or facility; (VI) a qualified residential treatment program (as defined in section 472(k)(4) of the Social Security Act); (VII) a psychiatric residential treatment program that meets the requirements of subpart D of part 441 of title 42, Code of Federal Regulations (or any successor regulations); (VIII) a group home serving children and youth placed by any placing authority; (IX) an intermediate care facility for individuals with intellectual disabilities; or (X) any residential program that is utilized as an alternative to incarceration for justice involved youth, adjudicated youth, or youth deemed delinquent; and (ii) serves youth who have a history or diagnosis of— (I) an emotional, behavioral, or mental health disorder; (II) a substance misuse or use disorder, including alcohol misuse or use disorders; or (III) an intellectual, developmental, physical, or sensory disability. (B) Exclusion \nThe term youth residential program does not include— (i) a hospital licensed by the State; or (ii) a foster family home that provides 24-hour substitute care for children placed away from their parents or guardians and for whom the State child welfare services agency has placement and care responsibility and that is licensed and regulated by the State as a foster family home..", "id": "HDBDB08E7DAD4460C99AC623008D02B8D", "header": "Improving national data collection and reporting for youth in youth residential programs", "nested": [], "links": [ { "text": "42 U.S.C. 290aa et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/290aa" }, { "text": "42 U.S.C. 290jj et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/290jj" } ] }, { "text": "596. Federal Work Group on Youth Residential Programs \n(a) In general \nThe Secretary shall establish the Federal Work Group on Youth Residential Programs (referred to in this section as the Work Group ) to improve the dissemination and implementation of best practices regarding the health and safety (including with respect to the use of seclusion and restraints), care, treatment, and appropriate placement of youth in youth residential programs. (b) Composition \n(1) In general \nThe Secretary shall appoint 9 representatives to the Work Group from the Administration for Children and Families, the Administration for Community Living, the Substance Abuse and Mental Health Services Administration, the Department of Education, the Department of Justice, the Indian Health Service, and the Centers for Medicare & Medicaid Services. (2) Other Federal agencies \nThe Work Group may include representatives from other Federal agencies, as the Secretary determines appropriate, appointed by the head of the relevant agency. (c) Consultation \nIn carrying out the duties described in subsection (d), the Work Group shall consult with— (1) child advocates, including attorneys experienced in working with youth overrepresented in the child welfare system or the juvenile justice system; (2) health professionals, including mental health and substance use disorder professionals, nurses, physicians, social workers and other health care providers who provide services to youth who may be served by residential programs; (3) protection and advocacy systems; (4) individuals experienced in working with youth with disabilities, including emotional, mental health, and substance use disorders; (5) individuals with lived experience as children and youth in youth residential programs, including individuals with intellectual or developmental disabilities and individuals with emotional, mental health, or substance use disorders; (6) representatives of State and local child protective services agencies and other relevant public agencies; (7) parents or guardians of children and youth with emotional, mental health, or substance use disorder needs; (8) experts on issues related to child abuse and neglect in youth residential programs; (9) administrators of youth residential programs; (10) education professionals who provide services to youth in youth residential programs; (11) Indian Tribes and Tribal organizations; (12) State legislators; (13) State licensing agencies; and (14) others, as appropriate. (d) Duties \nThe Work Group shall— (1) develop and publish recommendations regarding a national database that aggregates data, including process-oriented data such as length of stay and use of restraints, and seclusion and outcome-oriented data such as discharge setting and ability to be safety maintained in school and community at least 6-months after discharge; (2) beginning not later than 2 years after the date of enactment of the Stop Institutional Child Abuse Act , and every 2 years thereafter, submit to the Secretary and the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate, and the Committee on Education and the Workforce, the Committee on Energy and Commerce, and the Committee on Ways and Means of the House of Representatives, a report containing policy recommendations designed to— (A) improve the coordination of the dissemination and implementation of best practices regarding the health and safety (including use of seclusion and restraints), care, treatment, and appropriate placement of youth in youth residential programs; (B) promote the coordination of the dissemination and implementation of best practices regarding the care and treatment of youth in youth residential programs among State child welfare agencies, State Medicaid agencies, and State mental and behavioral health agencies; and (C) promote the adoption and implementation of best practices regarding the care and treatment of youth in youth residential programs among child welfare systems, licensing agencies, accreditation organizations, and other relevant monitoring and enforcement entities; (3) develop and utilize risk assessment tools, including projects that provide for the development of research-based strategies for risk assessments relating to the health, safety (including with respect to the use of seclusion and restraints), and well-being of youth in youth residential programs; (4) support the development and implementation of education and training resources for professional and paraprofessional personnel in the fields of health care, law enforcement, judiciary, social work, child protection (including the prevention, identification, and treatment of child abuse and neglect), education, child care, and other relevant fields, and individuals such as court appointed special advocates and guardians ad litem, including education and training resources regarding— (A) the unique needs, experiences, and outcomes of youth overrepresented in youth residential programs; (B) the enhancement of interagency communication among child protective service agencies, protection and advocacy systems, State licensing agencies, State Medicaid agencies, and accreditation agencies; (C) best practices to eliminate the usage of physical, mechanical, and chemical restraint and seclusion, and to promote the use of positive behavioral interventions and supports, culturally and linguistically sensitive services, mental health supports, trauma- and grief-informed care, and crisis de-escalation interventions; and (D) the legal duties of such professional and paraprofessional personnel and youth residential program personnel and the responsibilities of such professionals and personnel to protect the legal rights of children in youth residential programs, consistent with applicable State and Federal law; (5) improve accessibility and development of community-based alternatives to youth residential programs; (6) provide recommendations for innovative programs designed to provide community support and resources to at-risk youth, including programs that— (A) support continuity of education, including removing barriers to access; (B) provide mentorship; (C) support the provision of crisis intervention services and in-home or outpatient mental health and substance use disorder treatment; and (D) provide other resources to families and parents or guardians that assist in preventing the need for out-of-home placement of youth in youth residential programs; (7) perform other activities, such as activities relating to development, dissemination, outreach, engagement, or training associated with advancing least-restrictive, evidence-based, trauma and grief-informed, and developmentally and culturally competent care for youth in youth residential programs and youth at risk of being placed in such programs; and (8) provide recommendations on best practices to convey Work Group recommendations to States.", "id": "id9e44b5409c8a4f6c99a563124c20e556", "header": "Federal Work Group on Youth Residential Programs", "nested": [ { "text": "(a) In general \nThe Secretary shall establish the Federal Work Group on Youth Residential Programs (referred to in this section as the Work Group ) to improve the dissemination and implementation of best practices regarding the health and safety (including with respect to the use of seclusion and restraints), care, treatment, and appropriate placement of youth in youth residential programs.", "id": "id401c22c0d6ec4bb9ad3b6483d321ced7", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Composition \n(1) In general \nThe Secretary shall appoint 9 representatives to the Work Group from the Administration for Children and Families, the Administration for Community Living, the Substance Abuse and Mental Health Services Administration, the Department of Education, the Department of Justice, the Indian Health Service, and the Centers for Medicare & Medicaid Services. (2) Other Federal agencies \nThe Work Group may include representatives from other Federal agencies, as the Secretary determines appropriate, appointed by the head of the relevant agency.", "id": "id435bc2ca26b54d7288716be4dbc2aaa2", "header": "Composition", "nested": [], "links": [] }, { "text": "(c) Consultation \nIn carrying out the duties described in subsection (d), the Work Group shall consult with— (1) child advocates, including attorneys experienced in working with youth overrepresented in the child welfare system or the juvenile justice system; (2) health professionals, including mental health and substance use disorder professionals, nurses, physicians, social workers and other health care providers who provide services to youth who may be served by residential programs; (3) protection and advocacy systems; (4) individuals experienced in working with youth with disabilities, including emotional, mental health, and substance use disorders; (5) individuals with lived experience as children and youth in youth residential programs, including individuals with intellectual or developmental disabilities and individuals with emotional, mental health, or substance use disorders; (6) representatives of State and local child protective services agencies and other relevant public agencies; (7) parents or guardians of children and youth with emotional, mental health, or substance use disorder needs; (8) experts on issues related to child abuse and neglect in youth residential programs; (9) administrators of youth residential programs; (10) education professionals who provide services to youth in youth residential programs; (11) Indian Tribes and Tribal organizations; (12) State legislators; (13) State licensing agencies; and (14) others, as appropriate.", "id": "id1225e221e2da4693bf1d2964725d376c", "header": "Consultation", "nested": [], "links": [] }, { "text": "(d) Duties \nThe Work Group shall— (1) develop and publish recommendations regarding a national database that aggregates data, including process-oriented data such as length of stay and use of restraints, and seclusion and outcome-oriented data such as discharge setting and ability to be safety maintained in school and community at least 6-months after discharge; (2) beginning not later than 2 years after the date of enactment of the Stop Institutional Child Abuse Act , and every 2 years thereafter, submit to the Secretary and the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate, and the Committee on Education and the Workforce, the Committee on Energy and Commerce, and the Committee on Ways and Means of the House of Representatives, a report containing policy recommendations designed to— (A) improve the coordination of the dissemination and implementation of best practices regarding the health and safety (including use of seclusion and restraints), care, treatment, and appropriate placement of youth in youth residential programs; (B) promote the coordination of the dissemination and implementation of best practices regarding the care and treatment of youth in youth residential programs among State child welfare agencies, State Medicaid agencies, and State mental and behavioral health agencies; and (C) promote the adoption and implementation of best practices regarding the care and treatment of youth in youth residential programs among child welfare systems, licensing agencies, accreditation organizations, and other relevant monitoring and enforcement entities; (3) develop and utilize risk assessment tools, including projects that provide for the development of research-based strategies for risk assessments relating to the health, safety (including with respect to the use of seclusion and restraints), and well-being of youth in youth residential programs; (4) support the development and implementation of education and training resources for professional and paraprofessional personnel in the fields of health care, law enforcement, judiciary, social work, child protection (including the prevention, identification, and treatment of child abuse and neglect), education, child care, and other relevant fields, and individuals such as court appointed special advocates and guardians ad litem, including education and training resources regarding— (A) the unique needs, experiences, and outcomes of youth overrepresented in youth residential programs; (B) the enhancement of interagency communication among child protective service agencies, protection and advocacy systems, State licensing agencies, State Medicaid agencies, and accreditation agencies; (C) best practices to eliminate the usage of physical, mechanical, and chemical restraint and seclusion, and to promote the use of positive behavioral interventions and supports, culturally and linguistically sensitive services, mental health supports, trauma- and grief-informed care, and crisis de-escalation interventions; and (D) the legal duties of such professional and paraprofessional personnel and youth residential program personnel and the responsibilities of such professionals and personnel to protect the legal rights of children in youth residential programs, consistent with applicable State and Federal law; (5) improve accessibility and development of community-based alternatives to youth residential programs; (6) provide recommendations for innovative programs designed to provide community support and resources to at-risk youth, including programs that— (A) support continuity of education, including removing barriers to access; (B) provide mentorship; (C) support the provision of crisis intervention services and in-home or outpatient mental health and substance use disorder treatment; and (D) provide other resources to families and parents or guardians that assist in preventing the need for out-of-home placement of youth in youth residential programs; (7) perform other activities, such as activities relating to development, dissemination, outreach, engagement, or training associated with advancing least-restrictive, evidence-based, trauma and grief-informed, and developmentally and culturally competent care for youth in youth residential programs and youth at risk of being placed in such programs; and (8) provide recommendations on best practices to convey Work Group recommendations to States.", "id": "ida90e213cc7634ddc915864c4a7e5d1b3", "header": "Duties", "nested": [], "links": [] } ], "links": [] }, { "text": "596A. Definitions \nIn this part: (1) Child abuse or neglect \nThe term child abuse or neglect has the meaning given such term in section 3 of the Child Abuse Prevention and Treatment Act. (2) Culturally competent \nThe term culturally competent has the meaning given such term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000. (3) Indian Tribe; Tribal organization \nThe terms Indian Tribe and Tribal organization have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act. (4) Protection and advocacy systems \nThe term protection and advocacy system means a system established by a State or Indian Tribe under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000. (5) State \nThe term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (6) Youth \nThe term youth means an individual who has not attained the age of 22. (7) Youth residential program \n(A) In general \nThe term youth residential program means each location of a facility or program operated by a public or private entity that, with respect to one or more youth who are unrelated to the owner or operator of the facility or program— (i) provides a residential environment, such as— (I) a program with a wilderness or outdoor experience, expedition, or intervention; (II) a boot camp experience or other experience designed to simulate characteristics of basic military training or correctional regimes; (III) an education or therapeutic boarding school; (IV) a behavioral modification program; (V) a residential treatment center or facility; (VI) a qualified residential treatment program (as defined in section 472(k)(4) of the Social Security Act); (VII) a psychiatric residential treatment program that meets the requirements of subpart D of part 441 of title 42, Code of Federal Regulations (or any successor regulations); (VIII) a group home serving children and youth placed by any placing authority; (IX) an intermediate care facility for individuals with intellectual disabilities; or (X) any residential program that is utilized as an alternative to incarceration for justice involved youth, adjudicated youth, or youth deemed delinquent; and (ii) serves youth who have a history or diagnosis of— (I) an emotional, behavioral, or mental health disorder; (II) a substance misuse or use disorder, including alcohol misuse or use disorders; or (III) an intellectual, developmental, physical, or sensory disability. (B) Exclusion \nThe term youth residential program does not include— (i) a hospital licensed by the State; or (ii) a foster family home that provides 24-hour substitute care for children placed away from their parents or guardians and for whom the State child welfare services agency has placement and care responsibility and that is licensed and regulated by the State as a foster family home.", "id": "id2a67c85221c4483987cead1bf01d0dc3", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. National Academies of Sciences, Engineering, and Medicine Study \n(a) In general \nNot later than 45 days after the date of enactment of this Act, the Secretary of Health and Human Services shall seek to enter into a contract with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the National Academies ) to conduct a study to examine the state of youth in youth residential programs and make recommendations. (b) Study components \nPursuant to the contract under subsection (a), the National Academies shall, not later than 3 years after the date of enactment of the Stop Institutional Child Abuse Act , issue a report informed by the study conducted under such subsection that includes— (1) identification of all Federal and State funding sources for youth residential programs; (2) identification of Federal data collection sources on youth in youth residential programs; (3) identification of existing Federal and State regulation of youth residential programs, including alternative licensing standards or licensing exemptions for youth residential programs; (4) identification of existing standards of care of national accreditation entities that provide accreditation or certification of youth residential programs; (5) identification of existing barriers in Federal and State policy for blending and braiding of Federal and State funding sources to serve youth in community-based settings; (6) recommendations for coordination by Federal and State agencies of data on youth in youth residential programs; and (7) recommendations for the improvement of Federal and State oversight of youth residential programs receiving Federal funding. (c) Definition \nIn this section, the term youth residential program has the meaning given such term in section 596A of the Public Health Service Act, as added by section 2.", "id": "id2705e10879d144e6b3e9df62b29a27ed", "header": "National Academies of Sciences, Engineering, and Medicine Study", "nested": [ { "text": "(a) In general \nNot later than 45 days after the date of enactment of this Act, the Secretary of Health and Human Services shall seek to enter into a contract with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the National Academies ) to conduct a study to examine the state of youth in youth residential programs and make recommendations.", "id": "id4099e295345247ad96345607dc1585fa", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Study components \nPursuant to the contract under subsection (a), the National Academies shall, not later than 3 years after the date of enactment of the Stop Institutional Child Abuse Act , issue a report informed by the study conducted under such subsection that includes— (1) identification of all Federal and State funding sources for youth residential programs; (2) identification of Federal data collection sources on youth in youth residential programs; (3) identification of existing Federal and State regulation of youth residential programs, including alternative licensing standards or licensing exemptions for youth residential programs; (4) identification of existing standards of care of national accreditation entities that provide accreditation or certification of youth residential programs; (5) identification of existing barriers in Federal and State policy for blending and braiding of Federal and State funding sources to serve youth in community-based settings; (6) recommendations for coordination by Federal and State agencies of data on youth in youth residential programs; and (7) recommendations for the improvement of Federal and State oversight of youth residential programs receiving Federal funding.", "id": "id9d4c55158f2f459e918c490472e2fb1b", "header": "Study components", "nested": [], "links": [] }, { "text": "(c) Definition \nIn this section, the term youth residential program has the meaning given such term in section 596A of the Public Health Service Act, as added by section 2.", "id": "id1b98e5222b3a4335b374464edf73131c", "header": "Definition", "nested": [], "links": [] } ], "links": [] } ]

[ "Advisory bodies", "Child safety and welfare", "Congressional oversight", "Domestic violence and child abuse", "Government information and archives", "Government studies and investigations", "Public contracts and procurement", "Public-private cooperation" ]

[ { "text": "1. Short title \nThis Act may be cited as the Saving the Civil Service Act.", "id": "id949910B4BA524AED909B68AE72733272", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Limitations on excepting positions from competitive service and transferring positions \n(a) Definitions \nIn this section— (1) the term agency means any department, agency, or instrumentality of the Federal Government; (2) the term competitive service has the meaning given the term in section 2102 of title 5, United States Code; (3) the term Director means the Director of the Office of Personnel Management; and (4) the term excepted service has the meaning given the term in section 2103 of title 5, United States Code. (b) Limitations \nA position in the competitive service may not be excepted from the competitive service unless that position is placed— (1) in any of schedules A through E, as described in section 6.2 of title 5, Code of Federal Regulations, as in effect on September 30, 2020; and (2) under the terms and conditions under part 6 of title 5, Code of Federal Regulations, as in effect on September 30, 2020. (c) Transfers \n(1) Within excepted service \nA position in the excepted service may not be transferred to any schedule other than a schedule described in subsection (b)(1). (2) OPM consent required \nAn agency may not transfer any occupied position from the competitive service or the excepted service into schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or any successor regulations, without the prior consent of the Director. (3) Limit during presidential term \nDuring any 4-year presidential term, an agency may not transfer from a position in the competitive service to a position in the excepted service the greater of the following: (A) A total number of employees that is more than 1 percent of the total number of employees employed by that agency, as of the first day of that presidential term. (B) 5 employees. (4) Employee consent required \nNotwithstanding any other provision of this section— (A) an employee who occupies a position in the excepted service may not be transferred to an excepted service schedule other than the schedule in which that position is located without the prior written consent of the employee; and (B) an employee who occupies a position in the competitive service may not be transferred to the excepted service without the prior written consent of the employee. (d) Other matters \n(1) Application \nNotwithstanding section 7425(b) of title 38, United States Code, this section shall apply to a position under chapter 73 or 74 of that title. (2) Report \nNot later than March 15 of each calendar year, the Director shall submit to Congress a report on the immediately preceding calendar year that lists— (A) each position that, during the year covered by the report, was transferred from the competitive service to the excepted service and a justification as to why each such position was so transferred; and (B) any violation of this section that occurred during the year covered by the report. (e) Regulations \nNot later than 90 days after the date of enactment of this Act, the Director shall issue regulations to implement this section.", "id": "HC8808302347C", "header": "Limitations on excepting positions from competitive service and transferring positions", "nested": [ { "text": "(a) Definitions \nIn this section— (1) the term agency means any department, agency, or instrumentality of the Federal Government; (2) the term competitive service has the meaning given the term in section 2102 of title 5, United States Code; (3) the term Director means the Director of the Office of Personnel Management; and (4) the term excepted service has the meaning given the term in section 2103 of title 5, United States Code.", "id": "H70D4A6B0009C48E9B00E794E5BDB6ACA", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Limitations \nA position in the competitive service may not be excepted from the competitive service unless that position is placed— (1) in any of schedules A through E, as described in section 6.2 of title 5, Code of Federal Regulations, as in effect on September 30, 2020; and (2) under the terms and conditions under part 6 of title 5, Code of Federal Regulations, as in effect on September 30, 2020.", "id": "H986D7E04E9154A3DA3A954BAD1107994", "header": "Limitations", "nested": [], "links": [] }, { "text": "(c) Transfers \n(1) Within excepted service \nA position in the excepted service may not be transferred to any schedule other than a schedule described in subsection (b)(1). (2) OPM consent required \nAn agency may not transfer any occupied position from the competitive service or the excepted service into schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or any successor regulations, without the prior consent of the Director. (3) Limit during presidential term \nDuring any 4-year presidential term, an agency may not transfer from a position in the competitive service to a position in the excepted service the greater of the following: (A) A total number of employees that is more than 1 percent of the total number of employees employed by that agency, as of the first day of that presidential term. (B) 5 employees. (4) Employee consent required \nNotwithstanding any other provision of this section— (A) an employee who occupies a position in the excepted service may not be transferred to an excepted service schedule other than the schedule in which that position is located without the prior written consent of the employee; and (B) an employee who occupies a position in the competitive service may not be transferred to the excepted service without the prior written consent of the employee.", "id": "HD1F45449FEC54C759E4CCD2B58B48AAA", "header": "Transfers", "nested": [], "links": [] }, { "text": "(d) Other matters \n(1) Application \nNotwithstanding section 7425(b) of title 38, United States Code, this section shall apply to a position under chapter 73 or 74 of that title. (2) Report \nNot later than March 15 of each calendar year, the Director shall submit to Congress a report on the immediately preceding calendar year that lists— (A) each position that, during the year covered by the report, was transferred from the competitive service to the excepted service and a justification as to why each such position was so transferred; and (B) any violation of this section that occurred during the year covered by the report.", "id": "H6C654605F0574B0286D18B56660387F4", "header": "Other matters", "nested": [], "links": [] }, { "text": "(e) Regulations \nNot later than 90 days after the date of enactment of this Act, the Director shall issue regulations to implement this section.", "id": "HCF5015DB3AA3428198FE183050D1F08D", "header": "Regulations", "nested": [], "links": [] } ], "links": [] } ]

[ "Congressional oversight", "Federal officials", "Government employee pay, benefits, personnel management" ]

[ { "text": "1. District judgeship for the district of Idaho \n(a) In general \nThe President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the district of Idaho. (b) Technical and conforming amendment \nThe table in section 133(a) of title 28, United States Code, is amended by striking the item relating to Idaho and inserting the following: Idaho 3.", "id": "HDB57D718B3F9400F8AEC67D20584D87C", "header": "District judgeship for the district of Idaho", "nested": [ { "text": "(a) In general \nThe President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the district of Idaho.", "id": "HDA9E05BFC02B4B359C5882F20DAEE7FB", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Technical and conforming amendment \nThe table in section 133(a) of title 28, United States Code, is amended by striking the item relating to Idaho and inserting the following: Idaho 3.", "id": "HE14B36AA217A4E18B85F4CDA8132530B", "header": "Technical and conforming amendment", "nested": [], "links": [] } ], "links": [] } ]

[ "Federal district courts", "Idaho", "Judges" ]

[ { "text": "1. Short title \nThis Act may be cited as the Disclosing Foreign Influence in Lobbying Act.", "id": "id8e966649dfe04ccd8bc86dc81f8db2cf", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Clarification of contents of registration \nSection 4(b) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603(b) ) is amended— (1) in paragraph (6), by striking and at the end; and (2) in paragraph (7), by striking the offense. and inserting the following: the offense; and (8) notwithstanding paragraph (4), the name and address of each government of a foreign country (including any agency or subdivision of a government of a foreign country, such as a regional or municipal unit of government) and foreign political party, other than the client, that participates in the direction, planning, supervision, or control of any lobbying activities of the registrant..", "id": "idEC3C30455FBA440DB3132A45A5E8F736", "header": "Clarification of contents of registration", "nested": [], "links": [ { "text": "2 U.S.C. 1603(b)", "legal-doc": "usc", "parsable-cite": "usc/2/1603" } ] } ]

[ "Government information and archives", "Licensing and registrations", "Public participation and lobbying" ]

[ { "text": "1. Short title \nThis Act may be cited as the Targeting Emotional and Mental Stability Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. College athlete mental health \nSection 520E–2 of the Public Health Service Act ( 42 U.S.C. 290bb–36b ) is amended— (1) in subsection (b), by adding at the end the following: (13) Carrying out one or more school-based programs to address mental health disorders among the college athlete population, including providing access to— (A) mental health care services for college athletes, including real-time counseling and telehealth services; (B) peer-to-peer counseling; (C) existing crisis lifeline services, including the 988 Suicide and Crisis Lifeline; (D) training for students, faculty, athletic coaches, and staff to respond effectively to students exhibiting signs of mental distress or substance use disorder; or (E) campus-wide education initiatives to address the stigma associated with mental health issues among college athletes. ; and (2) in subsection (d), by adding at the end the following: (9) For an institution of higher education proposing to use the grant for an activity described in paragraph (13) of subsection (b), a letter of support from the athletics department of the institution of higher education..", "id": "ideaa59d392e7c4933bd3bc55d3af1e6a7", "header": "College athlete mental health", "nested": [], "links": [ { "text": "42 U.S.C. 290bb–36b", "legal-doc": "usc", "parsable-cite": "usc/42/290bb-36b" } ] } ]

[ "Athletes", "Education programs funding", "Health programs administration and funding", "Higher education", "Mental health", "School athletics" ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Language-Inclusive Support and Transparency for Online Services Act of 2023 or the LISTOS Act. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Sense of Congress. Sec. 3. Duty to ensure consistent enforcement. Sec. 4. Disclosures on staffing and automated processes. Sec. 5. Consistent access to tools and documentation. Sec. 6. Advisory Group. Sec. 7. Enforcement. Sec. 8. Regulations. Sec. 9. Effective dates. Sec. 10. International online communication research activities pilot program. Sec. 11. Definitions.", "id": "S1", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Language-Inclusive Support and Transparency for Online Services Act of 2023 or the LISTOS Act.", "id": "idDF1BB6B4215245C28B75396AEADF3952", "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. Sense of Congress. Sec. 3. Duty to ensure consistent enforcement. Sec. 4. Disclosures on staffing and automated processes. Sec. 5. Consistent access to tools and documentation. Sec. 6. Advisory Group. Sec. 7. Enforcement. Sec. 8. Regulations. Sec. 9. Effective dates. Sec. 10. International online communication research activities pilot program. Sec. 11. Definitions.", "id": "id3201801BAE06498EA7DDB67D578FF735", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Sense of Congress \nIt is the sense of Congress that— (1) substantial and deliberate investments across languages are essential to protect the safety of users online and ensure equitable access to digital spaces; (2) online platforms have historically under-invested in ensuring non-English content moderation and automated content detection and filtering processes keep pace with their English counterparts, providing little transparency into the efficacy of efforts to detect, review, and remove content that violates laws or platform policies across languages; (3) this difference in enforcement for platforms' existing policies and uneven moderation practices across both manual and automated processes has increased the proliferation of illegal and harmful content across many languages and the deliberate targeting of non-English-speaking communities for fraud and harassment; and (4) any reform effort for online platform safety must ensure equitable investment across languages in order to promote economic opportunity, public health, and civil rights.", "id": "id58B2A6340B204412ADF548E334AE2B2A", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "3. Duty to ensure consistent enforcement \n(a) In general \nThe operator of a covered platform shall provide that processes used by the platform for detecting, suppressing, and removing illegal content, or content that otherwise violates platform policies, are reasonably consistent for languages in which the covered platform engages in monetization practices. (b) Considerations \nAny entity enforcing or promulgating rules under subsection (a) shall take into consideration factors that may impact the covered platform's ability to enforce its policies with respect to content in a given language, including staffing levels and language proficiency, or the effectiveness of automated systems designed to filter or flag content for additional review. (c) Rule of construction; limitation on regulation \nNothing in this section shall be construed to require, and no regulation issued by the Commission to carry out this section may require, that a covered platform take any particular action on a specific piece of content or class of content.", "id": "iddb7dfcba8c78424aa8eeeff99ad493bb", "header": "Duty to ensure consistent enforcement", "nested": [ { "text": "(a) In general \nThe operator of a covered platform shall provide that processes used by the platform for detecting, suppressing, and removing illegal content, or content that otherwise violates platform policies, are reasonably consistent for languages in which the covered platform engages in monetization practices.", "id": "idb5cf6337dde7453e9b43fefa78d7ecd8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Considerations \nAny entity enforcing or promulgating rules under subsection (a) shall take into consideration factors that may impact the covered platform's ability to enforce its policies with respect to content in a given language, including staffing levels and language proficiency, or the effectiveness of automated systems designed to filter or flag content for additional review.", "id": "iddf4390495ebd4fd7980c42a316ca1257", "header": "Considerations", "nested": [], "links": [] }, { "text": "(c) Rule of construction; limitation on regulation \nNothing in this section shall be construed to require, and no regulation issued by the Commission to carry out this section may require, that a covered platform take any particular action on a specific piece of content or class of content.", "id": "id9c86670bedca4d37b45395c9c1581543", "header": "Rule of construction; limitation on regulation", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Disclosures on staffing and automated processes \n(a) In general \nThe operator of a covered platform shall, not less than annually, submit to the Commission and make available to the public, in a machine-readable format, a clear and easily comprehensible report on any manual and algorithmic content moderation that the covered platform engaged in during the relevant period. Each such report shall be in compliance with the rules established under subsection (b). (b) Rules \nThe Commission shall, in accordance with section 8, establish rules for reports under subsection (a). Such rules shall require that a report include the following information: (1) Content moderation staffing \n(A) In general \nThe number of staff employed by the covered platform (whether directly employed by the platform or contracted through a third party) for the purposes of manually reviewing content for removal or other interventions, in aggregate and broken down by— (i) the countries in which the employees are located; (ii) the geographic or regional area to which the employees are assigned; and (iii) languages spoken by the employees relevant to their employment and their levels of language proficiency. (B) Staff support \nA description of the training and support provided to content moderation staff, including— (i) the training processes and guidelines provided; (ii) the support services, such as mental health services, available to the employee; and (iii) if training or support services differ by factors such as geographic region, languages spoken, or direct-hire versus contracted employees, descriptions and breakdowns of such differences. (2) Automated content detection and decision-making processes \nIf the covered platform elects to use algorithmic processes to detect content for additional manual review or automated decision-making for content moderation, information on such processes, including— (A) performance metrics that are monitored to ensure consistent behavior for such processes across languages and the languages that are monitored; and (B) other safeguards in place to ensure consistent behavior of such systems across languages. (3) Monetization across languages \nThe list of languages in which the covered platform engages in monetization practices and the percentage breakdown by language of the covered platform's revenue throughout the duration of the relevant reporting period. (4) In-language review \nOf all content that is manually reviewed by staff, provide information on content that is reviewed in the original language used to create the content rather than being subject to automated translation before review, including— (A) the percentage of content reviewed in the original language for each language in which the covered platform engages in monetization practices; and (B) a description of the policies governing whether and to what extent content will be manually reviewed in the original language or automatically translated prior to manual review. (5) Translation and review processes \nWith respect to the content review practices of the covered platform— (A) the list of languages in which content is reviewed without translation; and (B) for languages in which automated translation is applied prior to manual review, a description of— (i) the process by which content is translated; and (ii) the process by which that content is reviewed and how, if at all, that process differs from the process used to review content in the original language. (6) Content moderation outcome measures \n(A) Number of content takedowns \nThe number of content takedowns over the relevant reporting period for each language in which the covered platform engages in monetization practices. (B) Response time \nThe average response time to user-initiated takedown or content review requests over the relevant reporting period for each language in which the covered platform engages in monetization practices. (7) Additional information \nOther information determined appropriate by the Commission, including additional categories or criteria relevant to the information described in paragraphs (1), (2), and (4).", "id": "id43D747071E1C4C958582ED783BEE67D8", "header": "Disclosures on staffing and automated processes", "nested": [ { "text": "(a) In general \nThe operator of a covered platform shall, not less than annually, submit to the Commission and make available to the public, in a machine-readable format, a clear and easily comprehensible report on any manual and algorithmic content moderation that the covered platform engaged in during the relevant period. Each such report shall be in compliance with the rules established under subsection (b).", "id": "idE6EADED7035C4D94B64D5EC6159B7CD9", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Rules \nThe Commission shall, in accordance with section 8, establish rules for reports under subsection (a). Such rules shall require that a report include the following information: (1) Content moderation staffing \n(A) In general \nThe number of staff employed by the covered platform (whether directly employed by the platform or contracted through a third party) for the purposes of manually reviewing content for removal or other interventions, in aggregate and broken down by— (i) the countries in which the employees are located; (ii) the geographic or regional area to which the employees are assigned; and (iii) languages spoken by the employees relevant to their employment and their levels of language proficiency. (B) Staff support \nA description of the training and support provided to content moderation staff, including— (i) the training processes and guidelines provided; (ii) the support services, such as mental health services, available to the employee; and (iii) if training or support services differ by factors such as geographic region, languages spoken, or direct-hire versus contracted employees, descriptions and breakdowns of such differences. (2) Automated content detection and decision-making processes \nIf the covered platform elects to use algorithmic processes to detect content for additional manual review or automated decision-making for content moderation, information on such processes, including— (A) performance metrics that are monitored to ensure consistent behavior for such processes across languages and the languages that are monitored; and (B) other safeguards in place to ensure consistent behavior of such systems across languages. (3) Monetization across languages \nThe list of languages in which the covered platform engages in monetization practices and the percentage breakdown by language of the covered platform's revenue throughout the duration of the relevant reporting period. (4) In-language review \nOf all content that is manually reviewed by staff, provide information on content that is reviewed in the original language used to create the content rather than being subject to automated translation before review, including— (A) the percentage of content reviewed in the original language for each language in which the covered platform engages in monetization practices; and (B) a description of the policies governing whether and to what extent content will be manually reviewed in the original language or automatically translated prior to manual review. (5) Translation and review processes \nWith respect to the content review practices of the covered platform— (A) the list of languages in which content is reviewed without translation; and (B) for languages in which automated translation is applied prior to manual review, a description of— (i) the process by which content is translated; and (ii) the process by which that content is reviewed and how, if at all, that process differs from the process used to review content in the original language. (6) Content moderation outcome measures \n(A) Number of content takedowns \nThe number of content takedowns over the relevant reporting period for each language in which the covered platform engages in monetization practices. (B) Response time \nThe average response time to user-initiated takedown or content review requests over the relevant reporting period for each language in which the covered platform engages in monetization practices. (7) Additional information \nOther information determined appropriate by the Commission, including additional categories or criteria relevant to the information described in paragraphs (1), (2), and (4).", "id": "idE7E07AB713264EFF968AFEFCE439C6F2", "header": "Rules", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Consistent access to tools and documentation \nThe operator of a covered platform shall— (1) provide that all user tools for reporting content for review or automated action are accessible across all languages in which the covered platform offers its service; and (2) post all platform policies and other information concerning acceptable use of the covered platform in the same manner for all languages in which the platform offers its service.", "id": "idE3143F23710C4FFEA35FF534EF8BC963", "header": "Consistent access to tools and documentation", "nested": [], "links": [] }, { "text": "6. Advisory Group \n(a) Establishment \nNot later than 360 days after the date of enactment of this Act, the Commission shall establish a group to be known as the Advisory Group on Language-Sensitive Technologies (referred to in this section as the Advisory Group ). (b) Duties \n(1) In general \nThe Advisory Group shall provide consensus advice and guidance to the Commission on best practices for private enterprises or public entities using covered technology that may have different performance outcomes depending on the underlying language of the content being analyzed in order to ensure the nondiscriminatory application of such technology. (2) Covered technology \nFor purposes of paragraph (1), the term covered technology means technology used to— (A) detect and process input language from sources, such as analog text and audio, into a machine-readable format, such as speech and optical character recognition; (B) process or generate language stored in a machine-readable format, such as natural language processing, including large language models; (C) detect and process images and videos into a machine-readable format, or process images or videos stored in a machine-readable format; and (D) make automated decisions related to content removal, ranking, or presentation to a user of an online platform. (3) Membership \nThe Commission shall appoint the members of the Advisory Group. In making such appointments, the Commission shall provide that the membership of the Advisory Group— (A) includes different points of view and background experience; and (B) includes both Federal employees and non-Federal employee stakeholders, including representatives of communities most impacted by the systemic risks of harmful non-English language content and current or former content moderators and employees of covered platforms. (4) Report \nThe Commission shall make available on its website the findings of the Advisory Group with recommendations and best practices as reported by the Advisory Group concerning the use of covered technology. (c) Non-Applicability of the Federal Advisory Committee Act \nChapter 10 of title 5, United States Code, shall not apply to the Advisory Group. (d) Authorization of appropriations \nThere is authorized to be appropriated to the Advisory Group such sums as are necessary to carry out the requirements of this section.", "id": "id2990C9AF9DD34858A103105A8050103D", "header": "Advisory Group", "nested": [ { "text": "(a) Establishment \nNot later than 360 days after the date of enactment of this Act, the Commission shall establish a group to be known as the Advisory Group on Language-Sensitive Technologies (referred to in this section as the Advisory Group ).", "id": "id1e29236ad41a4816be6165773da318e8", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Duties \n(1) In general \nThe Advisory Group shall provide consensus advice and guidance to the Commission on best practices for private enterprises or public entities using covered technology that may have different performance outcomes depending on the underlying language of the content being analyzed in order to ensure the nondiscriminatory application of such technology. (2) Covered technology \nFor purposes of paragraph (1), the term covered technology means technology used to— (A) detect and process input language from sources, such as analog text and audio, into a machine-readable format, such as speech and optical character recognition; (B) process or generate language stored in a machine-readable format, such as natural language processing, including large language models; (C) detect and process images and videos into a machine-readable format, or process images or videos stored in a machine-readable format; and (D) make automated decisions related to content removal, ranking, or presentation to a user of an online platform. (3) Membership \nThe Commission shall appoint the members of the Advisory Group. In making such appointments, the Commission shall provide that the membership of the Advisory Group— (A) includes different points of view and background experience; and (B) includes both Federal employees and non-Federal employee stakeholders, including representatives of communities most impacted by the systemic risks of harmful non-English language content and current or former content moderators and employees of covered platforms. (4) Report \nThe Commission shall make available on its website the findings of the Advisory Group with recommendations and best practices as reported by the Advisory Group concerning the use of covered technology.", "id": "idaf411754fbe340f4af85b7d369598329", "header": "Duties", "nested": [], "links": [] }, { "text": "(c) Non-Applicability of the Federal Advisory Committee Act \nChapter 10 of title 5, United States Code, shall not apply to the Advisory Group.", "id": "IDC0F48F3EB7C340C9BB05BD65FEBEFDFD", "header": "Non-Applicability of the Federal Advisory Committee Act", "nested": [], "links": [ { "text": "Chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" } ] }, { "text": "(d) Authorization of appropriations \nThere is authorized to be appropriated to the Advisory Group such sums as are necessary to carry out the requirements of this section.", "id": "idF3194ABA5B6747DC97F0131C325920DB", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" } ] }, { "text": "7. Enforcement \n(a) Enforcement by the Federal Trade Commission \n(1) Unfair or deceptive acts or practices \nA violation of section 3, 4, or 5 shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of Commission \n(A) In general \nThe Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (B) Privileges and immunities \nAny person who violates section 3, 4, or 5 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (C) Authority preserved \nNothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (b) Enforcement by States \n(1) In general \nIn any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to section 3 or 5 in a practice that violates such section, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States— (A) to enjoin further violation of such section by such person; (B) to compel compliance with such section; and (C) to obtain damages, restitution, or other compensation on behalf of such residents. (2) Scope of jurisdiction \nThe attorney general of a State may not bring a civil action under this subsection against a person for a violation of section 3 or 5 if the Commission would not be able to bring an enforcement action against the person for such violation under subsection (a) because the person is exempt from coverage under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (3) Rights of Federal Trade Commission \n(A) Notice to Federal Trade Commission \n(i) In general \nExcept as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action. (ii) Contents \nThe notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception \nIf it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by Federal Trade Commission \nThe Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal. (4) Investigatory powers \nNothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (5) Preemptive action by Federal Trade Commission \nIf the Commission institutes a civil action or an administrative action with respect to a violation of section 3 or 5, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (6) Venue; service of process \n(A) Venue \nAny action brought under paragraph (1) may be brought in— (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process \nIn an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (7) Actions by other State officials \n(A) In general \nIn addition to civil actions brought by attorneys general under paragraph (1), any other consumer protection officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision \nNothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State.", "id": "id1C443A575FAA4745B3FF83D3829D5EA6", "header": "Enforcement", "nested": [ { "text": "(a) Enforcement by the Federal Trade Commission \n(1) Unfair or deceptive acts or practices \nA violation of section 3, 4, or 5 shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of Commission \n(A) In general \nThe Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (B) Privileges and immunities \nAny person who violates section 3, 4, or 5 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (C) Authority preserved \nNothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.", "id": "idb31b34d4-b455-4123-a1cf-9b3eda436c8c", "header": "Enforcement by the Federal Trade Commission", "nested": [], "links": [ { "text": "15 U.S.C. 57a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" } ] }, { "text": "(b) Enforcement by States \n(1) In general \nIn any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to section 3 or 5 in a practice that violates such section, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States— (A) to enjoin further violation of such section by such person; (B) to compel compliance with such section; and (C) to obtain damages, restitution, or other compensation on behalf of such residents. (2) Scope of jurisdiction \nThe attorney general of a State may not bring a civil action under this subsection against a person for a violation of section 3 or 5 if the Commission would not be able to bring an enforcement action against the person for such violation under subsection (a) because the person is exempt from coverage under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (3) Rights of Federal Trade Commission \n(A) Notice to Federal Trade Commission \n(i) In general \nExcept as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action. (ii) Contents \nThe notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception \nIf it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by Federal Trade Commission \nThe Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal. (4) Investigatory powers \nNothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (5) Preemptive action by Federal Trade Commission \nIf the Commission institutes a civil action or an administrative action with respect to a violation of section 3 or 5, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (6) Venue; service of process \n(A) Venue \nAny action brought under paragraph (1) may be brought in— (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process \nIn an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (7) Actions by other State officials \n(A) In general \nIn addition to civil actions brought by attorneys general under paragraph (1), any other consumer protection officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision \nNothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State.", "id": "id342a978d-e8d3-4ed4-9158-aefda3b8e579", "header": "Enforcement by States", "nested": [], "links": [ { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" } ] } ], "links": [ { "text": "15 U.S.C. 57a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" } ] }, { "text": "8. Regulations \n(a) In general \nThe Commission shall, pursuant to section 553 of title 5, United States Code promulgate— (1) regulations to carry out the provisions of sections 3 and 4; and (2) such other regulations as the Commission determines necessary to carry out the provisions of this Act. (b) Timing \nThe Commission shall begin the rulemaking process for promulgating regulations to carry out the provisions of sections 3 and 4 not later than 120 days after the date of enactment of this Act.", "id": "idA6F9EA6D222644E28B09DEE5EC1C5C93", "header": "Regulations", "nested": [ { "text": "(a) In general \nThe Commission shall, pursuant to section 553 of title 5, United States Code promulgate— (1) regulations to carry out the provisions of sections 3 and 4; and (2) such other regulations as the Commission determines necessary to carry out the provisions of this Act.", "id": "id878A06CBD9DF40C586BD4C44CD131729", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Timing \nThe Commission shall begin the rulemaking process for promulgating regulations to carry out the provisions of sections 3 and 4 not later than 120 days after the date of enactment of this Act.", "id": "id0F22D457050A4433BAD67708D971CCDB", "header": "Timing", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Effective dates \nThe requirements of sections 3 and 4 shall take effect 120 days after the promulgation by the Commission of regulations to carry out such sections, and the requirements of section 5 shall take effect 120 days after the date of enactment of this Act.", "id": "id9394A748419B4514BD36447498E8719B", "header": "Effective dates", "nested": [], "links": [] }, { "text": "10. International online communication research activities pilot program \n(a) In general \nThe Administrator of the United States Agency for International Development (referred to in this section as USAID ) shall, in coordination with the Secretary of State, evaluate and prioritize support to select countries, from among the countries eligible for assistance from USAID, for research and programming, such as tool development, civil society capacity building, and other activities, aimed at addressing the prevalence and impacts of non-English online communication that— (1) promotes hate, harassment, or abuse of racial, ethnic, gender, religious, or sexual minorities; (2) incites violence; or (3) is false, misleading, or intended to harm— (A) targeted individuals; (B) public health; (C) democratic integrity; (D) civil rights; (E) humanitarian response; (F) economic integrity; or (G) public safety. (b) Authorized activities \n(1) In general \nIn carrying out subsection (a), the Administrator may— (A) build lexicons of terms and phrases commonly used in communications described in subsection (a); (B) identify and improve the understanding of how real or falsified text, videos, or imagery are being used to spread hate, abuse, scams, fraud, and false or misleading information in non-English languages; (C) strengthen the capacities of civil society, local private sector, academia, and governments to develop and implement activities focused on preventing, mitigating, or responding to non-English online communication that is hateful, abusive, fraudulent, false, or misleading; and (D) improve awareness and the abilities of the civil society and governments of countries that receive support under subsection (a) to discover and interpret non-English online communication that is hateful, abusive, fraudulent, false, or misleading that— (i) is perpetuated or sponsored by malign actors or extremist organizations; (ii) is influenced, regulated, or moderated by governments, social media companies, and internet service providers; (iii) is perceived by, or impacts the target or other consumers of online communications or specific communities; and (iv) leads to economic, mental, physical, or other harms at the individual, household, organization, or community levels. (2) Locally led requirement \nRecipients of not less than 50 percent of the amounts appropriated pursuant to subsection (d) shall substantially engage with organizations led by individuals who— (A) are living in a place from which communication described in subsection (a) originates or to which such communication is targeted; (B) are familiar with the cultural context in such a place; and (C) have experience researching or working to address such digital or online communication. (3) Intersectionality requirement \nResearch funded by amounts appropriated pursuant to subsection (d) shall focus on better understanding how online communication that is hateful or abusive, incites violence, violates relevant data privacy laws, divulges personal information, or involves false or misleading information has a disparate impact on people who are members of racial, ethnic, gender, religious, or sexual minorities in their communities, including women, indigenous populations, and people who identify as lesbian, gay, bisexual, transgender, queer, intersex, or as another sexual minority. (c) Reporting requirement \n(1) In general \nNot later than 120 days after all of the programs receiving funding appropriated pursuant to subsection (d) are terminated, the Administrator of the United States Agency for International Development shall provide a briefing, and submit a report, to the Committee on Foreign Relations of the Senate , the Committee on Commerce, Science, and Transportation of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Energy and Commerce of the House of Representatives describing the findings of the research conducted by such programs and the outcomes of the activities carried out by such programs. (2) Public availability \nThe report required under paragraph (1) shall be made publicly available on a text-based and searchable internet website. (d) Authorization of appropriations \nThere is authorized to be appropriated $3,000,000 in each of the fiscal years 2024 and 2025 to carry out this section.", "id": "id3d02f2af12f24d458e52039c58447389", "header": "International online communication research activities pilot program", "nested": [ { "text": "(a) In general \nThe Administrator of the United States Agency for International Development (referred to in this section as USAID ) shall, in coordination with the Secretary of State, evaluate and prioritize support to select countries, from among the countries eligible for assistance from USAID, for research and programming, such as tool development, civil society capacity building, and other activities, aimed at addressing the prevalence and impacts of non-English online communication that— (1) promotes hate, harassment, or abuse of racial, ethnic, gender, religious, or sexual minorities; (2) incites violence; or (3) is false, misleading, or intended to harm— (A) targeted individuals; (B) public health; (C) democratic integrity; (D) civil rights; (E) humanitarian response; (F) economic integrity; or (G) public safety.", "id": "idf6f91143578c4958bdc23f4bd12dbe80", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Authorized activities \n(1) In general \nIn carrying out subsection (a), the Administrator may— (A) build lexicons of terms and phrases commonly used in communications described in subsection (a); (B) identify and improve the understanding of how real or falsified text, videos, or imagery are being used to spread hate, abuse, scams, fraud, and false or misleading information in non-English languages; (C) strengthen the capacities of civil society, local private sector, academia, and governments to develop and implement activities focused on preventing, mitigating, or responding to non-English online communication that is hateful, abusive, fraudulent, false, or misleading; and (D) improve awareness and the abilities of the civil society and governments of countries that receive support under subsection (a) to discover and interpret non-English online communication that is hateful, abusive, fraudulent, false, or misleading that— (i) is perpetuated or sponsored by malign actors or extremist organizations; (ii) is influenced, regulated, or moderated by governments, social media companies, and internet service providers; (iii) is perceived by, or impacts the target or other consumers of online communications or specific communities; and (iv) leads to economic, mental, physical, or other harms at the individual, household, organization, or community levels. (2) Locally led requirement \nRecipients of not less than 50 percent of the amounts appropriated pursuant to subsection (d) shall substantially engage with organizations led by individuals who— (A) are living in a place from which communication described in subsection (a) originates or to which such communication is targeted; (B) are familiar with the cultural context in such a place; and (C) have experience researching or working to address such digital or online communication. (3) Intersectionality requirement \nResearch funded by amounts appropriated pursuant to subsection (d) shall focus on better understanding how online communication that is hateful or abusive, incites violence, violates relevant data privacy laws, divulges personal information, or involves false or misleading information has a disparate impact on people who are members of racial, ethnic, gender, religious, or sexual minorities in their communities, including women, indigenous populations, and people who identify as lesbian, gay, bisexual, transgender, queer, intersex, or as another sexual minority.", "id": "iddc3c9aa9128848c7b4c392f722541165", "header": "Authorized activities", "nested": [], "links": [] }, { "text": "(c) Reporting requirement \n(1) In general \nNot later than 120 days after all of the programs receiving funding appropriated pursuant to subsection (d) are terminated, the Administrator of the United States Agency for International Development shall provide a briefing, and submit a report, to the Committee on Foreign Relations of the Senate , the Committee on Commerce, Science, and Transportation of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Energy and Commerce of the House of Representatives describing the findings of the research conducted by such programs and the outcomes of the activities carried out by such programs. (2) Public availability \nThe report required under paragraph (1) shall be made publicly available on a text-based and searchable internet website.", "id": "id965037b5ec444a0fbf558d4cec283cf8", "header": "Reporting requirement", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nThere is authorized to be appropriated $3,000,000 in each of the fiscal years 2024 and 2025 to carry out this section.", "id": "id98f6311b23e144b9862a1a55579df06c", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "11. Definitions \nIn this Act: (1) Commission \nThe term Commission means the Federal Trade Commission. (2) Covered platform \nThe term covered platform means a website, internet application, or mobile internet application that— (A) allows users to create, share, view, or search for and access user-generated or third-party content, including a social media platform, online search engine, and a service with direct or group messaging capabilities; and (B) has had at least 10,000,000 monthly active users for 3 or more of the past 12 months within the United States. (3) Monetization practices \nThe term monetization practices means any avenues through which a covered platform might garner revenue, including accepting monetary, in-kind, or other compensation— (A) in exchange for displaying or amplifying specific content; or (B) from businesses or other entities to utilize the covered platform as a means to find, charge, or communicate with customers. (4) Platform policies \nThe term platform policies means any terms, conditions, and clauses, regardless of their name or form, which govern the contractual relationship between a covered platform and a user, or any community guidelines that a covered platform maintains that govern conduct on the covered platform.", "id": "id8552e8fdeea84bcfb8835c046505f9b8", "header": "Definitions", "nested": [], "links": [] } ]

[ "Advisory bodies", "Business records", "Civil actions and liability", "Computer security and identity theft", "Computers and information technology", "Consumer affairs", "Criminal investigation, prosecution, interrogation", "Evidence and witnesses", "Fraud offenses and financial crimes", "Intergovernmental relations", "Internet, web applications, social media", "Jurisdiction and venue", "State and local government operations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Handgun Permit to Purchase Act.", "id": "H7A32DD13A4BA4DDB8EE872CD98E25775", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds as follows: (1) In 2020, 59 percent of firearm homicides in the United States for which a firearm type was specified were committed with a handgun. (2) Research by top national experts show that— (A) adoption of handgun purchaser licensing laws are associated with significant reductions in firearm-related homicides; and (B) repeal of handgun purchaser licensing laws are associated with significant increases in firearm-related homicides. (3) Research on the effects of the adoption of a handgun purchaser licensing law in Connecticut in 1995 showed— (A) a 27.8-percent reduction in the rate of firearm homicide; and (B) a 32.8-percent reduction in firearm suicide rates. (4) Published research has shown that the repeal of a handgun purchaser licensing law in Missouri in 2007 was associated with— (A) a 47.3-percent increase in the rate of firearm homicide; and (B) a 23.5-percent increase in firearm suicide rates. (5) In States that have had effective handgun purchaser licensing laws for decades, such as Connecticut, Massachusetts, New Jersey, and New York, the vast majority of firearms traced to crimes originated in States that do not have handgun purchaser licensing laws, which supports the need for handgun purchaser licensing laws in every State. (6) Research has shown that States with handgun purchaser licensing laws export far fewer firearms for criminal use in other States than States that lack handgun purchaser licensing laws.", "id": "HC4EED3A1E27E4264B824F6A8AE6808F0", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Grant program authorized for handgun licensing \n(a) In general \nTitle I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ) is amended by adding at the end the following: PP Handgun licensing grant program \n3061. Definition \nIn this part, the term handgun has the meaning given the term in section 921(a) of title 18, United States Code. 3062. Grant program \n(a) In general \nThe Attorney General may award grants to States, units of local government, and Indian tribes for the development, implementation, and evaluation of handgun purchaser licensing requirements. (b) Program authorized \nFrom the amounts appropriated to carry out this part, and not later than 90 days after such amounts are appropriated, the Attorney General shall award grants, on a competitive basis, to eligible applicants whose applications are approved under subsection (c) to assist such applicants in implementing and improving handgun purchaser licensing programs. (c) Application \nTo be eligible to receive a grant under this part, a State, unit of local government, or Indian tribe shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require, including— (1) a description of the law that the applicant has enacted to require a license for any purchase of a handgun, including a description of any exemptions to such law; and (2) a description of how the applicant will use the grant to carry out or improve its handgun purchaser licensing program. (d) Eligibility requirements \nTo be eligible for a grant under this part, an applicant shall have in effect a handgun purchaser licensing law that includes the following requirements: (1) With respect to an individual applying for a handgun license or permit— (A) the individual shall be— (i) not less than 21 years old; and (ii) a citizen or national of the United States or an alien lawfully admitted for permanent residence (as those terms are defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) )); (B) the individual shall apply for the handgun purchaser license or permit at a law enforcement agency in the State in which the individual resides; (C) the individual shall reapply for the handgun purchaser license or permit after a period not longer than 5 years; and (D) the individual shall, in connection with the application for the handgun purchaser license or permit— (i) submit to a background investigation and a criminal history check, as established by the State, which shall ensure, at a minimum, that the individual is not prohibited from possessing a firearm under section 922(g) of title 18, United States Code; and (ii) submit fingerprints and photographs. (2) An individual who is prohibited from possessing a firearm under section 922(g) of title 18, United States Code, may not be issued a handgun purchasing license or permit. (e) Use of funds \nGrant funds awarded under this part shall be used to improve the handgun purchaser licensing program of the grant recipient.. (b) Authorization of appropriations \nSection 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10261(a) ) is amended by adding at the end the following: (29) There are authorized to be appropriated such sums as may be necessary to carry out part PP..", "id": "id9A7B5E2C84BB4110A0322F6169FBC2DB", "header": "Grant program authorized for handgun licensing", "nested": [ { "text": "(a) In general \nTitle I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ) is amended by adding at the end the following: PP Handgun licensing grant program \n3061. Definition \nIn this part, the term handgun has the meaning given the term in section 921(a) of title 18, United States Code. 3062. Grant program \n(a) In general \nThe Attorney General may award grants to States, units of local government, and Indian tribes for the development, implementation, and evaluation of handgun purchaser licensing requirements. (b) Program authorized \nFrom the amounts appropriated to carry out this part, and not later than 90 days after such amounts are appropriated, the Attorney General shall award grants, on a competitive basis, to eligible applicants whose applications are approved under subsection (c) to assist such applicants in implementing and improving handgun purchaser licensing programs. (c) Application \nTo be eligible to receive a grant under this part, a State, unit of local government, or Indian tribe shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require, including— (1) a description of the law that the applicant has enacted to require a license for any purchase of a handgun, including a description of any exemptions to such law; and (2) a description of how the applicant will use the grant to carry out or improve its handgun purchaser licensing program. (d) Eligibility requirements \nTo be eligible for a grant under this part, an applicant shall have in effect a handgun purchaser licensing law that includes the following requirements: (1) With respect to an individual applying for a handgun license or permit— (A) the individual shall be— (i) not less than 21 years old; and (ii) a citizen or national of the United States or an alien lawfully admitted for permanent residence (as those terms are defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) )); (B) the individual shall apply for the handgun purchaser license or permit at a law enforcement agency in the State in which the individual resides; (C) the individual shall reapply for the handgun purchaser license or permit after a period not longer than 5 years; and (D) the individual shall, in connection with the application for the handgun purchaser license or permit— (i) submit to a background investigation and a criminal history check, as established by the State, which shall ensure, at a minimum, that the individual is not prohibited from possessing a firearm under section 922(g) of title 18, United States Code; and (ii) submit fingerprints and photographs. (2) An individual who is prohibited from possessing a firearm under section 922(g) of title 18, United States Code, may not be issued a handgun purchasing license or permit. (e) Use of funds \nGrant funds awarded under this part shall be used to improve the handgun purchaser licensing program of the grant recipient..", "id": "id4B8E6E3BCEF34A6DA59EA192C5A31956", "header": "In general", "nested": [], "links": [ { "text": "34 U.S.C. 10101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/10101" }, { "text": "8 U.S.C. 1101(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Authorization of appropriations \nSection 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10261(a) ) is amended by adding at the end the following: (29) There are authorized to be appropriated such sums as may be necessary to carry out part PP..", "id": "H544CF5329E7642ADB5FA3A3AFD16598F", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "34 U.S.C. 10261(a)", "legal-doc": "usc", "parsable-cite": "usc/34/10261" } ] } ], "links": [ { "text": "34 U.S.C. 10101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/10101" }, { "text": "8 U.S.C. 1101(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "34 U.S.C. 10261(a)", "legal-doc": "usc", "parsable-cite": "usc/34/10261" } ] }, { "text": "3061. Definition \nIn this part, the term handgun has the meaning given the term in section 921(a) of title 18, United States Code.", "id": "H5242E3732AF24DD8AF35C9085E7B38FF", "header": "Definition", "nested": [], "links": [] }, { "text": "3062. Grant program \n(a) In general \nThe Attorney General may award grants to States, units of local government, and Indian tribes for the development, implementation, and evaluation of handgun purchaser licensing requirements. (b) Program authorized \nFrom the amounts appropriated to carry out this part, and not later than 90 days after such amounts are appropriated, the Attorney General shall award grants, on a competitive basis, to eligible applicants whose applications are approved under subsection (c) to assist such applicants in implementing and improving handgun purchaser licensing programs. (c) Application \nTo be eligible to receive a grant under this part, a State, unit of local government, or Indian tribe shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require, including— (1) a description of the law that the applicant has enacted to require a license for any purchase of a handgun, including a description of any exemptions to such law; and (2) a description of how the applicant will use the grant to carry out or improve its handgun purchaser licensing program. (d) Eligibility requirements \nTo be eligible for a grant under this part, an applicant shall have in effect a handgun purchaser licensing law that includes the following requirements: (1) With respect to an individual applying for a handgun license or permit— (A) the individual shall be— (i) not less than 21 years old; and (ii) a citizen or national of the United States or an alien lawfully admitted for permanent residence (as those terms are defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) )); (B) the individual shall apply for the handgun purchaser license or permit at a law enforcement agency in the State in which the individual resides; (C) the individual shall reapply for the handgun purchaser license or permit after a period not longer than 5 years; and (D) the individual shall, in connection with the application for the handgun purchaser license or permit— (i) submit to a background investigation and a criminal history check, as established by the State, which shall ensure, at a minimum, that the individual is not prohibited from possessing a firearm under section 922(g) of title 18, United States Code; and (ii) submit fingerprints and photographs. (2) An individual who is prohibited from possessing a firearm under section 922(g) of title 18, United States Code, may not be issued a handgun purchasing license or permit. (e) Use of funds \nGrant funds awarded under this part shall be used to improve the handgun purchaser licensing program of the grant recipient.", "id": "H5350B5959CF14134867DE51D1CD97D2C", "header": "Grant program", "nested": [ { "text": "(a) In general \nThe Attorney General may award grants to States, units of local government, and Indian tribes for the development, implementation, and evaluation of handgun purchaser licensing requirements.", "id": "HE9141259BFD449049333F9DDF918A987", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Program authorized \nFrom the amounts appropriated to carry out this part, and not later than 90 days after such amounts are appropriated, the Attorney General shall award grants, on a competitive basis, to eligible applicants whose applications are approved under subsection (c) to assist such applicants in implementing and improving handgun purchaser licensing programs.", "id": "H2EEDF45A1E3B434FAE19F621A33A5853", "header": "Program authorized", "nested": [], "links": [] }, { "text": "(c) Application \nTo be eligible to receive a grant under this part, a State, unit of local government, or Indian tribe shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require, including— (1) a description of the law that the applicant has enacted to require a license for any purchase of a handgun, including a description of any exemptions to such law; and (2) a description of how the applicant will use the grant to carry out or improve its handgun purchaser licensing program.", "id": "HEF4AE4EB50E142C19B4EBBA392E650C6", "header": "Application", "nested": [], "links": [] }, { "text": "(d) Eligibility requirements \nTo be eligible for a grant under this part, an applicant shall have in effect a handgun purchaser licensing law that includes the following requirements: (1) With respect to an individual applying for a handgun license or permit— (A) the individual shall be— (i) not less than 21 years old; and (ii) a citizen or national of the United States or an alien lawfully admitted for permanent residence (as those terms are defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) )); (B) the individual shall apply for the handgun purchaser license or permit at a law enforcement agency in the State in which the individual resides; (C) the individual shall reapply for the handgun purchaser license or permit after a period not longer than 5 years; and (D) the individual shall, in connection with the application for the handgun purchaser license or permit— (i) submit to a background investigation and a criminal history check, as established by the State, which shall ensure, at a minimum, that the individual is not prohibited from possessing a firearm under section 922(g) of title 18, United States Code; and (ii) submit fingerprints and photographs. (2) An individual who is prohibited from possessing a firearm under section 922(g) of title 18, United States Code, may not be issued a handgun purchasing license or permit.", "id": "HB2C41E9B022C49CB9A6789AFDDCAAE10", "header": "Eligibility requirements", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(e) Use of funds \nGrant funds awarded under this part shall be used to improve the handgun purchaser licensing program of the grant recipient.", "id": "HA0186D5503384BEAB020036D8150D929", "header": "Use of funds", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1101(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ]

[ "Criminal justice information and records", "Firearms and explosives", "Law enforcement administration and funding", "Licensing and registrations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Kickstarting Innovative Demonstrations Supporting Kids Health Act of 2023 or the KIDS Health Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Establishment of whole child health models \nSection 1903 of the Social Security Act ( 42 U.S.C. 1396b ) is amended by adding at the end the following new subsection: (cc) Whole child health demonstration project \n(1) In general \nThe Secretary, acting through the Deputy Administrator and Director of the Center for Medicaid and CHIP Services, shall conduct a demonstration project (referred to in this subsection as the demonstration project ) under which participating States shall design and implement whole child health models in 1 or more target communities in accordance with the requirements of this subsection. The requirements of section 1902(a)(1) (relating to statewideness) shall not apply to the demonstration project. (2) Design phase \n(A) Grants \nNot later than 12 months after the date of the enactment of this subsection, the Secretary shall award up to 15 grants to States that submit complete applications for such grants which meet the requirements of subparagraph (C). (B) Selection of grantees \nIn awarding grants under this paragraph, the Secretary shall, to the extent possible, prioritize awarding grants to a geographically diverse selection of States and target communities of different sizes and with varying experience with value-based payment, including rural and urban communities. (C) Grant application \nA State shall include in an application for a grant awarded under this paragraph the following: (i) A description of each proposed target community in which the State proposes to implement a whole child health model. (ii) For each target community described in clause (i), a statement of the proposed objectives of the State in implementing a whole child health model in that community. (iii) Such other information as the Secretary may require. (D) Use of grant funds \n(i) In general \nA State awarded a grant under this paragraph shall use the grant funds to— (I) conduct or use an existing needs assessment that is not more than two years old and meets the requirements of clause (ii) for each proposed target community; (II) not later than 12 months after being awarded the grant, design and submit for approval by the Secretary a proposed whole child health model that meets the requirements of subparagraph (E) for each target community based on the results of the needs assessment and other assessments or surveys conducted for that community; and (III) implement the whole child health model during the implementation phase described in paragraph (3). (ii) Needs assessment requirements \nA needs assessment conducted for a proposed target community with grant funds awarded to a State shall include the following: (I) An evaluation of the physical health, mental, emotional and behavioral health, developmental, social, relational and substance use disorder service needs of eligible individuals in the target community, including needs that could be addressed through population-based or community-based interventions. (II) A review of the resources available to meet the physical health, mental health, and substance use disorder service needs of eligible individuals in the target community. (III) A description of the barriers identified in the target community to eligible individuals accessing resources and services to address their physical health, mental health, and substance use disorder service needs. (IV) A description of health disparities identified in the target community, including input from community residents in the target community. (E) Whole child health model requirements \n(i) In general \nA proposed whole child health model shall include descriptions of the following: (I) How the State and its multi-sector partners will address the physical health, mental, emotional and behavioral health, developmental, social, relational and substance use disorder service needs of eligible individuals in the target community identified in the needs assessment of that community through implementation of the whole child health model and provision of whole child health services. (II) How the State Medicaid, human services, and child welfare agencies will coordinate with community partners to ensure the successful implementation of the whole child health model in the target communities and the provision of whole child health services. (III) The lead agency or other entity the State proposes to designate to coordinate activities carried out to implement the whole child health model in the target communities. (ii) Requirements \nA proposed whole child health model shall meet the following requirements: (I) Align with an existing or planned delivery and payment system of the State plan under this title or under a waiver of such plan, including, as applicable, a managed care delivery system. (II) Include partnerships with child and family serving organizations and agencies such as health care providers, payers, school districts, public health and child care. (III) Promote the delivery of trauma-informed and culturally competent care, including strategies to address systemic resource needs, including workforce shortages, in the target community and an assessment of the potential impact of the model on health equity, disparities, and safety net providers in the target community. (IV) Coordinate funding sources under the State plan under this title (or under a waiver of plan), the State plans under parts B and E of title IV, and other applicable funding sources, for the whole child health services provided under the model. (V) Include— (aa) the design and implementation or adaptation of a value-based payment arrangement for providing whole child health services under the State plan under this title (or under a waiver of such plan) that promotes pediatric health; or (bb) in the case of a State that faces significant barriers to implementing or adapting such a value-based payment arrangement, a proposal for steps that the State will take towards advancing value-based care with respect to whole child health services provided under the State plan under this title (or under a waiver of such plan). (VI) Include strategies to coordinate referrals to whole child health services, including using telehealth, referral networks and/or other technologies to facilitate access to whole child health services. (VII) Include strategies to promote the integration of primary care with whole child health services and substance use disorder services. (VIII) Include strategies to integrate and streamline eligibility, enrollment, and renewal processes to facilitate enrollment in health coverage and other benefit programs. (IX) Include strategies to promote school-based health and wellness. (X) Describe how the State will leverage or enhance existing health information technology infrastructure and cross-sector data-sharing capabilities to support the provision of enhanced care coordination services, including with respect to claiming administrative matching funds for the design, development, and installation of data systems to allow or enhance coordination among State agencies and other entities. (XI) Describe how the State will evaluate the impact of the model on child health and disparities in health outcomes, according to requirements outlined by the Secretary. (XII) Include other such population health strategies or core services as the State determines appropriate. (iii) Participation by Indian tribes in whole child health models \nThe Secretary may waive or otherwise modify the requirements for a whole child health model described in clause (ii) to the extent necessary to permit Indian tribes to participate in such a model. (3) Implementation phase \nAfter the design period, the implementation phase of the demonstration project shall be conducted for a period of not less than 48 months and not more than 72 months. (4) Authorization of appropriations \n(A) In general \nThere are authorized to be appropriated to the Secretary for the purpose of carrying out this subsection, out of any funds in the Treasury not otherwise appropriated, $125,000,000, to remain available until expended. (B) Limitation on use of funds \nFrom any amounts appropriated pursuant to this paragraph, the Secretary shall use— (i) not more than $2,000,000 for administrative costs, staffing, and reporting requirements; (ii) not more than $10,000,000 for learning platforms, staffing, and technical assistance related directly to the design and implementation of whole child health models, and to carry out activities under this subsection; and (iii) not more than $3,000,0000 may be used for carrying out evaluations described in paragraph (5). (C) Payment for whole child health services \n(i) In general \nFor each fiscal quarter occurring during the implementation phase of the demonstration project, subject to clause (ii), the Secretary shall pay each State selected to participate in that phase of the project, an amount equal to 80 percent of the amounts expended by the State during such quarter for providing whole child health services to eligible individuals in the target communities net of any Federal payments made to the State for such expenditures, under this title or otherwise. (ii) Requirement \nThe additional Federal funds paid to a State under this subparagraph shall be used to supplement, not supplant, the level of State funds expended for services that are treated as whole child health services under the demonstration project. (5) Reports and evaluation \n(A) In general \nA State that is selected to participate in the demonstration project shall report on the outcomes under the entity's whole child health model pursuant to periodic reporting requirements established by the Secretary. (B) State reports \nEach State awarded a grant under this subsection shall submit the following reports to the Secretary: (i) Interim report \nAn interim report at the end of the first 24 months of the implementation phase of the project that describes— (I) the progress of the State’s implementation of the whole child health model in the target communities; (II) the organizations and providers that are participating in the implementation of the model in the target communities; (III) the number of eligible individuals in the target communities receiving enhanced care coordination services; and (IV) such other information as the Secretary may require. (ii) Final report \nA final report not later than 1 year after the end of the implementation phase of the demonstration project that describes— (I) best practices and challenges in implementing the whole child health model in the target communities; (II) the impact of the model on child well-being, health care outcomes and health disparities in the target communities; and (III) such other information as the Secretary may require. (C) GAO report \nNot later than 3 years after the first grant is awarded under this subsection, the Comptroller General of the United States shall submit a report to Congress evaluating the individual, financial, and systems-level impacts associated with whole child health models implemented under the demonstration project. (6) Consultation \nA State awarded a grant under paragraph (2) shall consult with stakeholders, such as eligible individuals and their primary caregivers, schools, health care, mental health, and substance use disorder treatment organizations, pediatric providers, public health departments, child care providers, juvenile justice programs, child welfare programs, and community-based organizations, in designing and carrying out the activities required under paragraph (2), and with respect to the implementation and evaluation of the whole child health models implemented by the State. Such consultation may include establishment of a Community Advisory Board as defined by the Secretary. (7) Responsibilities of the secretary \n(A) Technical assistance \n(i) In general \nThe Secretary shall provide States awarded a grant under paragraph (2) with technical assistance with respect to the design of whole child health models. Such assistance may include assisting States with moving along a whole child health model and utilizing innovative financing strategies, such as braiding public and private funds. As feasible, the Secretary may partner with other Federal agencies, including the Office of Management and Budget, when providing technical assistance to promote a whole child health approach. The Secretary shall also provide such States with technical assistance with respect to implementation of such models. (ii) Shared learning \nThe Secretary shall facilitate shared learning, such as a learning collaborative, among the States participating in the demonstration project. (iii) Reports to congress \nThe Secretary shall submit to the Committee on Finance of the Senate and the Committee on Energy and Commerce of the House of Representatives the following reports: (I) Design phase \nNot later than 36 months after the date on which design grant funds are first awarded under paragraph (2), a report that describes the whole child health models proposed by States. (II) Implementation phase \n(aa) Interim report \nNot later than 3 years after the date on which the implementation phase of the demonstration project begins, an interim report. (bb) Final report \nNot later than 2 years after the date on which the demonstration project ends, a final report. (cc) Content \nThe interim and final reports required under this clause shall include the following: (AA) A summary of the whole child health models being implemented under the demonstration project. (BB) An assessment of the impacts of such models on the physical and mental health and well-being of eligible individuals in the target communities. (CC) A description of the most effective strategies of such models in promoting the physical and mental health of eligible individuals, including the effectiveness of such strategies in reducing health disparities and improving health equity. (DD) A summary of the information reported to the Secretary by States. (dd) Legislative recommendations \nIn addition to the information required under item (cc), the final report submitted under item (bb) shall include recommendations for such Federal legislative changes, if any, as the Secretary recommends to implement positive outcomes identified by the use of whole child health models under the demonstration project. (8) Definitions \nIn this subsection: (A) Eligible individual \nThe term eligible individual means an individual who has not attained age 21 and who is eligible for medical assistance under a State plan under this title or under a waiver of such plan, or for assistance under a State child health plan under title XXI or under a waiver of such plan. (B) Indian tribe \nThe term Indian Tribe has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) ). (C) Target community \nThe term target community means, with respect to a State, the boundaries of a geographic area within the State in which the State proposes to implement a whole child health model. (D) Whole child health services \nThe term whole child health services means the following: (i) Comprehensive care management. (ii) Enhanced care coordination services and referrals to health, developmental and social supports that include strategies to— (I) identify and address the physical, mental, emotional, and behavioral health, developmental, relational and social needs of eligible individuals; (II) coordinate referrals, as needed, to health care, mental, emotional, and behavioral health, substance use disorder treatment, child development, and social service providers; (III) ensure that eligible individuals follow up with service providers to whom they are referred; and (IV) facilitate the ability of eligible individuals to access needed services by centralizing, coordinating with, or co-locating resources. (9) Requirement to issue guidance on combining Federal and non-Federal funds to address social drivers of health in low-income populations \nNot later than 365 days after the selection of eligible entities under this subsection, the Secretary shall issue and disseminate guidance and technical assistance to grant awardees to clarify strategies and best practices to combine funds, including Medicaid, in the context of a child health and wellness fund, consistent with Federal law, and shall make such guidance publicly available..", "id": "id7215c8ab52ea40c6a2d4ede6949eb7ca", "header": "Establishment of whole child health models", "nested": [], "links": [ { "text": "42 U.S.C. 1396b", "legal-doc": "usc", "parsable-cite": "usc/42/1396b" }, { "text": "25 U.S.C. 5304(e)", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] } ]

[ "Child health", "Congressional oversight", "Drug, alcohol, tobacco use", "Government information and archives", "Government studies and investigations", "Health care coverage and access", "Health information and medical records", "Health programs administration and funding", "Intergovernmental relations", "Mental health", "Poverty and welfare assistance" ]

[ { "text": "1. Short title \nThis Act may be cited as the Big Bend National Park Boundary Adjustment Act.", "id": "H4F52CF4E4A594DECAE6A479FA1D393B9", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Map \nThe term map means the map entitled Big Bend National Park, Proposed Boundary Adjustment , numbered 155/167,296, and dated November 2022. (2) Park \nThe term Park means the Big Bend National Park established under the Act of June 20, 1935 (49 Stat. 393, chapter 283; 16 U.S.C. 156 ). (3) Secretary \nThe term Secretary means the Secretary of the Interior.", "id": "H94211F9DCBBD4471B40C814B9C9FE81F", "header": "Definitions", "nested": [], "links": [ { "text": "16 U.S.C. 156", "legal-doc": "usc", "parsable-cite": "usc/16/156" } ] }, { "text": "3. Big Bend National Park Boundary Adjustment \n(a) Land acquisition \nThe Secretary may acquire approximately 6,100 acres of land or interests in land generally depicted on the map as Tracts to Include in Boundary by donation, purchase from willing sellers, or exchange. (b) Availability of map \nThe map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Boundary revision and administration \nOn acquisition of any land or interests in land under subsection (a), the Secretary shall— (1) revise the boundary of the Park to include the acquired land or interests in land; and (2) administer the acquired land or interests in land as part of the Park in accordance with applicable laws (including regulations). (d) Eminent domain or condemnation \nIn carrying out this Act, the Secretary may not use eminent domain or condemnation.", "id": "H10193AE63DAF4738AB8E0213C6A83BAC", "header": "Big Bend National Park Boundary Adjustment", "nested": [ { "text": "(a) Land acquisition \nThe Secretary may acquire approximately 6,100 acres of land or interests in land generally depicted on the map as Tracts to Include in Boundary by donation, purchase from willing sellers, or exchange.", "id": "H2373AFFB280E41BEA41781D089B09FBE", "header": "Land acquisition", "nested": [], "links": [] }, { "text": "(b) Availability of map \nThe map shall be on file and available for public inspection in the appropriate offices of the National Park Service.", "id": "HB62E973DC68444CA85FE3E76F2692CBA", "header": "Availability of map", "nested": [], "links": [] }, { "text": "(c) Boundary revision and administration \nOn acquisition of any land or interests in land under subsection (a), the Secretary shall— (1) revise the boundary of the Park to include the acquired land or interests in land; and (2) administer the acquired land or interests in land as part of the Park in accordance with applicable laws (including regulations).", "id": "H4087F9D4658B4649B488D9F85F957BD8", "header": "Boundary revision and administration", "nested": [], "links": [] }, { "text": "(d) Eminent domain or condemnation \nIn carrying out this Act, the Secretary may not use eminent domain or condemnation.", "id": "H5D0E884C070D49C29B7C263D01B8D3A1", "header": "Eminent domain or condemnation", "nested": [], "links": [] } ], "links": [] } ]

[ "Land transfers", "Land use and conservation", "Parks, recreation areas, trails", "Texas" ]

[ { "text": "1. Prohibition on financing by Export-Import Bank of the United States for persons with seriously delinquent tax debt \nSection 2 of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635 ) is amended by adding at the end the following: (m) Prohibition on financing for persons with seriously delinquent tax debt \n(1) In general \nThe Bank may not provide financing to any person with seriously delinquent tax debt or for any project if any person participating in the project has seriously delinquent tax debt. (2) Determinations of debt \nFor purposes of paragraph (1), the Bank shall determine if a person has seriously delinquent tax debt— (A) using information available through the System for Award Management website and data-analytical approaches; and (B) in consultation with the Commissioner of Internal Revenue. (3) Waiver \nThe President of the United States may waive the prohibition under paragraph (1) with respect to a person if the President— (A) determines that there are urgent and compelling circumstances significantly affecting the interests of the United States that require the financing to be provided; and (B) not later than 30 days after making that determination, submits to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that includes the rationale for the determination and relevant information supporting the determination. (4) Seriously delinquent tax debt defined \nIn this subsection, the term seriously delinquent tax debt — (A) means a Federal tax liability that has been assessed by the Secretary of the Treasury under the Internal Revenue Code of 1986 and may be collected by the Secretary by levy or by a proceeding in court; and (B) does not include— (i) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; (ii) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending; (iii) a debt with respect to which a continuous levy has been issued under section 6331 of such Code (or, in the case of an applicant for employment, a debt with respect to which the applicant agrees to be subject to such a levy); and (iv) a debt with respect to which such a levy is released under section 6343(a)(1)(D) of such Code..", "id": "idEFC29E70D4BD4F0399EBFE745CFBA8AA", "header": "Prohibition on financing by Export-Import Bank of the United States for persons with seriously delinquent tax debt", "nested": [], "links": [ { "text": "12 U.S.C. 635", "legal-doc": "usc", "parsable-cite": "usc/12/635" } ] } ]

[ "Competitiveness, trade promotion, trade deficits", "Congressional oversight", "Debt collection", "Government lending and loan guarantees", "Tax administration and collection, taxpayers" ]

[ { "text": "1. Short titles \nThis Act may be cited as the Railroad Employee Equity and Fairness Act or the REEF Act.", "id": "S1", "header": "Short titles", "nested": [], "links": [] }, { "text": "2. Treatment of payments from the Railroad Unemployment Insurance Account \n(a) Amendments \nSection 235 of the Continued Assistance to Rail Workers Act of 2020 (subchapter III of title II of division N of Public Law 116–260 ; 2 U.S.C. 906 note) is amended— (1) in subsection (b)— (A) by striking paragraphs (1) and (2); and (B) by striking subsection (a)— and inserting subsection (a) shall take effect 7 days after the date of enactment of the Continued Assistance to Rail Workers Act of 2020. ; and (2) by striking subsection (c). (b) Applicability \nThe amendments made by subsection (a) shall apply as if enacted on the day before the date on which the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020, under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) terminates.", "id": "H9F22EA9A49B64FF39262A9F9006496FE", "header": "Treatment of payments from the Railroad Unemployment Insurance Account", "nested": [ { "text": "(a) Amendments \nSection 235 of the Continued Assistance to Rail Workers Act of 2020 (subchapter III of title II of division N of Public Law 116–260 ; 2 U.S.C. 906 note) is amended— (1) in subsection (b)— (A) by striking paragraphs (1) and (2); and (B) by striking subsection (a)— and inserting subsection (a) shall take effect 7 days after the date of enactment of the Continued Assistance to Rail Workers Act of 2020. ; and (2) by striking subsection (c).", "id": "idF4D7062848FD4B6496C3CA8130048069", "header": "Amendments", "nested": [], "links": [ { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" }, { "text": "2 U.S.C. 906", "legal-doc": "usc", "parsable-cite": "usc/2/906" } ] }, { "text": "(b) Applicability \nThe amendments made by subsection (a) shall apply as if enacted on the day before the date on which the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020, under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) terminates.", "id": "H7DE071483450444C9FBD8A43912AC669", "header": "Applicability", "nested": [], "links": [ { "text": "50 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1601" } ] } ], "links": [ { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" }, { "text": "2 U.S.C. 906", "legal-doc": "usc", "parsable-cite": "usc/2/906" }, { "text": "50 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1601" } ] } ]

[ "Cardiovascular and respiratory health", "Emergency medical services and trauma care", "Infectious and parasitic diseases", "Railroads", "Transportation employees", "Unemployment" ]

[ { "text": "1. Short title \nThis Act may be cited as the Healthy Families Act.", "id": "H9459555C0D1F4E00A4E319BA0E532A6C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Child \nThe term child means a biological, foster, or adopted child, a stepchild, a child of a domestic partner, a legal ward, or a child of a person standing in loco parentis. (2) Commerce \nThe terms commerce and industry or activity affecting commerce mean any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and include commerce and any industry affecting commerce , as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)). (3) Domestic partner \n(A) In general \nThe term domestic partner , with respect to an individual, means another individual with whom the individual is in a committed relationship. (B) Committed relationship defined \nThe term committed relationship means a relationship between 2 individuals, each at least 18 years of age, in which each individual is the other individual’s sole domestic partner and both individuals share responsibility for a significant measure of each other’s common welfare. The term includes any such relationship between 2 individuals, including individuals of the same sex, that is granted legal recognition by a State or political subdivision of a State as a marriage or analogous relationship, including a civil union or domestic partnership. (4) Domestic violence \nThe term domestic violence has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ), except that the reference in such section to the term jurisdiction receiving grant funding shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the employer involved is located. Such term also includes dating violence , as that term is defined in such section. (5) Employee \nThe term employee means an individual who is— (A) (i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ), who is not covered under any other provision of this paragraph, including such an employee of the Library of Congress, except that a reference in such section to an employer shall be considered to be a reference to an employer described in paragraph (6)(A)(i)(I); (ii) an employee of the Government Accountability Office; or (iii) an employee of a covered employer described in paragraph (6)(B)(i)(V) who performs work that has been traditionally performed by employees in a railroad industry craft or class recognized under the Ninth paragraph of section 2 of the Railway Labor Act ( 45 U.S.C. 152 ), including any employee who performs— (I) work with respect to the movement of trains; (II) maintenance of way work; (III) signal work; (IV) work for purposes of the inspection, maintenance, repair, or cleaning of locomotives, rail maintenance facilities, rail-related equipment, or rail cars; (V) dispatching work; (VI) work with respect to the movement of equipment within a rail yard; or (VII) rail clerical or communications work; (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ), other than an applicant for employment; (D) a covered employee, as defined in section 411(c) of title 3, United States Code; or (E) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code (without regard to the limitation in section 6381(1)(B) of that title). (6) Employer \n(A) In general \nThe term employer means a person who is— (i) (I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). (B) Covered employer \n(i) In general \nIn subparagraph (A)(i)(I), the term covered employer — (I) means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding year; (II) means a smaller employer, to which the special rule in paragraph (3) of section 3(a) applies; (III) means the Government Accountability Office and the Library of Congress; (IV) includes— (aa) any person who acts, directly or indirectly, in the interest of an employer covered by this clause to any of the employees of such employer; and (bb) any successor in interest of such an employer; and (V) includes any rail carrier. (ii) Public agency \nFor purposes of clause (i), a public agency, as defined in section 3(x) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(x) ), shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (iii) Definitions \nFor purposes of this subparagraph: (I) Employee \nThe term employee has the meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ). (II) Person \nThe term person has the meaning given such term in section 3(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(a) ). (III) Smaller employer \nThe term smaller employer means any person engaged in commerce or in any industry or activity affecting commerce who employs fewer than 15 employees for each working day during each of 20 or more calendar workweeks in the preceding year. (C) Predecessors \nAny reference in this paragraph to an employer, including such a smaller employer, shall include a reference to any predecessor of such employer. (7) Employment benefits \nThe term employment benefits means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an employee benefit plan , as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(3) ). (8) Health care provider \nThe term health care provider means a provider who— (A) (i) is a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; or (ii) is any other person determined by the Secretary to be capable of providing health care services; and (B) is not employed by an employer for whom the provider issues certification under this Act. (9) Paid sick time \nThe term paid sick time means an increment of compensated leave that— (A) can be earned by an employee for use during an absence from employment for any of the reasons described in paragraphs (1) through (4) of section 3(b); and (B) is compensated at a rate that is not less than the greater of— (i) the regular rate of pay of the employee; (ii) the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ); or (iii) the rate specified in the applicable State or local minimum wage law. (10) Parent \nThe term parent means a biological, foster, or adoptive parent of an employee, a stepparent of an employee, parent-in-law, parent of a domestic partner, or a legal guardian or other person who stood in loco parentis to an employee when the employee was a child. (11) Rail carrier \nThe term rail carrier has the meaning given such term in section 10102 of title 49, United States Code. (12) Secretary \nThe term Secretary means the Secretary of Labor. (13) Sexual assault \nThe term sexual assault has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). (14) Spouse \nThe term spouse , with respect to an employee, has the meaning given such term by the marriage laws of the State in which the marriage was celebrated. (15) Stalking \nThe term stalking has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). (16) State \nThe term State has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (17) Unpaid sick time \nThe term unpaid sick time means the leave earned and used in the same manner and under the same conditions and procedures as paid sick time for the purposes of this Act, except that no compensation shall be paid. (18) Victim services organization \nThe term victim services organization means a nonprofit, nongovernmental organization that provides assistance to victims of domestic violence, sexual assault, or stalking or advocates for such victims, including a rape crisis center, an organization carrying out a domestic violence, sexual assault, or stalking prevention or treatment program, an organization operating a shelter or providing counseling services, or a legal services organization or other organization providing assistance through the legal process.", "id": "HE8EC4721F4F3406AB90CC8B779B70DB3", "header": "Definitions", "nested": [], "links": [ { "text": "34 U.S.C. 12291(a)", "legal-doc": "usc", "parsable-cite": "usc/34/12291" }, { "text": "29 U.S.C. 203(e)", "legal-doc": "usc", "parsable-cite": "usc/29/203" }, { "text": "45 U.S.C. 152", "legal-doc": "usc", "parsable-cite": "usc/45/152" }, { "text": "2 U.S.C. 1301", "legal-doc": "usc", "parsable-cite": "usc/2/1301" }, { "text": "chapter 63", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/63" }, { "text": "chapter 63", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/63" }, { "text": "29 U.S.C. 203(x)", "legal-doc": "usc", "parsable-cite": "usc/29/203" }, { "text": "29 U.S.C. 203(e)", "legal-doc": "usc", "parsable-cite": "usc/29/203" }, { "text": "29 U.S.C. 203(a)", "legal-doc": "usc", "parsable-cite": "usc/29/203" }, { "text": "29 U.S.C. 1002(3)", "legal-doc": "usc", "parsable-cite": "usc/29/1002" }, { "text": "29 U.S.C. 206(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/29/206" }, { "text": "34 U.S.C. 12291(a)", "legal-doc": "usc", "parsable-cite": "usc/34/12291" }, { "text": "34 U.S.C. 12291(a)", "legal-doc": "usc", "parsable-cite": "usc/34/12291" }, { "text": "29 U.S.C. 203", "legal-doc": "usc", "parsable-cite": "usc/29/203" } ] }, { "text": "3. Earned paid sick time \n(a) Earning of paid sick time \n(1) In general \nAn employer shall provide each employee employed by the employer not less than 1 hour of earned paid sick time for every 30 hours worked, to be used as described in this section. An employer shall not be required to permit an employee to earn, under this section, more than 56 hours of paid sick time in a year, unless the employer chooses to set a higher limit. (2) Exempt employees \n(A) In general \nExcept as provided in subparagraph (B), for purposes of this section, an employee who is exempt from overtime requirements under section 13(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a)(1) ) shall be deemed to work 40 hours in each workweek. (B) Shorter normal workweek \nIf the normal workweek of such an employee is less than 40 hours, the employee shall earn paid sick time based upon that normal workweek. (3) Special rule for smaller employers \nA smaller employer, as defined in section 2(6)(B)(iii), may provide paid sick time as provided under paragraph (1) but if such smaller employer opts not to do so, the smaller employer shall provide not fewer than 56 hours of unpaid sick time to each employee per year to be used for the same purposes and under the same conditions and procedures as set out in this Act. The provision and earning of unpaid sick time shall be treated in all respects the same as the provision and earning of paid sick time under this Act. References in this Act to paid sick time shall, with respect to such smaller employers, be deemed to be references to unpaid sick time. (4) Dates for beginning to earn paid sick time and use \nExcept as provided in the second sentence of paragraph (8), employees shall begin to earn paid sick time under this section at the commencement of their employment. Except as provided in such sentence, an employee shall be entitled to use the earned paid sick time beginning on the 60th calendar day following commencement of the employee's employment. After that 60th calendar day, the employee may use the paid sick time as the time is earned. An employer may, at the discretion of the employer, loan paid sick time to an employee for use by such employee in advance of the employee earning such sick time as provided in this subsection and may permit use before the 60th day of employment. (5) Carryover \n(A) In general \nExcept as provided in subparagraph (B), paid sick time earned under this section shall carry over from 1 year to the next. (B) Construction \nThis Act shall not be construed to require an employer to permit an employee to earn more than 56 hours of earned paid sick time in a calendar year. (6) Employers with existing policies \nAny employer with a paid leave policy who makes available an amount of paid leave that is sufficient to meet the requirements of this section and that may be used for the same purposes and under the same conditions and procedures as the purposes, conditions, and procedures described in this section shall not be required to permit an employee to earn additional paid sick time under this section. (7) Construction \nNothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee’s termination, resignation, retirement, or other separation from employment for earned paid sick time that has not been used. (8) Reinstatement \nIf an employee is separated from employment with an employer and is rehired, within 12 months after that separation, by the same employer, the employer shall reinstate the employee’s previously earned paid sick time. The employee shall be entitled to use the earned paid sick time and earn additional paid sick time at the recommencement of employment with the employer. (9) Prohibition \nAn employer may not require, as a condition of providing paid sick time under this Act, that the employee involved search for or find a replacement employee to cover the hours during which the employee is using paid sick time. (b) Uses \nPaid sick time earned under subsection (a) may be used by an employee for any of the following: (1) An absence resulting from a physical or mental illness, injury, or medical condition of the employee. (2) An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the employee. (3) An absence for the purpose of caring for a child, a parent, a spouse, a domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, who— (A) has any of the conditions or needs for diagnosis or care described in paragraph (1) or (2); (B) is required to attend— (i) in the case of someone who is a child, a school meeting; or (ii) a meeting at a place where the child, parent, spouse, domestic partner, or such other individual is receiving care necessitated by a health condition or disability of the child, parent, spouse, domestic partner, or such other individual; (C) is in need of care and is typically cared for by an individual who is unable to provide care because the individual has any of conditions or needs for diagnosis or care described in paragraph (1) or (2); or (D) is otherwise in need of care. (4) An absence resulting from domestic violence, sexual assault, or stalking, if the time is to— (A) seek medical attention for the employee or the employee’s child, parent, spouse, domestic partner, or an individual related to the employee as described in paragraph (3), to recover from physical or psychological injury or disability caused by domestic violence, sexual assault, or stalking; (B) obtain or assist a child, a parent, a spouse, a domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship in obtaining services from a victim services organization; (C) obtain or assist a child, a parent, a spouse, a domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship in obtaining psychological or other counseling; (D) seek relocation; or (E) take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence, sexual assault, or stalking. (c) Scheduling \nAn employee shall make a reasonable effort to schedule a period of paid sick time under this Act in a manner that does not unduly disrupt the operations of the employer. (d) Procedures \n(1) In general \nPaid sick time shall be provided upon the oral or written request of an employee. Such request shall— (A) include the expected duration of the period of such time; and (B) (i) in a case in which the need for such period of time is foreseeable at least 7 days in advance of such period, be provided at least 7 days in advance of such period; or (ii) otherwise, be provided as soon as practicable after the employee is aware of the need for such period. (2) Certification in general \n(A) Provision \n(i) In general \nSubject to subparagraph (C), an employer may require that a request for paid sick time under this section for a purpose described in paragraph (1), (2), or (3) of subsection (b) be supported by a certification issued by the health care provider of the eligible employee or of an individual described in subsection (b)(3), as appropriate, if the period of such time covers more than 3 consecutive workdays. (ii) Timeliness \nThe employee shall provide a copy of such certification to the employer in a timely manner, not later than 30 days after the first day of the period of time. The employer shall not delay the commencement of the period of time on the basis that the employer has not yet received the certification. (B) Sufficient certification \nA certification provided under subparagraph (A) shall be sufficient if it states— (i) the date on which the period of time will be needed; (ii) the probable duration of the period of time; and (iii) (I) for purposes of paid sick time under subsection (b)(1), a statement that absence from work is medically necessary; (II) for purposes of such time under subsection (b)(2), the dates on which testing for a medical diagnosis or care is expected to be given and the duration of such testing or care; and (III) for purposes of such time under subsection (b)(3), in the case of time to care for someone who is not a child, a statement that care is needed for an individual described in such subsection, and an estimate of the amount of time that such care is needed for such individual. (C) Regulations \nRegulations prescribed under section 12 shall specify the manner in which an employee who does not have health insurance shall provide a certification for purposes of this paragraph. (D) Confidentiality and nondisclosure \n(i) Protected health information \nNothing in this Act shall be construed to require a health care provider to disclose information in violation of section 1177 of the Social Security Act ( 42 U.S.C. 1320d–6 ) or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). (ii) Health information records \nIf an employer possesses health information about an employee or an employee’s child, parent, spouse, domestic partner, or an individual related to the employee as described in subsection (b)(3), such information shall— (I) be maintained on a separate form and in a separate file from other personnel information; (II) be treated as a confidential medical record; and (III) not be disclosed except to the affected employee or with the permission of the affected employee. (3) Certification in the case of domestic violence, sexual assault, or stalking \n(A) In general \nAn employer may require that a request for paid sick time under this section for a purpose described in subsection (b)(4) be supported by a form of documentation described in subparagraph (B) if the period of such time covers more than 3 consecutive workdays. (B) Form of documentation \nA form of documentation described in this subparagraph is any one of the following: (i) A police report indicating that the employee, or an individual described in subsection (b)(4)(A) with respect to the employee, was a victim of domestic violence, sexual assault, or stalking. (ii) A court order protecting or separating the employee, or such an individual with respect to the employee, from the perpetrator of an act of domestic violence, sexual assault, or stalking, or other evidence from the court or prosecuting attorney that the employee, or an individual described in subsection (b)(4)(A) with respect to the employee, has appeared in court or is scheduled to appear in court in a proceeding related to domestic violence, sexual assault, or stalking. (iii) Other documentation signed by an employee or volunteer working for a victim services organization, an attorney, a police officer, a medical professional, a social worker, an antiviolence counselor, or a member of the clergy, affirming that the employee, or an individual described in subsection (b)(4)(A) with respect to the employee, is a victim of domestic violence, sexual assault, or stalking. (C) Requirements \nThe requirements of paragraph (2) shall apply to certifications under this paragraph, except that— (i) subparagraph (B)(iii) of such paragraph shall not apply; (ii) the certification shall state the reason that the leave is required with the facts to be disclosed limited to the minimum necessary to establish a need for the employee to be absent from work, and the employee shall not be required to explain the details of the domestic violence, sexual assault, or stalking involved; and (iii) with respect to confidentiality under subparagraph (D) of such paragraph, any information provided to the employer under this paragraph shall be confidential, except to the extent that any disclosure of such information is— (I) requested or consented to in writing by the employee; or (II) otherwise required by applicable Federal or State law. (D) Specification of documentation \nAn employer may not specify which of the forms of documentation described in clause (i), (ii), or (iii) of subparagraph (B) is required to be provided in order to satisfy the requirement under subparagraph (A).", "id": "H5E7EECAC33CA47C59850A950AE68A712", "header": "Earned paid sick time", "nested": [ { "text": "(a) Earning of paid sick time \n(1) In general \nAn employer shall provide each employee employed by the employer not less than 1 hour of earned paid sick time for every 30 hours worked, to be used as described in this section. An employer shall not be required to permit an employee to earn, under this section, more than 56 hours of paid sick time in a year, unless the employer chooses to set a higher limit. (2) Exempt employees \n(A) In general \nExcept as provided in subparagraph (B), for purposes of this section, an employee who is exempt from overtime requirements under section 13(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a)(1) ) shall be deemed to work 40 hours in each workweek. (B) Shorter normal workweek \nIf the normal workweek of such an employee is less than 40 hours, the employee shall earn paid sick time based upon that normal workweek. (3) Special rule for smaller employers \nA smaller employer, as defined in section 2(6)(B)(iii), may provide paid sick time as provided under paragraph (1) but if such smaller employer opts not to do so, the smaller employer shall provide not fewer than 56 hours of unpaid sick time to each employee per year to be used for the same purposes and under the same conditions and procedures as set out in this Act. The provision and earning of unpaid sick time shall be treated in all respects the same as the provision and earning of paid sick time under this Act. References in this Act to paid sick time shall, with respect to such smaller employers, be deemed to be references to unpaid sick time. (4) Dates for beginning to earn paid sick time and use \nExcept as provided in the second sentence of paragraph (8), employees shall begin to earn paid sick time under this section at the commencement of their employment. Except as provided in such sentence, an employee shall be entitled to use the earned paid sick time beginning on the 60th calendar day following commencement of the employee's employment. After that 60th calendar day, the employee may use the paid sick time as the time is earned. An employer may, at the discretion of the employer, loan paid sick time to an employee for use by such employee in advance of the employee earning such sick time as provided in this subsection and may permit use before the 60th day of employment. (5) Carryover \n(A) In general \nExcept as provided in subparagraph (B), paid sick time earned under this section shall carry over from 1 year to the next. (B) Construction \nThis Act shall not be construed to require an employer to permit an employee to earn more than 56 hours of earned paid sick time in a calendar year. (6) Employers with existing policies \nAny employer with a paid leave policy who makes available an amount of paid leave that is sufficient to meet the requirements of this section and that may be used for the same purposes and under the same conditions and procedures as the purposes, conditions, and procedures described in this section shall not be required to permit an employee to earn additional paid sick time under this section. (7) Construction \nNothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee’s termination, resignation, retirement, or other separation from employment for earned paid sick time that has not been used. (8) Reinstatement \nIf an employee is separated from employment with an employer and is rehired, within 12 months after that separation, by the same employer, the employer shall reinstate the employee’s previously earned paid sick time. The employee shall be entitled to use the earned paid sick time and earn additional paid sick time at the recommencement of employment with the employer. (9) Prohibition \nAn employer may not require, as a condition of providing paid sick time under this Act, that the employee involved search for or find a replacement employee to cover the hours during which the employee is using paid sick time.", "id": "HEAF0442BF4B140B9B2DCEAAE3AB692AE", "header": "Earning of paid sick time", "nested": [], "links": [ { "text": "29 U.S.C. 213(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/29/213" } ] }, { "text": "(b) Uses \nPaid sick time earned under subsection (a) may be used by an employee for any of the following: (1) An absence resulting from a physical or mental illness, injury, or medical condition of the employee. (2) An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the employee. (3) An absence for the purpose of caring for a child, a parent, a spouse, a domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, who— (A) has any of the conditions or needs for diagnosis or care described in paragraph (1) or (2); (B) is required to attend— (i) in the case of someone who is a child, a school meeting; or (ii) a meeting at a place where the child, parent, spouse, domestic partner, or such other individual is receiving care necessitated by a health condition or disability of the child, parent, spouse, domestic partner, or such other individual; (C) is in need of care and is typically cared for by an individual who is unable to provide care because the individual has any of conditions or needs for diagnosis or care described in paragraph (1) or (2); or (D) is otherwise in need of care. (4) An absence resulting from domestic violence, sexual assault, or stalking, if the time is to— (A) seek medical attention for the employee or the employee’s child, parent, spouse, domestic partner, or an individual related to the employee as described in paragraph (3), to recover from physical or psychological injury or disability caused by domestic violence, sexual assault, or stalking; (B) obtain or assist a child, a parent, a spouse, a domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship in obtaining services from a victim services organization; (C) obtain or assist a child, a parent, a spouse, a domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship in obtaining psychological or other counseling; (D) seek relocation; or (E) take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence, sexual assault, or stalking.", "id": "HF1FC44CD2A9741678838D76D76410284", "header": "Uses", "nested": [], "links": [] }, { "text": "(c) Scheduling \nAn employee shall make a reasonable effort to schedule a period of paid sick time under this Act in a manner that does not unduly disrupt the operations of the employer.", "id": "HF05D60F7CEBC41C8B59EA6A84846BDED", "header": "Scheduling", "nested": [], "links": [] }, { "text": "(d) Procedures \n(1) In general \nPaid sick time shall be provided upon the oral or written request of an employee. Such request shall— (A) include the expected duration of the period of such time; and (B) (i) in a case in which the need for such period of time is foreseeable at least 7 days in advance of such period, be provided at least 7 days in advance of such period; or (ii) otherwise, be provided as soon as practicable after the employee is aware of the need for such period. (2) Certification in general \n(A) Provision \n(i) In general \nSubject to subparagraph (C), an employer may require that a request for paid sick time under this section for a purpose described in paragraph (1), (2), or (3) of subsection (b) be supported by a certification issued by the health care provider of the eligible employee or of an individual described in subsection (b)(3), as appropriate, if the period of such time covers more than 3 consecutive workdays. (ii) Timeliness \nThe employee shall provide a copy of such certification to the employer in a timely manner, not later than 30 days after the first day of the period of time. The employer shall not delay the commencement of the period of time on the basis that the employer has not yet received the certification. (B) Sufficient certification \nA certification provided under subparagraph (A) shall be sufficient if it states— (i) the date on which the period of time will be needed; (ii) the probable duration of the period of time; and (iii) (I) for purposes of paid sick time under subsection (b)(1), a statement that absence from work is medically necessary; (II) for purposes of such time under subsection (b)(2), the dates on which testing for a medical diagnosis or care is expected to be given and the duration of such testing or care; and (III) for purposes of such time under subsection (b)(3), in the case of time to care for someone who is not a child, a statement that care is needed for an individual described in such subsection, and an estimate of the amount of time that such care is needed for such individual. (C) Regulations \nRegulations prescribed under section 12 shall specify the manner in which an employee who does not have health insurance shall provide a certification for purposes of this paragraph. (D) Confidentiality and nondisclosure \n(i) Protected health information \nNothing in this Act shall be construed to require a health care provider to disclose information in violation of section 1177 of the Social Security Act ( 42 U.S.C. 1320d–6 ) or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). (ii) Health information records \nIf an employer possesses health information about an employee or an employee’s child, parent, spouse, domestic partner, or an individual related to the employee as described in subsection (b)(3), such information shall— (I) be maintained on a separate form and in a separate file from other personnel information; (II) be treated as a confidential medical record; and (III) not be disclosed except to the affected employee or with the permission of the affected employee. (3) Certification in the case of domestic violence, sexual assault, or stalking \n(A) In general \nAn employer may require that a request for paid sick time under this section for a purpose described in subsection (b)(4) be supported by a form of documentation described in subparagraph (B) if the period of such time covers more than 3 consecutive workdays. (B) Form of documentation \nA form of documentation described in this subparagraph is any one of the following: (i) A police report indicating that the employee, or an individual described in subsection (b)(4)(A) with respect to the employee, was a victim of domestic violence, sexual assault, or stalking. (ii) A court order protecting or separating the employee, or such an individual with respect to the employee, from the perpetrator of an act of domestic violence, sexual assault, or stalking, or other evidence from the court or prosecuting attorney that the employee, or an individual described in subsection (b)(4)(A) with respect to the employee, has appeared in court or is scheduled to appear in court in a proceeding related to domestic violence, sexual assault, or stalking. (iii) Other documentation signed by an employee or volunteer working for a victim services organization, an attorney, a police officer, a medical professional, a social worker, an antiviolence counselor, or a member of the clergy, affirming that the employee, or an individual described in subsection (b)(4)(A) with respect to the employee, is a victim of domestic violence, sexual assault, or stalking. (C) Requirements \nThe requirements of paragraph (2) shall apply to certifications under this paragraph, except that— (i) subparagraph (B)(iii) of such paragraph shall not apply; (ii) the certification shall state the reason that the leave is required with the facts to be disclosed limited to the minimum necessary to establish a need for the employee to be absent from work, and the employee shall not be required to explain the details of the domestic violence, sexual assault, or stalking involved; and (iii) with respect to confidentiality under subparagraph (D) of such paragraph, any information provided to the employer under this paragraph shall be confidential, except to the extent that any disclosure of such information is— (I) requested or consented to in writing by the employee; or (II) otherwise required by applicable Federal or State law. (D) Specification of documentation \nAn employer may not specify which of the forms of documentation described in clause (i), (ii), or (iii) of subparagraph (B) is required to be provided in order to satisfy the requirement under subparagraph (A).", "id": "H5500BD8D66C444CCBB8140F238C7D8D4", "header": "Procedures", "nested": [], "links": [ { "text": "42 U.S.C. 1320d–6", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-6" }, { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" } ] } ], "links": [ { "text": "29 U.S.C. 213(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/29/213" }, { "text": "42 U.S.C. 1320d–6", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-6" }, { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" } ] }, { "text": "4. Notice requirement \n(a) In general \nEach employer shall notify each employee and include in any employee handbook, information— (1) describing paid sick time available to employees under this Act; (2) pertaining to the filing of an action under this Act; (3) on the details of the notice requirement for a foreseeable period of time under section 3(d)(1)(B)(i); and (4) that describes— (A) the protections that an employee has in exercising rights under this Act; and (B) how the employee can contact the Secretary (or other appropriate authority as described in section 6) if any of the rights are violated. (b) Posting of notice \nEach employer shall post and keep posted a notice, to be prepared or approved in accordance with procedures specified in regulations prescribed under section 12, setting forth excerpts from, or summaries of, the pertinent provisions of this Act including the information described in paragraphs (1) through (4) of subsection (a). (c) Location \nThe notice described under subsection (b) shall be posted— (1) in conspicuous places on the premises of the employer, where notices to employees (including applicants) are customarily posted; and (2) in employee handbooks. (d) Violation; penalty \nAny employer who willfully violates subsection (b) shall be subject to a civil fine in an amount not to exceed $100 for each separate offense.", "id": "H594BF40ED41A4AE5BA62B5F435F772FF", "header": "Notice requirement", "nested": [ { "text": "(a) In general \nEach employer shall notify each employee and include in any employee handbook, information— (1) describing paid sick time available to employees under this Act; (2) pertaining to the filing of an action under this Act; (3) on the details of the notice requirement for a foreseeable period of time under section 3(d)(1)(B)(i); and (4) that describes— (A) the protections that an employee has in exercising rights under this Act; and (B) how the employee can contact the Secretary (or other appropriate authority as described in section 6) if any of the rights are violated.", "id": "H71A5590839F545C7B59285A2300D5FA2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Posting of notice \nEach employer shall post and keep posted a notice, to be prepared or approved in accordance with procedures specified in regulations prescribed under section 12, setting forth excerpts from, or summaries of, the pertinent provisions of this Act including the information described in paragraphs (1) through (4) of subsection (a).", "id": "idf8f7f9a3f0f14f78a6ff7c08df84e20b", "header": "Posting of notice", "nested": [], "links": [] }, { "text": "(c) Location \nThe notice described under subsection (b) shall be posted— (1) in conspicuous places on the premises of the employer, where notices to employees (including applicants) are customarily posted; and (2) in employee handbooks.", "id": "HCEE547965D1A4F86A2317B09D8E38E1E", "header": "Location", "nested": [], "links": [] }, { "text": "(d) Violation; penalty \nAny employer who willfully violates subsection (b) shall be subject to a civil fine in an amount not to exceed $100 for each separate offense.", "id": "H2DDC31DCE2144B939FABA2B7FC879EED", "header": "Violation; penalty", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Prohibited acts \n(a) Interference with rights \n(1) Exercise of rights \nIt shall be unlawful for any employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this Act, including— (A) discharging or discriminating against (including retaliating against) any individual, including a job applicant, for exercising, or attempting to exercise, any right provided under this Act; (B) using the taking of paid sick time or unpaid sick time under this Act as a negative factor in an employment action, such as hiring, promotion, reducing hours or number of shifts, or a disciplinary action; or (C) counting the paid sick time or unpaid sick time under a no-fault attendance policy or any other absence-control policy. (2) Discrimination \nIt shall be unlawful for any employer to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, for opposing any practice made unlawful by this Act. (b) Interference with proceedings or inquiries \nIt shall be unlawful for any person to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, because such individual— (1) has filed an action, or has instituted or caused to be instituted any proceeding, under or related to this Act; (2) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or (3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act. (c) Construction \nNothing in this section shall be construed to state or imply that the scope of the activities prohibited by section 105 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2615 ) is less than the scope of the activities prohibited by this section.", "id": "H61436B23F6954DAFA881C3FA603F7430", "header": "Prohibited acts", "nested": [ { "text": "(a) Interference with rights \n(1) Exercise of rights \nIt shall be unlawful for any employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this Act, including— (A) discharging or discriminating against (including retaliating against) any individual, including a job applicant, for exercising, or attempting to exercise, any right provided under this Act; (B) using the taking of paid sick time or unpaid sick time under this Act as a negative factor in an employment action, such as hiring, promotion, reducing hours or number of shifts, or a disciplinary action; or (C) counting the paid sick time or unpaid sick time under a no-fault attendance policy or any other absence-control policy. (2) Discrimination \nIt shall be unlawful for any employer to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, for opposing any practice made unlawful by this Act.", "id": "HBCC89D3D64014724B461E11640279911", "header": "Interference with rights", "nested": [], "links": [] }, { "text": "(b) Interference with proceedings or inquiries \nIt shall be unlawful for any person to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, because such individual— (1) has filed an action, or has instituted or caused to be instituted any proceeding, under or related to this Act; (2) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or (3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act.", "id": "H69A48DF16DA2418DAFACEC7E6A7F28DC", "header": "Interference with proceedings or inquiries", "nested": [], "links": [] }, { "text": "(c) Construction \nNothing in this section shall be construed to state or imply that the scope of the activities prohibited by section 105 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2615 ) is less than the scope of the activities prohibited by this section.", "id": "HBEE74C053D674215802C71FF57464C2A", "header": "Construction", "nested": [], "links": [ { "text": "29 U.S.C. 2615", "legal-doc": "usc", "parsable-cite": "usc/29/2615" } ] } ], "links": [ { "text": "29 U.S.C. 2615", "legal-doc": "usc", "parsable-cite": "usc/29/2615" } ] }, { "text": "6. Enforcement authority \n(a) In general \n(1) Definition \nIn this subsection— (A) the term employee means an employee described in subparagraph (A) or (B) of section 2(5); and (B) the term employer means an employer described in subclause (I) or (II) of section 2(6)(A)(i). (2) Investigative authority \n(A) In general \nTo ensure compliance with the provisions of this Act, or any regulation or order issued under this Act, the Secretary shall have, subject to subparagraph (C), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) ), with respect to employers, employees, and other individuals affected by an employer. (B) Obligation to keep and preserve records \nAn employer shall make, keep, and preserve records pertaining to compliance with this Act in accordance with section 11(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(c) ) and in accordance with regulations prescribed by the Secretary. (C) Required submissions generally limited to an annual basis \nThe Secretary shall not require, under the authority of this paragraph, an employer to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this Act or any regulation or order issued pursuant to this Act, or is investigating a charge pursuant to paragraph (4). (D) Subpoena authority \nFor the purposes of any investigation provided for in this paragraph, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 ). (3) Civil action by employees or individuals \n(A) Right of action \nAn action to recover the damages or equitable relief prescribed in subparagraph (B) may be maintained against any employer in any Federal or State court of competent jurisdiction by an employee or individual or a representative for and on behalf of— (i) the employee or individual; or (ii) the employee or individual and others similarly situated. (B) Liability \nAny employer who violates section 5 (including a violation relating to rights provided under section 3) shall be liable to any employee or individual affected— (i) for damages equal to— (I) the amount of— (aa) any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost, any actual monetary losses sustained as a direct result of the violation up to a sum equal to 56 hours of wages or salary for the employee or individual; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; and (III) an additional amount as liquidated damages; and (ii) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (C) Fees and costs \nThe court in an action under this paragraph shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Action by the Secretary \n(A) Administrative action \nThe Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 5 (including a violation relating to rights provided under section 3) in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). (B) Civil action \nThe Secretary may bring an action in any court of competent jurisdiction to recover the damages described in paragraph (3)(B)(i). (C) Sums recovered \nAny sums recovered by the Secretary pursuant to subparagraph (B) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee or individual affected. Any such sums not paid to an employee or individual affected because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts. (5) Limitation \n(A) In general \nExcept as provided in subparagraph (B), an action may be brought under paragraph (3), (4), or (6) not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (B) Willful violation \nIn the case of an action brought for a willful violation of section 5 (including a willful violation relating to rights provided under section 3), such action may be brought not later than 3 years after of the last event constituting the alleged violation for which such action is brought. (C) Commencement \nIn determining when an action is commenced under paragraph (3), (4), or (6) for the purposes of this paragraph, it shall be considered to be commenced on the date when the complaint is filed. (6) Action for injunction by Secretary \nThe district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary— (A) to restrain violations of section 5 (including a violation relating to rights provided under section 3), including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to employees or individuals eligible under this Act; or (B) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. (7) Solicitor of Labor \nThe Solicitor of Labor may appear for and represent the Secretary on any litigation brought under paragraph (4) or (6). (8) Government Accountability Office and Library of Congress \nNotwithstanding any other provision of this subsection, in the case of the Government Accountability Office and the Library of Congress, the authority of the Secretary of Labor under this subsection shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress. (b) Employees covered by Congressional Accountability Act of 1995 \nThe powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) to the Board (as defined in section 101 of that Act ( 2 U.S.C. 1301 )), or any person, alleging a violation of section 202(a)(1) of that Act ( 2 U.S.C. 1312(a)(1) ) shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging an unlawful employment practice in violation of this Act against an employee described in section 2(5)(C). (c) Employees covered by chapter 5 of title 3 , United States Code \nThe powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Merit Systems Protection Board, or any person, alleging a violation of section 412(a)(1) of that title, shall be the powers, remedies, and procedures this Act provides to the President, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 2(5)(D). (d) Employees covered by chapter 63 of title 5, United States Code \nThe powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this Act provides to that agency, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 2(5)(E). (e) Remedies for State employees \n(1) Waiver of sovereign immunity \nA State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution or otherwise, to a suit brought by an employee of that program or activity under this Act for equitable, legal, or other relief authorized under this Act. (2) Official capacity \nAn official of a State may be sued in the official capacity of the official by any employee who has complied with the procedures under subsection (a)(3), for injunctive relief that is authorized under this Act. In such a suit the court may award to the prevailing party those costs authorized by section 722 of the Revised Statutes ( 42 U.S.C. 1988 ). (3) Applicability \nWith respect to a particular program or activity, paragraph (1) applies to conduct occurring on or after the day, after the date of enactment of this Act, on which a State first receives or uses Federal financial assistance for that program or activity. (4) Definition of program or activity \nIn this subsection, the term program or activity has the meaning given the term in section 606 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–4a ).", "id": "H896C74EBBF5D42B6A61B7640996B5F9F", "header": "Enforcement authority", "nested": [ { "text": "(a) In general \n(1) Definition \nIn this subsection— (A) the term employee means an employee described in subparagraph (A) or (B) of section 2(5); and (B) the term employer means an employer described in subclause (I) or (II) of section 2(6)(A)(i). (2) Investigative authority \n(A) In general \nTo ensure compliance with the provisions of this Act, or any regulation or order issued under this Act, the Secretary shall have, subject to subparagraph (C), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) ), with respect to employers, employees, and other individuals affected by an employer. (B) Obligation to keep and preserve records \nAn employer shall make, keep, and preserve records pertaining to compliance with this Act in accordance with section 11(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(c) ) and in accordance with regulations prescribed by the Secretary. (C) Required submissions generally limited to an annual basis \nThe Secretary shall not require, under the authority of this paragraph, an employer to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this Act or any regulation or order issued pursuant to this Act, or is investigating a charge pursuant to paragraph (4). (D) Subpoena authority \nFor the purposes of any investigation provided for in this paragraph, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 ). (3) Civil action by employees or individuals \n(A) Right of action \nAn action to recover the damages or equitable relief prescribed in subparagraph (B) may be maintained against any employer in any Federal or State court of competent jurisdiction by an employee or individual or a representative for and on behalf of— (i) the employee or individual; or (ii) the employee or individual and others similarly situated. (B) Liability \nAny employer who violates section 5 (including a violation relating to rights provided under section 3) shall be liable to any employee or individual affected— (i) for damages equal to— (I) the amount of— (aa) any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost, any actual monetary losses sustained as a direct result of the violation up to a sum equal to 56 hours of wages or salary for the employee or individual; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; and (III) an additional amount as liquidated damages; and (ii) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (C) Fees and costs \nThe court in an action under this paragraph shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Action by the Secretary \n(A) Administrative action \nThe Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 5 (including a violation relating to rights provided under section 3) in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). (B) Civil action \nThe Secretary may bring an action in any court of competent jurisdiction to recover the damages described in paragraph (3)(B)(i). (C) Sums recovered \nAny sums recovered by the Secretary pursuant to subparagraph (B) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee or individual affected. Any such sums not paid to an employee or individual affected because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts. (5) Limitation \n(A) In general \nExcept as provided in subparagraph (B), an action may be brought under paragraph (3), (4), or (6) not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (B) Willful violation \nIn the case of an action brought for a willful violation of section 5 (including a willful violation relating to rights provided under section 3), such action may be brought not later than 3 years after of the last event constituting the alleged violation for which such action is brought. (C) Commencement \nIn determining when an action is commenced under paragraph (3), (4), or (6) for the purposes of this paragraph, it shall be considered to be commenced on the date when the complaint is filed. (6) Action for injunction by Secretary \nThe district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary— (A) to restrain violations of section 5 (including a violation relating to rights provided under section 3), including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to employees or individuals eligible under this Act; or (B) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. (7) Solicitor of Labor \nThe Solicitor of Labor may appear for and represent the Secretary on any litigation brought under paragraph (4) or (6). (8) Government Accountability Office and Library of Congress \nNotwithstanding any other provision of this subsection, in the case of the Government Accountability Office and the Library of Congress, the authority of the Secretary of Labor under this subsection shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress.", "id": "H0A0A65E64779424BAB2A62FE9164535C", "header": "In general", "nested": [], "links": [ { "text": "29 U.S.C. 211(a)", "legal-doc": "usc", "parsable-cite": "usc/29/211" }, { "text": "29 U.S.C. 211(c)", "legal-doc": "usc", "parsable-cite": "usc/29/211" }, { "text": "29 U.S.C. 209", "legal-doc": "usc", "parsable-cite": "usc/29/209" } ] }, { "text": "(b) Employees covered by Congressional Accountability Act of 1995 \nThe powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) to the Board (as defined in section 101 of that Act ( 2 U.S.C. 1301 )), or any person, alleging a violation of section 202(a)(1) of that Act ( 2 U.S.C. 1312(a)(1) ) shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging an unlawful employment practice in violation of this Act against an employee described in section 2(5)(C).", "id": "H8405466C379E42DABFFD658D8B76E110", "header": "Employees covered by Congressional Accountability Act of 1995", "nested": [], "links": [ { "text": "2 U.S.C. 1301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/2/1301" }, { "text": "2 U.S.C. 1301", "legal-doc": "usc", "parsable-cite": "usc/2/1301" }, { "text": "2 U.S.C. 1312(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/2/1312" } ] }, { "text": "(c) Employees covered by chapter 5 of title 3 , United States Code \nThe powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Merit Systems Protection Board, or any person, alleging a violation of section 412(a)(1) of that title, shall be the powers, remedies, and procedures this Act provides to the President, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 2(5)(D).", "id": "H2D86D8F93A89442C8CE14A9F8F11109F", "header": "Employees covered by chapter 5 of title 3, United States Code", "nested": [], "links": [ { "text": "chapter 5", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/3/5" } ] }, { "text": "(d) Employees covered by chapter 63 of title 5, United States Code \nThe powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this Act provides to that agency, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 2(5)(E).", "id": "H37E613C9827E4F8AAE89C7A2A52564D4", "header": "Employees covered by chapter 63 of title 5, United States Code", "nested": [], "links": [] }, { "text": "(e) Remedies for State employees \n(1) Waiver of sovereign immunity \nA State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution or otherwise, to a suit brought by an employee of that program or activity under this Act for equitable, legal, or other relief authorized under this Act. (2) Official capacity \nAn official of a State may be sued in the official capacity of the official by any employee who has complied with the procedures under subsection (a)(3), for injunctive relief that is authorized under this Act. In such a suit the court may award to the prevailing party those costs authorized by section 722 of the Revised Statutes ( 42 U.S.C. 1988 ). (3) Applicability \nWith respect to a particular program or activity, paragraph (1) applies to conduct occurring on or after the day, after the date of enactment of this Act, on which a State first receives or uses Federal financial assistance for that program or activity. (4) Definition of program or activity \nIn this subsection, the term program or activity has the meaning given the term in section 606 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–4a ).", "id": "HBA89E47C73094B1DB95E8EFAF7F4DDE3", "header": "Remedies for State employees", "nested": [], "links": [ { "text": "42 U.S.C. 1988", "legal-doc": "usc", "parsable-cite": "usc/42/1988" }, { "text": "42 U.S.C. 2000d–4a", "legal-doc": "usc", "parsable-cite": "usc/42/2000d-4a" } ] } ], "links": [ { "text": "29 U.S.C. 211(a)", "legal-doc": "usc", "parsable-cite": "usc/29/211" }, { "text": "29 U.S.C. 211(c)", "legal-doc": "usc", "parsable-cite": "usc/29/211" }, { "text": "29 U.S.C. 209", "legal-doc": "usc", "parsable-cite": "usc/29/209" }, { "text": "2 U.S.C. 1301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/2/1301" }, { "text": "2 U.S.C. 1301", "legal-doc": "usc", "parsable-cite": "usc/2/1301" }, { "text": "2 U.S.C. 1312(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/2/1312" }, { "text": "chapter 5", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/3/5" }, { "text": "42 U.S.C. 1988", "legal-doc": "usc", "parsable-cite": "usc/42/1988" }, { "text": "42 U.S.C. 2000d–4a", "legal-doc": "usc", "parsable-cite": "usc/42/2000d-4a" } ] }, { "text": "7. Education and outreach \n(a) In general \nThe Secretary may conduct a public awareness campaign to educate and inform the public of the requirements for paid sick time required by this Act. (b) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary such sums as may be necessary to carry out such campaign.", "id": "H835463189E2F45E5AD37686BA19AE239", "header": "Education and outreach", "nested": [ { "text": "(a) In general \nThe Secretary may conduct a public awareness campaign to educate and inform the public of the requirements for paid sick time required by this Act.", "id": "id3a5848b1a7674202b9d6db1f1b6e1e58", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary such sums as may be necessary to carry out such campaign.", "id": "id882a9aaf39ac4673bb763e11b6845ee3", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Collection of data on paid sick time and further study \n(a) Compilation of information \nThe Commissioner of Labor Statistics of the Department of Labor shall annually compile and report to the Comptroller General of the United States information on— (1) the amount of paid and unpaid sick time available to employees by occupation and type of employment establishment; and (2) an estimate of the average sick time used by employees according to occupation and the type of employment establishment. (b) GAO study \n(1) In general \nNot later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study to evaluate the implementation of this Act. Such study shall include an estimation of employees’ access to paid sick time, employees’ awareness of their rights under this Act, and employers’ experiences complying with this Act. Such study shall take into account access, awareness and experiences of employees by race, ethnicity, gender, and occupation. (2) Report \nUpon completion of the study required by paragraph (1), the Comptroller General of the United States shall prepare and submit a report to the appropriate committees of Congress concerning the results of the study and the information compiled pursuant to subsection (a). (c) Report on rail carrier enforcement \nNot later than 3 years after the date of enactment of this Act, the Secretary shall submit a report to Congress on any action by the Secretary under section 6(a) with respect to employers described in section 2(6)(B)(i)(V) providing paid sick time to employees described in section 2(5)(A)(iii).", "id": "H5FBEBCB2888D4EC8993334F210AC1083", "header": "Collection of data on paid sick time and further study", "nested": [ { "text": "(a) Compilation of information \nThe Commissioner of Labor Statistics of the Department of Labor shall annually compile and report to the Comptroller General of the United States information on— (1) the amount of paid and unpaid sick time available to employees by occupation and type of employment establishment; and (2) an estimate of the average sick time used by employees according to occupation and the type of employment establishment.", "id": "H4AEF12216C87434895A8AD0A73D937D7", "header": "Compilation of information", "nested": [], "links": [] }, { "text": "(b) GAO study \n(1) In general \nNot later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study to evaluate the implementation of this Act. Such study shall include an estimation of employees’ access to paid sick time, employees’ awareness of their rights under this Act, and employers’ experiences complying with this Act. Such study shall take into account access, awareness and experiences of employees by race, ethnicity, gender, and occupation. (2) Report \nUpon completion of the study required by paragraph (1), the Comptroller General of the United States shall prepare and submit a report to the appropriate committees of Congress concerning the results of the study and the information compiled pursuant to subsection (a).", "id": "H13C8783441F2454185288FD4C25B17BE", "header": "GAO study", "nested": [], "links": [] }, { "text": "(c) Report on rail carrier enforcement \nNot later than 3 years after the date of enactment of this Act, the Secretary shall submit a report to Congress on any action by the Secretary under section 6(a) with respect to employers described in section 2(6)(B)(i)(V) providing paid sick time to employees described in section 2(5)(A)(iii).", "id": "idf835f203c5ed48558088dea7e15e4743", "header": "Report on rail carrier enforcement", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Effect on other laws \n(a) Federal and State antidiscrimination laws \nNothing in this Act shall be construed to modify or affect any Federal or State law prohibiting discrimination on the basis of race, religion, color, national origin, sex, age, disability, sexual orientation, gender identity, marital status, familial status, or any other protected status. (b) State and local laws \nNothing in this Act shall be construed to supersede (including preempting) any provision of any State or local law that provides greater paid sick time or leave rights (including greater amounts of paid sick time or leave or greater coverage of those eligible for paid sick time or leave) than the rights established under this Act.", "id": "HF010F2D4DA9F4BB19CAA76361537D6B0", "header": "Effect on other laws", "nested": [ { "text": "(a) Federal and State antidiscrimination laws \nNothing in this Act shall be construed to modify or affect any Federal or State law prohibiting discrimination on the basis of race, religion, color, national origin, sex, age, disability, sexual orientation, gender identity, marital status, familial status, or any other protected status.", "id": "H0C062D8055714B22BC7A5AE7D26E88D6", "header": "Federal and State antidiscrimination laws", "nested": [], "links": [] }, { "text": "(b) State and local laws \nNothing in this Act shall be construed to supersede (including preempting) any provision of any State or local law that provides greater paid sick time or leave rights (including greater amounts of paid sick time or leave or greater coverage of those eligible for paid sick time or leave) than the rights established under this Act.", "id": "HD95A5E56B5144D608587AA12FCF2DE1B", "header": "State and local laws", "nested": [], "links": [] } ], "links": [] }, { "text": "10. Effect on existing employment benefits \n(a) More protective \nNothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that provides greater paid sick leave or other leave rights to employees or individuals than the rights established under this Act. (b) Less protective \nThe rights established for employees under this Act shall not be diminished by any contract, collective bargaining agreement, or any employment benefit program or plan.", "id": "HC4165356B6944F38ABD89BB73D56328C", "header": "Effect on existing employment benefits", "nested": [ { "text": "(a) More protective \nNothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that provides greater paid sick leave or other leave rights to employees or individuals than the rights established under this Act.", "id": "H7133617A2D0641D38033528574659799", "header": "More protective", "nested": [], "links": [] }, { "text": "(b) Less protective \nThe rights established for employees under this Act shall not be diminished by any contract, collective bargaining agreement, or any employment benefit program or plan.", "id": "HCFBEF1378D014532A4D9357E30F9A034", "header": "Less protective", "nested": [], "links": [] } ], "links": [] }, { "text": "11. Encouragement of more generous leave policies \nNothing in this Act shall be construed to discourage employers from adopting or retaining leave policies more generous than policies that comply with the requirements of this Act.", "id": "H868E0B9F819C44FAA9DBB3F01F495DF1", "header": "Encouragement of more generous leave policies", "nested": [], "links": [] }, { "text": "12. Regulations \n(a) In general \n(1) Authority \nExcept as provided in paragraph (2), not later than 180 days after the date of enactment of this Act, the Secretary shall prescribe such regulations as are necessary to carry out this Act with respect to employees described in subparagraph (A) or (B) of section 2(5) and other individuals affected by employers described in subclause (I) or (II) of section 2(6)(A)(i). (2) Government Accountability Office; Library of Congress \nThe Comptroller General of the United States and the Librarian of Congress shall prescribe the regulations with respect to employees of the Government Accountability Office and the Library of Congress, respectively, and other individuals affected by the Comptroller General of the United States and the Librarian of Congress, respectively. (b) Employees covered by Congressional Accountability Act of 1995 \n(1) Authority \nNot later than 90 days after the Secretary prescribes regulations under subsection (a), the Board of Directors of the Office of Compliance shall prescribe (in accordance with section 304 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1384 )) such regulations as are necessary to carry out this Act with respect to employees described in section 2(5)(C) and other individuals affected by employers described in section 2(6)(A)(i)(III). (2) Agency regulations \nThe regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this Act except insofar as the Board may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (c) Employees covered by chapter 5 of title 3 , United States Code \n(1) Authority \nNot later than 90 days after the Secretary prescribes regulations under subsection (a), the President (or the designee of the President) shall prescribe such regulations as are necessary to carry out this Act with respect to employees described in section 2(5)(D) and other individuals affected by employers described in section 2(6)(A)(i)(IV). (2) Agency regulations \nThe regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this Act except insofar as the President (or designee) may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (d) Employees covered by chapter 63 of title 5 , United States Code \n(1) Authority \nNot later than 90 days after the Secretary prescribes regulations under subsection (a), the Director of the Office of Personnel Management shall prescribe such regulations as are necessary to carry out this Act with respect to employees described in section 2(5)(E) and other individuals affected by employers described in section 2(6)(A)(i)(V). (2) Agency regulations \nThe regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this Act except insofar as the Director may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section.", "id": "HFD7BB00E6C3442E4A5981DF8C1641473", "header": "Regulations", "nested": [ { "text": "(a) In general \n(1) Authority \nExcept as provided in paragraph (2), not later than 180 days after the date of enactment of this Act, the Secretary shall prescribe such regulations as are necessary to carry out this Act with respect to employees described in subparagraph (A) or (B) of section 2(5) and other individuals affected by employers described in subclause (I) or (II) of section 2(6)(A)(i). (2) Government Accountability Office; Library of Congress \nThe Comptroller General of the United States and the Librarian of Congress shall prescribe the regulations with respect to employees of the Government Accountability Office and the Library of Congress, respectively, and other individuals affected by the Comptroller General of the United States and the Librarian of Congress, respectively.", "id": "H89D3853B2CDE451A8B0988859E1DAE41", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Employees covered by Congressional Accountability Act of 1995 \n(1) Authority \nNot later than 90 days after the Secretary prescribes regulations under subsection (a), the Board of Directors of the Office of Compliance shall prescribe (in accordance with section 304 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1384 )) such regulations as are necessary to carry out this Act with respect to employees described in section 2(5)(C) and other individuals affected by employers described in section 2(6)(A)(i)(III). (2) Agency regulations \nThe regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this Act except insofar as the Board may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section.", "id": "H71B902E6108B4F31A2B03E918F052AA5", "header": "Employees covered by Congressional Accountability Act of 1995", "nested": [], "links": [ { "text": "2 U.S.C. 1384", "legal-doc": "usc", "parsable-cite": "usc/2/1384" } ] }, { "text": "(c) Employees covered by chapter 5 of title 3 , United States Code \n(1) Authority \nNot later than 90 days after the Secretary prescribes regulations under subsection (a), the President (or the designee of the President) shall prescribe such regulations as are necessary to carry out this Act with respect to employees described in section 2(5)(D) and other individuals affected by employers described in section 2(6)(A)(i)(IV). (2) Agency regulations \nThe regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this Act except insofar as the President (or designee) may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section.", "id": "H47FD906A24E54C189BE5DB703BFC8764", "header": "Employees covered by chapter 5 of title 3, United States Code", "nested": [], "links": [] }, { "text": "(d) Employees covered by chapter 63 of title 5 , United States Code \n(1) Authority \nNot later than 90 days after the Secretary prescribes regulations under subsection (a), the Director of the Office of Personnel Management shall prescribe such regulations as are necessary to carry out this Act with respect to employees described in section 2(5)(E) and other individuals affected by employers described in section 2(6)(A)(i)(V). (2) Agency regulations \nThe regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this Act except insofar as the Director may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section.", "id": "HB3AAA843D98A43EB9C69630CA7274359", "header": "Employees covered by chapter 63 of title 5, United States Code", "nested": [], "links": [] } ], "links": [ { "text": "2 U.S.C. 1384", "legal-doc": "usc", "parsable-cite": "usc/2/1384" } ] }, { "text": "13. Effective dates \n(a) Effective date \nThis Act shall take effect 6 months after the date of issuance of regulations under section 12(a)(1). (b) Collective bargaining agreements \nIn the case of a collective bargaining agreement in effect on the effective date prescribed by subsection (a), this Act shall take effect on the earlier of— (1) the date of the termination of such agreement; (2) the date of any amendment, made on or after such effective date, to such agreement; or (3) the date that occurs 18 months after the date of issuance of regulations under section 12(a)(1).", "id": "HF7C09CC405F64E8DA395FE60DDF641EA", "header": "Effective dates", "nested": [ { "text": "(a) Effective date \nThis Act shall take effect 6 months after the date of issuance of regulations under section 12(a)(1).", "id": "H0A298E29DC5447CCA9071A0888C68B26", "header": "Effective date", "nested": [], "links": [] }, { "text": "(b) Collective bargaining agreements \nIn the case of a collective bargaining agreement in effect on the effective date prescribed by subsection (a), this Act shall take effect on the earlier of— (1) the date of the termination of such agreement; (2) the date of any amendment, made on or after such effective date, to such agreement; or (3) the date that occurs 18 months after the date of issuance of regulations under section 12(a)(1).", "id": "HC1F7D96B13C04BD68F59E8F1096B7F00", "header": "Collective bargaining agreements", "nested": [], "links": [] } ], "links": [] } ]

[ "Administrative law and regulatory procedures", "Assault and harassment offenses", "Civil actions and liability", "Congressional agencies", "Congressional officers and employees", "Congressional oversight", "Department of Labor", "Domestic violence and child abuse", "Employee leave", "Employment discrimination and employee rights", "Government Accountability Office (GAO)", "Government employee pay, benefits, personnel management", "Government information and archives", "Government liability", "Government studies and investigations", "Library of Congress", "Marriage and family status", "Medical tests and diagnostic methods", "Merit Systems Protection Board", "Sex offenses", "Small business", "State and local government operations" ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Children and Teens’ Online Privacy Protection Act. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Online collection, use, and disclosure of personal information of children and teens. Sec. 4. Fair Information Practices Principles. Sec. 5. Digital Marketing Bill of Rights for Teens. Sec. 6. Targeted marketing to children or teens. Sec. 7. Removal of content. Sec. 8. Rule for treatment of users of websites, services, and applications directed to children or teens. Sec. 9. Study of mobile and online application oversight. Sec. 10. Youth Privacy and Marketing Division. Sec. 11. Enforcement and applicability. Sec. 12. GAO study.", "id": "id4904b1f5-5f36-492d-93c6-d2ae9ae45529", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Children and Teens’ Online Privacy Protection Act.", "id": "id5a1ef470-bd80-4e08-97ae-6ebe2b40ab2a", "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. Sec. 3. Online collection, use, and disclosure of personal information of children and teens. Sec. 4. Fair Information Practices Principles. Sec. 5. Digital Marketing Bill of Rights for Teens. Sec. 6. Targeted marketing to children or teens. Sec. 7. Removal of content. Sec. 8. Rule for treatment of users of websites, services, and applications directed to children or teens. Sec. 9. Study of mobile and online application oversight. Sec. 10. Youth Privacy and Marketing Division. Sec. 11. Enforcement and applicability. Sec. 12. GAO study.", "id": "idaa1be6d0-c9de-4cf3-a839-b8edfcd259a6", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Definitions \n(a) In general \nIn this Act: (1) Commission \nThe term Commission means the Federal Trade Commission. (2) Standards \nThe term standards means benchmarks, guidelines, best practices, methodologies, procedures, and processes. (b) Other definitions \nThe definitions set forth in section 1302 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 ), as amended by section 3(a) of this Act, shall apply in this Act, except to the extent the Commission provides otherwise by regulations issued under section 553 of title 5, United States Code.", "id": "id182e8d94-da4a-418d-ad08-4d92c8ce83ca", "header": "Definitions", "nested": [ { "text": "(a) In general \nIn this Act: (1) Commission \nThe term Commission means the Federal Trade Commission. (2) Standards \nThe term standards means benchmarks, guidelines, best practices, methodologies, procedures, and processes.", "id": "id13c52eb3-2af5-4448-8493-9275efcd5f8c", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Other definitions \nThe definitions set forth in section 1302 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 ), as amended by section 3(a) of this Act, shall apply in this Act, except to the extent the Commission provides otherwise by regulations issued under section 553 of title 5, United States Code.", "id": "ide9fd6dc9-50a6-49a2-af36-4fff58fe6f45", "header": "Other definitions", "nested": [], "links": [ { "text": "15 U.S.C. 6501", "legal-doc": "usc", "parsable-cite": "usc/15/6501" } ] } ], "links": [ { "text": "15 U.S.C. 6501", "legal-doc": "usc", "parsable-cite": "usc/15/6501" } ] }, { "text": "3. Online collection, use, and disclosure of personal information of children and teens \n(a) Definitions \nSection 1302 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 ) is amended— (1) by amending paragraph (2) to read as follows: (2) Operator \nThe term operator — (A) means any person— (i) who, for commercial purposes, in interstate or foreign commerce operates or provides a website on the internet, an online service, an online application, a mobile application, or a connected device; and (ii) who— (I) collects or maintains, either directly or through a service provider, personal information from or about the users of that website, service, application, or connected device; (II) allows another person to collect personal information directly from users of that website, service, application, or connected device (in which case, the operator is deemed to have collected the information); or (III) allows users of that website, service, application, or connected device to publicly disclose personal information (in which case, the operator is deemed to have collected the information); and (B) does not include any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ). ; (2) in paragraph (4)— (A) by amending subparagraph (A) to read as follows: (A) the release of personal information collected from a child or teen for any purpose, except where the personal information is provided to a person other than an operator who— (i) provides support for the internal operations of the website, online service, online application, mobile application, or connected device of the operator, excluding any activity relating to targeted marketing directed to children, teens, or connected devices; and (ii) does not disclose or use that personal information for any other purpose; and ; and (B) in subparagraph (B)— (i) by inserting or teen after child each place the term appears; (ii) by inserting or teens after children ; and (iii) by striking website or online service and inserting website, online service, online application, mobile application, or connected device ; (3) in paragraph (8), by striking subparagraphs (F) and (G) and inserting the following: (F) geolocation information; (G) information generated from the measurement or technological processing of an individual's biological, physical, or physiological characteristics, including— (i) fingerprints; (ii) voice prints; (iii) iris or retina imagery scans; (iv) facial imagery or templates; (v) deoxyribonucleic acid (DNA) information; or (vi) gait; (H) information reasonably associated with or attributed to a child or teen; (I) information (including an internet protocol address) that permits the identification of— (i) an individual; or (ii) any device used by an individual to directly or indirectly access the internet or an online service, online application, mobile application, or connected device; or (J) information concerning a child or teen or the parents of that child or teen (including any unique or substantially unique identifier, such as a customer number) that an operator collects online from the child or teen and combines with an identifier described in this paragraph. ; (4) by amending paragraph (9) to read as follows: (9) Verifiable consent \nThe term verifiable consent means any reasonable effort (taking into consideration available technology), including a request for authorization for future collection, use, and disclosure described in the notice, to ensure that, in the case of a child, a parent of the child, or, in the case of a teen, the teen— (A) receives specific notice of the personal information collection, use, and disclosure practices of the operator; and (B) before the personal information of the child or teen is collected, freely and unambiguously authorizes— (i) the collection, use, and disclosure, as applicable, of that personal information; and (ii) any subsequent use of that personal information. ; (5) by striking paragraph (10) and redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively; and (6) by adding at the end the following: (12) Connected device \nThe term connected device means a device that is capable of connecting to the internet, directly or indirectly, or to another connected device. (13) Online application \nThe term online application — (A) means an internet-connected software program; and (B) includes a service or application offered via a connected device. (14) Online service \n(A) In general \nThe term online service means a mass-market retail service by wire or radio that provides the capability to transmit data and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of a communications service, but excluding dial-up Internet service. (B) Scope \nSuch term includes— (i) any service that the Federal Communications Commission finds to be providing a functionally equivalent service to a service described in subparagraph (A); and (ii) a service or application offered via a connected device. (15) Directed to children or teens \n(A) In general \nThe terms directed to children , directed to teens , and directed to children or teens mean, with respect to a website, online service, online application, mobile application, or connected device, that the website, online service, online application, mobile application, or connected device, or a portion thereof, is targeted to children or teens, as the case may be, as demonstrated by— (i) the subject matter of the website, online service, online application, mobile application, or connected device; (ii) the visual content of the website, online service, online application, mobile application, or connected device; (iii) the use of animated characters or child-oriented activities for children, or the use of teen-oriented characters or teen-oriented activities for teens, and related incentives on the website, online service, online application, mobile application, or connected device; (iv) the music or other audio content on the website, online service, online application, mobile application, or connected device; (v) the age of models on the website, online service, online application, mobile application, or connected device; (vi) the presence, on the website, online service, online application, mobile application, or connected device, of— (I) child celebrities; (II) celebrities who appeal to children; (III) teen celebrities; or (IV) celebrities who appeal to teens; (vii) the language used on the website, online service, online application, mobile application, or connected device; (viii) advertising content used on, or used to advertise, the website, online service, online application, mobile application, or connected device; or (ix) reliable empirical evidence relating to— (I) the composition of the audience of the website, online service, online application, mobile application, or connected device; and (II) the intended audience of the website, online service, online application, mobile application, or connected device. (B) Rules of construction \n(i) Services deemed directed to children or teens \nFor the purposes of this title, a website, online service, online application, mobile application, or connected device, or a portion thereof, shall be deemed to be directed to children or teens if it collects personal information directly from users of any other website, online service, online application, mobile application, or connected device that is— (I) directed to children or teens under the criteria described in subparagraph (A); or (II) used or reasonably likely to be used by children or teens. (ii) Services deemed directed to mixed audiences \n(I) In general \nA website, online service, online application, mobile application, or connected device that is directed to children or teens under the criteria described in subparagraph (A), but that does not target children or teens as the primary audience of the website, online service, online application, mobile application, or connected device shall not be deemed to be directed to children or teens for purposes of this title if the website, online service, online application, mobile application, or connected device— (aa) does not collect personal information from any user of the website, online service, online application, mobile application, or connected device before verifying age information of the user; and (bb) does not, without first complying with any relevant notice and consent provision under this title, collect, use, or disclose personal information of any user who identifies themselves to the website, online service, online application, mobile application, or connected device as an individual who is age 16 or younger. (II) Use of certain tools \nFor purposes of this title, a website, online service, online application, mobile application, or connected device, shall not be deemed directed to children or teens solely because the website, online service, online application, mobile application, or connected device refers or links to any other website, online service, online application, mobile application, or connected device directed to children or teens by using information location tools, including— (aa) a directory; (bb) an index; (cc) a reference; (dd) a pointer; or (ee) a hypertext link. (16) Mobile application \nThe term mobile application — (A) means a software program that runs on the operating system of— (i) a cellular telephone; (ii) a tablet computer; or (iii) a similar portable computing device that transmits data over a wireless connection; and (B) includes a service or application offered via a connected device. (17) Geolocation information \nThe term geolocation information means information sufficient to identify a street name and name of a city or town. (18) Teen \nThe term teen means an individual over the age of 12 and under the age of 17. (19) Targeted marketing \n(A) In general \nThe term targeted marketing means advertising or any other effort to market a product or service that is directed to a specific individual or device— (i) based on— (I) the personal information of— (aa) the individual; or (bb) a group of individuals who are similar in gender, age, income level, race, or ethnicity to the specific individual to whom the product or service is marketed; (II) psychological profiling of an individual or group of individuals; or (III) a unique identifier of the device; or (ii) as a result of use by the individual, access by any device of the individual, or use by a group of individuals who are similar to the specific individual, of more than a single— (I) website; (II) online service; (III) online application; (IV) mobile application; (V) connected device; or (VI) operating system. (B) Exclusions \nThe term targeted marketing shall not include— (i) advertising or marketing to an individual or the device of an individual in response to the individual’s specific request for information or feedback; (ii) contextual advertising, such as when an advertisement is displayed based on the context in which the advertisement appears and does not vary based on who is viewing the advertisement; or (iii) processing personal information solely for measuring or reporting advertising or content performance, reach, or frequency, including independent measurement. (C) Authority to further define \nThe Commission may promulgate rules under section 553 of title 5, United State Code, to further define the term targeted marketing but only as necessary to address changes to or innovations of technology, changes in how personal information is used or transferred, changes to the means and manners by which children or teens interact with a website, online service, online application, mobile application, or connected device, or evolving concerns regarding the privacy of children or teens. (20) Reasonably likely to be used \nThe Commission may promulgate rules under section 553 of title 5, United States Code, or issue guidance to establish factors that should be considered in applying the term reasonably likely to be used for the purposes of this title. (21) Reasonably likely to be a child or teen \nThe Commission may promulgate rules under section 553 of title 5, United States Code, or issue guidance to establish factors that should be considered in applying the term reasonably likely to be a child or teen for the purposes of this title.. (b) Online collection, use, and disclosure of personal information of children and teens \nSection 1303 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6502 ) is amended— (1) by striking the heading and inserting the following: Online collection, use, and disclosure of personal information of children and teens. ; (2) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) In general \nIt is unlawful for an operator of a website, online service, online application, mobile application, or connected device that is directed to children or teens or is used or reasonably likely to be used by children or teens in a manner that involves the collection of personal information, to collect personal information from a child or teen in a manner that violates the regulations prescribed under subsection (b). ; and (B) in paragraph (2)— (i) by striking of such a website or online service ; and (ii) by striking subsection (b)(1)(B)(iii) to the parent of a child and inserting subsection (b)(1)(A)(iii) to the parent of a child or under subsection (b)(1)(A)(iv) to a teen ; and (3) in subsection (b)— (A) in paragraph (1)— (i) by striking this Act and inserting the Children and Teens’ Online Privacy Protection Act ; (ii) in subparagraph (A)— (I) by striking operator of any website and all that follows through from a child and inserting operator of a website, online service, online application, mobile application, or connected device that is directed to children or teens or is used or is reasonably likely to be used by children or teens in a manner that involves the collection of their personal information ; (II) in clause (i)— (aa) by striking notice on the website and inserting clear and conspicuous notice ; (bb) by inserting or teens after children ; (cc) by striking , and the operator's and inserting , the operator's ; and (dd) by striking ; and and inserting , and the procedures or mechanisms the operator uses to ensure that personal information is not collected from children or teens except in accordance with the regulations promulgated under this paragraph; ; and (III) in clause (ii)— (aa) by striking parental ; and (bb) by inserting or teens after children ; (iii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking website or online service and inserting operator ; (II) in clause (ii), by inserting to delete personal information collected from the child or after the opportunity at any time ; and (III) in clause (iii), by inserting , if such information is available to the operator at the time the parent makes the request before the semicolon; (iv) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (v) by inserting after subparagraph (B) the following new subparagraph: (C) require the operator to provide, upon the request of a teen under this subparagraph who has provided personal information to the operator, upon proper identification of that teen— (i) a description of the specific types of personal information collected from the teen by the operator; (ii) the opportunity at any time to delete personal information collected from the teen and refuse further use or collection of personal information from the teen; and (iii) a means that is reasonable under the circumstances for the teen to obtain any personal information collected from the teen, if such information is available to the operator at the time the teen makes the request; ; (vi) in subparagraph (D), as so redesignated, by striking conditioning and all that follows through such activity and inserting the following: the collection from a child or teen of more personal information that is reasonably required to use the website, online service, online application, mobile application, or connected device ; (vii) in subparagraph (E), as so redesignated— (I) by striking of such a website or online service ; and (II) by inserting and teens after children ; and (viii) by adding at the end the following flush text: The Commission shall review and update the regulations promulgated under this paragraph as necessary. ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking verifiable parental consent and inserting verifiable consent ; (ii) in subparagraph (A)— (I) by inserting or teen after collected from a child ; (II) by inserting or teen after request from the child ; and (III) by inserting or teen or to contact another child or teen after to recontact the child ; (iii) in subparagraph (B)— (I) by striking parent or child and inserting parent or teen ; and (II) by striking parental consent each place the term appears and inserting verifiable consent ; (iv) in subparagraph (C)— (I) in the matter preceding clause (i), by inserting or teen after child each place the term appears; (II) in clause (i)— (aa) by inserting or teen after child each place the term appears; and (bb) by inserting or teen, as applicable, after parent each place the term appears; and (III) in clause (ii)— (aa) by inserting or teen, as applicable, after parent ; and (bb) by inserting or teen after child each place the term appears; and (v) in subparagraph (D)— (I) in the matter preceding clause (i), by inserting or teen after child each place the term appears; (II) in clause (ii), by inserting or teen after child ; and (III) in the flush text following clause (iii)— (aa) by inserting or teen, as applicable, after parent each place the term appears; and (bb) by inserting or teen after child ; and (C) by amending paragraph (3) to read as follows: (3) Continuation of service \nThe regulations shall prohibit an operator from discontinuing service provided to a child or teen on the basis of a request by the parent of the child or by the teen, under the regulations prescribed under subparagraph (B) or (C) of paragraph (1), respectively, to delete personal information collected from the child or teen, to the extent that the operator is capable of providing such service without such information.. (c) Safe harbors \nSection 1304 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6503 ) is amended— (1) in subsection (b)(1), by inserting and teens after children ; and (2) by adding at the end the following: (d) Publication \n(1) In general \nThe Commission shall publish on the internet website of the Commission any report or documentation required by regulation to be submitted to the Commission to carry out this section. (2) Restrictions on publication \nThe restrictions described in subsection (f) of section 6 of the Federal Trade Commission Act ( 15 U.S.C. 46(f) ) applicable to the publication of information obtained by the Commission through investigations conducted under such section shall apply in same manner to the publication under this subsection of information obtained by the Commission from a report or documentation described in paragraph (1).. (d) Administration and applicability of Act \nSection 1306 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6505 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking , in the case of and all that follows through the Board of Directors of the Federal Deposit Insurance Corporation; and inserting the following: by the appropriate Federal banking agency, with respect to any insured depository institution (as those terms are defined in section 3 of that Act ( 12 U.S.C. 1813 )); ; and (B) by striking paragraph (2) and redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively; and (2) by adding at the end the following new subsection: (f) Telecommunications carriers and cable operators \n(1) Enforcement by commission \nNotwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 , 45(a)(2), 46), or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act and the regulations promulgated under this Act, in the same manner provided in subsection (d), with respect to common carriers subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) and Acts amendatory thereof and supplementary thereto. (2) Relationship to other law \nTo the extent that section 222, 338(i), or 631 of the Communications Act of 1934 ( 47 U.S.C. 222 , 338(i), 551) is inconsistent with this title, this title controls..", "id": "idf2cbf97b-a4bf-431a-b181-fbd480cd952a", "header": "Online collection, use, and disclosure of personal information of children and teens", "nested": [ { "text": "(a) Definitions \nSection 1302 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 ) is amended— (1) by amending paragraph (2) to read as follows: (2) Operator \nThe term operator — (A) means any person— (i) who, for commercial purposes, in interstate or foreign commerce operates or provides a website on the internet, an online service, an online application, a mobile application, or a connected device; and (ii) who— (I) collects or maintains, either directly or through a service provider, personal information from or about the users of that website, service, application, or connected device; (II) allows another person to collect personal information directly from users of that website, service, application, or connected device (in which case, the operator is deemed to have collected the information); or (III) allows users of that website, service, application, or connected device to publicly disclose personal information (in which case, the operator is deemed to have collected the information); and (B) does not include any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ). ; (2) in paragraph (4)— (A) by amending subparagraph (A) to read as follows: (A) the release of personal information collected from a child or teen for any purpose, except where the personal information is provided to a person other than an operator who— (i) provides support for the internal operations of the website, online service, online application, mobile application, or connected device of the operator, excluding any activity relating to targeted marketing directed to children, teens, or connected devices; and (ii) does not disclose or use that personal information for any other purpose; and ; and (B) in subparagraph (B)— (i) by inserting or teen after child each place the term appears; (ii) by inserting or teens after children ; and (iii) by striking website or online service and inserting website, online service, online application, mobile application, or connected device ; (3) in paragraph (8), by striking subparagraphs (F) and (G) and inserting the following: (F) geolocation information; (G) information generated from the measurement or technological processing of an individual's biological, physical, or physiological characteristics, including— (i) fingerprints; (ii) voice prints; (iii) iris or retina imagery scans; (iv) facial imagery or templates; (v) deoxyribonucleic acid (DNA) information; or (vi) gait; (H) information reasonably associated with or attributed to a child or teen; (I) information (including an internet protocol address) that permits the identification of— (i) an individual; or (ii) any device used by an individual to directly or indirectly access the internet or an online service, online application, mobile application, or connected device; or (J) information concerning a child or teen or the parents of that child or teen (including any unique or substantially unique identifier, such as a customer number) that an operator collects online from the child or teen and combines with an identifier described in this paragraph. ; (4) by amending paragraph (9) to read as follows: (9) Verifiable consent \nThe term verifiable consent means any reasonable effort (taking into consideration available technology), including a request for authorization for future collection, use, and disclosure described in the notice, to ensure that, in the case of a child, a parent of the child, or, in the case of a teen, the teen— (A) receives specific notice of the personal information collection, use, and disclosure practices of the operator; and (B) before the personal information of the child or teen is collected, freely and unambiguously authorizes— (i) the collection, use, and disclosure, as applicable, of that personal information; and (ii) any subsequent use of that personal information. ; (5) by striking paragraph (10) and redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively; and (6) by adding at the end the following: (12) Connected device \nThe term connected device means a device that is capable of connecting to the internet, directly or indirectly, or to another connected device. (13) Online application \nThe term online application — (A) means an internet-connected software program; and (B) includes a service or application offered via a connected device. (14) Online service \n(A) In general \nThe term online service means a mass-market retail service by wire or radio that provides the capability to transmit data and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of a communications service, but excluding dial-up Internet service. (B) Scope \nSuch term includes— (i) any service that the Federal Communications Commission finds to be providing a functionally equivalent service to a service described in subparagraph (A); and (ii) a service or application offered via a connected device. (15) Directed to children or teens \n(A) In general \nThe terms directed to children , directed to teens , and directed to children or teens mean, with respect to a website, online service, online application, mobile application, or connected device, that the website, online service, online application, mobile application, or connected device, or a portion thereof, is targeted to children or teens, as the case may be, as demonstrated by— (i) the subject matter of the website, online service, online application, mobile application, or connected device; (ii) the visual content of the website, online service, online application, mobile application, or connected device; (iii) the use of animated characters or child-oriented activities for children, or the use of teen-oriented characters or teen-oriented activities for teens, and related incentives on the website, online service, online application, mobile application, or connected device; (iv) the music or other audio content on the website, online service, online application, mobile application, or connected device; (v) the age of models on the website, online service, online application, mobile application, or connected device; (vi) the presence, on the website, online service, online application, mobile application, or connected device, of— (I) child celebrities; (II) celebrities who appeal to children; (III) teen celebrities; or (IV) celebrities who appeal to teens; (vii) the language used on the website, online service, online application, mobile application, or connected device; (viii) advertising content used on, or used to advertise, the website, online service, online application, mobile application, or connected device; or (ix) reliable empirical evidence relating to— (I) the composition of the audience of the website, online service, online application, mobile application, or connected device; and (II) the intended audience of the website, online service, online application, mobile application, or connected device. (B) Rules of construction \n(i) Services deemed directed to children or teens \nFor the purposes of this title, a website, online service, online application, mobile application, or connected device, or a portion thereof, shall be deemed to be directed to children or teens if it collects personal information directly from users of any other website, online service, online application, mobile application, or connected device that is— (I) directed to children or teens under the criteria described in subparagraph (A); or (II) used or reasonably likely to be used by children or teens. (ii) Services deemed directed to mixed audiences \n(I) In general \nA website, online service, online application, mobile application, or connected device that is directed to children or teens under the criteria described in subparagraph (A), but that does not target children or teens as the primary audience of the website, online service, online application, mobile application, or connected device shall not be deemed to be directed to children or teens for purposes of this title if the website, online service, online application, mobile application, or connected device— (aa) does not collect personal information from any user of the website, online service, online application, mobile application, or connected device before verifying age information of the user; and (bb) does not, without first complying with any relevant notice and consent provision under this title, collect, use, or disclose personal information of any user who identifies themselves to the website, online service, online application, mobile application, or connected device as an individual who is age 16 or younger. (II) Use of certain tools \nFor purposes of this title, a website, online service, online application, mobile application, or connected device, shall not be deemed directed to children or teens solely because the website, online service, online application, mobile application, or connected device refers or links to any other website, online service, online application, mobile application, or connected device directed to children or teens by using information location tools, including— (aa) a directory; (bb) an index; (cc) a reference; (dd) a pointer; or (ee) a hypertext link. (16) Mobile application \nThe term mobile application — (A) means a software program that runs on the operating system of— (i) a cellular telephone; (ii) a tablet computer; or (iii) a similar portable computing device that transmits data over a wireless connection; and (B) includes a service or application offered via a connected device. (17) Geolocation information \nThe term geolocation information means information sufficient to identify a street name and name of a city or town. (18) Teen \nThe term teen means an individual over the age of 12 and under the age of 17. (19) Targeted marketing \n(A) In general \nThe term targeted marketing means advertising or any other effort to market a product or service that is directed to a specific individual or device— (i) based on— (I) the personal information of— (aa) the individual; or (bb) a group of individuals who are similar in gender, age, income level, race, or ethnicity to the specific individual to whom the product or service is marketed; (II) psychological profiling of an individual or group of individuals; or (III) a unique identifier of the device; or (ii) as a result of use by the individual, access by any device of the individual, or use by a group of individuals who are similar to the specific individual, of more than a single— (I) website; (II) online service; (III) online application; (IV) mobile application; (V) connected device; or (VI) operating system. (B) Exclusions \nThe term targeted marketing shall not include— (i) advertising or marketing to an individual or the device of an individual in response to the individual’s specific request for information or feedback; (ii) contextual advertising, such as when an advertisement is displayed based on the context in which the advertisement appears and does not vary based on who is viewing the advertisement; or (iii) processing personal information solely for measuring or reporting advertising or content performance, reach, or frequency, including independent measurement. (C) Authority to further define \nThe Commission may promulgate rules under section 553 of title 5, United State Code, to further define the term targeted marketing but only as necessary to address changes to or innovations of technology, changes in how personal information is used or transferred, changes to the means and manners by which children or teens interact with a website, online service, online application, mobile application, or connected device, or evolving concerns regarding the privacy of children or teens. (20) Reasonably likely to be used \nThe Commission may promulgate rules under section 553 of title 5, United States Code, or issue guidance to establish factors that should be considered in applying the term reasonably likely to be used for the purposes of this title. (21) Reasonably likely to be a child or teen \nThe Commission may promulgate rules under section 553 of title 5, United States Code, or issue guidance to establish factors that should be considered in applying the term reasonably likely to be a child or teen for the purposes of this title..", "id": "idd5ca3410-f00e-451d-bc62-7a2e513d692c", "header": "Definitions", "nested": [], "links": [ { "text": "15 U.S.C. 6501", "legal-doc": "usc", "parsable-cite": "usc/15/6501" }, { "text": "15 U.S.C. 45", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "(b) Online collection, use, and disclosure of personal information of children and teens \nSection 1303 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6502 ) is amended— (1) by striking the heading and inserting the following: Online collection, use, and disclosure of personal information of children and teens. ; (2) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) In general \nIt is unlawful for an operator of a website, online service, online application, mobile application, or connected device that is directed to children or teens or is used or reasonably likely to be used by children or teens in a manner that involves the collection of personal information, to collect personal information from a child or teen in a manner that violates the regulations prescribed under subsection (b). ; and (B) in paragraph (2)— (i) by striking of such a website or online service ; and (ii) by striking subsection (b)(1)(B)(iii) to the parent of a child and inserting subsection (b)(1)(A)(iii) to the parent of a child or under subsection (b)(1)(A)(iv) to a teen ; and (3) in subsection (b)— (A) in paragraph (1)— (i) by striking this Act and inserting the Children and Teens’ Online Privacy Protection Act ; (ii) in subparagraph (A)— (I) by striking operator of any website and all that follows through from a child and inserting operator of a website, online service, online application, mobile application, or connected device that is directed to children or teens or is used or is reasonably likely to be used by children or teens in a manner that involves the collection of their personal information ; (II) in clause (i)— (aa) by striking notice on the website and inserting clear and conspicuous notice ; (bb) by inserting or teens after children ; (cc) by striking , and the operator's and inserting , the operator's ; and (dd) by striking ; and and inserting , and the procedures or mechanisms the operator uses to ensure that personal information is not collected from children or teens except in accordance with the regulations promulgated under this paragraph; ; and (III) in clause (ii)— (aa) by striking parental ; and (bb) by inserting or teens after children ; (iii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking website or online service and inserting operator ; (II) in clause (ii), by inserting to delete personal information collected from the child or after the opportunity at any time ; and (III) in clause (iii), by inserting , if such information is available to the operator at the time the parent makes the request before the semicolon; (iv) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (v) by inserting after subparagraph (B) the following new subparagraph: (C) require the operator to provide, upon the request of a teen under this subparagraph who has provided personal information to the operator, upon proper identification of that teen— (i) a description of the specific types of personal information collected from the teen by the operator; (ii) the opportunity at any time to delete personal information collected from the teen and refuse further use or collection of personal information from the teen; and (iii) a means that is reasonable under the circumstances for the teen to obtain any personal information collected from the teen, if such information is available to the operator at the time the teen makes the request; ; (vi) in subparagraph (D), as so redesignated, by striking conditioning and all that follows through such activity and inserting the following: the collection from a child or teen of more personal information that is reasonably required to use the website, online service, online application, mobile application, or connected device ; (vii) in subparagraph (E), as so redesignated— (I) by striking of such a website or online service ; and (II) by inserting and teens after children ; and (viii) by adding at the end the following flush text: The Commission shall review and update the regulations promulgated under this paragraph as necessary. ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking verifiable parental consent and inserting verifiable consent ; (ii) in subparagraph (A)— (I) by inserting or teen after collected from a child ; (II) by inserting or teen after request from the child ; and (III) by inserting or teen or to contact another child or teen after to recontact the child ; (iii) in subparagraph (B)— (I) by striking parent or child and inserting parent or teen ; and (II) by striking parental consent each place the term appears and inserting verifiable consent ; (iv) in subparagraph (C)— (I) in the matter preceding clause (i), by inserting or teen after child each place the term appears; (II) in clause (i)— (aa) by inserting or teen after child each place the term appears; and (bb) by inserting or teen, as applicable, after parent each place the term appears; and (III) in clause (ii)— (aa) by inserting or teen, as applicable, after parent ; and (bb) by inserting or teen after child each place the term appears; and (v) in subparagraph (D)— (I) in the matter preceding clause (i), by inserting or teen after child each place the term appears; (II) in clause (ii), by inserting or teen after child ; and (III) in the flush text following clause (iii)— (aa) by inserting or teen, as applicable, after parent each place the term appears; and (bb) by inserting or teen after child ; and (C) by amending paragraph (3) to read as follows: (3) Continuation of service \nThe regulations shall prohibit an operator from discontinuing service provided to a child or teen on the basis of a request by the parent of the child or by the teen, under the regulations prescribed under subparagraph (B) or (C) of paragraph (1), respectively, to delete personal information collected from the child or teen, to the extent that the operator is capable of providing such service without such information..", "id": "idfd228d3a-6824-404a-ab9e-47e003ba200f", "header": "Online collection, use, and disclosure of personal information of children and teens", "nested": [], "links": [ { "text": "15 U.S.C. 6502", "legal-doc": "usc", "parsable-cite": "usc/15/6502" } ] }, { "text": "(c) Safe harbors \nSection 1304 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6503 ) is amended— (1) in subsection (b)(1), by inserting and teens after children ; and (2) by adding at the end the following: (d) Publication \n(1) In general \nThe Commission shall publish on the internet website of the Commission any report or documentation required by regulation to be submitted to the Commission to carry out this section. (2) Restrictions on publication \nThe restrictions described in subsection (f) of section 6 of the Federal Trade Commission Act ( 15 U.S.C. 46(f) ) applicable to the publication of information obtained by the Commission through investigations conducted under such section shall apply in same manner to the publication under this subsection of information obtained by the Commission from a report or documentation described in paragraph (1)..", "id": "id340b47e9-9296-4f96-984f-1f4b5cb72d27", "header": "Safe harbors", "nested": [], "links": [ { "text": "15 U.S.C. 6503", "legal-doc": "usc", "parsable-cite": "usc/15/6503" }, { "text": "15 U.S.C. 46(f)", "legal-doc": "usc", "parsable-cite": "usc/15/46" } ] }, { "text": "(d) Administration and applicability of Act \nSection 1306 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6505 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking , in the case of and all that follows through the Board of Directors of the Federal Deposit Insurance Corporation; and inserting the following: by the appropriate Federal banking agency, with respect to any insured depository institution (as those terms are defined in section 3 of that Act ( 12 U.S.C. 1813 )); ; and (B) by striking paragraph (2) and redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively; and (2) by adding at the end the following new subsection: (f) Telecommunications carriers and cable operators \n(1) Enforcement by commission \nNotwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 , 45(a)(2), 46), or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act and the regulations promulgated under this Act, in the same manner provided in subsection (d), with respect to common carriers subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) and Acts amendatory thereof and supplementary thereto. (2) Relationship to other law \nTo the extent that section 222, 338(i), or 631 of the Communications Act of 1934 ( 47 U.S.C. 222 , 338(i), 551) is inconsistent with this title, this title controls..", "id": "id50a4a6ee-1d9c-47db-b4b9-a85c0f712058", "header": "Administration and applicability of Act", "nested": [], "links": [ { "text": "15 U.S.C. 6505", "legal-doc": "usc", "parsable-cite": "usc/15/6505" }, { "text": "12 U.S.C. 1813", "legal-doc": "usc", "parsable-cite": "usc/12/1813" }, { "text": "15 U.S.C. 44", "legal-doc": "usc", "parsable-cite": "usc/15/44" }, { "text": "47 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/47/151" }, { "text": "47 U.S.C. 222", "legal-doc": "usc", "parsable-cite": "usc/47/222" } ] } ], "links": [ { "text": "15 U.S.C. 6501", "legal-doc": "usc", "parsable-cite": "usc/15/6501" }, { "text": "15 U.S.C. 45", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "15 U.S.C. 6502", "legal-doc": "usc", "parsable-cite": "usc/15/6502" }, { "text": "15 U.S.C. 6503", "legal-doc": "usc", "parsable-cite": "usc/15/6503" }, { "text": "15 U.S.C. 46(f)", "legal-doc": "usc", "parsable-cite": "usc/15/46" }, { "text": "15 U.S.C. 6505", "legal-doc": "usc", "parsable-cite": "usc/15/6505" }, { "text": "12 U.S.C. 1813", "legal-doc": "usc", "parsable-cite": "usc/12/1813" }, { "text": "15 U.S.C. 44", "legal-doc": "usc", "parsable-cite": "usc/15/44" }, { "text": "47 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/47/151" }, { "text": "47 U.S.C. 222", "legal-doc": "usc", "parsable-cite": "usc/47/222" } ] }, { "text": "4. Fair Information Practices Principles \n(a) In general \nThe Fair Information Practices Principles described in this section are the following: (1) Collection limitation principle \nExcept as provided in paragraph (3), personal information should be collected from a child or teen only when collection of the personal information is— (A) consistent with the context of a particular transaction or service or the relationship of the child or teen with the operator, including collection necessary to fulfill a transaction or provide a service requested by the child or teen; or (B) required or specifically authorized by law. (2) Data quality principle \nThe personal information of a child or teen should be accurate, complete, and kept up-to-date to the extent necessary to fulfill the purposes described in subparagraphs (A) through (D) of paragraph (3). (3) Purpose specification principle \nThe purposes for which personal information is collected and used should be specified to the parent of a child or to a teen not later than at the time of the collection of the information. The subsequent use or disclosure of the information should be limited to— (A) fulfillment of the transaction or service requested by the teen or parent of the child; (B) support for the internal operations of the website, service, or application, as described in section 312.2 of title 16, Code of Federal Regulations (as in effect on the date of enactment of this Act), excluding any activity relating to targeted marketing directed to children, teens, or a device of a child or teen if the support for internal operations in consistent with the interest of the child or teen; (C) compliance with legal process or other purposes expressly authorized under specific legal authority; or (D) other purposes— (i) that are specified in a notice to the teen or parent of the child; and (ii) to which the teen or parent of the child has consented under paragraph (7) before the information is used or disclosed for such other purposes. (4) Retention limitation principle \n(A) In general \nThe personal information of a child or teen should not be retained for longer than is necessary to fulfill a transaction or provide a service requested by the child or teen or such other purposes specified in subparagraphs (A) through (D) of paragraph (3). (B) Data disposal \nThe operator should implement a reasonable and appropriate data disposal policy based on the nature and sensitivity of personal information described in subparagraph (A). (5) Security safeguards principle \nThe personal information of a child or teen should be protected by reasonable and appropriate security safeguards against risks such as loss or unauthorized access, destruction, use, modification, or disclosure. (6) Transparency principle \n(A) General principle \nThe operator should be transparent about developments, practices, and policies with respect to the personal information of a child or teen. (B) Provision of information \nThe operator should provide to each parent of a child, or to each teen, using the website, online service, online application, mobile application, or connected device of the operator with a clear and prominent means— (i) to identify and contact the operator, by, at a minimum, disclosing, clearly and prominently, the identity of the operator and— (I) in the case of an operator who is an individual, the address of the principal residence (but not a personal residence) of the operator and an email address or online contact form and telephone number for the operator; or (II) in the case of any other operator, the address of the principal place of business of the operator and an email address or online contact form and telephone number for the operator; (ii) to determine whether the operator possesses any personal information of the child or teen, the nature of any such information, and the purposes for which the information was collected and is being retained; (iii) to obtain any personal information of the child or teen that is in the possession of the operator from the operator, or from a person specified by the operator, within a reasonable time after making a request, at a charge (if any) that is not excessive, in a reasonable manner, and in a form that is readily intelligible to the child or teen; (iv) to challenge the accuracy of personal information of the child or teen that is in the possession of the operator; (v) to determine if the child or teen has established the inaccuracy of personal information in a challenge under clause (iv) in order to have such information erased, corrected, completed, or otherwise amended; and (vi) to determine the method by which the operator obtains data relevant to the child or teen. (C) Limitation \nNothing in this paragraph shall be construed to permit an operator to erase or otherwise modify personal information requested by a law enforcement agency pursuant to legal authority. (7) Individual participation principle \nThe operator should— (A) obtain consent from a parent of a child or from a teen before using or disclosing the personal information of the child or teen for any purpose other than the purposes described in subparagraph (A) of paragraph (3); and (B) obtain affirmative express consent from a parent of a child or from a teen before using or disclosing previously collected personal information of the child or teen for purposes that constitute a material change in practice from the original purposes specified to the child or teen under paragraph (3). (8) Racial and socioeconomic profiling \nThe personal information of a child or teen shall not be used to direct content to the child or teen, or a group of individuals similar to the child or teen, on the basis of race, socioeconomic factors, or any proxy thereof. (b) Rule of construction \nNothing in this section, including compliance with the Fair Information Principles, shall be construed to permit an operator to avoid compliance with other requirements set forth in this Act or the Children's Online Privacy Protection Act ( 15 U.S.C. 6501 et seq. ).", "id": "idbe96b743-010a-4a69-ac6f-818e2428bb00", "header": "Fair Information Practices Principles", "nested": [ { "text": "(a) In general \nThe Fair Information Practices Principles described in this section are the following: (1) Collection limitation principle \nExcept as provided in paragraph (3), personal information should be collected from a child or teen only when collection of the personal information is— (A) consistent with the context of a particular transaction or service or the relationship of the child or teen with the operator, including collection necessary to fulfill a transaction or provide a service requested by the child or teen; or (B) required or specifically authorized by law. (2) Data quality principle \nThe personal information of a child or teen should be accurate, complete, and kept up-to-date to the extent necessary to fulfill the purposes described in subparagraphs (A) through (D) of paragraph (3). (3) Purpose specification principle \nThe purposes for which personal information is collected and used should be specified to the parent of a child or to a teen not later than at the time of the collection of the information. The subsequent use or disclosure of the information should be limited to— (A) fulfillment of the transaction or service requested by the teen or parent of the child; (B) support for the internal operations of the website, service, or application, as described in section 312.2 of title 16, Code of Federal Regulations (as in effect on the date of enactment of this Act), excluding any activity relating to targeted marketing directed to children, teens, or a device of a child or teen if the support for internal operations in consistent with the interest of the child or teen; (C) compliance with legal process or other purposes expressly authorized under specific legal authority; or (D) other purposes— (i) that are specified in a notice to the teen or parent of the child; and (ii) to which the teen or parent of the child has consented under paragraph (7) before the information is used or disclosed for such other purposes. (4) Retention limitation principle \n(A) In general \nThe personal information of a child or teen should not be retained for longer than is necessary to fulfill a transaction or provide a service requested by the child or teen or such other purposes specified in subparagraphs (A) through (D) of paragraph (3). (B) Data disposal \nThe operator should implement a reasonable and appropriate data disposal policy based on the nature and sensitivity of personal information described in subparagraph (A). (5) Security safeguards principle \nThe personal information of a child or teen should be protected by reasonable and appropriate security safeguards against risks such as loss or unauthorized access, destruction, use, modification, or disclosure. (6) Transparency principle \n(A) General principle \nThe operator should be transparent about developments, practices, and policies with respect to the personal information of a child or teen. (B) Provision of information \nThe operator should provide to each parent of a child, or to each teen, using the website, online service, online application, mobile application, or connected device of the operator with a clear and prominent means— (i) to identify and contact the operator, by, at a minimum, disclosing, clearly and prominently, the identity of the operator and— (I) in the case of an operator who is an individual, the address of the principal residence (but not a personal residence) of the operator and an email address or online contact form and telephone number for the operator; or (II) in the case of any other operator, the address of the principal place of business of the operator and an email address or online contact form and telephone number for the operator; (ii) to determine whether the operator possesses any personal information of the child or teen, the nature of any such information, and the purposes for which the information was collected and is being retained; (iii) to obtain any personal information of the child or teen that is in the possession of the operator from the operator, or from a person specified by the operator, within a reasonable time after making a request, at a charge (if any) that is not excessive, in a reasonable manner, and in a form that is readily intelligible to the child or teen; (iv) to challenge the accuracy of personal information of the child or teen that is in the possession of the operator; (v) to determine if the child or teen has established the inaccuracy of personal information in a challenge under clause (iv) in order to have such information erased, corrected, completed, or otherwise amended; and (vi) to determine the method by which the operator obtains data relevant to the child or teen. (C) Limitation \nNothing in this paragraph shall be construed to permit an operator to erase or otherwise modify personal information requested by a law enforcement agency pursuant to legal authority. (7) Individual participation principle \nThe operator should— (A) obtain consent from a parent of a child or from a teen before using or disclosing the personal information of the child or teen for any purpose other than the purposes described in subparagraph (A) of paragraph (3); and (B) obtain affirmative express consent from a parent of a child or from a teen before using or disclosing previously collected personal information of the child or teen for purposes that constitute a material change in practice from the original purposes specified to the child or teen under paragraph (3). (8) Racial and socioeconomic profiling \nThe personal information of a child or teen shall not be used to direct content to the child or teen, or a group of individuals similar to the child or teen, on the basis of race, socioeconomic factors, or any proxy thereof.", "id": "id95DDC0D3E2104BC6A9426D8D3E62C64F", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Rule of construction \nNothing in this section, including compliance with the Fair Information Principles, shall be construed to permit an operator to avoid compliance with other requirements set forth in this Act or the Children's Online Privacy Protection Act ( 15 U.S.C. 6501 et seq. ).", "id": "id4b7cd16d7ea249c1bee908bd035aaaf6", "header": "Rule of construction", "nested": [], "links": [ { "text": "15 U.S.C. 6501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/6501" } ] } ], "links": [ { "text": "15 U.S.C. 6501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/6501" } ] }, { "text": "5. Digital Marketing Bill of Rights for Teens \n(a) Acts prohibited \n(1) Prohibition \n(A) In general \nExcept as provided in subparagraph (B), it shall be unlawful for an operator of a website, online service, online application, mobile application, or connected device to collect personal information from a user if— (i) the user is reasonably likely to be a teen; or (ii) the website, online service, online application, mobile application, or connected device is directed to teens. (B) Exception \nSubparagraph (A) shall not apply to an operator that has adopted and complies with a Digital Marketing Bill of Rights for Teens that meets the Fair Information Practices Principles described in section 4. (2) Effective date \nThis subsection shall take effect on the date that is 180 days after the promulgation of regulations under subsection (b). (b) Regulations \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Commission shall promulgate, under section 553 of title 5, United States Code, regulations to implement this section, including regulations further defining the Fair Information Practices Principles described in section 4. (2) Updates \nNot less frequently than once every 4 years after the date on which regulations are promulgated under paragraph (1), the Commission shall review and update those regulations as necessary.", "id": "id935087fe-aa17-4525-b2c7-6ce27c442075", "header": "Digital Marketing Bill of Rights for Teens", "nested": [ { "text": "(a) Acts prohibited \n(1) Prohibition \n(A) In general \nExcept as provided in subparagraph (B), it shall be unlawful for an operator of a website, online service, online application, mobile application, or connected device to collect personal information from a user if— (i) the user is reasonably likely to be a teen; or (ii) the website, online service, online application, mobile application, or connected device is directed to teens. (B) Exception \nSubparagraph (A) shall not apply to an operator that has adopted and complies with a Digital Marketing Bill of Rights for Teens that meets the Fair Information Practices Principles described in section 4. (2) Effective date \nThis subsection shall take effect on the date that is 180 days after the promulgation of regulations under subsection (b).", "id": "idb6f62ce3-f0c4-4439-b81e-298662afdcde", "header": "Acts prohibited", "nested": [], "links": [] }, { "text": "(b) Regulations \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Commission shall promulgate, under section 553 of title 5, United States Code, regulations to implement this section, including regulations further defining the Fair Information Practices Principles described in section 4. (2) Updates \nNot less frequently than once every 4 years after the date on which regulations are promulgated under paragraph (1), the Commission shall review and update those regulations as necessary.", "id": "id90ce8346-c984-4632-acd6-b2a176e630c2", "header": "Regulations", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Targeted marketing to children and teens \n(a) Prohibited acts with respect to children and teens \nIt shall be unlawful for an operator of a website, online service, online application, mobile application, or connected device to collect, use, disclose to third parties, or compile personal information of a user for purposes of targeted marketing (or to allow another person to collect, use, disclose, or compile such information for such purpose) if— (1) such use, disclosure, or compiling of personal information involves or is reasonably likely to involve collection of personal information from a child or teen; or (2) the website, online service, online application, mobile application, or connected device is directed to children or teens. (b) Effective date \nThis section shall take effect on the date that is 180 days after the date of enactment of this Act.", "id": "id98a03d2a-7995-44fa-b6ef-f86970ffe305", "header": "Targeted marketing to children and teens", "nested": [ { "text": "(a) Prohibited acts with respect to children and teens \nIt shall be unlawful for an operator of a website, online service, online application, mobile application, or connected device to collect, use, disclose to third parties, or compile personal information of a user for purposes of targeted marketing (or to allow another person to collect, use, disclose, or compile such information for such purpose) if— (1) such use, disclosure, or compiling of personal information involves or is reasonably likely to involve collection of personal information from a child or teen; or (2) the website, online service, online application, mobile application, or connected device is directed to children or teens.", "id": "id9cf77c87-a729-4795-894f-de94fd8d0be9", "header": "Prohibited acts with respect to children and teens", "nested": [], "links": [] }, { "text": "(b) Effective date \nThis section shall take effect on the date that is 180 days after the date of enactment of this Act.", "id": "idbbf4f9b3-9c2d-4772-9d2e-40f41dfd7896", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Removal of content \n(a) Acts prohibited \nIt is unlawful for an operator to make, or enable a child or teen to make, publicly available through a website, online service, online application, mobile application, or connected device content or information that contains or displays personal information of children or teens in a manner that violates subsection (b). (b) Requirement \n(1) In general \nAn operator, to the extent technologically feasible, shall— (A) implement mechanisms that permit a user of the website, online service, online application, mobile application, or connected device of the operator (and, in the case of a user that is a child, a parent of that user) to erase or otherwise eliminate content or information that is— (i) submitted to the website, online service, online application, mobile application, or connected device by that user; (ii) publicly available through the website, online service, online application, mobile application, or connected device; and (iii) contains or displays personal information of children or teens; and (B) take appropriate steps to— (i) make users and parents of users who are children aware of the mechanisms described in subparagraph (A); and (ii) provide notice to users and parents of users who are children that the mechanisms described in subparagraph (A) do not necessarily provide comprehensive removal of the content or information submitted by users. (2) Exceptions \nParagraph (1) shall not be construed to require an operator or third party to erase or otherwise eliminate content or information that— (A) any other provision of Federal or State law requires the operator or third party to maintain; or (B) was submitted to the website, online service, online application, mobile application, or connected device of the operator by any person other than the user who is attempting to erase or otherwise eliminate the content or information, including content or information submitted by the user that was republished or resubmitted by another person. (c) Limitation \nNothing in this section shall be construed to limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction. (d) Effective date \nThis section shall take effect on the date that is 180 days after the date of enactment of this Act.", "id": "id9518272d-5b2c-44c0-9fc8-a1179f880335", "header": "Removal of content", "nested": [ { "text": "(a) Acts prohibited \nIt is unlawful for an operator to make, or enable a child or teen to make, publicly available through a website, online service, online application, mobile application, or connected device content or information that contains or displays personal information of children or teens in a manner that violates subsection (b).", "id": "idb7a0e552-224c-4beb-986e-86f8a036b558", "header": "Acts prohibited", "nested": [], "links": [] }, { "text": "(b) Requirement \n(1) In general \nAn operator, to the extent technologically feasible, shall— (A) implement mechanisms that permit a user of the website, online service, online application, mobile application, or connected device of the operator (and, in the case of a user that is a child, a parent of that user) to erase or otherwise eliminate content or information that is— (i) submitted to the website, online service, online application, mobile application, or connected device by that user; (ii) publicly available through the website, online service, online application, mobile application, or connected device; and (iii) contains or displays personal information of children or teens; and (B) take appropriate steps to— (i) make users and parents of users who are children aware of the mechanisms described in subparagraph (A); and (ii) provide notice to users and parents of users who are children that the mechanisms described in subparagraph (A) do not necessarily provide comprehensive removal of the content or information submitted by users. (2) Exceptions \nParagraph (1) shall not be construed to require an operator or third party to erase or otherwise eliminate content or information that— (A) any other provision of Federal or State law requires the operator or third party to maintain; or (B) was submitted to the website, online service, online application, mobile application, or connected device of the operator by any person other than the user who is attempting to erase or otherwise eliminate the content or information, including content or information submitted by the user that was republished or resubmitted by another person.", "id": "id2ed6330b-e0d8-4073-b4c6-cf2ff39adbd7", "header": "Requirement", "nested": [], "links": [] }, { "text": "(c) Limitation \nNothing in this section shall be construed to limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction.", "id": "id7ed6d0ec-99ea-48c7-9485-d239e3da3817", "header": "Limitation", "nested": [], "links": [] }, { "text": "(d) Effective date \nThis section shall take effect on the date that is 180 days after the date of enactment of this Act.", "id": "id15ca79d6-fda8-4b16-97f4-47c6c729b95f", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Rule for treatment of users of websites, services, and applications directed to children or teens \nFor the purposes of this Act, an operator of a website, online service, online application, mobile application, or connected device that is directed to children or teens shall treat each user of that website, online service, online application, mobile application, or connected device as a child or teen, except as permitted by the Commission pursuant to a regulation promulgated under this Act, and except to the extent the website, online service, online application, mobile application, or connected device is deemed directed to mixed audiences.", "id": "id4e666b66-0ac5-4abe-8ac5-79528f843404", "header": "Rule for treatment of users of websites, services, and applications directed to children or teens", "nested": [], "links": [] }, { "text": "9. Study of mobile and online application oversight \nNot later than 3 years after the date of enactment of this Act, the Commission shall submit to each committee of the Senate and each committee of the House of Representatives that has jurisdiction over the Commission a report on the processes of platforms that offer mobile and online applications for ensuring that, of those applications that are directed to children or teens, the applications operate in accordance with— (1) this Act, the amendments made by this Act, and rules promulgated under this Act; and (2) rules promulgated by the Commission under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) relating to unfair or deceptive acts or practices in marketing.", "id": "id809439dd-f904-415d-9171-5d62f9283934", "header": "Study of mobile and online application oversight", "nested": [], "links": [ { "text": "15 U.S.C. 45", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "10. Youth Privacy and Marketing Division \n(a) Establishment \nThere is established within the Commission a division to be known as the Youth Privacy and Marketing Division. (b) Director \nThe Youth Privacy and Marketing Division shall be headed by a Director. (c) Duties \nThe Youth Privacy and Marketing Division established under subsection (a) shall be responsible for assisting the Commission to address, as it relates to this Act and the amendments made by this Act— (1) the privacy of children and teens; and (2) marketing directed at children and teens. (d) Staff \nThe Director of the Youth Privacy and Marketing Division shall hire adequate staff to carry out the duties under subsection (c), including individuals who are experts in data protection, digital advertising, data analytics, and youth development. (e) Reports \nNot later than 1 year after the date of enactment of this Act, and each year thereafter, the Director of the Youth and Privacy Marketing Division shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes— (1) a description of the work of the Youth Privacy and Marketing Division on emerging concerns relating to youth privacy and marketing practices; and (2) an assessment of how effectively the Commission has, during the period for which the report is submitted, addressed youth privacy and marketing practices.", "id": "id7e92491d-a5d5-4864-a262-af3f2a41d54c", "header": "Youth Privacy and Marketing Division", "nested": [ { "text": "(a) Establishment \nThere is established within the Commission a division to be known as the Youth Privacy and Marketing Division.", "id": "idad3ca62a-2bf8-4d61-8e15-ce31571f583a", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Director \nThe Youth Privacy and Marketing Division shall be headed by a Director.", "id": "id22a34d23-ef2a-4b02-8b67-adfc708cd08a", "header": "Director", "nested": [], "links": [] }, { "text": "(c) Duties \nThe Youth Privacy and Marketing Division established under subsection (a) shall be responsible for assisting the Commission to address, as it relates to this Act and the amendments made by this Act— (1) the privacy of children and teens; and (2) marketing directed at children and teens.", "id": "id207fe03e-db8a-412e-bdf1-50bf4be89000", "header": "Duties", "nested": [], "links": [] }, { "text": "(d) Staff \nThe Director of the Youth Privacy and Marketing Division shall hire adequate staff to carry out the duties under subsection (c), including individuals who are experts in data protection, digital advertising, data analytics, and youth development.", "id": "id17557b28-9d88-4f81-800a-164ac42d7c8a", "header": "Staff", "nested": [], "links": [] }, { "text": "(e) Reports \nNot later than 1 year after the date of enactment of this Act, and each year thereafter, the Director of the Youth and Privacy Marketing Division shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes— (1) a description of the work of the Youth Privacy and Marketing Division on emerging concerns relating to youth privacy and marketing practices; and (2) an assessment of how effectively the Commission has, during the period for which the report is submitted, addressed youth privacy and marketing practices.", "id": "id6080f540-d3dd-4680-ba6e-cd9a08bbd390", "header": "Reports", "nested": [], "links": [] } ], "links": [] }, { "text": "11. Enforcement and applicability \n(a) Enforcement by the Commission \n(1) In general \nExcept as otherwise provided, this Act and the regulations prescribed under this Act shall be enforced by the Commission under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (2) Unfair or deceptive acts or practices \nSubject to subsection (b), a violation of this Act or a regulation prescribed under this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (3) Actions by the Commission \n(A) In general \nSubject to subsection (b), and except as provided in subsection (d)(1), the Commission shall prevent any person from violating this Act or a regulation prescribed under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act, and any person who violates this Act or such regulation shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (B) Violations \nNotwithstanding section 5(m) of the Federal Trade Commission Act ( 15 U.S.C. 45(m) ), a civil penalty recovered for a violation of this Act or a regulation prescribed under this Act may be in excess of the amounts provided for in that section as the court finds appropriate to deter violations of this Act and regulations prescribed under this Act. (b) Enforcement by certain other agencies \nNotwithstanding subsection (a), compliance with the requirements imposed under this Act shall be enforced as follows: (1) Under section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 ) by the appropriate Federal banking agency, with respect to an insured depository institution (as such terms are defined in section 3 of such Act ( 12 U.S.C. 1813 )). (2) Under the Federal Credit Union Act ( 12 U.S.C. 1751 et seq. ) by the National Credit Union Administration Board, with respect to any Federal credit union. (3) Under part A of subtitle VII of title 49, United States Code, by the Secretary of Transportation, with respect to any air carrier or foreign air carrier subject to such part. (4) Under the Packers and Stockyards Act, 1921 ( 7 U.S.C. 181 et seq. ) (except as provided in section 406 of that Act ( 7 U.S.C. 226 , 227)) by the Secretary of Agriculture, with respect to any activities subject to that Act. (5) Under the Farm Credit Act of 1971 ( 12 U.S.C. 2001 et seq. ) by the Farm Credit Administration, with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association. (c) Enforcement by State attorneys general \n(1) In general \n(A) Civil actions \nIn any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates this Act or a regulation prescribed under this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to— (i) enjoin that practice; (ii) enforce compliance with this Act or such regulation; (iii) obtain damages, restitution, or other compensation on behalf of residents of the State; or (iv) obtain such other relief as the court may consider to be appropriate. (B) Notice \n(i) In general \nBefore filing an action under subparagraph (A), the attorney general of the State involved shall provide to the Commission— (I) written notice of that action; and (II) a copy of the complaint for that action. (ii) Exemption \n(I) In general \nClause (i) shall not apply with respect to the filing of an action by an attorney general of a State under this paragraph if the attorney general of the State determines that it is not feasible to provide the notice described in that clause before the filing of the action. (II) Notification \nIn an action described in subclause (I), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. (2) Intervention \n(A) In general \nOn receiving notice under paragraph (1)(B), the Commission shall have the right to intervene in the action that is the subject of the notice. (B) Effect of intervention \nIf the Commission intervenes in an action under paragraph (1), it shall have the right— (i) to be heard with respect to any matter that arises in that action; and (ii) to file a petition for appeal. (3) Construction \nFor purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to— (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary and other evidence. (4) Actions by the Commission \nIn any case in which an action is instituted by or on behalf of the Commission for violation of this Act or a regulation prescribed under this Act, no State may, during the pendency of that action, institute a separate action under paragraph (1) against any defendant named in the complaint in the action instituted by or on behalf of the Commission for that violation. (5) Venue; service of process \n(A) Venue \nAny action brought under paragraph (1) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (B) Service of process \nIn an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (d) Telecommunications carriers and cable operators \n(1) Enforcement by Commission \nNotwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 , 45(a)(2), 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act and regulations promulgated under this Act, in the same manner provided in paragraph (a), with respect to common carriers subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) and Acts amendatory thereof and supplementary thereto. (2) Relationship to other laws \nTo the extent that section 222, 338(i), or 631 of the Communications Act of 1934 ( 47 U.S.C. 222 , 338(i), 551) is inconsistent with this Act, this Act controls. (e) Safe harbors \n(1) Definition \nIn this subsection— (A) the term applicable section means section 5, 6, 7, or 8 of this Act; (B) the term covered operator means an operator subject to guidelines approved under paragraph (2); (C) the term requesting entity means an entity that submits a safe harbor request to the Commission; and (D) the term safe harbor request means a request to have self-regulatory guidelines described in paragraph (2)(A) approved under that paragraph. (2) Guidelines \n(A) In general \nAn operator may satisfy the requirements of regulations issued under an applicable section by following a set of self-regulatory guidelines, issued by representatives of the marketing or online industries, or by other persons, that, after notice and an opportunity for comment, are approved by the Commission upon making a determination that the guidelines meet the requirements of the regulations issued under that applicable section. (B) Expedited response to requests \nNot later than 180 days after the date on which a safe harbor request is filed under subparagraph (A), the Commission shall act upon the request set forth in writing the conclusions of the Commission with regard to the request. (C) Appeals \nA requesting entity may appeal the final action of the Commission under subparagraph (B), or a failure by the Commission to act in the period described in that paragraph, to a district court of the United States of appropriate jurisdiction, as provided for in section 706 of title 5, United States Code. (3) Incentives \n(A) Self-regulatory incentives \nIn prescribing regulations under an applicable section, the Commission shall provide incentives for self-regulation by covered operators to implement the protections afforded children and teens, as applicable, under the regulatory requirements described in those sections. (B) Deemed compliance \nThe incentives under subparagraph (A) shall include provisions for ensuring that a covered operator will be deemed to be in compliance with the requirements of the regulations under an applicable section if that person complies with guidelines approved under paragraph (2). (4) Regulations \n(A) In general \nIn prescribing regulations relating to safe harbor guidelines under an applicable section, the Commission shall— (i) establish criteria for the approval of guidelines that will ensure that a covered operator provides substantially the same or greater protections for children and teens, as applicable, as those contained in the regulations issued under the applicable section; and (ii) subject to subsection (B), require that any report or documentation required to be submitted to the Commission by a covered operator or requesting entity will be published on the internet website of the Commission. (B) Restrictions on publication \nThe restrictions described in subsection (f) of section 6 of the Federal Trade Commission Act ( 15 U.S.C. 46(f) ) applicable to the publication of information obtained by the Commission through investigations conducted under such section shall apply in same manner to the publication under this paragraph of information included in a report or documentation described in subparagraph (A). (5) Report by the Inspector General \n(A) In general \nNot later than 2 years after the date of enactment of this Act, and once each 2 years thereafter, the Inspector General of the Commission shall submit to the Commission and each committee of the Senate and each committee of the House of Representatives that has jurisdiction over the Commission a report regarding the safe harbor provisions under this subparagraph, which shall include— (i) an analysis of whether the safe harbor provisions are— (I) operating fairly and effectively; and (II) effectively protecting the interests of children and teens; and (ii) proposals for policy changes that would improve the effectiveness of the safe harbor provisions. (B) Publication \nNot later than 10 days after the date on which a report under subparagraph (A) is submitted, the Commission shall publish the report on the internet website of the Commission. (f) Effective date \nThis section shall take effect on the date that is 90 days after the date of enactment of this Act. (g) Rule of construction \nNothing in this Act may be construed to authorize any action by the Commission that would violate section 18(h) of the Federal Trade Commission Act ( 15 U.S.C. 57a(h) ).", "id": "idcdb08df7-f37a-4cd0-b5d3-071bc8d991c9", "header": "Enforcement and applicability", "nested": [ { "text": "(a) Enforcement by the Commission \n(1) In general \nExcept as otherwise provided, this Act and the regulations prescribed under this Act shall be enforced by the Commission under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (2) Unfair or deceptive acts or practices \nSubject to subsection (b), a violation of this Act or a regulation prescribed under this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (3) Actions by the Commission \n(A) In general \nSubject to subsection (b), and except as provided in subsection (d)(1), the Commission shall prevent any person from violating this Act or a regulation prescribed under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act, and any person who violates this Act or such regulation shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (B) Violations \nNotwithstanding section 5(m) of the Federal Trade Commission Act ( 15 U.S.C. 45(m) ), a civil penalty recovered for a violation of this Act or a regulation prescribed under this Act may be in excess of the amounts provided for in that section as the court finds appropriate to deter violations of this Act and regulations prescribed under this Act.", "id": "id7e99fe35-22fe-4491-820e-a94e2764221a", "header": "Enforcement by the Commission", "nested": [], "links": [ { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 57a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 45(m)", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "(b) Enforcement by certain other agencies \nNotwithstanding subsection (a), compliance with the requirements imposed under this Act shall be enforced as follows: (1) Under section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 ) by the appropriate Federal banking agency, with respect to an insured depository institution (as such terms are defined in section 3 of such Act ( 12 U.S.C. 1813 )). (2) Under the Federal Credit Union Act ( 12 U.S.C. 1751 et seq. ) by the National Credit Union Administration Board, with respect to any Federal credit union. (3) Under part A of subtitle VII of title 49, United States Code, by the Secretary of Transportation, with respect to any air carrier or foreign air carrier subject to such part. (4) Under the Packers and Stockyards Act, 1921 ( 7 U.S.C. 181 et seq. ) (except as provided in section 406 of that Act ( 7 U.S.C. 226 , 227)) by the Secretary of Agriculture, with respect to any activities subject to that Act. (5) Under the Farm Credit Act of 1971 ( 12 U.S.C. 2001 et seq. ) by the Farm Credit Administration, with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association.", "id": "id17c6387e-bc6a-41d3-99f1-5cfbc2b3e740", "header": "Enforcement by certain other agencies", "nested": [], "links": [ { "text": "12 U.S.C. 1818", "legal-doc": "usc", "parsable-cite": "usc/12/1818" }, { "text": "12 U.S.C. 1813", "legal-doc": "usc", "parsable-cite": "usc/12/1813" }, { "text": "12 U.S.C. 1751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/1751" }, { "text": "7 U.S.C. 181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/181" }, { "text": "7 U.S.C. 226", "legal-doc": "usc", "parsable-cite": "usc/7/226" }, { "text": "12 U.S.C. 2001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/2001" } ] }, { "text": "(c) Enforcement by State attorneys general \n(1) In general \n(A) Civil actions \nIn any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates this Act or a regulation prescribed under this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to— (i) enjoin that practice; (ii) enforce compliance with this Act or such regulation; (iii) obtain damages, restitution, or other compensation on behalf of residents of the State; or (iv) obtain such other relief as the court may consider to be appropriate. (B) Notice \n(i) In general \nBefore filing an action under subparagraph (A), the attorney general of the State involved shall provide to the Commission— (I) written notice of that action; and (II) a copy of the complaint for that action. (ii) Exemption \n(I) In general \nClause (i) shall not apply with respect to the filing of an action by an attorney general of a State under this paragraph if the attorney general of the State determines that it is not feasible to provide the notice described in that clause before the filing of the action. (II) Notification \nIn an action described in subclause (I), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. (2) Intervention \n(A) In general \nOn receiving notice under paragraph (1)(B), the Commission shall have the right to intervene in the action that is the subject of the notice. (B) Effect of intervention \nIf the Commission intervenes in an action under paragraph (1), it shall have the right— (i) to be heard with respect to any matter that arises in that action; and (ii) to file a petition for appeal. (3) Construction \nFor purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to— (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary and other evidence. (4) Actions by the Commission \nIn any case in which an action is instituted by or on behalf of the Commission for violation of this Act or a regulation prescribed under this Act, no State may, during the pendency of that action, institute a separate action under paragraph (1) against any defendant named in the complaint in the action instituted by or on behalf of the Commission for that violation. (5) Venue; service of process \n(A) Venue \nAny action brought under paragraph (1) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (B) Service of process \nIn an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found.", "id": "idefedb4af-524c-4302-bceb-fa0e77811849", "header": "Enforcement by State attorneys general", "nested": [], "links": [] }, { "text": "(d) Telecommunications carriers and cable operators \n(1) Enforcement by Commission \nNotwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 , 45(a)(2), 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act and regulations promulgated under this Act, in the same manner provided in paragraph (a), with respect to common carriers subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) and Acts amendatory thereof and supplementary thereto. (2) Relationship to other laws \nTo the extent that section 222, 338(i), or 631 of the Communications Act of 1934 ( 47 U.S.C. 222 , 338(i), 551) is inconsistent with this Act, this Act controls.", "id": "iddd69cc4d-32bd-47dc-8090-3528311abd74", "header": "Telecommunications carriers and cable operators", "nested": [], "links": [ { "text": "15 U.S.C. 44", "legal-doc": "usc", "parsable-cite": "usc/15/44" }, { "text": "47 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/47/151" }, { "text": "47 U.S.C. 222", "legal-doc": "usc", "parsable-cite": "usc/47/222" } ] }, { "text": "(e) Safe harbors \n(1) Definition \nIn this subsection— (A) the term applicable section means section 5, 6, 7, or 8 of this Act; (B) the term covered operator means an operator subject to guidelines approved under paragraph (2); (C) the term requesting entity means an entity that submits a safe harbor request to the Commission; and (D) the term safe harbor request means a request to have self-regulatory guidelines described in paragraph (2)(A) approved under that paragraph. (2) Guidelines \n(A) In general \nAn operator may satisfy the requirements of regulations issued under an applicable section by following a set of self-regulatory guidelines, issued by representatives of the marketing or online industries, or by other persons, that, after notice and an opportunity for comment, are approved by the Commission upon making a determination that the guidelines meet the requirements of the regulations issued under that applicable section. (B) Expedited response to requests \nNot later than 180 days after the date on which a safe harbor request is filed under subparagraph (A), the Commission shall act upon the request set forth in writing the conclusions of the Commission with regard to the request. (C) Appeals \nA requesting entity may appeal the final action of the Commission under subparagraph (B), or a failure by the Commission to act in the period described in that paragraph, to a district court of the United States of appropriate jurisdiction, as provided for in section 706 of title 5, United States Code. (3) Incentives \n(A) Self-regulatory incentives \nIn prescribing regulations under an applicable section, the Commission shall provide incentives for self-regulation by covered operators to implement the protections afforded children and teens, as applicable, under the regulatory requirements described in those sections. (B) Deemed compliance \nThe incentives under subparagraph (A) shall include provisions for ensuring that a covered operator will be deemed to be in compliance with the requirements of the regulations under an applicable section if that person complies with guidelines approved under paragraph (2). (4) Regulations \n(A) In general \nIn prescribing regulations relating to safe harbor guidelines under an applicable section, the Commission shall— (i) establish criteria for the approval of guidelines that will ensure that a covered operator provides substantially the same or greater protections for children and teens, as applicable, as those contained in the regulations issued under the applicable section; and (ii) subject to subsection (B), require that any report or documentation required to be submitted to the Commission by a covered operator or requesting entity will be published on the internet website of the Commission. (B) Restrictions on publication \nThe restrictions described in subsection (f) of section 6 of the Federal Trade Commission Act ( 15 U.S.C. 46(f) ) applicable to the publication of information obtained by the Commission through investigations conducted under such section shall apply in same manner to the publication under this paragraph of information included in a report or documentation described in subparagraph (A). (5) Report by the Inspector General \n(A) In general \nNot later than 2 years after the date of enactment of this Act, and once each 2 years thereafter, the Inspector General of the Commission shall submit to the Commission and each committee of the Senate and each committee of the House of Representatives that has jurisdiction over the Commission a report regarding the safe harbor provisions under this subparagraph, which shall include— (i) an analysis of whether the safe harbor provisions are— (I) operating fairly and effectively; and (II) effectively protecting the interests of children and teens; and (ii) proposals for policy changes that would improve the effectiveness of the safe harbor provisions. (B) Publication \nNot later than 10 days after the date on which a report under subparagraph (A) is submitted, the Commission shall publish the report on the internet website of the Commission.", "id": "ida5befc0c-de37-4864-a38b-2bedbc06b367", "header": "Safe harbors", "nested": [], "links": [ { "text": "15 U.S.C. 46(f)", "legal-doc": "usc", "parsable-cite": "usc/15/46" } ] }, { "text": "(f) Effective date \nThis section shall take effect on the date that is 90 days after the date of enactment of this Act.", "id": "id0e33e090-b959-4ac3-89bd-c6bb6ade4b61", "header": "Effective date", "nested": [], "links": [] }, { "text": "(g) Rule of construction \nNothing in this Act may be construed to authorize any action by the Commission that would violate section 18(h) of the Federal Trade Commission Act ( 15 U.S.C. 57a(h) ).", "id": "id3D1838E0CACD4E239C0F191619E9F6CE", "header": "Rule of construction", "nested": [], "links": [ { "text": "15 U.S.C. 57a(h)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" } ] } ], "links": [ { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 57a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 45(m)", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "12 U.S.C. 1818", "legal-doc": "usc", "parsable-cite": "usc/12/1818" }, { "text": "12 U.S.C. 1813", "legal-doc": "usc", "parsable-cite": "usc/12/1813" }, { "text": "12 U.S.C. 1751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/1751" }, { "text": "7 U.S.C. 181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/181" }, { "text": "7 U.S.C. 226", "legal-doc": "usc", "parsable-cite": "usc/7/226" }, { "text": "12 U.S.C. 2001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/2001" }, { "text": "15 U.S.C. 44", "legal-doc": "usc", "parsable-cite": "usc/15/44" }, { "text": "47 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/47/151" }, { "text": "47 U.S.C. 222", "legal-doc": "usc", "parsable-cite": "usc/47/222" }, { "text": "15 U.S.C. 46(f)", "legal-doc": "usc", "parsable-cite": "usc/15/46" }, { "text": "15 U.S.C. 57a(h)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" } ] }, { "text": "12. GAO study \n(a) Study \nThe Comptroller General of the United States (in this section referred to as the Comptroller General ) shall conduct a study on the privacy of teens who use financial technology products. Such study shall— (1) identify the type of financial technology products that teens are using; (2) identify the potential risks to teens' privacy from using such financial technology products; and (3) determine whether existing laws are sufficient to address such risks to teens' privacy. (b) Report \nNot later than 1 year after the date of enactment of this section, the Comptroller General shall submit to 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": "idE1DBE4BAE9014897837B0791ADC71EB3", "header": "GAO study", "nested": [ { "text": "(a) Study \nThe Comptroller General of the United States (in this section referred to as the Comptroller General ) shall conduct a study on the privacy of teens who use financial technology products. Such study shall— (1) identify the type of financial technology products that teens are using; (2) identify the potential risks to teens' privacy from using such financial technology products; and (3) determine whether existing laws are sufficient to address such risks to teens' privacy.", "id": "id3096900f74be4913ab0525ba4dbe4a94", "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 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": "id2ecbf47820e64f0db9f327d53f617d77", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Children and Teens’ Online Privacy Protection Act. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Online collection, use, disclosure, and deletion of personal information of children and teens. Sec. 3. Study and reports of mobile and online application oversight and enforcement. Sec. 4. GAO study.", "id": "ide31a7695-19b7-425b-b347-3c1ce63a13db", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Children and Teens’ Online Privacy Protection Act.", "id": "idb6510084-c08f-4ccc-84b8-80a0c26d97be", "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. Online collection, use, disclosure, and deletion of personal information of children and teens. Sec. 3. Study and reports of mobile and online application oversight and enforcement. Sec. 4. GAO study.", "id": "ide9ca22c9-fded-46c2-86be-a8c49b930360", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Online collection, use, disclosure, and deletion of personal information of children and teens \n(a) Definitions \nSection 1302 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 ) is amended— (1) by amending paragraph (2) to read as follows: (2) Operator \nThe term operator — (A) means any person— (i) who, for commercial purposes, in interstate or foreign commerce operates or provides a website on the internet, an online service, an online application, or a mobile application; and (ii) who— (I) collects or maintains, either directly or through a service provider, personal information from or about the users of that website, service, or application; (II) allows another person to collect personal information directly from users of that website, service, or application (in which case, the operator is deemed to have collected the information); or (III) allows users of that website, service, or application to publicly disclose personal information (in which case, the operator is deemed to have collected the information); and (B) does not include any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ). ; (2) in paragraph (4)— (A) by amending subparagraph (A) to read as follows: (A) the release of personal information collected from a child or teen by an operator for any purpose, except where the personal information is provided to a person other than an operator who— (i) provides support for the internal operations of the website, online service, online application, or mobile application of the operator, excluding any activity relating to individual-specific advertising to children or teens; and (ii) does not disclose or use that personal information for any other purpose; and ; and (B) in subparagraph (B)— (i) by inserting or teen after child each place the term appears; and (ii) by striking website or online service and inserting website, online service, online application, or mobile application ; (3) by striking paragraph (8) and inserting the following: (8) Personal information \n(A) In general \nThe term personal information means individually identifiable information about an individual collected online, including— (i) a first and last name; (ii) a home or other physical address including street name and name of a city or town; (iii) an e-mail address; (iv) a telephone number; (v) a Social Security number; (vi) any other identifier that the Commission determines permits the physical or online contacting of a specific individual; (vii) geolocation information; (viii) information generated from the measurement or technological processing of an individual's biological, physical, or physiological characteristics that is used to identify an individual, including— (I) fingerprints; (II) voice prints; (III) iris or retina imagery scans; (IV) facial templates; (V) deoxyribonucleic acid (DNA) information; or (VI) gait; (ix) information linked or reasonably linkable to a child or teen; or (x) information linked or reasonably linkable to a child or teen or the parents of that child or teen (including any unique identifier) that an operator collects online from the child or teen and combines with an identifier described in this subparagraph. (B) Exclusion \nThe term personal information shall not include an audio file that contains a child’s or teen’s voice so long as the operator— (i) does not request information via voice that would otherwise be considered personal information under this paragraph; (ii) provides clear notice of its collection and use of the audio file and its deletion policy in its privacy policy; (iii) only uses the voice within the audio file solely as a replacement for written words, to perform a task, or engage with a website, online service, online application, or mobile application, such as to perform a search or fulfill a verbal instruction or request; and (iv) only maintains the audio file long enough to complete the stated purpose and then immediately deletes the audio file and does not make any other use of the audio file prior to deletion. ; (4) by amending paragraph (9) to read as follows: (9) Verifiable consent \nThe term verifiable consent means any reasonable effort (taking into consideration available technology), including a request for authorization for future collection, use, and disclosure described in the notice, to ensure that, in the case of a child, a parent of the child, or, in the case of a teen, the teen— (A) receives specific notice of the personal information collection, use, and disclosure practices of the operator; and (B) before the personal information of the child or teen is collected, freely and unambiguously authorizes— (i) the collection, use, and disclosure, as applicable, of that personal information; and (ii) any subsequent use of that personal information. ; (5) in paragraph (10)— (A) in the paragraph header, by striking Website or online service directed to children and inserting Website, online service, online application, or mobile application directed to children ; (B) by striking website or online service each place it appears and inserting website, online service, online application, or mobile application ; and (C) by adding at the end the following new subparagraph: (C) Rule of construction \nIn considering whether a website, online service, online application, or mobile application is directed to children, the Commission shall, using competent and reliable empirical evidence, apply a totality of circumstances test to consider the intended audience of the website, online service, online application, or mobile application, as a whole. ; and (6) by adding at the end the following: (13) Connected device \nThe term connected device means a device that is capable of connecting to the internet, directly or indirectly, or to another connected device. (14) Online application \nThe term online application — (A) means an internet-connected software program; and (B) includes a service or application offered via a connected device. (15) Mobile application \nThe term mobile application — (A) means a software program that runs on the operating system of— (i) a cellular telephone; (ii) a tablet computer; or (iii) a similar portable computing device that transmits data over a wireless connection; and (B) includes a service or application offered via a connected device. (16) Geolocation information \nThe term geolocation information means information sufficient to identify a street name and name of a city or town. (17) Teen \nThe term teen means an individual over the age of 12 and under the age of 17. (18) Individual-specific advertising to children or teens \n(A) In general \nThe term individual-specific advertising to children or teens means advertising or any other effort to market a product or service that is directed to a specific child or teen or a device that is linked or reasonably linkable to a child or teen— (i) based on— (I) the personal information of— (aa) the child or teen; or (bb) a group of children or teens who are similar in sex, age, income level, race, or ethnicity to the specific child or teen to whom the product or service is marketed; (II) psychological profiling of a child or teen or group of children or teens; or (III) a unique identifier of the device; or (ii) as a result of use by the child or teen, access by any device of the child or teen, or use by a group of children or teens who are similar to the specific child or teen, of more than a single— (I) website; (II) online service; (III) online application; (IV) mobile application; or (V) connected device. (B) Exclusions \nThe term individual-specific advertising to children or teens shall not include— (i) advertising or marketing to an individual or the device of an individual in response to the individual’s specific request for information or feedback, such as a child's or teen's current search query; (ii) contextual advertising, such as when an advertisement is displayed based on the content of the website, online service, online application, mobile application, or connected device in which the advertisement appears and does not vary based on personal information related to the viewer; or (iii) processing personal information solely for measuring or reporting advertising or content performance, reach, or frequency, including independent measurement. (C) Rule of construction \nNothing in subparagraph (A) shall be construed to prohibit an operator with actual knowledge or knowledge fairly implied on the basis of objective circumstances that an individual is under the age of 17 from delivering advertising or marketing that is age-appropriate and intended for a child or teen audience, so long as the operator does not use any personal information other than whether the user is under the age of 17.. (b) Online collection, use, disclosure, and deletion of personal information of children and teens \nSection 1303 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6502 ) is amended— (1) by striking the heading and inserting the following: Online collection, use, disclosure, and deletion of personal information of children and teens. ; (2) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) In general \nIt is unlawful for an operator of a website, online service, online application, or mobile application directed to children or for any operator of a website, online service, online application, or mobile application with actual knowledge or knowledge fairly implied on the basis of objective circumstances— (A) to collect personal information from a child or teen in a manner that violates the regulations prescribed under subsection (b); (B) to collect, use, disclose to third parties, or compile personal information of a child or teen for purposes of individual-specific advertising to children or teens (or to allow another person to collect, use, disclose, or compile such information for such purpose); (C) to collect the personal information of a child or teen except when the collection of the personal information is— (i) consistent with the context of a particular or service or the relationship of the child or teen with the operator, including collection necessary to fulfill a transaction or provide a product or service requested by the child or teen; or (ii) required or specifically authorized by Federal or State law; or (D) to store or transfer the personal information of a child or teen outside of the United States unless the operator discloses to the child or teen involved that their personal information is being stored or transferred outside of the United States; or (E) to retain the personal information of a child or teen for longer than is reasonably necessary to fulfill a transaction or provide a service requested by the child or teen except as required or specifically authorized by Federal or State law. ; and (B) in paragraph (2)— (i) by striking Notwithstanding paragraph (1) and inserting Notwithstanding paragraph (1)(A) ; (ii) by striking of such a website or online service ; and (iii) by striking subsection (b)(1)(B)(iii) to the parent of a child and inserting subsection (b)(1)(B)(iii) to the parent of a child or under subsection (b)(1)(C)(iii) to a teen ; (3) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) by striking operator of any website and all that follows through from a child and inserting operator of a website, online service, online application, or mobile application directed to children or that has actual knowledge or knowledge fairly implied on the basis of objective circumstances that it is collecting personal information from children or teens ; (II) in clause (i)— (aa) by striking notice on the website and inserting clear and conspicuous notice ; (bb) by inserting or teens after children ; (cc) by striking , and the operator's and inserting , the operator's ; and (dd) by striking ; and and inserting , the rights and opportunities available to the parent of the child or teen under subparagraphs (B) and (C), and the procedures or mechanisms the operator uses to ensure that personal information is not collected from children or teens except in accordance with the regulations promulgated under this paragraph; ; (III) in clause (ii)— (aa) by striking parental ; (bb) by inserting or teens after children ; (cc) by striking the semicolon at the end and inserting ; and ; and (IV) by inserting after clause (ii) the following new clause: (iii) to obtain verifiable consent from a parent of a child or a teen before using or disclosing personal information of the child or teen for any purpose that is a material change from the original purposes and disclosure practices specified to the parent of the child or the teen under clause (i); ; (ii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking website or online service and inserting operator ; (II) in clause (i), by inserting and the method by which the operator obtained the personal information, and the purposes for which the operator collects, uses, discloses, and retains the personal information before the semicolon; (III) in clause (ii)— (aa) by inserting to delete personal information collected from the child or content or information submitted by the child to a website, online service, online application, or mobile application and after the opportunity at any time ; and (bb) by striking ; and and inserting a semicolon; (IV) by redesignating clause (iii) as clause (iv) and inserting after clause (ii) the following new clause: (iii) the opportunity to challenge the accuracy of the personal information and, if the parent of the child establishes the inaccuracy of the personal information, to have the inaccurate personal information corrected; ; and (V) in clause (iv), as so redesignated, by inserting , if such information is available to the operator at the time the parent makes the request before the semicolon; (iii) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (iv) by inserting after subparagraph (B) the following new subparagraph: (C) require the operator to provide, upon the request of a teen under this subparagraph who has provided personal information to the operator, upon proper identification of that teen— (i) a description of the specific types of personal information collected from the teen by the operator, the method by which the operator obtained the personal information, and the purposes for which the operator collects, uses, discloses, and retains the personal information; (ii) the opportunity at any time to delete personal information collected from the teen or content or information submitted by the teen to a website, online service, online application, or mobile application and to refuse further use or collection of personal information from the teen; (iii) the opportunity to challenge the accuracy of the personal information and, if the parent of the child establishes the inaccuracy of the personal information, to have the inaccurate personal information corrected; and (iv) a means that is reasonable under the circumstances for the teen to obtain any personal information collected from the teen, if such information is available to the operator at the time the teen makes the request; ; and (v) by amending subparagraph (E), as so redesignated, to read as follows: (E) require the operator to establish, implement, and maintain reasonable security practices to protect the confidentiality, integrity, and accessibility of personal information of children or teens collected by the operator, and to protect such personal information against unauthorized access. ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking verifiable parental consent and inserting verifiable consent ; (ii) in subparagraph (A)— (I) by inserting or teen after collected from a child ; (II) by inserting or teen after request from the child ; and (III) by inserting or teen or to contact another child or teen after to recontact the child ; (iii) in subparagraph (B)— (I) by striking parent or child and inserting parent or teen ; and (II) by striking parental consent each place the term appears and inserting verifiable consent ; (iv) in subparagraph (C)— (I) in the matter preceding clause (i), by inserting or teen after child each place the term appears; (II) in clause (i)— (aa) by inserting or teen after child each place the term appears; and (bb) by inserting or teen, as applicable, after parent each place the term appears; and (III) in clause (ii), by inserting or teen after child each place the term appears; and (v) in subparagraph (D)— (I) in the matter preceding clause (i), by inserting or teen after child each place the term appears; (II) in clause (ii), by inserting or teen after child ; and (III) in the flush text following clause (iii)— (aa) by inserting or teen, as applicable, after parent each place the term appears; and (bb) by inserting or teen after child ; and (C) by adding after paragraph (3) the following: (4) Continuation of service \nThe regulations shall prohibit an operator from discontinuing service provided to a child or teen on the basis of a request by the parent of the child or by the teen, under the regulations prescribed under subparagraph (B) or (C) of paragraph (1), respectively, to delete personal information collected from the child or teen, to the extent that the operator is capable of providing such service without such information. (5) Rule of construction \nA request made pursuant to subparagraph (B) or (C) of paragraph (1) to delete personal information of a child or teen shall not be construed— (A) to limit the authority of a law enforcement agency to obtain any content or information from an operator pursuant to a lawfully executed warrant or an order of a court of competent jurisdiction; (B) to require an operator or third party delete information that— (i) any other provision of Federal or State law requires the operator or third party to maintain; or (ii) was submitted to the website, online service, online application, or mobile application of the operator by any person other than the user who is attempting to erase or otherwise eliminate the content or information, including content or information submitted by the user that was republished or resubmitted by another person; or (C) prohibit an operator from— (i) retaining a record of the deletion request and the minimum information necessary for the purposes of ensuring compliance with a request made pursuant to subparagraph (B) or (C); or (ii) ensuring that the child or teen's information remains deleted. ; and (4) in subsection (c), by striking a regulation prescribed under subsection (a) and inserting subparagraph (B), (C), (D), or (E) of subsection (a)(1), or a of a regulation prescribed under subparagraph (A) of such subsection,. (c) Safe harbors \nSection 1304 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6503 ) is amended— (1) in subsection (b)(1), by inserting and teens after children ; and (2) by adding at the end the following: (d) Publication \n(1) In general \nThe Commission shall publish on the internet website of the Commission any report or documentation required by regulation to be submitted to the Commission to carry out this section. (2) Restrictions on publication \nThe restrictions described in subsection (f) of section 6 of the Federal Trade Commission Act ( 15 U.S.C. 46(f) ) applicable to the publication of information obtained by the Commission through investigations conducted under such section shall apply in same manner to the publication under this subsection of information obtained by the Commission from a report or documentation described in paragraph (1).. (d) Administration and applicability of Act \nSection 1306 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6505 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking , in the case of and all that follows through the Board of Directors of the Federal Deposit Insurance Corporation; and inserting the following: by the appropriate Federal banking agency, with respect to any insured depository institution (as those terms are defined in section 3 of that Act ( 12 U.S.C. 1813 )); ; and (B) by striking paragraph (2) and redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively; and (2) by adding at the end the following new subsections: (f) Determination of whether an operator has knowledge fairly implied on the basis of objective circumstances \n(1) Rule of construction \nFor purposes of enforcing this Act or a regulation promulgated under this Act, in making a determination as to whether an operator has knowledge fairly implied on the basis of objective circumstances that a user is a child or teen, the Commission shall rely on competent and reliable empirical evidence, taking into account the totality of the circumstances, including consideration of whether the operator, using available technology, exercised reasonable care. (2) Protections for privacy \nNothing in the Commission’s determination under paragraph (1) shall be construed to require an operator to— (A) affirmatively collect any personal information with respect to the age of a child or teen that an operator is not already collecting in the normal course of business; or (B) implement an age gating or age verification functionality. (3) Commission guidance \n(A) In general \nWithin 180 days of enactment, the Commission shall issue guidance to provide information, including best practices and examples for operators to understand the Commission’s determination of whether an operator has knowledge fairly implied on the basis of objective circumstances. (B) Limitation \nNo guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. In any enforcement action brought pursuant to this Act, the Commission shall allege a specific violation of a provision of this Act. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidance, unless the practices allegedly violate this Act. (g) Additional requirement \nAny regulations issued under this Act shall include a description and analysis of the impact of proposed and final Rules on small entities per the Regulatory Flexibility Act of 1980 ( 5 U.S.C. 601 et seq. )..", "id": "idf2f4c3fa-9d59-491f-9380-c1896ce677a0", "header": "Online collection, use, disclosure, and deletion of personal information of children and teens", "nested": [ { "text": "(a) Definitions \nSection 1302 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 ) is amended— (1) by amending paragraph (2) to read as follows: (2) Operator \nThe term operator — (A) means any person— (i) who, for commercial purposes, in interstate or foreign commerce operates or provides a website on the internet, an online service, an online application, or a mobile application; and (ii) who— (I) collects or maintains, either directly or through a service provider, personal information from or about the users of that website, service, or application; (II) allows another person to collect personal information directly from users of that website, service, or application (in which case, the operator is deemed to have collected the information); or (III) allows users of that website, service, or application to publicly disclose personal information (in which case, the operator is deemed to have collected the information); and (B) does not include any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ). ; (2) in paragraph (4)— (A) by amending subparagraph (A) to read as follows: (A) the release of personal information collected from a child or teen by an operator for any purpose, except where the personal information is provided to a person other than an operator who— (i) provides support for the internal operations of the website, online service, online application, or mobile application of the operator, excluding any activity relating to individual-specific advertising to children or teens; and (ii) does not disclose or use that personal information for any other purpose; and ; and (B) in subparagraph (B)— (i) by inserting or teen after child each place the term appears; and (ii) by striking website or online service and inserting website, online service, online application, or mobile application ; (3) by striking paragraph (8) and inserting the following: (8) Personal information \n(A) In general \nThe term personal information means individually identifiable information about an individual collected online, including— (i) a first and last name; (ii) a home or other physical address including street name and name of a city or town; (iii) an e-mail address; (iv) a telephone number; (v) a Social Security number; (vi) any other identifier that the Commission determines permits the physical or online contacting of a specific individual; (vii) geolocation information; (viii) information generated from the measurement or technological processing of an individual's biological, physical, or physiological characteristics that is used to identify an individual, including— (I) fingerprints; (II) voice prints; (III) iris or retina imagery scans; (IV) facial templates; (V) deoxyribonucleic acid (DNA) information; or (VI) gait; (ix) information linked or reasonably linkable to a child or teen; or (x) information linked or reasonably linkable to a child or teen or the parents of that child or teen (including any unique identifier) that an operator collects online from the child or teen and combines with an identifier described in this subparagraph. (B) Exclusion \nThe term personal information shall not include an audio file that contains a child’s or teen’s voice so long as the operator— (i) does not request information via voice that would otherwise be considered personal information under this paragraph; (ii) provides clear notice of its collection and use of the audio file and its deletion policy in its privacy policy; (iii) only uses the voice within the audio file solely as a replacement for written words, to perform a task, or engage with a website, online service, online application, or mobile application, such as to perform a search or fulfill a verbal instruction or request; and (iv) only maintains the audio file long enough to complete the stated purpose and then immediately deletes the audio file and does not make any other use of the audio file prior to deletion. ; (4) by amending paragraph (9) to read as follows: (9) Verifiable consent \nThe term verifiable consent means any reasonable effort (taking into consideration available technology), including a request for authorization for future collection, use, and disclosure described in the notice, to ensure that, in the case of a child, a parent of the child, or, in the case of a teen, the teen— (A) receives specific notice of the personal information collection, use, and disclosure practices of the operator; and (B) before the personal information of the child or teen is collected, freely and unambiguously authorizes— (i) the collection, use, and disclosure, as applicable, of that personal information; and (ii) any subsequent use of that personal information. ; (5) in paragraph (10)— (A) in the paragraph header, by striking Website or online service directed to children and inserting Website, online service, online application, or mobile application directed to children ; (B) by striking website or online service each place it appears and inserting website, online service, online application, or mobile application ; and (C) by adding at the end the following new subparagraph: (C) Rule of construction \nIn considering whether a website, online service, online application, or mobile application is directed to children, the Commission shall, using competent and reliable empirical evidence, apply a totality of circumstances test to consider the intended audience of the website, online service, online application, or mobile application, as a whole. ; and (6) by adding at the end the following: (13) Connected device \nThe term connected device means a device that is capable of connecting to the internet, directly or indirectly, or to another connected device. (14) Online application \nThe term online application — (A) means an internet-connected software program; and (B) includes a service or application offered via a connected device. (15) Mobile application \nThe term mobile application — (A) means a software program that runs on the operating system of— (i) a cellular telephone; (ii) a tablet computer; or (iii) a similar portable computing device that transmits data over a wireless connection; and (B) includes a service or application offered via a connected device. (16) Geolocation information \nThe term geolocation information means information sufficient to identify a street name and name of a city or town. (17) Teen \nThe term teen means an individual over the age of 12 and under the age of 17. (18) Individual-specific advertising to children or teens \n(A) In general \nThe term individual-specific advertising to children or teens means advertising or any other effort to market a product or service that is directed to a specific child or teen or a device that is linked or reasonably linkable to a child or teen— (i) based on— (I) the personal information of— (aa) the child or teen; or (bb) a group of children or teens who are similar in sex, age, income level, race, or ethnicity to the specific child or teen to whom the product or service is marketed; (II) psychological profiling of a child or teen or group of children or teens; or (III) a unique identifier of the device; or (ii) as a result of use by the child or teen, access by any device of the child or teen, or use by a group of children or teens who are similar to the specific child or teen, of more than a single— (I) website; (II) online service; (III) online application; (IV) mobile application; or (V) connected device. (B) Exclusions \nThe term individual-specific advertising to children or teens shall not include— (i) advertising or marketing to an individual or the device of an individual in response to the individual’s specific request for information or feedback, such as a child's or teen's current search query; (ii) contextual advertising, such as when an advertisement is displayed based on the content of the website, online service, online application, mobile application, or connected device in which the advertisement appears and does not vary based on personal information related to the viewer; or (iii) processing personal information solely for measuring or reporting advertising or content performance, reach, or frequency, including independent measurement. (C) Rule of construction \nNothing in subparagraph (A) shall be construed to prohibit an operator with actual knowledge or knowledge fairly implied on the basis of objective circumstances that an individual is under the age of 17 from delivering advertising or marketing that is age-appropriate and intended for a child or teen audience, so long as the operator does not use any personal information other than whether the user is under the age of 17..", "id": "idae33d55f-4216-419c-bc9f-3b4b4a52d857", "header": "Definitions", "nested": [], "links": [ { "text": "15 U.S.C. 6501", "legal-doc": "usc", "parsable-cite": "usc/15/6501" }, { "text": "15 U.S.C. 45", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "(b) Online collection, use, disclosure, and deletion of personal information of children and teens \nSection 1303 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6502 ) is amended— (1) by striking the heading and inserting the following: Online collection, use, disclosure, and deletion of personal information of children and teens. ; (2) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) In general \nIt is unlawful for an operator of a website, online service, online application, or mobile application directed to children or for any operator of a website, online service, online application, or mobile application with actual knowledge or knowledge fairly implied on the basis of objective circumstances— (A) to collect personal information from a child or teen in a manner that violates the regulations prescribed under subsection (b); (B) to collect, use, disclose to third parties, or compile personal information of a child or teen for purposes of individual-specific advertising to children or teens (or to allow another person to collect, use, disclose, or compile such information for such purpose); (C) to collect the personal information of a child or teen except when the collection of the personal information is— (i) consistent with the context of a particular or service or the relationship of the child or teen with the operator, including collection necessary to fulfill a transaction or provide a product or service requested by the child or teen; or (ii) required or specifically authorized by Federal or State law; or (D) to store or transfer the personal information of a child or teen outside of the United States unless the operator discloses to the child or teen involved that their personal information is being stored or transferred outside of the United States; or (E) to retain the personal information of a child or teen for longer than is reasonably necessary to fulfill a transaction or provide a service requested by the child or teen except as required or specifically authorized by Federal or State law. ; and (B) in paragraph (2)— (i) by striking Notwithstanding paragraph (1) and inserting Notwithstanding paragraph (1)(A) ; (ii) by striking of such a website or online service ; and (iii) by striking subsection (b)(1)(B)(iii) to the parent of a child and inserting subsection (b)(1)(B)(iii) to the parent of a child or under subsection (b)(1)(C)(iii) to a teen ; (3) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) by striking operator of any website and all that follows through from a child and inserting operator of a website, online service, online application, or mobile application directed to children or that has actual knowledge or knowledge fairly implied on the basis of objective circumstances that it is collecting personal information from children or teens ; (II) in clause (i)— (aa) by striking notice on the website and inserting clear and conspicuous notice ; (bb) by inserting or teens after children ; (cc) by striking , and the operator's and inserting , the operator's ; and (dd) by striking ; and and inserting , the rights and opportunities available to the parent of the child or teen under subparagraphs (B) and (C), and the procedures or mechanisms the operator uses to ensure that personal information is not collected from children or teens except in accordance with the regulations promulgated under this paragraph; ; (III) in clause (ii)— (aa) by striking parental ; (bb) by inserting or teens after children ; (cc) by striking the semicolon at the end and inserting ; and ; and (IV) by inserting after clause (ii) the following new clause: (iii) to obtain verifiable consent from a parent of a child or a teen before using or disclosing personal information of the child or teen for any purpose that is a material change from the original purposes and disclosure practices specified to the parent of the child or the teen under clause (i); ; (ii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking website or online service and inserting operator ; (II) in clause (i), by inserting and the method by which the operator obtained the personal information, and the purposes for which the operator collects, uses, discloses, and retains the personal information before the semicolon; (III) in clause (ii)— (aa) by inserting to delete personal information collected from the child or content or information submitted by the child to a website, online service, online application, or mobile application and after the opportunity at any time ; and (bb) by striking ; and and inserting a semicolon; (IV) by redesignating clause (iii) as clause (iv) and inserting after clause (ii) the following new clause: (iii) the opportunity to challenge the accuracy of the personal information and, if the parent of the child establishes the inaccuracy of the personal information, to have the inaccurate personal information corrected; ; and (V) in clause (iv), as so redesignated, by inserting , if such information is available to the operator at the time the parent makes the request before the semicolon; (iii) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (iv) by inserting after subparagraph (B) the following new subparagraph: (C) require the operator to provide, upon the request of a teen under this subparagraph who has provided personal information to the operator, upon proper identification of that teen— (i) a description of the specific types of personal information collected from the teen by the operator, the method by which the operator obtained the personal information, and the purposes for which the operator collects, uses, discloses, and retains the personal information; (ii) the opportunity at any time to delete personal information collected from the teen or content or information submitted by the teen to a website, online service, online application, or mobile application and to refuse further use or collection of personal information from the teen; (iii) the opportunity to challenge the accuracy of the personal information and, if the parent of the child establishes the inaccuracy of the personal information, to have the inaccurate personal information corrected; and (iv) a means that is reasonable under the circumstances for the teen to obtain any personal information collected from the teen, if such information is available to the operator at the time the teen makes the request; ; and (v) by amending subparagraph (E), as so redesignated, to read as follows: (E) require the operator to establish, implement, and maintain reasonable security practices to protect the confidentiality, integrity, and accessibility of personal information of children or teens collected by the operator, and to protect such personal information against unauthorized access. ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking verifiable parental consent and inserting verifiable consent ; (ii) in subparagraph (A)— (I) by inserting or teen after collected from a child ; (II) by inserting or teen after request from the child ; and (III) by inserting or teen or to contact another child or teen after to recontact the child ; (iii) in subparagraph (B)— (I) by striking parent or child and inserting parent or teen ; and (II) by striking parental consent each place the term appears and inserting verifiable consent ; (iv) in subparagraph (C)— (I) in the matter preceding clause (i), by inserting or teen after child each place the term appears; (II) in clause (i)— (aa) by inserting or teen after child each place the term appears; and (bb) by inserting or teen, as applicable, after parent each place the term appears; and (III) in clause (ii), by inserting or teen after child each place the term appears; and (v) in subparagraph (D)— (I) in the matter preceding clause (i), by inserting or teen after child each place the term appears; (II) in clause (ii), by inserting or teen after child ; and (III) in the flush text following clause (iii)— (aa) by inserting or teen, as applicable, after parent each place the term appears; and (bb) by inserting or teen after child ; and (C) by adding after paragraph (3) the following: (4) Continuation of service \nThe regulations shall prohibit an operator from discontinuing service provided to a child or teen on the basis of a request by the parent of the child or by the teen, under the regulations prescribed under subparagraph (B) or (C) of paragraph (1), respectively, to delete personal information collected from the child or teen, to the extent that the operator is capable of providing such service without such information. (5) Rule of construction \nA request made pursuant to subparagraph (B) or (C) of paragraph (1) to delete personal information of a child or teen shall not be construed— (A) to limit the authority of a law enforcement agency to obtain any content or information from an operator pursuant to a lawfully executed warrant or an order of a court of competent jurisdiction; (B) to require an operator or third party delete information that— (i) any other provision of Federal or State law requires the operator or third party to maintain; or (ii) was submitted to the website, online service, online application, or mobile application of the operator by any person other than the user who is attempting to erase or otherwise eliminate the content or information, including content or information submitted by the user that was republished or resubmitted by another person; or (C) prohibit an operator from— (i) retaining a record of the deletion request and the minimum information necessary for the purposes of ensuring compliance with a request made pursuant to subparagraph (B) or (C); or (ii) ensuring that the child or teen's information remains deleted. ; and (4) in subsection (c), by striking a regulation prescribed under subsection (a) and inserting subparagraph (B), (C), (D), or (E) of subsection (a)(1), or a of a regulation prescribed under subparagraph (A) of such subsection,.", "id": "ida108766b-7f5b-4e12-8b11-7cc186510236", "header": "Online collection, use, disclosure, and deletion of personal information of children and teens", "nested": [], "links": [ { "text": "15 U.S.C. 6502", "legal-doc": "usc", "parsable-cite": "usc/15/6502" } ] }, { "text": "(c) Safe harbors \nSection 1304 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6503 ) is amended— (1) in subsection (b)(1), by inserting and teens after children ; and (2) by adding at the end the following: (d) Publication \n(1) In general \nThe Commission shall publish on the internet website of the Commission any report or documentation required by regulation to be submitted to the Commission to carry out this section. (2) Restrictions on publication \nThe restrictions described in subsection (f) of section 6 of the Federal Trade Commission Act ( 15 U.S.C. 46(f) ) applicable to the publication of information obtained by the Commission through investigations conducted under such section shall apply in same manner to the publication under this subsection of information obtained by the Commission from a report or documentation described in paragraph (1)..", "id": "idf4c2ee78-27cb-405c-8e65-7f0fb1fb8219", "header": "Safe harbors", "nested": [], "links": [ { "text": "15 U.S.C. 6503", "legal-doc": "usc", "parsable-cite": "usc/15/6503" }, { "text": "15 U.S.C. 46(f)", "legal-doc": "usc", "parsable-cite": "usc/15/46" } ] }, { "text": "(d) Administration and applicability of Act \nSection 1306 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6505 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking , in the case of and all that follows through the Board of Directors of the Federal Deposit Insurance Corporation; and inserting the following: by the appropriate Federal banking agency, with respect to any insured depository institution (as those terms are defined in section 3 of that Act ( 12 U.S.C. 1813 )); ; and (B) by striking paragraph (2) and redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively; and (2) by adding at the end the following new subsections: (f) Determination of whether an operator has knowledge fairly implied on the basis of objective circumstances \n(1) Rule of construction \nFor purposes of enforcing this Act or a regulation promulgated under this Act, in making a determination as to whether an operator has knowledge fairly implied on the basis of objective circumstances that a user is a child or teen, the Commission shall rely on competent and reliable empirical evidence, taking into account the totality of the circumstances, including consideration of whether the operator, using available technology, exercised reasonable care. (2) Protections for privacy \nNothing in the Commission’s determination under paragraph (1) shall be construed to require an operator to— (A) affirmatively collect any personal information with respect to the age of a child or teen that an operator is not already collecting in the normal course of business; or (B) implement an age gating or age verification functionality. (3) Commission guidance \n(A) In general \nWithin 180 days of enactment, the Commission shall issue guidance to provide information, including best practices and examples for operators to understand the Commission’s determination of whether an operator has knowledge fairly implied on the basis of objective circumstances. (B) Limitation \nNo guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. In any enforcement action brought pursuant to this Act, the Commission shall allege a specific violation of a provision of this Act. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidance, unless the practices allegedly violate this Act. (g) Additional requirement \nAny regulations issued under this Act shall include a description and analysis of the impact of proposed and final Rules on small entities per the Regulatory Flexibility Act of 1980 ( 5 U.S.C. 601 et seq. )..", "id": "id2f66b7c6-7c53-4888-8bac-945105ab7727", "header": "Administration and applicability of Act", "nested": [], "links": [ { "text": "15 U.S.C. 6505", "legal-doc": "usc", "parsable-cite": "usc/15/6505" }, { "text": "12 U.S.C. 1813", "legal-doc": "usc", "parsable-cite": "usc/12/1813" }, { "text": "5 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/5/601" } ] } ], "links": [ { "text": "15 U.S.C. 6501", "legal-doc": "usc", "parsable-cite": "usc/15/6501" }, { "text": "15 U.S.C. 45", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "15 U.S.C. 6502", "legal-doc": "usc", "parsable-cite": "usc/15/6502" }, { "text": "15 U.S.C. 6503", "legal-doc": "usc", "parsable-cite": "usc/15/6503" }, { "text": "15 U.S.C. 46(f)", "legal-doc": "usc", "parsable-cite": "usc/15/46" }, { "text": "15 U.S.C. 6505", "legal-doc": "usc", "parsable-cite": "usc/15/6505" }, { "text": "12 U.S.C. 1813", "legal-doc": "usc", "parsable-cite": "usc/12/1813" }, { "text": "5 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/5/601" } ] }, { "text": "3. Study and reports of mobile and online application oversight and enforcement \n(a) Oversight report \nNot later than 3 years after the date of enactment of this Act, the Federal Trade Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the processes of platforms that offer mobile and online applications for ensuring that, of those applications that are websites, online services, online applications, or mobile applications directed to children, the applications operate in accordance with— (1) this Act, the amendments made by this Act, and rules promulgated under this Act; and (2) rules promulgated by the Commission under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) relating to unfair or deceptive acts or practices in marketing. (b) Enforcement report \nNot later than 1 year after the date of enactment of this Act, and each year thereafter, the Federal Trade Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that addresses, at a minimum— (1) the number of actions brought by the Commission during the reporting year to enforce the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 ) (referred to in this subsection as the Act ) and the outcome of each such action; (2) the total number of investigations or inquiries into potential violations of the Act; during the reporting year; (3) the total number of open investigations or inquiries into potential violations of the Act as of the time the report is submitted; (4) the number and nature of complaints received by the Commission relating to an allegation of a violation of the Act during the reporting year; and (5) policy or legislative recommendations to strengthen online protections for children and teens.", "id": "idc9829a83-1ea2-497c-a6d6-104857548209", "header": "Study and reports of mobile and online application oversight and enforcement", "nested": [ { "text": "(a) Oversight report \nNot later than 3 years after the date of enactment of this Act, the Federal Trade Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the processes of platforms that offer mobile and online applications for ensuring that, of those applications that are websites, online services, online applications, or mobile applications directed to children, the applications operate in accordance with— (1) this Act, the amendments made by this Act, and rules promulgated under this Act; and (2) rules promulgated by the Commission under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) relating to unfair or deceptive acts or practices in marketing.", "id": "idb8cbeb26dc9e4973988abbc2c1456513", "header": "Oversight report", "nested": [], "links": [ { "text": "15 U.S.C. 45", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "(b) Enforcement report \nNot later than 1 year after the date of enactment of this Act, and each year thereafter, the Federal Trade Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that addresses, at a minimum— (1) the number of actions brought by the Commission during the reporting year to enforce the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 ) (referred to in this subsection as the Act ) and the outcome of each such action; (2) the total number of investigations or inquiries into potential violations of the Act; during the reporting year; (3) the total number of open investigations or inquiries into potential violations of the Act as of the time the report is submitted; (4) the number and nature of complaints received by the Commission relating to an allegation of a violation of the Act during the reporting year; and (5) policy or legislative recommendations to strengthen online protections for children and teens.", "id": "id7bb3e4a01dfa4d47816de4c63ed1656c", "header": "Enforcement report", "nested": [], "links": [ { "text": "15 U.S.C. 6501", "legal-doc": "usc", "parsable-cite": "usc/15/6501" } ] } ], "links": [ { "text": "15 U.S.C. 45", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "15 U.S.C. 6501", "legal-doc": "usc", "parsable-cite": "usc/15/6501" } ] }, { "text": "4. GAO study \n(a) Study \nThe Comptroller General of the United States (in this section referred to as the Comptroller General ) shall conduct a study on the privacy of teens who use financial technology products. Such study shall— (1) identify the type of financial technology products that teens are using; (2) identify the potential risks to teens' privacy from using such financial technology products; and (3) determine whether existing laws are sufficient to address such risks to teens' privacy. (b) Report \nNot later than 1 year after the date of enactment of this section, the Comptroller General shall submit to 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": "id829a3662-af72-497d-b94f-ec86837fed91", "header": "GAO study", "nested": [ { "text": "(a) Study \nThe Comptroller General of the United States (in this section referred to as the Comptroller General ) shall conduct a study on the privacy of teens who use financial technology products. Such study shall— (1) identify the type of financial technology products that teens are using; (2) identify the potential risks to teens' privacy from using such financial technology products; and (3) determine whether existing laws are sufficient to address such risks to teens' privacy.", "id": "idf4a12f62-94cb-41f6-b61e-f96d90da8ef0", "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 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": "idaa96650a-e270-4a87-b83e-13c3b757ae18", "header": "Report", "nested": [], "links": [] } ], "links": [] } ]

[ "Administrative law and regulatory procedures", "Child safety and welfare", "Civil actions and liability", "Computer security and identity theft", "Computers and information technology", "Consumer affairs", "Federal Trade Commission (FTC)", "Internet, web applications, social media", "Marketing and advertising", "Right of privacy", "State and local government operations", "Telephone and wireless communication" ]

[ { "text": "1. Conveyance of Pleasant Valley Ranger District Administrative Site to Gila County, Arizona \n(a) Definitions \nIn this section: (1) County \nThe term County means Gila County, Arizona. (2) Map \nThe term map means the map entitled Pleasant Valley Admin Site Proposal and dated September 24, 2021. (3) Secretary \nThe term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (b) Conveyance required \nSubject to this section, if the County submits to the Secretary a written request for conveyance of the property described in subsection (c) not later than 180 days after the date of enactment of this Act, the Secretary shall convey to the County all right, title, and interest of the United States in and to the property described in subsection (c). (c) Description of property \n(1) In general \nThe property referred to in subsection (b) is the parcel of real property, including all land and improvements, generally depicted as Gila County Area on the map, consisting of approximately 232.9 acres of National Forest System land located in the Tonto National Forest in Arizona. (2) Map \n(A) Minor errors \nThe Secretary may correct minor errors in the map. (B) Availability \nA copy of the map shall be on file and available for public inspection in the appropriate offices of the Forest Service. (3) Survey \nThe exact acreage and legal description of the National Forest System land to be conveyed under subsection (b) shall be determined by a survey satisfactory to the Secretary. (d) Terms and conditions \nThe conveyance under subsection (b) shall be— (1) subject to valid existing rights; (2) made without consideration; (3) made by quitclaim deed; and (4) subject to such other terms and conditions as the Secretary considers to be appropriate to protect the interests of the United States. (e) Costs of conveyance \nAs a condition of the conveyance under subsection (b), the County shall pay all costs associated with the conveyance, including the cost of— (1) a survey, if necessary, under subsection (c)(3); and (2) any environmental analysis or resource survey required under Federal law. (f) Environmental conditions \nNotwithstanding section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h)(3)(A) ), the Secretary shall not be required to provide any covenant or warranty for the land and improvements conveyed to the County under subsection (c). (g) Reversion \nIf any land conveyed under subsection (b) ceases to be used for purposes of serving veterans of the Armed Forces, all right, title, and interest in and to the land shall revert to the United States.", "id": "S1", "header": "Conveyance of Pleasant Valley Ranger District Administrative Site to Gila County, Arizona", "nested": [ { "text": "(a) Definitions \nIn this section: (1) County \nThe term County means Gila County, Arizona. (2) Map \nThe term map means the map entitled Pleasant Valley Admin Site Proposal and dated September 24, 2021. (3) Secretary \nThe term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.", "id": "id3A4506AC86D4453FBA720B39A3818C43", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Conveyance required \nSubject to this section, if the County submits to the Secretary a written request for conveyance of the property described in subsection (c) not later than 180 days after the date of enactment of this Act, the Secretary shall convey to the County all right, title, and interest of the United States in and to the property described in subsection (c).", "id": "id9E5F76359DC5437FBAA89D25D0F6E3FB", "header": "Conveyance required", "nested": [], "links": [] }, { "text": "(c) Description of property \n(1) In general \nThe property referred to in subsection (b) is the parcel of real property, including all land and improvements, generally depicted as Gila County Area on the map, consisting of approximately 232.9 acres of National Forest System land located in the Tonto National Forest in Arizona. (2) Map \n(A) Minor errors \nThe Secretary may correct minor errors in the map. (B) Availability \nA copy of the map shall be on file and available for public inspection in the appropriate offices of the Forest Service. (3) Survey \nThe exact acreage and legal description of the National Forest System land to be conveyed under subsection (b) shall be determined by a survey satisfactory to the Secretary.", "id": "id6E4C5113FC844732AA2CD1AC82C1F809", "header": "Description of property", "nested": [], "links": [] }, { "text": "(d) Terms and conditions \nThe conveyance under subsection (b) shall be— (1) subject to valid existing rights; (2) made without consideration; (3) made by quitclaim deed; and (4) subject to such other terms and conditions as the Secretary considers to be appropriate to protect the interests of the United States.", "id": "id1e42a315c0a54e039de47887102fb2ff", "header": "Terms and conditions", "nested": [], "links": [] }, { "text": "(e) Costs of conveyance \nAs a condition of the conveyance under subsection (b), the County shall pay all costs associated with the conveyance, including the cost of— (1) a survey, if necessary, under subsection (c)(3); and (2) any environmental analysis or resource survey required under Federal law.", "id": "id40ec96abaa244fada540ca64a4fd1829", "header": "Costs of conveyance", "nested": [], "links": [] }, { "text": "(f) Environmental conditions \nNotwithstanding section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h)(3)(A) ), the Secretary shall not be required to provide any covenant or warranty for the land and improvements conveyed to the County under subsection (c).", "id": "id09cbc74c3e7d4488a734025f6c3f9e4e", "header": "Environmental conditions", "nested": [], "links": [ { "text": "42 U.S.C. 9620(h)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/9620" } ] }, { "text": "(g) Reversion \nIf any land conveyed under subsection (b) ceases to be used for purposes of serving veterans of the Armed Forces, all right, title, and interest in and to the land shall revert to the United States.", "id": "idc42ca132c9ed4c0c8fa79bdaff7a26f4", "header": "Reversion", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 9620(h)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/9620" } ] }, { "text": "1. Conveyance of Pleasant Valley Ranger District Administrative Site to Gila County, Arizona \n(a) Definitions \nIn this section: (1) County \nThe term County means Gila County, Arizona. (2) Map \nThe term map means the map entitled Pleasant Valley Admin Site Proposal and dated September 24, 2021. (3) Secretary \nThe term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (b) Conveyance required \nSubject to this section, if the County submits to the Secretary a written request for conveyance of the property described in subsection (c), not later than 180 days after the date of enactment of this Act, the Secretary shall convey to the County all right, title, and interest of the United States in and to the property described in subsection (c). (c) Description of property \n(1) In general \nThe property referred to in subsection (b) is the parcel of real property, including all land and improvements, generally depicted as Gila County Area on the map, consisting of approximately 232.9 acres of National Forest System land located in the Tonto National Forest in Arizona. (2) Map \n(A) Minor errors \nThe Secretary may correct minor errors in the map. (B) Availability \nA copy of the map shall be on file and available for public inspection in the appropriate offices of the Forest Service. (3) Survey \nThe exact acreage and legal description of the National Forest System land to be conveyed under subsection (b) shall be determined by a survey satisfactory to the Secretary. (d) Terms and conditions \nThe conveyance under subsection (b) shall be— (1) subject to valid existing rights; (2) made without consideration; (3) made by quitclaim deed; and (4) subject to such other terms and conditions as the Secretary considers to be appropriate. (e) Costs of conveyance \nAs a condition of the conveyance under subsection (b), the County shall pay all costs associated with the conveyance, including the cost of— (1) a survey, if necessary, under subsection (c)(3); and (2) any analysis, review, or resource survey required under Federal law. (f) Environmental conditions \nNotwithstanding section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h)(3)(A) ), the Secretary shall not be required to provide any covenant or warranty for the land and improvements conveyed to the County under subsection (b). (g) Use of land; reversion \n(1) Use of land \nThe land and improvements conveyed to the County under subsection (b) shall be used by the County only for the purpose of providing recreational and other services to veterans of the Armed Forces. (2) Reversion \nIf any land conveyed to the County under subsection (b) ceases to be used for the purposes described in paragraph (1), all right, title, and interest in and to the land may, at the discretion of the Secretary, revert to the United States.", "id": "ida089d1ae324545f08f2b2e22a4db0141", "header": "Conveyance of Pleasant Valley Ranger District Administrative Site to Gila County, Arizona", "nested": [ { "text": "(a) Definitions \nIn this section: (1) County \nThe term County means Gila County, Arizona. (2) Map \nThe term map means the map entitled Pleasant Valley Admin Site Proposal and dated September 24, 2021. (3) Secretary \nThe term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.", "id": "id9cb6911926e54e82b750e11ca673ff8e", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Conveyance required \nSubject to this section, if the County submits to the Secretary a written request for conveyance of the property described in subsection (c), not later than 180 days after the date of enactment of this Act, the Secretary shall convey to the County all right, title, and interest of the United States in and to the property described in subsection (c).", "id": "id20d54327d05d406ba407b320934977a3", "header": "Conveyance required", "nested": [], "links": [] }, { "text": "(c) Description of property \n(1) In general \nThe property referred to in subsection (b) is the parcel of real property, including all land and improvements, generally depicted as Gila County Area on the map, consisting of approximately 232.9 acres of National Forest System land located in the Tonto National Forest in Arizona. (2) Map \n(A) Minor errors \nThe Secretary may correct minor errors in the map. (B) Availability \nA copy of the map shall be on file and available for public inspection in the appropriate offices of the Forest Service. (3) Survey \nThe exact acreage and legal description of the National Forest System land to be conveyed under subsection (b) shall be determined by a survey satisfactory to the Secretary.", "id": "idc0f97b10e1b345e7a33cf054d8a26da1", "header": "Description of property", "nested": [], "links": [] }, { "text": "(d) Terms and conditions \nThe conveyance under subsection (b) shall be— (1) subject to valid existing rights; (2) made without consideration; (3) made by quitclaim deed; and (4) subject to such other terms and conditions as the Secretary considers to be appropriate.", "id": "id92c6fd70bca64568a26a2aad19293c45", "header": "Terms and conditions", "nested": [], "links": [] }, { "text": "(e) Costs of conveyance \nAs a condition of the conveyance under subsection (b), the County shall pay all costs associated with the conveyance, including the cost of— (1) a survey, if necessary, under subsection (c)(3); and (2) any analysis, review, or resource survey required under Federal law.", "id": "id2225c971caef48838bfe73bf59402cd1", "header": "Costs of conveyance", "nested": [], "links": [] }, { "text": "(f) Environmental conditions \nNotwithstanding section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h)(3)(A) ), the Secretary shall not be required to provide any covenant or warranty for the land and improvements conveyed to the County under subsection (b).", "id": "id6c840b4a8ea84a95ab81cc999845150e", "header": "Environmental conditions", "nested": [], "links": [ { "text": "42 U.S.C. 9620(h)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/9620" } ] }, { "text": "(g) Use of land; reversion \n(1) Use of land \nThe land and improvements conveyed to the County under subsection (b) shall be used by the County only for the purpose of providing recreational and other services to veterans of the Armed Forces. (2) Reversion \nIf any land conveyed to the County under subsection (b) ceases to be used for the purposes described in paragraph (1), all right, title, and interest in and to the land may, at the discretion of the Secretary, revert to the United States.", "id": "idf8863d524e95401ab51a1d725b6abff6", "header": "Use of land; reversion", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 9620(h)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/9620" } ] } ]

[ "Arizona", "Forests, forestry, trees", "Geography and mapping", "Land transfers" ]

[ { "text": "1. Short title \nThis Act may be cited as the American Innovation and Jobs Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Restoring immediate expensing for research and development investments \n(a) In general \nSection 174 of the Internal Revenue Code of 1986 is amended to read as follows: 174. Research and experimental expenditures \n(a) Treatment as Expenses \n(1) In general \nA taxpayer may treat research or experimental expenditures which are paid or incurred by him during the taxable year in connection with his trade or business as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction. (2) When method may be adopted \n(A) Without consent \nA taxpayer may, without the consent of the Secretary, adopt the method provided in this subsection for his first taxable year for which expenditures described in paragraph (1) are paid or incurred. (B) With consent \nA taxpayer may, with the consent of the Secretary, adopt at any time the method provided in this subsection. (3) Scope \nThe method adopted under this subsection shall apply to all expenditures described in paragraph (1). The method adopted shall be adhered to in computing taxable income for the taxable year and for all subsequent taxable years unless, with the approval of the Secretary, a change to a different method is authorized with respect to part or all of such expenditures. (b) Amortization of Certain Research and Experimental Expenditures \n(1) In general \nAt the election of the taxpayer, made in accordance with regulations prescribed by the Secretary, research or experimental expenditures which are— (A) paid or incurred by the taxpayer in connection with his trade or business, (B) not treated as expenses under subsection (a), and (C) chargeable to capital account but not chargeable to property of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion), may be treated as deferred expenses. In computing taxable income, such deferred expenses shall be allowed as a deduction ratably over such period of not less than 60 months as may be selected by the taxpayer (beginning with the month in which the taxpayer first realizes benefits from such expenditures). Such deferred expenses are expenditures properly chargeable to capital account for purposes of section 1016(a)(1) (relating to adjustments to basis of property). (2) Time for and scope of election \nThe election provided by paragraph (1) may be made for any taxable year, but only if made not later than the time prescribed by law for filing the return for such taxable year (including extensions thereof). The method so elected, and the period selected by the taxpayer, shall be adhered to in computing taxable income for the taxable year for which the election is made and for all subsequent taxable years unless, with the approval of the Secretary, a change to a different method (or to a different period) is authorized with respect to part or all of such expenditures. The election shall not apply to any expenditure paid or incurred during any taxable year before the taxable year for which the taxpayer makes the election. (c) Land and Other Property \nThis section shall not apply to any expenditure for the acquisition or improvement of land, or for the acquisition or improvement of property to be used in connection with the research or experimentation and of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion); but for purposes of this section allowances under section 167, and allowances under section 611, shall be considered as expenditures. (d) Exploration Expenditures \nThis section shall not apply to any expenditure paid or incurred for the purpose of ascertaining the existence, location, extent, or quality of any deposit of ore or other mineral (including oil and gas). (e) Only Reasonable Research Expenditures Eligible \nThis section shall apply to a research or experimental expenditure only to the extent that the amount thereof is reasonable under the circumstances. (f) Cross References \n(1) For adjustments to basis of property for amounts allowed as deductions as deferred expenses under subsection (b), see section 1016(a)(14). (2) For election of 10-year amortization of expenditures allowable as a deduction under subsection (a), see section 59(e).. (b) Clerical Amendment \nThe table of sections for part VI of subchapter B of chapter 1 is amended by striking the item relating to section 174 and inserting the following new item: Sec. 174. Research and experimental expenditures. (c) Conforming Amendments \n(1) Section 41(d)(1)(A) is amended by striking specified research or experimental expenditures under section 174 and inserting expenses under section 174. (2) Section 280C(c) is amended to read as follows: (c) Credit for Increasing Research Activities \n(1) In general \nNo deduction shall be allowed for that portion of the qualified research expenses (as defined in section 41(b)) or basic research expenses (as defined in section 41(e)(2)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 41(a). (2) Similar rule where taxpayer capitalizes rather than deducts expenses \nIf— (A) the amount of the credit determined for the taxable year under section 41(a)(1), exceeds (B) the amount allowable as a deduction for such taxable year for qualified research expenses or basic research expenses (determined without regard to paragraph (1)), the amount chargeable to capital account for the taxable year for such expenses shall be reduced by the amount of such excess. (3) Election of reduced credit \n(A) In general \nIn the case of any taxable year for which an election is made under this paragraph— (i) paragraphs (1) and (2) shall not apply, and (ii) the amount of the credit under section 41(a) shall be the amount determined under subparagraph (B). (B) Amount of reduced credit \nThe amount of credit determined under this subparagraph for any taxable year shall be the amount equal to the excess of— (i) the amount of credit determined under section 41(a) without regard to this paragraph, over (ii) the product of— (I) the amount described in clause (i), and (II) the rate of tax under section 11(b). (C) Election \nAn election under this paragraph for any taxable year shall be made not later than the time for filing the return of tax for such year (including extensions), shall be made on such return, and shall be made in such manner as the Secretary may prescribe. Such an election, once made, shall be irrevocable. (4) Controlled groups \nParagraph (3) of subsection (b) shall apply for purposes of this subsection.. (d) Effective date \nThe amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2021.", "id": "id58F2135C2381455CB5C194F8307A4F6B", "header": "Restoring immediate expensing for research and development investments", "nested": [ { "text": "(a) In general \nSection 174 of the Internal Revenue Code of 1986 is amended to read as follows: 174. Research and experimental expenditures \n(a) Treatment as Expenses \n(1) In general \nA taxpayer may treat research or experimental expenditures which are paid or incurred by him during the taxable year in connection with his trade or business as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction. (2) When method may be adopted \n(A) Without consent \nA taxpayer may, without the consent of the Secretary, adopt the method provided in this subsection for his first taxable year for which expenditures described in paragraph (1) are paid or incurred. (B) With consent \nA taxpayer may, with the consent of the Secretary, adopt at any time the method provided in this subsection. (3) Scope \nThe method adopted under this subsection shall apply to all expenditures described in paragraph (1). The method adopted shall be adhered to in computing taxable income for the taxable year and for all subsequent taxable years unless, with the approval of the Secretary, a change to a different method is authorized with respect to part or all of such expenditures. (b) Amortization of Certain Research and Experimental Expenditures \n(1) In general \nAt the election of the taxpayer, made in accordance with regulations prescribed by the Secretary, research or experimental expenditures which are— (A) paid or incurred by the taxpayer in connection with his trade or business, (B) not treated as expenses under subsection (a), and (C) chargeable to capital account but not chargeable to property of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion), may be treated as deferred expenses. In computing taxable income, such deferred expenses shall be allowed as a deduction ratably over such period of not less than 60 months as may be selected by the taxpayer (beginning with the month in which the taxpayer first realizes benefits from such expenditures). Such deferred expenses are expenditures properly chargeable to capital account for purposes of section 1016(a)(1) (relating to adjustments to basis of property). (2) Time for and scope of election \nThe election provided by paragraph (1) may be made for any taxable year, but only if made not later than the time prescribed by law for filing the return for such taxable year (including extensions thereof). The method so elected, and the period selected by the taxpayer, shall be adhered to in computing taxable income for the taxable year for which the election is made and for all subsequent taxable years unless, with the approval of the Secretary, a change to a different method (or to a different period) is authorized with respect to part or all of such expenditures. The election shall not apply to any expenditure paid or incurred during any taxable year before the taxable year for which the taxpayer makes the election. (c) Land and Other Property \nThis section shall not apply to any expenditure for the acquisition or improvement of land, or for the acquisition or improvement of property to be used in connection with the research or experimentation and of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion); but for purposes of this section allowances under section 167, and allowances under section 611, shall be considered as expenditures. (d) Exploration Expenditures \nThis section shall not apply to any expenditure paid or incurred for the purpose of ascertaining the existence, location, extent, or quality of any deposit of ore or other mineral (including oil and gas). (e) Only Reasonable Research Expenditures Eligible \nThis section shall apply to a research or experimental expenditure only to the extent that the amount thereof is reasonable under the circumstances. (f) Cross References \n(1) For adjustments to basis of property for amounts allowed as deductions as deferred expenses under subsection (b), see section 1016(a)(14). (2) For election of 10-year amortization of expenditures allowable as a deduction under subsection (a), see section 59(e)..", "id": "HB03CF8187DF44BAB8B337984EEB5C7DB", "header": "In general", "nested": [], "links": [ { "text": "Section 174", "legal-doc": "usc", "parsable-cite": "usc/26/174" } ] }, { "text": "(b) Clerical Amendment \nThe table of sections for part VI of subchapter B of chapter 1 is amended by striking the item relating to section 174 and inserting the following new item: Sec. 174. Research and experimental expenditures.", "id": "H5D0A44B17B9F454EAD796A6C7E765B96", "header": "Clerical Amendment", "nested": [], "links": [] }, { "text": "(c) Conforming Amendments \n(1) Section 41(d)(1)(A) is amended by striking specified research or experimental expenditures under section 174 and inserting expenses under section 174. (2) Section 280C(c) is amended to read as follows: (c) Credit for Increasing Research Activities \n(1) In general \nNo deduction shall be allowed for that portion of the qualified research expenses (as defined in section 41(b)) or basic research expenses (as defined in section 41(e)(2)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 41(a). (2) Similar rule where taxpayer capitalizes rather than deducts expenses \nIf— (A) the amount of the credit determined for the taxable year under section 41(a)(1), exceeds (B) the amount allowable as a deduction for such taxable year for qualified research expenses or basic research expenses (determined without regard to paragraph (1)), the amount chargeable to capital account for the taxable year for such expenses shall be reduced by the amount of such excess. (3) Election of reduced credit \n(A) In general \nIn the case of any taxable year for which an election is made under this paragraph— (i) paragraphs (1) and (2) shall not apply, and (ii) the amount of the credit under section 41(a) shall be the amount determined under subparagraph (B). (B) Amount of reduced credit \nThe amount of credit determined under this subparagraph for any taxable year shall be the amount equal to the excess of— (i) the amount of credit determined under section 41(a) without regard to this paragraph, over (ii) the product of— (I) the amount described in clause (i), and (II) the rate of tax under section 11(b). (C) Election \nAn election under this paragraph for any taxable year shall be made not later than the time for filing the return of tax for such year (including extensions), shall be made on such return, and shall be made in such manner as the Secretary may prescribe. Such an election, once made, shall be irrevocable. (4) Controlled groups \nParagraph (3) of subsection (b) shall apply for purposes of this subsection..", "id": "H38DB83EAC3D64179995A93E891780548", "header": "Conforming Amendments", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2021.", "id": "HECF52F12E5284D3AA1CCC88A2B459767", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 174", "legal-doc": "usc", "parsable-cite": "usc/26/174" } ] }, { "text": "174. Research and experimental expenditures \n(a) Treatment as Expenses \n(1) In general \nA taxpayer may treat research or experimental expenditures which are paid or incurred by him during the taxable year in connection with his trade or business as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction. (2) When method may be adopted \n(A) Without consent \nA taxpayer may, without the consent of the Secretary, adopt the method provided in this subsection for his first taxable year for which expenditures described in paragraph (1) are paid or incurred. (B) With consent \nA taxpayer may, with the consent of the Secretary, adopt at any time the method provided in this subsection. (3) Scope \nThe method adopted under this subsection shall apply to all expenditures described in paragraph (1). The method adopted shall be adhered to in computing taxable income for the taxable year and for all subsequent taxable years unless, with the approval of the Secretary, a change to a different method is authorized with respect to part or all of such expenditures. (b) Amortization of Certain Research and Experimental Expenditures \n(1) In general \nAt the election of the taxpayer, made in accordance with regulations prescribed by the Secretary, research or experimental expenditures which are— (A) paid or incurred by the taxpayer in connection with his trade or business, (B) not treated as expenses under subsection (a), and (C) chargeable to capital account but not chargeable to property of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion), may be treated as deferred expenses. In computing taxable income, such deferred expenses shall be allowed as a deduction ratably over such period of not less than 60 months as may be selected by the taxpayer (beginning with the month in which the taxpayer first realizes benefits from such expenditures). Such deferred expenses are expenditures properly chargeable to capital account for purposes of section 1016(a)(1) (relating to adjustments to basis of property). (2) Time for and scope of election \nThe election provided by paragraph (1) may be made for any taxable year, but only if made not later than the time prescribed by law for filing the return for such taxable year (including extensions thereof). The method so elected, and the period selected by the taxpayer, shall be adhered to in computing taxable income for the taxable year for which the election is made and for all subsequent taxable years unless, with the approval of the Secretary, a change to a different method (or to a different period) is authorized with respect to part or all of such expenditures. The election shall not apply to any expenditure paid or incurred during any taxable year before the taxable year for which the taxpayer makes the election. (c) Land and Other Property \nThis section shall not apply to any expenditure for the acquisition or improvement of land, or for the acquisition or improvement of property to be used in connection with the research or experimentation and of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion); but for purposes of this section allowances under section 167, and allowances under section 611, shall be considered as expenditures. (d) Exploration Expenditures \nThis section shall not apply to any expenditure paid or incurred for the purpose of ascertaining the existence, location, extent, or quality of any deposit of ore or other mineral (including oil and gas). (e) Only Reasonable Research Expenditures Eligible \nThis section shall apply to a research or experimental expenditure only to the extent that the amount thereof is reasonable under the circumstances. (f) Cross References \n(1) For adjustments to basis of property for amounts allowed as deductions as deferred expenses under subsection (b), see section 1016(a)(14). (2) For election of 10-year amortization of expenditures allowable as a deduction under subsection (a), see section 59(e).", "id": "H37C63FF14C8346ACAD7F25566B61BC4A", "header": "Research and experimental expenditures", "nested": [ { "text": "(a) Treatment as Expenses \n(1) In general \nA taxpayer may treat research or experimental expenditures which are paid or incurred by him during the taxable year in connection with his trade or business as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction. (2) When method may be adopted \n(A) Without consent \nA taxpayer may, without the consent of the Secretary, adopt the method provided in this subsection for his first taxable year for which expenditures described in paragraph (1) are paid or incurred. (B) With consent \nA taxpayer may, with the consent of the Secretary, adopt at any time the method provided in this subsection. (3) Scope \nThe method adopted under this subsection shall apply to all expenditures described in paragraph (1). The method adopted shall be adhered to in computing taxable income for the taxable year and for all subsequent taxable years unless, with the approval of the Secretary, a change to a different method is authorized with respect to part or all of such expenditures.", "id": "H5C41F2D99DFC477E927A6841D89AA375", "header": "Treatment as Expenses", "nested": [], "links": [] }, { "text": "(b) Amortization of Certain Research and Experimental Expenditures \n(1) In general \nAt the election of the taxpayer, made in accordance with regulations prescribed by the Secretary, research or experimental expenditures which are— (A) paid or incurred by the taxpayer in connection with his trade or business, (B) not treated as expenses under subsection (a), and (C) chargeable to capital account but not chargeable to property of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion), may be treated as deferred expenses. In computing taxable income, such deferred expenses shall be allowed as a deduction ratably over such period of not less than 60 months as may be selected by the taxpayer (beginning with the month in which the taxpayer first realizes benefits from such expenditures). Such deferred expenses are expenditures properly chargeable to capital account for purposes of section 1016(a)(1) (relating to adjustments to basis of property). (2) Time for and scope of election \nThe election provided by paragraph (1) may be made for any taxable year, but only if made not later than the time prescribed by law for filing the return for such taxable year (including extensions thereof). The method so elected, and the period selected by the taxpayer, shall be adhered to in computing taxable income for the taxable year for which the election is made and for all subsequent taxable years unless, with the approval of the Secretary, a change to a different method (or to a different period) is authorized with respect to part or all of such expenditures. The election shall not apply to any expenditure paid or incurred during any taxable year before the taxable year for which the taxpayer makes the election.", "id": "H5C3B8D0F9A0F4CA5830359B9B70A92BE", "header": "Amortization of Certain Research and Experimental Expenditures", "nested": [], "links": [] }, { "text": "(c) Land and Other Property \nThis section shall not apply to any expenditure for the acquisition or improvement of land, or for the acquisition or improvement of property to be used in connection with the research or experimentation and of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion); but for purposes of this section allowances under section 167, and allowances under section 611, shall be considered as expenditures.", "id": "H01671071242B47118B527C3019F23C5E", "header": "Land and Other Property", "nested": [], "links": [] }, { "text": "(d) Exploration Expenditures \nThis section shall not apply to any expenditure paid or incurred for the purpose of ascertaining the existence, location, extent, or quality of any deposit of ore or other mineral (including oil and gas).", "id": "H89FC739A931B42C4AFED02A5594893E2", "header": "Exploration Expenditures", "nested": [], "links": [] }, { "text": "(e) Only Reasonable Research Expenditures Eligible \nThis section shall apply to a research or experimental expenditure only to the extent that the amount thereof is reasonable under the circumstances.", "id": "H682FDAE69B9C49BDACA712DD33ED5C21", "header": "Only Reasonable Research Expenditures Eligible", "nested": [], "links": [] }, { "text": "(f) Cross References \n(1) For adjustments to basis of property for amounts allowed as deductions as deferred expenses under subsection (b), see section 1016(a)(14). (2) For election of 10-year amortization of expenditures allowable as a deduction under subsection (a), see section 59(e).", "id": "idefdc30791af3417daf79d85bb3531160", "header": "Cross References", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Expanding refundable research credit for new and small businesses \n(a) Increasing cap on refundable credit \n(1) In general \nSubclause (I) of section 41(h)(4)(B)(i) of the Internal Revenue Code of 1986 is amended by striking $250,000 and inserting the applicable amount. (2) Applicable amount \nSubclause (II) of section 41(h)(4)(B)(i) of such Code is amended to read as follows: (II) Applicable amount \nFor purposes of subclause (I), the applicable amount is— (aa) in the case of any taxable year beginning after December 31, 2022, and before January 1, 2024, $500,000, (bb) in the case of any taxable year beginning after December 31, 2023, and before January 1, 2025, $525,000, (cc) in the case of any taxable year beginning after December 31, 2024, and before January 1, 2026, $550,000, (dd) in the case of any taxable year beginning after December 31, 2025, and before January 1, 2027, $575,000, (ee) in the case of any taxable year beginning after December 31, 2026, and before January 1, 2028, $600,000, (ff) in the case of any taxable year beginning after December 31, 2027, and before January 1, 2029, $625,000, (gg) in the case of any taxable year beginning after December 31, 2028, and before January 1, 2030, $650,000, (hh) in the case of any taxable year beginning after December 31, 2029, and before January 1, 2031, $675,000, (ii) in the case of any taxable year beginning after December 31, 2030, and before January 1, 2032, $700,000, (jj) in the case of any taxable year beginning after December 31, 2031, and before January 1, 2033, $725,000, and (kk) in the case of any taxable year beginning after December 31, 2032, $750,000.. (3) Conforming amendments \n(A) Clause (ii) of section 41(h)(5)(B) of such Code is amended by striking each of the $250,000 amounts and inserting the applicable amount. (B) Section 3111(f) of such Code is amended— (i) in paragraph (1)— (I) by striking (applied without regard to subclause (II) thereof), and and inserting a period, (II) by striking subparagraph (B), and (III) by striking for a taxable year and all that follows through allowed as a credit and inserting for a taxable year, there shall be allowed as a credit , (ii) in paragraph (2)— (I) by striking paragraph (1)(A) and inserting paragraph (1) , and (II) by striking , and the credit allowed by paragraph (1)(B) shall not exceed the tax imposed by subsection (b) for any calendar quarter, , and (iii) in paragraph (4)— (I) by striking credits and inserting credit , and (II) by striking or (b). (b) Extension of eligibility and applicability of election \n(1) Startup date \nSubclause (II) of section 41(h)(3)(A)(i) of the Internal Revenue Code of 1986 is amended by striking 5-taxable-year period and inserting 8-taxable-year period. (2) Extension of limitation on election \nClause (ii) of section 41(h)(4)(B) of such Code is amended by striking 5 or more and inserting 8 or more. (c) Gross receipts test \nClause (i) of section 41(h)(3)(A) of the Internal Revenue Code of 1986 is amended— (1) by striking $5,000,000 in subclause (I) and inserting $15,000,000 , and (2) by striking gross receipts in subclause (II) and inserting gross receipts in excess of $25,000. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2022.", "id": "idA0ABD7F4CAC741A6A593591AEF61A5FB", "header": "Expanding refundable research credit for new and small businesses", "nested": [ { "text": "(a) Increasing cap on refundable credit \n(1) In general \nSubclause (I) of section 41(h)(4)(B)(i) of the Internal Revenue Code of 1986 is amended by striking $250,000 and inserting the applicable amount. (2) Applicable amount \nSubclause (II) of section 41(h)(4)(B)(i) of such Code is amended to read as follows: (II) Applicable amount \nFor purposes of subclause (I), the applicable amount is— (aa) in the case of any taxable year beginning after December 31, 2022, and before January 1, 2024, $500,000, (bb) in the case of any taxable year beginning after December 31, 2023, and before January 1, 2025, $525,000, (cc) in the case of any taxable year beginning after December 31, 2024, and before January 1, 2026, $550,000, (dd) in the case of any taxable year beginning after December 31, 2025, and before January 1, 2027, $575,000, (ee) in the case of any taxable year beginning after December 31, 2026, and before January 1, 2028, $600,000, (ff) in the case of any taxable year beginning after December 31, 2027, and before January 1, 2029, $625,000, (gg) in the case of any taxable year beginning after December 31, 2028, and before January 1, 2030, $650,000, (hh) in the case of any taxable year beginning after December 31, 2029, and before January 1, 2031, $675,000, (ii) in the case of any taxable year beginning after December 31, 2030, and before January 1, 2032, $700,000, (jj) in the case of any taxable year beginning after December 31, 2031, and before January 1, 2033, $725,000, and (kk) in the case of any taxable year beginning after December 31, 2032, $750,000.. (3) Conforming amendments \n(A) Clause (ii) of section 41(h)(5)(B) of such Code is amended by striking each of the $250,000 amounts and inserting the applicable amount. (B) Section 3111(f) of such Code is amended— (i) in paragraph (1)— (I) by striking (applied without regard to subclause (II) thereof), and and inserting a period, (II) by striking subparagraph (B), and (III) by striking for a taxable year and all that follows through allowed as a credit and inserting for a taxable year, there shall be allowed as a credit , (ii) in paragraph (2)— (I) by striking paragraph (1)(A) and inserting paragraph (1) , and (II) by striking , and the credit allowed by paragraph (1)(B) shall not exceed the tax imposed by subsection (b) for any calendar quarter, , and (iii) in paragraph (4)— (I) by striking credits and inserting credit , and (II) by striking or (b).", "id": "idF59F8ABB33464DBBA03338E95EDFEB7B", "header": "Increasing cap on refundable credit", "nested": [], "links": [ { "text": "section 41(h)(4)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/26/41" } ] }, { "text": "(b) Extension of eligibility and applicability of election \n(1) Startup date \nSubclause (II) of section 41(h)(3)(A)(i) of the Internal Revenue Code of 1986 is amended by striking 5-taxable-year period and inserting 8-taxable-year period. (2) Extension of limitation on election \nClause (ii) of section 41(h)(4)(B) of such Code is amended by striking 5 or more and inserting 8 or more.", "id": "idB61EE804862E4A03B8CD3EE039D75ECF", "header": "Extension of eligibility and applicability of election", "nested": [], "links": [ { "text": "section 41(h)(3)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/26/41" } ] }, { "text": "(c) Gross receipts test \nClause (i) of section 41(h)(3)(A) of the Internal Revenue Code of 1986 is amended— (1) by striking $5,000,000 in subclause (I) and inserting $15,000,000 , and (2) by striking gross receipts in subclause (II) and inserting gross receipts in excess of $25,000.", "id": "idB2AC3E21A9F8485EB29F91A95C2F3A2F", "header": "Gross receipts test", "nested": [], "links": [ { "text": "section 41(h)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/41" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2022.", "id": "id7551D6B1790B47E8ABBB4A13D944AC3B", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 41(h)(4)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/26/41" }, { "text": "section 41(h)(3)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/26/41" }, { "text": "section 41(h)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/41" } ] }, { "text": "4. Increasing access to the research credit for startups \n(a) In general \nParagraph (4) of section 41(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (D) Special rules for qualified small businesses \nIn the case of a qualified small business (as defined in subsection (h)(3))— (i) subparagraph (A) shall be applied by substituting 20 percent for 14 percent , and (ii) if subparagraph (B) applies to such taxpayer, at the election of the taxpayer— (I) subparagraph (B)(ii) shall be applied by substituting 10 percent for 6 percent , or (II) in lieu of applying subparagraph (B), the average under subparagraph (A) shall be determined by disregarding any taxable year in the 3-year period described in such subparagraph in which there were no qualified research expenses.. (b) Effective date \nThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "id5DF7A9744D60469FAA2900ACD5D2FDB5", "header": "Increasing access to the research credit for startups", "nested": [ { "text": "(a) In general \nParagraph (4) of section 41(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (D) Special rules for qualified small businesses \nIn the case of a qualified small business (as defined in subsection (h)(3))— (i) subparagraph (A) shall be applied by substituting 20 percent for 14 percent , and (ii) if subparagraph (B) applies to such taxpayer, at the election of the taxpayer— (I) subparagraph (B)(ii) shall be applied by substituting 10 percent for 6 percent , or (II) in lieu of applying subparagraph (B), the average under subparagraph (A) shall be determined by disregarding any taxable year in the 3-year period described in such subparagraph in which there were no qualified research expenses..", "id": "idFCCD34F8890E4306B4EF7A6FA1F4E437", "header": "In general", "nested": [], "links": [ { "text": "section 41(c)", "legal-doc": "usc", "parsable-cite": "usc/26/41" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "id578BFBBC01924447B2CF42788F99D249", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 41(c)", "legal-doc": "usc", "parsable-cite": "usc/26/41" } ] } ]

[ "Business expenses", "Income tax credits", "Income tax deductions", "Research and development", "Small business" ]

[ { "text": "1. Short title \nThis Act may be cited as the Sea Turtle Rescue Assistance Act of 2023.", "id": "H1975A8630FAF475386141D6EFEBDE212", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Sea Turtle Rescue Assistance Grant program \n(a) Establishment \nThe Secretary shall establish a grant program to be known as the Sea Turtle Rescue Assistance Grant Program , to encourage and facilitate coordinated rapid response and rescue by awarding grants for the purposes described in subsection (c). (b) Designation of stranding regions \nThe Secretary shall designate geographic regions of the United States as stranding regions for the purposes of carrying out this section. (c) Purposes \nThe purposes of the Program are to provide for— (1) the recovery, short- or long-term care, transportation, and treatment of stranded marine turtles; (2) the release of rescued and recovered marine turtles; (3) the collection of data and samples, including tagging information, from stranded marine turtles for scientific research or assessments, or both, that inform the understanding of causes of mortality; and (4) facility operation costs that are directly related to activities described in paragraphs (1), (2), and (3). (d) Equitable distribution of funds \nThe Secretary shall ensure, to the extent practicable, that funds awarded under this section are distributed equitably among stranding regions, taking into account— (1) the number of strandings that occurred in each stranding region in the preceding 5 years; (2) region-specific factors that increase risks of strandings; and (3) the conservation priorities and recovery needs of species of marine turtles that are threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (e) Applications \n(1) In general \nAn applicant for a grant under this section that is an eligible applicant described in paragraph (2) shall submit an application in such form and manner as the Secretary shall prescribe. (2) Eligible applicants \nAn entity is an eligible applicant if the entity is— (A) a nonprofit member of the Sea Turtle Stranding and Salvage Network; (B) an Indian Tribe; (C) an institution of higher education; or (D) another public or private organization with an established record in the rescue, recovery, rehabilitation, transportation, or release of stranded marine turtles. (f) Grant criteria \n(1) Development of criteria \nThe Secretary shall, in consultation with the Director of the United States Fish and Wildlife Service, develop criteria for awarding grants under this section and provide such criteria for formal public notice and comment. (2) Stakeholder engagement \nAs part of the process for developing and finalizing criteria under paragraph (1), the Secretary shall, in consultation with the Director of the United States Fish and Wildlife Service, provide opportunities for engagement with representatives from— (A) stranding regions; (B) Indian Tribes; (C) institutions of higher education; and (D) public or private organizations with an established record in— (i) the rescue, recovery, rehabilitation, transportation, or release of stranded marine turtles; or (ii) scientific research, marine conservation, or forensic science, with respect to stranded marine turtles. (3) Required criteria \nIn developing criteria under paragraph (1), the Secretary shall prioritize awarding grants to applicants with an established record of rescuing, recovering, rehabilitating, transporting, or releasing stranded marine turtles or conducting scientific research pertinent to the causes of strandings. (g) Acceptance of donations \nFor the purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action. (h) Liability waiver \n(1) In general \nA person who is acting under the authority of an entity awarded a grant under this section is deemed to be an employee of the government for purposes of chapter 171 of title 28, United States Code, with respect to actions of the person that— (A) are in support of rescue, recovery, rehabilitation, transportation, or release efforts; (B) are in accordance with the purposes of subsection (c); and (C) reflect sound professional judgment and are consistent with the directions of any on-site coordinator or incident commander. (2) Limitation \nParagraph (1) does not apply to actions of a person described in that paragraph that are grossly negligent or that constitute willful misconduct. (i) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 2024 through 2029 to remain available until expended. (j) Definitions \nIn this section: (1) 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 ). (2) Institution of higher education \n(A) In general \nThe term institution of higher education means an educational institution in any State, district, commonwealth, territory, or possession of the United States, which— (i) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate; (ii) is legally authorized within such State, district, commonwealth, territory, or possession to provide a program of education beyond secondary education; (iii) provides an educational program for which a bachelor's degree or any other higher degree is awarded; (iv) is a public or other nonprofit institution; and (v) is accredited by a nationally recognized accrediting agency or association. (B) Inclusions \nThe term institution of higher education includes a research foundation maintained by an institution of higher education described in subparagraph (A). (3) Marine turtle \nThe term marine turtle means any member of the family Cheloniidae or Dermochelyidae. (4) Program \nThe term Program means the Sea Turtle Rescue Assistance Grant Program established under subsection (a). (5) Secretary \nThe term Secretary means the Secretary of Commerce. (6) Stranding \nThe term stranding means an event in which— (A) a marine turtle is dead and is— (i) on a beach or shore of the United States; (ii) in State, district, commonwealth, territory, or possession, or Federal, waters of the United States; or (iii) outside of its natural habitat and is in the United States; or (B) a marine turtle is alive and is— (i) on a beach or shore of the United States and in need of medical attention or other necessary intervention to aid its likelihood of survival; (ii) in State, district, commonwealth, territory, or possession, or Federal, waters of the United States and in need of medical attention or other necessary intervention to aid its likelihood of survival; or (iii) outside of its natural habitat, is unable to return unassisted, and is in the United States. (7) Stranding region \nThe term stranding region means a geographic region designated by the Secretary under subsection (b). (8) United States \nThe term United States means any land or water of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession over which the United States has jurisdiction, including internal waters, State waters, the territorial sea, and the exclusive economic zone of the United States.", "id": "H0ACF6D07EC7342B3AE31C7DB99ED569A", "header": "Sea Turtle Rescue Assistance Grant program", "nested": [ { "text": "(a) Establishment \nThe Secretary shall establish a grant program to be known as the Sea Turtle Rescue Assistance Grant Program , to encourage and facilitate coordinated rapid response and rescue by awarding grants for the purposes described in subsection (c).", "id": "H9E8031C3614D43C1BCC71DE7BAC7C1FB", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Designation of stranding regions \nThe Secretary shall designate geographic regions of the United States as stranding regions for the purposes of carrying out this section.", "id": "H95E9DCFB5F904C1FA49211434293B9A9", "header": "Designation of stranding regions", "nested": [], "links": [] }, { "text": "(c) Purposes \nThe purposes of the Program are to provide for— (1) the recovery, short- or long-term care, transportation, and treatment of stranded marine turtles; (2) the release of rescued and recovered marine turtles; (3) the collection of data and samples, including tagging information, from stranded marine turtles for scientific research or assessments, or both, that inform the understanding of causes of mortality; and (4) facility operation costs that are directly related to activities described in paragraphs (1), (2), and (3).", "id": "H3AB0742727D84FF28CB462B22BBA0866", "header": "Purposes", "nested": [], "links": [] }, { "text": "(d) Equitable distribution of funds \nThe Secretary shall ensure, to the extent practicable, that funds awarded under this section are distributed equitably among stranding regions, taking into account— (1) the number of strandings that occurred in each stranding region in the preceding 5 years; (2) region-specific factors that increase risks of strandings; and (3) the conservation priorities and recovery needs of species of marine turtles that are threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ).", "id": "H9C9FE8C084FA4F0DB1CACE37D03BA691", "header": "Equitable distribution of funds", "nested": [], "links": [ { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" } ] }, { "text": "(e) Applications \n(1) In general \nAn applicant for a grant under this section that is an eligible applicant described in paragraph (2) shall submit an application in such form and manner as the Secretary shall prescribe. (2) Eligible applicants \nAn entity is an eligible applicant if the entity is— (A) a nonprofit member of the Sea Turtle Stranding and Salvage Network; (B) an Indian Tribe; (C) an institution of higher education; or (D) another public or private organization with an established record in the rescue, recovery, rehabilitation, transportation, or release of stranded marine turtles.", "id": "id181df6b9b66e4a219f118964e12384ce", "header": "Applications", "nested": [], "links": [] }, { "text": "(f) Grant criteria \n(1) Development of criteria \nThe Secretary shall, in consultation with the Director of the United States Fish and Wildlife Service, develop criteria for awarding grants under this section and provide such criteria for formal public notice and comment. (2) Stakeholder engagement \nAs part of the process for developing and finalizing criteria under paragraph (1), the Secretary shall, in consultation with the Director of the United States Fish and Wildlife Service, provide opportunities for engagement with representatives from— (A) stranding regions; (B) Indian Tribes; (C) institutions of higher education; and (D) public or private organizations with an established record in— (i) the rescue, recovery, rehabilitation, transportation, or release of stranded marine turtles; or (ii) scientific research, marine conservation, or forensic science, with respect to stranded marine turtles. (3) Required criteria \nIn developing criteria under paragraph (1), the Secretary shall prioritize awarding grants to applicants with an established record of rescuing, recovering, rehabilitating, transporting, or releasing stranded marine turtles or conducting scientific research pertinent to the causes of strandings.", "id": "H15E64D68967A4D24952B585798618985", "header": "Grant criteria", "nested": [], "links": [] }, { "text": "(g) Acceptance of donations \nFor the purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action.", "id": "idA0359E2CE99A4E398E7D0F5E45B46AA3", "header": "Acceptance of donations", "nested": [], "links": [] }, { "text": "(h) Liability waiver \n(1) In general \nA person who is acting under the authority of an entity awarded a grant under this section is deemed to be an employee of the government for purposes of chapter 171 of title 28, United States Code, with respect to actions of the person that— (A) are in support of rescue, recovery, rehabilitation, transportation, or release efforts; (B) are in accordance with the purposes of subsection (c); and (C) reflect sound professional judgment and are consistent with the directions of any on-site coordinator or incident commander. (2) Limitation \nParagraph (1) does not apply to actions of a person described in that paragraph that are grossly negligent or that constitute willful misconduct.", "id": "idb7561303c463420db88b15fead69f118", "header": "Liability waiver", "nested": [], "links": [ { "text": "chapter 171", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/171" } ] }, { "text": "(i) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 2024 through 2029 to remain available until expended.", "id": "H05FB617592F64371B4126C7C634600D5", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(j) Definitions \nIn this section: (1) 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 ). (2) Institution of higher education \n(A) In general \nThe term institution of higher education means an educational institution in any State, district, commonwealth, territory, or possession of the United States, which— (i) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate; (ii) is legally authorized within such State, district, commonwealth, territory, or possession to provide a program of education beyond secondary education; (iii) provides an educational program for which a bachelor's degree or any other higher degree is awarded; (iv) is a public or other nonprofit institution; and (v) is accredited by a nationally recognized accrediting agency or association. (B) Inclusions \nThe term institution of higher education includes a research foundation maintained by an institution of higher education described in subparagraph (A). (3) Marine turtle \nThe term marine turtle means any member of the family Cheloniidae or Dermochelyidae. (4) Program \nThe term Program means the Sea Turtle Rescue Assistance Grant Program established under subsection (a). (5) Secretary \nThe term Secretary means the Secretary of Commerce. (6) Stranding \nThe term stranding means an event in which— (A) a marine turtle is dead and is— (i) on a beach or shore of the United States; (ii) in State, district, commonwealth, territory, or possession, or Federal, waters of the United States; or (iii) outside of its natural habitat and is in the United States; or (B) a marine turtle is alive and is— (i) on a beach or shore of the United States and in need of medical attention or other necessary intervention to aid its likelihood of survival; (ii) in State, district, commonwealth, territory, or possession, or Federal, waters of the United States and in need of medical attention or other necessary intervention to aid its likelihood of survival; or (iii) outside of its natural habitat, is unable to return unassisted, and is in the United States. (7) Stranding region \nThe term stranding region means a geographic region designated by the Secretary under subsection (b). (8) United States \nThe term United States means any land or water of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession over which the United States has jurisdiction, including internal waters, State waters, the territorial sea, and the exclusive economic zone of the United States.", "id": "H814AFF0D7D50490EB0A212307D23B7BA", "header": "Definitions", "nested": [], "links": [ { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] } ], "links": [ { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" }, { "text": "chapter 171", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/171" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] } ]

[ "Animal protection and human-animal relationships", "Endangered and threatened species", "Reptiles", "Seashores and lakeshores" ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Tule River Tribe Reserved Water Rights Settlement 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. Purposes. Sec. 3. Definitions. Sec. 4. Ratification of 2007 Agreement. Sec. 5. Tribal Water Right. Sec. 6. Tule River Tribe trust accounts. Sec. 7. Funding. Sec. 8. Transfer of land into trust. Sec. 9. Satisfaction of claims. Sec. 10. Waivers and releases of claims. Sec. 11. Enforceability Date. Sec. 12. Binding effect; judicial approval; enforceability. Sec. 13. Miscellaneous provisions. Sec. 14. Antideficiency.", "id": "S1", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Tule River Tribe Reserved Water Rights Settlement Act of 2023.", "id": "id33F5B67966414BFFA3249B7ADCA4E4F1", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Ratification of 2007 Agreement. Sec. 5. Tribal Water Right. Sec. 6. Tule River Tribe trust accounts. Sec. 7. Funding. Sec. 8. Transfer of land into trust. Sec. 9. Satisfaction of claims. Sec. 10. Waivers and releases of claims. Sec. 11. Enforceability Date. Sec. 12. Binding effect; judicial approval; enforceability. Sec. 13. Miscellaneous provisions. Sec. 14. Antideficiency.", "id": "id3F3FFEDDF97F425C8EB242CD96646599", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Purposes \nThe purposes of this Act are— (1) to achieve a fair, equitable, and final settlement of claims to water rights in the State of California for— (A) the Tule River Tribe; and (B) the United States, acting as trustee for the Tribe; (2) to authorize, ratify, and confirm the 2007 Agreement entered by the Tribe, the South Tule Independent Ditch Company, and the Tule River Association, to the extent that the 2007 Agreement is consistent with this Act; (3) to authorize and direct the Secretary— (A) to execute the 2007 Agreement, with amendments to facilitate implementation and approval of the 2007 Agreement; and (B) to take any other actions necessary to carry out the 2007 Agreement in accordance with this Act; (4) to authorize funds necessary for the implementation of the 2007 Agreement and this Act; and (5) to authorize the transfer of certain lands to the Tribe, to be held in trust.", "id": "id4a67a31477c54d6981a92ad51a0bda08", "header": "Purposes", "nested": [], "links": [] }, { "text": "3. Definitions \n(a) In general \nIn this Act: (1) 2007 Agreement \nThe term 2007 Agreement means— (A) the agreement dated November 21, 2007, as amended on April 22, 2009, between the Tribe, the South Tule Independent Ditch Company, and the Tule River Association, and exhibits attached thereto; and (B) any amendment to the Agreement referred to in subparagraph (A) (including an amendment to any exhibit) that is executed in accordance with section 4(a)(2). (2) Court \nThe term Court means the United States District Court for the Eastern District of California, unless otherwise specified herein. (3) Divert; diversion \nThe terms divert and diversion mean to remove water from its natural course or location by means of a ditch, canal, flume, bypass, pipeline, conduit, well, pump, or other structure or device, or act of a person. (4) Downstream water users \nThe term Downstream Water Users means— (A) the Tule River Association and its successors and assigns; (B) the South Tule Independent Ditch Company and its successors and assigns; and (C) any and all other holders of water rights in the South Fork Tule River Basin. (5) Enforceability date \nThe term Enforceability Date means the date described in section 11. (6) OM&R \n(A) In general \nThe term OM&R means operation, maintenance, and replacement. (B) Inclusions \nThe term OM&R includes— (i) any recurring or ongoing activity relating to the day-to-day operation of a project; (ii) any activity relating to scheduled or unscheduled maintenance of a project; and (iii) any activity relating to repairing or replacing a feature of a project. (7) Operation Rules \nThe term Operation Rules means the rules of operation for the Phase I Reservoir, as established in accordance with the 2007 Agreement and this Act. (8) Parties \nThe term Parties means the signatories to the 2007 Agreement, including the Secretary. (9) Phase I Reservoir \nThe term Phase I Reservoir means the reservoir described in either section 3.4.B.(1) or section 3.4.B.(2) of the 2007 Agreement. (10) Reservation; Tule River Reservation \nThe terms Reservation and Tule River Reservation mean the reservation of lands set aside for the Tribe by the Executive Orders of January 9, 1873, October 3, 1873, and August 3, 1878, including lands added to the Reservation pursuant to section 8. (11) Secretary \nThe term Secretary means the Secretary of the Interior. (12) South Tule Independent Ditch Company \nThe term South Tule Independent Ditch Company means the nonprofit mutual water company incorporated in 1895 that has claims to ownership of water rights dating back to 1854, which provides water diverted from the South Fork of the Tule River to its shareholders on lands downstream from the Tule River Reservation. (13) Tribal Water Right \nThe term Tribal Water Right means the water rights ratified, confirmed, and declared to be valid for the benefit of the Tribe as set forth and described in the 2007 Agreement and this Act. (14) Tribe \nThe term Tribe means the Tule River Indian Tribe of the Tule River Reservation, California, a federally recognized Indian Tribe. (15) Trust Fund \nThe term Trust Fund means the Tule River Indian Tribe Settlement Trust Fund established under section 6(a). (16) Tule River Association \n(A) In general \nThe term Tule River Association means the association formed by agreement in 1965, the members of which are representatives of all pre-1914 appropriative and certain riparian water right holders of the Tule River at and below the Richard L. Schafer Dam and Reservoir. (B) Inclusions \nThe term Tule River Association includes the Pioneer Water Company, the Vandalia Irrigation District, the Porterville Irrigation District, and the Lower Tule River Irrigation District. (17) Water development project \nThe term Water Development Project means a project for domestic, commercial, municipal, and industrial water supply, including but not limited to water treatment, storage, and distribution infrastructure, to be constructed, in whole or in part, using monies from the Trust Fund. (b) Definitions of other terms \nAny other term used in this Act but not defined in subsection (a)— (1) has the meaning given the term in the 2007 Agreement; or (2) if no definition for the term is provided in the 2007 Agreement, shall be used in a manner consistent with its use in the 2007 Agreement.", "id": "idfba1923747a24c6f89c61661f0f4abfe", "header": "Definitions", "nested": [ { "text": "(a) In general \nIn this Act: (1) 2007 Agreement \nThe term 2007 Agreement means— (A) the agreement dated November 21, 2007, as amended on April 22, 2009, between the Tribe, the South Tule Independent Ditch Company, and the Tule River Association, and exhibits attached thereto; and (B) any amendment to the Agreement referred to in subparagraph (A) (including an amendment to any exhibit) that is executed in accordance with section 4(a)(2). (2) Court \nThe term Court means the United States District Court for the Eastern District of California, unless otherwise specified herein. (3) Divert; diversion \nThe terms divert and diversion mean to remove water from its natural course or location by means of a ditch, canal, flume, bypass, pipeline, conduit, well, pump, or other structure or device, or act of a person. (4) Downstream water users \nThe term Downstream Water Users means— (A) the Tule River Association and its successors and assigns; (B) the South Tule Independent Ditch Company and its successors and assigns; and (C) any and all other holders of water rights in the South Fork Tule River Basin. (5) Enforceability date \nThe term Enforceability Date means the date described in section 11. (6) OM&R \n(A) In general \nThe term OM&R means operation, maintenance, and replacement. (B) Inclusions \nThe term OM&R includes— (i) any recurring or ongoing activity relating to the day-to-day operation of a project; (ii) any activity relating to scheduled or unscheduled maintenance of a project; and (iii) any activity relating to repairing or replacing a feature of a project. (7) Operation Rules \nThe term Operation Rules means the rules of operation for the Phase I Reservoir, as established in accordance with the 2007 Agreement and this Act. (8) Parties \nThe term Parties means the signatories to the 2007 Agreement, including the Secretary. (9) Phase I Reservoir \nThe term Phase I Reservoir means the reservoir described in either section 3.4.B.(1) or section 3.4.B.(2) of the 2007 Agreement. (10) Reservation; Tule River Reservation \nThe terms Reservation and Tule River Reservation mean the reservation of lands set aside for the Tribe by the Executive Orders of January 9, 1873, October 3, 1873, and August 3, 1878, including lands added to the Reservation pursuant to section 8. (11) Secretary \nThe term Secretary means the Secretary of the Interior. (12) South Tule Independent Ditch Company \nThe term South Tule Independent Ditch Company means the nonprofit mutual water company incorporated in 1895 that has claims to ownership of water rights dating back to 1854, which provides water diverted from the South Fork of the Tule River to its shareholders on lands downstream from the Tule River Reservation. (13) Tribal Water Right \nThe term Tribal Water Right means the water rights ratified, confirmed, and declared to be valid for the benefit of the Tribe as set forth and described in the 2007 Agreement and this Act. (14) Tribe \nThe term Tribe means the Tule River Indian Tribe of the Tule River Reservation, California, a federally recognized Indian Tribe. (15) Trust Fund \nThe term Trust Fund means the Tule River Indian Tribe Settlement Trust Fund established under section 6(a). (16) Tule River Association \n(A) In general \nThe term Tule River Association means the association formed by agreement in 1965, the members of which are representatives of all pre-1914 appropriative and certain riparian water right holders of the Tule River at and below the Richard L. Schafer Dam and Reservoir. (B) Inclusions \nThe term Tule River Association includes the Pioneer Water Company, the Vandalia Irrigation District, the Porterville Irrigation District, and the Lower Tule River Irrigation District. (17) Water development project \nThe term Water Development Project means a project for domestic, commercial, municipal, and industrial water supply, including but not limited to water treatment, storage, and distribution infrastructure, to be constructed, in whole or in part, using monies from the Trust Fund.", "id": "id4A3DD8262FDB40F4B407D2063985C51D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions of other terms \nAny other term used in this Act but not defined in subsection (a)— (1) has the meaning given the term in the 2007 Agreement; or (2) if no definition for the term is provided in the 2007 Agreement, shall be used in a manner consistent with its use in the 2007 Agreement.", "id": "id83C74F1F0A68424B9C41AF59294C3EAD", "header": "Definitions of other terms", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Ratification of 2007 Agreement \n(a) Ratification \n(1) In general \nExcept as modified by this Act and to the extent that the 2007 Agreement does not conflict with this Act, the 2007 Agreement is authorized, ratified, and confirmed. (2) Amendments \n(A) General amendments \nIf an amendment to the 2007 Agreement, or to any exhibit attached to the 2007 Agreement requiring the signature of the Secretary, is executed in accordance with this Act to make the 2007 Agreement consistent with this Act, the amendment is authorized, ratified, and confirmed. (B) Specific amendments \n(i) Substitute sites \nIf a substitute site for the Phase I Reservoir is identified by the Tribe pursuant to section 3.4.B.(2)(a) of the 2007 Agreement, then amendments related to the Operation Rules are authorized, ratified, and confirmed, to the extent that such Amendments are consistent with the 2007 Agreement and this Act. (ii) Priority date \nAmendments agreed to by the Parties to establish that the priority date for the Tribal Water Right is no later than January 9, 1873, is authorized, ratified, and confirmed. (iii) Senior water rights \nAmendments agreed to by the Parties to accommodate senior water rights of those Downstream Water Users described in section 3(a)(4)(C) are authorized, ratified, and confirmed, to the extent that the Court finds any such Downstream Water Users possess senior water rights that can be accommodated only by amendment of the 2007 Agreement. (iv) Other amendments \nOther amendments agreed to by the Parties to facilitate implementation and approval of the 2007 Agreement are authorized, ratified, and confirmed, to the extent that such amendments are otherwise consistent with this Act and with other applicable law. (b) Execution \n(1) In general \nTo the extent the 2007 Agreement does not conflict with this Act, the Secretary shall execute the 2007 Agreement, in accordance with paragraph (2), including all exhibits to, or parts of, the 2007 Agreement requiring the signature of the Secretary. (2) Timing \nThe Secretary shall not execute the 2007 Agreement until— (A) the Parties agree on amendments related to the priority date for the Tribal Water Right; and (B) either— (i) the Tribe moves forward with the Phase I Reservoir described in section 3.4.B.(1) of the 2007 Agreement; or (ii) if the Tribe selects a substitute site pursuant to section 3.4.B.(2) of the 2007 Agreement, either— (I) the Parties agree on Operation Rules; or (II) the Secretary determines, in the discretion of the Secretary, that the Parties have reached an impasse in attempting to negotiate the Operation Rules. (3) Modifications \nNothing in this Act prohibits the Secretary, after execution of the 2007 Agreement, from approving any modification to the 2007 Agreement, including any exhibit to the 2007 Agreement, that is consistent with this Act, to the extent that the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes ( 25 U.S.C. 177 ) or any other applicable provision of Federal law. (c) Environmental compliance \n(1) In general \nIn implementing the 2007 Agreement and this Act, the Secretary shall comply with all applicable provisions of— (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including the implementing regulations of that Act; and (C) other applicable Federal environmental laws and regulations. (2) Compliance \n(A) In general \nIn implementing the 2007 Agreement and this Act, the Tribe shall prepare any necessary environmental documents, consistent with all applicable provisions of— (i) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (ii) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. ), including the implementing regulations of that Act; and (iii) all other applicable Federal environmental laws and regulations. (B) Authorizations \nThe Secretary shall— (i) independently evaluate the documentation submitted under subparagraph (A); and (ii) be responsible for the accuracy, scope, and contents of that documentation. (3) Effect of execution \nThe execution of the 2007 Agreement by the Secretary under this section shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (4) Costs \nAny costs associated with the performance of the compliance activities under this subsection shall be paid from funds deposited in the Trust Fund, subject to the condition that any costs associated with the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary.", "id": "id3c6780b2195541088521392bfdbb6825", "header": "Ratification of 2007 Agreement", "nested": [ { "text": "(a) Ratification \n(1) In general \nExcept as modified by this Act and to the extent that the 2007 Agreement does not conflict with this Act, the 2007 Agreement is authorized, ratified, and confirmed. (2) Amendments \n(A) General amendments \nIf an amendment to the 2007 Agreement, or to any exhibit attached to the 2007 Agreement requiring the signature of the Secretary, is executed in accordance with this Act to make the 2007 Agreement consistent with this Act, the amendment is authorized, ratified, and confirmed. (B) Specific amendments \n(i) Substitute sites \nIf a substitute site for the Phase I Reservoir is identified by the Tribe pursuant to section 3.4.B.(2)(a) of the 2007 Agreement, then amendments related to the Operation Rules are authorized, ratified, and confirmed, to the extent that such Amendments are consistent with the 2007 Agreement and this Act. (ii) Priority date \nAmendments agreed to by the Parties to establish that the priority date for the Tribal Water Right is no later than January 9, 1873, is authorized, ratified, and confirmed. (iii) Senior water rights \nAmendments agreed to by the Parties to accommodate senior water rights of those Downstream Water Users described in section 3(a)(4)(C) are authorized, ratified, and confirmed, to the extent that the Court finds any such Downstream Water Users possess senior water rights that can be accommodated only by amendment of the 2007 Agreement. (iv) Other amendments \nOther amendments agreed to by the Parties to facilitate implementation and approval of the 2007 Agreement are authorized, ratified, and confirmed, to the extent that such amendments are otherwise consistent with this Act and with other applicable law.", "id": "idcc65280942804f3dad41694a4dbbeaba", "header": "Ratification", "nested": [], "links": [] }, { "text": "(b) Execution \n(1) In general \nTo the extent the 2007 Agreement does not conflict with this Act, the Secretary shall execute the 2007 Agreement, in accordance with paragraph (2), including all exhibits to, or parts of, the 2007 Agreement requiring the signature of the Secretary. (2) Timing \nThe Secretary shall not execute the 2007 Agreement until— (A) the Parties agree on amendments related to the priority date for the Tribal Water Right; and (B) either— (i) the Tribe moves forward with the Phase I Reservoir described in section 3.4.B.(1) of the 2007 Agreement; or (ii) if the Tribe selects a substitute site pursuant to section 3.4.B.(2) of the 2007 Agreement, either— (I) the Parties agree on Operation Rules; or (II) the Secretary determines, in the discretion of the Secretary, that the Parties have reached an impasse in attempting to negotiate the Operation Rules. (3) Modifications \nNothing in this Act prohibits the Secretary, after execution of the 2007 Agreement, from approving any modification to the 2007 Agreement, including any exhibit to the 2007 Agreement, that is consistent with this Act, to the extent that the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes ( 25 U.S.C. 177 ) or any other applicable provision of Federal law.", "id": "id89905FD72A134439A213BF90DDEFC8A2", "header": "Execution", "nested": [], "links": [ { "text": "25 U.S.C. 177", "legal-doc": "usc", "parsable-cite": "usc/25/177" } ] }, { "text": "(c) Environmental compliance \n(1) In general \nIn implementing the 2007 Agreement and this Act, the Secretary shall comply with all applicable provisions of— (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including the implementing regulations of that Act; and (C) other applicable Federal environmental laws and regulations. (2) Compliance \n(A) In general \nIn implementing the 2007 Agreement and this Act, the Tribe shall prepare any necessary environmental documents, consistent with all applicable provisions of— (i) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (ii) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. ), including the implementing regulations of that Act; and (iii) all other applicable Federal environmental laws and regulations. (B) Authorizations \nThe Secretary shall— (i) independently evaluate the documentation submitted under subparagraph (A); and (ii) be responsible for the accuracy, scope, and contents of that documentation. (3) Effect of execution \nThe execution of the 2007 Agreement by the Secretary under this section shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (4) Costs \nAny costs associated with the performance of the compliance activities under this subsection shall be paid from funds deposited in the Trust Fund, subject to the condition that any costs associated with the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary.", "id": "id29bc2232b68d44a4909b7ba3745eafb1", "header": "Environmental compliance", "nested": [], "links": [ { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" }, { "text": "42 U.S.C. 4231 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4231" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] } ], "links": [ { "text": "25 U.S.C. 177", "legal-doc": "usc", "parsable-cite": "usc/25/177" }, { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" }, { "text": "42 U.S.C. 4231 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4231" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "5. Tribal Water Right \n(a) Confirmation of Tribal Water Right \n(1) In general \nThe Tribal Water Right is ratified, confirmed, and declared valid. (2) Quantification \nThe Tribal Water Right includes the right to divert and use or permit the diversion and use of up to 5,828 acre-feet per year of surface water from the South Fork Tule River, as described in the 2007 Agreement and as confirmed in the decree entered by the Court pursuant to subsections (b) and (c) of section 12. (3) Use \nAny diversion, use, and place of use of the Tribal Water Right shall be subject to the terms and conditions of the 2007 Agreement and this Act. (b) Trust status of Tribal Water Right \nThe Tribal Water Right— (1) shall be held in trust by the United States for the use and benefit of the Tribe in accordance with this Act; and (2) shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. (c) Authority of the Tule River Tribe \n(1) In general \nThe Tule River Tribe shall have the authority to allocate and distribute the Tribal Water Right for use on the Reservation in accordance with the 2007 Agreement, this Act, and applicable Federal law. (d) Administration \n(1) No alienation \nThe Tribe shall not permanently alienate any portion of the Tribal Water Right. (2) Purchases or grants of land from indians \nAn authorization provided by this Act for the allocation, distribution, leasing, or other arrangement entered into pursuant to this Act shall be considered to satisfy any requirement for authorization of the action by treaty or convention imposed by section 2116 of the Revised Statutes ( 25 U.S.C. 177 ). (3) Prohibition on forfeiture \nThe non-use of all or any portion of the Tribal Water Right by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Tribal Water Right.", "id": "id34b15007778e49aab90d2a646d775ed7", "header": "Tribal Water Right", "nested": [ { "text": "(a) Confirmation of Tribal Water Right \n(1) In general \nThe Tribal Water Right is ratified, confirmed, and declared valid. (2) Quantification \nThe Tribal Water Right includes the right to divert and use or permit the diversion and use of up to 5,828 acre-feet per year of surface water from the South Fork Tule River, as described in the 2007 Agreement and as confirmed in the decree entered by the Court pursuant to subsections (b) and (c) of section 12. (3) Use \nAny diversion, use, and place of use of the Tribal Water Right shall be subject to the terms and conditions of the 2007 Agreement and this Act.", "id": "idfc97f2812a024e2592e9f93afa50f708", "header": "Confirmation of Tribal Water Right", "nested": [], "links": [] }, { "text": "(b) Trust status of Tribal Water Right \nThe Tribal Water Right— (1) shall be held in trust by the United States for the use and benefit of the Tribe in accordance with this Act; and (2) shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law.", "id": "id87f4808af26f47afb2455e9b92882b73", "header": "Trust status of Tribal Water Right", "nested": [], "links": [] }, { "text": "(c) Authority of the Tule River Tribe \n(1) In general \nThe Tule River Tribe shall have the authority to allocate and distribute the Tribal Water Right for use on the Reservation in accordance with the 2007 Agreement, this Act, and applicable Federal law.", "id": "idc5f1681e418442658d5a3539ab6af07f", "header": "Authority of the Tule River Tribe", "nested": [], "links": [] }, { "text": "(d) Administration \n(1) No alienation \nThe Tribe shall not permanently alienate any portion of the Tribal Water Right. (2) Purchases or grants of land from indians \nAn authorization provided by this Act for the allocation, distribution, leasing, or other arrangement entered into pursuant to this Act shall be considered to satisfy any requirement for authorization of the action by treaty or convention imposed by section 2116 of the Revised Statutes ( 25 U.S.C. 177 ). (3) Prohibition on forfeiture \nThe non-use of all or any portion of the Tribal Water Right by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Tribal Water Right.", "id": "id61c7c628e3d5465bb9e89ffb456c83bd", "header": "Administration", "nested": [], "links": [ { "text": "25 U.S.C. 177", "legal-doc": "usc", "parsable-cite": "usc/25/177" } ] } ], "links": [ { "text": "25 U.S.C. 177", "legal-doc": "usc", "parsable-cite": "usc/25/177" } ] }, { "text": "6. Tule River Tribe trust accounts \n(a) Establishment \nThe Secretary shall establish a trust fund, to be known as the Tule River Indian Tribe Settlement Trust Fund , to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Trust Fund under subsection (c), together with any interest earned on those amounts, for the purpose of carrying out this Act. (b) Accounts \nThe Secretary shall establish in the Trust Fund the following Accounts: (1) The Tule River Tribe Water Development Projects Account. (2) The Tule River Tribe OM&R Account. (c) Deposits \nThe Secretary shall deposit— (1) in the Tule River Tribe Water Development Projects Account established under subsection (b)(1), the amounts made available pursuant to section 7(a)(1); and (2) in the Tule River Tribe OM&R Account established under subsection (b)(2), the amounts made available pursuant to section 7(a)(2). (d) Management and interest \n(1) Management \nOn receipt and deposit of funds into the accounts in the Trust Fund pursuant to subsection (c), the Secretary shall manage, invest, and distribute all amounts in the Trust Fund in accordance with the investment authority of the Secretary under— (A) the first section of the Act of June 24, 1938 (52 Stat. 1037, chapter 648; 25 U.S.C. 162a ); (B) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ); and (C) this section. (2) Investment earnings \nIn addition to the deposits under subsection (c), any investment earnings, including interest, credited to amounts held in the Trust Fund are authorized to be used in accordance with subsections (e) and (h). (e) Availability of amounts \n(1) In general \nAmounts appropriated to, and deposited in, the Trust Fund, including any investment earnings, including interest, shall be made available to the Tribe by the Secretary beginning on the Enforceability Date and subject to the requirements set forth in this section, except for funds to be made available to the Tribe pursuant to paragraph (2). (2) Use of certain funds \nNotwithstanding paragraph (1), $20,000,000 of the amounts deposited in the Tule River Tribe Water Development Projects Account shall be made available to conduct technical studies and related investigations regarding the Phase I Reservoir and to establish appropriate Operation Rules. (f) Withdrawals \n(1) Withdrawals under the American Indian Trust Fund Management Reform Act of 1994 \n(A) In general \nThe Tribe may withdraw any portion of the amounts in the Trust Fund on approval by the Secretary of a Tribal management plan submitted by the Tribe in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ). (B) Requirements \nIn addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ), the Tribal management plan under this paragraph shall require that the Tribe shall spend all amounts withdrawn from the Trust Fund, and any investment earnings accrued through the investments under the Tribal management plan, in accordance with this Act. (C) Enforcement \nThe Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce the Tribal management plan under this paragraph to ensure that amounts withdrawn by the Tribe from the Trust Fund under this paragraph are used in accordance with this Act. (2) Withdrawals under expenditure plan \n(A) In general \nThe Tribe may submit to the Secretary a request to withdraw amounts from the Trust Fund pursuant to an approved expenditure plan. (B) Requirements \nTo be eligible to withdraw amounts under an expenditure plan under this paragraph, the Tribe shall submit to the Secretary an expenditure plan for any portion of the Trust Fund that the Tribe elects to withdraw pursuant to this subparagraph, subject to the condition that the amounts shall be used for the purposes described in this Act. (C) Inclusions \nAn expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Trust Fund will be used by the Tribe in accordance with subsections (e) and (h). (D) Approval \nThe Secretary shall approve an expenditure plan submitted under this paragraph if the Secretary determines that the plan— (i) is reasonable; and (ii) is consistent with, and will be used for, the purposes of this Act. (E) Enforcement \nThe Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this paragraph are used in accordance with this Act. (g) Effect of section \nNothing in this section gives the Tribe the right to judicial review of a determination of the Secretary relating to whether to approve a Tribal management plan under subsection (f)(1) or an expenditure plan under subsection (f)(2) except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ). (h) Uses \nAmounts from the Trust Fund may only be used by the Tribe for the following purposes: (1) The Tule River Tribe Water Development Projects Account may only be used to plan, design, and construct Water Development Projects on the Tule River Reservation, and for the conduct of related activities, including for environmental compliance in the development and construction of projects under this Act. (2) The Tule River Tribe OM&R Account may only be used for the OM&R of Water Development Projects. (i) Liability \nThe Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Trust Fund by the Tribe under paragraphs (1) and (2) of subsection (f). (j) Title to infrastructure \nTitle to, control over, and operation of any project constructed using funds from the Trust Fund shall remain in the Tribe. (k) Operation, maintenance, & replacement \nAll OM&R costs of any project constructed using funds from the Trust Fund shall be the responsibility of the Tribe. (l) No per capita distributions \nNo portion of the Trust Fund shall be distributed on a per capita basis to any member of the Tribe. (m) Expenditure report \nThe Tule River Tribe shall annually submit to the Secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan under this Act.", "id": "id68e5411e17494ddba2ad89766315ca1f", "header": "Tule River Tribe trust accounts", "nested": [ { "text": "(a) Establishment \nThe Secretary shall establish a trust fund, to be known as the Tule River Indian Tribe Settlement Trust Fund , to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Trust Fund under subsection (c), together with any interest earned on those amounts, for the purpose of carrying out this Act.", "id": "id85e87f980f3f43aca135fb9969970791", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Accounts \nThe Secretary shall establish in the Trust Fund the following Accounts: (1) The Tule River Tribe Water Development Projects Account. (2) The Tule River Tribe OM&R Account.", "id": "idac1e66b16a9d4674afc6676479bb4ba8", "header": "Accounts", "nested": [], "links": [] }, { "text": "(c) Deposits \nThe Secretary shall deposit— (1) in the Tule River Tribe Water Development Projects Account established under subsection (b)(1), the amounts made available pursuant to section 7(a)(1); and (2) in the Tule River Tribe OM&R Account established under subsection (b)(2), the amounts made available pursuant to section 7(a)(2).", "id": "id1941e939caa14602bbf9aead8b4b54cd", "header": "Deposits", "nested": [], "links": [] }, { "text": "(d) Management and interest \n(1) Management \nOn receipt and deposit of funds into the accounts in the Trust Fund pursuant to subsection (c), the Secretary shall manage, invest, and distribute all amounts in the Trust Fund in accordance with the investment authority of the Secretary under— (A) the first section of the Act of June 24, 1938 (52 Stat. 1037, chapter 648; 25 U.S.C. 162a ); (B) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ); and (C) this section. (2) Investment earnings \nIn addition to the deposits under subsection (c), any investment earnings, including interest, credited to amounts held in the Trust Fund are authorized to be used in accordance with subsections (e) and (h).", "id": "id503247ba858d475e9063c575ae16a2a6", "header": "Management and interest", "nested": [], "links": [ { "text": "25 U.S.C. 162a", "legal-doc": "usc", "parsable-cite": "usc/25/162a" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" } ] }, { "text": "(e) Availability of amounts \n(1) In general \nAmounts appropriated to, and deposited in, the Trust Fund, including any investment earnings, including interest, shall be made available to the Tribe by the Secretary beginning on the Enforceability Date and subject to the requirements set forth in this section, except for funds to be made available to the Tribe pursuant to paragraph (2). (2) Use of certain funds \nNotwithstanding paragraph (1), $20,000,000 of the amounts deposited in the Tule River Tribe Water Development Projects Account shall be made available to conduct technical studies and related investigations regarding the Phase I Reservoir and to establish appropriate Operation Rules.", "id": "id6c159ad821744722ac93a19d206115d5", "header": "Availability of amounts", "nested": [], "links": [] }, { "text": "(f) Withdrawals \n(1) Withdrawals under the American Indian Trust Fund Management Reform Act of 1994 \n(A) In general \nThe Tribe may withdraw any portion of the amounts in the Trust Fund on approval by the Secretary of a Tribal management plan submitted by the Tribe in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ). (B) Requirements \nIn addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ), the Tribal management plan under this paragraph shall require that the Tribe shall spend all amounts withdrawn from the Trust Fund, and any investment earnings accrued through the investments under the Tribal management plan, in accordance with this Act. (C) Enforcement \nThe Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce the Tribal management plan under this paragraph to ensure that amounts withdrawn by the Tribe from the Trust Fund under this paragraph are used in accordance with this Act. (2) Withdrawals under expenditure plan \n(A) In general \nThe Tribe may submit to the Secretary a request to withdraw amounts from the Trust Fund pursuant to an approved expenditure plan. (B) Requirements \nTo be eligible to withdraw amounts under an expenditure plan under this paragraph, the Tribe shall submit to the Secretary an expenditure plan for any portion of the Trust Fund that the Tribe elects to withdraw pursuant to this subparagraph, subject to the condition that the amounts shall be used for the purposes described in this Act. (C) Inclusions \nAn expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Trust Fund will be used by the Tribe in accordance with subsections (e) and (h). (D) Approval \nThe Secretary shall approve an expenditure plan submitted under this paragraph if the Secretary determines that the plan— (i) is reasonable; and (ii) is consistent with, and will be used for, the purposes of this Act. (E) Enforcement \nThe Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this paragraph are used in accordance with this Act.", "id": "id7183fd783eba48e882dd99fcbf4a6bec", "header": "Withdrawals", "nested": [], "links": [ { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" } ] }, { "text": "(g) Effect of section \nNothing in this section gives the Tribe the right to judicial review of a determination of the Secretary relating to whether to approve a Tribal management plan under subsection (f)(1) or an expenditure plan under subsection (f)(2) except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ).", "id": "id554cca4b667f46209dd482fd2e8f0e79", "header": "Effect of section", "nested": [], "links": [] }, { "text": "(h) Uses \nAmounts from the Trust Fund may only be used by the Tribe for the following purposes: (1) The Tule River Tribe Water Development Projects Account may only be used to plan, design, and construct Water Development Projects on the Tule River Reservation, and for the conduct of related activities, including for environmental compliance in the development and construction of projects under this Act. (2) The Tule River Tribe OM&R Account may only be used for the OM&R of Water Development Projects.", "id": "iddd9e2535e222471da038d1221d82e1ad", "header": "Uses", "nested": [], "links": [] }, { "text": "(i) Liability \nThe Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Trust Fund by the Tribe under paragraphs (1) and (2) of subsection (f).", "id": "idd564d8abe8d1464bbdafbfa6e64ce439", "header": "Liability", "nested": [], "links": [] }, { "text": "(j) Title to infrastructure \nTitle to, control over, and operation of any project constructed using funds from the Trust Fund shall remain in the Tribe.", "id": "idbe736f5f2fa042d38a3c48cf8be69c77", "header": "Title to infrastructure", "nested": [], "links": [] }, { "text": "(k) Operation, maintenance, & replacement \nAll OM&R costs of any project constructed using funds from the Trust Fund shall be the responsibility of the Tribe.", "id": "id2b23637763aa4c5190014b1984dda4b7", "header": "Operation, maintenance, & replacement", "nested": [], "links": [] }, { "text": "(l) No per capita distributions \nNo portion of the Trust Fund shall be distributed on a per capita basis to any member of the Tribe.", "id": "id6963e067c9ac4001bdc6117c5edc00ef", "header": "No per capita distributions", "nested": [], "links": [] }, { "text": "(m) Expenditure report \nThe Tule River Tribe shall annually submit to the Secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan under this Act.", "id": "idb72f514e23434ec39e237694e960aa6a", "header": "Expenditure report", "nested": [], "links": [] } ], "links": [ { "text": "25 U.S.C. 162a", "legal-doc": "usc", "parsable-cite": "usc/25/162a" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" }, { "text": "25 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/4001" } ] }, { "text": "7. Funding \n(a) Funding \nOut of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary— (1) for deposit in the Tule River Tribe Water Development Projects Account $518,000,000, to be available until expended, withdrawn, or reverted to the general fund of the Treasury; and (2) for deposit in the Tule River Tribe OM&R Account $50,000,000, to be available until expended, withdrawn, or reverted to the general fund of the Treasury. (b) Fluctuation in costs \n(1) In general \nThe amounts authorized to be appropriated under subsection (a) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after November 1, 2020, as indicated by the Bureau of Reclamation Construction Cost Index—Composite Trend. (2) Construction costs adjustment \nThe amounts authorized to be appropriated under subsection (a) shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved. (3) Repetition \nThe adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated. (4) Period of indexing \nThe period of indexing adjustment under this subsection for any increment of funding shall end on the date on which the funds are deposited into the Trust Fund.", "id": "id28e57d0fd4a644e09d66defe0cb1794c", "header": "Funding", "nested": [ { "text": "(a) Funding \nOut of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary— (1) for deposit in the Tule River Tribe Water Development Projects Account $518,000,000, to be available until expended, withdrawn, or reverted to the general fund of the Treasury; and (2) for deposit in the Tule River Tribe OM&R Account $50,000,000, to be available until expended, withdrawn, or reverted to the general fund of the Treasury.", "id": "idfe02225f4c5b47d2b36f763cee7bc553", "header": "Funding", "nested": [], "links": [] }, { "text": "(b) Fluctuation in costs \n(1) In general \nThe amounts authorized to be appropriated under subsection (a) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after November 1, 2020, as indicated by the Bureau of Reclamation Construction Cost Index—Composite Trend. (2) Construction costs adjustment \nThe amounts authorized to be appropriated under subsection (a) shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved. (3) Repetition \nThe adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated. (4) Period of indexing \nThe period of indexing adjustment under this subsection for any increment of funding shall end on the date on which the funds are deposited into the Trust Fund.", "id": "id0922b2565b6540a09f7d49d705af1c9a", "header": "Fluctuation in costs", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Transfer of land into trust \n(a) Transfer of land to trust \n(1) In general \nSubject to valid existing rights, and the requirements of this subsection, all right, title, and interest of the United States in and to the land described in paragraph (2) shall be held in trust by the United States for the benefit of the Tribe as part of the Reservation upon the Enforceability Date, provided that the Tribal fee land described in paragraph (2)(C)— (A) is free from any liens, encumbrances, or other infirmities; and (B) has no existing evidence of any hazardous substances or other environmental liability. (2) Lands to be held in trust \nThe land referred to in paragraph (1) is the following: (A) Bureau of Land Management lands \n(i) Approximately 26.15 acres of land located in T. 22 S., R. 29 E., sec. 35, Lot 9. (ii) Approximately 85.50 acres of land located in T. 22 S., R. 29 E., sec. 35, Lots 6 and 7. (iii) Approximately 38.77 acres of land located in— (I) T. 22 S., R. 30 E., sec. 30, Lot 1; and (II) T. 22 S., R. 30 E., sec. 31, Lots 6 and 7. (iv) Approximately 154.9 acres of land located in T. 22 S., R. 30 E., sec. 34, N 1/4 SW 1/4 and SW 1/4 SW 1/4 , Lots 2 and 3. (v) Approximately 40.00 acres of land located in T. 22 S., R. 30 E., sec. 34, NE 1/4 SE 1/4. (vi) Approximately 375.17 acres of land located in— (I) T. 22 S., R. 30 E., sec. 35, S 1/2 NE 1/4 , N 1/2 SE 1/4 , and SE 1/4 SE 1/4 , Lots 3, 4, and 6; and (II) T. 23 S., R. 30 E., sec. 2, S 1/2 NE 1/4 , Lots 6 and 7. (vii) Approximately 60.43 acres of land located in— (I) T. 22 S., R. 30 E., sec. 35, SW 1/4 SW 1/4 ; and (II) T. 23 S., R. 30 E., sec. 2, Lot 9. (viii) Approximately 15.48 acres of land located in T. 21 S., R. 30 E., sec. 31 in that portion of the NW 1/4 lying between Lots 8 and 9. (ix) Approximately 29.26 acres of land located in T. 21 S., R. 30 E., sec. 31, Lot 7. (B) Forest Service lands \nApproximately 9,037 acres of land comprising the headwaters area of the South Fork Tule River watershed located east of and adjacent to the Tule River Indian Reservation, and more particularly described as follows: (i) Commencing at the northeast corner of the Tule River Indian Reservation in T. 21 S., R. 31 E., sec. 16, Mount Diablo Base and Meridian, running thence east and then southeast along the ridge of mountains dividing the waters of the South Fork of the Tule River and Middle Fork of the Tule River, continuing south and then southwest along the ridge of mountains dividing the waters of the South Fork of the Tule River and the Upper Kern River until intersecting with the southeast corner of the Tule River Indian Reservation in T. 22 S., R. 31 E., sec. 28, thence from such point north along the eastern boundary of the Tule River Indian Reservation to the place of beginning. (ii) The area encompasses— (I) all of secs. 22, 23, 26, 27, 34, 35, and portions of secs. 13, 14, 15, 16, 21, 24, 25, 28, 33, and 36, in T. 21 S., R. 31 E.; and (II) all of secs. 3 and 10, and portions of secs. 1, 2, 4, 9, 11, 14, 15, 16, 21, 22, 27, and 28, in T. 22 S., R. 31 E. (C) Tribally owned fee lands \n(i) Approximately 300 acres of land known as the McCarthy Ranch and more particularly described as follows: (I) The SW 1/4 and that portion of the SE 1/4 of sec. 9 in T. 22 S., R. 29 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof, lying south and west of the center line of the South Fork of the Tule River, as such river existed on June 9, 1886, in the County of Tulare, State of California; excepting therefrom an undivided one-half interest in and to the oil, gas, minerals, and other hydrocarbon substances in, on, or under such land, as reserved by Alice King Henderson, a single woman, by Deed dated January 22, 1959, and Recorded February 18, 1959, in Book 2106, page 241, Tulare County Official Records. (II) An easement over and across that portion of the SW 1/4 of sec. 10 in T. 22 S., R. 29 E., Mount Diablo Base and Meridian, County of Tulare, State of California, more particularly described as follows: (aa) Beginning at the intersection of the west line of the SW 1/4 of sec. 10, and the south bank of the South Tule Independent Ditch; thence south 20 rods; thence in an easterly direction, parallel with such ditch, 80 rods; thence north 20 rods, thence westerly along the south bank of such ditch 80 rods to the point of beginning; for the purpose of— (AA) maintaining thereon an irrigation ditch between the headgate of the King Ditch situated on such land and the SW 1/4 and that portion of the SE 1/4 of sec. 9 in T. 22 S., R. 29 E., lying south and west of the centerline of the South Fork of the Tule River, as such river existed on June 9, 1886, in the County of Tulare, State of California; and (BB) conveying therethrough water from the South Fork of the Tule River to the SW 1/4 and that portion of the SE 1/4 of sec. 9 in T. 22 S., R. 29 E., lying south and west of the centerline of the South Fork of the Tule River, as such river existed on June 9, 1886. (bb) The easement described in item (aa) shall follow the existing route of the King Ditch. (ii) Approximately 640 acres of land known as the Pierson/Diaz property in T. 22 S., R. 29 E., sec. 16, Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof. (iii) Approximately 375.44 acres of land known as the Hyder property and more particularly described as follows: (I) That portion of the S 1/2 of sec. 12 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof, lying south of the County Road known as Reservation Road, excepting therefrom an undivided one-half interest in all oil, gas, minerals, and other hydrocarbon substances as reserved in the deed from California Lands, Inc., to Lovell J. Wilson and Genevieve P. Wilson, recorded February 17, 1940, in book 888, page 116, Tulare County Official Records. (II) The NW 1/4 of sec. 13 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof, excepting therefrom the south 1200 feet thereof. (III) The south 1200 feet of the NW 1/4 of sec. 13 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof. (iv) Approximately 157.22 acres of land situated in the unincorporated area of the County of Tulare, State of California, known as the Trailor property, and more particularly described as follows: The SW 1/4 of sec. 11 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the unincorporated area of the County of Tulare, State of California, according to the official plat thereof. (v) Approximately 89.45 acres of land known as the Tomato Patch in that portion of the SE 1/4 of sec. 11 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the Official Plat of the survey of such land on file in the Bureau of Land Management at the date of the issuance of the patent thereof, and more particularly described as follows: Beginning at the southeast corner of T. 22 S., R. 28 E., sec. 11, thence north and along the east line of such sec. 11, 1342 feet, thence south 83° 44’ west 258 feet, thence north 84° 30’ west 456 feet, thence north 65° 28’ west 800 feet, thence north 68° 44’ west 295 feet, thence south 71° 40’ west 700 feet, thence south 56° 41’ west 240 feet to the west line of the SE 1/4 of such sec. 11, thence south 0° 21’ west along such west line of the SE 1/4 of sec. 11, thence west 1427 feet to the southwest corner of such SE 1/4 of sec. 11, thence south 89° 34’ east 2657.0 feet to the point of beginning, excepting therefrom— (I) a strip of land 25 feet in width along the northerly and east sides and used as a County Road; and (II) an undivided one-half interest in all oil, gas, and minerals in and under such lands, as reserved in the Deed from Bank of America, a corporation, dated August 14, 1935, filed for record August 28, 1935, Fee Book 11904. (vi) Approximately 160 acres of land known as the Smith Mill in the NW 1/4 of the NE 1/4 , the N 1/2 of the NW 1/4 , and the SE 1/4 of the NW 1/4 of sec. 20 in T. 21 S., R. 31 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof. (vii) Approximately 35 acres of land located within the exterior boundaries of the Tule River Reservation known as the Highway 190 parcel, with the legal description as follows: That portion of T. 21 S., R. 29 E., sec. 19, Mount Diablo Base and Meridian, in the County of Tulare, Sate of California, according to the official plat thereof, and more particularly described as follows: Commencing at a point in the south line of the N 1/2 of the S 1/2 of such sec. 19, such point being south 89° 54’ 47” east, 1500.00 feet of the southwest corner of such N 1/2 , thence north 52° 41’ 17” east, 1602.80 feet to the true point of beginning of the parcel to be described, thence north 32° 02’ 00” west, 1619.53 feet to a point in the southeasterly line of State Highway 190 per deeds recorded May 5, 1958, in Book 2053, pages 608 and 613, Tulare County Official Records, thence north 57° 58’ 00” east, 232.29 feet, thence north 66° 33’ 24” east, 667.51 fee, thence departing the southeasterly line of such Highway 190, south 44° 53’ 27” east, 913.62 feet, thence south 85° 53’ 27” east, 794.53 feet, thence south 52° 41’ 17” west, 1744.64 feet to the true point of beginning. (viii) Approximately 61.91 acres of land located within the exterior boundaries of the Tule River Reservation known as the Shan King property, with the legal description as follows: (I) Parcel 1: Parcel No. 1 of parcel map no. 4028 in the County of Tulare, State of California, as per the map recorded in Book 41, page 32 of Tulare County Records. (II) (aa) Parcel 2: That portion of T. 21 S., R. 29 E., sec. 19, Mount Diablo Base and Meridian, in the County of Tulare, State of California, described as follows: Commencing at a point in the south line of the N 1/2 of the S 1/2 of such sec. 19, such point being south 89° 54’ 58” east, 1500.00 feet of the southwest corner of such N 1/2 , thence north 52° 41’ 06” east, 1602.80 feet to the southwesterly corner of the 40.00 acre parcel shown on the Record of Survey recorded in Book 18, page 17, of Licensed Surveys, Tulare County Records, thence, north 32° 01’ 28” west, 542.04 feet along the southwesterly line of such 40.00 acre parcel to the true point of beginning of the parcel to be described, thence, continuing north 32° 01’ 28” west, 1075.50 feet to the northwesterly corner of such 40.00 acre parcel, thence north 57° 58’ 50” east, 232.31 feet along the southeasterly line of State Highway 190, thence north 66° 34’ 12” east, 6.85 feet, thence, departing the southeasterly line of State Highway 190 south 29° 27’ 29” east, 884.73 feet, thence south 02° 59’ 33” east, 218.00 feet, thence south 57° 58’ 31” west, 93.67 feet to the true point of beginning. (bb) The property described in item (aa) is subject to a 100 foot minimum building setback from the right-of-way of Highway 190. (III) Parcel 3: That portion of T. 21 S., R. 29 E., sec. 19, Mount Diablo Base and Meridian, County of Tulare, State of California, described as follows: Beginning at a point in the south line of the N 1/2 of the S 1/2 of such sec. 19, such point being south 89° 54’ 47” east, 1500.00 feet of the southwest corner of such N 1/2 , thence north 7° 49’ 19” east, 1205.00 feet, thence north 40° 00’ 00” west, 850.00 feet to a point in the southeasterly line of State Highway 190, per deeds recorded May 5, 1958, in Book 2053, pages 608 and 613, Tulare County Official Records, thence, north 57° 58’ 00” east, 941.46 feet, along the southeasterly line of such Highway 190, thence departing the southeasterly line of such Highway 190, south 32° 02’ 00” east, 1619.53 feet, thence south 52° 41’ 17” west, 1602.80 feet to the point of beginning, together with a three-quarters ( 3/4 ) interest in a water system, as set forth in that certain water system and maintenance agreement recorded April 15, 2005, as document no. 2005–0039177. (ix) Approximately 18.44 acres of land located within the exterior boundaries of the Tule River Reservation known as the Parking Lot 4 parcel with the legal description as follows: That portion of the land described in that Grant Deed to Tule River Indian Tribe, recorded June 1, 2010, as document number 2010–0032879, Tulare County Official Records, lying within the following described parcel: beginning at a point on the east line of the NW 1/4 of sec. 3 in T. 22 S., R. 28 E., Mount Diablo Meridian, lying south 0° 49’ 43” west, 1670.53 feet from the N 1/4 corner of such sec. 3, thence (1) south 89° 10’ 17” east, 46.50 feet; thence (2) north 0° 49’ 43” east, 84.08 feet; thence (3) north 33° 00’ 00” west, 76.67 feet to the south line of State Route 190 as described in that Grant Deed to the State of California, recorded February 14, 1958, in Volume 2038, page 562, Tulare County Official Records; thence (4) north 0° 22’ 28” east, 73.59 feet to the north line of the SE 1/4 of the NW 1/4 of such sec. 3; thence (5) south 89° 37’ 32” east, along such north line, 89.77 feet to the center-north sixteenth corner of such sec. 3; thence (6) south 0° 49’ 43” west, along such east line of the NW 1/4 of such sec. 3, a distance of 222.06 feet to the point of beginning. Containing 0.08 acres, more or less, in addition to that portion lying within Road 284. Together with the underlying fee interest, if any, contiguous to the above-described property in and to Road 284. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter’s rights including access rights, appurtenant to grantor’s remaining property, in and to such freeway. Reserving however, unto grantor, grantor’s successors or assigns, the right of access to the freeway over and across Courses (1) and (2) herein above described. The bearings and distances used in this description are on the California Coordinate System of 1983, Zone 4. Divide distances by 0.999971 to convert to ground distances. (b) Terms and conditions \n(1) Existing authorizations \nAny Federal land transferred under this section shall be conveyed and taken into trust subject to valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. The Bureau of Indian Affairs shall assume all benefits and obligations of the previous land management agency under such existing rights, contracts, leases, permits, or rights-of-way, and shall disburse to the Tribe any amounts that accrue to the United States from such rights, contracts, leases, permits, or rights-of-ways after the date of transfer from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the Tribe. (2) Improvements \nAny improvements constituting personal property, as defined by State law, belonging to the holder of a right, contract, lease, permit, or right-of-way on lands transferred under this section shall remain the property of the holder and shall be removed not later than 90 days after the date on which the right, contract, lease, permit, or right-of-way expires, unless the Tribe and the holder agree otherwise. Any such property remaining beyond the 90-day period shall become the property of the Tribe and shall be subject to removal and disposition at the Tribe’s discretion. The holder shall be liable for the costs the Tribe incurs in removing and disposing of the property. (c) Withdrawal of Federal lands \n(1) In general \nSubject to valid existing rights, effective on the date of enactment of this Act, all Federal lands within the parcels described in subsection (a)(2) are withdrawn from all forms of— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (2) Expiration \nThe withdrawals pursuant to paragraph (1) shall terminate on the date that the Secretary takes the lands into trust for the benefit of the Tribe pursuant to subsection (a)(1). (d) Technical corrections \nNotwithstanding the descriptions of the parcels of land in subsection (a)(2), the United States may, with the consent of the Tribe, make technical corrections to the legal land descriptions to more specifically identify the parcels to be exchanged. (e) Survey \n(1) Unless the United States or the Tribe requests an additional survey for the transferred land or a technical correction is made under subsection (d), the description of land under this section shall be controlling. (2) If the United States or the Tribe requests an additional survey, that survey shall control the total acreage to be transferred into trust under this section. (3) The Secretary or the Secretary of Agriculture shall provide such assistance as may be appropriate— (A) to conduct additional surveys of the transferred land; and (B) to satisfy administrative requirements necessary to accomplish the land transfers under this section. (f) Date of transfer \nThe Secretary shall issue trust deeds for all land transfers under this section by not later than 10 years after the Enforceability Date. (g) Restriction on gaming \nLands taken into trust pursuant to this section shall not be considered to have been taken into trust for, nor eligible for, class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 )). (h) Status of water rights on transferred lands \nAny water rights associated with lands transferred pursuant to subparagraphs (A) through (C) of subsection (a)(2) shall be held in trust for the Tribe but shall not be included in the Tribal Water Right.", "id": "id00d5c26d2ca4456ab46d6cc114b6cbe5", "header": "Transfer of land into trust", "nested": [ { "text": "(a) Transfer of land to trust \n(1) In general \nSubject to valid existing rights, and the requirements of this subsection, all right, title, and interest of the United States in and to the land described in paragraph (2) shall be held in trust by the United States for the benefit of the Tribe as part of the Reservation upon the Enforceability Date, provided that the Tribal fee land described in paragraph (2)(C)— (A) is free from any liens, encumbrances, or other infirmities; and (B) has no existing evidence of any hazardous substances or other environmental liability. (2) Lands to be held in trust \nThe land referred to in paragraph (1) is the following: (A) Bureau of Land Management lands \n(i) Approximately 26.15 acres of land located in T. 22 S., R. 29 E., sec. 35, Lot 9. (ii) Approximately 85.50 acres of land located in T. 22 S., R. 29 E., sec. 35, Lots 6 and 7. (iii) Approximately 38.77 acres of land located in— (I) T. 22 S., R. 30 E., sec. 30, Lot 1; and (II) T. 22 S., R. 30 E., sec. 31, Lots 6 and 7. (iv) Approximately 154.9 acres of land located in T. 22 S., R. 30 E., sec. 34, N 1/4 SW 1/4 and SW 1/4 SW 1/4 , Lots 2 and 3. (v) Approximately 40.00 acres of land located in T. 22 S., R. 30 E., sec. 34, NE 1/4 SE 1/4. (vi) Approximately 375.17 acres of land located in— (I) T. 22 S., R. 30 E., sec. 35, S 1/2 NE 1/4 , N 1/2 SE 1/4 , and SE 1/4 SE 1/4 , Lots 3, 4, and 6; and (II) T. 23 S., R. 30 E., sec. 2, S 1/2 NE 1/4 , Lots 6 and 7. (vii) Approximately 60.43 acres of land located in— (I) T. 22 S., R. 30 E., sec. 35, SW 1/4 SW 1/4 ; and (II) T. 23 S., R. 30 E., sec. 2, Lot 9. (viii) Approximately 15.48 acres of land located in T. 21 S., R. 30 E., sec. 31 in that portion of the NW 1/4 lying between Lots 8 and 9. (ix) Approximately 29.26 acres of land located in T. 21 S., R. 30 E., sec. 31, Lot 7. (B) Forest Service lands \nApproximately 9,037 acres of land comprising the headwaters area of the South Fork Tule River watershed located east of and adjacent to the Tule River Indian Reservation, and more particularly described as follows: (i) Commencing at the northeast corner of the Tule River Indian Reservation in T. 21 S., R. 31 E., sec. 16, Mount Diablo Base and Meridian, running thence east and then southeast along the ridge of mountains dividing the waters of the South Fork of the Tule River and Middle Fork of the Tule River, continuing south and then southwest along the ridge of mountains dividing the waters of the South Fork of the Tule River and the Upper Kern River until intersecting with the southeast corner of the Tule River Indian Reservation in T. 22 S., R. 31 E., sec. 28, thence from such point north along the eastern boundary of the Tule River Indian Reservation to the place of beginning. (ii) The area encompasses— (I) all of secs. 22, 23, 26, 27, 34, 35, and portions of secs. 13, 14, 15, 16, 21, 24, 25, 28, 33, and 36, in T. 21 S., R. 31 E.; and (II) all of secs. 3 and 10, and portions of secs. 1, 2, 4, 9, 11, 14, 15, 16, 21, 22, 27, and 28, in T. 22 S., R. 31 E. (C) Tribally owned fee lands \n(i) Approximately 300 acres of land known as the McCarthy Ranch and more particularly described as follows: (I) The SW 1/4 and that portion of the SE 1/4 of sec. 9 in T. 22 S., R. 29 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof, lying south and west of the center line of the South Fork of the Tule River, as such river existed on June 9, 1886, in the County of Tulare, State of California; excepting therefrom an undivided one-half interest in and to the oil, gas, minerals, and other hydrocarbon substances in, on, or under such land, as reserved by Alice King Henderson, a single woman, by Deed dated January 22, 1959, and Recorded February 18, 1959, in Book 2106, page 241, Tulare County Official Records. (II) An easement over and across that portion of the SW 1/4 of sec. 10 in T. 22 S., R. 29 E., Mount Diablo Base and Meridian, County of Tulare, State of California, more particularly described as follows: (aa) Beginning at the intersection of the west line of the SW 1/4 of sec. 10, and the south bank of the South Tule Independent Ditch; thence south 20 rods; thence in an easterly direction, parallel with such ditch, 80 rods; thence north 20 rods, thence westerly along the south bank of such ditch 80 rods to the point of beginning; for the purpose of— (AA) maintaining thereon an irrigation ditch between the headgate of the King Ditch situated on such land and the SW 1/4 and that portion of the SE 1/4 of sec. 9 in T. 22 S., R. 29 E., lying south and west of the centerline of the South Fork of the Tule River, as such river existed on June 9, 1886, in the County of Tulare, State of California; and (BB) conveying therethrough water from the South Fork of the Tule River to the SW 1/4 and that portion of the SE 1/4 of sec. 9 in T. 22 S., R. 29 E., lying south and west of the centerline of the South Fork of the Tule River, as such river existed on June 9, 1886. (bb) The easement described in item (aa) shall follow the existing route of the King Ditch. (ii) Approximately 640 acres of land known as the Pierson/Diaz property in T. 22 S., R. 29 E., sec. 16, Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof. (iii) Approximately 375.44 acres of land known as the Hyder property and more particularly described as follows: (I) That portion of the S 1/2 of sec. 12 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof, lying south of the County Road known as Reservation Road, excepting therefrom an undivided one-half interest in all oil, gas, minerals, and other hydrocarbon substances as reserved in the deed from California Lands, Inc., to Lovell J. Wilson and Genevieve P. Wilson, recorded February 17, 1940, in book 888, page 116, Tulare County Official Records. (II) The NW 1/4 of sec. 13 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof, excepting therefrom the south 1200 feet thereof. (III) The south 1200 feet of the NW 1/4 of sec. 13 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof. (iv) Approximately 157.22 acres of land situated in the unincorporated area of the County of Tulare, State of California, known as the Trailor property, and more particularly described as follows: The SW 1/4 of sec. 11 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the unincorporated area of the County of Tulare, State of California, according to the official plat thereof. (v) Approximately 89.45 acres of land known as the Tomato Patch in that portion of the SE 1/4 of sec. 11 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the Official Plat of the survey of such land on file in the Bureau of Land Management at the date of the issuance of the patent thereof, and more particularly described as follows: Beginning at the southeast corner of T. 22 S., R. 28 E., sec. 11, thence north and along the east line of such sec. 11, 1342 feet, thence south 83° 44’ west 258 feet, thence north 84° 30’ west 456 feet, thence north 65° 28’ west 800 feet, thence north 68° 44’ west 295 feet, thence south 71° 40’ west 700 feet, thence south 56° 41’ west 240 feet to the west line of the SE 1/4 of such sec. 11, thence south 0° 21’ west along such west line of the SE 1/4 of sec. 11, thence west 1427 feet to the southwest corner of such SE 1/4 of sec. 11, thence south 89° 34’ east 2657.0 feet to the point of beginning, excepting therefrom— (I) a strip of land 25 feet in width along the northerly and east sides and used as a County Road; and (II) an undivided one-half interest in all oil, gas, and minerals in and under such lands, as reserved in the Deed from Bank of America, a corporation, dated August 14, 1935, filed for record August 28, 1935, Fee Book 11904. (vi) Approximately 160 acres of land known as the Smith Mill in the NW 1/4 of the NE 1/4 , the N 1/2 of the NW 1/4 , and the SE 1/4 of the NW 1/4 of sec. 20 in T. 21 S., R. 31 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof. (vii) Approximately 35 acres of land located within the exterior boundaries of the Tule River Reservation known as the Highway 190 parcel, with the legal description as follows: That portion of T. 21 S., R. 29 E., sec. 19, Mount Diablo Base and Meridian, in the County of Tulare, Sate of California, according to the official plat thereof, and more particularly described as follows: Commencing at a point in the south line of the N 1/2 of the S 1/2 of such sec. 19, such point being south 89° 54’ 47” east, 1500.00 feet of the southwest corner of such N 1/2 , thence north 52° 41’ 17” east, 1602.80 feet to the true point of beginning of the parcel to be described, thence north 32° 02’ 00” west, 1619.53 feet to a point in the southeasterly line of State Highway 190 per deeds recorded May 5, 1958, in Book 2053, pages 608 and 613, Tulare County Official Records, thence north 57° 58’ 00” east, 232.29 feet, thence north 66° 33’ 24” east, 667.51 fee, thence departing the southeasterly line of such Highway 190, south 44° 53’ 27” east, 913.62 feet, thence south 85° 53’ 27” east, 794.53 feet, thence south 52° 41’ 17” west, 1744.64 feet to the true point of beginning. (viii) Approximately 61.91 acres of land located within the exterior boundaries of the Tule River Reservation known as the Shan King property, with the legal description as follows: (I) Parcel 1: Parcel No. 1 of parcel map no. 4028 in the County of Tulare, State of California, as per the map recorded in Book 41, page 32 of Tulare County Records. (II) (aa) Parcel 2: That portion of T. 21 S., R. 29 E., sec. 19, Mount Diablo Base and Meridian, in the County of Tulare, State of California, described as follows: Commencing at a point in the south line of the N 1/2 of the S 1/2 of such sec. 19, such point being south 89° 54’ 58” east, 1500.00 feet of the southwest corner of such N 1/2 , thence north 52° 41’ 06” east, 1602.80 feet to the southwesterly corner of the 40.00 acre parcel shown on the Record of Survey recorded in Book 18, page 17, of Licensed Surveys, Tulare County Records, thence, north 32° 01’ 28” west, 542.04 feet along the southwesterly line of such 40.00 acre parcel to the true point of beginning of the parcel to be described, thence, continuing north 32° 01’ 28” west, 1075.50 feet to the northwesterly corner of such 40.00 acre parcel, thence north 57° 58’ 50” east, 232.31 feet along the southeasterly line of State Highway 190, thence north 66° 34’ 12” east, 6.85 feet, thence, departing the southeasterly line of State Highway 190 south 29° 27’ 29” east, 884.73 feet, thence south 02° 59’ 33” east, 218.00 feet, thence south 57° 58’ 31” west, 93.67 feet to the true point of beginning. (bb) The property described in item (aa) is subject to a 100 foot minimum building setback from the right-of-way of Highway 190. (III) Parcel 3: That portion of T. 21 S., R. 29 E., sec. 19, Mount Diablo Base and Meridian, County of Tulare, State of California, described as follows: Beginning at a point in the south line of the N 1/2 of the S 1/2 of such sec. 19, such point being south 89° 54’ 47” east, 1500.00 feet of the southwest corner of such N 1/2 , thence north 7° 49’ 19” east, 1205.00 feet, thence north 40° 00’ 00” west, 850.00 feet to a point in the southeasterly line of State Highway 190, per deeds recorded May 5, 1958, in Book 2053, pages 608 and 613, Tulare County Official Records, thence, north 57° 58’ 00” east, 941.46 feet, along the southeasterly line of such Highway 190, thence departing the southeasterly line of such Highway 190, south 32° 02’ 00” east, 1619.53 feet, thence south 52° 41’ 17” west, 1602.80 feet to the point of beginning, together with a three-quarters ( 3/4 ) interest in a water system, as set forth in that certain water system and maintenance agreement recorded April 15, 2005, as document no. 2005–0039177. (ix) Approximately 18.44 acres of land located within the exterior boundaries of the Tule River Reservation known as the Parking Lot 4 parcel with the legal description as follows: That portion of the land described in that Grant Deed to Tule River Indian Tribe, recorded June 1, 2010, as document number 2010–0032879, Tulare County Official Records, lying within the following described parcel: beginning at a point on the east line of the NW 1/4 of sec. 3 in T. 22 S., R. 28 E., Mount Diablo Meridian, lying south 0° 49’ 43” west, 1670.53 feet from the N 1/4 corner of such sec. 3, thence (1) south 89° 10’ 17” east, 46.50 feet; thence (2) north 0° 49’ 43” east, 84.08 feet; thence (3) north 33° 00’ 00” west, 76.67 feet to the south line of State Route 190 as described in that Grant Deed to the State of California, recorded February 14, 1958, in Volume 2038, page 562, Tulare County Official Records; thence (4) north 0° 22’ 28” east, 73.59 feet to the north line of the SE 1/4 of the NW 1/4 of such sec. 3; thence (5) south 89° 37’ 32” east, along such north line, 89.77 feet to the center-north sixteenth corner of such sec. 3; thence (6) south 0° 49’ 43” west, along such east line of the NW 1/4 of such sec. 3, a distance of 222.06 feet to the point of beginning. Containing 0.08 acres, more or less, in addition to that portion lying within Road 284. Together with the underlying fee interest, if any, contiguous to the above-described property in and to Road 284. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter’s rights including access rights, appurtenant to grantor’s remaining property, in and to such freeway. Reserving however, unto grantor, grantor’s successors or assigns, the right of access to the freeway over and across Courses (1) and (2) herein above described. The bearings and distances used in this description are on the California Coordinate System of 1983, Zone 4. Divide distances by 0.999971 to convert to ground distances.", "id": "id21337e141f694ced9ffa1bd0985e1c3e", "header": "Transfer of land to trust", "nested": [], "links": [] }, { "text": "(b) Terms and conditions \n(1) Existing authorizations \nAny Federal land transferred under this section shall be conveyed and taken into trust subject to valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. The Bureau of Indian Affairs shall assume all benefits and obligations of the previous land management agency under such existing rights, contracts, leases, permits, or rights-of-way, and shall disburse to the Tribe any amounts that accrue to the United States from such rights, contracts, leases, permits, or rights-of-ways after the date of transfer from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the Tribe. (2) Improvements \nAny improvements constituting personal property, as defined by State law, belonging to the holder of a right, contract, lease, permit, or right-of-way on lands transferred under this section shall remain the property of the holder and shall be removed not later than 90 days after the date on which the right, contract, lease, permit, or right-of-way expires, unless the Tribe and the holder agree otherwise. Any such property remaining beyond the 90-day period shall become the property of the Tribe and shall be subject to removal and disposition at the Tribe’s discretion. The holder shall be liable for the costs the Tribe incurs in removing and disposing of the property.", "id": "idf898933e873f445ab6105c6f0cb6955e", "header": "Terms and conditions", "nested": [], "links": [] }, { "text": "(c) Withdrawal of Federal lands \n(1) In general \nSubject to valid existing rights, effective on the date of enactment of this Act, all Federal lands within the parcels described in subsection (a)(2) are withdrawn from all forms of— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (2) Expiration \nThe withdrawals pursuant to paragraph (1) shall terminate on the date that the Secretary takes the lands into trust for the benefit of the Tribe pursuant to subsection (a)(1).", "id": "id26c1736ef533458f84634df801e2c325", "header": "Withdrawal of Federal lands", "nested": [], "links": [] }, { "text": "(d) Technical corrections \nNotwithstanding the descriptions of the parcels of land in subsection (a)(2), the United States may, with the consent of the Tribe, make technical corrections to the legal land descriptions to more specifically identify the parcels to be exchanged.", "id": "iddd42cd3c2a1544a8bc7d0c40adf91b03", "header": "Technical corrections", "nested": [], "links": [] }, { "text": "(e) Survey \n(1) Unless the United States or the Tribe requests an additional survey for the transferred land or a technical correction is made under subsection (d), the description of land under this section shall be controlling. (2) If the United States or the Tribe requests an additional survey, that survey shall control the total acreage to be transferred into trust under this section. (3) The Secretary or the Secretary of Agriculture shall provide such assistance as may be appropriate— (A) to conduct additional surveys of the transferred land; and (B) to satisfy administrative requirements necessary to accomplish the land transfers under this section.", "id": "idc79c987a6f394b21bc6adaf9c2c28220", "header": "Survey", "nested": [], "links": [] }, { "text": "(f) Date of transfer \nThe Secretary shall issue trust deeds for all land transfers under this section by not later than 10 years after the Enforceability Date.", "id": "idbd05ed0320014b7d96dfc0499a123ab0", "header": "Date of transfer", "nested": [], "links": [] }, { "text": "(g) Restriction on gaming \nLands taken into trust pursuant to this section shall not be considered to have been taken into trust for, nor eligible for, class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 )).", "id": "id72273d4f965e4267acd90f3ccb44f488", "header": "Restriction on gaming", "nested": [], "links": [ { "text": "25 U.S.C. 2703", "legal-doc": "usc", "parsable-cite": "usc/25/2703" } ] }, { "text": "(h) Status of water rights on transferred lands \nAny water rights associated with lands transferred pursuant to subparagraphs (A) through (C) of subsection (a)(2) shall be held in trust for the Tribe but shall not be included in the Tribal Water Right.", "id": "idf9f968aff66b494ea61e172b828f1e3b", "header": "Status of water rights on transferred lands", "nested": [], "links": [] } ], "links": [ { "text": "25 U.S.C. 2703", "legal-doc": "usc", "parsable-cite": "usc/25/2703" } ] }, { "text": "9. Satisfaction of claims \nThe benefits provided under this Act shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Tribe against the United States that is waived and released by the Tribe under section 10(a).", "id": "id3ee904ba17d245d18988a9be61a7092e", "header": "Satisfaction of claims", "nested": [], "links": [] }, { "text": "10. Waivers and releases of claims \n(a) In general \n(1) Waivers and releases of claims by the Tribe and the United States as trustee for the Tribe \nSubject to the reservation of rights and retention of claims set forth in subsection (c), as consideration for recognition of the Tribe’s Tribal Water Right and other benefits described in the 2007 Agreement and this Act, the Tribe and the United States, acting as trustee for the Tribe, shall execute a waiver and release of all claims for the following: (A) All claims for water rights within the State of California based on any and all legal theories that the Tribe or the United States acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including a general stream adjudication, on or before the Enforceability Date, except to the extent that such rights are recognized in the 2007 Agreement and this Act. (B) All claims for damages, losses, or injuries to water rights or claims of interference with, diversion, or taking of water rights (including claims for injury to lands resulting from such damages, losses, injuries, interference with, diversion, or taking of water rights) within California against the State, or any person, entity, corporation, or municipality, that accrued at any time up to and including the Enforceability Date. (2) Waiver and release of claims by the Tribe against the United States \nSubject to the reservation of rights and retention of claims under subsection (c), the Tribe shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States) for water rights within the State of California first arising before the Enforceability Date relating to— (A) water rights within the State of California that the United States, acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including a general stream adjudication, except to the extent that such rights are recognized as part of the Tribal Water Right under this Act; (B) foregone benefits from nontribal use of water, on and off the Reservation (including water from all sources and for all uses); (C) damage, loss, or injury to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights, due to loss of water or water rights, claims relating to interference with, diversion, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the State of California; (D) a failure to establish or provide a municipal rural or industrial water delivery system on the Reservation; (E) damage, loss, or injury to water, water rights, land, or natural resources due to construction, operation, and management of irrigation projects on the Reservation and other Federal land and facilities (including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat); (F) failure to provide for operation, maintenance, or deferred maintenance for any irrigation system or irrigation project; (G) failure to provide a dam safety improvement to a dam on the Reservation; (H) the litigation of claims relating to any water rights of the Tribe within the State of California; (I) the negotiation, execution, or adoption of the 2007 Agreement (including exhibits A–F) and this Act; (J) the negotiation, execution, or adoption of operational rules referred to in article 3.4 of the 2007 Agreement in connection with any reservoir locations, including any claims related to the resolution of operational rules pursuant to the dispute resolution processes set forth in the article 8 of the 2007 Agreement, including claims arising after the Enforceability Date; and (K) claims related to the creation or reduction of the Reservation, including any claims relating to the failure to ratify any treaties and any claims that any particular lands were intended to be set aside as a permanent homeland for the Tribe but were not included as part of the present Reservation. (b) Effectiveness \nThe waivers and releases under subsection (a) shall take effect on the Enforceability Date. (c) Reservation of rights and retention of claims \nNotwithstanding the waivers and releases under subsection (a), the Tribe and the United States, acting as trustee for the Tribe, shall retain— (1) all claims relating to the enforcement of, or claims accruing after the Enforceability Date relating to water rights recognized under the 2007 Agreement, any final court decree entered in the Federal District Court for the Eastern District of California, or this Act; (2) all claims relating to the right to use and protect water rights acquired after the date of enactment of this Act; (3) claims regarding the quality of water under— (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ), including claims for damages to natural resources; (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); (C) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) (commonly referred to as the Clean Water Act ); and (D) any regulations implementing the Acts described in subparagraphs (A) through (C); (4) all claims for damage, loss, or injury to land or natural resources that are not due to loss of water or water rights, including hunting, fishing, gathering, or cultural rights; and (5) all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this Act or the 2007 Agreement. (d) Effect of 2007 Agreement and Act \nNothing in the 2007 Agreement or this Act— (1) affects the authority of the Tribe to enforce the laws of the Tribe, including with respect to environmental protections or reduces or extends the sovereignty (including civil and criminal jurisdiction) of any government entity; (2) affects the ability of the United States, acting as sovereign, to carry out any activity authorized by law, including— (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ); (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); (C) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); (D) the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ); and (E) any regulations implementing the Acts described in subparagraphs (A) through (D); (3) affects the ability of the United States to act as trustee for any other Indian Tribe or an allotee of any other Indian Tribe; (4) confers jurisdiction on any State court— (A) to interpret Federal law relating to health, safety, or the environment; (B) to determine the duties of the United States or any other party under Federal law regarding health, safety, or the environment; (C) to conduct judicial review of any Federal agency action; or (D) to interpret Tribal law; or (5) waives any claim of a member of the Tribe in an individual capacity that does not derive from a right of the Tribe. (e) Tolling of claims \n(1) In general \nEach applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the Enforceability Date. (2) Effect of subsection \nNothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act. (3) Limitation \nNothing in this section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law. (f) Expiration \n(1) In general \nThis Act shall expire in any case in which the Secretary fails to publish a statement of findings under section 11 by not later than— (A) 8 years from the date of enactment of this Act; or (B) such alternative later date as is agreed to by the Tribe and the Secretary, after providing reasonable notice to the State of California. (2) Consequences \nIf this Act expires under paragraph (1)— (A) the waivers and releases under subsection (a) shall— (i) expire; and (ii) have no further force or effect; (B) the authorization, ratification, confirmation, and execution of the 2007 Agreement under section 4 shall no longer be effective; (C) any action carried out by the Secretary, and any contract or agreement entered into pursuant to this Act, shall be void; (D) any unexpended Federal funds appropriated or made available to carry out the activities authorized by this Act, together with any interest earned on those funds, and any water rights or contracts to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this Act shall be returned to the Federal Government, unless otherwise agreed to by the Tribe and the United States and approved by Congress; and (E) except for Federal funds used to acquire or construct property that is returned to the Federal Government under subparagraph (D), the United States shall be entitled to offset any Federal funds made available to carry out this Act that were expended or withdrawn, or any funds made available to carry out this Act from other Federal authorized sources, together with any interest accrued on those funds, against any claims against the United States— (i) relating to— (I) water rights in the State of California asserted by— (aa) the Tribe; or (bb) any user of the Tribal Water Right; or (II) any other matter covered by subsection (a)(2); or (ii) in any future settlement of water rights of the Tribe.", "id": "id48f278a75e9c4a359cf29056c74585ff", "header": "Waivers and releases of claims", "nested": [ { "text": "(a) In general \n(1) Waivers and releases of claims by the Tribe and the United States as trustee for the Tribe \nSubject to the reservation of rights and retention of claims set forth in subsection (c), as consideration for recognition of the Tribe’s Tribal Water Right and other benefits described in the 2007 Agreement and this Act, the Tribe and the United States, acting as trustee for the Tribe, shall execute a waiver and release of all claims for the following: (A) All claims for water rights within the State of California based on any and all legal theories that the Tribe or the United States acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including a general stream adjudication, on or before the Enforceability Date, except to the extent that such rights are recognized in the 2007 Agreement and this Act. (B) All claims for damages, losses, or injuries to water rights or claims of interference with, diversion, or taking of water rights (including claims for injury to lands resulting from such damages, losses, injuries, interference with, diversion, or taking of water rights) within California against the State, or any person, entity, corporation, or municipality, that accrued at any time up to and including the Enforceability Date. (2) Waiver and release of claims by the Tribe against the United States \nSubject to the reservation of rights and retention of claims under subsection (c), the Tribe shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States) for water rights within the State of California first arising before the Enforceability Date relating to— (A) water rights within the State of California that the United States, acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including a general stream adjudication, except to the extent that such rights are recognized as part of the Tribal Water Right under this Act; (B) foregone benefits from nontribal use of water, on and off the Reservation (including water from all sources and for all uses); (C) damage, loss, or injury to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights, due to loss of water or water rights, claims relating to interference with, diversion, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the State of California; (D) a failure to establish or provide a municipal rural or industrial water delivery system on the Reservation; (E) damage, loss, or injury to water, water rights, land, or natural resources due to construction, operation, and management of irrigation projects on the Reservation and other Federal land and facilities (including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat); (F) failure to provide for operation, maintenance, or deferred maintenance for any irrigation system or irrigation project; (G) failure to provide a dam safety improvement to a dam on the Reservation; (H) the litigation of claims relating to any water rights of the Tribe within the State of California; (I) the negotiation, execution, or adoption of the 2007 Agreement (including exhibits A–F) and this Act; (J) the negotiation, execution, or adoption of operational rules referred to in article 3.4 of the 2007 Agreement in connection with any reservoir locations, including any claims related to the resolution of operational rules pursuant to the dispute resolution processes set forth in the article 8 of the 2007 Agreement, including claims arising after the Enforceability Date; and (K) claims related to the creation or reduction of the Reservation, including any claims relating to the failure to ratify any treaties and any claims that any particular lands were intended to be set aside as a permanent homeland for the Tribe but were not included as part of the present Reservation.", "id": "id54d7810d85994aafb5c6c7d4deea9ad0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effectiveness \nThe waivers and releases under subsection (a) shall take effect on the Enforceability Date.", "id": "id06ff1f5df5c54df0815943108dbee1ee", "header": "Effectiveness", "nested": [], "links": [] }, { "text": "(c) Reservation of rights and retention of claims \nNotwithstanding the waivers and releases under subsection (a), the Tribe and the United States, acting as trustee for the Tribe, shall retain— (1) all claims relating to the enforcement of, or claims accruing after the Enforceability Date relating to water rights recognized under the 2007 Agreement, any final court decree entered in the Federal District Court for the Eastern District of California, or this Act; (2) all claims relating to the right to use and protect water rights acquired after the date of enactment of this Act; (3) claims regarding the quality of water under— (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ), including claims for damages to natural resources; (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); (C) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) (commonly referred to as the Clean Water Act ); and (D) any regulations implementing the Acts described in subparagraphs (A) through (C); (4) all claims for damage, loss, or injury to land or natural resources that are not due to loss of water or water rights, including hunting, fishing, gathering, or cultural rights; and (5) all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this Act or the 2007 Agreement.", "id": "id0842a15e88eb443e98cf610f827b69a3", "header": "Reservation of rights and retention of claims", "nested": [], "links": [ { "text": "42 U.S.C. 9601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 300f et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300f" }, { "text": "33 U.S.C. 1251 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/1251" } ] }, { "text": "(d) Effect of 2007 Agreement and Act \nNothing in the 2007 Agreement or this Act— (1) affects the authority of the Tribe to enforce the laws of the Tribe, including with respect to environmental protections or reduces or extends the sovereignty (including civil and criminal jurisdiction) of any government entity; (2) affects the ability of the United States, acting as sovereign, to carry out any activity authorized by law, including— (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ); (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); (C) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); (D) the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ); and (E) any regulations implementing the Acts described in subparagraphs (A) through (D); (3) affects the ability of the United States to act as trustee for any other Indian Tribe or an allotee of any other Indian Tribe; (4) confers jurisdiction on any State court— (A) to interpret Federal law relating to health, safety, or the environment; (B) to determine the duties of the United States or any other party under Federal law regarding health, safety, or the environment; (C) to conduct judicial review of any Federal agency action; or (D) to interpret Tribal law; or (5) waives any claim of a member of the Tribe in an individual capacity that does not derive from a right of the Tribe.", "id": "id9ba5de5187484c6f89deab80548512b0", "header": "Effect of 2007 Agreement and Act", "nested": [], "links": [ { "text": "42 U.S.C. 9601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 300f et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300f" }, { "text": "33 U.S.C. 1251 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/1251" }, { "text": "42 U.S.C. 6901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/6901" } ] }, { "text": "(e) Tolling of claims \n(1) In general \nEach applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the Enforceability Date. (2) Effect of subsection \nNothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act. (3) Limitation \nNothing in this section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law.", "id": "idfca46e172249486382a5ad7c317d3884", "header": "Tolling of claims", "nested": [], "links": [] }, { "text": "(f) Expiration \n(1) In general \nThis Act shall expire in any case in which the Secretary fails to publish a statement of findings under section 11 by not later than— (A) 8 years from the date of enactment of this Act; or (B) such alternative later date as is agreed to by the Tribe and the Secretary, after providing reasonable notice to the State of California. (2) Consequences \nIf this Act expires under paragraph (1)— (A) the waivers and releases under subsection (a) shall— (i) expire; and (ii) have no further force or effect; (B) the authorization, ratification, confirmation, and execution of the 2007 Agreement under section 4 shall no longer be effective; (C) any action carried out by the Secretary, and any contract or agreement entered into pursuant to this Act, shall be void; (D) any unexpended Federal funds appropriated or made available to carry out the activities authorized by this Act, together with any interest earned on those funds, and any water rights or contracts to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this Act shall be returned to the Federal Government, unless otherwise agreed to by the Tribe and the United States and approved by Congress; and (E) except for Federal funds used to acquire or construct property that is returned to the Federal Government under subparagraph (D), the United States shall be entitled to offset any Federal funds made available to carry out this Act that were expended or withdrawn, or any funds made available to carry out this Act from other Federal authorized sources, together with any interest accrued on those funds, against any claims against the United States— (i) relating to— (I) water rights in the State of California asserted by— (aa) the Tribe; or (bb) any user of the Tribal Water Right; or (II) any other matter covered by subsection (a)(2); or (ii) in any future settlement of water rights of the Tribe.", "id": "id7b3160a7150943a68273dceb14568877", "header": "Expiration", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 9601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 300f et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300f" }, { "text": "33 U.S.C. 1251 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/1251" }, { "text": "42 U.S.C. 9601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 300f et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300f" }, { "text": "33 U.S.C. 1251 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/1251" }, { "text": "42 U.S.C. 6901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/6901" } ] }, { "text": "11. Enforceability Date \nThe Enforceability Date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— (1) to the extent that the 2007 Agreement conflicts with the Act, the 2007 Agreement has been amended to conform with this Act; (2) the 2007 Agreement, so revised, includes waivers and releases of claims set forth in section 10 and has been executed by the parties, including the United States; (3) a final judgment and decree approving the 2007 Agreement, including Operation Rules, and binding all parties to the action has been entered by the Court, and all appeals have been exhausted; (4) all of the amounts authorized to be appropriated under section 7(a) have been appropriated and deposited in the designated accounts; and (5) the waivers and releases under section 10(a) have been executed by the Tribe and the Secretary.", "id": "id17b4d7a406534e27891e1df7f1bd22e0", "header": "Enforceability Date", "nested": [], "links": [] }, { "text": "12. Binding effect; judicial approval; enforceability \n(a) In general \n(1) Lawsuit \n1 or more Parties may file suit in the Court requesting the entry of a final judgement and decree approving the Tribal Water Right and the 2007 Agreement, provided that no such suit shall be filed until after— (A) the Tribe has confirmed that the Phase I Reservoir will be sited at the location described in section 3.4.B.(1) of the 2007 Agreement and that Exhibit E governs operation of the Phase I Reservoir; or (B) the Tribe has selected a substitute site for the Phase I Reservoir pursuant to section 3.4.B.(2)(a) of the 2007 Agreement and— (i) the Parties have agreed on Operation Rules and the Secretary has executed the 2007 Agreement; or (ii) if the Parties have reached an impasse in attempting to negotiate Operation Rules, at least 1 Party has developed proposed Operation Rules to submit for judicial review and approval, and has shared the proposed Operation Rules with the other Parties at least 90 days in advance of filing the lawsuit. (2) Joining United States as party \nWhere suit is filed pursuant to this subsection, including the satisfaction of the requirements in subparagraph (A) or (B) of paragraph (1), the United States may be joined in litigation for the purposes set forth in this section. (b) Judicial approval \nThe Court shall have exclusive jurisdiction to review and determine whether to approve the Tribal Water Right and the 2007 Agreement, and on doing so over any cause of action initiated by any Party arising from a dispute over the interpretation of the 2007 Agreement or this Act, and any cause of action initiated by any Party for the enforcement of the 2007 Agreement. (c) Failure To agree on operation rules \n(1) In general \nSubject to subsection (a)(1)(B)(ii), the Court shall have jurisdiction over a cause of action that a Party initiates to establish Operation Rules, where the Parties failed to reach agreement on such Operation Rules. (2) Voluntary dispute resolution \nIf a suit is filed under paragraph (1), the Court shall refer the Parties to the voluntary dispute resolution program of the Court. (3) Court selection of Operation Rules \n(A) In general \nIf the voluntary dispute resolution program does not, after a reasonable amount of time as determined by the Court, result in agreed-on Operation Rules, the Court shall set a deadline by which any Party or Downstream Water User may submit proposed Operation Rules and, after briefing and hearing evidence, select among the proffered Operation Rule based on the criteria set forth in paragraph (4). (B) Implementation of agreed-on Operation Rules \nOnce the Court selects Operation Rules pursuant to subparagraph (A), such Operation Rules shall thereafter control and shall be implemented by the Parties pursuant to the terms directed by the Court. (4) Criteria for Court selection of Operation Rules \n(A) In general \nThe Court shall select the proffered Operation Rules that, if implemented, would be the most effective in— (i) regulating the flows in the South Tule River to comply with the terms contained in the 2007 Agreement and the following diversion limits, where the South Tule Independent Ditch Company’s point of diversion is the point of measurement, including— (I) where the natural flow is less than 3 cubic feet per second (referred to in this clause as cfs ), the Tribe has a right to 1 cfs; (II) where the natural flow is greater than or equal to 3 cfs and less than 5 cfs, the Tribe has a right to 1½ cfs; (III) where the natural flow is greater than or equal to 5 cfs and less than 10 cfs, the Tribe has a right to 2 cfs; and (IV) where the natural flow is greater than or equal to 10 cfs, the Tribe has a right to any amount; (ii) minimizing adverse impact on the Parties other than the Tribe; and (iii) maintaining the right of the Tribe to the reasonable and economic use of water for domestic and stock purposes on the Reservation. (B) Consideration of Exhibit E \nIn applying the criteria set forth in subparagraph (A), the Court should consider the Operation Rules governing the Phase I Reservoir described in section 3.4.B.(1) of the 2007 Agreement, as set forth in Exhibit E to the 2007 Agreement, which the Parties agreed on based on consideration of that criteria. (C) Inconsistency of proposed Operation Rules with criteria \n(i) In general \nThe Court shall not approve the 2007 Agreement if the Court finds that none of the proffered Operation Rules are consistent with the criteria set forth in subparagraph (A). (ii) Alternative Operation Rules \nIf the Court finds that none of the proffered Operation Rules are consistent with the criteria set forth in subparagraph (A), the Court may establish an alternate process to allow the Parties to develop alternate Operation Rules that are consistent with that criteria.", "id": "id6d372048662d4afeaf637a22f0ebfb54", "header": "Binding effect; judicial approval; enforceability", "nested": [ { "text": "(a) In general \n(1) Lawsuit \n1 or more Parties may file suit in the Court requesting the entry of a final judgement and decree approving the Tribal Water Right and the 2007 Agreement, provided that no such suit shall be filed until after— (A) the Tribe has confirmed that the Phase I Reservoir will be sited at the location described in section 3.4.B.(1) of the 2007 Agreement and that Exhibit E governs operation of the Phase I Reservoir; or (B) the Tribe has selected a substitute site for the Phase I Reservoir pursuant to section 3.4.B.(2)(a) of the 2007 Agreement and— (i) the Parties have agreed on Operation Rules and the Secretary has executed the 2007 Agreement; or (ii) if the Parties have reached an impasse in attempting to negotiate Operation Rules, at least 1 Party has developed proposed Operation Rules to submit for judicial review and approval, and has shared the proposed Operation Rules with the other Parties at least 90 days in advance of filing the lawsuit. (2) Joining United States as party \nWhere suit is filed pursuant to this subsection, including the satisfaction of the requirements in subparagraph (A) or (B) of paragraph (1), the United States may be joined in litigation for the purposes set forth in this section.", "id": "idcc9d6e5af0ca4eadb5113b0fc936c322", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Judicial approval \nThe Court shall have exclusive jurisdiction to review and determine whether to approve the Tribal Water Right and the 2007 Agreement, and on doing so over any cause of action initiated by any Party arising from a dispute over the interpretation of the 2007 Agreement or this Act, and any cause of action initiated by any Party for the enforcement of the 2007 Agreement.", "id": "ida1111350b16c4c7b94e72713eafdf21d", "header": "Judicial approval", "nested": [], "links": [] }, { "text": "(c) Failure To agree on operation rules \n(1) In general \nSubject to subsection (a)(1)(B)(ii), the Court shall have jurisdiction over a cause of action that a Party initiates to establish Operation Rules, where the Parties failed to reach agreement on such Operation Rules. (2) Voluntary dispute resolution \nIf a suit is filed under paragraph (1), the Court shall refer the Parties to the voluntary dispute resolution program of the Court. (3) Court selection of Operation Rules \n(A) In general \nIf the voluntary dispute resolution program does not, after a reasonable amount of time as determined by the Court, result in agreed-on Operation Rules, the Court shall set a deadline by which any Party or Downstream Water User may submit proposed Operation Rules and, after briefing and hearing evidence, select among the proffered Operation Rule based on the criteria set forth in paragraph (4). (B) Implementation of agreed-on Operation Rules \nOnce the Court selects Operation Rules pursuant to subparagraph (A), such Operation Rules shall thereafter control and shall be implemented by the Parties pursuant to the terms directed by the Court. (4) Criteria for Court selection of Operation Rules \n(A) In general \nThe Court shall select the proffered Operation Rules that, if implemented, would be the most effective in— (i) regulating the flows in the South Tule River to comply with the terms contained in the 2007 Agreement and the following diversion limits, where the South Tule Independent Ditch Company’s point of diversion is the point of measurement, including— (I) where the natural flow is less than 3 cubic feet per second (referred to in this clause as cfs ), the Tribe has a right to 1 cfs; (II) where the natural flow is greater than or equal to 3 cfs and less than 5 cfs, the Tribe has a right to 1½ cfs; (III) where the natural flow is greater than or equal to 5 cfs and less than 10 cfs, the Tribe has a right to 2 cfs; and (IV) where the natural flow is greater than or equal to 10 cfs, the Tribe has a right to any amount; (ii) minimizing adverse impact on the Parties other than the Tribe; and (iii) maintaining the right of the Tribe to the reasonable and economic use of water for domestic and stock purposes on the Reservation. (B) Consideration of Exhibit E \nIn applying the criteria set forth in subparagraph (A), the Court should consider the Operation Rules governing the Phase I Reservoir described in section 3.4.B.(1) of the 2007 Agreement, as set forth in Exhibit E to the 2007 Agreement, which the Parties agreed on based on consideration of that criteria. (C) Inconsistency of proposed Operation Rules with criteria \n(i) In general \nThe Court shall not approve the 2007 Agreement if the Court finds that none of the proffered Operation Rules are consistent with the criteria set forth in subparagraph (A). (ii) Alternative Operation Rules \nIf the Court finds that none of the proffered Operation Rules are consistent with the criteria set forth in subparagraph (A), the Court may establish an alternate process to allow the Parties to develop alternate Operation Rules that are consistent with that criteria.", "id": "iddd5efe69c68e4a8981501691db407447", "header": "Failure To agree on operation rules", "nested": [], "links": [] } ], "links": [] }, { "text": "13. Miscellaneous provisions \n(a) Waiver of sovereign immunity by the United States \nNothing in this Act waives the sovereign immunity of the United States, except as provided in section 12(a)(2). (b) Other Tribes not adversely affected \nNothing in this Act quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian Tribe, band, or community other than the Tribe. (c) Other water rights of United States not adversely affected \nNothing in this Act quantifies or diminishes any other water right held by the United States other than as a Downstream Water User. (d) Effect on current law \nNothing in this Act affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to pre-enforcement review of any Federal environmental enforcement action. (e) Conflict \nIn the event of a conflict between the 2007 Agreement and this Act, this Act shall control.", "id": "idfacafe0dbe144826a594f1e0422f2c15", "header": "Miscellaneous provisions", "nested": [ { "text": "(a) Waiver of sovereign immunity by the United States \nNothing in this Act waives the sovereign immunity of the United States, except as provided in section 12(a)(2).", "id": "idad4df57ee75e431d9bcc748451348ba5", "header": "Waiver of sovereign immunity by the United States", "nested": [], "links": [] }, { "text": "(b) Other Tribes not adversely affected \nNothing in this Act quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian Tribe, band, or community other than the Tribe.", "id": "ide6a0779bd501452ba5ded48156a468b2", "header": "Other Tribes not adversely affected", "nested": [], "links": [] }, { "text": "(c) Other water rights of United States not adversely affected \nNothing in this Act quantifies or diminishes any other water right held by the United States other than as a Downstream Water User.", "id": "idB87D30E6D9074406AA32011223398CF3", "header": "Other water rights of United States not adversely affected", "nested": [], "links": [] }, { "text": "(d) Effect on current law \nNothing in this Act affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to pre-enforcement review of any Federal environmental enforcement action.", "id": "id35f48e4541934133b05749cb2f1a1760", "header": "Effect on current law", "nested": [], "links": [] }, { "text": "(e) Conflict \nIn the event of a conflict between the 2007 Agreement and this Act, this Act shall control.", "id": "ide05a95a6782f474abe717774a6fd92fa", "header": "Conflict", "nested": [], "links": [] } ], "links": [] }, { "text": "14. Antideficiency \nThe United States shall not be liable for any failure to carry out any obligation or activity authorized by this Act, including any obligation or activity under the 2007 Agreement if adequate appropriations are not provided by Congress expressly to carry out the purposes of this Act.", "id": "id5E69C7F1D76E4B98A35A376F35C1A717", "header": "Antideficiency", "nested": [], "links": [] } ]

[ "California", "Federal-Indian relations", "Government trust funds", "Indian claims", "Indian lands and resources rights", "Lakes and rivers", "Land transfers", "Water quality", "Water use and supply" ]

[ { "text": "1. Short title \nThis Act may be cited as the Crime Gun Tracing Modernization Act of 2023.", "id": "idC769F29CB89049E2A50A64BD3DBAA2BD", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Electronic, searchable databases \nSection 923(g) of title 18, United States Code, is amended by adding at the end the following: (8) (A) In this paragraph, the term foreign intelligence information has the meaning given the term in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). (B) Not later than 3 years after the date of enactment of this paragraph, the National Tracing Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall establish and maintain electronic, searchable databases of all records within its possession of the importation, production, shipment, receipt, sale, or other disposition of firearms required to be submitted to the Bureau of Alcohol, Tobacco, Firearms and Explosives by persons licensed under this chapter. (C) Each licensee under this chapter may provide the National Tracing Center with electronic access, consistent with the requirements of this paragraph, to all records within the licensee’s possession that are required to be kept under this chapter. (D) A licensee may voluntarily relinquish possession of any non-electronic record required to be kept under this chapter to the Bureau of Alcohol, Tobacco, Firearms and Explosives if— (i) 10 years have elapsed from the date of the firearm transaction; or (ii) in the case of paper acquisition and disposition books, 10 years have elapsed without any open disposition entries and without any dispositions recorded in that record. (E) The National Tracing Center— (i) shall have remote access to and may query, search, or otherwise access the electronic databases described in this paragraph; and (ii) may, with the permission of a State, or political subdivision of a State, have remote access to, and may query, search, or otherwise access the databases of the firearms registration system or pawnbroker records system of the State or political subdivision. (F) The National Tracing Center may query, search, or otherwise access the electronic databases described in this paragraph for only the following purposes: (i) To obtain information related to a bona fide law enforcement investigation by any Federal, State, local, tribal, or foreign law enforcement agency. (ii) To obtain information that is— (I) foreign intelligence information; or (II) necessary to understand, or assess the importance of, foreign intelligence information. (iii) To obtain information necessary during a compliance inspection of an active licensee who has submitted non-electronic records in accordance with subparagraph (D). (G) The databases established under this paragraph— (i) shall be electronically searchable by date of acquisition or disposition, license number, and the information identified on each firearm or other firearm descriptor, including the manufacturer, importer, model, serial number, type, and caliber or gauge; (ii) shall not be electronically searchable by the personally identifiable information of any individual; and (iii) shall include in search results the entire contents of the relevant records kept by the licensee. (H) This paragraph shall take effect notwithstanding any other provision of law, including any temporary or permanent restrictions placed on funds made available to the Bureau of Alcohol, Tobacco, Firearms and Explosives, or the Department of Justice..", "id": "id27B20145C2644DBF955A6BC20EF7EE19", "header": "Electronic, searchable databases", "nested": [], "links": [ { "text": "50 U.S.C. 1801", "legal-doc": "usc", "parsable-cite": "usc/50/1801" } ] } ]

[ "Business records", "Criminal justice information and records", "Firearms and explosives", "Intelligence activities, surveillance, classified information", "Intergovernmental relations", "Licensing and registrations", "Retail and wholesale trades", "State and local government operations" ]

[ { "text": "1. Short title \nThis Act may be cited as the DHS Suicide Prevention and Resiliency for Law Enforcement Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Department of Homeland Security suicide prevention and resiliency for law enforcement \n(a) In general \nTitle VII of the Homeland Security Act of 2002 ( 6 U.S.C. 341 et seq. ) is amended by inserting after section 710 the following: 710A. Suicide prevention and resiliency for law enforcement \n(a) Definitions \n(1) Department of homeland security component \nThe term Department of Homeland Security component means— (A) U.S. Customs and Border Protection; (B) U.S. Immigration and Customs Enforcement; (C) the Office of the Inspector General of the Department of Homeland Security; (D) the United States Coast Guard; (E) the United States Secret Service; (F) the Transportation Security Administration; and (G) any other Department of Homeland Security component or office with law enforcement officers or agents. (2) Program \nThe term Program means the Law Enforcement Mental Health and Wellness Program established pursuant to subsection (b). (b) Law Enforcement Mental Health and Wellness Program \n(1) Establishment \n(A) In general \nThe Secretary shall establish, within the office overseen by the Chief Medical Officer, the Law Enforcement Mental Health and Wellness Program. (B) Purpose \nThe purpose of the Program shall be to provide a comprehensive approach to address the mental health and wellness of Department of Homeland Security law enforcement agents and officers. (C) Administration \nThe Secretary, working through the Program, shall— (i) establish and maintain policies and standard operating procedures, consistent with best evidence-based practices, that detail the authority, roles, and responsibilities of the Program; (ii) conduct data collection and research on mental health, suicides, and, to the extent possible, attempted suicides, of law enforcement personnel within the Department of Homeland Security, in accordance with section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 ), the Department of Homeland Security’s directives and policies, section 1128E of the Social Security Act ( 42 U.S.C. 1320a–7e ), and section 2(a) of the Law Enforcement Suicide Data Collection Act ( Public Law 116–143 ); (iii) track current trends and leading practices from other governmental and nongovernmental organizations for law enforcement mental health and wellness; (iv) evaluate current mental health and resiliency programs within Department of Homeland Security components; (v) promote education and training related to mental health, resilience, suicide prevention, stigma, and mental health resources to raise mental health awareness and to support others the needs of supervisors, clinicians, care-givers, peer support members, chaplains, and those who have been exposed to trauma; (vi) establish the Peer-to-Peer Support Program Advisory Council, which shall— (I) include at least 1 licensed clinician and at least 1 official with requisite and relevant training and experience in peer support for law enforcement personnel from each Department of Homeland Security component; (II) evaluate component peer support programs; (III) identify and address any potential deficiencies, limitations, and gaps; (IV) provide for sharing of leading practices or best practices, including internationally recognized peer support standards of care protocols; (V) create a peer support network that enables the sharing of trained peer support personnel, chaplains, and other peer-to-peer personnel across Department of Homeland Security components; and (VI) sustain peer support programs through ongoing funding of annual and refresher training and resources for peer support programing in the workplace— (aa) to ensure minimum standards for peer support services; and (bb) to provide appropriate care for peer support personnel across Department of Homeland Security components; (vii) assist Department of Homeland Security components in developing a program to provide suicide prevention and resiliency support and training for— (I) families of law enforcement agents and officers; and (II) surviving families of officers and agents who have died by suicide; (viii) work with law enforcement mental health and wellness program officials of Department of Homeland Security components (which shall include peer support-trained personnel, agency mental health professionals, chaplains, and, for components with employees having an exclusive representative, the exclusive representative with respect to such program) to implement new policies, procedures, and programs that may be necessary based on findings from data collection, research, and evaluation efforts; and (ix) conduct regular outreach and messaging, across Department of Homeland Security components, of available training opportunities and resources. (D) Confidentiality; limitation \n(i) Confidentiality \nActions described in subparagraph (C) may not include the publication of any personally identifiable information. (ii) Limitation \nPersonally identifiable information collected pursuant to subparagraph (C) may not be used for any purpose other than the implementation of this section unless otherwise permitted under applicable law. Any personally identifiable information that is collected, maintained, or used pursuant to this section is subject to applicable public nondisclosure requirements, including sections 552 and 552a of title 5, United States Code. (E) Personnel \n(i) Management \nThe Workplace Health and Wellness Coordinator of the Department, under the direction of the Chief Medical Officer of the Department, shall be responsible for the ongoing management of the Program. (ii) Minimum core personnel requirements \nSubject to appropriations, the Secretary shall ensure that the Program is staffed with the number of employees that the Chief Medical Officer determines to be necessary to carry out the duties described in subparagraph (C), including representatives from each Department of Homeland Security component and the Office of the Chief Privacy Officer. (2) Directive \nNot later than 180 days after the date of the enactment of the DHS Suicide Prevention and Resiliency for Law Enforcement Act , the Chief Medical Officer of the Department shall— (A) issue a directive or policy that outlines the roles and responsibilities of the Program; and (B) distribute such directive or policy among all Department personnel. (c) Coordination \nThe Chief Medical Officer of the Department shall require the Program to regularly coordinate with the Department of Homeland Security components by assigning at least 1 official from each such component to the Program for the purpose of coordinating with field points of contact who are responsible for carrying out duties within Department mental health and wellness programs. (d) Department of Homeland Security components \nThe Secretary shall require the head of each Department of Homeland Security component to prioritize and improve mental health and wellness programs, which may include other Department of Homeland Security component personnel, that— (1) provide adequate resources for law enforcement mental health, well-being, resilience, and suicide prevention programs and research; (2) promote a culture that reduces the stigma of seeking mental health assistance through regular messaging, training, and raising mental health awareness; (3) offer several avenues of seeking mental health or counseling assistance, both within the Department of Homeland Security component and through private sources that provide for anonymity and include access to external mental health clinicians; (4) review and revise relevant policies of Department of Homeland Security components that inadvertently deter personnel from seeking mental health assistance; (5) ensure that such programs include safeguards against adverse action, including automatic referrals for a fitness for duty examination, by such component with respect to any employee solely because such employee self identifies a need for psychological health counseling or assistance or receives such counseling or assistance; (6) implement policies that require in-person or live and interactive virtual suicide awareness and law enforcement resiliency training for law enforcement officers and agents; (7) make such training available, as appropriate, to other personnel— (A) upon the commencement of their employment with the Department of Homeland Security; (B) on an annual basis during such employment; (C) during such employees’ transition into a supervisory role; and (D) if feasible, shortly before the officer, agent, or other Department of Homeland Security component personnel terminates his or her employment with the Department, if such individual elects to participate; and (8) include prevention and awareness training opportunities and support services for families of officers, agents, and other Department of Homeland Security component personnel. (e) Data collection and evaluation \n(1) Assessment of effectiveness of law enforcement health and wellness programs \nThe Workplace Health and Wellness Coordinator, under the direction of the Chief Medical Officer of the Department— (A) shall develop criteria to assess the effectiveness of law enforcement health and wellness programs carried out by the Department; (B) shall conduct annual confidential surveys of law enforcement agents and officers within Department of Homeland Security components to assist in evaluating the effectiveness of law enforcement health and wellness programs in accordance with the criteria developed pursuant to subparagraph (A); (C) shall ensure that the surveys conducted pursuant to subparagraph (B)— (i) incorporate leading practices in questionnaire and survey design and development; and (ii) establish a baseline and subsequently measure change over time; and (D) may utilize contractor support in carrying out the duties described in subparagraphs (A) through (C). (2) Recommendations \nThe Chief Medical Officer of the Department shall provide recommendations to Department of Homeland Security components based on the evaluation of programs and the results of the surveys conducted pursuant to paragraph (1)(B). (3) Incident reports \nEach Department of Homeland Security component shall report to the Workplace Health and Wellness Coordinator incidents of suicide involving law enforcement officers and agents and any data consistent with data collected under section 2(a) of the Law Enforcement Suicide Data Collection Act ( Public Law 116–143 ). The Workplace Health and Wellness Coordinator shall forward such information to the Law Enforcement Officers Suicide Data Collection Program established pursuant to such section. (4) Confidentiality; limitation \n(A) Confidentiality \nActivities described in paragraph (1) or reporting described under paragraph (3) may not include the publication of any personally identifiable information. (B) Limitation \nPersonally identifiable information collected pursuant to paragraph (1) may not be used for any purpose other than the implementation of this section unless otherwise permitted under applicable law. Any personally identifiable information that is collected, maintained, or used pursuant to this section is subject to applicable public nondisclosure requirements, including sections 552 and 552a of title 5, United States Code. (f) Briefing \nNot later than 180 days after the date of the enactment of the DHS Suicide Prevention and Resiliency for Law Enforcement Act , and annually thereafter through fiscal year 2027, the Chief Medical Officer of the Department shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the implementation of the requirements described in this section.. (b) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ) is amended by inserting after the item relating to section 710 the following: Sec. 710A. Suicide prevention and resiliency for law enforcement..", "id": "idfeabb02db2d9402397fd9670aeea0931", "header": "Department of Homeland Security suicide prevention and resiliency for law enforcement", "nested": [ { "text": "(a) In general \nTitle VII of the Homeland Security Act of 2002 ( 6 U.S.C. 341 et seq. ) is amended by inserting after section 710 the following: 710A. Suicide prevention and resiliency for law enforcement \n(a) Definitions \n(1) Department of homeland security component \nThe term Department of Homeland Security component means— (A) U.S. Customs and Border Protection; (B) U.S. Immigration and Customs Enforcement; (C) the Office of the Inspector General of the Department of Homeland Security; (D) the United States Coast Guard; (E) the United States Secret Service; (F) the Transportation Security Administration; and (G) any other Department of Homeland Security component or office with law enforcement officers or agents. (2) Program \nThe term Program means the Law Enforcement Mental Health and Wellness Program established pursuant to subsection (b). (b) Law Enforcement Mental Health and Wellness Program \n(1) Establishment \n(A) In general \nThe Secretary shall establish, within the office overseen by the Chief Medical Officer, the Law Enforcement Mental Health and Wellness Program. (B) Purpose \nThe purpose of the Program shall be to provide a comprehensive approach to address the mental health and wellness of Department of Homeland Security law enforcement agents and officers. (C) Administration \nThe Secretary, working through the Program, shall— (i) establish and maintain policies and standard operating procedures, consistent with best evidence-based practices, that detail the authority, roles, and responsibilities of the Program; (ii) conduct data collection and research on mental health, suicides, and, to the extent possible, attempted suicides, of law enforcement personnel within the Department of Homeland Security, in accordance with section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 ), the Department of Homeland Security’s directives and policies, section 1128E of the Social Security Act ( 42 U.S.C. 1320a–7e ), and section 2(a) of the Law Enforcement Suicide Data Collection Act ( Public Law 116–143 ); (iii) track current trends and leading practices from other governmental and nongovernmental organizations for law enforcement mental health and wellness; (iv) evaluate current mental health and resiliency programs within Department of Homeland Security components; (v) promote education and training related to mental health, resilience, suicide prevention, stigma, and mental health resources to raise mental health awareness and to support others the needs of supervisors, clinicians, care-givers, peer support members, chaplains, and those who have been exposed to trauma; (vi) establish the Peer-to-Peer Support Program Advisory Council, which shall— (I) include at least 1 licensed clinician and at least 1 official with requisite and relevant training and experience in peer support for law enforcement personnel from each Department of Homeland Security component; (II) evaluate component peer support programs; (III) identify and address any potential deficiencies, limitations, and gaps; (IV) provide for sharing of leading practices or best practices, including internationally recognized peer support standards of care protocols; (V) create a peer support network that enables the sharing of trained peer support personnel, chaplains, and other peer-to-peer personnel across Department of Homeland Security components; and (VI) sustain peer support programs through ongoing funding of annual and refresher training and resources for peer support programing in the workplace— (aa) to ensure minimum standards for peer support services; and (bb) to provide appropriate care for peer support personnel across Department of Homeland Security components; (vii) assist Department of Homeland Security components in developing a program to provide suicide prevention and resiliency support and training for— (I) families of law enforcement agents and officers; and (II) surviving families of officers and agents who have died by suicide; (viii) work with law enforcement mental health and wellness program officials of Department of Homeland Security components (which shall include peer support-trained personnel, agency mental health professionals, chaplains, and, for components with employees having an exclusive representative, the exclusive representative with respect to such program) to implement new policies, procedures, and programs that may be necessary based on findings from data collection, research, and evaluation efforts; and (ix) conduct regular outreach and messaging, across Department of Homeland Security components, of available training opportunities and resources. (D) Confidentiality; limitation \n(i) Confidentiality \nActions described in subparagraph (C) may not include the publication of any personally identifiable information. (ii) Limitation \nPersonally identifiable information collected pursuant to subparagraph (C) may not be used for any purpose other than the implementation of this section unless otherwise permitted under applicable law. Any personally identifiable information that is collected, maintained, or used pursuant to this section is subject to applicable public nondisclosure requirements, including sections 552 and 552a of title 5, United States Code. (E) Personnel \n(i) Management \nThe Workplace Health and Wellness Coordinator of the Department, under the direction of the Chief Medical Officer of the Department, shall be responsible for the ongoing management of the Program. (ii) Minimum core personnel requirements \nSubject to appropriations, the Secretary shall ensure that the Program is staffed with the number of employees that the Chief Medical Officer determines to be necessary to carry out the duties described in subparagraph (C), including representatives from each Department of Homeland Security component and the Office of the Chief Privacy Officer. (2) Directive \nNot later than 180 days after the date of the enactment of the DHS Suicide Prevention and Resiliency for Law Enforcement Act , the Chief Medical Officer of the Department shall— (A) issue a directive or policy that outlines the roles and responsibilities of the Program; and (B) distribute such directive or policy among all Department personnel. (c) Coordination \nThe Chief Medical Officer of the Department shall require the Program to regularly coordinate with the Department of Homeland Security components by assigning at least 1 official from each such component to the Program for the purpose of coordinating with field points of contact who are responsible for carrying out duties within Department mental health and wellness programs. (d) Department of Homeland Security components \nThe Secretary shall require the head of each Department of Homeland Security component to prioritize and improve mental health and wellness programs, which may include other Department of Homeland Security component personnel, that— (1) provide adequate resources for law enforcement mental health, well-being, resilience, and suicide prevention programs and research; (2) promote a culture that reduces the stigma of seeking mental health assistance through regular messaging, training, and raising mental health awareness; (3) offer several avenues of seeking mental health or counseling assistance, both within the Department of Homeland Security component and through private sources that provide for anonymity and include access to external mental health clinicians; (4) review and revise relevant policies of Department of Homeland Security components that inadvertently deter personnel from seeking mental health assistance; (5) ensure that such programs include safeguards against adverse action, including automatic referrals for a fitness for duty examination, by such component with respect to any employee solely because such employee self identifies a need for psychological health counseling or assistance or receives such counseling or assistance; (6) implement policies that require in-person or live and interactive virtual suicide awareness and law enforcement resiliency training for law enforcement officers and agents; (7) make such training available, as appropriate, to other personnel— (A) upon the commencement of their employment with the Department of Homeland Security; (B) on an annual basis during such employment; (C) during such employees’ transition into a supervisory role; and (D) if feasible, shortly before the officer, agent, or other Department of Homeland Security component personnel terminates his or her employment with the Department, if such individual elects to participate; and (8) include prevention and awareness training opportunities and support services for families of officers, agents, and other Department of Homeland Security component personnel. (e) Data collection and evaluation \n(1) Assessment of effectiveness of law enforcement health and wellness programs \nThe Workplace Health and Wellness Coordinator, under the direction of the Chief Medical Officer of the Department— (A) shall develop criteria to assess the effectiveness of law enforcement health and wellness programs carried out by the Department; (B) shall conduct annual confidential surveys of law enforcement agents and officers within Department of Homeland Security components to assist in evaluating the effectiveness of law enforcement health and wellness programs in accordance with the criteria developed pursuant to subparagraph (A); (C) shall ensure that the surveys conducted pursuant to subparagraph (B)— (i) incorporate leading practices in questionnaire and survey design and development; and (ii) establish a baseline and subsequently measure change over time; and (D) may utilize contractor support in carrying out the duties described in subparagraphs (A) through (C). (2) Recommendations \nThe Chief Medical Officer of the Department shall provide recommendations to Department of Homeland Security components based on the evaluation of programs and the results of the surveys conducted pursuant to paragraph (1)(B). (3) Incident reports \nEach Department of Homeland Security component shall report to the Workplace Health and Wellness Coordinator incidents of suicide involving law enforcement officers and agents and any data consistent with data collected under section 2(a) of the Law Enforcement Suicide Data Collection Act ( Public Law 116–143 ). The Workplace Health and Wellness Coordinator shall forward such information to the Law Enforcement Officers Suicide Data Collection Program established pursuant to such section. (4) Confidentiality; limitation \n(A) Confidentiality \nActivities described in paragraph (1) or reporting described under paragraph (3) may not include the publication of any personally identifiable information. (B) Limitation \nPersonally identifiable information collected pursuant to paragraph (1) may not be used for any purpose other than the implementation of this section unless otherwise permitted under applicable law. Any personally identifiable information that is collected, maintained, or used pursuant to this section is subject to applicable public nondisclosure requirements, including sections 552 and 552a of title 5, United States Code. (f) Briefing \nNot later than 180 days after the date of the enactment of the DHS Suicide Prevention and Resiliency for Law Enforcement Act , and annually thereafter through fiscal year 2027, the Chief Medical Officer of the Department shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the implementation of the requirements described in this section..", "id": "id77DCBF967C7B445DA05EFCD37F0EC0E3", "header": "In general", "nested": [], "links": [ { "text": "6 U.S.C. 341 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/341" }, { "text": "29 U.S.C. 791", "legal-doc": "usc", "parsable-cite": "usc/29/791" }, { "text": "42 U.S.C. 1320a–7e", "legal-doc": "usc", "parsable-cite": "usc/42/1320a-7e" }, { "text": "Public Law 116–143", "legal-doc": "public-law", "parsable-cite": "pl/116/143" }, { "text": "Public Law 116–143", "legal-doc": "public-law", "parsable-cite": "pl/116/143" } ] }, { "text": "(b) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ) is amended by inserting after the item relating to section 710 the following: Sec. 710A. Suicide prevention and resiliency for law enforcement..", "id": "idDE9FB53A53EE4437B6B2F04EF41203FE", "header": "Clerical amendment", "nested": [], "links": [ { "text": "Public Law 107–296", "legal-doc": "public-law", "parsable-cite": "pl/107/296" } ] } ], "links": [ { "text": "6 U.S.C. 341 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/341" }, { "text": "29 U.S.C. 791", "legal-doc": "usc", "parsable-cite": "usc/29/791" }, { "text": "42 U.S.C. 1320a–7e", "legal-doc": "usc", "parsable-cite": "usc/42/1320a-7e" }, { "text": "Public Law 116–143", "legal-doc": "public-law", "parsable-cite": "pl/116/143" }, { "text": "Public Law 116–143", "legal-doc": "public-law", "parsable-cite": "pl/116/143" }, { "text": "Public Law 107–296", "legal-doc": "public-law", "parsable-cite": "pl/107/296" } ] }, { "text": "710A. Suicide prevention and resiliency for law enforcement \n(a) Definitions \n(1) Department of homeland security component \nThe term Department of Homeland Security component means— (A) U.S. Customs and Border Protection; (B) U.S. Immigration and Customs Enforcement; (C) the Office of the Inspector General of the Department of Homeland Security; (D) the United States Coast Guard; (E) the United States Secret Service; (F) the Transportation Security Administration; and (G) any other Department of Homeland Security component or office with law enforcement officers or agents. (2) Program \nThe term Program means the Law Enforcement Mental Health and Wellness Program established pursuant to subsection (b). (b) Law Enforcement Mental Health and Wellness Program \n(1) Establishment \n(A) In general \nThe Secretary shall establish, within the office overseen by the Chief Medical Officer, the Law Enforcement Mental Health and Wellness Program. (B) Purpose \nThe purpose of the Program shall be to provide a comprehensive approach to address the mental health and wellness of Department of Homeland Security law enforcement agents and officers. (C) Administration \nThe Secretary, working through the Program, shall— (i) establish and maintain policies and standard operating procedures, consistent with best evidence-based practices, that detail the authority, roles, and responsibilities of the Program; (ii) conduct data collection and research on mental health, suicides, and, to the extent possible, attempted suicides, of law enforcement personnel within the Department of Homeland Security, in accordance with section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 ), the Department of Homeland Security’s directives and policies, section 1128E of the Social Security Act ( 42 U.S.C. 1320a–7e ), and section 2(a) of the Law Enforcement Suicide Data Collection Act ( Public Law 116–143 ); (iii) track current trends and leading practices from other governmental and nongovernmental organizations for law enforcement mental health and wellness; (iv) evaluate current mental health and resiliency programs within Department of Homeland Security components; (v) promote education and training related to mental health, resilience, suicide prevention, stigma, and mental health resources to raise mental health awareness and to support others the needs of supervisors, clinicians, care-givers, peer support members, chaplains, and those who have been exposed to trauma; (vi) establish the Peer-to-Peer Support Program Advisory Council, which shall— (I) include at least 1 licensed clinician and at least 1 official with requisite and relevant training and experience in peer support for law enforcement personnel from each Department of Homeland Security component; (II) evaluate component peer support programs; (III) identify and address any potential deficiencies, limitations, and gaps; (IV) provide for sharing of leading practices or best practices, including internationally recognized peer support standards of care protocols; (V) create a peer support network that enables the sharing of trained peer support personnel, chaplains, and other peer-to-peer personnel across Department of Homeland Security components; and (VI) sustain peer support programs through ongoing funding of annual and refresher training and resources for peer support programing in the workplace— (aa) to ensure minimum standards for peer support services; and (bb) to provide appropriate care for peer support personnel across Department of Homeland Security components; (vii) assist Department of Homeland Security components in developing a program to provide suicide prevention and resiliency support and training for— (I) families of law enforcement agents and officers; and (II) surviving families of officers and agents who have died by suicide; (viii) work with law enforcement mental health and wellness program officials of Department of Homeland Security components (which shall include peer support-trained personnel, agency mental health professionals, chaplains, and, for components with employees having an exclusive representative, the exclusive representative with respect to such program) to implement new policies, procedures, and programs that may be necessary based on findings from data collection, research, and evaluation efforts; and (ix) conduct regular outreach and messaging, across Department of Homeland Security components, of available training opportunities and resources. (D) Confidentiality; limitation \n(i) Confidentiality \nActions described in subparagraph (C) may not include the publication of any personally identifiable information. (ii) Limitation \nPersonally identifiable information collected pursuant to subparagraph (C) may not be used for any purpose other than the implementation of this section unless otherwise permitted under applicable law. Any personally identifiable information that is collected, maintained, or used pursuant to this section is subject to applicable public nondisclosure requirements, including sections 552 and 552a of title 5, United States Code. (E) Personnel \n(i) Management \nThe Workplace Health and Wellness Coordinator of the Department, under the direction of the Chief Medical Officer of the Department, shall be responsible for the ongoing management of the Program. (ii) Minimum core personnel requirements \nSubject to appropriations, the Secretary shall ensure that the Program is staffed with the number of employees that the Chief Medical Officer determines to be necessary to carry out the duties described in subparagraph (C), including representatives from each Department of Homeland Security component and the Office of the Chief Privacy Officer. (2) Directive \nNot later than 180 days after the date of the enactment of the DHS Suicide Prevention and Resiliency for Law Enforcement Act , the Chief Medical Officer of the Department shall— (A) issue a directive or policy that outlines the roles and responsibilities of the Program; and (B) distribute such directive or policy among all Department personnel. (c) Coordination \nThe Chief Medical Officer of the Department shall require the Program to regularly coordinate with the Department of Homeland Security components by assigning at least 1 official from each such component to the Program for the purpose of coordinating with field points of contact who are responsible for carrying out duties within Department mental health and wellness programs. (d) Department of Homeland Security components \nThe Secretary shall require the head of each Department of Homeland Security component to prioritize and improve mental health and wellness programs, which may include other Department of Homeland Security component personnel, that— (1) provide adequate resources for law enforcement mental health, well-being, resilience, and suicide prevention programs and research; (2) promote a culture that reduces the stigma of seeking mental health assistance through regular messaging, training, and raising mental health awareness; (3) offer several avenues of seeking mental health or counseling assistance, both within the Department of Homeland Security component and through private sources that provide for anonymity and include access to external mental health clinicians; (4) review and revise relevant policies of Department of Homeland Security components that inadvertently deter personnel from seeking mental health assistance; (5) ensure that such programs include safeguards against adverse action, including automatic referrals for a fitness for duty examination, by such component with respect to any employee solely because such employee self identifies a need for psychological health counseling or assistance or receives such counseling or assistance; (6) implement policies that require in-person or live and interactive virtual suicide awareness and law enforcement resiliency training for law enforcement officers and agents; (7) make such training available, as appropriate, to other personnel— (A) upon the commencement of their employment with the Department of Homeland Security; (B) on an annual basis during such employment; (C) during such employees’ transition into a supervisory role; and (D) if feasible, shortly before the officer, agent, or other Department of Homeland Security component personnel terminates his or her employment with the Department, if such individual elects to participate; and (8) include prevention and awareness training opportunities and support services for families of officers, agents, and other Department of Homeland Security component personnel. (e) Data collection and evaluation \n(1) Assessment of effectiveness of law enforcement health and wellness programs \nThe Workplace Health and Wellness Coordinator, under the direction of the Chief Medical Officer of the Department— (A) shall develop criteria to assess the effectiveness of law enforcement health and wellness programs carried out by the Department; (B) shall conduct annual confidential surveys of law enforcement agents and officers within Department of Homeland Security components to assist in evaluating the effectiveness of law enforcement health and wellness programs in accordance with the criteria developed pursuant to subparagraph (A); (C) shall ensure that the surveys conducted pursuant to subparagraph (B)— (i) incorporate leading practices in questionnaire and survey design and development; and (ii) establish a baseline and subsequently measure change over time; and (D) may utilize contractor support in carrying out the duties described in subparagraphs (A) through (C). (2) Recommendations \nThe Chief Medical Officer of the Department shall provide recommendations to Department of Homeland Security components based on the evaluation of programs and the results of the surveys conducted pursuant to paragraph (1)(B). (3) Incident reports \nEach Department of Homeland Security component shall report to the Workplace Health and Wellness Coordinator incidents of suicide involving law enforcement officers and agents and any data consistent with data collected under section 2(a) of the Law Enforcement Suicide Data Collection Act ( Public Law 116–143 ). The Workplace Health and Wellness Coordinator shall forward such information to the Law Enforcement Officers Suicide Data Collection Program established pursuant to such section. (4) Confidentiality; limitation \n(A) Confidentiality \nActivities described in paragraph (1) or reporting described under paragraph (3) may not include the publication of any personally identifiable information. (B) Limitation \nPersonally identifiable information collected pursuant to paragraph (1) may not be used for any purpose other than the implementation of this section unless otherwise permitted under applicable law. Any personally identifiable information that is collected, maintained, or used pursuant to this section is subject to applicable public nondisclosure requirements, including sections 552 and 552a of title 5, United States Code. (f) Briefing \nNot later than 180 days after the date of the enactment of the DHS Suicide Prevention and Resiliency for Law Enforcement Act , and annually thereafter through fiscal year 2027, the Chief Medical Officer of the Department shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the implementation of the requirements described in this section.", "id": "id0DD51D00113C4830B59C5E16230D3DD3", "header": "Suicide prevention and resiliency for law enforcement", "nested": [ { "text": "(a) Definitions \n(1) Department of homeland security component \nThe term Department of Homeland Security component means— (A) U.S. Customs and Border Protection; (B) U.S. Immigration and Customs Enforcement; (C) the Office of the Inspector General of the Department of Homeland Security; (D) the United States Coast Guard; (E) the United States Secret Service; (F) the Transportation Security Administration; and (G) any other Department of Homeland Security component or office with law enforcement officers or agents. (2) Program \nThe term Program means the Law Enforcement Mental Health and Wellness Program established pursuant to subsection (b).", "id": "idC71CBBE7199F4CE0B9833836FF4A385A", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Law Enforcement Mental Health and Wellness Program \n(1) Establishment \n(A) In general \nThe Secretary shall establish, within the office overseen by the Chief Medical Officer, the Law Enforcement Mental Health and Wellness Program. (B) Purpose \nThe purpose of the Program shall be to provide a comprehensive approach to address the mental health and wellness of Department of Homeland Security law enforcement agents and officers. (C) Administration \nThe Secretary, working through the Program, shall— (i) establish and maintain policies and standard operating procedures, consistent with best evidence-based practices, that detail the authority, roles, and responsibilities of the Program; (ii) conduct data collection and research on mental health, suicides, and, to the extent possible, attempted suicides, of law enforcement personnel within the Department of Homeland Security, in accordance with section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 ), the Department of Homeland Security’s directives and policies, section 1128E of the Social Security Act ( 42 U.S.C. 1320a–7e ), and section 2(a) of the Law Enforcement Suicide Data Collection Act ( Public Law 116–143 ); (iii) track current trends and leading practices from other governmental and nongovernmental organizations for law enforcement mental health and wellness; (iv) evaluate current mental health and resiliency programs within Department of Homeland Security components; (v) promote education and training related to mental health, resilience, suicide prevention, stigma, and mental health resources to raise mental health awareness and to support others the needs of supervisors, clinicians, care-givers, peer support members, chaplains, and those who have been exposed to trauma; (vi) establish the Peer-to-Peer Support Program Advisory Council, which shall— (I) include at least 1 licensed clinician and at least 1 official with requisite and relevant training and experience in peer support for law enforcement personnel from each Department of Homeland Security component; (II) evaluate component peer support programs; (III) identify and address any potential deficiencies, limitations, and gaps; (IV) provide for sharing of leading practices or best practices, including internationally recognized peer support standards of care protocols; (V) create a peer support network that enables the sharing of trained peer support personnel, chaplains, and other peer-to-peer personnel across Department of Homeland Security components; and (VI) sustain peer support programs through ongoing funding of annual and refresher training and resources for peer support programing in the workplace— (aa) to ensure minimum standards for peer support services; and (bb) to provide appropriate care for peer support personnel across Department of Homeland Security components; (vii) assist Department of Homeland Security components in developing a program to provide suicide prevention and resiliency support and training for— (I) families of law enforcement agents and officers; and (II) surviving families of officers and agents who have died by suicide; (viii) work with law enforcement mental health and wellness program officials of Department of Homeland Security components (which shall include peer support-trained personnel, agency mental health professionals, chaplains, and, for components with employees having an exclusive representative, the exclusive representative with respect to such program) to implement new policies, procedures, and programs that may be necessary based on findings from data collection, research, and evaluation efforts; and (ix) conduct regular outreach and messaging, across Department of Homeland Security components, of available training opportunities and resources. (D) Confidentiality; limitation \n(i) Confidentiality \nActions described in subparagraph (C) may not include the publication of any personally identifiable information. (ii) Limitation \nPersonally identifiable information collected pursuant to subparagraph (C) may not be used for any purpose other than the implementation of this section unless otherwise permitted under applicable law. Any personally identifiable information that is collected, maintained, or used pursuant to this section is subject to applicable public nondisclosure requirements, including sections 552 and 552a of title 5, United States Code. (E) Personnel \n(i) Management \nThe Workplace Health and Wellness Coordinator of the Department, under the direction of the Chief Medical Officer of the Department, shall be responsible for the ongoing management of the Program. (ii) Minimum core personnel requirements \nSubject to appropriations, the Secretary shall ensure that the Program is staffed with the number of employees that the Chief Medical Officer determines to be necessary to carry out the duties described in subparagraph (C), including representatives from each Department of Homeland Security component and the Office of the Chief Privacy Officer. (2) Directive \nNot later than 180 days after the date of the enactment of the DHS Suicide Prevention and Resiliency for Law Enforcement Act , the Chief Medical Officer of the Department shall— (A) issue a directive or policy that outlines the roles and responsibilities of the Program; and (B) distribute such directive or policy among all Department personnel.", "id": "ideadb38367ad143de87354bba930287f9", "header": "Law Enforcement Mental Health and Wellness Program", "nested": [], "links": [ { "text": "29 U.S.C. 791", "legal-doc": "usc", "parsable-cite": "usc/29/791" }, { "text": "42 U.S.C. 1320a–7e", "legal-doc": "usc", "parsable-cite": "usc/42/1320a-7e" }, { "text": "Public Law 116–143", "legal-doc": "public-law", "parsable-cite": "pl/116/143" } ] }, { "text": "(c) Coordination \nThe Chief Medical Officer of the Department shall require the Program to regularly coordinate with the Department of Homeland Security components by assigning at least 1 official from each such component to the Program for the purpose of coordinating with field points of contact who are responsible for carrying out duties within Department mental health and wellness programs.", "id": "id6a35675f9f8a4356b70b2e000b1b2bca", "header": "Coordination", "nested": [], "links": [] }, { "text": "(d) Department of Homeland Security components \nThe Secretary shall require the head of each Department of Homeland Security component to prioritize and improve mental health and wellness programs, which may include other Department of Homeland Security component personnel, that— (1) provide adequate resources for law enforcement mental health, well-being, resilience, and suicide prevention programs and research; (2) promote a culture that reduces the stigma of seeking mental health assistance through regular messaging, training, and raising mental health awareness; (3) offer several avenues of seeking mental health or counseling assistance, both within the Department of Homeland Security component and through private sources that provide for anonymity and include access to external mental health clinicians; (4) review and revise relevant policies of Department of Homeland Security components that inadvertently deter personnel from seeking mental health assistance; (5) ensure that such programs include safeguards against adverse action, including automatic referrals for a fitness for duty examination, by such component with respect to any employee solely because such employee self identifies a need for psychological health counseling or assistance or receives such counseling or assistance; (6) implement policies that require in-person or live and interactive virtual suicide awareness and law enforcement resiliency training for law enforcement officers and agents; (7) make such training available, as appropriate, to other personnel— (A) upon the commencement of their employment with the Department of Homeland Security; (B) on an annual basis during such employment; (C) during such employees’ transition into a supervisory role; and (D) if feasible, shortly before the officer, agent, or other Department of Homeland Security component personnel terminates his or her employment with the Department, if such individual elects to participate; and (8) include prevention and awareness training opportunities and support services for families of officers, agents, and other Department of Homeland Security component personnel.", "id": "id2608f5dcf5904ea3abe026b4ee623b4c", "header": "Department of Homeland Security components", "nested": [], "links": [] }, { "text": "(e) Data collection and evaluation \n(1) Assessment of effectiveness of law enforcement health and wellness programs \nThe Workplace Health and Wellness Coordinator, under the direction of the Chief Medical Officer of the Department— (A) shall develop criteria to assess the effectiveness of law enforcement health and wellness programs carried out by the Department; (B) shall conduct annual confidential surveys of law enforcement agents and officers within Department of Homeland Security components to assist in evaluating the effectiveness of law enforcement health and wellness programs in accordance with the criteria developed pursuant to subparagraph (A); (C) shall ensure that the surveys conducted pursuant to subparagraph (B)— (i) incorporate leading practices in questionnaire and survey design and development; and (ii) establish a baseline and subsequently measure change over time; and (D) may utilize contractor support in carrying out the duties described in subparagraphs (A) through (C). (2) Recommendations \nThe Chief Medical Officer of the Department shall provide recommendations to Department of Homeland Security components based on the evaluation of programs and the results of the surveys conducted pursuant to paragraph (1)(B). (3) Incident reports \nEach Department of Homeland Security component shall report to the Workplace Health and Wellness Coordinator incidents of suicide involving law enforcement officers and agents and any data consistent with data collected under section 2(a) of the Law Enforcement Suicide Data Collection Act ( Public Law 116–143 ). The Workplace Health and Wellness Coordinator shall forward such information to the Law Enforcement Officers Suicide Data Collection Program established pursuant to such section. (4) Confidentiality; limitation \n(A) Confidentiality \nActivities described in paragraph (1) or reporting described under paragraph (3) may not include the publication of any personally identifiable information. (B) Limitation \nPersonally identifiable information collected pursuant to paragraph (1) may not be used for any purpose other than the implementation of this section unless otherwise permitted under applicable law. Any personally identifiable information that is collected, maintained, or used pursuant to this section is subject to applicable public nondisclosure requirements, including sections 552 and 552a of title 5, United States Code.", "id": "id98829eb5d68643cbbbeec77098db972e", "header": "Data collection and evaluation", "nested": [], "links": [ { "text": "Public Law 116–143", "legal-doc": "public-law", "parsable-cite": "pl/116/143" } ] }, { "text": "(f) Briefing \nNot later than 180 days after the date of the enactment of the DHS Suicide Prevention and Resiliency for Law Enforcement Act , and annually thereafter through fiscal year 2027, the Chief Medical Officer of the Department shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the implementation of the requirements described in this section.", "id": "idd4017f4c383a4353b791d82f96031f9f", "header": "Briefing", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 791", "legal-doc": "usc", "parsable-cite": "usc/29/791" }, { "text": "42 U.S.C. 1320a–7e", "legal-doc": "usc", "parsable-cite": "usc/42/1320a-7e" }, { "text": "Public Law 116–143", "legal-doc": "public-law", "parsable-cite": "pl/116/143" }, { "text": "Public Law 116–143", "legal-doc": "public-law", "parsable-cite": "pl/116/143" } ] }, { "text": "1. Short title \nThis Act may be cited as the DHS Suicide Prevention and Resiliency for Law Enforcement Act.", "id": "idf03d56cc-0c7b-49c0-a300-cc62e908586b", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Department of Homeland Security suicide prevention and resiliency for law enforcement \n(a) In general \nTitle VII of the Homeland Security Act of 2002 ( 6 U.S.C. 341 et seq. ) is amended by inserting after section 710 the following: 710A. Suicide prevention and resiliency for law enforcement \n(a) Definitions \n(1) Department of homeland security component \nThe term Department of Homeland Security component means— (A) U.S. Customs and Border Protection; (B) U.S. Immigration and Customs Enforcement; (C) the Office of the Inspector General of the Department of Homeland Security; (D) the United States Coast Guard; (E) the United States Secret Service; (F) the Transportation Security Administration; and (G) any other Department of Homeland Security component or office with law enforcement officers or agents. (2) Program \nThe term Program means the Law Enforcement Mental Health and Wellness Program established pursuant to subsection (b). (b) Law Enforcement Mental Health and Wellness Program \n(1) Establishment \n(A) In general \nThe Secretary shall establish, within the office overseen by the Chief Medical Officer, the Law Enforcement Mental Health and Wellness Program. (B) Purpose \nThe purpose of the Program shall be to provide a comprehensive approach to address the mental health and wellness of Department of Homeland Security law enforcement agents and officers. (C) Administration \nThe Secretary, working through the Program, shall— (i) establish and maintain policies and standard operating procedures, consistent with best evidence-based practices, that detail the authority, roles, and responsibilities of the Program; (ii) conduct data collection and research on mental health, suicides, and, to the extent possible, attempted suicides, of law enforcement personnel within the Department of Homeland Security, in accordance with section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 ), the Department of Homeland Security’s directives and policies, section 1128E of the Social Security Act ( 42 U.S.C. 1320a–7e ), and section 2(a) of the Law Enforcement Suicide Data Collection Act ( Public Law 116–143 ); (iii) track current trends and leading practices from other governmental and nongovernmental organizations for law enforcement mental health and wellness; (iv) evaluate current mental health and resiliency programs within Department of Homeland Security components; (v) promote education and training related to mental health, resilience, suicide prevention, stigma, and mental health resources to raise mental health awareness and to support the needs of supervisors, clinicians, care-givers, peer support members, chaplains, and those who have been exposed to trauma; (vi) establish partnerships with faith-based organizations, community-based organizations, counseling programs, or other social service programs that provide mental health and suicide prevention support services; (vii) establish the Peer-to-Peer Support Program Advisory Council, which shall— (I) include at least 1 licensed clinician and at least 1 official with requisite and relevant training and experience in peer support for law enforcement personnel from each Department of Homeland Security component; (II) evaluate component peer support programs; (III) identify and address any potential deficiencies, limitations, and gaps; (IV) provide for sharing of leading practices or best practices, including internationally recognized peer support standards of care protocols; (V) create a peer support network that enables the sharing of trained peer support personnel, chaplains, and other peer-to-peer personnel across Department of Homeland Security components, and may also include outside agency organizations, such as faith-based organizations, community-based organizations, counseling programs, and other social service programs; and (VI) sustain peer support programs through ongoing funding of annual and refresher training and resources for peer support programing in the workplace— (aa) to ensure minimum standards for peer support services; and (bb) to provide appropriate care for peer support personnel across Department of Homeland Security components; (viii) assist Department of Homeland Security components in developing a program to provide suicide prevention and resiliency support and training for— (I) families of law enforcement agents and officers; and (II) surviving families of officers and agents who have died by suicide; (ix) work with law enforcement mental health and wellness program officials of Department of Homeland Security components (which shall include peer support-trained personnel, agency mental health professionals, chaplains, and, for components with employees having an exclusive representative, the exclusive representative with respect to such program) to implement new policies, procedures, and programs that may be necessary based on findings from data collection, research, and evaluation efforts; and (x) conduct regular outreach and messaging, across Department of Homeland Security components, of available training opportunities and resources. (D) Confidentiality; limitation \n(i) Confidentiality \nActions described in subparagraph (C) may not— (I) include the publication of any personally identifiable information; or (II) compel any employee to provide any information for the purposes of this subsection. (ii) Limitation \nPersonally identifiable information collected pursuant to subparagraph (C) may not be used for any purpose other than the implementation of this section unless otherwise permitted under applicable law. Any personally identifiable information that is collected, maintained, or used pursuant to this section is subject to applicable public nondisclosure requirements, including sections 552 and 552a of title 5, United States Code. (E) Personnel \n(i) Management \nThe Workplace Health and Wellness Coordinator of the Department, under the direction of the Chief Medical Officer of the Department, shall be responsible for the ongoing management of the Program. (ii) Minimum core personnel requirements \nSubject to appropriations, the Secretary shall ensure that the Program is staffed with the number of employees that the Chief Medical Officer determines to be necessary to carry out the duties described in subparagraph (C), including representatives from each Department of Homeland Security component and the Office of the Chief Privacy Officer. (2) Directive \nNot later than 180 days after the date of the enactment of the DHS Suicide Prevention and Resiliency for Law Enforcement Act , the Chief Medical Officer of the Department shall— (A) issue a directive or policy that outlines the roles and responsibilities of the Program; and (B) distribute such directive or policy among all Department personnel. (c) Coordination \nThe Chief Medical Officer of the Department shall require the Program to regularly coordinate with the Department of Homeland Security components by assigning at least 1 official from each such component to the Program for the purpose of coordinating with field points of contact who are responsible for carrying out duties within Department mental health and wellness programs. (d) Department of Homeland Security components \nThe Secretary shall require the head of each Department of Homeland Security component to prioritize and improve mental health and wellness programs, which may include other Department of Homeland Security component personnel, that— (1) provide adequate resources for law enforcement mental health, well-being, resilience, and suicide prevention programs and research; (2) promote a culture that reduces the stigma of seeking mental health assistance through regular messaging, training, and raising mental health awareness; (3) offer several avenues of seeking mental health or counseling assistance, both within the Department of Homeland Security component and through private sources, which may include faith-based organizations, community-based organizations, counseling programs, and other social service programs, that provide for anonymity and include access to external mental health clinicians; (4) review and revise relevant policies of Department of Homeland Security components that inadvertently deter personnel from seeking mental health assistance; (5) ensure that such programs include safeguards against adverse action by such component with respect to any employee solely because such employee self identifies a need for psychological health counseling or assistance or receives such counseling or assistance; (6) ensure that such programs include safeguards regarding automatic referrals for employment-related examinations or inquiries that are based solely on an employee who self identifies a need for psychological health counseling or assistance or receives such counseling or assistance, except that such safeguards shall not prevent a component referral to evaluate an employee’s ability to meet established medical or psychological standards by such component or to evaluate an employee's national security eligibility; (7) implement policies that require in-person or live and interactive virtual suicide awareness and law enforcement resiliency training for law enforcement officers and agents; (8) make such training available, as appropriate, to other personnel— (A) upon the commencement of their employment with the Department of Homeland Security; (B) on an annual basis during such employment; (C) during such employees’ transition into a supervisory role; and (D) if feasible, shortly before the officer, agent, or other Department of Homeland Security component personnel terminates his or her employment with the Department, if such individual elects to participate; and (9) include prevention and awareness training opportunities and support services for families of officers, agents, and other Department of Homeland Security component personnel. (e) Data collection and evaluation \n(1) Assessment of effectiveness of law enforcement health and wellness programs \nThe Workplace Health and Wellness Coordinator, under the direction of the Chief Medical Officer of the Department— (A) shall develop criteria to assess the effectiveness of law enforcement health and wellness programs carried out by the Department; (B) shall conduct annual confidential surveys of law enforcement agents and officers within Department of Homeland Security components to assist in evaluating the effectiveness of law enforcement health and wellness programs in accordance with the criteria developed pursuant to subparagraph (A); (C) shall ensure that the surveys conducted pursuant to subparagraph (B)— (i) incorporate leading practices in questionnaire and survey design and development; and (ii) establish a baseline and subsequently measure change over time; and (D) may utilize contractor support in carrying out the duties described in subparagraphs (A) through (C). (2) Recommendations \nThe Chief Medical Officer of the Department shall provide recommendations to Department of Homeland Security components based on the evaluation of programs and the results of the surveys conducted pursuant to paragraph (1)(B). (3) Incident reports \nEach Department of Homeland Security component shall report to the Workplace Health and Wellness Coordinator incidents of suicide involving law enforcement officers and agents and any data consistent with data collected under section 2(a) of the Law Enforcement Suicide Data Collection Act ( Public Law 116–143 ). The Workplace Health and Wellness Coordinator shall forward such information to the Law Enforcement Officers Suicide Data Collection Program established pursuant to such section. (4) Confidentiality; limitation \n(A) Confidentiality \nActivities described in paragraph (1) or reporting described under paragraph (3) may not include the publication of any personally identifiable information. (B) Limitation \nPersonally identifiable information collected pursuant to paragraph (1) may not be used for any purpose other than the implementation of this section unless otherwise permitted under applicable law. Any personally identifiable information that is collected, maintained, or used pursuant to this section is subject to applicable public nondisclosure requirements, including sections 552 and 552a of title 5, United States Code. (f) Briefing \nNot later than 180 days after the date of the enactment of the DHS Suicide Prevention and Resiliency for Law Enforcement Act , and annually thereafter through fiscal year 2027, the Chief Medical Officer of the Department shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the implementation of the requirements described in this section. (g) Voluntary participation; clarification \nParticipation in any program, survey, or data collection conducted under this section is voluntary. (h) Rule of construction \nNotwithstanding any provision of this section, the Secretary may provide services under the Program to any employee of the Department.. (b) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ) is amended by inserting after the item relating to section 710 the following: Sec. 710A. Suicide prevention and resiliency for law enforcement..", "id": "idb7e9b15a-91a1-424a-97c6-588a1c73dd74", "header": "Department of Homeland Security suicide prevention and resiliency for law enforcement", "nested": [ { "text": "(a) In general \nTitle VII of the Homeland Security Act of 2002 ( 6 U.S.C. 341 et seq. ) is amended by inserting after section 710 the following: 710A. Suicide prevention and resiliency for law enforcement \n(a) Definitions \n(1) Department of homeland security component \nThe term Department of Homeland Security component means— (A) U.S. Customs and Border Protection; (B) U.S. Immigration and Customs Enforcement; (C) the Office of the Inspector General of the Department of Homeland Security; (D) the United States Coast Guard; (E) the United States Secret Service; (F) the Transportation Security Administration; and (G) any other Department of Homeland Security component or office with law enforcement officers or agents. (2) Program \nThe term Program means the Law Enforcement Mental Health and Wellness Program established pursuant to subsection (b). (b) Law Enforcement Mental Health and Wellness Program \n(1) Establishment \n(A) In general \nThe Secretary shall establish, within the office overseen by the Chief Medical Officer, the Law Enforcement Mental Health and Wellness Program. (B) Purpose \nThe purpose of the Program shall be to provide a comprehensive approach to address the mental health and wellness of Department of Homeland Security law enforcement agents and officers. (C) Administration \nThe Secretary, working through the Program, shall— (i) establish and maintain policies and standard operating procedures, consistent with best evidence-based practices, that detail the authority, roles, and responsibilities of the Program; (ii) conduct data collection and research on mental health, suicides, and, to the extent possible, attempted suicides, of law enforcement personnel within the Department of Homeland Security, in accordance with section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 ), the Department of Homeland Security’s directives and policies, section 1128E of the Social Security Act ( 42 U.S.C. 1320a–7e ), and section 2(a) of the Law Enforcement Suicide Data Collection Act ( Public Law 116–143 ); (iii) track current trends and leading practices from other governmental and nongovernmental organizations for law enforcement mental health and wellness; (iv) evaluate current mental health and resiliency programs within Department of Homeland Security components; (v) promote education and training related to mental health, resilience, suicide prevention, stigma, and mental health resources to raise mental health awareness and to support the needs of supervisors, clinicians, care-givers, peer support members, chaplains, and those who have been exposed to trauma; (vi) establish partnerships with faith-based organizations, community-based organizations, counseling programs, or other social service programs that provide mental health and suicide prevention support services; (vii) establish the Peer-to-Peer Support Program Advisory Council, which shall— (I) include at least 1 licensed clinician and at least 1 official with requisite and relevant training and experience in peer support for law enforcement personnel from each Department of Homeland Security component; (II) evaluate component peer support programs; (III) identify and address any potential deficiencies, limitations, and gaps; (IV) provide for sharing of leading practices or best practices, including internationally recognized peer support standards of care protocols; (V) create a peer support network that enables the sharing of trained peer support personnel, chaplains, and other peer-to-peer personnel across Department of Homeland Security components, and may also include outside agency organizations, such as faith-based organizations, community-based organizations, counseling programs, and other social service programs; and (VI) sustain peer support programs through ongoing funding of annual and refresher training and resources for peer support programing in the workplace— (aa) to ensure minimum standards for peer support services; and (bb) to provide appropriate care for peer support personnel across Department of Homeland Security components; (viii) assist Department of Homeland Security components in developing a program to provide suicide prevention and resiliency support and training for— (I) families of law enforcement agents and officers; and (II) surviving families of officers and agents who have died by suicide; (ix) work with law enforcement mental health and wellness program officials of Department of Homeland Security components (which shall include peer support-trained personnel, agency mental health professionals, chaplains, and, for components with employees having an exclusive representative, the exclusive representative with respect to such program) to implement new policies, procedures, and programs that may be necessary based on findings from data collection, research, and evaluation efforts; and (x) conduct regular outreach and messaging, across Department of Homeland Security components, of available training opportunities and resources. (D) Confidentiality; limitation \n(i) Confidentiality \nActions described in subparagraph (C) may not— (I) include the publication of any personally identifiable information; or (II) compel any employee to provide any information for the purposes of this subsection. (ii) Limitation \nPersonally identifiable information collected pursuant to subparagraph (C) may not be used for any purpose other than the implementation of this section unless otherwise permitted under applicable law. Any personally identifiable information that is collected, maintained, or used pursuant to this section is subject to applicable public nondisclosure requirements, including sections 552 and 552a of title 5, United States Code. (E) Personnel \n(i) Management \nThe Workplace Health and Wellness Coordinator of the Department, under the direction of the Chief Medical Officer of the Department, shall be responsible for the ongoing management of the Program. (ii) Minimum core personnel requirements \nSubject to appropriations, the Secretary shall ensure that the Program is staffed with the number of employees that the Chief Medical Officer determines to be necessary to carry out the duties described in subparagraph (C), including representatives from each Department of Homeland Security component and the Office of the Chief Privacy Officer. (2) Directive \nNot later than 180 days after the date of the enactment of the DHS Suicide Prevention and Resiliency for Law Enforcement Act , the Chief Medical Officer of the Department shall— (A) issue a directive or policy that outlines the roles and responsibilities of the Program; and (B) distribute such directive or policy among all Department personnel. (c) Coordination \nThe Chief Medical Officer of the Department shall require the Program to regularly coordinate with the Department of Homeland Security components by assigning at least 1 official from each such component to the Program for the purpose of coordinating with field points of contact who are responsible for carrying out duties within Department mental health and wellness programs. (d) Department of Homeland Security components \nThe Secretary shall require the head of each Department of Homeland Security component to prioritize and improve mental health and wellness programs, which may include other Department of Homeland Security component personnel, that— (1) provide adequate resources for law enforcement mental health, well-being, resilience, and suicide prevention programs and research; (2) promote a culture that reduces the stigma of seeking mental health assistance through regular messaging, training, and raising mental health awareness; (3) offer several avenues of seeking mental health or counseling assistance, both within the Department of Homeland Security component and through private sources, which may include faith-based organizations, community-based organizations, counseling programs, and other social service programs, that provide for anonymity and include access to external mental health clinicians; (4) review and revise relevant policies of Department of Homeland Security components that inadvertently deter personnel from seeking mental health assistance; (5) ensure that such programs include safeguards against adverse action by such component with respect to any employee solely because such employee self identifies a need for psychological health counseling or assistance or receives such counseling or assistance; (6) ensure that such programs include safeguards regarding automatic referrals for employment-related examinations or inquiries that are based solely on an employee who self identifies a need for psychological health counseling or assistance or receives such counseling or assistance, except that such safeguards shall not prevent a component referral to evaluate an employee’s ability to meet established medical or psychological standards by such component or to evaluate an employee's national security eligibility; (7) implement policies that require in-person or live and interactive virtual suicide awareness and law enforcement resiliency training for law enforcement officers and agents; (8) make such training available, as appropriate, to other personnel— (A) upon the commencement of their employment with the Department of Homeland Security; (B) on an annual basis during such employment; (C) during such employees’ transition into a supervisory role; and (D) if feasible, shortly before the officer, agent, or other Department of Homeland Security component personnel terminates his or her employment with the Department, if such individual elects to participate; and (9) include prevention and awareness training opportunities and support services for families of officers, agents, and other Department of Homeland Security component personnel. (e) Data collection and evaluation \n(1) Assessment of effectiveness of law enforcement health and wellness programs \nThe Workplace Health and Wellness Coordinator, under the direction of the Chief Medical Officer of the Department— (A) shall develop criteria to assess the effectiveness of law enforcement health and wellness programs carried out by the Department; (B) shall conduct annual confidential surveys of law enforcement agents and officers within Department of Homeland Security components to assist in evaluating the effectiveness of law enforcement health and wellness programs in accordance with the criteria developed pursuant to subparagraph (A); (C) shall ensure that the surveys conducted pursuant to subparagraph (B)— (i) incorporate leading practices in questionnaire and survey design and development; and (ii) establish a baseline and subsequently measure change over time; and (D) may utilize contractor support in carrying out the duties described in subparagraphs (A) through (C). (2) Recommendations \nThe Chief Medical Officer of the Department shall provide recommendations to Department of Homeland Security components based on the evaluation of programs and the results of the surveys conducted pursuant to paragraph (1)(B). (3) Incident reports \nEach Department of Homeland Security component shall report to the Workplace Health and Wellness Coordinator incidents of suicide involving law enforcement officers and agents and any data consistent with data collected under section 2(a) of the Law Enforcement Suicide Data Collection Act ( Public Law 116–143 ). The Workplace Health and Wellness Coordinator shall forward such information to the Law Enforcement Officers Suicide Data Collection Program established pursuant to such section. (4) Confidentiality; limitation \n(A) Confidentiality \nActivities described in paragraph (1) or reporting described under paragraph (3) may not include the publication of any personally identifiable information. (B) Limitation \nPersonally identifiable information collected pursuant to paragraph (1) may not be used for any purpose other than the implementation of this section unless otherwise permitted under applicable law. Any personally identifiable information that is collected, maintained, or used pursuant to this section is subject to applicable public nondisclosure requirements, including sections 552 and 552a of title 5, United States Code. (f) Briefing \nNot later than 180 days after the date of the enactment of the DHS Suicide Prevention and Resiliency for Law Enforcement Act , and annually thereafter through fiscal year 2027, the Chief Medical Officer of the Department shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the implementation of the requirements described in this section. (g) Voluntary participation; clarification \nParticipation in any program, survey, or data collection conducted under this section is voluntary. (h) Rule of construction \nNotwithstanding any provision of this section, the Secretary may provide services under the Program to any employee of the Department..", "id": "id64296675-97bb-482c-81a7-22496d8a74c3", "header": "In general", "nested": [], "links": [ { "text": "6 U.S.C. 341 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/341" }, { "text": "29 U.S.C. 791", "legal-doc": "usc", "parsable-cite": "usc/29/791" }, { "text": "42 U.S.C. 1320a–7e", "legal-doc": "usc", "parsable-cite": "usc/42/1320a-7e" }, { "text": "Public Law 116–143", "legal-doc": "public-law", "parsable-cite": "pl/116/143" }, { "text": "Public Law 116–143", "legal-doc": "public-law", "parsable-cite": "pl/116/143" } ] }, { "text": "(b) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ) is amended by inserting after the item relating to section 710 the following: Sec. 710A. Suicide prevention and resiliency for law enforcement..", "id": "iddac95292-dbdc-44fb-ae50-4c029bc6c8ac", "header": "Clerical amendment", "nested": [], "links": [ { "text": "Public Law 107–296", "legal-doc": "public-law", "parsable-cite": "pl/107/296" } ] } ], "links": [ { "text": "6 U.S.C. 341 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/341" }, { "text": "29 U.S.C. 791", "legal-doc": "usc", "parsable-cite": "usc/29/791" }, { "text": "42 U.S.C. 1320a–7e", "legal-doc": "usc", "parsable-cite": "usc/42/1320a-7e" }, { "text": "Public Law 116–143", "legal-doc": "public-law", "parsable-cite": "pl/116/143" }, { "text": "Public Law 116–143", "legal-doc": "public-law", "parsable-cite": "pl/116/143" }, { "text": "Public Law 107–296", "legal-doc": "public-law", "parsable-cite": "pl/107/296" } ] }, { "text": "710A. Suicide prevention and resiliency for law enforcement \n(a) Definitions \n(1) Department of homeland security component \nThe term Department of Homeland Security component means— (A) U.S. Customs and Border Protection; (B) U.S. Immigration and Customs Enforcement; (C) the Office of the Inspector General of the Department of Homeland Security; (D) the United States Coast Guard; (E) the United States Secret Service; (F) the Transportation Security Administration; and (G) any other Department of Homeland Security component or office with law enforcement officers or agents. (2) Program \nThe term Program means the Law Enforcement Mental Health and Wellness Program established pursuant to subsection (b). (b) Law Enforcement Mental Health and Wellness Program \n(1) Establishment \n(A) In general \nThe Secretary shall establish, within the office overseen by the Chief Medical Officer, the Law Enforcement Mental Health and Wellness Program. (B) Purpose \nThe purpose of the Program shall be to provide a comprehensive approach to address the mental health and wellness of Department of Homeland Security law enforcement agents and officers. (C) Administration \nThe Secretary, working through the Program, shall— (i) establish and maintain policies and standard operating procedures, consistent with best evidence-based practices, that detail the authority, roles, and responsibilities of the Program; (ii) conduct data collection and research on mental health, suicides, and, to the extent possible, attempted suicides, of law enforcement personnel within the Department of Homeland Security, in accordance with section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 ), the Department of Homeland Security’s directives and policies, section 1128E of the Social Security Act ( 42 U.S.C. 1320a–7e ), and section 2(a) of the Law Enforcement Suicide Data Collection Act ( Public Law 116–143 ); (iii) track current trends and leading practices from other governmental and nongovernmental organizations for law enforcement mental health and wellness; (iv) evaluate current mental health and resiliency programs within Department of Homeland Security components; (v) promote education and training related to mental health, resilience, suicide prevention, stigma, and mental health resources to raise mental health awareness and to support the needs of supervisors, clinicians, care-givers, peer support members, chaplains, and those who have been exposed to trauma; (vi) establish partnerships with faith-based organizations, community-based organizations, counseling programs, or other social service programs that provide mental health and suicide prevention support services; (vii) establish the Peer-to-Peer Support Program Advisory Council, which shall— (I) include at least 1 licensed clinician and at least 1 official with requisite and relevant training and experience in peer support for law enforcement personnel from each Department of Homeland Security component; (II) evaluate component peer support programs; (III) identify and address any potential deficiencies, limitations, and gaps; (IV) provide for sharing of leading practices or best practices, including internationally recognized peer support standards of care protocols; (V) create a peer support network that enables the sharing of trained peer support personnel, chaplains, and other peer-to-peer personnel across Department of Homeland Security components, and may also include outside agency organizations, such as faith-based organizations, community-based organizations, counseling programs, and other social service programs; and (VI) sustain peer support programs through ongoing funding of annual and refresher training and resources for peer support programing in the workplace— (aa) to ensure minimum standards for peer support services; and (bb) to provide appropriate care for peer support personnel across Department of Homeland Security components; (viii) assist Department of Homeland Security components in developing a program to provide suicide prevention and resiliency support and training for— (I) families of law enforcement agents and officers; and (II) surviving families of officers and agents who have died by suicide; (ix) work with law enforcement mental health and wellness program officials of Department of Homeland Security components (which shall include peer support-trained personnel, agency mental health professionals, chaplains, and, for components with employees having an exclusive representative, the exclusive representative with respect to such program) to implement new policies, procedures, and programs that may be necessary based on findings from data collection, research, and evaluation efforts; and (x) conduct regular outreach and messaging, across Department of Homeland Security components, of available training opportunities and resources. (D) Confidentiality; limitation \n(i) Confidentiality \nActions described in subparagraph (C) may not— (I) include the publication of any personally identifiable information; or (II) compel any employee to provide any information for the purposes of this subsection. (ii) Limitation \nPersonally identifiable information collected pursuant to subparagraph (C) may not be used for any purpose other than the implementation of this section unless otherwise permitted under applicable law. Any personally identifiable information that is collected, maintained, or used pursuant to this section is subject to applicable public nondisclosure requirements, including sections 552 and 552a of title 5, United States Code. (E) Personnel \n(i) Management \nThe Workplace Health and Wellness Coordinator of the Department, under the direction of the Chief Medical Officer of the Department, shall be responsible for the ongoing management of the Program. (ii) Minimum core personnel requirements \nSubject to appropriations, the Secretary shall ensure that the Program is staffed with the number of employees that the Chief Medical Officer determines to be necessary to carry out the duties described in subparagraph (C), including representatives from each Department of Homeland Security component and the Office of the Chief Privacy Officer. (2) Directive \nNot later than 180 days after the date of the enactment of the DHS Suicide Prevention and Resiliency for Law Enforcement Act , the Chief Medical Officer of the Department shall— (A) issue a directive or policy that outlines the roles and responsibilities of the Program; and (B) distribute such directive or policy among all Department personnel. (c) Coordination \nThe Chief Medical Officer of the Department shall require the Program to regularly coordinate with the Department of Homeland Security components by assigning at least 1 official from each such component to the Program for the purpose of coordinating with field points of contact who are responsible for carrying out duties within Department mental health and wellness programs. (d) Department of Homeland Security components \nThe Secretary shall require the head of each Department of Homeland Security component to prioritize and improve mental health and wellness programs, which may include other Department of Homeland Security component personnel, that— (1) provide adequate resources for law enforcement mental health, well-being, resilience, and suicide prevention programs and research; (2) promote a culture that reduces the stigma of seeking mental health assistance through regular messaging, training, and raising mental health awareness; (3) offer several avenues of seeking mental health or counseling assistance, both within the Department of Homeland Security component and through private sources, which may include faith-based organizations, community-based organizations, counseling programs, and other social service programs, that provide for anonymity and include access to external mental health clinicians; (4) review and revise relevant policies of Department of Homeland Security components that inadvertently deter personnel from seeking mental health assistance; (5) ensure that such programs include safeguards against adverse action by such component with respect to any employee solely because such employee self identifies a need for psychological health counseling or assistance or receives such counseling or assistance; (6) ensure that such programs include safeguards regarding automatic referrals for employment-related examinations or inquiries that are based solely on an employee who self identifies a need for psychological health counseling or assistance or receives such counseling or assistance, except that such safeguards shall not prevent a component referral to evaluate an employee’s ability to meet established medical or psychological standards by such component or to evaluate an employee's national security eligibility; (7) implement policies that require in-person or live and interactive virtual suicide awareness and law enforcement resiliency training for law enforcement officers and agents; (8) make such training available, as appropriate, to other personnel— (A) upon the commencement of their employment with the Department of Homeland Security; (B) on an annual basis during such employment; (C) during such employees’ transition into a supervisory role; and (D) if feasible, shortly before the officer, agent, or other Department of Homeland Security component personnel terminates his or her employment with the Department, if such individual elects to participate; and (9) include prevention and awareness training opportunities and support services for families of officers, agents, and other Department of Homeland Security component personnel. (e) Data collection and evaluation \n(1) Assessment of effectiveness of law enforcement health and wellness programs \nThe Workplace Health and Wellness Coordinator, under the direction of the Chief Medical Officer of the Department— (A) shall develop criteria to assess the effectiveness of law enforcement health and wellness programs carried out by the Department; (B) shall conduct annual confidential surveys of law enforcement agents and officers within Department of Homeland Security components to assist in evaluating the effectiveness of law enforcement health and wellness programs in accordance with the criteria developed pursuant to subparagraph (A); (C) shall ensure that the surveys conducted pursuant to subparagraph (B)— (i) incorporate leading practices in questionnaire and survey design and development; and (ii) establish a baseline and subsequently measure change over time; and (D) may utilize contractor support in carrying out the duties described in subparagraphs (A) through (C). (2) Recommendations \nThe Chief Medical Officer of the Department shall provide recommendations to Department of Homeland Security components based on the evaluation of programs and the results of the surveys conducted pursuant to paragraph (1)(B). (3) Incident reports \nEach Department of Homeland Security component shall report to the Workplace Health and Wellness Coordinator incidents of suicide involving law enforcement officers and agents and any data consistent with data collected under section 2(a) of the Law Enforcement Suicide Data Collection Act ( Public Law 116–143 ). The Workplace Health and Wellness Coordinator shall forward such information to the Law Enforcement Officers Suicide Data Collection Program established pursuant to such section. (4) Confidentiality; limitation \n(A) Confidentiality \nActivities described in paragraph (1) or reporting described under paragraph (3) may not include the publication of any personally identifiable information. (B) Limitation \nPersonally identifiable information collected pursuant to paragraph (1) may not be used for any purpose other than the implementation of this section unless otherwise permitted under applicable law. Any personally identifiable information that is collected, maintained, or used pursuant to this section is subject to applicable public nondisclosure requirements, including sections 552 and 552a of title 5, United States Code. (f) Briefing \nNot later than 180 days after the date of the enactment of the DHS Suicide Prevention and Resiliency for Law Enforcement Act , and annually thereafter through fiscal year 2027, the Chief Medical Officer of the Department shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the implementation of the requirements described in this section. (g) Voluntary participation; clarification \nParticipation in any program, survey, or data collection conducted under this section is voluntary. (h) Rule of construction \nNotwithstanding any provision of this section, the Secretary may provide services under the Program to any employee of the Department.", "id": "id3e4f021a-0feb-4e2a-ad93-987d6dfeacdf", "header": "Suicide prevention and resiliency for law enforcement", "nested": [ { "text": "(a) Definitions \n(1) Department of homeland security component \nThe term Department of Homeland Security component means— (A) U.S. Customs and Border Protection; (B) U.S. Immigration and Customs Enforcement; (C) the Office of the Inspector General of the Department of Homeland Security; (D) the United States Coast Guard; (E) the United States Secret Service; (F) the Transportation Security Administration; and (G) any other Department of Homeland Security component or office with law enforcement officers or agents. (2) Program \nThe term Program means the Law Enforcement Mental Health and Wellness Program established pursuant to subsection (b).", "id": "ida112b986-b3fd-4daa-9549-b8ffb7a31726", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Law Enforcement Mental Health and Wellness Program \n(1) Establishment \n(A) In general \nThe Secretary shall establish, within the office overseen by the Chief Medical Officer, the Law Enforcement Mental Health and Wellness Program. (B) Purpose \nThe purpose of the Program shall be to provide a comprehensive approach to address the mental health and wellness of Department of Homeland Security law enforcement agents and officers. (C) Administration \nThe Secretary, working through the Program, shall— (i) establish and maintain policies and standard operating procedures, consistent with best evidence-based practices, that detail the authority, roles, and responsibilities of the Program; (ii) conduct data collection and research on mental health, suicides, and, to the extent possible, attempted suicides, of law enforcement personnel within the Department of Homeland Security, in accordance with section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 ), the Department of Homeland Security’s directives and policies, section 1128E of the Social Security Act ( 42 U.S.C. 1320a–7e ), and section 2(a) of the Law Enforcement Suicide Data Collection Act ( Public Law 116–143 ); (iii) track current trends and leading practices from other governmental and nongovernmental organizations for law enforcement mental health and wellness; (iv) evaluate current mental health and resiliency programs within Department of Homeland Security components; (v) promote education and training related to mental health, resilience, suicide prevention, stigma, and mental health resources to raise mental health awareness and to support the needs of supervisors, clinicians, care-givers, peer support members, chaplains, and those who have been exposed to trauma; (vi) establish partnerships with faith-based organizations, community-based organizations, counseling programs, or other social service programs that provide mental health and suicide prevention support services; (vii) establish the Peer-to-Peer Support Program Advisory Council, which shall— (I) include at least 1 licensed clinician and at least 1 official with requisite and relevant training and experience in peer support for law enforcement personnel from each Department of Homeland Security component; (II) evaluate component peer support programs; (III) identify and address any potential deficiencies, limitations, and gaps; (IV) provide for sharing of leading practices or best practices, including internationally recognized peer support standards of care protocols; (V) create a peer support network that enables the sharing of trained peer support personnel, chaplains, and other peer-to-peer personnel across Department of Homeland Security components, and may also include outside agency organizations, such as faith-based organizations, community-based organizations, counseling programs, and other social service programs; and (VI) sustain peer support programs through ongoing funding of annual and refresher training and resources for peer support programing in the workplace— (aa) to ensure minimum standards for peer support services; and (bb) to provide appropriate care for peer support personnel across Department of Homeland Security components; (viii) assist Department of Homeland Security components in developing a program to provide suicide prevention and resiliency support and training for— (I) families of law enforcement agents and officers; and (II) surviving families of officers and agents who have died by suicide; (ix) work with law enforcement mental health and wellness program officials of Department of Homeland Security components (which shall include peer support-trained personnel, agency mental health professionals, chaplains, and, for components with employees having an exclusive representative, the exclusive representative with respect to such program) to implement new policies, procedures, and programs that may be necessary based on findings from data collection, research, and evaluation efforts; and (x) conduct regular outreach and messaging, across Department of Homeland Security components, of available training opportunities and resources. (D) Confidentiality; limitation \n(i) Confidentiality \nActions described in subparagraph (C) may not— (I) include the publication of any personally identifiable information; or (II) compel any employee to provide any information for the purposes of this subsection. (ii) Limitation \nPersonally identifiable information collected pursuant to subparagraph (C) may not be used for any purpose other than the implementation of this section unless otherwise permitted under applicable law. Any personally identifiable information that is collected, maintained, or used pursuant to this section is subject to applicable public nondisclosure requirements, including sections 552 and 552a of title 5, United States Code. (E) Personnel \n(i) Management \nThe Workplace Health and Wellness Coordinator of the Department, under the direction of the Chief Medical Officer of the Department, shall be responsible for the ongoing management of the Program. (ii) Minimum core personnel requirements \nSubject to appropriations, the Secretary shall ensure that the Program is staffed with the number of employees that the Chief Medical Officer determines to be necessary to carry out the duties described in subparagraph (C), including representatives from each Department of Homeland Security component and the Office of the Chief Privacy Officer. (2) Directive \nNot later than 180 days after the date of the enactment of the DHS Suicide Prevention and Resiliency for Law Enforcement Act , the Chief Medical Officer of the Department shall— (A) issue a directive or policy that outlines the roles and responsibilities of the Program; and (B) distribute such directive or policy among all Department personnel.", "id": "id10ccf0f2-7bdf-4490-b6ca-0dab7cb2e3f7", "header": "Law Enforcement Mental Health and Wellness Program", "nested": [], "links": [ { "text": "29 U.S.C. 791", "legal-doc": "usc", "parsable-cite": "usc/29/791" }, { "text": "42 U.S.C. 1320a–7e", "legal-doc": "usc", "parsable-cite": "usc/42/1320a-7e" }, { "text": "Public Law 116–143", "legal-doc": "public-law", "parsable-cite": "pl/116/143" } ] }, { "text": "(c) Coordination \nThe Chief Medical Officer of the Department shall require the Program to regularly coordinate with the Department of Homeland Security components by assigning at least 1 official from each such component to the Program for the purpose of coordinating with field points of contact who are responsible for carrying out duties within Department mental health and wellness programs.", "id": "idef1367aa-bbb9-4ba0-b2b5-9b497eef857f", "header": "Coordination", "nested": [], "links": [] }, { "text": "(d) Department of Homeland Security components \nThe Secretary shall require the head of each Department of Homeland Security component to prioritize and improve mental health and wellness programs, which may include other Department of Homeland Security component personnel, that— (1) provide adequate resources for law enforcement mental health, well-being, resilience, and suicide prevention programs and research; (2) promote a culture that reduces the stigma of seeking mental health assistance through regular messaging, training, and raising mental health awareness; (3) offer several avenues of seeking mental health or counseling assistance, both within the Department of Homeland Security component and through private sources, which may include faith-based organizations, community-based organizations, counseling programs, and other social service programs, that provide for anonymity and include access to external mental health clinicians; (4) review and revise relevant policies of Department of Homeland Security components that inadvertently deter personnel from seeking mental health assistance; (5) ensure that such programs include safeguards against adverse action by such component with respect to any employee solely because such employee self identifies a need for psychological health counseling or assistance or receives such counseling or assistance; (6) ensure that such programs include safeguards regarding automatic referrals for employment-related examinations or inquiries that are based solely on an employee who self identifies a need for psychological health counseling or assistance or receives such counseling or assistance, except that such safeguards shall not prevent a component referral to evaluate an employee’s ability to meet established medical or psychological standards by such component or to evaluate an employee's national security eligibility; (7) implement policies that require in-person or live and interactive virtual suicide awareness and law enforcement resiliency training for law enforcement officers and agents; (8) make such training available, as appropriate, to other personnel— (A) upon the commencement of their employment with the Department of Homeland Security; (B) on an annual basis during such employment; (C) during such employees’ transition into a supervisory role; and (D) if feasible, shortly before the officer, agent, or other Department of Homeland Security component personnel terminates his or her employment with the Department, if such individual elects to participate; and (9) include prevention and awareness training opportunities and support services for families of officers, agents, and other Department of Homeland Security component personnel.", "id": "id78545277-447f-418b-a9a6-08aaf0516eb6", "header": "Department of Homeland Security components", "nested": [], "links": [] }, { "text": "(e) Data collection and evaluation \n(1) Assessment of effectiveness of law enforcement health and wellness programs \nThe Workplace Health and Wellness Coordinator, under the direction of the Chief Medical Officer of the Department— (A) shall develop criteria to assess the effectiveness of law enforcement health and wellness programs carried out by the Department; (B) shall conduct annual confidential surveys of law enforcement agents and officers within Department of Homeland Security components to assist in evaluating the effectiveness of law enforcement health and wellness programs in accordance with the criteria developed pursuant to subparagraph (A); (C) shall ensure that the surveys conducted pursuant to subparagraph (B)— (i) incorporate leading practices in questionnaire and survey design and development; and (ii) establish a baseline and subsequently measure change over time; and (D) may utilize contractor support in carrying out the duties described in subparagraphs (A) through (C). (2) Recommendations \nThe Chief Medical Officer of the Department shall provide recommendations to Department of Homeland Security components based on the evaluation of programs and the results of the surveys conducted pursuant to paragraph (1)(B). (3) Incident reports \nEach Department of Homeland Security component shall report to the Workplace Health and Wellness Coordinator incidents of suicide involving law enforcement officers and agents and any data consistent with data collected under section 2(a) of the Law Enforcement Suicide Data Collection Act ( Public Law 116–143 ). The Workplace Health and Wellness Coordinator shall forward such information to the Law Enforcement Officers Suicide Data Collection Program established pursuant to such section. (4) Confidentiality; limitation \n(A) Confidentiality \nActivities described in paragraph (1) or reporting described under paragraph (3) may not include the publication of any personally identifiable information. (B) Limitation \nPersonally identifiable information collected pursuant to paragraph (1) may not be used for any purpose other than the implementation of this section unless otherwise permitted under applicable law. Any personally identifiable information that is collected, maintained, or used pursuant to this section is subject to applicable public nondisclosure requirements, including sections 552 and 552a of title 5, United States Code.", "id": "id0ff8cf71-a909-4607-8245-d1d0a1c71516", "header": "Data collection and evaluation", "nested": [], "links": [ { "text": "Public Law 116–143", "legal-doc": "public-law", "parsable-cite": "pl/116/143" } ] }, { "text": "(f) Briefing \nNot later than 180 days after the date of the enactment of the DHS Suicide Prevention and Resiliency for Law Enforcement Act , and annually thereafter through fiscal year 2027, the Chief Medical Officer of the Department shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the implementation of the requirements described in this section.", "id": "idb84b8fd4-86c9-436b-830b-af63f2f0e29f", "header": "Briefing", "nested": [], "links": [] }, { "text": "(g) Voluntary participation; clarification \nParticipation in any program, survey, or data collection conducted under this section is voluntary.", "id": "id0098cb2d846243d792219c7bb31ec1f5", "header": "Voluntary participation; clarification", "nested": [], "links": [] }, { "text": "(h) Rule of construction \nNotwithstanding any provision of this section, the Secretary may provide services under the Program to any employee of the Department.", "id": "idea9530cfffe84cb89c27513235358842", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 791", "legal-doc": "usc", "parsable-cite": "usc/29/791" }, { "text": "42 U.S.C. 1320a–7e", "legal-doc": "usc", "parsable-cite": "usc/42/1320a-7e" }, { "text": "Public Law 116–143", "legal-doc": "public-law", "parsable-cite": "pl/116/143" }, { "text": "Public Law 116–143", "legal-doc": "public-law", "parsable-cite": "pl/116/143" } ] } ]

[ "Administrative law and regulatory procedures", "Advisory bodies", "Congressional oversight", "Department of Homeland Security", "Government employee pay, benefits, personnel management", "Government information and archives", "Health information and medical records", "Health promotion and preventive care", "Law enforcement officers", "Mental health", "Performance measurement" ]

[ { "text": "1. Short title \nThis Act may be cited as the Smoke Exposure Crop Insurance Act of 2023.", "id": "H60ADC3C8DED149E69A3EAFDA00F78EDD", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Policy to insure wine grapes against losses due to smoke exposure \nSection 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) ) is amended by adding at the end the following: (20) Wine grapes \n(A) In general \nNot later than 1 year after the date of enactment of this paragraph, the Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, regarding a policy to insure wine grapes (including wine grapes produced in the States of California, Oregon, and Washington) against losses due to wildfire smoke exposure. (B) Availability of policy \nNotwithstanding the second sentence of section 508(a)(1), and section 508(a)(2), not later than 18 months after the date of enactment of this paragraph, the Corporation shall make available a policy described in subparagraph (A) if the requirements of section 508(h) are met with respect to that policy. (C) Report \nNot later than 2 years after the date of enactment of this paragraph, the Corporation shall submit to the Committees on Appropriations and Agriculture of the House of Representatives and the Committees on Appropriations and Agriculture, Nutrition, and Forestry of the Senate a report that includes— (i) the results of the research carried out under subparagraph (A); (ii) a description of the policy made available under subparagraph (B); and (iii) an evaluation of the feasibility of a policy that allows producers to claim an indemnity through post-harvest, post-vinification testing, if such testing demonstrates smoke damage that was not detectable prior to harvest..", "id": "iddb972632c49343719c172eaf9636868b", "header": "Policy to insure wine grapes against losses due to smoke exposure", "nested": [], "links": [ { "text": "7 U.S.C. 1522(c)", "legal-doc": "usc", "parsable-cite": "usc/7/1522" } ] } ]

[ "Agricultural conservation and pollution", "Agricultural insurance", "Agricultural research", "Alcoholic beverages", "California", "Fires", "Fruit and vegetables", "Oregon", "Public contracts and procurement", "Research and development" ]

[ { "text": "1. Virginia Smith Federal Building \n(a) Designation \nThe Federal building located at 300 E. 3rd Street in North Platte, Nebraska, shall be known and designated as the Virginia Smith Federal Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in subsection (a) shall be deemed to be a reference to the Virginia Smith Federal Building.", "id": "S1", "header": "Virginia Smith Federal Building", "nested": [ { "text": "(a) Designation \nThe Federal building located at 300 E. 3rd Street in North Platte, Nebraska, shall be known and designated as the Virginia Smith Federal Building.", "id": "idb59c05b5c3c04e1fb3d6eea9cfb05154", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in subsection (a) shall be deemed to be a reference to the Virginia Smith Federal Building.", "id": "id5f3917ea7aa8447ba9d0aa115a5bf731", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Congressional tributes", "Government buildings, facilities, and property", "House of Representatives", "Members of Congress", "Nebraska", "Postal service" ]

[ { "text": "1. Short title \nThis Act may be cited as the Stop Significant and Time-wasting Abuse Limiting Legitimate Innovation of New Generics Act or the Stop STALLING Act.", "id": "id27a0627c-9727-45d9-9798-5f29ff6de8a4", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Federal Trade Commission enforcement against sham petitions \n(a) Definitions \nIn this section: (1) Commission \nThe term Commission means the Federal Trade Commission. (2) Covered application \nThe term covered application means an application filed pursuant to subsection (b)(2) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ). (3) Covered petition \nThe term covered petition means a petition, or a supplement to a petition, filed under section 505(q) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(q) ). (4) Person \nThe term person — (A) means an individual or entity; and (B) includes— (i) a successor and an assign of an entity; (ii) a joint venture, subsidiary, partnership, division, group, and affiliate controlled by an entity; and (iii) a successor and an assign of a joint venture, subsidiary, partnership, division, group, and affiliate controlled by an entity. (5) Series of covered petitions \nThe term series of covered petitions means any group of more than 1 covered petition relating to the same covered application. (6) Sham \nThe term sham means a covered petition that is objectively baseless and that attempts to use a governmental process, as opposed to the outcome of that process, to interfere with the business of a competitor, or a series of covered petitions that attempts to use a governmental process, as opposed to the outcome of that process, to interfere with the business of a competitor. (b) Violation \nA person submitting or causing the submission of a covered petition or a series of covered petitions that is a sham shall be liable for engaging in an unfair method of competition under section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ). (c) Civil action \n(1) In general \nIf the Commission has reason to believe that the submission of a covered petition or a series of covered petitions constitutes a violation of section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ), the Commission may commence a civil action to recover a civil penalty and seek other appropriate relief in a district court of the United States against any person that submitted or caused to be submitted such covered petition or such series of covered petitions, including successors or assigns. (2) Presumption \nIn a civil action under paragraph (1), a covered petition shall be presumed to be part of a series of covered petitions that is a sham under subsection (b) of this section if— (A) the Secretary of Health and Human Services— (i) has determined that the covered petition was submitted with the primary purpose of delaying the approval of a covered application; and (ii) has referred such determination to the Commission in writing, including a reasoned basis for the determination; and (B) the covered petition was part of a series of covered petitions. (3) Exception \nThe presumption in paragraph (2) shall not apply if the defendant establishes, by a preponderance of the evidence, that the series of covered petitions that includes the covered petition referred to the Commission by the Secretary of Health and Human Services is not a sham. (4) Civil penalty \nIn an action under paragraph (1), any person that has been found liable for a violation of section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ) shall be subject to a civil penalty for each violation of not more than the greater of— (A) any revenue earned from the sale by such person of any drug product, referenced in a covered application that was the subject of a covered petition or a series of covered petitions that is a sham, during the period in which the covered petition or series of covered petitions was under review by the Secretary of Health and Human Services; or (B) $50,000 for each calendar day that each covered petition that is a sham or that was part of a series of covered petitions that is a sham was under review by the Secretary of Health and Human Services. (5) 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 ), and of section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent that it applies to unfair methods of competition. (6) Rule of construction \nThe civil penalty provided in this subsection is in addition to, and not in lieu of, any other remedies provided by Federal law, including under section 16 of the Clayton Act ( 15 U.S.C. 26 ) or under section 13(b) of the Federal Trade Commission Act ( 15 U.S.C. 53(b) ). Nothing in this paragraph shall be construed to affect any authority of the Commission under any other provision of law. (d) Applicability \nThis section shall apply to any covered petition submitted on or after the date of enactment of this Act.", "id": "idcd4b64cf-db15-4664-bed8-f401abdef480", "header": "Federal Trade Commission enforcement against sham petitions", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Commission \nThe term Commission means the Federal Trade Commission. (2) Covered application \nThe term covered application means an application filed pursuant to subsection (b)(2) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ). (3) Covered petition \nThe term covered petition means a petition, or a supplement to a petition, filed under section 505(q) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(q) ). (4) Person \nThe term person — (A) means an individual or entity; and (B) includes— (i) a successor and an assign of an entity; (ii) a joint venture, subsidiary, partnership, division, group, and affiliate controlled by an entity; and (iii) a successor and an assign of a joint venture, subsidiary, partnership, division, group, and affiliate controlled by an entity. (5) Series of covered petitions \nThe term series of covered petitions means any group of more than 1 covered petition relating to the same covered application. (6) Sham \nThe term sham means a covered petition that is objectively baseless and that attempts to use a governmental process, as opposed to the outcome of that process, to interfere with the business of a competitor, or a series of covered petitions that attempts to use a governmental process, as opposed to the outcome of that process, to interfere with the business of a competitor.", "id": "id0b1e46ed-e6fd-4d20-a55f-172a9e3c90b6", "header": "Definitions", "nested": [], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262(k)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "21 U.S.C. 355(q)", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] }, { "text": "(b) Violation \nA person submitting or causing the submission of a covered petition or a series of covered petitions that is a sham shall be liable for engaging in an unfair method of competition under section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ).", "id": "idecf2e257-d639-4ab0-885b-b12d6e2846e7", "header": "Violation", "nested": [], "links": [ { "text": "15 U.S.C. 45(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "(c) Civil action \n(1) In general \nIf the Commission has reason to believe that the submission of a covered petition or a series of covered petitions constitutes a violation of section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ), the Commission may commence a civil action to recover a civil penalty and seek other appropriate relief in a district court of the United States against any person that submitted or caused to be submitted such covered petition or such series of covered petitions, including successors or assigns. (2) Presumption \nIn a civil action under paragraph (1), a covered petition shall be presumed to be part of a series of covered petitions that is a sham under subsection (b) of this section if— (A) the Secretary of Health and Human Services— (i) has determined that the covered petition was submitted with the primary purpose of delaying the approval of a covered application; and (ii) has referred such determination to the Commission in writing, including a reasoned basis for the determination; and (B) the covered petition was part of a series of covered petitions. (3) Exception \nThe presumption in paragraph (2) shall not apply if the defendant establishes, by a preponderance of the evidence, that the series of covered petitions that includes the covered petition referred to the Commission by the Secretary of Health and Human Services is not a sham. (4) Civil penalty \nIn an action under paragraph (1), any person that has been found liable for a violation of section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ) shall be subject to a civil penalty for each violation of not more than the greater of— (A) any revenue earned from the sale by such person of any drug product, referenced in a covered application that was the subject of a covered petition or a series of covered petitions that is a sham, during the period in which the covered petition or series of covered petitions was under review by the Secretary of Health and Human Services; or (B) $50,000 for each calendar day that each covered petition that is a sham or that was part of a series of covered petitions that is a sham was under review by the Secretary of Health and Human Services. (5) 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 ), and of section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent that it applies to unfair methods of competition. (6) Rule of construction \nThe civil penalty provided in this subsection is in addition to, and not in lieu of, any other remedies provided by Federal law, including under section 16 of the Clayton Act ( 15 U.S.C. 26 ) or under section 13(b) of the Federal Trade Commission Act ( 15 U.S.C. 53(b) ). Nothing in this paragraph shall be construed to affect any authority of the Commission under any other provision of law.", "id": "idca797163-ce85-4f6b-b930-9b10ee512782", "header": "Civil action", "nested": [], "links": [ { "text": "15 U.S.C. 45(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "15 U.S.C. 45(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "15 U.S.C. 12", "legal-doc": "usc", "parsable-cite": "usc/15/12" }, { "text": "15 U.S.C. 45", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "15 U.S.C. 26", "legal-doc": "usc", "parsable-cite": "usc/15/26" }, { "text": "15 U.S.C. 53(b)", "legal-doc": "usc", "parsable-cite": "usc/15/53" } ] }, { "text": "(d) Applicability \nThis section shall apply to any covered petition submitted on or after the date of enactment of this Act.", "id": "id1bde8c1b-d48c-45de-9325-207ce9cba3bc", "header": "Applicability", "nested": [], "links": [] } ], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262(k)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "21 U.S.C. 355(q)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "15 U.S.C. 45(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "15 U.S.C. 45(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "15 U.S.C. 45(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "15 U.S.C. 12", "legal-doc": "usc", "parsable-cite": "usc/15/12" }, { "text": "15 U.S.C. 45", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "15 U.S.C. 26", "legal-doc": "usc", "parsable-cite": "usc/15/26" }, { "text": "15 U.S.C. 53(b)", "legal-doc": "usc", "parsable-cite": "usc/15/53" } ] }, { "text": "3. Severability \nIf any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provisions of such Act to any person or circumstance shall not be affected.", "id": "id9a7b4245-2881-4d7a-b33b-49d1fdc1e042", "header": "Severability", "nested": [], "links": [] }, { "text": "1. Short title \nThis Act may be cited as the Stop Significant and Time-wasting Abuse Limiting Legitimate Innovation of New Generics Act or the Stop STALLING Act.", "id": "idb2d106ed-3d6d-4287-8953-4e99c8478ea7", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Federal Trade Commission enforcement against sham petitions \n(a) Definitions \nIn this section: (1) Commission \nThe term Commission means the Federal Trade Commission. (2) Covered application \nThe term covered application means an application filed pursuant to subsection (b)(2) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ). (3) Covered petition \nThe term covered petition means a petition, or a supplement to a petition, filed under section 505(q) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(q) ). (4) Person \nThe term person — (A) means an individual or entity; and (B) includes— (i) a successor or an assign of an entity; (ii) a joint venture, subsidiary, partnership, division, group, or affiliate controlled by an entity; and (iii) a successor or an assign of a joint venture, subsidiary, partnership, division, group, or affiliate controlled by an entity. (5) Series of covered petitions \nThe term series of covered petitions means any group of more than 1 covered petition relating to the same covered application. (6) Sham \nThe term sham means— (A) a covered petition that— (i) is objectively baseless; and (ii) attempts to use a governmental process, as opposed to the outcome of that process, to interfere with the business of a competitor; or (B) a series of covered petitions that attempts to use a governmental process, as opposed to the outcome of that process, to interfere with the business of a competitor. (b) Violation \nA person submitting or causing the submission of a covered petition or a series of covered petitions that is a sham shall be liable for engaging in an unfair method of competition under section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ). (c) Civil action \n(1) In general \nIf the Commission has reason to believe that the submission of a covered petition or a series of covered petitions constitutes a violation of section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ), the Commission may commence a civil action to recover a civil penalty and seek other appropriate relief in a district court of the United States against any person that submitted or caused to be submitted such covered petition or such series of covered petitions. (2) Presumption \nIn a civil action under paragraph (1), a covered petition shall be presumed to be part of a series of covered petitions that is a sham under subsection (b) of this section if— (A) the Secretary of Health and Human Services— (i) has determined that the covered petition was submitted with the primary purpose of delaying the approval of a covered application; and (ii) has referred such determination to the Commission in writing, including a reasoned basis for the determination; and (B) the covered petition was part of a series of covered petitions. (3) Exception \nThe presumption in paragraph (2) shall not apply if the defendant establishes, by a preponderance of the evidence, that the series of covered petitions that includes the covered petition referred to the Commission by the Secretary of Health and Human Services is not a sham. (4) Civil penalty \nIn an action under paragraph (1), any person that has been found liable for a violation of section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ) shall be subject to a civil penalty for each violation of not more than the greater of— (A) any revenue earned from the sale by such person of any drug product, referenced in a covered application that was the subject of a covered petition or a series of covered petitions that is a sham, during the period during which the covered petition or series of covered petitions was under review by the Secretary of Health and Human Services; or (B) $50,000 for each calendar day that each covered petition that is a sham or that was part of a series of covered petitions that is a sham was under review by the Secretary of Health and Human Services. (5) Review of referral \nNo referral by the Secretary of Health and Human Services under paragraph (2)(A) shall be subject to judicial review, except as a third-party claim asserted by the defendant under section 706(2)(A) of title 5, United States Code, against the Secretary of Health and Human Services or the Department of Health and Human Services, as part of a civil action commenced under paragraph (1). (6) 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 ), and of section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent that it applies to unfair methods of competition. (7) Rule of construction \nThe civil penalty provided in this subsection is in addition to, and not in lieu of, any other remedies provided by Federal law, including under section 16 of the Clayton Act ( 15 U.S.C. 26 ) or under section 13(b) of the Federal Trade Commission Act ( 15 U.S.C. 53(b) ). (d) Applicability \nThis section shall apply to any covered petition submitted on or after the date of enactment of this Act. (e) Rule of construction \nNothing in this Act shall be construed to limit any authority of the Commission under any other provision of law.", "id": "idae75ed91-10d0-4f13-aff8-89121091324e", "header": "Federal Trade Commission enforcement against sham petitions", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Commission \nThe term Commission means the Federal Trade Commission. (2) Covered application \nThe term covered application means an application filed pursuant to subsection (b)(2) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ). (3) Covered petition \nThe term covered petition means a petition, or a supplement to a petition, filed under section 505(q) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(q) ). (4) Person \nThe term person — (A) means an individual or entity; and (B) includes— (i) a successor or an assign of an entity; (ii) a joint venture, subsidiary, partnership, division, group, or affiliate controlled by an entity; and (iii) a successor or an assign of a joint venture, subsidiary, partnership, division, group, or affiliate controlled by an entity. (5) Series of covered petitions \nThe term series of covered petitions means any group of more than 1 covered petition relating to the same covered application. (6) Sham \nThe term sham means— (A) a covered petition that— (i) is objectively baseless; and (ii) attempts to use a governmental process, as opposed to the outcome of that process, to interfere with the business of a competitor; or (B) a series of covered petitions that attempts to use a governmental process, as opposed to the outcome of that process, to interfere with the business of a competitor.", "id": "id7ce6a82b-ef70-44fe-910a-f8e8d219a08f", "header": "Definitions", "nested": [], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262(k)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "21 U.S.C. 355(q)", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] }, { "text": "(b) Violation \nA person submitting or causing the submission of a covered petition or a series of covered petitions that is a sham shall be liable for engaging in an unfair method of competition under section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ).", "id": "idb8cb599b-cbdd-4c76-a851-6d3894047197", "header": "Violation", "nested": [], "links": [ { "text": "15 U.S.C. 45(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "(c) Civil action \n(1) In general \nIf the Commission has reason to believe that the submission of a covered petition or a series of covered petitions constitutes a violation of section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ), the Commission may commence a civil action to recover a civil penalty and seek other appropriate relief in a district court of the United States against any person that submitted or caused to be submitted such covered petition or such series of covered petitions. (2) Presumption \nIn a civil action under paragraph (1), a covered petition shall be presumed to be part of a series of covered petitions that is a sham under subsection (b) of this section if— (A) the Secretary of Health and Human Services— (i) has determined that the covered petition was submitted with the primary purpose of delaying the approval of a covered application; and (ii) has referred such determination to the Commission in writing, including a reasoned basis for the determination; and (B) the covered petition was part of a series of covered petitions. (3) Exception \nThe presumption in paragraph (2) shall not apply if the defendant establishes, by a preponderance of the evidence, that the series of covered petitions that includes the covered petition referred to the Commission by the Secretary of Health and Human Services is not a sham. (4) Civil penalty \nIn an action under paragraph (1), any person that has been found liable for a violation of section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ) shall be subject to a civil penalty for each violation of not more than the greater of— (A) any revenue earned from the sale by such person of any drug product, referenced in a covered application that was the subject of a covered petition or a series of covered petitions that is a sham, during the period during which the covered petition or series of covered petitions was under review by the Secretary of Health and Human Services; or (B) $50,000 for each calendar day that each covered petition that is a sham or that was part of a series of covered petitions that is a sham was under review by the Secretary of Health and Human Services. (5) Review of referral \nNo referral by the Secretary of Health and Human Services under paragraph (2)(A) shall be subject to judicial review, except as a third-party claim asserted by the defendant under section 706(2)(A) of title 5, United States Code, against the Secretary of Health and Human Services or the Department of Health and Human Services, as part of a civil action commenced under paragraph (1). (6) 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 ), and of section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent that it applies to unfair methods of competition. (7) Rule of construction \nThe civil penalty provided in this subsection is in addition to, and not in lieu of, any other remedies provided by Federal law, including under section 16 of the Clayton Act ( 15 U.S.C. 26 ) or under section 13(b) of the Federal Trade Commission Act ( 15 U.S.C. 53(b) ).", "id": "ide0b3511e-43e8-4d4f-b8f5-eec82d145148", "header": "Civil action", "nested": [], "links": [ { "text": "15 U.S.C. 45(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "15 U.S.C. 45(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "15 U.S.C. 12", "legal-doc": "usc", "parsable-cite": "usc/15/12" }, { "text": "15 U.S.C. 45", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "15 U.S.C. 26", "legal-doc": "usc", "parsable-cite": "usc/15/26" }, { "text": "15 U.S.C. 53(b)", "legal-doc": "usc", "parsable-cite": "usc/15/53" } ] }, { "text": "(d) Applicability \nThis section shall apply to any covered petition submitted on or after the date of enactment of this Act.", "id": "id0539596b-0134-4bea-87ba-fb1feb316a04", "header": "Applicability", "nested": [], "links": [] }, { "text": "(e) Rule of construction \nNothing in this Act shall be construed to limit any authority of the Commission under any other provision of law.", "id": "id1C26F4E9265947EA994CA43917ABFD62", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262(k)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "21 U.S.C. 355(q)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "15 U.S.C. 45(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "15 U.S.C. 45(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "15 U.S.C. 45(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "15 U.S.C. 12", "legal-doc": "usc", "parsable-cite": "usc/15/12" }, { "text": "15 U.S.C. 45", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "15 U.S.C. 26", "legal-doc": "usc", "parsable-cite": "usc/15/26" }, { "text": "15 U.S.C. 53(b)", "legal-doc": "usc", "parsable-cite": "usc/15/53" } ] }, { "text": "3. Severability \nIf any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provisions of such Act to any person or circumstance shall not be affected.", "id": "id684e103e-f983-4c97-a0be-09f799f82ff3", "header": "Severability", "nested": [], "links": [] } ]

[ "Administrative remedies", "Business ethics", "Civil actions and liability", "Competition and antitrust", "Department of Health and Human Services", "Drug safety, medical device, and laboratory regulation", "Food and Drug Administration (FDA)", "Licensing and registrations", "Prescription drugs", "Public participation and lobbying" ]

[ { "text": "1. Short title \nThis Act may be cited as the Right to Contraception Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Contraception \nThe term contraception means an action taken to prevent pregnancy, including the use of contraceptives or fertility-awareness-based methods and sterilization procedures. (2) Contraceptive \nThe term contraceptive means any drug, device, or biological product intended for use in the prevention of pregnancy, whether specifically intended to prevent pregnancy or for other health needs, that is approved, cleared, authorized, or licensed under section 505, 510(k), 513(f)(2), 515, or 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 , 360(k), 360c(f)(2), 360e, 360bbb–3) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ). (3) Government \nThe term government includes each branch, department, agency, instrumentality, and official of the United States or a State. (4) Health care provider \nThe term health care provider means any entity or individual (including any physician, certified nurse-midwife, nurse, nurse practitioner, physician assistant, and pharmacist) that is licensed or otherwise authorized by a State to provide health care services. (5) State \nThe term State includes each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, each territory and possession of the United States, and each Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )), and any political subdivision of any of the foregoing, including any unit of local government, such as a county, city, town, village, or other general purpose political subdivision of a State.", "id": "id0c657d43c2084aa88325dc5c54ee77c2", "header": "Definitions", "nested": [], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] }, { "text": "3. Findings \nCongress finds the following: (1) The right to contraception is a fundamental right, central to an individual’s privacy, health, well-being, dignity, liberty, equality, and ability to participate in the social and economic life of the Nation. (2) The Supreme Court has repeatedly recognized the constitutional right to contraception. (3) In Griswold v. Connecticut (381 U.S. 479 (1965)), the Supreme Court first recognized the constitutional right for married people to use contraceptives. (4) In Eisenstadt v. Baird (405 U.S. 438 (1972)), the Supreme Court confirmed the constitutional right of all people to legally access contraceptives regardless of marital status. (5) In Carey v. Population Services International (431 U.S. 678 (1977)), the Supreme Court affirmed the constitutional right to contraceptives for minors. (6) The right to contraception has been repeatedly recognized internationally as a human right. The United Nations Population Fund has published several reports outlining family planning as a basic human right that advances women’s health, economic empowerment, and equality. (7) Access to contraceptives is internationally recognized by the World Health Organization as advancing other human rights such as the right to life, liberty, expression, health, work, and education. (8) Contraception is safe, essential health care, and access to contraceptive products and services is central to people’s ability to participate equally in economic and social life in the United States and globally. Contraception allows people to make decisions about their families and their lives. (9) Contraception is key to sexual and reproductive health. Contraception is critical to preventing unintended pregnancy, and many contraceptives are highly effective in preventing and treating a wide array of medical conditions and decrease the risk of certain cancers. (10) Contraception has been associated with improved health outcomes for women, their families, and their communities and reduces rates of maternal and infant mortality and morbidity. (11) The United States has a long history of reproductive coercion, including the childbearing forced upon enslaved women, as well as the forced sterilization of Black women, Puerto Rican women, indigenous women, immigrant women, and disabled women, and reproductive coercion continues to occur. This history also includes the coercive testing of contraceptive pills on women and girls in Puerto Rico. (12) The right to make personal decisions about contraceptive use is important for all Americans, and is especially critical for historically marginalized groups, including— (A) Black, indigenous, and other people of color; (B) immigrants; (C) LGBTQ+ people; (D) people with disabilities; (E) people paid low wages; and (F) people living in rural and underserved areas. (13) Many people who are part of the marginalized groups described in paragraph (12) already face barriers, exacerbated by social, political, economic, and environmental inequities, to comprehensive health care, including reproductive health care, that reduce their ability to make decisions about their health, families, and lives. (14) State and Federal policies governing pharmaceutical and insurance policies affect the accessibility of contraceptives and the settings in which contraception services are delivered. (15) People engage in interstate commerce to access contraception services. (16) To provide contraception services, health care providers employ and obtain commercial services from doctors, nurses, and other personnel who engage in interstate commerce and travel across State lines. (17) Congress has the authority to enact this Act to protect access to contraception pursuant to— (A) its powers under the Commerce Clause of section 8 of article I of the Constitution of the United States; (B) its powers under section 5 of the Fourteenth Amendment to the Constitution of the United States to enforce the provisions of section 1 of the Fourteenth Amendment; and (C) its powers under the necessary and proper clause of section 8 of article I of the Constitution of the United States. (18) Congress has used its authority in the past to protect and expand access to contraception information, products, and services. (19) In 1970, Congress established the family planning program under title X of the Public Health Service Act ( 42 U.S.C. 300 et seq. ), the only Federal grant program dedicated to family planning and related services, providing access to information, products, and services for contraception. (20) In 1972, Congress required the Medicaid program to cover family planning services and supplies and the Medicaid program currently accounts for 75 percent of Federal funds spent on family planning. (21) In 2010, Congress enacted the Patient Protection and Affordable Care Act ( Public Law 111–148 ) (referred to in this section as the ACA ). Among other provisions, the ACA included provisions to expand the affordability and accessibility of contraception by requiring health insurance plans to provide coverage for preventive services with no patient cost-sharing. (22) As of June 2023, at least 4 States tried to ban access to some or all contraceptives by restricting access to public funding for these products and services. Furthermore, Arkansas, Mississippi, Missouri, and Texas have infringed on people’s ability to access their contraceptive care by violating the free choice of provider requirement under the Medicaid program. (23) Providers’ refusals to offer contraceptives and information related to contraception based on their own personal beliefs impede patients from obtaining their preferred method of contraception, with laws in 12 States as of the date of introduction of this Act specifically allowing health care providers to refuse to provide services related to contraception. (24) States have attempted to define abortion expansively so as to include contraceptives in State bans on abortion and have also restricted access to emergency contraception. (25) Justice Thomas, in his concurring opinion in Dobbs v. Jackson Women’s Health Organization (142 S. Ct. 2228 (2022)), stated that the Supreme Court should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell and that the Court has a duty to correct the error established in those precedents by overruling them. (26) In order to further public health and to combat efforts to restrict access to reproductive health care, congressional action is necessary to protect access to contraceptives, contraception, and information related to contraception for everyone, regardless of actual or perceived race, ethnicity, sex (including gender identity and sexual orientation), income, disability, national origin, immigration status, or geography.", "id": "id1f54752f91eb4d518ce10200e8da7391", "header": "Findings", "nested": [], "links": [ { "text": "42 U.S.C. 300 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300" }, { "text": "Public Law 111–148", "legal-doc": "public-law", "parsable-cite": "pl/111/148" } ] }, { "text": "4. Purposes \nThe purposes of this Act are— (1) to provide a clear and comprehensive right to contraception; (2) to permit individuals to seek and obtain contraceptives and engage in contraception, and to permit health care providers to facilitate that care; and (3) to protect an individual’s ability to make decisions about their body, medical care, family, and life’s course, and thereby protect the individual’s ability to participate equally in the economic and social life of the United States.", "id": "ide4e83e01f0264f708484f00ee73188ff", "header": "Purposes", "nested": [], "links": [] }, { "text": "5. Permitted services \n(a) In general \nAn individual has a statutory right under this Act to obtain contraceptives and to voluntarily engage in contraception, free from coercion, and a health care provider has a corresponding right to provide contraceptives, contraception, and information, referrals, and services related to contraception. (b) Limitations or requirements \nThe statutory rights specified in subsection (a) shall not be limited or otherwise infringed through any limitation or requirement that— (1) expressly, effectively, implicitly, or as-implemented singles out— (A) the provision of contraceptives, contraception, or contraception-related information; (B) health care providers who provide contraceptives, contraception, or contraception-related information; or (C) facilities in which contraceptives, contraception, or contraception-related information is provided; and (2) impedes access to contraceptives, contraception, or contraception-related information. (c) Exception \nTo defend against a claim that a limitation or requirement violates a health care provider’s or individual’s statutory rights under subsection (b), a party must establish, by clear and convincing evidence, that— (1) the limitation or requirement significantly advances access to contraceptives, contraception, and information related to contraception; and (2) access to contraceptives, contraception, and information related to contraception or the health of patients cannot be advanced by a less restrictive alternative measure or action. (d) Rule of construction \nNothing in this section shall be construed to limit the authority of the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to approve, clear, authorize, or license contraceptives under section 505, 510(k), 513(f)(2), 515, or 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 , 360(k), 360c(f)(2), 360e, 360bbb–3) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ), or for the Federal Government to enforce such approval, clearance, authorization, or licensure.", "id": "idfa1795ef88804eb38d7ca3839b5fb5cd", "header": "Permitted services", "nested": [ { "text": "(a) In general \nAn individual has a statutory right under this Act to obtain contraceptives and to voluntarily engage in contraception, free from coercion, and a health care provider has a corresponding right to provide contraceptives, contraception, and information, referrals, and services related to contraception.", "id": "id3602ba904aa24dc5a24a4760e4dd1079", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Limitations or requirements \nThe statutory rights specified in subsection (a) shall not be limited or otherwise infringed through any limitation or requirement that— (1) expressly, effectively, implicitly, or as-implemented singles out— (A) the provision of contraceptives, contraception, or contraception-related information; (B) health care providers who provide contraceptives, contraception, or contraception-related information; or (C) facilities in which contraceptives, contraception, or contraception-related information is provided; and (2) impedes access to contraceptives, contraception, or contraception-related information.", "id": "idbad03aeba8504b728947fc1190cc96f1", "header": "Limitations or requirements", "nested": [], "links": [] }, { "text": "(c) Exception \nTo defend against a claim that a limitation or requirement violates a health care provider’s or individual’s statutory rights under subsection (b), a party must establish, by clear and convincing evidence, that— (1) the limitation or requirement significantly advances access to contraceptives, contraception, and information related to contraception; and (2) access to contraceptives, contraception, and information related to contraception or the health of patients cannot be advanced by a less restrictive alternative measure or action.", "id": "id722f6f14186a4652803cbf28ed8808bf", "header": "Exception", "nested": [], "links": [] }, { "text": "(d) Rule of construction \nNothing in this section shall be construed to limit the authority of the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to approve, clear, authorize, or license contraceptives under section 505, 510(k), 513(f)(2), 515, or 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 , 360(k), 360c(f)(2), 360e, 360bbb–3) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ), or for the Federal Government to enforce such approval, clearance, authorization, or licensure.", "id": "id2e3f7121f2b949bbae14eb697c85e5d5", "header": "Rule of construction", "nested": [], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262", "legal-doc": "usc", "parsable-cite": "usc/42/262" } ] } ], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262", "legal-doc": "usc", "parsable-cite": "usc/42/262" } ] }, { "text": "6. Applicability and preemption \n(a) General application \n(1) In general \nExcept as provided in subsection (c), this Act supersedes and applies to the law of the Federal Government and each State, and the implementation of such law, whether statutory, common law, or otherwise, and whether adopted before or after the date of enactment of this Act. (2) Prohibition \nNeither the Federal Government nor any State may administer, implement, or enforce any law, rule, regulation, standard, or other provision having the force and effect of law in a manner that— (A) prohibits or restricts the sale, provision, or use of any contraceptives; (B) prohibits or restricts any individual from aiding another individual in voluntarily obtaining or using any contraceptives or contraceptive methods; or (C) exempts any contraceptives or contraceptive methods from any other generally applicable law in a way that would make it more difficult to sell, provide, obtain, or use such contraceptives or contraceptive methods. (3) Relationship with other laws \nThis Act applies notwithstanding any other provision of Federal law, including the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq. ). (b) Subsequently enacted Federal legislation \nFederal law enacted after the date of enactment of this Act is subject to this Act, unless such law explicitly excludes such application by reference to this Act. (c) Limitations \nThe provisions of this Act shall not supersede or otherwise affect any provision of Federal law relating to coverage under (and shall not be construed as requiring the provision of specific benefits under) group health plans or group or individual health insurance coverage or coverage under a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f))), including coverage provided under section 1905(a)(4)(C) of the Social Security Act ( 42 U.S.C. 1396d(a)(4)(C) ) and section 2713 of the Public Health Service Act ( 42 U.S.C. 300gg–13 ). (d) Defense \nIn any cause of action against an individual or entity who is subject to a limitation or requirement that violates this Act, in addition to the remedies specified in section 8, this Act shall also apply to, and may be raised as a defense by, such an individual or entity. (e) Effective date \nThis Act shall take effect immediately upon the date of enactment of this Act.", "id": "id8946a729923640a884f3cfd3e517cb08", "header": "Applicability and preemption", "nested": [ { "text": "(a) General application \n(1) In general \nExcept as provided in subsection (c), this Act supersedes and applies to the law of the Federal Government and each State, and the implementation of such law, whether statutory, common law, or otherwise, and whether adopted before or after the date of enactment of this Act. (2) Prohibition \nNeither the Federal Government nor any State may administer, implement, or enforce any law, rule, regulation, standard, or other provision having the force and effect of law in a manner that— (A) prohibits or restricts the sale, provision, or use of any contraceptives; (B) prohibits or restricts any individual from aiding another individual in voluntarily obtaining or using any contraceptives or contraceptive methods; or (C) exempts any contraceptives or contraceptive methods from any other generally applicable law in a way that would make it more difficult to sell, provide, obtain, or use such contraceptives or contraceptive methods. (3) Relationship with other laws \nThis Act applies notwithstanding any other provision of Federal law, including the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq. ).", "id": "id67042dcd36744e26a799bdd8b8a71c13", "header": "General application", "nested": [], "links": [ { "text": "42 U.S.C. 2000bb et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000bb" } ] }, { "text": "(b) Subsequently enacted Federal legislation \nFederal law enacted after the date of enactment of this Act is subject to this Act, unless such law explicitly excludes such application by reference to this Act.", "id": "ide15b788f8420407ab774ed9870903cd4", "header": "Subsequently enacted Federal legislation", "nested": [], "links": [] }, { "text": "(c) Limitations \nThe provisions of this Act shall not supersede or otherwise affect any provision of Federal law relating to coverage under (and shall not be construed as requiring the provision of specific benefits under) group health plans or group or individual health insurance coverage or coverage under a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f))), including coverage provided under section 1905(a)(4)(C) of the Social Security Act ( 42 U.S.C. 1396d(a)(4)(C) ) and section 2713 of the Public Health Service Act ( 42 U.S.C. 300gg–13 ).", "id": "id5c97854fab824fa18856504bfa5f1961", "header": "Limitations", "nested": [], "links": [ { "text": "42 U.S.C. 1396d(a)(4)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" }, { "text": "42 U.S.C. 300gg–13", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-13" } ] }, { "text": "(d) Defense \nIn any cause of action against an individual or entity who is subject to a limitation or requirement that violates this Act, in addition to the remedies specified in section 8, this Act shall also apply to, and may be raised as a defense by, such an individual or entity.", "id": "idd1761f07b33a4d149bf784b8cf60eda8", "header": "Defense", "nested": [], "links": [] }, { "text": "(e) Effective date \nThis Act shall take effect immediately upon the date of enactment of this Act.", "id": "id9b6ae80db0334432bf4bfcab732687a1", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 2000bb et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000bb" }, { "text": "42 U.S.C. 1396d(a)(4)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" }, { "text": "42 U.S.C. 300gg–13", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-13" } ] }, { "text": "7. Rules of construction \n(a) In general \nIn interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purposes described in section 4. (b) Rule of construction \nNothing in this Act shall be construed— (1) to authorize any government to interfere with a health care provider’s ability to provide contraceptives or information related to contraception or a patient’s ability to obtain contraceptives or to engage in contraception; or (2) to permit or sanction the conduct of any sterilization procedure without the patient’s voluntary and informed consent. (c) Other individuals considered as government officials \nAny individual who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation or requirement that violates section 5 shall be considered a government official for purposes of this Act.", "id": "ide0eae8ee646b4d82804cd146cee2da71", "header": "Rules of construction", "nested": [ { "text": "(a) In general \nIn interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purposes described in section 4.", "id": "idfab9cc3d10f74214a9edcfc0865a4a54", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Rule of construction \nNothing in this Act shall be construed— (1) to authorize any government to interfere with a health care provider’s ability to provide contraceptives or information related to contraception or a patient’s ability to obtain contraceptives or to engage in contraception; or (2) to permit or sanction the conduct of any sterilization procedure without the patient’s voluntary and informed consent.", "id": "idc4eb91218efc4e26b6babe80e234a8a8", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(c) Other individuals considered as government officials \nAny individual who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation or requirement that violates section 5 shall be considered a government official for purposes of this Act.", "id": "id9d7b63a7253446658d4c33b7c6f0bce5", "header": "Other individuals considered as government officials", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Enforcement \n(a) Attorney General \nThe Attorney General may commence a civil action on behalf of the United States against any State that violates, or against any government official (including an individual described in section 7(c)) that implements or enforces a limitation or requirement that violates, section 5. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this Act. (b) Private right of action \n(1) In general \nAny individual or entity, including any health care provider or patient, adversely affected by an alleged violation of this Act, may commence a civil action against any State that violates, or against any government official (including an individual described in section 7(c)) that implements or enforces a limitation or requirement that violates, section 5. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this Act. (2) Health care provider \nA health care provider may commence an action for relief on its own behalf, on behalf of the provider’s staff, and on behalf of the provider’s patients who are or may be adversely affected by an alleged violation of this Act. (c) Equitable relief \nIn any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, and permanent injunctive relief. (d) Costs \nIn any action under this section, the court shall award costs of litigation, as well as reasonable attorney’s fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney’s fees in any nonfrivolous action under this section. (e) Jurisdiction \nThe district courts of the United States shall have jurisdiction over proceedings under this Act and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. (f) Abrogation of State immunity \nNeither a State that enforces or maintains, nor a government official (including an individual described in section 7(c)) who is permitted to implement or enforce any limitation or requirement that violates section 5 shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement.", "id": "idf11a3c01116a43e790269685dcabdf98", "header": "Enforcement", "nested": [ { "text": "(a) Attorney General \nThe Attorney General may commence a civil action on behalf of the United States against any State that violates, or against any government official (including an individual described in section 7(c)) that implements or enforces a limitation or requirement that violates, section 5. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this Act.", "id": "id407d6c41b3974323926f094ef9530dfc", "header": "Attorney General", "nested": [], "links": [] }, { "text": "(b) Private right of action \n(1) In general \nAny individual or entity, including any health care provider or patient, adversely affected by an alleged violation of this Act, may commence a civil action against any State that violates, or against any government official (including an individual described in section 7(c)) that implements or enforces a limitation or requirement that violates, section 5. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this Act. (2) Health care provider \nA health care provider may commence an action for relief on its own behalf, on behalf of the provider’s staff, and on behalf of the provider’s patients who are or may be adversely affected by an alleged violation of this Act.", "id": "id4997fddef5114ef187c60f43b28a4ddf", "header": "Private right of action", "nested": [], "links": [] }, { "text": "(c) Equitable relief \nIn any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, and permanent injunctive relief.", "id": "idc3b9cd7005e546498d7dc75880fffc00", "header": "Equitable relief", "nested": [], "links": [] }, { "text": "(d) Costs \nIn any action under this section, the court shall award costs of litigation, as well as reasonable attorney’s fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney’s fees in any nonfrivolous action under this section.", "id": "id08569021e4a44c0fa637413a56b1a9e0", "header": "Costs", "nested": [], "links": [] }, { "text": "(e) Jurisdiction \nThe district courts of the United States shall have jurisdiction over proceedings under this Act and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law.", "id": "idc723e7c96f394b6da6ef6673522780d9", "header": "Jurisdiction", "nested": [], "links": [] }, { "text": "(f) Abrogation of State immunity \nNeither a State that enforces or maintains, nor a government official (including an individual described in section 7(c)) who is permitted to implement or enforce any limitation or requirement that violates section 5 shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement.", "id": "idd3c7b645560644c48c3cd84d3742bd22", "header": "Abrogation of State immunity", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Severability \nIf any provision of this Act, or the application of such provision to any individual, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other individuals, entities, governments, or circumstances, shall not be affected thereby.", "id": "id6ee0d72281b84b8c9fa0e65981b07db9", "header": "Severability", "nested": [], "links": [] } ]

[ "Civil actions and liability", "Family planning and birth control", "Federal preemption", "Health care coverage and access", "Health personnel", "Sex and reproductive health", "Women's health" ]

[ { "text": "1. Short title \nThis Act may be cited as the Special Diabetes Program Reauthorization Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Extension of programs \n(a) Special diabetes programs for type I diabetes \nSection 330B(b)(2) of the Public Health Service Act ( 42 U.S.C. 254c–2(b)(2) ) is amended— (1) in subparagraph (C), by striking ; and and inserting a semicolon; (2) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (E) $170,000,000 for each of fiscal years 2024 and 2025, to remain available until expended; and (F) $42,849,315 for the period beginning on October 1, 2025, and ending on December 31, 2025, to remain available until expended.. (b) Special diabetes program for Indians \nSection 330C(c)(2) of the Public Health Service Act ( 42 U.S.C. 254c–3(c)(2) ) is amended— (1) in subparagraph (C), by striking ; and and inserting a semicolon; (2) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (E) $170,000,000 for each of fiscal years 2024 and 2025, to remain available until expended; and (F) $42,849,315 for the period beginning on October 1, 2025, and ending on December 31, 2025, to remain available until expended..", "id": "id2132daa7d92740ac8ada5b7d30609a19", "header": "Extension of programs", "nested": [ { "text": "(a) Special diabetes programs for type I diabetes \nSection 330B(b)(2) of the Public Health Service Act ( 42 U.S.C. 254c–2(b)(2) ) is amended— (1) in subparagraph (C), by striking ; and and inserting a semicolon; (2) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (E) $170,000,000 for each of fiscal years 2024 and 2025, to remain available until expended; and (F) $42,849,315 for the period beginning on October 1, 2025, and ending on December 31, 2025, to remain available until expended..", "id": "id40e4804afcf543b39bcb35cb628d1164", "header": "Special diabetes programs for type I diabetes", "nested": [], "links": [ { "text": "42 U.S.C. 254c–2(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/254c-2" } ] }, { "text": "(b) Special diabetes program for Indians \nSection 330C(c)(2) of the Public Health Service Act ( 42 U.S.C. 254c–3(c)(2) ) is amended— (1) in subparagraph (C), by striking ; and and inserting a semicolon; (2) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (E) $170,000,000 for each of fiscal years 2024 and 2025, to remain available until expended; and (F) $42,849,315 for the period beginning on October 1, 2025, and ending on December 31, 2025, to remain available until expended..", "id": "id422381ad7bc74a6684fe851db12d7465", "header": "Special diabetes program for Indians", "nested": [], "links": [ { "text": "42 U.S.C. 254c–3(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/254c-3" } ] } ], "links": [ { "text": "42 U.S.C. 254c–2(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/254c-2" }, { "text": "42 U.S.C. 254c–3(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/254c-3" } ] } ]

[ "Digestive and metabolic diseases", "Indian social and development programs", "Medical research", "Research administration and funding" ]

[ { "text": "1. Short title \nThis Act may be cited as the Mental Health for Latinos Act of 2023.", "id": "HED163A96E1E14CB4894BEEAD53D638B9", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Hispanic and Latino behavioral and mental health outreach and education strategy \nPart D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq. ) is amended by adding at the end the following new section: 553. Behavioral and mental health outreach and education strategy \n(a) In general \nThe Secretary, acting through the Assistant Secretary, shall, in coordination with advocacy and behavioral and mental health organizations serving populations of Hispanic and Latino individuals or communities, develop and implement an outreach and education strategy to promote behavioral and mental health and reduce stigma associated with mental health conditions and substance abuse among the Hispanic and Latino populations. Such strategy shall— (1) be designed to— (A) meet the diverse cultural and language needs of the various Hispanic and Latino populations; and (B) be developmentally and age-appropriate; (2) increase awareness of symptoms of mental illnesses common among such populations, taking into account differences within subgroups, such as gender, gender identity, age, sexual orientation, or race or ethnicity, of such populations; (3) provide information on evidence-based, culturally and linguistically appropriate and adapted interventions and treatments; (4) ensure full participation of, and engage, both consumers and community members in the development and implementation of materials; (5) seek to broaden the perspective among both individuals in Hispanic and Latino communities and stakeholders serving such communities to use a comprehensive public health approach to promoting behavioral health that addresses a holistic view of health by focusing on the intersection between behavioral and physical health; and (6) address the impact of the SARS–CoV–2 pandemic on the mental and behavioral health of the Hispanic and Latino populations. (b) Reports \nBeginning not later than 1 year after the date of the enactment of this section and annually thereafter, the Secretary, acting through the Assistant Secretary, shall submit to Congress, and make publicly available, a report on the extent to which the strategy developed and implemented under subsection (a) improved behavioral and mental health outcomes associated with mental health conditions and substance abuse among Hispanic and Latino populations. (c) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $1,000,000 for fiscal year 2024..", "id": "H885FAB4352EF41C4BB69310710E09A7B", "header": "Hispanic and Latino behavioral and mental health outreach and education strategy", "nested": [], "links": [ { "text": "42 U.S.C. 290dd et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/290dd" } ] }, { "text": "553. Behavioral and mental health outreach and education strategy \n(a) In general \nThe Secretary, acting through the Assistant Secretary, shall, in coordination with advocacy and behavioral and mental health organizations serving populations of Hispanic and Latino individuals or communities, develop and implement an outreach and education strategy to promote behavioral and mental health and reduce stigma associated with mental health conditions and substance abuse among the Hispanic and Latino populations. Such strategy shall— (1) be designed to— (A) meet the diverse cultural and language needs of the various Hispanic and Latino populations; and (B) be developmentally and age-appropriate; (2) increase awareness of symptoms of mental illnesses common among such populations, taking into account differences within subgroups, such as gender, gender identity, age, sexual orientation, or race or ethnicity, of such populations; (3) provide information on evidence-based, culturally and linguistically appropriate and adapted interventions and treatments; (4) ensure full participation of, and engage, both consumers and community members in the development and implementation of materials; (5) seek to broaden the perspective among both individuals in Hispanic and Latino communities and stakeholders serving such communities to use a comprehensive public health approach to promoting behavioral health that addresses a holistic view of health by focusing on the intersection between behavioral and physical health; and (6) address the impact of the SARS–CoV–2 pandemic on the mental and behavioral health of the Hispanic and Latino populations. (b) Reports \nBeginning not later than 1 year after the date of the enactment of this section and annually thereafter, the Secretary, acting through the Assistant Secretary, shall submit to Congress, and make publicly available, a report on the extent to which the strategy developed and implemented under subsection (a) improved behavioral and mental health outcomes associated with mental health conditions and substance abuse among Hispanic and Latino populations. (c) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $1,000,000 for fiscal year 2024.", "id": "H290514EC04744694B040811306E4ED40", "header": "Behavioral and mental health outreach and education strategy", "nested": [ { "text": "(a) In general \nThe Secretary, acting through the Assistant Secretary, shall, in coordination with advocacy and behavioral and mental health organizations serving populations of Hispanic and Latino individuals or communities, develop and implement an outreach and education strategy to promote behavioral and mental health and reduce stigma associated with mental health conditions and substance abuse among the Hispanic and Latino populations. Such strategy shall— (1) be designed to— (A) meet the diverse cultural and language needs of the various Hispanic and Latino populations; and (B) be developmentally and age-appropriate; (2) increase awareness of symptoms of mental illnesses common among such populations, taking into account differences within subgroups, such as gender, gender identity, age, sexual orientation, or race or ethnicity, of such populations; (3) provide information on evidence-based, culturally and linguistically appropriate and adapted interventions and treatments; (4) ensure full participation of, and engage, both consumers and community members in the development and implementation of materials; (5) seek to broaden the perspective among both individuals in Hispanic and Latino communities and stakeholders serving such communities to use a comprehensive public health approach to promoting behavioral health that addresses a holistic view of health by focusing on the intersection between behavioral and physical health; and (6) address the impact of the SARS–CoV–2 pandemic on the mental and behavioral health of the Hispanic and Latino populations.", "id": "H456DCA15BA2D4FE087149216081A226D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Reports \nBeginning not later than 1 year after the date of the enactment of this section and annually thereafter, the Secretary, acting through the Assistant Secretary, shall submit to Congress, and make publicly available, a report on the extent to which the strategy developed and implemented under subsection (a) improved behavioral and mental health outcomes associated with mental health conditions and substance abuse among Hispanic and Latino populations.", "id": "HDC72C8F0C5734D029AA9241BB689FE36", "header": "Reports", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $1,000,000 for fiscal year 2024.", "id": "HD34383A1503941BDA27CD47622FC049D", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Community life and organization", "Congressional oversight", "Drug, alcohol, tobacco use", "Health promotion and preventive care", "Mental health", "Minority health" ]

[ { "text": "1. Short title \nThis Act may be cited as the Hydrogen Infrastructure Finance and Innovation Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Study \nNot later than 18 months after the date of enactment of this Act, the Secretary of Energy, in coordination with the Administrator of the Environmental Protection Agency, the Chair of the Council on Environmental Quality, the Administrator of the Energy Information Administration, and the heads of other relevant Federal agencies, shall conduct a study subject to notice and public comment— (1) to fully assess and report the potential layout of pipeline corridors, including existing and new infrastructure, that— (A) are robust against a range of projected hydrogen demand futures; and (B) reflect the potential to site within, or adjacent to, existing pipeline or other linear infrastructure corridors; (2) to assess the costs associated with each infrastructure scenario described in paragraph (1); (3) to synthesize the results from research, development, and demonstration projects on materials and metallurgy for transporting and storing hydrogen and hydrogen-based fuels, such as ammonia; (4) to determine outstanding questions with regard to research, development, and demonstration of infrastructure for transporting and storing hydrogen and hydrogen-based fuels, such as ammonia; (5) to investigate the behavior and environmental impact of hydrogen leakage in pipelines and from geologic storage sites and nongeologic storage equipment; (6) to determine best practices for the construction and maintenance of hydrogen pipelines; (7) to determine the reduction in carbon intensity at various levels of hydrogen blending into the natural gas network; and (8) to establish a framework for the measurement, reporting, and management of hydrogen leaks.", "id": "idb4c558088d8d47cb9d9c28d6adee5be7", "header": "Study", "nested": [], "links": [] }, { "text": "3. Supporting hydrogen infrastructure and regional development of hydrogen \n(a) Definitions \nIn this section: (1) Board-regulated rates \nThe term Board-regulated rates means rates regulated by the Surface Transportation Board. (2) Commission-regulated rates \nThe term Commission-regulated rates means rates regulated by the Federal Energy Regulatory Commission. (3) Common carrier \nThe term common carrier means a transportation infrastructure operator or owner that— (A) publishes a publicly available tariff containing the just and reasonable rates, terms, and conditions of nondiscriminatory service; and (B) holds itself out to provide transportation services to the public for a fee. (4) Eligible activity \nThe term eligible activity means an activity described in subsection (g)(2) relating to, or carried out in connection with, an eligible project. (5) Eligible entity \nThe term eligible entity means a corporation, partnership, joint venture, trust, non-Federal governmental entity, agency, or instrumentality, or other entity. (6) Eligible project \n(A) In general \nSubject to subparagraph (B), the term eligible project means an infrastructure project for hydrogen transportation, storage, or delivery, including pipeline, shipping, rail, refueling, or other infrastructure, or associated equipment, as the Secretary determines to be appropriate. (B) Inclusion of pipeline projects \nThe term eligible project includes a pipeline project only if the project is for— (i) the construction of 1 or more new pipelines that are capable of handling pure hydrogen; or (ii) the retrofitting of 1 or more existing natural gas pipelines— (I) to transport a blend of hydrogen and natural gas; and (II) in a manner that will significantly increase the capacity of the pipelines to transport hydrogen, as determined by the Secretary. (7) Eligible project cost \n(A) In general \nThe term eligible project costs means— (i) the costs of carrying out an eligible activity; and (ii) any costs described in subparagraph (B) relating to, or incurred in connection with, an eligible project. (B) Costs described \nThe costs referred to in subparagraph (A)(ii) are— (i) the costs of capitalized interest necessary to meet market requirements, the costs of reasonably required reserve funds, capital issuance expenses, and any other carrying costs during construction of the applicable infrastructure; and (ii) transaction costs associated with financing an eligible project, including the cost of legal counsel and technical consultants. (8) HIFIA pilot program \nThe term HIFIA pilot program means the hydrogen infrastructure finance and innovation pilot program established under subsection (b)(1). (9) Letter of interest \nThe term letter of interest means a letter submitted by a potential applicant prior to an application for a grant or a loan under the HIFIA pilot program that— (A) is in a format prescribed by the Secretary on the website of the HIFIA pilot program; (B) describes the project and the location, purpose, and cost of the project; (C) outlines the proposed financial plan, including— (i) the requested grant or loan assistance; and (ii) the proposed obligor, if applicable; (D) provides a status of environmental review; and (E) provides information regarding satisfaction of other eligibility requirements of the HIFIA pilot program. (10) Low-income or disadvantaged community \nThe term low-income or disadvantaged community means a community (including a city, a town, a county, and any reasonably isolated and divisible segment 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. (11) Obligor \nThe term obligor means an eligible entity that is liable for payment of the principal of, or interest on, a loan under the HIFIA pilot program. (12) Secretary \nThe term Secretary means the Secretary of Energy. (b) Establishment \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Federal Energy Regulatory Commission, the Surface Transportation Board, and the Administrator of the Pipeline and Hazardous Materials Safety Administration, shall establish a hydrogen infrastructure finance and innovation pilot program under which the Secretary shall provide— (A) financial assistance to eligible entities for eligible projects through— (i) grants; or (ii) long-term, low-cost supplemental loans; and (B) technical assistance in accordance with subsection (l). (2) Coordination with hydrogen hubs \n(A) In general \nTo ensure that the HIFIA pilot program is compatible with, and complementary to, any hydrogen hubs developed under any other law, the Secretary, to the maximum extent practicable and subject to subparagraph (B), shall coordinate the establishment of the HIFIA pilot program with— (i) any program to support the development of hydrogen hubs that is required to be established under any other law; and (ii) the development of those hydrogen hubs. (B) Treatment \nCoordination with a hydrogen hub under subparagraph (A) shall not— (i) be considered to be a priority criterion in determining whether to provide assistance for an eligible project under the HIFIA pilot program; or (ii) preclude the provision of assistance under the HIFIA pilot program for another eligible project that— (I) meets the criteria described in subsections (d) and (e); and (II) is an objectively superior project, as determined by the Secretary. (c) Eligibility \n(1) In general \nThe Secretary may provide financial assistance for an eligible project under the HIFIA pilot program if— (A) the eligible entity proposing to carry out the project submits a letter of interest prior to submission of an application under paragraph (2) with respect to the project; and (B) the eligible entity and the eligible project meet all applicable requirements of this section. (2) Applications \n(A) In general \nTo be eligible for a grant or a loan under the HIFIA pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. (B) Election \n(i) In general \nAn eligible entity may elect to apply for a grant, a loan, or both under the HIFIA pilot program. (ii) Decision \nThe Secretary shall have discretion to award any mix of grants and loans under the HIFIA pilot program as the Secretary determines to be appropriate, including with respect to each eligible entity that applies for both a grant and a loan. (C) Application processing procedures \n(i) Notice of complete application \nNot later than 30 days after the date of receipt of an application under this paragraph, the Secretary shall provide to the applicant a written notice describing whether— (I) the application is complete; or (II) additional information or materials are needed to complete the application. (ii) Approval or denial of application \nNot later than 90 days after the date of issuance of a written notice under clause (i), the Secretary shall provide to the applicant a written notice informing the applicant whether the Secretary has approved or disapproved the application. (d) Priority \nIn selecting eligible projects to receive a grant or a loan under the HIFIA pilot program, the Secretary shall give priority to eligible projects that— (1) will provide greater net impact in avoiding or reducing emissions of greenhouse gases; and (2) are sited in a manner that minimizes environmental disturbance and other siting concerns, including by being sited within, or adjacent to, existing pipeline or other linear infrastructure corridors. (e) Considerations \nIn selecting eligible projects to receive a grant or a loan under the HIFIA pilot program, the Secretary, to the maximum extent practicable, shall select projects that— (1) are large-capacity, common carrier infrastructure; (2) enable geographical diversity in associated projects and supply chains to produce, use, or store hydrogen, with the goal of enabling projects in all major regions of the United States with current hydrogen demand and potential future hydrogen demand; (3) aid in creating economies of scale for hydrogen uptake in applications requiring an affordable solution to reduce greenhouse gas emissions; (4) will generate the greatest benefit to low-income or disadvantaged communities; and (5) will— (A) maximize creation or retention of jobs in the United States; and (B) provide the highest job quality. (f) Loans \n(1) In general \nIn carrying out the HIFIA pilot program, the Secretary shall make loans to eligible entities, the proceeds of which shall be used to finance eligible projects. (2) Interest rate \nThe interest rate of a loan under the HIFIA pilot program shall be not less than the interest rate on United States Treasury securities of a similar maturity to the maturity of the loan on the date of closing on the loan. (3) Maturity date \nThe final maturity date of a loan provided under the HIFIA pilot program shall be the date that is 30 years after the date of substantial completion of the applicable eligible project. (4) Repayment \n(A) In general \nThe Secretary shall establish a repayment schedule for each loan provided under the HIFIA pilot program. (B) Commencement \nRepayment of a loan provided under the HIFIA pilot program shall commence on the date of substantial completion of the applicable eligible project for which the loan was provided. (C) Deferral of repayment \nIf, at any time during the 5-year period beginning on the date of substantial completion of an eligible project, the project is unable to generate sufficient revenues in excess of reasonable and necessary operating expenses to pay the scheduled loan repayments of principal and interest on the loan, the Secretary may allow the borrower to defer repayment of the loan until the end of that 5-year period. (5) Requirements \n(A) Creditworthiness \n(i) In general \nEach obligor with respect to a loan provided for an eligible project under the HIFIA pilot program shall be creditworthy, such that there exists a reasonable prospect of repayment of the principal and interest on the loan, as determined by the Secretary under clause (ii). (ii) Reasonable prospect of repayment \nThe Secretary shall base a determination of whether there is a reasonable prospect of repayment under clause (i) on a comprehensive evaluation of whether the obligor has a reasonable prospect of repaying the loan for the eligible project, including evaluation of— (I) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary, and cash sweeps or other structural enhancements; (II) the strength of the contractual terms of an eligible project (if available for the applicable market segment); (III) the projected financial strength of the obligor— (aa) at the time of loan close; and (bb) throughout the loan term, including after the project is completed; (IV) the financial strength of the investors and strategic partners of the obligor, if applicable; and (V) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined to be appropriate by the Secretary. (B) Dedicated source of revenue \nAn eligible project for which a loan is provided under the HIFIA pilot program shall have a dedicated source of revenue separate from any financial assistance received under the HIFIA pilot program. (g) Use of financial assistance \n(1) In general \nA grant or loan provided under the HIFIA pilot program may be used for any eligible project costs. (2) Eligible activities \nA grant or loan provided under the HIFIA pilot program may be used to carry out any of the following activities with respect to an eligible project: (A) Development phase activities, including— (i) planning; (ii) preliminary engineering; (iii) design; (iv) environmental review; (v) revenue forecasting; and (vi) other preconstruction activities. (B) Construction, reconstruction, rehabilitation, and replacement activities, including the training of construction personnel in handling and safety. (C) Acquisition of— (i) real property or an interest in real property; or (ii) equipment. (D) Environmental mitigation activities. (E) Activities relating to construction contingencies. (h) Federal requirements \n(1) In general \nNothing in this section supersedes the applicability of any other requirement under Federal law (including regulations). (2) NEPA \nFederal assistance may only be provided under the HIFIA pilot program for a project that has received an environmental categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (i) Leak detection \nEach eligible entity that receives a loan or grant under the HIFIA pilot 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. (j) Maximum Federal involvement \nThe maximum Federal share of an eligible project for which a loan is provided under the HIFIA pilot program shall not exceed 80 percent of the eligible costs of the project. (k) Amendment \nSection 1703(b)(3) of the Energy Policy Act of 2005 ( 42 U.S.C. 16513(b)(3) ) is amended by striking Hydrogen fuel and inserting Hydrogen technologies applicable to 1 or more end-use sectors, such as power generation, transportation, aviation, storage, industrial, and chemicals, including hydrogen fuel. (l) Technical assistance \n(1) In general \nThe Secretary and the National Laboratories may provide technical assistance under the HIFIA pilot program to assess the grading and readiness of existing infrastructure to transport, store, or deliver hydrogen with respect to informal State and regional planning for investments in that grading and readiness. (2) Priority \nIn providing technical assistance under paragraph (1), the Secretary and the National Laboratories shall prioritize— (A) preexisting infrastructure corridors; (B) geologic storage potential for hydrogen; and (C) industrial clusters. (m) Regulatory assessment To encourage hydrogen transportation infrastructure deployment \nNot later than 270 days after the date of enactment of this Act, each of the Federal Energy Regulatory Commission, the Surface Transportation Board, and the Administrator of the Pipeline and Hazardous Materials Safety Administration, in coordination with the Secretary, shall— (1) assess jurisdiction over the siting, construction, safety, and regulation of hydrogen transportation infrastructure, including, at a minimum, the blending of hydrogen in natural gas pipelines; (2) if that assessment indicates that additional authority is needed to support the deployment of hydrogen transportation infrastructure, submit to Congress a report describing the needed authority; and (3) identify the eligibility of, and process for, hydrogen transportation infrastructure to receive cost recovery under the HIFIA pilot program through Commission-regulated rates, Board-regulated rates, or other applicable regulated rates, as appropriate, for the transportation of hydrogen in interstate commerce. (n) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out the HIFIA pilot program $100,000,000 for each of fiscal years 2024 through 2028.", "id": "idF0C5B11C666845FC8116E289CDC702B7", "header": "Supporting hydrogen infrastructure and regional development of hydrogen", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Board-regulated rates \nThe term Board-regulated rates means rates regulated by the Surface Transportation Board. (2) Commission-regulated rates \nThe term Commission-regulated rates means rates regulated by the Federal Energy Regulatory Commission. (3) Common carrier \nThe term common carrier means a transportation infrastructure operator or owner that— (A) publishes a publicly available tariff containing the just and reasonable rates, terms, and conditions of nondiscriminatory service; and (B) holds itself out to provide transportation services to the public for a fee. (4) Eligible activity \nThe term eligible activity means an activity described in subsection (g)(2) relating to, or carried out in connection with, an eligible project. (5) Eligible entity \nThe term eligible entity means a corporation, partnership, joint venture, trust, non-Federal governmental entity, agency, or instrumentality, or other entity. (6) Eligible project \n(A) In general \nSubject to subparagraph (B), the term eligible project means an infrastructure project for hydrogen transportation, storage, or delivery, including pipeline, shipping, rail, refueling, or other infrastructure, or associated equipment, as the Secretary determines to be appropriate. (B) Inclusion of pipeline projects \nThe term eligible project includes a pipeline project only if the project is for— (i) the construction of 1 or more new pipelines that are capable of handling pure hydrogen; or (ii) the retrofitting of 1 or more existing natural gas pipelines— (I) to transport a blend of hydrogen and natural gas; and (II) in a manner that will significantly increase the capacity of the pipelines to transport hydrogen, as determined by the Secretary. (7) Eligible project cost \n(A) In general \nThe term eligible project costs means— (i) the costs of carrying out an eligible activity; and (ii) any costs described in subparagraph (B) relating to, or incurred in connection with, an eligible project. (B) Costs described \nThe costs referred to in subparagraph (A)(ii) are— (i) the costs of capitalized interest necessary to meet market requirements, the costs of reasonably required reserve funds, capital issuance expenses, and any other carrying costs during construction of the applicable infrastructure; and (ii) transaction costs associated with financing an eligible project, including the cost of legal counsel and technical consultants. (8) HIFIA pilot program \nThe term HIFIA pilot program means the hydrogen infrastructure finance and innovation pilot program established under subsection (b)(1). (9) Letter of interest \nThe term letter of interest means a letter submitted by a potential applicant prior to an application for a grant or a loan under the HIFIA pilot program that— (A) is in a format prescribed by the Secretary on the website of the HIFIA pilot program; (B) describes the project and the location, purpose, and cost of the project; (C) outlines the proposed financial plan, including— (i) the requested grant or loan assistance; and (ii) the proposed obligor, if applicable; (D) provides a status of environmental review; and (E) provides information regarding satisfaction of other eligibility requirements of the HIFIA pilot program. (10) Low-income or disadvantaged community \nThe term low-income or disadvantaged community means a community (including a city, a town, a county, and any reasonably isolated and divisible segment 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. (11) Obligor \nThe term obligor means an eligible entity that is liable for payment of the principal of, or interest on, a loan under the HIFIA pilot program. (12) Secretary \nThe term Secretary means the Secretary of Energy.", "id": "idA78B09403FA54321B5F1B2730719F5FF", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Establishment \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Federal Energy Regulatory Commission, the Surface Transportation Board, and the Administrator of the Pipeline and Hazardous Materials Safety Administration, shall establish a hydrogen infrastructure finance and innovation pilot program under which the Secretary shall provide— (A) financial assistance to eligible entities for eligible projects through— (i) grants; or (ii) long-term, low-cost supplemental loans; and (B) technical assistance in accordance with subsection (l). (2) Coordination with hydrogen hubs \n(A) In general \nTo ensure that the HIFIA pilot program is compatible with, and complementary to, any hydrogen hubs developed under any other law, the Secretary, to the maximum extent practicable and subject to subparagraph (B), shall coordinate the establishment of the HIFIA pilot program with— (i) any program to support the development of hydrogen hubs that is required to be established under any other law; and (ii) the development of those hydrogen hubs. (B) Treatment \nCoordination with a hydrogen hub under subparagraph (A) shall not— (i) be considered to be a priority criterion in determining whether to provide assistance for an eligible project under the HIFIA pilot program; or (ii) preclude the provision of assistance under the HIFIA pilot program for another eligible project that— (I) meets the criteria described in subsections (d) and (e); and (II) is an objectively superior project, as determined by the Secretary.", "id": "id72D2202653294B2A9B0F974754735D1B", "header": "Establishment", "nested": [], "links": [] }, { "text": "(c) Eligibility \n(1) In general \nThe Secretary may provide financial assistance for an eligible project under the HIFIA pilot program if— (A) the eligible entity proposing to carry out the project submits a letter of interest prior to submission of an application under paragraph (2) with respect to the project; and (B) the eligible entity and the eligible project meet all applicable requirements of this section. (2) Applications \n(A) In general \nTo be eligible for a grant or a loan under the HIFIA pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. (B) Election \n(i) In general \nAn eligible entity may elect to apply for a grant, a loan, or both under the HIFIA pilot program. (ii) Decision \nThe Secretary shall have discretion to award any mix of grants and loans under the HIFIA pilot program as the Secretary determines to be appropriate, including with respect to each eligible entity that applies for both a grant and a loan. (C) Application processing procedures \n(i) Notice of complete application \nNot later than 30 days after the date of receipt of an application under this paragraph, the Secretary shall provide to the applicant a written notice describing whether— (I) the application is complete; or (II) additional information or materials are needed to complete the application. (ii) Approval or denial of application \nNot later than 90 days after the date of issuance of a written notice under clause (i), the Secretary shall provide to the applicant a written notice informing the applicant whether the Secretary has approved or disapproved the application.", "id": "id0ef0e542c2304a9ba8f48f8b8a23db6a", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(d) Priority \nIn selecting eligible projects to receive a grant or a loan under the HIFIA pilot program, the Secretary shall give priority to eligible projects that— (1) will provide greater net impact in avoiding or reducing emissions of greenhouse gases; and (2) are sited in a manner that minimizes environmental disturbance and other siting concerns, including by being sited within, or adjacent to, existing pipeline or other linear infrastructure corridors.", "id": "id2e23c2ce1ca74b0a963311a7fe879d43", "header": "Priority", "nested": [], "links": [] }, { "text": "(e) Considerations \nIn selecting eligible projects to receive a grant or a loan under the HIFIA pilot program, the Secretary, to the maximum extent practicable, shall select projects that— (1) are large-capacity, common carrier infrastructure; (2) enable geographical diversity in associated projects and supply chains to produce, use, or store hydrogen, with the goal of enabling projects in all major regions of the United States with current hydrogen demand and potential future hydrogen demand; (3) aid in creating economies of scale for hydrogen uptake in applications requiring an affordable solution to reduce greenhouse gas emissions; (4) will generate the greatest benefit to low-income or disadvantaged communities; and (5) will— (A) maximize creation or retention of jobs in the United States; and (B) provide the highest job quality.", "id": "idc1ff681b07504f5f951efc297435c55c", "header": "Considerations", "nested": [], "links": [] }, { "text": "(f) Loans \n(1) In general \nIn carrying out the HIFIA pilot program, the Secretary shall make loans to eligible entities, the proceeds of which shall be used to finance eligible projects. (2) Interest rate \nThe interest rate of a loan under the HIFIA pilot program shall be not less than the interest rate on United States Treasury securities of a similar maturity to the maturity of the loan on the date of closing on the loan. (3) Maturity date \nThe final maturity date of a loan provided under the HIFIA pilot program shall be the date that is 30 years after the date of substantial completion of the applicable eligible project. (4) Repayment \n(A) In general \nThe Secretary shall establish a repayment schedule for each loan provided under the HIFIA pilot program. (B) Commencement \nRepayment of a loan provided under the HIFIA pilot program shall commence on the date of substantial completion of the applicable eligible project for which the loan was provided. (C) Deferral of repayment \nIf, at any time during the 5-year period beginning on the date of substantial completion of an eligible project, the project is unable to generate sufficient revenues in excess of reasonable and necessary operating expenses to pay the scheduled loan repayments of principal and interest on the loan, the Secretary may allow the borrower to defer repayment of the loan until the end of that 5-year period. (5) Requirements \n(A) Creditworthiness \n(i) In general \nEach obligor with respect to a loan provided for an eligible project under the HIFIA pilot program shall be creditworthy, such that there exists a reasonable prospect of repayment of the principal and interest on the loan, as determined by the Secretary under clause (ii). (ii) Reasonable prospect of repayment \nThe Secretary shall base a determination of whether there is a reasonable prospect of repayment under clause (i) on a comprehensive evaluation of whether the obligor has a reasonable prospect of repaying the loan for the eligible project, including evaluation of— (I) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary, and cash sweeps or other structural enhancements; (II) the strength of the contractual terms of an eligible project (if available for the applicable market segment); (III) the projected financial strength of the obligor— (aa) at the time of loan close; and (bb) throughout the loan term, including after the project is completed; (IV) the financial strength of the investors and strategic partners of the obligor, if applicable; and (V) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined to be appropriate by the Secretary. (B) Dedicated source of revenue \nAn eligible project for which a loan is provided under the HIFIA pilot program shall have a dedicated source of revenue separate from any financial assistance received under the HIFIA pilot program.", "id": "id6BEF522399EE4B35B736797D373C454B", "header": "Loans", "nested": [], "links": [] }, { "text": "(g) Use of financial assistance \n(1) In general \nA grant or loan provided under the HIFIA pilot program may be used for any eligible project costs. (2) Eligible activities \nA grant or loan provided under the HIFIA pilot program may be used to carry out any of the following activities with respect to an eligible project: (A) Development phase activities, including— (i) planning; (ii) preliminary engineering; (iii) design; (iv) environmental review; (v) revenue forecasting; and (vi) other preconstruction activities. (B) Construction, reconstruction, rehabilitation, and replacement activities, including the training of construction personnel in handling and safety. (C) Acquisition of— (i) real property or an interest in real property; or (ii) equipment. (D) Environmental mitigation activities. (E) Activities relating to construction contingencies.", "id": "id859CA71398334D01990C8AD375CD3BB2", "header": "Use of financial assistance", "nested": [], "links": [] }, { "text": "(h) Federal requirements \n(1) In general \nNothing in this section supersedes the applicability of any other requirement under Federal law (including regulations). (2) NEPA \nFederal assistance may only be provided under the HIFIA pilot program for a project that has received an environmental categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).", "id": "idb8ea729c0822423c825cc56c3e2d6b61", "header": "Federal requirements", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(i) Leak detection \nEach eligible entity that receives a loan or grant under the HIFIA pilot 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": "(j) Maximum Federal involvement \nThe maximum Federal share of an eligible project for which a loan is provided under the HIFIA pilot program shall not exceed 80 percent of the eligible costs of the project.", "id": "id905E2FFC4A4648958BD980A651B509D1", "header": "Maximum Federal involvement", "nested": [], "links": [] }, { "text": "(k) Amendment \nSection 1703(b)(3) of the Energy Policy Act of 2005 ( 42 U.S.C. 16513(b)(3) ) is amended by striking Hydrogen fuel and inserting Hydrogen technologies applicable to 1 or more end-use sectors, such as power generation, transportation, aviation, storage, industrial, and chemicals, including hydrogen fuel.", "id": "idEF8197826807461BA23C5ABBF2C0D0D7", "header": "Amendment", "nested": [], "links": [ { "text": "42 U.S.C. 16513(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/16513" } ] }, { "text": "(l) Technical assistance \n(1) In general \nThe Secretary and the National Laboratories may provide technical assistance under the HIFIA pilot program to assess the grading and readiness of existing infrastructure to transport, store, or deliver hydrogen with respect to informal State and regional planning for investments in that grading and readiness. (2) Priority \nIn providing technical assistance under paragraph (1), the Secretary and the National Laboratories shall prioritize— (A) preexisting infrastructure corridors; (B) geologic storage potential for hydrogen; and (C) industrial clusters.", "id": "id60CF7130B4D243EDA4AA03E143AAD1D4", "header": "Technical assistance", "nested": [], "links": [] }, { "text": "(m) Regulatory assessment To encourage hydrogen transportation infrastructure deployment \nNot later than 270 days after the date of enactment of this Act, each of the Federal Energy Regulatory Commission, the Surface Transportation Board, and the Administrator of the Pipeline and Hazardous Materials Safety Administration, in coordination with the Secretary, shall— (1) assess jurisdiction over the siting, construction, safety, and regulation of hydrogen transportation infrastructure, including, at a minimum, the blending of hydrogen in natural gas pipelines; (2) if that assessment indicates that additional authority is needed to support the deployment of hydrogen transportation infrastructure, submit to Congress a report describing the needed authority; and (3) identify the eligibility of, and process for, hydrogen transportation infrastructure to receive cost recovery under the HIFIA pilot program through Commission-regulated rates, Board-regulated rates, or other applicable regulated rates, as appropriate, for the transportation of hydrogen in interstate commerce.", "id": "id06bee139c7b8415883df1b913bc1571a", "header": "Regulatory assessment To encourage hydrogen transportation infrastructure deployment", "nested": [], "links": [] }, { "text": "(n) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out the HIFIA pilot program $100,000,000 for each of fiscal years 2024 through 2028.", "id": "id3CD22F761CCC4816B82B328D6A7986C3", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "42 U.S.C. 16513(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/16513" } ] } ]

[ "Alternative and renewable resources", "Business records", "Climate change and greenhouse gases", "Economic performance and conditions", "Energy research", "Energy storage, supplies, demand", "Environmental assessment, monitoring, research", "Government lending and loan guarantees", "Government studies and investigations", "Infrastructure development", "Interest, dividends, interest rates", "Motor carriers", "Oil and gas", "Pipelines", "Research and development", "Transportation programs funding" ]

[ { "text": "1. Short title \nThis Act may be cited as the Nuclear Fuel Security Act of 2023.", "id": "id47FEC9F2C60C48ADA5135FA1A9F00909", "header": "Short title", "nested": [], "links": [] }, { "text": "2. U.S. nuclear fuel security initiative \n(a) Sense of Congress \nIt is the sense of Congress that— (1) the Department should— (A) prioritize activities to increase domestic production of low-enriched uranium; and (B) accelerate efforts to establish a domestic high-assay, low-enriched uranium enrichment capability; and (2) if domestic enrichment of high-assay, low-enriched uranium will not be commercially available at the scale needed in time to meet the needs of the advanced nuclear reactor demonstration projects of the Department, the Secretary shall consider and implement, as necessary— (A) all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, without impacting existing Department missions, until such time that commercial enrichment and deconversion capability for high-assay, low-enriched uranium exists at a scale sufficient to meet future needs; and (B) all viable options for partnering with countries that are allies or partners of the United States to meet those needs and schedules until that time. (b) Objectives \nThe objectives of this section are— (1) to expeditiously increase domestic production of low-enriched uranium; (2) to expeditiously increase domestic production of high-assay, low-enriched uranium by an annual quantity, and in such form, determined by the Secretary to be sufficient to meet the needs of— (A) advanced nuclear reactor developers; and (B) the consortium; (3) to ensure the availability of domestically produced, converted, enriched, deconverted, and reduced uranium in a quantity determined by the Secretary, in consultation with U.S. nuclear energy companies, to be sufficient to address a reasonably anticipated supply disruption; (4) to address gaps and deficiencies in the domestic production, conversion, enrichment, deconversion, and reduction of uranium by partnering with countries that are allies or partners of the United States if domestic options are not practicable; (5) to ensure that, in the event of a supply disruption in the nuclear fuel market, a reserve of nuclear fuels is available to serve as a backup supply to support the nuclear nonproliferation and civil nuclear energy objectives of the Department; (6) to support enrichment, deconversion, and reduction technology deployed in the United States; and (7) to ensure that, until such time that domestic enrichment and deconversion of high-assay, low-enriched uranium is commercially available at the scale needed to meet the needs of advanced nuclear reactor developers, the Secretary considers and implements, as necessary— (A) all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers; and (B) all viable options for partnering with countries that are allies or partners of the United States to meet those needs and schedules. (c) Definitions \nIn this section: (1) Advanced nuclear reactor \nThe term advanced nuclear reactor has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16271(b) ). (2) Associated entity \nThe term associated entity means an entity that— (A) is owned, controlled, or dominated by— (i) the government of a country that is an ally or partner of the United States; or (ii) an associated individual; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, a country that is an ally or partner of the United States, including a corporation that is incorporated in such a country. (3) Associated individual \nThe term associated individual means an alien who is a national of a country that is an ally or partner of the United States. (4) Consortium \nThe term consortium means the consortium established under section 2001(a)(2)(F) of the Energy Act of 2020 ( 42 U.S.C. 16281(a)(2)(F) ). (5) Department \nThe term Department means the Department of Energy. (6) High-assay, low-enriched uranium; HALEU \nThe term high-assay, low-enriched uranium or HALEU means high-assay low-enriched uranium (as defined in section 2001(d) of the Energy Act of 2020 ( 42 U.S.C. 16281(d) )). (7) Low-enriched uranium; LEU \nThe term low-enriched uranium or LEU means each of— (A) low-enriched uranium (as defined in section 3102 of the USEC Privatization Act ( 42 U.S.C. 2297h )); and (B) low-enriched uranium (as defined in section 3112A(a) of that Act (42 U.S.C. 2297h–10a(a))). (8) Programs \nThe term Programs means— (A) the Nuclear Fuel Security Program established under subsection (d)(1); (B) the American Assured Fuel Supply Program of the Department; and (C) the HALEU for Advanced Nuclear Reactor Demonstration Projects Program established under subsection (d)(3). (9) Secretary \nThe term Secretary means the Secretary of Energy. (10) 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. (d) Establishment and expansion of programs \nThe Secretary, consistent with the objectives described in subsection (b), shall— (1) establish a program, to be known as the Nuclear Fuel Security Program , to increase the quantity of LEU and HALEU produced by U.S. nuclear energy companies; (2) expand the American Assured Fuel Supply Program of the Department to ensure the availability of domestically produced, converted, enriched, deconverted, and reduced uranium in the event of a supply disruption; and (3) establish a program, to be known as the HALEU for Advanced Nuclear Reactor Demonstration Projects Program — (A) to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers until such time that commercial enrichment and deconversion capability for HALEU exists in the United States at a scale sufficient to meet future needs; and (B) where practicable, to partner with countries that are allies or partners of the United States to meet those needs and schedules until that time. (e) Nuclear Fuel Security Program \n(1) In general \nIn carrying out the Nuclear Fuel Security Program, the Secretary— (A) shall— (i) not later than 180 days after the date of enactment of this Act, enter into 2 or more contracts to begin acquiring not less than 100 metric tons per year of LEU by December 31, 2026 (or the earliest operationally feasible date thereafter), to ensure diversity of supply in domestic uranium mining, conversion, enrichment, and deconversion capacity and technologies, including new capacity, among U.S. nuclear energy companies; (ii) not later than 180 days after the date of enactment of this Act, enter into 2 or more contracts with members of the consortium to begin acquiring not less than 20 metric tons per year of HALEU by December 31, 2027 (or the earliest operationally feasible date thereafter), from U.S. nuclear energy companies; (iii) utilize only uranium produced, converted, enriched, deconverted, and reduced in— (I) the United States; or (II) if domestic options are not practicable, a country that is an ally or partner of the United States; and (iv) to the maximum extent practicable, ensure that the use of domestic uranium utilized as a result of that program does not negatively affect the economic operation of nuclear reactors in the United States; and (B) (i) may not make commitments under this subsection (including cooperative agreements (used in accordance with section 6305 of title 31, United States Code), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HALEU or LEU unless— (I) funds are specifically provided for those purposes in advance in appropriations Acts enacted after the date of enactment of this Act; or (II) the commitment is funded entirely by funds made available to the Secretary from the account described in subsection (i)(2)(B); and (ii) may make a commitment described in clause (i) only— (I) if the full extent of the anticipated costs stemming from the commitment is recorded as an obligation at the time that the commitment is made; and (II) to the extent of that up-front obligation recorded in full at that time. (2) Considerations \nIn carrying out paragraph (1)(A)(ii), the Secretary shall consider and, if appropriate, implement— (A) options to ensure the quickest availability of commercially enriched HALEU, including— (i) partnerships between 2 or more commercial enrichers; and (ii) utilization of up to 10-percent enriched uranium as feedstock in demonstration-scale or commercial HALEU enrichment facilities; (B) options to partner with countries that are allies or partners of the United States to provide LEU and HALEU for commercial purposes; (C) options that provide for an array of HALEU— (i) enrichment levels; (ii) output levels to meet demand; and (iii) fuel forms, including uranium metal and oxide; and (D) options— (i) to replenish, as necessary, Department stockpiles of uranium that were intended to be downblended for other purposes, but were instead used in carrying out activities under the HALEU for Advanced Nuclear Reactor Demonstration Projects Program; (ii) to continue supplying HALEU to meet the needs of the recipients of an award made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations; and (iii) to make HALEU available to other advanced nuclear reactor developers and other end-users. (3) Avoidance of market disruptions \nIn carrying out the Nuclear Fuel Security Program, the Secretary, to the extent practicable and consistent with the purposes of that program, shall not disrupt or replace market mechanisms by competing with U.S. nuclear energy companies. (f) Expansion of the American Assured Fuel Supply Program \nThe Secretary, in consultation with U.S. nuclear energy companies, shall— (1) expand the American Assured Fuel Supply Program of the Department by merging the operations of the Uranium Reserve Program of the Department with the American Assured Fuel Supply Program; and (2) in carrying out the American Assured Fuel Supply Program of the Department, as expanded under paragraph (1)— (A) maintain, replenish, diversify, or increase the quantity of uranium made available by that program in a manner determined by the Secretary to be consistent with the purposes of that program and the objectives described in subsection (b); (B) utilize only uranium produced, converted, enriched, deconverted, and reduced in— (i) the United States; or (ii) if domestic options are not practicable, a country that is an ally or partner of the United States; (C) make uranium available from the American Assured Fuel Supply, subject to terms and conditions determined by the Secretary to be reasonable and appropriate; (D) refill and expand the supply of uranium in the American Assured Fuel Supply, including by maintaining a limited reserve of uranium to address a potential event in which a domestic or foreign recipient of uranium experiences a supply disruption for which uranium cannot be obtained through normal market mechanisms or under normal market conditions; and (E) take other actions that the Secretary determines to be necessary or appropriate to address the purposes of that program and the objectives described in subsection (b). (g) HALEU for Advanced Nuclear Reactor Demonstration Projects Program \n(1) Activities \nOn enactment of this Act, the Secretary shall immediately accelerate and, as necessary, initiate activities to make available from inventories or stockpiles owned by the Department and made available to the consortium, HALEU for use in advanced nuclear reactors that cannot operate on uranium with lower enrichment levels or on alternate fuels, with priority given to the awards made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations, with additional HALEU to be made available to other advanced nuclear reactor developers, as the Secretary determines to be appropriate. (2) Quantity \nIn carrying out activities under this subsection, the Secretary shall consider and implement, as necessary, all viable options to make HALEU available in quantities and forms sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, including by seeking to make available— (A) by September 30, 2024, not less than 3 metric tons of HALEU; (B) by December 31, 2025, not less than an additional 8 metric tons of HALEU; and (C) by June 30, 2026, not less than an additional 10 metric tons of HALEU. (3) Factors for consideration \nIn carrying out activities under this subsection, the Secretary shall take into consideration— (A) options for providing HALEU from a stockpile of uranium owned by the Department, including— (i) uranium that has been declared excess to national security needs during or prior to fiscal year 2023; (ii) uranium that— (I) directly meets the needs of advanced nuclear reactor developers; but (II) has been previously used or fabricated for another purpose; (iii) uranium that can meet the needs of advanced nuclear reactor developers after removing radioactive or other contaminants that resulted from previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department, including activities that reduce the environmental liability of the Department by accelerating the processing of uranium from stockpiles designated as waste; (iv) uranium from a high-enriched uranium stockpile, which can be blended with lower assay uranium to become HALEU to meet the needs of advanced nuclear reactor developers; and (v) uranium from stockpiles intended for other purposes (excluding stockpiles intended for national security needs), but for which uranium could be swapped or replaced in time in such a manner that would not negatively impact the missions of the Department; (B) options for expanding, or establishing new, capabilities or infrastructure to support the processing of uranium from Department inventories; (C) options for accelerating the availability of HALEU from HALEU enrichment demonstration projects of the Department; (D) options for providing HALEU from domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (d)(1); (E) options to replenish, as needed, Department stockpiles of uranium made available pursuant to subparagraph (A) with domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (d)(1); and (F) options that combine 1 or more of the approaches described in subparagraphs (A) through (E) to meet the deadlines described in paragraph (2). (4) Limitations \n(A) Certain services \nThe Secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for services relating to— (i) the final disposition of radioactive waste from uranium that is the subject of a contract for sale, resale, transfer, or lease under this subsection; or (ii) environmental cleanup activities. (B) Certain commitments \nIn carrying out activities under this subsection, the Secretary— (i) may not make commitments under this subsection (including cooperative agreements (used in accordance with section 6305 of title 31, United States Code), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HALEU or LEU unless— (I) funds are specifically provided for those purposes in advance in appropriations Acts enacted after the date of enactment of this Act; or (II) the commitment is funded entirely by funds made available to the Secretary from the account described in subsection (i)(2)(B); and (ii) may make a commitment described in clause (i) only— (I) if the full extent of the anticipated costs stemming from the commitment is recorded as an obligation at the time that the commitment is made; and (II) to the extent of that up-front obligation recorded in full at that time. (5) Sunset \nThe authority of the Secretary to carry out activities under this subsection shall terminate on the date on which the Secretary notifies Congress that the HALEU needs of advanced nuclear reactor developers can be fully met by commercial HALEU suppliers in the United States, as determined by the Secretary, in consultation with U.S. nuclear energy companies. (h) Domestic sourcing considerations \n(1) In general \nExcept as provided in paragraph (2), the Secretary may only carry out an activity in connection with 1 or more of the Programs if— (A) the activity promotes manufacturing in the United States associated with uranium supply chains; or (B) the activity relies on resources, materials, or equipment developed or produced— (i) in the United States; or (ii) in a country that is an ally or partner of the United States by— (I) the government of that country; (II) an associated entity; or (III) a U.S. nuclear energy company. (2) Waiver \nThe Secretary may waive the requirements of paragraph (1) with respect to an activity if the Secretary determines a waiver to be necessary to achieve 1 or more of the objectives described in subsection (b). (i) Reasonable compensation \n(1) In general \nIn carrying out activities under this section, the Secretary shall ensure that any LEU and HALEU made available by the Secretary under 1 or more of the Programs is subject to reasonable compensation, taking into account the fair market value of the LEU or HALEU and the purposes of this section. (2) Availability of certain funds \n(A) In general \nNotwithstanding section 3302(b) of title 31, United States Code, revenues received by the Secretary from the sale or transfer of fuel feed material acquired by the Secretary pursuant to a contract entered into under clause (i) or (ii) of subsection (e)(1)(A) shall— (i) be deposited in the account described in subparagraph (B); (ii) be available to the Secretary for carrying out the purposes of this section, to reduce the need for further appropriations for those purposes; and (iii) remain available until expended. (B) Revolving fund \nThere is established in the Treasury an account into which the revenues described in subparagraph (A) shall be— (i) deposited in accordance with clause (i) of that subparagraph; and (ii) made available in accordance with clauses (ii) and (iii) of that subparagraph. (j) Nuclear regulatory commission \nThe Nuclear Regulatory Commission shall prioritize and expedite consideration of any action related to the Programs to the extent permitted under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) and related statutes. (k) USEC Privatization Act \nThe requirements of section 3112(d)(2) of the USEC Privatization Act ( 42 U.S.C. 2297h–10(d)(2) ) shall not apply to activities related to the Programs. (l) National security needs \nThe Secretary shall only make available to a member of the consortium under this section for commercial use or use in a demonstration project material that the President has determined is not necessary for national security needs, subject to the condition that the material made available shall not include any material that the Secretary determines to be necessary for the National Nuclear Security Administration or any critical mission of the Department. (m) International agreements \nThis section shall be applied in a manner consistent with the obligations of the United States under international agreements. (n) Authorization of appropriations \nIn addition to amounts otherwise available, there are authorized to be appropriated to the Secretary to carry out activities under this section $3,500,000,000 for fiscal year 2023, to remain available until September 30, 2032, of which the Secretary may use up to $1,000,000,000 by September 30, 2028, to carry out the HALEU for Advanced Nuclear Reactor Demonstration Projects Program.", "id": "id3433B5AFFAED463C914D41AD1279CCA3", "header": "U.S. nuclear fuel security initiative", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that— (1) the Department should— (A) prioritize activities to increase domestic production of low-enriched uranium; and (B) accelerate efforts to establish a domestic high-assay, low-enriched uranium enrichment capability; and (2) if domestic enrichment of high-assay, low-enriched uranium will not be commercially available at the scale needed in time to meet the needs of the advanced nuclear reactor demonstration projects of the Department, the Secretary shall consider and implement, as necessary— (A) all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, without impacting existing Department missions, until such time that commercial enrichment and deconversion capability for high-assay, low-enriched uranium exists at a scale sufficient to meet future needs; and (B) all viable options for partnering with countries that are allies or partners of the United States to meet those needs and schedules until that time.", "id": "idA921A44E6A374921B71C99CFBAFCF1FF", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Objectives \nThe objectives of this section are— (1) to expeditiously increase domestic production of low-enriched uranium; (2) to expeditiously increase domestic production of high-assay, low-enriched uranium by an annual quantity, and in such form, determined by the Secretary to be sufficient to meet the needs of— (A) advanced nuclear reactor developers; and (B) the consortium; (3) to ensure the availability of domestically produced, converted, enriched, deconverted, and reduced uranium in a quantity determined by the Secretary, in consultation with U.S. nuclear energy companies, to be sufficient to address a reasonably anticipated supply disruption; (4) to address gaps and deficiencies in the domestic production, conversion, enrichment, deconversion, and reduction of uranium by partnering with countries that are allies or partners of the United States if domestic options are not practicable; (5) to ensure that, in the event of a supply disruption in the nuclear fuel market, a reserve of nuclear fuels is available to serve as a backup supply to support the nuclear nonproliferation and civil nuclear energy objectives of the Department; (6) to support enrichment, deconversion, and reduction technology deployed in the United States; and (7) to ensure that, until such time that domestic enrichment and deconversion of high-assay, low-enriched uranium is commercially available at the scale needed to meet the needs of advanced nuclear reactor developers, the Secretary considers and implements, as necessary— (A) all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers; and (B) all viable options for partnering with countries that are allies or partners of the United States to meet those needs and schedules.", "id": "idd699240e7c164e238e8e75e895018dfb", "header": "Objectives", "nested": [], "links": [] }, { "text": "(c) Definitions \nIn this section: (1) Advanced nuclear reactor \nThe term advanced nuclear reactor has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16271(b) ). (2) Associated entity \nThe term associated entity means an entity that— (A) is owned, controlled, or dominated by— (i) the government of a country that is an ally or partner of the United States; or (ii) an associated individual; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, a country that is an ally or partner of the United States, including a corporation that is incorporated in such a country. (3) Associated individual \nThe term associated individual means an alien who is a national of a country that is an ally or partner of the United States. (4) Consortium \nThe term consortium means the consortium established under section 2001(a)(2)(F) of the Energy Act of 2020 ( 42 U.S.C. 16281(a)(2)(F) ). (5) Department \nThe term Department means the Department of Energy. (6) High-assay, low-enriched uranium; HALEU \nThe term high-assay, low-enriched uranium or HALEU means high-assay low-enriched uranium (as defined in section 2001(d) of the Energy Act of 2020 ( 42 U.S.C. 16281(d) )). (7) Low-enriched uranium; LEU \nThe term low-enriched uranium or LEU means each of— (A) low-enriched uranium (as defined in section 3102 of the USEC Privatization Act ( 42 U.S.C. 2297h )); and (B) low-enriched uranium (as defined in section 3112A(a) of that Act (42 U.S.C. 2297h–10a(a))). (8) Programs \nThe term Programs means— (A) the Nuclear Fuel Security Program established under subsection (d)(1); (B) the American Assured Fuel Supply Program of the Department; and (C) the HALEU for Advanced Nuclear Reactor Demonstration Projects Program established under subsection (d)(3). (9) Secretary \nThe term Secretary means the Secretary of Energy. (10) 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": "id49C8E322DD1B42FDAAC95DACA72A8582", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 16271(b)", "legal-doc": "usc", "parsable-cite": "usc/42/16271" }, { "text": "42 U.S.C. 16281(a)(2)(F)", "legal-doc": "usc", "parsable-cite": "usc/42/16281" }, { "text": "42 U.S.C. 16281(d)", "legal-doc": "usc", "parsable-cite": "usc/42/16281" }, { "text": "42 U.S.C. 2297h", "legal-doc": "usc", "parsable-cite": "usc/42/2297h" } ] }, { "text": "(d) Establishment and expansion of programs \nThe Secretary, consistent with the objectives described in subsection (b), shall— (1) establish a program, to be known as the Nuclear Fuel Security Program , to increase the quantity of LEU and HALEU produced by U.S. nuclear energy companies; (2) expand the American Assured Fuel Supply Program of the Department to ensure the availability of domestically produced, converted, enriched, deconverted, and reduced uranium in the event of a supply disruption; and (3) establish a program, to be known as the HALEU for Advanced Nuclear Reactor Demonstration Projects Program — (A) to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers until such time that commercial enrichment and deconversion capability for HALEU exists in the United States at a scale sufficient to meet future needs; and (B) where practicable, to partner with countries that are allies or partners of the United States to meet those needs and schedules until that time.", "id": "id18945e50f5464b7687cce7fa11a4bed7", "header": "Establishment and expansion of programs", "nested": [], "links": [] }, { "text": "(e) Nuclear Fuel Security Program \n(1) In general \nIn carrying out the Nuclear Fuel Security Program, the Secretary— (A) shall— (i) not later than 180 days after the date of enactment of this Act, enter into 2 or more contracts to begin acquiring not less than 100 metric tons per year of LEU by December 31, 2026 (or the earliest operationally feasible date thereafter), to ensure diversity of supply in domestic uranium mining, conversion, enrichment, and deconversion capacity and technologies, including new capacity, among U.S. nuclear energy companies; (ii) not later than 180 days after the date of enactment of this Act, enter into 2 or more contracts with members of the consortium to begin acquiring not less than 20 metric tons per year of HALEU by December 31, 2027 (or the earliest operationally feasible date thereafter), from U.S. nuclear energy companies; (iii) utilize only uranium produced, converted, enriched, deconverted, and reduced in— (I) the United States; or (II) if domestic options are not practicable, a country that is an ally or partner of the United States; and (iv) to the maximum extent practicable, ensure that the use of domestic uranium utilized as a result of that program does not negatively affect the economic operation of nuclear reactors in the United States; and (B) (i) may not make commitments under this subsection (including cooperative agreements (used in accordance with section 6305 of title 31, United States Code), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HALEU or LEU unless— (I) funds are specifically provided for those purposes in advance in appropriations Acts enacted after the date of enactment of this Act; or (II) the commitment is funded entirely by funds made available to the Secretary from the account described in subsection (i)(2)(B); and (ii) may make a commitment described in clause (i) only— (I) if the full extent of the anticipated costs stemming from the commitment is recorded as an obligation at the time that the commitment is made; and (II) to the extent of that up-front obligation recorded in full at that time. (2) Considerations \nIn carrying out paragraph (1)(A)(ii), the Secretary shall consider and, if appropriate, implement— (A) options to ensure the quickest availability of commercially enriched HALEU, including— (i) partnerships between 2 or more commercial enrichers; and (ii) utilization of up to 10-percent enriched uranium as feedstock in demonstration-scale or commercial HALEU enrichment facilities; (B) options to partner with countries that are allies or partners of the United States to provide LEU and HALEU for commercial purposes; (C) options that provide for an array of HALEU— (i) enrichment levels; (ii) output levels to meet demand; and (iii) fuel forms, including uranium metal and oxide; and (D) options— (i) to replenish, as necessary, Department stockpiles of uranium that were intended to be downblended for other purposes, but were instead used in carrying out activities under the HALEU for Advanced Nuclear Reactor Demonstration Projects Program; (ii) to continue supplying HALEU to meet the needs of the recipients of an award made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations; and (iii) to make HALEU available to other advanced nuclear reactor developers and other end-users. (3) Avoidance of market disruptions \nIn carrying out the Nuclear Fuel Security Program, the Secretary, to the extent practicable and consistent with the purposes of that program, shall not disrupt or replace market mechanisms by competing with U.S. nuclear energy companies.", "id": "id59f4800bdd434f8eb0b1ef125a0ebed4", "header": "Nuclear Fuel Security Program", "nested": [], "links": [] }, { "text": "(f) Expansion of the American Assured Fuel Supply Program \nThe Secretary, in consultation with U.S. nuclear energy companies, shall— (1) expand the American Assured Fuel Supply Program of the Department by merging the operations of the Uranium Reserve Program of the Department with the American Assured Fuel Supply Program; and (2) in carrying out the American Assured Fuel Supply Program of the Department, as expanded under paragraph (1)— (A) maintain, replenish, diversify, or increase the quantity of uranium made available by that program in a manner determined by the Secretary to be consistent with the purposes of that program and the objectives described in subsection (b); (B) utilize only uranium produced, converted, enriched, deconverted, and reduced in— (i) the United States; or (ii) if domestic options are not practicable, a country that is an ally or partner of the United States; (C) make uranium available from the American Assured Fuel Supply, subject to terms and conditions determined by the Secretary to be reasonable and appropriate; (D) refill and expand the supply of uranium in the American Assured Fuel Supply, including by maintaining a limited reserve of uranium to address a potential event in which a domestic or foreign recipient of uranium experiences a supply disruption for which uranium cannot be obtained through normal market mechanisms or under normal market conditions; and (E) take other actions that the Secretary determines to be necessary or appropriate to address the purposes of that program and the objectives described in subsection (b).", "id": "id8bde158d08b74658a6f9b8ea7fe1e639", "header": "Expansion of the American Assured Fuel Supply Program", "nested": [], "links": [] }, { "text": "(g) HALEU for Advanced Nuclear Reactor Demonstration Projects Program \n(1) Activities \nOn enactment of this Act, the Secretary shall immediately accelerate and, as necessary, initiate activities to make available from inventories or stockpiles owned by the Department and made available to the consortium, HALEU for use in advanced nuclear reactors that cannot operate on uranium with lower enrichment levels or on alternate fuels, with priority given to the awards made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations, with additional HALEU to be made available to other advanced nuclear reactor developers, as the Secretary determines to be appropriate. (2) Quantity \nIn carrying out activities under this subsection, the Secretary shall consider and implement, as necessary, all viable options to make HALEU available in quantities and forms sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, including by seeking to make available— (A) by September 30, 2024, not less than 3 metric tons of HALEU; (B) by December 31, 2025, not less than an additional 8 metric tons of HALEU; and (C) by June 30, 2026, not less than an additional 10 metric tons of HALEU. (3) Factors for consideration \nIn carrying out activities under this subsection, the Secretary shall take into consideration— (A) options for providing HALEU from a stockpile of uranium owned by the Department, including— (i) uranium that has been declared excess to national security needs during or prior to fiscal year 2023; (ii) uranium that— (I) directly meets the needs of advanced nuclear reactor developers; but (II) has been previously used or fabricated for another purpose; (iii) uranium that can meet the needs of advanced nuclear reactor developers after removing radioactive or other contaminants that resulted from previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department, including activities that reduce the environmental liability of the Department by accelerating the processing of uranium from stockpiles designated as waste; (iv) uranium from a high-enriched uranium stockpile, which can be blended with lower assay uranium to become HALEU to meet the needs of advanced nuclear reactor developers; and (v) uranium from stockpiles intended for other purposes (excluding stockpiles intended for national security needs), but for which uranium could be swapped or replaced in time in such a manner that would not negatively impact the missions of the Department; (B) options for expanding, or establishing new, capabilities or infrastructure to support the processing of uranium from Department inventories; (C) options for accelerating the availability of HALEU from HALEU enrichment demonstration projects of the Department; (D) options for providing HALEU from domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (d)(1); (E) options to replenish, as needed, Department stockpiles of uranium made available pursuant to subparagraph (A) with domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (d)(1); and (F) options that combine 1 or more of the approaches described in subparagraphs (A) through (E) to meet the deadlines described in paragraph (2). (4) Limitations \n(A) Certain services \nThe Secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for services relating to— (i) the final disposition of radioactive waste from uranium that is the subject of a contract for sale, resale, transfer, or lease under this subsection; or (ii) environmental cleanup activities. (B) Certain commitments \nIn carrying out activities under this subsection, the Secretary— (i) may not make commitments under this subsection (including cooperative agreements (used in accordance with section 6305 of title 31, United States Code), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HALEU or LEU unless— (I) funds are specifically provided for those purposes in advance in appropriations Acts enacted after the date of enactment of this Act; or (II) the commitment is funded entirely by funds made available to the Secretary from the account described in subsection (i)(2)(B); and (ii) may make a commitment described in clause (i) only— (I) if the full extent of the anticipated costs stemming from the commitment is recorded as an obligation at the time that the commitment is made; and (II) to the extent of that up-front obligation recorded in full at that time. (5) Sunset \nThe authority of the Secretary to carry out activities under this subsection shall terminate on the date on which the Secretary notifies Congress that the HALEU needs of advanced nuclear reactor developers can be fully met by commercial HALEU suppliers in the United States, as determined by the Secretary, in consultation with U.S. nuclear energy companies.", "id": "idD0543CBF65A8457F825B2E28C9F636A6", "header": "HALEU for Advanced Nuclear Reactor Demonstration Projects Program", "nested": [], "links": [] }, { "text": "(h) Domestic sourcing considerations \n(1) In general \nExcept as provided in paragraph (2), the Secretary may only carry out an activity in connection with 1 or more of the Programs if— (A) the activity promotes manufacturing in the United States associated with uranium supply chains; or (B) the activity relies on resources, materials, or equipment developed or produced— (i) in the United States; or (ii) in a country that is an ally or partner of the United States by— (I) the government of that country; (II) an associated entity; or (III) a U.S. nuclear energy company. (2) Waiver \nThe Secretary may waive the requirements of paragraph (1) with respect to an activity if the Secretary determines a waiver to be necessary to achieve 1 or more of the objectives described in subsection (b).", "id": "idA959DF4AC3144F9AB714797382BE1253", "header": "Domestic sourcing considerations", "nested": [], "links": [] }, { "text": "(i) Reasonable compensation \n(1) In general \nIn carrying out activities under this section, the Secretary shall ensure that any LEU and HALEU made available by the Secretary under 1 or more of the Programs is subject to reasonable compensation, taking into account the fair market value of the LEU or HALEU and the purposes of this section. (2) Availability of certain funds \n(A) In general \nNotwithstanding section 3302(b) of title 31, United States Code, revenues received by the Secretary from the sale or transfer of fuel feed material acquired by the Secretary pursuant to a contract entered into under clause (i) or (ii) of subsection (e)(1)(A) shall— (i) be deposited in the account described in subparagraph (B); (ii) be available to the Secretary for carrying out the purposes of this section, to reduce the need for further appropriations for those purposes; and (iii) remain available until expended. (B) Revolving fund \nThere is established in the Treasury an account into which the revenues described in subparagraph (A) shall be— (i) deposited in accordance with clause (i) of that subparagraph; and (ii) made available in accordance with clauses (ii) and (iii) of that subparagraph.", "id": "idDA5FCF800F8D4871838C46E62277993A", "header": "Reasonable compensation", "nested": [], "links": [] }, { "text": "(j) Nuclear regulatory commission \nThe Nuclear Regulatory Commission shall prioritize and expedite consideration of any action related to the Programs to the extent permitted under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) and related statutes.", "id": "id6c5a65911e9644988bbda6893f2f47fa", "header": "Nuclear regulatory commission", "nested": [], "links": [ { "text": "42 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2011" } ] }, { "text": "(k) USEC Privatization Act \nThe requirements of section 3112(d)(2) of the USEC Privatization Act ( 42 U.S.C. 2297h–10(d)(2) ) shall not apply to activities related to the Programs.", "id": "idF54FF528FC4540529ED63892A9FF1BE0", "header": "USEC Privatization Act", "nested": [], "links": [ { "text": "42 U.S.C. 2297h–10(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/2297h-10" } ] }, { "text": "(l) National security needs \nThe Secretary shall only make available to a member of the consortium under this section for commercial use or use in a demonstration project material that the President has determined is not necessary for national security needs, subject to the condition that the material made available shall not include any material that the Secretary determines to be necessary for the National Nuclear Security Administration or any critical mission of the Department.", "id": "id49cf727c961d4a67bc70dcb7b2d84765", "header": "National security needs", "nested": [], "links": [] }, { "text": "(m) International agreements \nThis section shall be applied in a manner consistent with the obligations of the United States under international agreements.", "id": "idB9C27D672E924E55A29046698F2BE929", "header": "International agreements", "nested": [], "links": [] }, { "text": "(n) Authorization of appropriations \nIn addition to amounts otherwise available, there are authorized to be appropriated to the Secretary to carry out activities under this section $3,500,000,000 for fiscal year 2023, to remain available until September 30, 2032, of which the Secretary may use up to $1,000,000,000 by September 30, 2028, to carry out the HALEU for Advanced Nuclear Reactor Demonstration Projects Program.", "id": "id4f3fa1d5b83348598d9dfd4123c7c60e", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 16271(b)", "legal-doc": "usc", "parsable-cite": "usc/42/16271" }, { "text": "42 U.S.C. 16281(a)(2)(F)", "legal-doc": "usc", "parsable-cite": "usc/42/16281" }, { "text": "42 U.S.C. 16281(d)", "legal-doc": "usc", "parsable-cite": "usc/42/16281" }, { "text": "42 U.S.C. 2297h", "legal-doc": "usc", "parsable-cite": "usc/42/2297h" }, { "text": "42 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2011" }, { "text": "42 U.S.C. 2297h–10(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/2297h-10" } ] }, { "text": "3. Report on civil nuclear credit program \nNot later than 180 days after the date of enactment of this Act, the Secretary of Energy shall submit to the appropriate committees of Congress a report that identifies the anticipated funding requirements for the civil nuclear credit program described in section 40323 of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18753 ), taking into account— (1) the zero-emission nuclear power production credit authorized by section 45U of the Internal Revenue Code of 1986; and (2) any increased fuel costs associated with the use of domestic fuel that may arise from the implementation of that program.", "id": "id4234545267604B02AFC503012CF268C3", "header": "Report on civil nuclear credit program", "nested": [], "links": [ { "text": "42 U.S.C. 18753", "legal-doc": "usc", "parsable-cite": "usc/42/18753" }, { "text": "section 45U", "legal-doc": "usc", "parsable-cite": "usc/26/45U" } ] }, { "text": "4. Amendments to the USEC Privatization Act \n(a) Prohibition on imports \nSection 3112A of the USEC Privatization Act ( 42 U.S.C. 2297h–10a ) is amended by adding at the end the following: (d) Prohibition on imports of low-enriched uranium \n(1) Prohibition \nBeginning on the date that is 90 days after the date of the enactment of this subsection, and subject to paragraphs (2) and (3), the following may not be imported into the United States: (A) Unirradiated low-enriched uranium that is produced in the Russian Federation or by a Russian entity. (B) Unirradiated low-enriched uranium that is determined to have been exchanged with, swapped for, or otherwise obtained in lieu of unirradiated low-enriched uranium described in subparagraph (A) in a manner designed to circumvent the restrictions under this section. (2) Waiver \n(A) In general \nSubject to subparagraphs (B) and (C), the Secretary of Energy, in consultation with the Secretary of State and the Secretary of Commerce, may waive the application of paragraph (1) to authorize the importation of low-enriched uranium described in that paragraph if the Secretary of Energy determines that— (i) no alternative viable source of low-enriched uranium is available to sustain the continued operation of a nuclear reactor or a United States nuclear energy company; or (ii) importation of low-enriched uranium described in paragraph (1) is in the national interest. (B) Limitation on amounts of imports of low-enriched uranium \n(i) In general \nThe importation into the United States of low-enriched uranium described in paragraph (1), including low-enriched uranium obtained under contracts for separative work units, whether or not such low-enriched uranium is derived from highly enriched uranium of weapons origin, may not exceed— (I) in calendar year 2023, 578,877 kilograms; (II) in calendar year 2024, 476,536 kilograms; (III) in calendar year 2025, 470,376 kilograms; (IV) in calendar year 2026, 464,183 kilograms; and (V) in calendar year 2027, 459,083 kilograms. (ii) Administration \nThe Secretary of Commerce shall— (I) administer the import limitations described in clause (i) in accordance with the provisions of the Suspension Agreement, including the provisions described in subsection (c)(2)(B)(i); (II) be responsible for enforcing the import limitations described in clause (i); and (III) enforce the import limitations described in clause (i) in a manner that imposes a minimal burden on the commercial nuclear industry. (C) Termination \nAny waiver issued under subparagraph (A) shall terminate not later than January 1, 2028. (D) Notification to Congress \n(i) In general \nUpon issuing a waiver under subparagraph (A), the Secretary of Energy shall submit to the committees specified in clause (ii) a notification that a waiver has been issued, which shall include identification of the recipient of the waiver. (ii) Committees specified \nThe committees specified in this clause are— (I) the Committee on Energy and Natural Resources and the Committee on Finance of the Senate; and (II) the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives. (3) Applicability \nThis subsection does not apply to imports— (A) by or under contract to the Department of Energy for national security or nonproliferation purposes; or (B) of non-uranium isotopes. (4) Termination \nThe provisions of this subsection shall terminate on December 31, 2040. (5) Russian entity defined \nIn this subsection, the term Russian entity means an entity organized under the laws of or otherwise subject to the jurisdiction of the Government of the Russian Federation.. (b) Conforming amendments \n(1) In general \nSection 3112A(c) of the USEC Privatization Act (42 U.S.C. 2297h–10a(c)) is amended— (A) in paragraph (2)— (i) in subparagraph (A)— (I) in clause (viii), by inserting and after the semicolon at the end; (II) in clause (ix), by striking the semicolon and inserting a period; and (III) by striking clauses (x) through (xxvii); and (ii) in subparagraph (C)(i), by striking paragraph (10) and inserting paragraph (9) ; (B) in paragraph (3), by striking United States and all that follows through for processing and inserting United States for processing ; (C) by striking paragraph (5); (D) by redesignating paragraphs (6) through (12) as paragraphs (5) through (11), respectively; (E) in paragraph (5), as redesignated by subparagraph (D), by striking In addition to the adjustment under paragraph (5)(A), the and inserting The ; (F) in subparagraph (A) of paragraph (7), as so redesignated, by striking paragraph (10) and inserting paragraph (9) ; (G) in paragraph (8), as so redesignated, by striking December 31, 2040 and inserting the date described in subsection (d)(1) ; and (H) in subparagraph (A) of paragraph (9), as so redesignated, by striking paragraphs (2)(C) and (8) and inserting paragraphs (2)(C) and (7). (2) Effective date \nThe amendment to section 3112A(c)(2)(A)(x) of the USEC Privatization Act (42 U.S.C. 2297h–10a(c)(2)(A)(x)) made by paragraph (1)(A) of this subsection shall take effect on the date that is 90 days after the date of the enactment of this Act.", "id": "HE0B60F362F054A9083884EF8EB0E4127", "header": "Amendments to the USEC Privatization Act", "nested": [ { "text": "(a) Prohibition on imports \nSection 3112A of the USEC Privatization Act ( 42 U.S.C. 2297h–10a ) is amended by adding at the end the following: (d) Prohibition on imports of low-enriched uranium \n(1) Prohibition \nBeginning on the date that is 90 days after the date of the enactment of this subsection, and subject to paragraphs (2) and (3), the following may not be imported into the United States: (A) Unirradiated low-enriched uranium that is produced in the Russian Federation or by a Russian entity. (B) Unirradiated low-enriched uranium that is determined to have been exchanged with, swapped for, or otherwise obtained in lieu of unirradiated low-enriched uranium described in subparagraph (A) in a manner designed to circumvent the restrictions under this section. (2) Waiver \n(A) In general \nSubject to subparagraphs (B) and (C), the Secretary of Energy, in consultation with the Secretary of State and the Secretary of Commerce, may waive the application of paragraph (1) to authorize the importation of low-enriched uranium described in that paragraph if the Secretary of Energy determines that— (i) no alternative viable source of low-enriched uranium is available to sustain the continued operation of a nuclear reactor or a United States nuclear energy company; or (ii) importation of low-enriched uranium described in paragraph (1) is in the national interest. (B) Limitation on amounts of imports of low-enriched uranium \n(i) In general \nThe importation into the United States of low-enriched uranium described in paragraph (1), including low-enriched uranium obtained under contracts for separative work units, whether or not such low-enriched uranium is derived from highly enriched uranium of weapons origin, may not exceed— (I) in calendar year 2023, 578,877 kilograms; (II) in calendar year 2024, 476,536 kilograms; (III) in calendar year 2025, 470,376 kilograms; (IV) in calendar year 2026, 464,183 kilograms; and (V) in calendar year 2027, 459,083 kilograms. (ii) Administration \nThe Secretary of Commerce shall— (I) administer the import limitations described in clause (i) in accordance with the provisions of the Suspension Agreement, including the provisions described in subsection (c)(2)(B)(i); (II) be responsible for enforcing the import limitations described in clause (i); and (III) enforce the import limitations described in clause (i) in a manner that imposes a minimal burden on the commercial nuclear industry. (C) Termination \nAny waiver issued under subparagraph (A) shall terminate not later than January 1, 2028. (D) Notification to Congress \n(i) In general \nUpon issuing a waiver under subparagraph (A), the Secretary of Energy shall submit to the committees specified in clause (ii) a notification that a waiver has been issued, which shall include identification of the recipient of the waiver. (ii) Committees specified \nThe committees specified in this clause are— (I) the Committee on Energy and Natural Resources and the Committee on Finance of the Senate; and (II) the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives. (3) Applicability \nThis subsection does not apply to imports— (A) by or under contract to the Department of Energy for national security or nonproliferation purposes; or (B) of non-uranium isotopes. (4) Termination \nThe provisions of this subsection shall terminate on December 31, 2040. (5) Russian entity defined \nIn this subsection, the term Russian entity means an entity organized under the laws of or otherwise subject to the jurisdiction of the Government of the Russian Federation..", "id": "HB9A37A709FBE4F58AFD751C6797D5CC2", "header": "Prohibition on imports", "nested": [], "links": [ { "text": "42 U.S.C. 2297h–10a", "legal-doc": "usc", "parsable-cite": "usc/42/2297h-10a" } ] }, { "text": "(b) Conforming amendments \n(1) In general \nSection 3112A(c) of the USEC Privatization Act (42 U.S.C. 2297h–10a(c)) is amended— (A) in paragraph (2)— (i) in subparagraph (A)— (I) in clause (viii), by inserting and after the semicolon at the end; (II) in clause (ix), by striking the semicolon and inserting a period; and (III) by striking clauses (x) through (xxvii); and (ii) in subparagraph (C)(i), by striking paragraph (10) and inserting paragraph (9) ; (B) in paragraph (3), by striking United States and all that follows through for processing and inserting United States for processing ; (C) by striking paragraph (5); (D) by redesignating paragraphs (6) through (12) as paragraphs (5) through (11), respectively; (E) in paragraph (5), as redesignated by subparagraph (D), by striking In addition to the adjustment under paragraph (5)(A), the and inserting The ; (F) in subparagraph (A) of paragraph (7), as so redesignated, by striking paragraph (10) and inserting paragraph (9) ; (G) in paragraph (8), as so redesignated, by striking December 31, 2040 and inserting the date described in subsection (d)(1) ; and (H) in subparagraph (A) of paragraph (9), as so redesignated, by striking paragraphs (2)(C) and (8) and inserting paragraphs (2)(C) and (7). (2) Effective date \nThe amendment to section 3112A(c)(2)(A)(x) of the USEC Privatization Act (42 U.S.C. 2297h–10a(c)(2)(A)(x)) made by paragraph (1)(A) of this subsection shall take effect on the date that is 90 days after the date of the enactment of this Act.", "id": "HAAC1A00D8B0C4631A0EC62A513E153D4", "header": "Conforming amendments", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 2297h–10a", "legal-doc": "usc", "parsable-cite": "usc/42/2297h-10a" } ] }, { "text": "5. Supply chain infrastructure and workforce capacity building \n(a) Supply chain infrastructure \nSection 10781(b)(1) of Public Law 117–167 (commonly known as the CHIPS and Science Act of 2022 ) ( 42 U.S.C. 19351(b)(1) ) is amended by striking and demonstration of advanced nuclear reactors and inserting demonstration, and deployment of advanced nuclear reactors and associated supply chain infrastructure. (b) Workforce capacity building \nSection 954(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16274(b) ) is amended— (1) in the subsection heading, by striking Graduate ; (2) by striking graduate each place it appears; (3) in paragraph (2)(A), by inserting community colleges, trade schools, registered apprenticeship programs, pre-apprenticeship programs, after universities, ; (4) in paragraph (3), by striking 2021 through 2025 and inserting 2023 through 2027 ; (5) by redesignating paragraph (3) as paragraph (4); and (6) by inserting after paragraph (2) the following: (3) Focus areas \nIn carrying out the subprogram under this subsection, the Secretary may implement traineeships in focus areas that, in the determination of the Secretary, are necessary to support the nuclear energy sector in the United States, including— (A) research and development; (B) construction and operation; (C) associated supply chains; and (D) workforce training and retraining to support transitioning workforces..", "id": "id83a5154826a441b4b80336d6f3a688ec", "header": "Supply chain infrastructure and workforce capacity building", "nested": [ { "text": "(a) Supply chain infrastructure \nSection 10781(b)(1) of Public Law 117–167 (commonly known as the CHIPS and Science Act of 2022 ) ( 42 U.S.C. 19351(b)(1) ) is amended by striking and demonstration of advanced nuclear reactors and inserting demonstration, and deployment of advanced nuclear reactors and associated supply chain infrastructure.", "id": "id8d23b08ccf8544399b6eb131a8de23c5", "header": "Supply chain infrastructure", "nested": [], "links": [ { "text": "Public Law 117–167", "legal-doc": "public-law", "parsable-cite": "pl/117/167" }, { "text": "42 U.S.C. 19351(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/19351" } ] }, { "text": "(b) Workforce capacity building \nSection 954(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16274(b) ) is amended— (1) in the subsection heading, by striking Graduate ; (2) by striking graduate each place it appears; (3) in paragraph (2)(A), by inserting community colleges, trade schools, registered apprenticeship programs, pre-apprenticeship programs, after universities, ; (4) in paragraph (3), by striking 2021 through 2025 and inserting 2023 through 2027 ; (5) by redesignating paragraph (3) as paragraph (4); and (6) by inserting after paragraph (2) the following: (3) Focus areas \nIn carrying out the subprogram under this subsection, the Secretary may implement traineeships in focus areas that, in the determination of the Secretary, are necessary to support the nuclear energy sector in the United States, including— (A) research and development; (B) construction and operation; (C) associated supply chains; and (D) workforce training and retraining to support transitioning workforces..", "id": "S1", "header": "Workforce capacity building", "nested": [], "links": [ { "text": "42 U.S.C. 16274(b)", "legal-doc": "usc", "parsable-cite": "usc/42/16274" } ] } ], "links": [ { "text": "Public Law 117–167", "legal-doc": "public-law", "parsable-cite": "pl/117/167" }, { "text": "42 U.S.C. 19351(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/19351" }, { "text": "42 U.S.C. 16274(b)", "legal-doc": "usc", "parsable-cite": "usc/42/16274" } ] } ]

[ "Advanced technology and technological innovations", "Electric power generation and transmission", "Employment and training programs", "Energy research", "Energy storage, supplies, demand", "Higher education", "Infrastructure development", "Licensing and registrations", "Lighting, heating, cooling", "Nuclear power", "Research administration and funding" ]

[ { "text": "1. Short title \nThis Act may be cited as the Block Grant Assistance Act of 2023.", "id": "HD24DA702FAF447569A8F8151A8BAFF09", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Disaster Relief Supplemental Appropriations Act, 2023, amendment \nTitle I of the Disaster Relief Supplemental Appropriations Act, 2023 (division N of Public Law 117–328 ), is amended, in the matter under the heading Office of the Secretary under the heading Processing, Research and Marketing under the heading AGRICULTURAL PROGRAMS under the heading DEPARTMENT OF AGRICULTURE , by inserting : Provided further , That the Secretary of Agriculture may provide assistance for losses described under this heading in this Act in the form of block grants to eligible States and territories before the period at the end.", "id": "HA8127E4424964C828FDDEB0113104A26", "header": "Disaster Relief Supplemental Appropriations Act, 2023, amendment", "nested": [], "links": [ { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" } ] } ]

[ "Agricultural insurance", "Disaster relief and insurance", "Fires", "Floods and storm protection", "Intergovernmental relations", "Natural disasters", "State and local finance" ]

[ { "text": "1. Short title \nThis Act may be cited as the Transportation Fuel Market Transparency Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Amendments to the prohibitions on market manipulation and false information provisions of the Energy Independence and Security Act of 2007 \n(a) Application to transportation fuel \nSubtitle B of title VIII of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17301 et seq. ) is amended— (1) in section 811, by striking gasoline or petroleum distillates and inserting or transportation fuel ; (2) in section 812— (A) in the matter preceding paragraph (1), by striking gasoline or petroleum distillates and inserting or transportation fuel ; and (B) in paragraph (3), by striking , gasoline, or petroleum distillates and inserting or transportation fuel ; and (3) by adding at the end the following new section: 816. Definition of transportation fuel \nIn this subtitle, the term transportation fuel includes gasoline, distillate fuels (including heating oil), jet fuel, aviation gasoline, and biofuel (including ethanol, biomass-based diesel and distillates, and renewable blending components).. (b) Prohibition on false information \nSection 812 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17302 ) is amended— (1) in the matter preceding paragraph (1)— (A) by striking wholesale and inserting supply of, operational actions related to, output related to, or wholesale ; and (B) by striking to a Federal department or agency ; (2) in paragraph (1), by adding and at the end; (3) by striking paragraph (2) and redesignating paragraph (3), as amended by subsection (a), as paragraph (2); and (4) in paragraph (2), as so redesignated, by striking the person intended the false or misleading data to affect data compiled by the department or agency and inserting the person intended the false or misleading information reported by the person to affect the analyses. (c) Enforcement \nSection 813(a) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17303(a) ) is amended by striking This subtitle and inserting Except as otherwise provided in section 814, this subtitle. (d) Penalties \nSection 814(b) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17304(b) ) is amended by striking section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) and inserting section 5(m)(1)(A) of the Federal Trade Commission Act ( 15 U.S.C. 45(m)(1)(A) ).", "id": "id92A89E693A9B471A93DF038ADCE8474D", "header": "Amendments to the prohibitions on market manipulation and false information provisions of the Energy Independence and Security Act of 2007", "nested": [ { "text": "(a) Application to transportation fuel \nSubtitle B of title VIII of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17301 et seq. ) is amended— (1) in section 811, by striking gasoline or petroleum distillates and inserting or transportation fuel ; (2) in section 812— (A) in the matter preceding paragraph (1), by striking gasoline or petroleum distillates and inserting or transportation fuel ; and (B) in paragraph (3), by striking , gasoline, or petroleum distillates and inserting or transportation fuel ; and (3) by adding at the end the following new section: 816. Definition of transportation fuel \nIn this subtitle, the term transportation fuel includes gasoline, distillate fuels (including heating oil), jet fuel, aviation gasoline, and biofuel (including ethanol, biomass-based diesel and distillates, and renewable blending components)..", "id": "id8AC1430C42A04ACA83AD5FFC677E7099", "header": "Application to transportation fuel", "nested": [], "links": [ { "text": "42 U.S.C. 17301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/17301" } ] }, { "text": "(b) Prohibition on false information \nSection 812 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17302 ) is amended— (1) in the matter preceding paragraph (1)— (A) by striking wholesale and inserting supply of, operational actions related to, output related to, or wholesale ; and (B) by striking to a Federal department or agency ; (2) in paragraph (1), by adding and at the end; (3) by striking paragraph (2) and redesignating paragraph (3), as amended by subsection (a), as paragraph (2); and (4) in paragraph (2), as so redesignated, by striking the person intended the false or misleading data to affect data compiled by the department or agency and inserting the person intended the false or misleading information reported by the person to affect the analyses.", "id": "id89EBA1DE5C53417083AF88283BEFE653", "header": "Prohibition on false information", "nested": [], "links": [ { "text": "42 U.S.C. 17302", "legal-doc": "usc", "parsable-cite": "usc/42/17302" } ] }, { "text": "(c) Enforcement \nSection 813(a) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17303(a) ) is amended by striking This subtitle and inserting Except as otherwise provided in section 814, this subtitle.", "id": "id1F5271A16FFF4F14B2E5B171CF7CB1D0", "header": "Enforcement", "nested": [], "links": [ { "text": "42 U.S.C. 17303(a)", "legal-doc": "usc", "parsable-cite": "usc/42/17303" } ] }, { "text": "(d) Penalties \nSection 814(b) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17304(b) ) is amended by striking section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) and inserting section 5(m)(1)(A) of the Federal Trade Commission Act ( 15 U.S.C. 45(m)(1)(A) ).", "id": "idAD9F3D1689DD468C95F71FB5CEDC895C", "header": "Penalties", "nested": [], "links": [ { "text": "42 U.S.C. 17304(b)", "legal-doc": "usc", "parsable-cite": "usc/42/17304" }, { "text": "15 U.S.C. 45", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "15 U.S.C. 45(m)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] } ], "links": [ { "text": "42 U.S.C. 17301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/17301" }, { "text": "42 U.S.C. 17302", "legal-doc": "usc", "parsable-cite": "usc/42/17302" }, { "text": "42 U.S.C. 17303(a)", "legal-doc": "usc", "parsable-cite": "usc/42/17303" }, { "text": "42 U.S.C. 17304(b)", "legal-doc": "usc", "parsable-cite": "usc/42/17304" }, { "text": "15 U.S.C. 45", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "15 U.S.C. 45(m)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "816. Definition of transportation fuel \nIn this subtitle, the term transportation fuel includes gasoline, distillate fuels (including heating oil), jet fuel, aviation gasoline, and biofuel (including ethanol, biomass-based diesel and distillates, and renewable blending components).", "id": "id068419328BF440C28A2890E92654FC7E", "header": "Definition of transportation fuel", "nested": [], "links": [] }, { "text": "3. Transportation fuel monitoring and enforcement within the Federal Trade Commission \n(a) Establishment of the transportation fuel monitoring and enforcement unit \n(1) In general \nThe Commission shall establish within the Commission the Transportation Fuel Monitoring and Enforcement Unit (in this section referred to as the Unit ). (2) Duties of the unit \n(A) Primary responsibility \nThe primary responsibility of the Unit shall be to assist the Commission in protecting the public interest by continuously and comprehensively collecting, monitoring, and analyzing crude oil and transportation fuel market data in order to— (i) support transparent and competitive market practices; (ii) identify any market manipulation, reporting of false information, use of market power to disadvantage consumers, or other unfair method of competition; and (iii) facilitate enforcement of penalties against persons in violation of relevant statutory prohibitions. (B) Specific duties \nIn order to carry out the responsibility under subparagraph (A), the Unit shall assist the Commission in carrying out the following duties: (i) Receiving, compiling, and analyzing relevant buying and selling activity in order to identify and investigate anomalous market trends and potential market manipulation. (ii) Gathering evidence of wrongdoing against any person in violation of the statutory prohibitions on market manipulation and false information established in, and consistent with, subtitle B of title VIII of the Energy Independence and Security Act of 2007, as amended by section 2, or any other applicable provisions of the Federal Trade Commission Act ( 15 U.S.C. 45 et seq. ). (iii) Obtaining a data-sharing agreement with the Energy Information Administration that includes the data collected in accordance with section 205(n) of the Department of Energy Organization Act ( 42 U.S.C. 7135 ), as amended by section 4. (iv) Obtaining data-sharing agreements with the Commodities Futures Trading Commission, the Federal Energy Regulatory Commission, and as necessary and practicable, State energy offices or commissions, and relevant public and private data sources that will allow the Commission to receive and archive information on— (I) crude oil and transportation fuel buying and selling activity; (II) individual physical and financial market positions of market participants regarding crude oil and transportation fuel; (III) refinery output, capacity, and inventory levels of crude oil and transportation fuel; (IV) imports and exports of crude oil and transportation fuel within regions and at levels that could impact prices faced by consumers; (V) public announcements by energy companies of planned pricing or output decisions regarding crude oil and transportation fuel; and (VI) other relevant market information that will facilitate the gathering of evidence described in clause (ii), including sufficient market information necessary to monitor for cross-market manipulations that may include multiple financial and physical market positions. (v) Any other information determined appropriate by the Commission to carry out the responsibility under subparagraph (A). (b) Definitions \nIn this section: (1) Commission \nOther than in subsection (a)(2)(B)(iv), the term Commission means the Federal Trade Commission. (2) Transportation fuel \nThe term transportation fuel includes gasoline, distillate fuels (including heating oil), jet fuel, aviation gasoline, and biofuel (including ethanol, biomass-based diesel and distillates, and renewable blending components). (c) Regulations \nNot later than 90 days after the date of enactment of this Act, the Commission shall promulgate regulations to carry out this section. (d) Authorization of appropriations \nThere is authorized to be appropriated to the Commission such sums as may be necessary for each of fiscal years 2023 through 2028 to carry out this section.", "id": "idE6A7040126C440DDAACE04A776136480", "header": "Transportation fuel monitoring and enforcement within the Federal Trade Commission", "nested": [ { "text": "(a) Establishment of the transportation fuel monitoring and enforcement unit \n(1) In general \nThe Commission shall establish within the Commission the Transportation Fuel Monitoring and Enforcement Unit (in this section referred to as the Unit ). (2) Duties of the unit \n(A) Primary responsibility \nThe primary responsibility of the Unit shall be to assist the Commission in protecting the public interest by continuously and comprehensively collecting, monitoring, and analyzing crude oil and transportation fuel market data in order to— (i) support transparent and competitive market practices; (ii) identify any market manipulation, reporting of false information, use of market power to disadvantage consumers, or other unfair method of competition; and (iii) facilitate enforcement of penalties against persons in violation of relevant statutory prohibitions. (B) Specific duties \nIn order to carry out the responsibility under subparagraph (A), the Unit shall assist the Commission in carrying out the following duties: (i) Receiving, compiling, and analyzing relevant buying and selling activity in order to identify and investigate anomalous market trends and potential market manipulation. (ii) Gathering evidence of wrongdoing against any person in violation of the statutory prohibitions on market manipulation and false information established in, and consistent with, subtitle B of title VIII of the Energy Independence and Security Act of 2007, as amended by section 2, or any other applicable provisions of the Federal Trade Commission Act ( 15 U.S.C. 45 et seq. ). (iii) Obtaining a data-sharing agreement with the Energy Information Administration that includes the data collected in accordance with section 205(n) of the Department of Energy Organization Act ( 42 U.S.C. 7135 ), as amended by section 4. (iv) Obtaining data-sharing agreements with the Commodities Futures Trading Commission, the Federal Energy Regulatory Commission, and as necessary and practicable, State energy offices or commissions, and relevant public and private data sources that will allow the Commission to receive and archive information on— (I) crude oil and transportation fuel buying and selling activity; (II) individual physical and financial market positions of market participants regarding crude oil and transportation fuel; (III) refinery output, capacity, and inventory levels of crude oil and transportation fuel; (IV) imports and exports of crude oil and transportation fuel within regions and at levels that could impact prices faced by consumers; (V) public announcements by energy companies of planned pricing or output decisions regarding crude oil and transportation fuel; and (VI) other relevant market information that will facilitate the gathering of evidence described in clause (ii), including sufficient market information necessary to monitor for cross-market manipulations that may include multiple financial and physical market positions. (v) Any other information determined appropriate by the Commission to carry out the responsibility under subparagraph (A).", "id": "id8f29f4cfcad34ce0903751d307f0ea8d", "header": "Establishment of the transportation fuel monitoring and enforcement unit", "nested": [], "links": [ { "text": "15 U.S.C. 45 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "42 U.S.C. 7135", "legal-doc": "usc", "parsable-cite": "usc/42/7135" } ] }, { "text": "(b) Definitions \nIn this section: (1) Commission \nOther than in subsection (a)(2)(B)(iv), the term Commission means the Federal Trade Commission. (2) Transportation fuel \nThe term transportation fuel includes gasoline, distillate fuels (including heating oil), jet fuel, aviation gasoline, and biofuel (including ethanol, biomass-based diesel and distillates, and renewable blending components).", "id": "id6A987CD0E3DB42BDA7A4CA9215F6E17C", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Regulations \nNot later than 90 days after the date of enactment of this Act, the Commission shall promulgate regulations to carry out this section.", "id": "id369cfaff1bd44a4c86b071ca066b3c7e", "header": "Regulations", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nThere is authorized to be appropriated to the Commission such sums as may be necessary for each of fiscal years 2023 through 2028 to carry out this section.", "id": "id6ec9f72b211940ffa7584d5348feac4c", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 45 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "42 U.S.C. 7135", "legal-doc": "usc", "parsable-cite": "usc/42/7135" } ] }, { "text": "4. Transportation fuel market transparency \nSection 205 of the Department of Energy Organization Act ( 42 U.S.C. 7135 ) is amended by adding at the end the following: (n) Transportation fuel market transparency \n(1) Definitions \nIn this subsection: (A) Energy company \nThe term energy company means a person (as defined in section 11(e) of the Energy Supply and Environmental Coordination Act of 1974 ( 15 U.S.C. 796(e) )) that— (i) owns or controls commercial amounts of crude oil or transportation fuel; or (ii) is engaged in— (I) exploration for, or development of, crude oil; (II) extraction of crude oil; (III) refining or otherwise processing crude oil or transportation fuel; (IV) commercial storage of crude oil or transportation fuel; (V) transportation by any means of commercial amounts of crude oil or transportation fuel; or (VI) wholesale or retail distribution of crude oil or transportation fuel. (B) Transportation fuel \nThe term transportation fuel means— (i) gasoline; (ii) distillate fuels, including heating oil; (iii) jet fuel; (iv) aviation gasoline; and (v) biofuel, including ethanol, biomass-based diesel and distillates, and renewable blending components. (2) Purpose \nThe purpose of this subsection is to collect data necessary to facilitate transparent and competitive transportation fuel markets, determine adherence to relevant international sanctions, and protect consumers. (3) Surveys \n(A) In general \nThe Administrator shall conduct surveys of energy companies to collect detailed and timely information on United States crude oil and transportation fuel markets. (B) Exemption \nThe Administrator shall exempt an energy company from participating in the surveys conducted under subparagraph (A) if the energy company has a de minimis market presence or impact, as determined by the Administrator. (4) Data collected \n(A) In general \nThe surveys conducted under paragraph (3) shall collect information on a national, regional, State, and energy company basis. (B) Information \nThe surveys conducted under paragraph (3) shall collect the following information with respect to crude oil and transportation fuel, as applicable: (i) The quantity of crude oil and transportation fuel imported and exported. (ii) The quantity of crude oil and transportation fuel refined, stored, and transported. (iii) The quantity of crude oil and transportation fuel entering final retail and commercial commerce. (iv) The quantity of crude oil and transportation fuel purchased and sold at any upstream point between energy companies, including off-exchange bilateral sales and sales between subsidiaries of the same energy company. (v) Market price data for the transactions described in clauses (i) through (iv). (vi) Submissions to relevant price reporting entities. (vii) Any other such data, analyses, or evaluations that the Administrator determines is necessary to achieve the purpose described in paragraph (2). (C) Origin of fuel \nIn obtaining the information described in subparagraph (B), the Administrator shall, to the maximum extent practicable, track and publish the country of original production of crude oil and transportation fuel that may have been resold, refined, blended, stored, or otherwise been exchanged or sold before being imported or exported into the United States. (D) Other sources \nThe Administrator may, when practicable and determined reliable by the Administrator, obtain information described in subparagraph (B) from private price publishers and providers of trade processing services. (5) Minimizing reporting burdens \nThe Administrator shall seek to minimize any burdens on energy companies in reporting information to the Administrator, including by automating data submission practices for data collected under the surveys conducted under paragraph (3). (6) Public distribution \n(A) In general \nTo the maximum extent practicable, subject to this paragraph, the Administrator shall consistently and promptly make publicly available analyses of the results of the data collected pursuant to this subsection in a form and manner easily adaptable for public use and machine analysis. (B) Geographical specificity \nAnalyses published under subparagraph (A)— (i) shall be geographically specific enough to provide meaningful differentiation between fuel markets; and (ii) shall not organize geographical data in the form of Petroleum Administration for Defense Districts or other geographic aggregations lacking sufficient resolution to ascertain regionally specific market trends or disparities. (C) Nondisclosure \nAny analysis published under subparagraph (A) shall not disclose matters exempted from mandatory disclosure under section 552(b) of title 5, United States Code. (7) Data-sharing agreements \n(A) Federal Trade Commission \nNotwithstanding subchapter III of chapter 35 of title 44, United States Code (commonly known as the Confidential Information Protection and Statistical Efficiency Act of 2018 ), not later than 1 year after the date of enactment of this subsection, the Administrator shall enter into a data-sharing agreement with the Federal Trade Commission that shall allow any information collected pursuant to this subsection to be requested by and transferred to the Federal Trade Commission without limitation or delay. (B) Other Federal agencies \nThe Administrator may enter into data-sharing agreements with other Federal agencies that have energy-related policy decision-making responsibilities, including the Commodity Futures Trading Commission, the Federal Energy Regulatory Commission, and the Securities and Exchange Commission.. (9) Authorization of appropriations \nThere is authorized to be appropriated to the Administrator to carry out this section such sums as are necessary for each of fiscal years 2023 through 2028..", "id": "idd984d4168d25443eb4e6cdf28258f66d", "header": "Transportation fuel market transparency", "nested": [], "links": [ { "text": "42 U.S.C. 7135", "legal-doc": "usc", "parsable-cite": "usc/42/7135" }, { "text": "15 U.S.C. 796(e)", "legal-doc": "usc", "parsable-cite": "usc/15/796" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] }, { "text": "5. Report on FTC enforcement actions based on the market manipulation and false information provisions of the Energy Independence and Security Act of 2007 \n(a) Report \nNot later than 90 days after the date of enactment of this Act, the Federal Trade Commission (in this section referred to as the Commission ) shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report regarding the enforcement actions of the Commission against prohibited market manipulation or false information under section 813 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17303 ) during the calendar year commencing on January 1, 2022, and the preceding 5 calendar years. (b) Report contents \nThe report required under subsection (a) shall include, for each calendar year— (1) the number of enforcement actions initiated; and (2) the number of enforcement actions completed, including— (A) the number of such actions that resulted in a violation of section 811 or 812 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17301 , 17302), including— (i) the average number of violations per enforcement action; (ii) the average civil penalty assessed in each enforcement action; and (iii) the aggregate civil penalties collected by the Commission during the calendar year; and (B) the number of such actions that resulted in a finding of no violation of such section 811 or 812.", "id": "id66CA2FEB1D61412F856D5E0749E74612", "header": "Report on FTC enforcement actions based on the market manipulation and false information provisions of the Energy Independence and Security Act of 2007", "nested": [ { "text": "(a) Report \nNot later than 90 days after the date of enactment of this Act, the Federal Trade Commission (in this section referred to as the Commission ) shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report regarding the enforcement actions of the Commission against prohibited market manipulation or false information under section 813 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17303 ) during the calendar year commencing on January 1, 2022, and the preceding 5 calendar years.", "id": "id1360BA5D4F1041DE85AC343C5FB69322", "header": "Report", "nested": [], "links": [ { "text": "42 U.S.C. 17303", "legal-doc": "usc", "parsable-cite": "usc/42/17303" } ] }, { "text": "(b) Report contents \nThe report required under subsection (a) shall include, for each calendar year— (1) the number of enforcement actions initiated; and (2) the number of enforcement actions completed, including— (A) the number of such actions that resulted in a violation of section 811 or 812 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17301 , 17302), including— (i) the average number of violations per enforcement action; (ii) the average civil penalty assessed in each enforcement action; and (iii) the aggregate civil penalties collected by the Commission during the calendar year; and (B) the number of such actions that resulted in a finding of no violation of such section 811 or 812.", "id": "idFA2933763E3747DEAF8233572E0DADF8", "header": "Report contents", "nested": [], "links": [ { "text": "42 U.S.C. 17301", "legal-doc": "usc", "parsable-cite": "usc/42/17301" } ] } ], "links": [ { "text": "42 U.S.C. 17303", "legal-doc": "usc", "parsable-cite": "usc/42/17303" }, { "text": "42 U.S.C. 17301", "legal-doc": "usc", "parsable-cite": "usc/42/17301" } ] }, { "text": "6. Savings clause \nNothing in this Act shall be construed to alter or expand the authority of the Federal Trade Commission.", "id": "idBEC7FD6154F946E380E9D13C20013458", "header": "Savings clause", "nested": [], "links": [] } ]

[ "Alternative and renewable resources", "Aviation and airports", "Civil actions and liability", "Competition and antitrust", "Consumer affairs", "Energy prices", "Executive agency funding and structure", "Federal Trade Commission (FTC)", "Fraud offenses and financial crimes", "Government information and archives", "Lighting, heating, cooling", "Motor fuels", "Oil and gas" ]

[ { "text": "That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Homeland Security for the fiscal year ending September 30, 2024, and for other purposes, namely:", "id": "S1", "header": null, "nested": [], "links": [] }, { "text": "101. (a) The Secretary of Homeland Security shall submit a report not later than October 15, 2024, to the Inspector General of the Department of Homeland Security listing all grants and contracts awarded by any means other than full and open competition during fiscal years 2023 or 2024. (b) The Inspector General shall review the report required by subsection (a) to assess departmental compliance with applicable laws and regulations and report the results of that review to the Committees on Appropriations of the Senate and the House of Representatives not later than February 14, 2025.", "id": "id91E8A890D06B46F19D632DAD95A45BE3", "header": null, "nested": [ { "text": "(a) The Secretary of Homeland Security shall submit a report not later than October 15, 2024, to the Inspector General of the Department of Homeland Security listing all grants and contracts awarded by any means other than full and open competition during fiscal years 2023 or 2024.", "id": "id752752e17ad54385b4cae33444425cbf", "header": null, "nested": [], "links": [] }, { "text": "(b) The Inspector General shall review the report required by subsection (a) to assess departmental compliance with applicable laws and regulations and report the results of that review to the Committees on Appropriations of the Senate and the House of Representatives not later than February 14, 2025.", "id": "id121e4a43a3de4391ba0a77476f650872", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "102. Not later than 30 days after the last day of each month, the Chief Financial Officer of the Department of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a monthly budget and staffing report that includes total obligations of the Department for that month and for the fiscal year at the appropriation and program, project, and activity levels, by the source year of the appropriation.", "id": "id261ECCCA1D5A4BFA9D67FECBF87813FF", "header": null, "nested": [], "links": [] }, { "text": "103. (a) The Secretary of Homeland Security, in consultation with the Secretary of the Treasury, shall notify the Committees on Appropriations of the Senate and the House of Representatives of any proposed transfers of funds available under section 9705(g)(4)(B) of title 31, United States Code, from the Department of the Treasury Forfeiture Fund to any agency within the Department of Homeland Security. (b) None of the funds identified for such a transfer may be obligated until the Committees on Appropriations of the Senate and the House of Representatives are notified of the proposed transfer.", "id": "idE34F2728E36A40E69F70E91714115E71", "header": null, "nested": [ { "text": "(a) The Secretary of Homeland Security, in consultation with the Secretary of the Treasury, shall notify the Committees on Appropriations of the Senate and the House of Representatives of any proposed transfers of funds available under section 9705(g)(4)(B) of title 31, United States Code, from the Department of the Treasury Forfeiture Fund to any agency within the Department of Homeland Security.", "id": "ide744c4bf24684022a793906d8a767d3f", "header": null, "nested": [], "links": [] }, { "text": "(b) None of the funds identified for such a transfer may be obligated until the Committees on Appropriations of the Senate and the House of Representatives are notified of the proposed transfer.", "id": "id44ef8693ebdb428d91c0782da297ceb2", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "104. All official costs associated with the use of Government aircraft by Department of Homeland Security personnel to support official travel of the Secretary and the Deputy Secretary shall be paid from amounts made available for the Office of the Secretary.", "id": "id6498FEC151B8402C93D9A5F023085FD3", "header": null, "nested": [], "links": [] }, { "text": "105. (a) The Under Secretary for Management shall brief the Committees on Appropriations of the Senate and the House of Representatives not later than 45 days after the end of each fiscal quarter on all Level 1 and Level 2 acquisition programs on the Master Acquisition Oversight list between Acquisition Decision Event and Full Operational Capability, including programs that have been removed from such list during the preceding quarter. (b) For each such program, the briefing described in subsection (a) shall include— (1) a description of the purpose of the program, including the capabilities being acquired and the component(s) sponsoring the acquisition; (2) the total number of units, as appropriate, to be acquired annually until procurement is complete under the current acquisition program baseline; (3) the Acquisition Review Board status, including— (A) the current acquisition phase by increment, as applicable; (B) the date of the most recent review; and (C) whether the program has been paused or is in breach status; (4) a comparison between the initial Department-approved acquisition program baseline cost, schedule, and performance thresholds and objectives and the program's current such thresholds and objectives, if applicable; (5) the lifecycle cost estimate, adjusted for comparison to the Future Years Homeland Security Program, including— (A) the confidence level for the estimate; (B) the fiscal years included in the estimate; (C) a breakout of the estimate for the prior five years, the current year, and the budget year; (D) a breakout of the estimate by appropriation account or other funding source; and (E) a description of and rationale for any changes to the estimate as compared to the previously approved baseline, as applicable, and during the prior fiscal year; (6) a summary of the findings of any independent verification and validation of the items to be acquired or an explanation for why no such verification and validation has been performed; (7) a table displaying the obligation of all program funds by prior fiscal year, the estimated obligation of funds for the current fiscal year, and an estimate for the planned carryover of funds into the subsequent fiscal year; (8) a listing of prime contractors and major subcontractors; and (9) narrative descriptions of risks to cost, schedule, or performance that could result in a program breach if not successfully mitigated. (c) The Under Secretary for Management shall submit each approved Acquisition Decision Memorandum for programs described in this section to the Committees on Appropriations of the Senate and the House of Representatives not later than five business days after the date of approval of such memorandum by the Under Secretary for Management or the designee of the Under Secretary.", "id": "idB7B668DC2F974003A18E3AE44CDDD910", "header": null, "nested": [ { "text": "(a) The Under Secretary for Management shall brief the Committees on Appropriations of the Senate and the House of Representatives not later than 45 days after the end of each fiscal quarter on all Level 1 and Level 2 acquisition programs on the Master Acquisition Oversight list between Acquisition Decision Event and Full Operational Capability, including programs that have been removed from such list during the preceding quarter.", "id": "id1f70bb2005d54fcd8f5af10ae485df30", "header": null, "nested": [], "links": [] }, { "text": "(b) For each such program, the briefing described in subsection (a) shall include— (1) a description of the purpose of the program, including the capabilities being acquired and the component(s) sponsoring the acquisition; (2) the total number of units, as appropriate, to be acquired annually until procurement is complete under the current acquisition program baseline; (3) the Acquisition Review Board status, including— (A) the current acquisition phase by increment, as applicable; (B) the date of the most recent review; and (C) whether the program has been paused or is in breach status; (4) a comparison between the initial Department-approved acquisition program baseline cost, schedule, and performance thresholds and objectives and the program's current such thresholds and objectives, if applicable; (5) the lifecycle cost estimate, adjusted for comparison to the Future Years Homeland Security Program, including— (A) the confidence level for the estimate; (B) the fiscal years included in the estimate; (C) a breakout of the estimate for the prior five years, the current year, and the budget year; (D) a breakout of the estimate by appropriation account or other funding source; and (E) a description of and rationale for any changes to the estimate as compared to the previously approved baseline, as applicable, and during the prior fiscal year; (6) a summary of the findings of any independent verification and validation of the items to be acquired or an explanation for why no such verification and validation has been performed; (7) a table displaying the obligation of all program funds by prior fiscal year, the estimated obligation of funds for the current fiscal year, and an estimate for the planned carryover of funds into the subsequent fiscal year; (8) a listing of prime contractors and major subcontractors; and (9) narrative descriptions of risks to cost, schedule, or performance that could result in a program breach if not successfully mitigated.", "id": "ideb76376cedf04d9f8a23b95127af6cf9", "header": null, "nested": [], "links": [] }, { "text": "(c) The Under Secretary for Management shall submit each approved Acquisition Decision Memorandum for programs described in this section to the Committees on Appropriations of the Senate and the House of Representatives not later than five business days after the date of approval of such memorandum by the Under Secretary for Management or the designee of the Under Secretary.", "id": "id3de4ad09b038476d9fb5207e68b63b31", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "106. (a) None of the funds made available to the Department of Homeland Security in this Act or prior appropriations Acts may be obligated for any new pilot or demonstration unless the component or office carrying out such pilot or demonstration has documented the information described in subsection (c). (b) Prior to the obligation of any such funds made available for Operations and Support for a new pilot or demonstration, the Under Secretary for Management shall provide a report to the Committees on Appropriations of the Senate and the House of Representatives on the information described in subsection (c). (c) The information required under subsections (a) and (b) for a pilot or demonstration shall include the following— (1) documented objectives that are well-defined and measurable; (2) an assessment methodology that details— (A) the type and source of assessment data; (B) the methods for, and frequency of, collecting such data; and (C) how such data will be analyzed; and (3) an implementation plan, including milestones, cost estimates, and implementation schedules, including a projected end date. (d) Not later than 90 days after the date of completion of a pilot or demonstration described in subsection (e), the Under Secretary for Management shall provide a report to the Committees on Appropriations of the Senate and the House of Representatives detailing lessons learned, actual costs, any planned expansion or continuation of the pilot or demonstration, and any planned transition of such pilot or demonstration into an enduring program or operation. (e) For the purposes of this section, a pilot or demonstration program is a study, demonstration, experimental program, or trial that— (1) is a small-scale, short-term experiment conducted in order to evaluate feasibility, duration, costs, or adverse events, and improve upon the design of an effort prior to implementation of a larger scale effort; and (2) uses more than 10 full-time equivalents or obligates, or proposes to obligate, $5,000,000 or more, but does not include congressionally directed programs or enhancements and does not include programs that were in operation as of March 15, 2022. (f) For the purposes of this section, a pilot or demonstration does not include any testing, evaluation, or initial deployment phase executed under a procurement contract for the acquisition of information technology services or systems, or any pilot or demonstration carried out by a non-Federal recipient under any financial assistance agreement funded by the Department.", "id": "idABBA8BA15DD7470BA61421A9D7153360", "header": null, "nested": [ { "text": "(a) None of the funds made available to the Department of Homeland Security in this Act or prior appropriations Acts may be obligated for any new pilot or demonstration unless the component or office carrying out such pilot or demonstration has documented the information described in subsection (c).", "id": "idcefd581c79cb433298b649ec9996148d", "header": null, "nested": [], "links": [] }, { "text": "(b) Prior to the obligation of any such funds made available for Operations and Support for a new pilot or demonstration, the Under Secretary for Management shall provide a report to the Committees on Appropriations of the Senate and the House of Representatives on the information described in subsection (c).", "id": "idb370f2abe3ca42b38673cc4ad2db1b6f", "header": null, "nested": [], "links": [] }, { "text": "(c) The information required under subsections (a) and (b) for a pilot or demonstration shall include the following— (1) documented objectives that are well-defined and measurable; (2) an assessment methodology that details— (A) the type and source of assessment data; (B) the methods for, and frequency of, collecting such data; and (C) how such data will be analyzed; and (3) an implementation plan, including milestones, cost estimates, and implementation schedules, including a projected end date.", "id": "idb05ea7f6f4ae43338c2e2e7b866d715a", "header": null, "nested": [], "links": [] }, { "text": "(d) Not later than 90 days after the date of completion of a pilot or demonstration described in subsection (e), the Under Secretary for Management shall provide a report to the Committees on Appropriations of the Senate and the House of Representatives detailing lessons learned, actual costs, any planned expansion or continuation of the pilot or demonstration, and any planned transition of such pilot or demonstration into an enduring program or operation.", "id": "id7169e71ec8b54569b941b0169ed5b1fa", "header": null, "nested": [], "links": [] }, { "text": "(e) For the purposes of this section, a pilot or demonstration program is a study, demonstration, experimental program, or trial that— (1) is a small-scale, short-term experiment conducted in order to evaluate feasibility, duration, costs, or adverse events, and improve upon the design of an effort prior to implementation of a larger scale effort; and (2) uses more than 10 full-time equivalents or obligates, or proposes to obligate, $5,000,000 or more, but does not include congressionally directed programs or enhancements and does not include programs that were in operation as of March 15, 2022.", "id": "id290a6be169a24033aaaea7742caf01c6", "header": null, "nested": [], "links": [] }, { "text": "(f) For the purposes of this section, a pilot or demonstration does not include any testing, evaluation, or initial deployment phase executed under a procurement contract for the acquisition of information technology services or systems, or any pilot or demonstration carried out by a non-Federal recipient under any financial assistance agreement funded by the Department.", "id": "id714CD3F8E75B4F1EA784DBBAD11E42E8", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "201. Section 201 of the Department of Homeland Security Appropriations Act, 2018 (division F of Public Law 115–141 ), related to overtime compensation limitations, shall apply with respect to funds made available in this Act in the same manner as such section applied to funds made available in that Act, except that fiscal year 2024 shall be substituted for fiscal year 2018.", "id": "idF64773DD0CF84AADAACE0681512308D1", "header": null, "nested": [], "links": [ { "text": "Public Law 115–141", "legal-doc": "public-law", "parsable-cite": "pl/115/141" } ] }, { "text": "202. Funding made available under the headings U.S. Customs and Border Protection—Operations and Support and U.S. Customs and Border Protection—Procurement, Construction, and Improvements shall be available for customs expenses when necessary to maintain operations and prevent adverse personnel actions in Puerto Rico and the U.S. Virgin Islands, in addition to funding provided by sections 740 and 1406i of title 48, United States Code.", "id": "id76822A79EE9A462EA19BFFF0AE9D3EA3", "header": null, "nested": [], "links": [] }, { "text": "203. As authorized by section 601(b) of the United States-Colombia Trade Promotion Agreement Implementation Act ( Public Law 112–42 ), fees collected from passengers arriving from Canada, Mexico, or an adjacent island pursuant to section 13031(a)(5) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(a)(5) ) shall be available until expended.", "id": "id7ABF4C24FB38454EA8B5291ED0AF0020", "header": null, "nested": [], "links": [ { "text": "Public Law 112–42", "legal-doc": "public-law", "parsable-cite": "pl/112/42" }, { "text": "19 U.S.C. 58c(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/19/58c" } ] }, { "text": "204. (a) For an additional amount for U.S. Customs and Border Protection—Operations and Support , $31,000,000, to remain available until expended, to be reduced by amounts collected and credited to this appropriation in fiscal year 2024 from amounts authorized to be collected by section 286(i) of the Immigration and Nationality Act ( 8 U.S.C. 1356(i) ), section 10412 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8311 ), and section 817 of the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–125 ), or other such authorizing language. (b) To the extent that amounts realized from such collections exceed $31,000,000, those amounts in excess of $31,000,000 shall be credited to this appropriation, to remain available until expended.", "id": "id18CBFF19C8404B95A83120B7EFB0B2FB", "header": null, "nested": [ { "text": "(a) For an additional amount for U.S. Customs and Border Protection—Operations and Support , $31,000,000, to remain available until expended, to be reduced by amounts collected and credited to this appropriation in fiscal year 2024 from amounts authorized to be collected by section 286(i) of the Immigration and Nationality Act ( 8 U.S.C. 1356(i) ), section 10412 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8311 ), and section 817 of the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–125 ), or other such authorizing language.", "id": "id5668573951504ae9b15d65c01236579d", "header": null, "nested": [], "links": [ { "text": "8 U.S.C. 1356(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1356" }, { "text": "7 U.S.C. 8311", "legal-doc": "usc", "parsable-cite": "usc/7/8311" }, { "text": "Public Law 114–125", "legal-doc": "public-law", "parsable-cite": "pl/114/125" } ] }, { "text": "(b) To the extent that amounts realized from such collections exceed $31,000,000, those amounts in excess of $31,000,000 shall be credited to this appropriation, to remain available until expended.", "id": "id4444f05febc44247a298f3655e606057", "header": null, "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1356(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1356" }, { "text": "7 U.S.C. 8311", "legal-doc": "usc", "parsable-cite": "usc/7/8311" }, { "text": "Public Law 114–125", "legal-doc": "public-law", "parsable-cite": "pl/114/125" } ] }, { "text": "205. None of the funds made available in this Act for U.S. Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription drug (within the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a prescription drug from Canada that complies with the Federal Food, Drug, and Cosmetic Act: Provided, That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription drug, not to exceed a 90-day supply: Provided further, That the prescription drug may not be— (1) a controlled substance, as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); or (2) a biological product, as defined in section 351 of the Public Health Service Act ( 42 U.S.C. 262 ).", "id": "idD94B326AE0DA4846AEF55C062343092E", "header": null, "nested": [], "links": [ { "text": "21 U.S.C. 802", "legal-doc": "usc", "parsable-cite": "usc/21/802" }, { "text": "42 U.S.C. 262", "legal-doc": "usc", "parsable-cite": "usc/42/262" } ] }, { "text": "206. (a) Notwithstanding any other provision of law, none of the funds provided in this or any other Act shall be used to approve a waiver of the navigation and vessel-inspection laws pursuant to section 501(b) of title 46, United States Code, for the transportation of crude oil distributed from and to the Strategic Petroleum Reserve until the Secretary of Homeland Security, after consultation with the Secretaries of the Departments of Energy and Transportation and representatives from the United States flag maritime industry, takes adequate measures to ensure the use of United States flag vessels. (b) The Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives within 2 business days of any request for waivers of navigation and vessel-inspection laws pursuant to section 501(b) of title 46, United States Code, with respect to such transportation, and the disposition of such requests.", "id": "id989C6BF07C6B45F2AC93F56F78CCED93", "header": null, "nested": [ { "text": "(a) Notwithstanding any other provision of law, none of the funds provided in this or any other Act shall be used to approve a waiver of the navigation and vessel-inspection laws pursuant to section 501(b) of title 46, United States Code, for the transportation of crude oil distributed from and to the Strategic Petroleum Reserve until the Secretary of Homeland Security, after consultation with the Secretaries of the Departments of Energy and Transportation and representatives from the United States flag maritime industry, takes adequate measures to ensure the use of United States flag vessels.", "id": "idedd2e73c7d574a27b474ffbb38cc4833", "header": null, "nested": [], "links": [] }, { "text": "(b) The Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives within 2 business days of any request for waivers of navigation and vessel-inspection laws pursuant to section 501(b) of title 46, United States Code, with respect to such transportation, and the disposition of such requests.", "id": "id1a127476898e4cd4b3e51af9fda70532", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "207. (a) Beginning on the date of enactment of this Act, the Secretary of Homeland Security shall not— (1) establish, collect, or otherwise impose any new border crossing fee on individuals crossing the Southern border or the Northern border at a land port of entry; or (2) conduct any study relating to the imposition of a border crossing fee. (b) In this section, the term border crossing fee means a fee that every pedestrian, cyclist, and driver and passenger of a private motor vehicle is required to pay for the privilege of crossing the Southern border or the Northern border at a land port of entry.", "id": "id965642212E134039BB04755F9ED3662A", "header": null, "nested": [ { "text": "(a) Beginning on the date of enactment of this Act, the Secretary of Homeland Security shall not— (1) establish, collect, or otherwise impose any new border crossing fee on individuals crossing the Southern border or the Northern border at a land port of entry; or (2) conduct any study relating to the imposition of a border crossing fee.", "id": "idb41cb432d7e54729b5b5a73c4fcecee7", "header": null, "nested": [], "links": [] }, { "text": "(b) In this section, the term border crossing fee means a fee that every pedestrian, cyclist, and driver and passenger of a private motor vehicle is required to pay for the privilege of crossing the Southern border or the Northern border at a land port of entry.", "id": "id4320b86bd62e43d684ac638138ef2427", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "208. (a) Not later than 90 days after the date of enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall submit an expenditure plan for any amounts made available for U.S. Customs and Border Protection—Procurement, Construction, and Improvements in this Act and prior Acts to the Committees on Appropriations of the Senate and the House of Representatives. (b) No such amounts provided in this Act may be obligated prior to the submission of such plan.", "id": "id95473FE222FB40B79BAFD6AC80131FC0", "header": null, "nested": [ { "text": "(a) Not later than 90 days after the date of enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall submit an expenditure plan for any amounts made available for U.S. Customs and Border Protection—Procurement, Construction, and Improvements in this Act and prior Acts to the Committees on Appropriations of the Senate and the House of Representatives.", "id": "idb0b78c8b0fda45f6b87e22a6ad6e3061", "header": null, "nested": [], "links": [] }, { "text": "(b) No such amounts provided in this Act may be obligated prior to the submission of such plan.", "id": "id76be766c2118453288e36ca973d5eaa2", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "209. Section 211 of the Department of Homeland Security Appropriations Act, 2021 (division F of Public Law 116–260 ), prohibiting the use of funds for the construction of fencing in certain areas, shall apply with respect to funds made available in this Act in the same manner as such section applied to funds made available in that Act.", "id": "id80BFC004F28E4F298F4C67EE6A5D57BB", "header": null, "nested": [], "links": [ { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" } ] }, { "text": "210. (a) Funds made available in this Act may be used to alter operations within the National Targeting Center of U.S. Customs and Border Protection. (b) None of the funds provided by this Act, provided by previous appropriations Acts that remain available for obligation or expenditure in fiscal year 2024, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the components funded by this Act, may be used to reduce anticipated or planned vetting operations at existing locations unless specifically authorized by a statute enacted after the date of enactment of this Act.", "id": "id1F3A46ED1B5D4E9CADADAA199ACDAA23", "header": null, "nested": [ { "text": "(a) Funds made available in this Act may be used to alter operations within the National Targeting Center of U.S. Customs and Border Protection.", "id": "id6dbb72cb40d64314a44ccfc0b74251a6", "header": null, "nested": [], "links": [] }, { "text": "(b) None of the funds provided by this Act, provided by previous appropriations Acts that remain available for obligation or expenditure in fiscal year 2024, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the components funded by this Act, may be used to reduce anticipated or planned vetting operations at existing locations unless specifically authorized by a statute enacted after the date of enactment of this Act.", "id": "id1984574a2c73486b92333780c90ff0bd", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "211. Of the total amount made available under U.S. Customs and Border Protection—Procurement, Construction, and Improvements , $1,152,529,000 shall be available only as follows: (1) $263,300,000 for the acquisition and deployment of border security technologies; (2) $644,296,000 for trade and travel assets and infrastructure; (3) $69,654,000 for facility construction and improvements including $66,000,000 for a Border Patrol station in Houlton, Maine; (4) $134,100,000 for integrated operations assets and infrastructure; and (5) $41,179,000 for mission support and infrastructure.", "id": "idA9FA78D396BE4EDFBB0B728DA0275FFA", "header": null, "nested": [], "links": [] }, { "text": "212. None of the funds provided under the heading U.S. Immigration and Customs Enforcement—Operations and Support may be used to continue a delegation of law enforcement authority authorized under section 287(g) of the Immigration and Nationality Act ( 8 U.S.C. 1357(g) ) if the Department of Homeland Security Inspector General determines that the terms of the agreement governing the delegation of authority have been materially violated.", "id": "id8559772FDB2146A7877AC484D5257F1E", "header": null, "nested": [], "links": [ { "text": "8 U.S.C. 1357(g)", "legal-doc": "usc", "parsable-cite": "usc/8/1357" } ] }, { "text": "213. (a) None of the funds provided under the heading U.S. Immigration and Customs Enforcement—Operations and Support may be used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the contracted facility are less than adequate or the equivalent median score in any subsequent performance evaluation system. (b) The performance evaluations referenced in subsection (a) shall be conducted by the U.S. Immigration and Customs Enforcement Office of Professional Responsibility.", "id": "idFC7EDFF0212D42D684F7EE58E09F2847", "header": null, "nested": [ { "text": "(a) None of the funds provided under the heading U.S. Immigration and Customs Enforcement—Operations and Support may be used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the contracted facility are less than adequate or the equivalent median score in any subsequent performance evaluation system.", "id": "ided54ca71185c442c91e9ed80d5c8f1c7", "header": null, "nested": [], "links": [] }, { "text": "(b) The performance evaluations referenced in subsection (a) shall be conducted by the U.S. Immigration and Customs Enforcement Office of Professional Responsibility.", "id": "id89b05c33a09748c4acd97e0c620fe2e4", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "214. The reports required to be submitted under section 216 of the Department of Homeland Security Appropriations Act, 2021 (division F of Public Law 116–260 ) shall continue to be submitted semimonthly and each matter required to be included in such reports by such section 216 shall apply in the same manner and to the same extent during the period described in such section 216.", "id": "idCA3F784B0C444FF2B0066B85D4272FBE", "header": null, "nested": [], "links": [ { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" } ] }, { "text": "215. The terms and conditions of sections 216 and 217 of the Department of Homeland Security Appropriations Act, 2020 (division D of Public Law 116–93 ) shall apply to this Act.", "id": "id7E91214186CF40AA8B07DDE1BA17708A", "header": null, "nested": [], "links": [ { "text": "Public Law 116–93", "legal-doc": "public-law", "parsable-cite": "pl/116/93" } ] }, { "text": "216. (a) None of the funds provided under the heading U.S. Immigration and Customs Enforcement—Operations and Support may be available for performance awards for members of the Senior Executive Service that occupy the positions as described in subsection (b) prior to the submission of the plan described in subsection (c). (b) Deputy Director and Senior Official Performing the Duties of the Director; Deputy Senior Official Performing the Duties of the Deputy Director; Executive Associate Director, Enforcement and Removal Operations; Executive Associate Director, Homeland Security Investigations; Executive Associate Director Management and Administration; Associate Director, Office of Professional Responsibility; Principal Legal Advisor; Chief Financial Officer; Assistant Director, Office of Congressional Affairs; and Chief of Staff. (c) Not later than 90 days after the date of enactment of this Act, ICE shall submit a plan to realign the position of the Chief Financial Officer by the end of Fiscal Year 2024 so the position reports to the Director or Deputy Director and the position is elevated to the equivalent of an Executive Associate Director.", "id": "id609bd4f67b39415c80847b85251e90f2", "header": null, "nested": [ { "text": "(a) None of the funds provided under the heading U.S. Immigration and Customs Enforcement—Operations and Support may be available for performance awards for members of the Senior Executive Service that occupy the positions as described in subsection (b) prior to the submission of the plan described in subsection (c).", "id": "idf3666ded60de4121b0d96231ead8f7af", "header": null, "nested": [], "links": [] }, { "text": "(b) Deputy Director and Senior Official Performing the Duties of the Director; Deputy Senior Official Performing the Duties of the Deputy Director; Executive Associate Director, Enforcement and Removal Operations; Executive Associate Director, Homeland Security Investigations; Executive Associate Director Management and Administration; Associate Director, Office of Professional Responsibility; Principal Legal Advisor; Chief Financial Officer; Assistant Director, Office of Congressional Affairs; and Chief of Staff.", "id": "id6822afec9d7a4a6480f3b3d44811e906", "header": null, "nested": [], "links": [] }, { "text": "(c) Not later than 90 days after the date of enactment of this Act, ICE shall submit a plan to realign the position of the Chief Financial Officer by the end of Fiscal Year 2024 so the position reports to the Director or Deputy Director and the position is elevated to the equivalent of an Executive Associate Director.", "id": "id2b13dce14b4d41b58bd898d2c20011b1", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "217. (a) Not later than 30 days after the date of enactment of this Act, and monthly thereafter, the Director of U.S. Immigration and Customs Enforcement shall provide the Committees on Appropriations of the Senate and the House of Representatives a report described in the section Monthly Reporting Requirements.— under the heading U.S. Immigration and Customs Enforcement—Operations and Support in the report accompanying this Act. (b) Such report shall be submitted by the tenth day of each month. (c) In the event that such report required under subsections (a) and (b) is not provided, the amount made available for Executive Leadership and Oversight shall be reduced by $100,000 per day for each day of noncompliance with subsections (a) and (b), and the amount made available under such heading and specified for such office in the detailed funding table in the report accompanying this act shall be correspondingly reduced by an equivalent amount.", "id": "id95ee79fb6ac94430927373e23ed8e48c", "header": null, "nested": [ { "text": "(a) Not later than 30 days after the date of enactment of this Act, and monthly thereafter, the Director of U.S. Immigration and Customs Enforcement shall provide the Committees on Appropriations of the Senate and the House of Representatives a report described in the section Monthly Reporting Requirements.— under the heading U.S. Immigration and Customs Enforcement—Operations and Support in the report accompanying this Act.", "id": "ida4e73b7cbaa7436e9ed3f6e4f2df81cd", "header": null, "nested": [], "links": [] }, { "text": "(b) Such report shall be submitted by the tenth day of each month.", "id": "id99b8e11fe112402da8151a5f01d3a2f9", "header": null, "nested": [], "links": [] }, { "text": "(c) In the event that such report required under subsections (a) and (b) is not provided, the amount made available for Executive Leadership and Oversight shall be reduced by $100,000 per day for each day of noncompliance with subsections (a) and (b), and the amount made available under such heading and specified for such office in the detailed funding table in the report accompanying this act shall be correspondingly reduced by an equivalent amount.", "id": "id5f7c9d40564a44cb846fa5bb5ed7ff7d", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "218. Members of the United States House of Representatives and the United States Senate, including the leadership; the heads of Federal agencies and commissions, including the Secretary, Deputy Secretary, Under Secretaries, and Assistant Secretaries of the Department of Homeland Security; the United States Attorney General, Deputy Attorney General, 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.", "id": "id22CEB4927E6A4C87B47A72F3E560BD91", "header": null, "nested": [], "links": [] }, { "text": "219. Notwithstanding section 44923 of title 49, United States Code, for fiscal year 2024, any funds in the Aviation Security Capital Fund established by section 44923(h) of title 49, United States Code, may be used for the procurement and installation of explosives detection systems or for the issuance of other transaction agreements for the purpose of funding projects described in section 44923(a) of such title.", "id": "idE5583C9E4EC24D1C92488D3907130D58", "header": null, "nested": [], "links": [] }, { "text": "220. Not later than 45 days after the submission of the President's budget proposal, the Administrator of the Transportation Security Administration shall submit to the Committees on Appropriations and Commerce, Science, and Transportation of the Senate and the Committees on Appropriations and Homeland Security in the House of Representatives a single report that fulfills the following requirements: (1) a Capital Investment Plan, both constrained and unconstrained, that includes a plan for continuous and sustained capital investment in new, and the replacement of aged, transportation security equipment; (2) the 5-year technology investment plan as required by section 1611 of title XVI of the Homeland Security Act of 2002, as amended by section 3 of the Transportation Security Acquisition Reform Act ( Public Law 113–245 ); and (3) the Advanced Integrated Passenger Screening Technologies report as required by the Senate Report accompanying the Department of Homeland Security Appropriations Act, 2019 (Senate Report 115–283).", "id": "idE4F1846E49A04F9A8893332C3B3D776C", "header": null, "nested": [], "links": [ { "text": "Public Law 113–245", "legal-doc": "public-law", "parsable-cite": "pl/113/245" } ] }, { "text": "221. (a) None of the funds made available by this Act under the heading Coast Guard—Operations and Support shall be for expenses incurred for recreational vessels under section 12114 of title 46, United States Code, except to the extent fees are collected from owners of yachts and credited to the appropriation made available by this Act under the heading Coast Guard—Operations and Support. (b) To the extent such fees are insufficient to pay expenses of recreational vessel documentation under such section 12114, and there is a backlog of recreational vessel applications, personnel performing non-recreational vessel documentation functions under subchapter II of chapter 121 of title 46, United States Code, may perform documentation under section 12114.", "id": "id13191066F8364B0199D543790D88011B", "header": null, "nested": [ { "text": "(a) None of the funds made available by this Act under the heading Coast Guard—Operations and Support shall be for expenses incurred for recreational vessels under section 12114 of title 46, United States Code, except to the extent fees are collected from owners of yachts and credited to the appropriation made available by this Act under the heading Coast Guard—Operations and Support.", "id": "id356ec9cdfaab4a32958a7315ae05182a", "header": null, "nested": [], "links": [] }, { "text": "(b) To the extent such fees are insufficient to pay expenses of recreational vessel documentation under such section 12114, and there is a backlog of recreational vessel applications, personnel performing non-recreational vessel documentation functions under subchapter II of chapter 121 of title 46, United States Code, may perform documentation under section 12114.", "id": "id7d504218cdf645c084e65e6e9b9d1e99", "header": null, "nested": [], "links": [ { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/121" } ] } ], "links": [ { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/121" } ] }, { "text": "222. Without regard to the limitation as to time and condition of section 503(d) of this Act, after June 30, in accordance with the notification requirement described in subsection (b) of such section, up to the following amounts may be reprogrammed within Coast Guard—Operations and Support — (1) $10,000,000 to or from the Military Personnel funding category; and (2) $10,000,000 between the Field Operations funding subcategories.", "id": "id8E5170242648483CA5DBFFE4B5442772", "header": null, "nested": [], "links": [] }, { "text": "223. Notwithstanding any other provision of law, the Commandant of the Coast Guard shall submit to the Committees on Appropriations of the Senate and the House of Representatives a future-years capital investment plan as described in the second proviso under the heading Coast Guard—Acquisition, Construction, and Improvements in the Department of Homeland Security Appropriations Act, 2015 ( Public Law 114–4 ), which shall be subject to the requirements in the third and fourth provisos under such heading.", "id": "id7813858A4B714C0BA096B3F9F49332AB", "header": null, "nested": [], "links": [ { "text": "Public Law 114–4", "legal-doc": "public-law", "parsable-cite": "pl/114/4" } ] }, { "text": "224. None of the funds in this Act shall be used to reduce the Coast Guard's legacy Operations Systems Center mission or its government-employed or contract staff levels.", "id": "id683A63EACA36497495325AEC1FE70A7A", "header": null, "nested": [], "links": [] }, { "text": "225. None of the funds appropriated by this Act may be used to conduct, or to implement the results of, a competition under Office of Management and Budget Circular A–76 for activities performed with respect to the Coast Guard National Vessel Documentation Center.", "id": "id40072FC49FB741B48C81F0460E50ECCE", "header": null, "nested": [], "links": [] }, { "text": "226. Funds made available in this Act may be used to alter operations within the Civil Engineering Program of the Coast Guard nationwide, including civil engineering units, facilities design and construction centers, maintenance and logistics commands, and the Coast Guard Academy, except that none of the funds provided in this Act may be used to reduce operations within any civil engineering unit unless specifically authorized by a statute enacted after the date of enactment of this Act.", "id": "id7BDBA9A5C68244B2A1925850E74EB7BD", "header": null, "nested": [], "links": [] }, { "text": "227. Amounts deposited into the Coast Guard Housing Fund in fiscal year 2024 shall be available until expended to carry out the purposes of section 2946 of title 14, United States Code, and shall be in addition to funds otherwise available for such purposes.", "id": "idF9B11D969F72452AB61D6DEFC8C68FBD", "header": null, "nested": [], "links": [] }, { "text": "228. (a) Notwithstanding section 2110 of title 46, United States Code, none of the funds made available in this Act shall be used to charge a fee for an inspection of a towing vessel, as defined in 46 CFR 136.110, that utilizes the Towing Safety Management System option for a Certificate of Inspection issued under subchapter M of title 46, Code of Federal Regulations. (b) Subsection (a) shall not apply after the date the Commandant of the Coast Guard makes a determination under section 815(a) of the Frank LoBiondo Coast Guard Authorization Act of 2018 ( Public Law 115–282 ) and, as necessary based on such determination, carries out the requirements of section 815(b) of such Act.", "id": "id2BA997A5EBF345EAA8300C11D8015C9E", "header": null, "nested": [ { "text": "(a) Notwithstanding section 2110 of title 46, United States Code, none of the funds made available in this Act shall be used to charge a fee for an inspection of a towing vessel, as defined in 46 CFR 136.110, that utilizes the Towing Safety Management System option for a Certificate of Inspection issued under subchapter M of title 46, Code of Federal Regulations.", "id": "id85b4431d409847fb9363feeff6932ac7", "header": null, "nested": [], "links": [] }, { "text": "(b) Subsection (a) shall not apply after the date the Commandant of the Coast Guard makes a determination under section 815(a) of the Frank LoBiondo Coast Guard Authorization Act of 2018 ( Public Law 115–282 ) and, as necessary based on such determination, carries out the requirements of section 815(b) of such Act.", "id": "id470874fce49143de8b038adecca876c6", "header": null, "nested": [], "links": [ { "text": "Public Law 115–282", "legal-doc": "public-law", "parsable-cite": "pl/115/282" } ] } ], "links": [ { "text": "Public Law 115–282", "legal-doc": "public-law", "parsable-cite": "pl/115/282" } ] }, { "text": "229. The United States Secret Service is authorized to obligate funds in anticipation of reimbursements from executive agencies, as defined in section 105 of title 5, United States Code, for personnel receiving training sponsored by the James J. Rowley Training Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available under the heading United States Secret Service—Operations and Support at the end of the fiscal year.", "id": "idF887494C36E642BFB1B2EC4E495D6104", "header": null, "nested": [], "links": [] }, { "text": "230. (a) None of the funds made available to the United States Secret Service by this Act or by previous appropriations Acts may be made available for the protection of the head of a Federal agency other than the Secretary of Homeland Security. (b) The Director of the United States Secret Service may enter into agreements to provide such protection on a fully reimbursable basis.", "id": "idABEADC01A8AC4278BA5162FA200F0B96", "header": null, "nested": [ { "text": "(a) None of the funds made available to the United States Secret Service by this Act or by previous appropriations Acts may be made available for the protection of the head of a Federal agency other than the Secretary of Homeland Security.", "id": "id3aac79d9433f48aebe50f6bc50cf9e97", "header": null, "nested": [], "links": [] }, { "text": "(b) The Director of the United States Secret Service may enter into agreements to provide such protection on a fully reimbursable basis.", "id": "idbe2c16f6b5a24b0db0c27d63be75c15f", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "231. For purposes of section 503(a)(3) of this Act, up to $15,000,000 may be reprogrammed within United States Secret Service—Operations and Support.", "id": "id9ED719F9CB71417BA76AE4CF8EF4C7FB", "header": null, "nested": [], "links": [] }, { "text": "232. Funding made available in this Act for United States Secret Service—Operations and Support is available for travel of United States Secret Service employees on protective missions without regard to the limitations on such expenditures in this or any other Act if the Director of the United States Secret Service or a designee notifies the Committees on Appropriations of the Senate and the House of Representatives 10 or more days in advance, or as early as practicable, prior to such expenditures.", "id": "id47D5BC0372D24CAAAAB1131AABEE831F", "header": null, "nested": [], "links": [] }, { "text": "301. Funds made available under the heading Cybersecurity and Infrastructure Security Agency—Operations and Support may be made available for the necessary expenses of procuring or providing access to cybersecurity threat feeds for branches, agencies, independent agencies, corporations, establishments, and instrumentalities of the Federal Government of the United States, state, local, tribal, and territorial entities, fusion centers as described in section 210A of the Homeland Security Act ( 6 U.S.C. 124h ), and Information and Analysis Organizations.", "id": "id8BDD9EFD77274891A72D0ED1B65A2C23", "header": null, "nested": [], "links": [ { "text": "6 U.S.C. 124h", "legal-doc": "usc", "parsable-cite": "usc/6/124h" } ] }, { "text": "302. (a) The Director of the Cybersecurity and Infrastructure Security Agency (or the Director’s designee) shall provide the briefings to the Committees on Appropriations of the Senate and the House of Representatives described under the heading Quarterly Budget and Staffing Briefings in the report accompanying this bill— (1) with respect to the first quarter of fiscal year 2024, not later than the later of 30 days after the date of enactment of this Act or January 30, 2024; and (2) with respect to each subsequent fiscal quarter in fiscal year 2024, not later than 21 days after the end of each such quarter. (b) In the event that any such briefing required during this fiscal year under subsection (a) is not provided, the amount made available in title III to the Cybersecurity and Infrastructure Security Agency under the heading Operations and Support shall be reduced by $50,000 for each day of noncompliance with subsection (a), and the amount made available under such heading and specified in the detailed funding table in the report accompanying this Act for Mission Support management and business activities shall be correspondingly reduced by an equivalent amount.", "id": "id04B8A42EE74949FC8C62C0D015154504", "header": null, "nested": [ { "text": "(a) The Director of the Cybersecurity and Infrastructure Security Agency (or the Director’s designee) shall provide the briefings to the Committees on Appropriations of the Senate and the House of Representatives described under the heading Quarterly Budget and Staffing Briefings in the report accompanying this bill— (1) with respect to the first quarter of fiscal year 2024, not later than the later of 30 days after the date of enactment of this Act or January 30, 2024; and (2) with respect to each subsequent fiscal quarter in fiscal year 2024, not later than 21 days after the end of each such quarter.", "id": "idbf9a55059555454cb211c43c543aeef7", "header": null, "nested": [], "links": [] }, { "text": "(b) In the event that any such briefing required during this fiscal year under subsection (a) is not provided, the amount made available in title III to the Cybersecurity and Infrastructure Security Agency under the heading Operations and Support shall be reduced by $50,000 for each day of noncompliance with subsection (a), and the amount made available under such heading and specified in the detailed funding table in the report accompanying this Act for Mission Support management and business activities shall be correspondingly reduced by an equivalent amount.", "id": "idc98fa1b486714e969272965f5b26c587", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "303. (a) Notwithstanding section 2008(a)(12) of the Homeland Security Act of 2002 ( 6 U.S.C. 609(a)(12) ) or any other provision of law, not more than 5 percent of the amount of a grant made available in paragraphs (1) through (5) under Federal Emergency Management Agency—Federal Assistance , may be used by the recipient for expenses directly related to administration of the grant. (b) The authority provided in subsection (a) shall also apply to a state recipient for the administration of a grant under such paragraph (3).", "id": "id18D2BE1B2740405CA33EF9887275771D", "header": null, "nested": [ { "text": "(a) Notwithstanding section 2008(a)(12) of the Homeland Security Act of 2002 ( 6 U.S.C. 609(a)(12) ) or any other provision of law, not more than 5 percent of the amount of a grant made available in paragraphs (1) through (5) under Federal Emergency Management Agency—Federal Assistance , may be used by the recipient for expenses directly related to administration of the grant.", "id": "idb624e7cb75994f3aaa0e9968a137aee1", "header": null, "nested": [], "links": [ { "text": "6 U.S.C. 609(a)(12)", "legal-doc": "usc", "parsable-cite": "usc/6/609" } ] }, { "text": "(b) The authority provided in subsection (a) shall also apply to a state recipient for the administration of a grant under such paragraph (3).", "id": "idc269528107e84d12a0140c058c803412", "header": null, "nested": [], "links": [] } ], "links": [ { "text": "6 U.S.C. 609(a)(12)", "legal-doc": "usc", "parsable-cite": "usc/6/609" } ] }, { "text": "304. Notwithstanding section 2004(e)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 605(e)(1) ), the meaning of total funds appropriated for grants under this section and section 2003 in each place that it appears shall not include any funds provided for the Nonprofit Security Grant Program in paragraph (3) under the heading Federal Emergency Management Agency—Federal Assistance in this Act.", "id": "id999DA0847019440B911309D71DE1C4D3", "header": null, "nested": [], "links": [ { "text": "6 U.S.C. 605(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/6/605" } ] }, { "text": "305. Applications for grants under the heading Federal Emergency Management Agency—Federal Assistance , for paragraphs (1) through (5), shall be made available to eligible applicants not later than 60 days after the date of enactment of this Act, eligible applicants shall submit applications not later than 80 days after the grant announcement, and the Administrator of the Federal Emergency Management Agency shall act within 65 days after the receipt of an application.", "id": "idFCE9BBFEE05C44E6973558D8B2E0665B", "header": null, "nested": [], "links": [] }, { "text": "306. (a) Under the heading Federal Emergency Management Agency—Federal Assistance , for grants under paragraphs (1) through (5) and (9), the Administrator of the Federal Emergency Management Agency shall brief the Committees on Appropriations of the Senate and the House of Representatives 5 full business days in advance of announcing publicly the intention of making an award. (b) If any such public announcement is made before 5 full business days have elapsed following such briefing, $1,000,000 of amounts appropriated by this Act for Federal Emergency Management Agency—Operations and Support shall be rescinded.", "id": "id6A8C6E38C2344BFFB76DFA6EDBAC7E2D", "header": null, "nested": [ { "text": "(a) Under the heading Federal Emergency Management Agency—Federal Assistance , for grants under paragraphs (1) through (5) and (9), the Administrator of the Federal Emergency Management Agency shall brief the Committees on Appropriations of the Senate and the House of Representatives 5 full business days in advance of announcing publicly the intention of making an award.", "id": "id7aa121cb04e54daabf8ec724eff5c127", "header": null, "nested": [], "links": [] }, { "text": "(b) If any such public announcement is made before 5 full business days have elapsed following such briefing, $1,000,000 of amounts appropriated by this Act for Federal Emergency Management Agency—Operations and Support shall be rescinded.", "id": "id036366d66f4c4358a73501fbf98cbddf", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "307. Under the heading Federal Emergency Management Agency—Federal Assistance , for grants under paragraphs (1) and (2), the installation of communications towers is not considered construction of a building or other physical facility.", "id": "id0BB9E4C51C854CDC9C0CE8DAB03ED312", "header": null, "nested": [], "links": [] }, { "text": "308. The reporting requirements in paragraphs (1) and (2) under the heading Federal Emergency Management Agency—Disaster Relief Fund in the Department of Homeland Security Appropriations Act, 2015 ( Public Law 114–4 ), related to reporting on the Disaster Relief Fund, shall be applied in fiscal year 2024 with respect to budget year 2025 and current fiscal year 2024, respectively— (1) in paragraph (1) by substituting fiscal year 2025 for fiscal year 2016 ; and (2) in paragraph (2) by inserting business after fifth.", "id": "idC117F91301DA4DEE9CBB98AB75A8D4DC", "header": null, "nested": [], "links": [ { "text": "Public Law 114–4", "legal-doc": "public-law", "parsable-cite": "pl/114/4" } ] }, { "text": "309. In making grants under the heading Federal Emergency Management Agency—Federal Assistance , for Staffing for Adequate Fire and Emergency Response grants, the Administrator of the Federal Emergency Management Agency may grant waivers from the requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a ).", "id": "idCB0DC7B1858E4FADA3F247AD87C70FDF", "header": null, "nested": [], "links": [ { "text": "15 U.S.C. 2229a", "legal-doc": "usc", "parsable-cite": "usc/15/2229a" } ] }, { "text": "310. (a) The aggregate charges assessed during fiscal year 2024, as authorized in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 ( 42 U.S.C. 5196e ), shall not be less than 100 percent of the amounts anticipated by the Department of Homeland Security to be necessary for its Radiological Emergency Preparedness Program for the next fiscal year. (b) The methodology for assessment and collection of fees shall be fair and equitable and shall reflect costs of providing such services, including administrative costs of collecting such fees. (c) Such fees shall be deposited in a Radiological Emergency Preparedness Program account as offsetting collections and will become available for authorized purposes on October 1, 2024, and remain available until expended.", "id": "id133FFB806A72447FB0F7BB1EADBEFD18", "header": null, "nested": [ { "text": "(a) The aggregate charges assessed during fiscal year 2024, as authorized in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 ( 42 U.S.C. 5196e ), shall not be less than 100 percent of the amounts anticipated by the Department of Homeland Security to be necessary for its Radiological Emergency Preparedness Program for the next fiscal year.", "id": "idabb0a3b3c7c3475097a0097caa99a835", "header": null, "nested": [], "links": [ { "text": "42 U.S.C. 5196e", "legal-doc": "usc", "parsable-cite": "usc/42/5196e" } ] }, { "text": "(b) The methodology for assessment and collection of fees shall be fair and equitable and shall reflect costs of providing such services, including administrative costs of collecting such fees.", "id": "id154d97d389b44cf9a041a5709746a91b", "header": null, "nested": [], "links": [] }, { "text": "(c) Such fees shall be deposited in a Radiological Emergency Preparedness Program account as offsetting collections and will become available for authorized purposes on October 1, 2024, and remain available until expended.", "id": "id860aa1b602c641a582415c53e02341cd", "header": null, "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 5196e", "legal-doc": "usc", "parsable-cite": "usc/42/5196e" } ] }, { "text": "311. In making grants under the heading Federal Emergency Management Agency—Federal Assistance , for Assistance to Firefighter Grants, the Administrator of the Federal Emergency Management Agency may waive subsection (k) of section 33 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229 ).", "id": "id480992CE47C44691B86712A9528D6978", "header": null, "nested": [], "links": [ { "text": "15 U.S.C. 2229", "legal-doc": "usc", "parsable-cite": "usc/15/2229" } ] }, { "text": "312. Any unobligated balances of funds appropriated in any prior Act for activities funded by the National Predisaster Mitigation Fund under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 ), as in effect on the day before the date of enactment of section 1234 of division D of Public Law 115–254 , may be transferred to and merged with funds set aside pursuant to subsection (i)(1) of section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 ), as in effect on the date of the enactment of this section.", "id": "iddb3fa579b28d40ffae3b8e6cc758de48", "header": null, "nested": [], "links": [ { "text": "42 U.S.C. 5133", "legal-doc": "usc", "parsable-cite": "usc/42/5133" }, { "text": "Public Law 115–254", "legal-doc": "public-law", "parsable-cite": "pl/115/254" }, { "text": "42 U.S.C. 5133", "legal-doc": "usc", "parsable-cite": "usc/42/5133" } ] }, { "text": "313. Any unobligated balances of funds appropriated under the heading Federal Emergency Management Agency—Flood Hazard Mapping and Risk Analysis Program in any prior Act may be transferred to and merged with funds appropriated under the heading Federal Emergency Management Agency—Federal Assistance for necessary expenses for Flood Hazard Mapping and Risk Analysis: Provided, That funds transferred pursuant to this section shall be in addition to and supplement any other sums appropriated for such purposes under the National Flood Insurance Fund and such additional sums as may be provided by States or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101(f)(2) ), to remain available until expended.", "id": "idcea0e735477a4e8db18f08c96d7f3e52", "header": null, "nested": [], "links": [ { "text": "42 U.S.C. 4101(f)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/4101" } ] }, { "text": "401. (a) Notwithstanding any other provision of law, funds otherwise made available to U.S. Citizenship and Immigration Services may be used to acquire, operate, equip, and dispose of up to 5 vehicles, for replacement only, for areas where the Administrator of General Services does not provide vehicles for lease. (b) The Director of U.S. Citizenship and Immigration Services may authorize employees who are assigned to those areas to use such vehicles to travel between the employees' residences and places of employment.", "id": "idAB95848032F34B6FA4CB2B98D318B5D2", "header": null, "nested": [ { "text": "(a) Notwithstanding any other provision of law, funds otherwise made available to U.S. Citizenship and Immigration Services may be used to acquire, operate, equip, and dispose of up to 5 vehicles, for replacement only, for areas where the Administrator of General Services does not provide vehicles for lease.", "id": "idffe280b605d249edb2fb4e99901af436", "header": null, "nested": [], "links": [] }, { "text": "(b) The Director of U.S. Citizenship and Immigration Services may authorize employees who are assigned to those areas to use such vehicles to travel between the employees' residences and places of employment.", "id": "ida13b1b71466549f7957dce67e42e14aa", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "402. None of the funds appropriated by this Act may be used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided by employees (including employees serving on a temporary or term basis) of U.S. Citizenship and Immigration Services of the Department of Homeland Security who are known as Immigration Information Officers, Immigration Service Analysts, Contact Representatives, Investigative Assistants, or Immigration Services Officers.", "id": "idFBBB581B1CD24A2FAF570B651A032E48", "header": null, "nested": [], "links": [] }, { "text": "403. Notwithstanding any other provision of law, any Federal funds made available to U.S. Citizenship and Immigration Services may be used for the collection and use of biometrics taken at a U.S. Citizenship and Immigration Services Application Support Center that is overseen virtually by U.S. Citizenship and Immigration Services personnel using appropriate technology.", "id": "id89CEA9CACCFC4294A735435E2702A42A", "header": null, "nested": [], "links": [] }, { "text": "404. The Director of the Federal Law Enforcement Training Centers is authorized to distribute funds to Federal law enforcement agencies for expenses incurred participating in training accreditation.", "id": "id1B7F37DCCE614C0BB7160F334E401225", "header": null, "nested": [], "links": [] }, { "text": "405. The Federal Law Enforcement Training Accreditation Board, including representatives from the Federal law enforcement community and non-Federal accreditation experts involved in law enforcement training, shall lead the Federal law enforcement training accreditation process to continue the implementation of measuring and assessing the quality and effectiveness of Federal law enforcement training programs, facilities, and instructors.", "id": "id6763390811544E3C8797A973FBC986CB", "header": null, "nested": [], "links": [] }, { "text": "406. (a) The Director of the Federal Law Enforcement Training Centers may accept transfers to its Procurement, Construction, and Improvements account from Government agencies requesting the construction of special use facilities, as authorized by the Economy Act ( 31 U.S.C. 1535(b) ). (b) The Federal Law Enforcement Training Centers shall maintain administrative control and ownership upon completion of such facilities.", "id": "idCD75499597FC4DE3A94414032AC41327", "header": null, "nested": [ { "text": "(a) The Director of the Federal Law Enforcement Training Centers may accept transfers to its Procurement, Construction, and Improvements account from Government agencies requesting the construction of special use facilities, as authorized by the Economy Act ( 31 U.S.C. 1535(b) ).", "id": "id5e6ee78f38864c538a27e421b21cc313", "header": null, "nested": [], "links": [ { "text": "31 U.S.C. 1535(b)", "legal-doc": "usc", "parsable-cite": "usc/31/1535" } ] }, { "text": "(b) The Federal Law Enforcement Training Centers shall maintain administrative control and ownership upon completion of such facilities.", "id": "idb1722c8181104363b93afca716468f01", "header": null, "nested": [], "links": [] } ], "links": [ { "text": "31 U.S.C. 1535(b)", "legal-doc": "usc", "parsable-cite": "usc/31/1535" } ] }, { "text": "407. The functions of the Federal Law Enforcement Training Centers instructor staff shall be classified as inherently governmental for purposes of the Federal Activities Inventory Reform Act of 1998 ( 31 U.S.C. 501 note).", "id": "id4E7DFB918597419A8DEE3D6CE294D7B6", "header": null, "nested": [], "links": [ { "text": "31 U.S.C. 501", "legal-doc": "usc", "parsable-cite": "usc/31/501" } ] }, { "text": "501. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.", "id": "id35DFE002CD2C4438BF23A2FB24C7F7AC", "header": null, "nested": [], "links": [] }, { "text": "502. Subject to the requirements of section 503 of this Act, the unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this Act, may be merged with funds in the applicable established accounts, and thereafter may be accounted for as one fund for the same time period as originally enacted.", "id": "idBA1DC50FB94A490FB0BE673DEC829422", "header": null, "nested": [], "links": [] }, { "text": "503. (a) None of the funds provided by this Act, provided by previous appropriations Acts to the components in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2024, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the components funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates or eliminates a program, project, or activity, or increases funds for any program, project, or activity for which funds have been denied or restricted by the Congress; (2) contracts out any function or activity presently performed by Federal employees or any new function or activity proposed to be performed by Federal employees in the President's budget proposal for fiscal year 2024 for the Department of Homeland Security; (3) augments funding for existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (4) reduces funding for any program, project, or activity, or numbers of personnel, by 10 percent or more; or (5) results from any general savings from a reduction in personnel that would result in a change in funding levels for programs, projects, or activities as approved by the Congress. (b) Subsection (a) shall not apply if the Committees on Appropriations of the Senate and the House of Representatives are notified at least 30 days in advance of such reprogramming. (c) Up to 5 percent of any appropriation made available for the current fiscal year for the Department of Homeland Security by this Act or provided by previous appropriations Acts may be transferred between such appropriations if the Committees on Appropriations of the Senate and the House of Representatives are notified at least 30 days in advance of such transfer, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by such transfer. (d) Notwithstanding subsections (a), (b), and (c), no funds shall be reprogrammed within or transferred between appropriations based upon an initial notification provided after June 15, except in extraordinary circumstances that imminently threaten the safety of human life or the protection of property. (e) The notification thresholds and procedures set forth in subsections (a), (b), (c), and (d) shall apply to any use of deobligated balances of funds provided in previous Department of Homeland Security Appropriations Acts that remain available for obligation in the current year. (f) Notwithstanding subsection (c), the Secretary of Homeland Security may transfer to the fund established by 8 U.S.C. 1101 note, up to $20,000,000 from appropriations available to the Department of Homeland Security: Provided, That the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives at least 5 days in advance of such transfer.", "id": "id263E9EB31C1A48A3AEC7CE313DB813CD", "header": null, "nested": [ { "text": "(a) None of the funds provided by this Act, provided by previous appropriations Acts to the components in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2024, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the components funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates or eliminates a program, project, or activity, or increases funds for any program, project, or activity for which funds have been denied or restricted by the Congress; (2) contracts out any function or activity presently performed by Federal employees or any new function or activity proposed to be performed by Federal employees in the President's budget proposal for fiscal year 2024 for the Department of Homeland Security; (3) augments funding for existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (4) reduces funding for any program, project, or activity, or numbers of personnel, by 10 percent or more; or (5) results from any general savings from a reduction in personnel that would result in a change in funding levels for programs, projects, or activities as approved by the Congress.", "id": "id9b7d1abcf2534f31ad63fa1e67403ac9", "header": null, "nested": [], "links": [] }, { "text": "(b) Subsection (a) shall not apply if the Committees on Appropriations of the Senate and the House of Representatives are notified at least 30 days in advance of such reprogramming.", "id": "id54c447424c5c4df4a555df972a2e8502", "header": null, "nested": [], "links": [] }, { "text": "(c) Up to 5 percent of any appropriation made available for the current fiscal year for the Department of Homeland Security by this Act or provided by previous appropriations Acts may be transferred between such appropriations if the Committees on Appropriations of the Senate and the House of Representatives are notified at least 30 days in advance of such transfer, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by such transfer.", "id": "id3d68e939b3e94b979b4215df32580303", "header": null, "nested": [], "links": [] }, { "text": "(d) Notwithstanding subsections (a), (b), and (c), no funds shall be reprogrammed within or transferred between appropriations based upon an initial notification provided after June 15, except in extraordinary circumstances that imminently threaten the safety of human life or the protection of property.", "id": "id554f09ee87554deb97d726770f12509b", "header": null, "nested": [], "links": [] }, { "text": "(e) The notification thresholds and procedures set forth in subsections (a), (b), (c), and (d) shall apply to any use of deobligated balances of funds provided in previous Department of Homeland Security Appropriations Acts that remain available for obligation in the current year.", "id": "idf73243d1e0ce49db98cb3fe7dc2b7414", "header": null, "nested": [], "links": [] }, { "text": "(f) Notwithstanding subsection (c), the Secretary of Homeland Security may transfer to the fund established by 8 U.S.C. 1101 note, up to $20,000,000 from appropriations available to the Department of Homeland Security: Provided, That the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives at least 5 days in advance of such transfer.", "id": "idde9dd6aa1fd24570b09ffd17afcf52ea", "header": null, "nested": [], "links": [ { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ], "links": [ { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "504. (a) Section 504 of the Department of Homeland Security Appropriations Act, 2017 (division F of Public Law 115–31 ), related to the operations of a working capital fund, shall apply with respect to funds made available in this Act in the same manner as such section applied to funds made available in that Act. (b) Funds from such working capital fund may be obligated and expended in anticipation of reimbursements from components of the Department of Homeland Security.", "id": "idDF28DFE696304F5BAAEB8A97AA0E9110", "header": null, "nested": [ { "text": "(a) Section 504 of the Department of Homeland Security Appropriations Act, 2017 (division F of Public Law 115–31 ), related to the operations of a working capital fund, shall apply with respect to funds made available in this Act in the same manner as such section applied to funds made available in that Act.", "id": "id86490daea7bd4ccbbd9ba11bb8870faf", "header": null, "nested": [], "links": [ { "text": "Public Law 115–31", "legal-doc": "public-law", "parsable-cite": "pl/115/31" } ] }, { "text": "(b) Funds from such working capital fund may be obligated and expended in anticipation of reimbursements from components of the Department of Homeland Security.", "id": "id8c3ee9d639e24b438ed2434788e0383f", "header": null, "nested": [], "links": [] } ], "links": [ { "text": "Public Law 115–31", "legal-doc": "public-law", "parsable-cite": "pl/115/31" } ] }, { "text": "505. (a) Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2024, as recorded in the financial records at the time of a reprogramming notification, but not later than June 30, 2025, from appropriations for Operations and Support for fiscal year 2024 in this Act shall remain available through September 30, 2025, in the account and for the purposes for which the appropriations were provided. (b) Prior to the obligation of such funds, a notification shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives in accordance with section 503 of this Act.", "id": "idF7281ECC53574AB5987AAE5FB9BACDA9", "header": null, "nested": [ { "text": "(a) Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2024, as recorded in the financial records at the time of a reprogramming notification, but not later than June 30, 2025, from appropriations for Operations and Support for fiscal year 2024 in this Act shall remain available through September 30, 2025, in the account and for the purposes for which the appropriations were provided.", "id": "id9a8610a7dcde47189c31230b45c76aec", "header": null, "nested": [], "links": [] }, { "text": "(b) Prior to the obligation of such funds, a notification shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives in accordance with section 503 of this Act.", "id": "idb2363d018bea46419c4228d6c256e2b6", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "506. (a) Funds made available by this Act for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 ) during fiscal year 2024 until the enactment of an Act authorizing intelligence activities for fiscal year 2024. (b) Amounts described in subsection (a) made available for Intelligence, Analysis, and Situational Awareness—Operations and Support that exceed the amounts in such authorization for such account shall be transferred to and merged with amounts made available under the heading Management Directorate—Operations and Support. (c) Prior to the obligation of any funds transferred under subsection (b), the Management Directorate shall brief the Committees on Appropriations of the Senate and the House of Representatives on a plan for the use of such funds.", "id": "id5316ABB9522040F19C9069B8D7E73244", "header": null, "nested": [ { "text": "(a) Funds made available by this Act for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 ) during fiscal year 2024 until the enactment of an Act authorizing intelligence activities for fiscal year 2024.", "id": "id426f1eb5ba3142608f9b8cc2f44bb98b", "header": null, "nested": [], "links": [ { "text": "50 U.S.C. 414", "legal-doc": "usc", "parsable-cite": "usc/50/414" } ] }, { "text": "(b) Amounts described in subsection (a) made available for Intelligence, Analysis, and Situational Awareness—Operations and Support that exceed the amounts in such authorization for such account shall be transferred to and merged with amounts made available under the heading Management Directorate—Operations and Support.", "id": "idfacd93272ec649b7bf75a8d5ab5aecf4", "header": null, "nested": [], "links": [] }, { "text": "(c) Prior to the obligation of any funds transferred under subsection (b), the Management Directorate shall brief the Committees on Appropriations of the Senate and the House of Representatives on a plan for the use of such funds.", "id": "idf5f7db364ca94f2b98d497ba3bfb7c9c", "header": null, "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 414", "legal-doc": "usc", "parsable-cite": "usc/50/414" } ] }, { "text": "507. (a) The Secretary of Homeland Security, or the designee of the Secretary, shall notify the Committees on Appropriations of the Senate and the House of Representatives at least 3 full business days in advance of— (1) making or awarding a grant allocation or grant in excess of $1,000,000; (2) making or awarding a contract, other transaction agreement, or task or delivery order on a Department of Homeland Security multiple award contract, or to issue a letter of intent totaling in excess of $4,000,000; (3) awarding a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from multi-year Department of Homeland Security funds; (4) making a sole-source grant award; or (5) announcing publicly the intention to make or award items under paragraph (1), (2), (3), or (4), including a contract covered by the Federal Acquisition Regulation. (b) If the Secretary of Homeland Security determines that compliance with this section would pose a substantial risk to human life, health, or safety, an award may be made without notification, and the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives not later than 5 full business days after such an award is made or letter issued. (c) A notification under this section— (1) may not involve funds that are not available for obligation; and (2) shall include the amount of the award; the fiscal year for which the funds for the award were appropriated; the type of contract; and the account from which the funds are being drawn.", "id": "id943628F1288446EFA1D7EDCEFBC65E36", "header": null, "nested": [ { "text": "(a) The Secretary of Homeland Security, or the designee of the Secretary, shall notify the Committees on Appropriations of the Senate and the House of Representatives at least 3 full business days in advance of— (1) making or awarding a grant allocation or grant in excess of $1,000,000; (2) making or awarding a contract, other transaction agreement, or task or delivery order on a Department of Homeland Security multiple award contract, or to issue a letter of intent totaling in excess of $4,000,000; (3) awarding a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from multi-year Department of Homeland Security funds; (4) making a sole-source grant award; or (5) announcing publicly the intention to make or award items under paragraph (1), (2), (3), or (4), including a contract covered by the Federal Acquisition Regulation.", "id": "ide9a0beb2f4094429a4a16e8c9f554a67", "header": null, "nested": [], "links": [] }, { "text": "(b) If the Secretary of Homeland Security determines that compliance with this section would pose a substantial risk to human life, health, or safety, an award may be made without notification, and the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives not later than 5 full business days after such an award is made or letter issued.", "id": "id334196c6d536487381eb207d6e29c602", "header": null, "nested": [], "links": [] }, { "text": "(c) A notification under this section— (1) may not involve funds that are not available for obligation; and (2) shall include the amount of the award; the fiscal year for which the funds for the award were appropriated; the type of contract; and the account from which the funds are being drawn.", "id": "id0e227094b32641b8bcfc5a73fa0ebcb5", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "508. Notwithstanding any other provision of law, no agency shall purchase, construct, or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without advance notification to the Committees on Appropriations of the Senate and the House of Representatives, except that the Federal Law Enforcement Training Centers is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training that cannot be accommodated in existing Centers' facilities.", "id": "id2125133255F648A09E900969164560F3", "header": null, "nested": [], "links": [] }, { "text": "509. None of the funds appropriated or otherwise made available by this Act may be used for expenses for any construction, repair, alteration, or acquisition project for which a prospectus otherwise required under chapter 33 of title 40, United States Code, has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus.", "id": "id2E805E28096C45D5BF028A821097D43B", "header": null, "nested": [], "links": [ { "text": "chapter 33", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/40/33" } ] }, { "text": "510. Sections 522 and 530 of the Department of Homeland Security Appropriations Act, 2008 (division E of Public Law 110–161 ; 121 Stat. 2073 and 2074) shall apply with respect to funds made available in this Act in the same manner as such sections applied to funds made available in that Act.", "id": "id6BCB3354727F495FBF9F4D1889B41BA4", "header": null, "nested": [], "links": [ { "text": "Public Law 110–161", "legal-doc": "public-law", "parsable-cite": "pl/110/161" } ] }, { "text": "511. (a) None of the funds made available in this Act may be used in contravention of the applicable provisions of the Buy American Act. (b) For purposes of subsection (a), the term Buy American Act means chapter 83 of title 41, United States Code.", "id": "idC7956AC0CFAF42DFB30373E94D494F92", "header": null, "nested": [ { "text": "(a) None of the funds made available in this Act may be used in contravention of the applicable provisions of the Buy American Act.", "id": "idd70169c5cb3b4c26835d389cc824a717", "header": null, "nested": [], "links": [] }, { "text": "(b) For purposes of subsection (a), the term Buy American Act means chapter 83 of title 41, United States Code.", "id": "id3e13a25a338142c387b98655c4c68947", "header": null, "nested": [], "links": [ { "text": "chapter 83", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/41/83" } ] } ], "links": [ { "text": "chapter 83", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/41/83" } ] }, { "text": "512. None of the funds made available in this Act may be used to amend the oath of allegiance required by section 337 of the Immigration and Nationality Act ( 8 U.S.C. 1448 ).", "id": "idA2E7C5B1514542F7B022C89B89EF8B8A", "header": null, "nested": [], "links": [ { "text": "8 U.S.C. 1448", "legal-doc": "usc", "parsable-cite": "usc/8/1448" } ] }, { "text": "513. None of the funds provided or otherwise made available in this Act shall be available to carry out section 872 of the Homeland Security Act of 2002 ( 6 U.S.C. 452 ) unless explicitly authorized by the Congress.", "id": "id5D50A70C1EFE4E03AFE1DE1FDD196A66", "header": null, "nested": [], "links": [ { "text": "6 U.S.C. 452", "legal-doc": "usc", "parsable-cite": "usc/6/452" } ] }, { "text": "514. None of the funds made available in this Act may be used for planning, testing, piloting, or developing a national identification card.", "id": "idCA9109DFEAF54B2A8BF8ECD495D1BEAE", "header": null, "nested": [], "links": [] }, { "text": "515. Any official that is required by this Act to report or to certify to the Committees on Appropriations of the Senate and the House of Representatives may not delegate such authority to perform that act unless specifically authorized herein.", "id": "id11D50E8B66C3425DB658FF81B8A3C937", "header": null, "nested": [], "links": [] }, { "text": "516. None of the funds made available in this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations.", "id": "idBECD588B78AC426D89E8A2A7522500B4", "header": null, "nested": [], "links": [] }, { "text": "517. None of the funds made available in this Act may be used to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) ).", "id": "idD2D6E43198534C2D9274F42CBF225476", "header": null, "nested": [], "links": [ { "text": "8 U.S.C. 1324a(h)(3)", "legal-doc": "usc", "parsable-cite": "usc/8/1324a" } ] }, { "text": "518. Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or performance that does not meet the basic requirements of a contract.", "id": "id48356013D33F4578B8FE21335609BA42", "header": null, "nested": [], "links": [] }, { "text": "519. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, territorial, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.", "id": "idBCF6E805F90142279951447912997A51", "header": null, "nested": [ { "text": "(a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.", "id": "id8e38286a7ae543bb9f10489c0dc23f64", "header": null, "nested": [], "links": [] }, { "text": "(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, territorial, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.", "id": "id56ce3da3bac34e92a65d02f515b38d17", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "520. None of the funds made available in this Act may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel unless law enforcement personnel of the United States continuously monitor or control the firearm at all times.", "id": "id66D6BFCA45D049EDA3BAFBE9AC10A29E", "header": null, "nested": [], "links": [] }, { "text": "521. (a) None of the funds made available in this Act may be used to pay for the travel to or attendance of more than 50 employees of a single component of the Department of Homeland Security, who are stationed in the United States, at a single international conference unless the Secretary of Homeland Security, or a designee, determines that such attendance is in the national interest and notifies the Committees on Appropriations of the Senate and the House of Representatives within at least 10 days of that determination and the basis for that determination. (b) For purposes of this section the term international conference shall mean a conference occurring outside of the United States attended by representatives of the United States Government and of foreign governments, international organizations, or nongovernmental organizations. (c) The total cost to the Department of Homeland Security of any such conference shall not exceed $500,000. (d) Employees who attend a conference virtually without travel away from their permanent duty station within the United States shall not be counted for purposes of this section, and the prohibition contained in this section shall not apply to payments for the costs of attendance for such employees.", "id": "id54D62022457D4D5EB9CDD23719B2AD58", "header": null, "nested": [ { "text": "(a) None of the funds made available in this Act may be used to pay for the travel to or attendance of more than 50 employees of a single component of the Department of Homeland Security, who are stationed in the United States, at a single international conference unless the Secretary of Homeland Security, or a designee, determines that such attendance is in the national interest and notifies the Committees on Appropriations of the Senate and the House of Representatives within at least 10 days of that determination and the basis for that determination.", "id": "id02d98761ab29424ab8176e30bc1a495c", "header": null, "nested": [], "links": [] }, { "text": "(b) For purposes of this section the term international conference shall mean a conference occurring outside of the United States attended by representatives of the United States Government and of foreign governments, international organizations, or nongovernmental organizations.", "id": "id2731bbd4e66f47fc8a4a059ff2940184", "header": null, "nested": [], "links": [] }, { "text": "(c) The total cost to the Department of Homeland Security of any such conference shall not exceed $500,000.", "id": "idCBCA850827F44D8DBC465FBBA04E4B9E", "header": null, "nested": [], "links": [] }, { "text": "(d) Employees who attend a conference virtually without travel away from their permanent duty station within the United States shall not be counted for purposes of this section, and the prohibition contained in this section shall not apply to payments for the costs of attendance for such employees.", "id": "id55b1a9dd4fa84037ae65e275aa7b799a", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "522. None of the funds made available in this Act may be used to reimburse any Federal department or agency for its participation in a National Special Security Event.", "id": "id7C38DD1570CB4D728C5A37E16359FA70", "header": null, "nested": [], "links": [] }, { "text": "523. (a) None of the funds made available to the Department of Homeland Security by this or any other Act may be obligated for the implementation of any structural pay reform or the introduction of any new position classification that will affect more than 100 full-time positions or costs more than $5,000,000 in a single year before the end of the 30-day period beginning on the date on which the Secretary of Homeland Security submits to Congress a notification that includes— (1) the number of full-time positions affected by such change; (2) funding required for such change for the current fiscal year and through the Future Years Homeland Security Program; (3) justification for such change; and (4) for a structural pay reform, an analysis of compensation alternatives to such change that were considered by the Department. (b) Subsection (a) shall not apply to such change if— (1) it was proposed in the President’s budget proposal for the fiscal year funded by this Act; and (2) funds for such change have not been explicitly denied or restricted in this Act.", "id": "id4B5B87E392AA4FBABE4C06FD68E3B61D", "header": null, "nested": [ { "text": "(a) None of the funds made available to the Department of Homeland Security by this or any other Act may be obligated for the implementation of any structural pay reform or the introduction of any new position classification that will affect more than 100 full-time positions or costs more than $5,000,000 in a single year before the end of the 30-day period beginning on the date on which the Secretary of Homeland Security submits to Congress a notification that includes— (1) the number of full-time positions affected by such change; (2) funding required for such change for the current fiscal year and through the Future Years Homeland Security Program; (3) justification for such change; and (4) for a structural pay reform, an analysis of compensation alternatives to such change that were considered by the Department.", "id": "id60052fcbf7ce45dc8afedf19897ab30e", "header": null, "nested": [], "links": [] }, { "text": "(b) Subsection (a) shall not apply to such change if— (1) it was proposed in the President’s budget proposal for the fiscal year funded by this Act; and (2) funds for such change have not been explicitly denied or restricted in this Act.", "id": "id9944090c786c4d25b335d00bbc742421", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "524. (a) Any agency receiving funds made available in this Act shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Committees on Appropriations of the Senate and the House of Representatives in this Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises homeland or national security; or (2) the report contains proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the Committees on Appropriations of the Senate and the House of Representatives for not less than 45 days except as otherwise specified in law.", "id": "idC7F9B57963D943F5A705B749A381649C", "header": null, "nested": [ { "text": "(a) Any agency receiving funds made available in this Act shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Committees on Appropriations of the Senate and the House of Representatives in this Act, upon the determination by the head of the agency that it shall serve the national interest.", "id": "id7325c5efda154fb1be8c30eaaf49e741", "header": null, "nested": [], "links": [] }, { "text": "(b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises homeland or national security; or (2) the report contains proprietary information.", "id": "id992c89b82dba44148907f0372fbcf4a8", "header": null, "nested": [], "links": [] }, { "text": "(c) The head of the agency posting such report shall do so only after such report has been made available to the Committees on Appropriations of the Senate and the House of Representatives for not less than 45 days except as otherwise specified in law.", "id": "id4626add1cace4d3db972be4305e25674", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "525. (a) Funding provided in this Act for Operations and Support may be used for minor procurement, construction, and improvements. (b) For purposes of subsection (a), minor refers to end items with a unit cost of $250,000 or less for personal property, and $2,000,000 or less for real property.", "id": "id7F087B4715E745BABE581B14D1091B00", "header": null, "nested": [ { "text": "(a) Funding provided in this Act for Operations and Support may be used for minor procurement, construction, and improvements.", "id": "idb2537bc3b2bd4ea488b33a568eedc0f4", "header": null, "nested": [], "links": [] }, { "text": "(b) For purposes of subsection (a), minor refers to end items with a unit cost of $250,000 or less for personal property, and $2,000,000 or less for real property.", "id": "id6a4c39a28c86497cbabc450a541d19d6", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "526. The authority provided by section 532 of the Department of Homeland Security Appropriations Act, 2018 ( Public Law 115–141 ) regarding primary and secondary schooling of dependents shall continue in effect during fiscal year 2024.", "id": "id966C1FBADB9444289966B0E2B02E356F", "header": null, "nested": [], "links": [ { "text": "Public Law 115–141", "legal-doc": "public-law", "parsable-cite": "pl/115/141" } ] }, { "text": "527. (a) None of the funds appropriated or otherwise made available to the Department of Homeland Security by this Act may be used to prevent any of the following persons from entering, for the purpose of conducting oversight, any facility operated by or for the Department of Homeland Security used to detain or otherwise house aliens, or to make any temporary modification at any such facility that in any way alters what is observed by a visiting Member of Congress or such designated employee, compared to what would be observed in the absence of such modification: (1) A Member of Congress. (2) An employee of the United States House of Representatives or the United States Senate designated by such a Member for the purposes of this section. (b) Nothing in this section may be construed to require a Member of Congress to provide prior notice of the intent to enter a facility described in subsection (a) for the purpose of conducting oversight. (c) With respect to individuals described in subsection (a)(2), the Department of Homeland Security may require that a request be made at least 24 hours in advance of an intent to enter a facility described in subsection (a).", "id": "id9DEA5521538947F28C521806A9C0EFB8", "header": null, "nested": [ { "text": "(a) None of the funds appropriated or otherwise made available to the Department of Homeland Security by this Act may be used to prevent any of the following persons from entering, for the purpose of conducting oversight, any facility operated by or for the Department of Homeland Security used to detain or otherwise house aliens, or to make any temporary modification at any such facility that in any way alters what is observed by a visiting Member of Congress or such designated employee, compared to what would be observed in the absence of such modification: (1) A Member of Congress. (2) An employee of the United States House of Representatives or the United States Senate designated by such a Member for the purposes of this section.", "id": "id7ccd9b7d0eec404786ca5f34295bbb57", "header": null, "nested": [], "links": [] }, { "text": "(b) Nothing in this section may be construed to require a Member of Congress to provide prior notice of the intent to enter a facility described in subsection (a) for the purpose of conducting oversight.", "id": "id6a81f5127eb74599901ffb2a45982b4d", "header": null, "nested": [], "links": [] }, { "text": "(c) With respect to individuals described in subsection (a)(2), the Department of Homeland Security may require that a request be made at least 24 hours in advance of an intent to enter a facility described in subsection (a).", "id": "id40ef2c0320814494ba5b85676df5dc08", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "528. (a) Except as provided in subsection (b), none of the funds made available in this Act may be used to place restraints on a woman in the custody of the Department of Homeland Security (including during transport, in a detention facility, or at an outside medical facility) who is pregnant or in post-delivery recuperation. (b) Subsection (a) shall not apply with respect to a pregnant woman if— (1) an appropriate official of the Department of Homeland Security makes an individualized determination that the woman— (A) is a serious flight risk, and such risk cannot be prevented by other means; or (B) poses an immediate and serious threat to harm herself or others that cannot be prevented by other means; or (2) a medical professional responsible for the care of the pregnant woman determines that the use of therapeutic restraints is appropriate for the medical safety of the woman. (c) If a pregnant woman is restrained pursuant to subsection (b), only the safest and least restrictive restraints, as determined by the appropriate medical professional treating the woman, may be used. In no case may restraints be used on a woman who is in active labor or delivery, and in no case may a pregnant woman be restrained in a face-down position with four-point restraints, on her back, or in a restraint belt that constricts the area of the pregnancy. A pregnant woman who is immobilized by restraints shall be positioned, to the maximum extent feasible, on her left side.", "id": "idA16EFF3B92DE49F9ACDC3369DE05A975", "header": null, "nested": [ { "text": "(a) Except as provided in subsection (b), none of the funds made available in this Act may be used to place restraints on a woman in the custody of the Department of Homeland Security (including during transport, in a detention facility, or at an outside medical facility) who is pregnant or in post-delivery recuperation.", "id": "ida01fc7f2b1a840f3b6fd4ebc7c291ecd", "header": null, "nested": [], "links": [] }, { "text": "(b) Subsection (a) shall not apply with respect to a pregnant woman if— (1) an appropriate official of the Department of Homeland Security makes an individualized determination that the woman— (A) is a serious flight risk, and such risk cannot be prevented by other means; or (B) poses an immediate and serious threat to harm herself or others that cannot be prevented by other means; or (2) a medical professional responsible for the care of the pregnant woman determines that the use of therapeutic restraints is appropriate for the medical safety of the woman.", "id": "idb0cb9aadb01a4073980419a2c8e79787", "header": null, "nested": [], "links": [] }, { "text": "(c) If a pregnant woman is restrained pursuant to subsection (b), only the safest and least restrictive restraints, as determined by the appropriate medical professional treating the woman, may be used. In no case may restraints be used on a woman who is in active labor or delivery, and in no case may a pregnant woman be restrained in a face-down position with four-point restraints, on her back, or in a restraint belt that constricts the area of the pregnancy. A pregnant woman who is immobilized by restraints shall be positioned, to the maximum extent feasible, on her left side.", "id": "idf56198694c6242df994af83e46c93de0", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "529. (a) None of the funds made available by this Act may be used to destroy any document, recording, or other record pertaining to any— (1) death of, (2) potential sexual assault or abuse perpetrated against, or (3) allegation of abuse, criminal activity, or disruption committed by an individual held in the custody of the Department of Homeland Security. (b) The records referred to in subsection (a) shall be made available, in accordance with applicable laws and regulations, and Federal rules governing disclosure in litigation, to an individual who has been charged with a crime, been placed into segregation, or otherwise punished as a result of an allegation described in paragraph (3), upon the request of such individual.", "id": "idCB667560AE354F239C57CE2A43FB53AA", "header": null, "nested": [ { "text": "(a) None of the funds made available by this Act may be used to destroy any document, recording, or other record pertaining to any— (1) death of, (2) potential sexual assault or abuse perpetrated against, or (3) allegation of abuse, criminal activity, or disruption committed by an individual held in the custody of the Department of Homeland Security.", "id": "idd2df404367254cad8165cf0af86e059c", "header": null, "nested": [], "links": [] }, { "text": "(b) The records referred to in subsection (a) shall be made available, in accordance with applicable laws and regulations, and Federal rules governing disclosure in litigation, to an individual who has been charged with a crime, been placed into segregation, or otherwise punished as a result of an allegation described in paragraph (3), upon the request of such individual.", "id": "id26266087ad7446a397a722b2cdee42e5", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "530. Section 519 of division F of Public Law 114–113 , regarding a prohibition on funding for any position designated as a Principal Federal Official, shall apply with respect to any Federal funds in the same manner as such section applied to funds made available in that Act.", "id": "idD97260DA941943059505EA08DB417E8B", "header": null, "nested": [], "links": [ { "text": "Public Law 114–113", "legal-doc": "public-law", "parsable-cite": "pl/114/113" } ] }, { "text": "531. (a) Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the Under Secretary for Management of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a report on the unfunded priorities, for the Department of Homeland Security and separately for each departmental component, for which discretionary funding would be classified as budget function 050. (b) Each report under this section shall specify, for each such unfunded priority— (1) a summary description, including the objectives to be achieved if such priority is funded (whether in whole or in part); (2) the description, including the objectives to be achieved if such priority is funded (whether in whole or in part); (3) account information, including the following (as applicable): (A) appropriation account; and (B) program, project, or activity name; and (4) the additional number of full-time or part-time positions to be funded as part of such priority. (c) In this section, the term unfunded priority , in the case of a fiscal year, means a requirement that— (1) is not funded in the budget referred to in subsection (a); (2) is necessary to fulfill a requirement associated with an operational or contingency plan for the Department; and (3) would have been recommended for funding through the budget referred to in subsection (a) if— (A) additional resources had been available for the budget to fund the requirement; (B) the requirement has emerged since the budget was formulated; or (C) the requirement is necessary to sustain prior-year investments.", "id": "idB1669BB046EF4052BDA15610ED577E22", "header": null, "nested": [ { "text": "(a) Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the Under Secretary for Management of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a report on the unfunded priorities, for the Department of Homeland Security and separately for each departmental component, for which discretionary funding would be classified as budget function 050.", "id": "id9613cfd554cc4b65bd07104533e8be35", "header": null, "nested": [], "links": [] }, { "text": "(b) Each report under this section shall specify, for each such unfunded priority— (1) a summary description, including the objectives to be achieved if such priority is funded (whether in whole or in part); (2) the description, including the objectives to be achieved if such priority is funded (whether in whole or in part); (3) account information, including the following (as applicable): (A) appropriation account; and (B) program, project, or activity name; and (4) the additional number of full-time or part-time positions to be funded as part of such priority.", "id": "id7990bf283507449b90d319fb44a3055c", "header": null, "nested": [], "links": [] }, { "text": "(c) In this section, the term unfunded priority , in the case of a fiscal year, means a requirement that— (1) is not funded in the budget referred to in subsection (a); (2) is necessary to fulfill a requirement associated with an operational or contingency plan for the Department; and (3) would have been recommended for funding through the budget referred to in subsection (a) if— (A) additional resources had been available for the budget to fund the requirement; (B) the requirement has emerged since the budget was formulated; or (C) the requirement is necessary to sustain prior-year investments.", "id": "id3fd0e869dd844f828835953290f2420e", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "532. (a) Not later than 10 days after a determination is made by the President to evaluate and initiate protection under any authority for a former or retired Government official or employee, or for an individual who, during the duration of the directed protection, will become a former or retired Government official or employee (referred to in this section as a covered individual ), the Secretary of Homeland Security shall submit a notification to congressional leadership and the Committees on Appropriations of the Senate and the House of Representatives, the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Oversight and Reform of the House of Representatives (referred to in this section as the appropriate congressional committees ). (b) Such notification may be submitted in classified form, if necessary, and in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, as appropriate, and shall include the threat assessment, scope of the protection, and the anticipated cost and duration of such protection. (c) Not later than 15 days before extending, or 30 days before terminating, protection for a covered individual, the Secretary of Homeland Security shall submit a notification regarding the extension or termination and any change to the threat assessment to the congressional leadership and the appropriate congressional committees. (d) Not later than 45 days after the date of enactment of this Act, and quarterly thereafter, the Secretary shall submit a report to the congressional leadership and the appropriate congressional committees, which may be submitted in classified form, if necessary, detailing each covered individual, and the scope and associated cost of protection.", "id": "idED0180FA80E14A75AC08232DDB6D4F77", "header": null, "nested": [ { "text": "(a) Not later than 10 days after a determination is made by the President to evaluate and initiate protection under any authority for a former or retired Government official or employee, or for an individual who, during the duration of the directed protection, will become a former or retired Government official or employee (referred to in this section as a covered individual ), the Secretary of Homeland Security shall submit a notification to congressional leadership and the Committees on Appropriations of the Senate and the House of Representatives, the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Oversight and Reform of the House of Representatives (referred to in this section as the appropriate congressional committees ).", "id": "idcc94dd40089540bf99e39d82afa0f0d2", "header": null, "nested": [], "links": [] }, { "text": "(b) Such notification may be submitted in classified form, if necessary, and in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, as appropriate, and shall include the threat assessment, scope of the protection, and the anticipated cost and duration of such protection.", "id": "idfac201fa6e5344c996cc63783b14161f", "header": null, "nested": [], "links": [] }, { "text": "(c) Not later than 15 days before extending, or 30 days before terminating, protection for a covered individual, the Secretary of Homeland Security shall submit a notification regarding the extension or termination and any change to the threat assessment to the congressional leadership and the appropriate congressional committees.", "id": "idbf394ea1f47b40f290bd92b8c7a7042d", "header": null, "nested": [], "links": [] }, { "text": "(d) Not later than 45 days after the date of enactment of this Act, and quarterly thereafter, the Secretary shall submit a report to the congressional leadership and the appropriate congressional committees, which may be submitted in classified form, if necessary, detailing each covered individual, and the scope and associated cost of protection.", "id": "id71c8a14b80904bdcb52d389bf55d53c9", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "533. (a) None of the funds provided to the Department of Homeland Security in this or any prior Act may be used by an agency to submit an initial project proposal to the Technology Modernization Fund (as authorized by section 1078 of subtitle G of title X of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 )) unless, concurrent with the submission of an initial project proposal to the Technology Modernization Board, the head of the agency— (1) notifies the Committees on Appropriations of the Senate and the House of Representatives of the proposed submission of the project proposal; (2) submits to the Committees on Appropriations a copy of the project proposal; and (3) provides a detailed analysis of how the proposed project funding would supplement or supplant funding requested as part of the Department's most recent budget submission. (b) None of the funds provided to the Department of Homeland Security by the Technology Modernization Fund shall be available for obligation until 15 days after a report on such funds has been transmitted to the Committees on Appropriations of the Senate and the House of Representatives. (c) The report described in subsection (b) shall include— (1) the full project proposal submitted to and approved by the Fund’s Technology Modernization Board; (2) the finalized interagency agreement between the Department and the Fund including the project’s deliverables and repayment terms, as applicable; (3) a detailed analysis of how the project will supplement or supplant existing funding available to the Department for similar activities; (4) a plan for how the Department will repay the Fund, including specific planned funding sources, as applicable; and (5) other information as determined by the Secretary.", "id": "id8E09DEA42F4242939E2BFE1B86F1D225", "header": null, "nested": [ { "text": "(a) None of the funds provided to the Department of Homeland Security in this or any prior Act may be used by an agency to submit an initial project proposal to the Technology Modernization Fund (as authorized by section 1078 of subtitle G of title X of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 )) unless, concurrent with the submission of an initial project proposal to the Technology Modernization Board, the head of the agency— (1) notifies the Committees on Appropriations of the Senate and the House of Representatives of the proposed submission of the project proposal; (2) submits to the Committees on Appropriations a copy of the project proposal; and (3) provides a detailed analysis of how the proposed project funding would supplement or supplant funding requested as part of the Department's most recent budget submission.", "id": "id5fa12c528ff04e6c941031cb024fe1c2", "header": null, "nested": [], "links": [ { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" } ] }, { "text": "(b) None of the funds provided to the Department of Homeland Security by the Technology Modernization Fund shall be available for obligation until 15 days after a report on such funds has been transmitted to the Committees on Appropriations of the Senate and the House of Representatives.", "id": "idc0e90bbde0b24648854c2c958ea0922f", "header": null, "nested": [], "links": [] }, { "text": "(c) The report described in subsection (b) shall include— (1) the full project proposal submitted to and approved by the Fund’s Technology Modernization Board; (2) the finalized interagency agreement between the Department and the Fund including the project’s deliverables and repayment terms, as applicable; (3) a detailed analysis of how the project will supplement or supplant existing funding available to the Department for similar activities; (4) a plan for how the Department will repay the Fund, including specific planned funding sources, as applicable; and (5) other information as determined by the Secretary.", "id": "id31fc5d1648224665848e16ea81005e93", "header": null, "nested": [], "links": [] } ], "links": [ { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" } ] }, { "text": "534. Within 60 days of any budget submission for the Department of Homeland Security for fiscal year 2025 that assumes revenues or proposes a reduction from the previous year based on user fees proposals that have not been enacted into law prior to the submission of the budget, the Secretary of Homeland Security shall provide the Committees on Appropriations of the Senate and the House of Representatives specific reductions in proposed discretionary budget authority commensurate with the revenues assumed in such proposals in the event that they are not enacted prior to October 1, 2024.", "id": "id89E08D0CDB3945C2BEB68FA6878AE7ED", "header": null, "nested": [], "links": [] }, { "text": "535. None of the funds made available by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty.", "id": "idCB75BB640FC44928A778B2E53705BF74", "header": null, "nested": [], "links": [] }, { "text": "536. No Federal funds made available to the Department of Homeland Security may be used to enter into a procurement contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or guarantee to, any entity identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) or any subsidiary of such entity.", "id": "id789071B207174FECB95AA36BED778F47", "header": null, "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" } ] }, { "text": "537. None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.", "id": "id284B7B23946E4E99835ACF2606B64762", "header": null, "nested": [], "links": [] }, { "text": "538. (a) The Secretary of Homeland Security (in this section referred to as the Secretary ) shall, on a bimonthly basis beginning immediately after the date of enactment of this Act, develop estimates of the number of noncitizens anticipated to arrive at the southwest border of the United States. (b) The Secretary shall ensure that, at a minimum, the estimates developed pursuant to subsection (a)— (1) cover the current fiscal year and the following fiscal year; (2) include a breakout by demographics, to include single adults, family units, and unaccompanied children; (3) undergo an independent validation and verification review; (4) are used to inform policy planning and budgeting processes within the Department of Homeland Security; and (5) are included in the budget materials submitted to Congress for each fiscal year beginning after the date of enactment of this Act and in support of— (A) the President’s annual budget request pursuant to section 1105 of title 31, United States Code; (B) any supplemental funding request submitted to Congress; (C) any reprogramming and transfer notification pursuant to section 503 of this Act; and (D) such budget materials shall include— (i) the most recent bimonthly estimates developed pursuant to subsection (a); (ii) a description and quantification of the estimates used to justify funding requests for Department programs related to border security, immigration enforcement, and immigration services; (iii) a description and quantification of the anticipated workload and requirements resulting from such estimates; and (iv) a confirmation as to whether the budget requests for impacted agencies were developed using the same estimates. (c) The Secretary shall share the bimonthly estimates developed pursuant to subsection (a) with the Secretary of Health and Human Services, the Attorney General, the Secretary of State, and the Committees on Appropriations of the Senate and the House of Representatives.", "id": "idF52F16797C2E4AB8BB632E07C29AA973", "header": null, "nested": [ { "text": "(a) The Secretary of Homeland Security (in this section referred to as the Secretary ) shall, on a bimonthly basis beginning immediately after the date of enactment of this Act, develop estimates of the number of noncitizens anticipated to arrive at the southwest border of the United States.", "id": "id08c6e0186eee4928bc392e8d03a52919", "header": null, "nested": [], "links": [] }, { "text": "(b) The Secretary shall ensure that, at a minimum, the estimates developed pursuant to subsection (a)— (1) cover the current fiscal year and the following fiscal year; (2) include a breakout by demographics, to include single adults, family units, and unaccompanied children; (3) undergo an independent validation and verification review; (4) are used to inform policy planning and budgeting processes within the Department of Homeland Security; and (5) are included in the budget materials submitted to Congress for each fiscal year beginning after the date of enactment of this Act and in support of— (A) the President’s annual budget request pursuant to section 1105 of title 31, United States Code; (B) any supplemental funding request submitted to Congress; (C) any reprogramming and transfer notification pursuant to section 503 of this Act; and (D) such budget materials shall include— (i) the most recent bimonthly estimates developed pursuant to subsection (a); (ii) a description and quantification of the estimates used to justify funding requests for Department programs related to border security, immigration enforcement, and immigration services; (iii) a description and quantification of the anticipated workload and requirements resulting from such estimates; and (iv) a confirmation as to whether the budget requests for impacted agencies were developed using the same estimates.", "id": "id2f1691bea8ca4ecfb00cf8557708daa0", "header": null, "nested": [], "links": [] }, { "text": "(c) The Secretary shall share the bimonthly estimates developed pursuant to subsection (a) with the Secretary of Health and Human Services, the Attorney General, the Secretary of State, and the Committees on Appropriations of the Senate and the House of Representatives.", "id": "idc36dbd1bda494761be17cfeebed93be6", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "539. Section 210G(i) of the Homeland Security Act of 2002 ( 6 U.S.C. 124n(i) ) shall be applied by substituting September 30, 2024 for the date that is 4 years after the date of enactment of this section.", "id": "id919B89011D42434ABFB1FBF2A2B2A4D2", "header": null, "nested": [], "links": [ { "text": "6 U.S.C. 124n(i)", "legal-doc": "usc", "parsable-cite": "usc/6/124n" } ] }, { "text": "540. Each amount designated in this Act by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress.", "id": "ida1ecde5237484dea945282921b7113ec", "header": null, "nested": [], "links": [] }, { "text": "541. Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) shall be applied by substituting September 30, 2024 for September 30, 2015.", "id": "id5cc101de01a145bab7b771978343f3b9", "header": null, "nested": [], "links": [ { "text": "8 U.S.C. 1324a", "legal-doc": "usc", "parsable-cite": "usc/8/1324a" } ] }, { "text": "542. Subclauses (II) and (III) of section 101(a)(27)(C)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(C)(ii) ) shall be applied by substituting September 30, 2024 for September 30, 2015.", "id": "ida63cd31453ce4fc593938c453ecc2e80", "header": null, "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(27)(C)(ii)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "543. Notwithstanding the numerical limitation set forth in section 214(g)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(1)(B) ), the Secretary of Homeland Security, after consultation with the Secretary of Labor, and upon determining that the needs of American businesses cannot be satisfied during fiscal year 2024 with United States workers who are willing, qualified, and able to perform temporary nonagricultural labor, may increase the total number of aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of such Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ) in such fiscal year above such limitation by not more than the highest number of H–2B nonimmigrants who participated in the H–2B returning worker program in any fiscal year in which returning workers were exempt from such numerical limitation.", "id": "id7c337eaf210e46c3989ad8e91fd7f84e", "header": null, "nested": [], "links": [ { "text": "8 U.S.C. 1184(g)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" }, { "text": "8 U.S.C. 1101(a)(15)(H)(ii)(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "544. Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 ( 8 U.S.C. 1182 note) shall be applied by substituting September 30, 2024 for September 30, 2015.", "id": "id07ca670260684e6c9af722889d1f7fc4", "header": null, "nested": [], "links": [ { "text": "8 U.S.C. 1182", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "545. Of the funds appropriated to the Department of Homeland Security, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985: (1) $1,473,000 from the unobligated balances available in the U.S. Customs and Border Protection—Procurement, Construction, and Improvements account (70 X 0532). (2) $1,842,000 from the unobligated balances available in the U.S. Customs and Border Protection—Border Security Fencing, Infrastructure, and Technology account (70 X 0533). (3) $452,000 from the unobligated balances available in the U.S. Customs and Border Protection—Air and Marine Interdiction, Operations, Maintenance, and Procurement account (70 X 0544). (4) $1,000,000 from the unobligated balances available in the U.S. Immigration and Customs Enforcement—Operations and Support account (70 23/24 0540). (5) $2,092,841 from the unobligated balances available in the U.S. Immigration and Customs Enforcement—Operations and Support account (70 X 0540). (6) $10,439 from the unobligated balances available in the U.S. Immigration and Customs Enforcement—Automation Modernization account (70 X 0543). (7) $63,591,000 from the unobligated balances available in the Transportation Security Administration—Operations and Support account (70 X 0550). (8) $22,600,000 from the unobligated balances available in the Coast Guard—Acquisition, Construction, and Improvements account (70 X 0613). (9) $2,400,000 from the unobligated balances available in the United States Secret Service—Operations and Support account (70 X 0400). (10) $4,000,000 from the unobligated balances available in the United States Secret Service—Procurement, Construction, and Improvements account (70 23/25 0401). (11) $3,500,000 from the unobligated balances available in the Cybersecurity and Infrastructure Security Agency—Procurement, Construction, and Improvements account (70 23/27 0412). (12) $800,000 from the unobligated balances available in the Federal Law Enforcement Training Centers—Procurement, Construction, and Improvements account (70 20/24 0510). (13) $900,000 from the unobligated balances available in the Science and Technology Directorate—Operations and Support account (70 X 0800). (14) $388,522 from the unobligated balances available in the Countering Weapons of Mass Destruction Office—Research and Development account (70 22/24 0860). (15) $11,478 from the unobligated balances available in the Countering Weapons of Mass Destruction Office—Research and Development account (70 X 0860).", "id": "id7921F16358C74EFCBFFEDE63B0DD6BDE", "header": null, "nested": [], "links": [] } ]

[ "Air quality", "Appropriations", "Arms control and nonproliferation", "Aviation and airports", "Border security and unlawful immigration", "Building construction", "Cardiovascular and respiratory health", "Child safety and welfare", "Citizenship and naturalization", "Climate change and greenhouse gases", "Coast guard", "Computer security and identity theft", "Customs enforcement", "Department of Homeland Security", "Disaster relief and insurance", "Emergency medical services and trauma care", "Executive agency funding and structure", "Family relationships", "Federal Emergency Management Agency (FEMA)", "Floods and storm protection", "Health promotion and preventive care", "Immigrant health and welfare", "Immigration status and procedures", "Infectious and parasitic diseases", "Intelligence activities, surveillance, classified information", "Latin America", "Law enforcement administration and funding", "Law enforcement officers", "Medical tests and diagnostic methods", "Mexico", "Public contracts and procurement", "Research administration and funding", "Research and development", "Transportation safety and security", "User charges and fees" ]

[ { "text": "1. Prohibition on contracting with certain biotechnology providers \n(a) In general \nThe head of an executive agency may not— (1) procure or obtain any biotechnology equipment or service produced or provided by a biotechnology company of concern; or (2) enter into a contract or extend or renew a contract with any entity that— (A) uses biotechnology equipment or services produced or provided by a biotechnology company of concern and acquired after the applicable effective date in subsection (c) in performance of the contract; or (B) enters into any contract the performance of which will require the direct use of biotechnology equipment or services produced or provided by a biotechnology company of concern and acquired after the applicable effective date in subsection (c). (b) Prohibition on loan and grant funds \nThe head of an executive agency may not obligate or expend loan or grant funds to— (1) procure or obtain any biotechnology equipment or services produced or provided by a biotechnology company of concern; or (2) enter into a contract or extend or renew a contract with an entity described in subsection (a)(2). (c) Effective dates \n(1) Certain entities \nWith respect to the biotechnology companies of concern covered by subsection (f)(2)(A), the prohibitions under subsections (a) and (b) shall take effect 60 days after the issuance of the implementing guidance in subsection (f)(3) or the expiration of the deadline set forth in subsection (f)(3), whichever occurs first. (2) Other entities \nWith respect to the biotechnology companies of concern covered by subsection (f)(2)(B), the prohibitions under subsections (a) and (b) shall take effect 180 days after the issuance of the implementing guidance in subsection (f)(3). (d) Waiver authorities \n(1) Specific biotechnology exception \n(A) Waiver \nThe head of an executive agency may waive the prohibition under subsection (a) and (b) on a case-by-case basis— (i) with the approval of the Director of the Office of Management and Budget, in consultation with the Federal Acquisition Security Council and the Secretary of Defense; and (ii) if such head submits a notification and justification to the appropriate congressional committees not later than 30 days after granting such waiver. (B) Duration \n(i) In general \nExcept as provided in clause (ii), a waiver granted under subparagraph (A) shall last for a period of not more than 365 days. (ii) Extension \nThe Director of the Office of Management and Budget, in consultation with the Federal Acquisition Security Council and the Secretary of Defense, may extend a waiver granted under subparagraph (A) one time, for a period up to 180 days after the date on which the waiver would otherwise expire, if such an extension is in the national security interests of the United States and the Director submits to the appropriate congressional committees a notification of such waiver. (2) Overseas health care services \nThe head of an executive agency may waive the prohibitions under subsections (a) and (b) with respect to a contract, subcontract, or transaction for the acquisition or provision of health care services overseas on a case-by-case basis— (A) if the head of such executive agency determines that the waiver is— (i) necessary to support the mission or activities of the employees of such executive agency described in subsection (e)(2)(A); and (ii) in the interest of the United States; (B) with the approval of the Director of the Office of Management and Budget, in consultation with the Federal Acquisition Security Council and the Secretary of Defense; and (C) if such head submits a notification and justification to the appropriate congressional committees not later than 30 days after granting such waiver. (e) Exceptions \nThe prohibitions under subsections (a) and (b) shall not apply to— (1) any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States; (2) the acquisition or provision of health care services overseas for— (A) employees of the United States, including members of the uniformed services (as defined in section 101(a) of title 10, United States Code), whose official duty stations are located overseas or are on permissive temporary duty travel overseas; or (B) employees of contractors or subcontractors of the United States— (i) who are performing under a contract that directly supports the missions or activities of individuals described in subparagraph (A); and (ii) whose primary duty stations are located overseas or are on permissive temporary duty travel overseas; or (3) the acquisition, use, or distribution of human multiomic data, however compiled, that is commercially or publicly available. (f) Evaluation of certain biotechnology entities \n(1) Entity consideration \nNot later than 120 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Health and Human Services, the Secretary of Commerce, the Director of National Intelligence, the Secretary of Homeland Security, and the Secretary of State, shall develop a list of the entities that constitute biotechnology companies of concern. (2) Biotechnology companies of concern defined \nThe term biotechnology company of concern means— (A) BGI, MGI, Complete Genomics, Wuxi Apptec, and any subsidiary, parent affiliate, or successor of such entities; and (B) any entity that— (i) is subject to the jurisdiction, direction, control, or operates on behalf of the government of a foreign adversary; (ii) is to any extent involved in the manufacturing, distribution, provision, or procurement of a biotechnology equipment or service; and (iii) poses a risk to the national security of the United States based on— (I) engaging in joint research with, being supported by, or being affiliated with a foreign adversary’s military, internal security forces, or intelligence agencies; (II) providing multiomic data obtained via biotechnology equipment or services to the government of a foreign adversary; or (III) obtaining human multiomic data via the biotechnology equipment or services without express and informed consent. (3) Guidance \nNot later than 120 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Health and Human Services, the Secretary of Commerce, the Director of National Intelligence, the Secretary of Homeland Security, and the Secretary of State, shall establish guidance necessary to implement the requirements of this section. (4) Updates \nThe Director of the Office of Management and Budget, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Health and Human Services, the Secretary of Commerce, the Director of National Intelligence, the Secretary of Homeland Security, and the Secretary of State, shall periodically, though not less than annually, review and, as appropriate, make a determination to modify the list of biotechnology companies of concern. (g) Regulations \nNot later than one year after the date of establishment of guidance required under subsection (f)(3), the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation as necessary to implement the requirements of this section. (h) No additional funds \nNo additional funds are authorized to be appropriated for the purpose of carrying out this section. (i) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Oversight and Accountability, the Committee on Energy and Commerce, and the Select Committee on Strategic Competition between the United States and the Chinese Communist Party of the House of Representatives. (2) Biotechnology equipment or service \nThe term biotechnology equipment or service means— (A) equipment, including genetic sequencers, mass spectrometers, polymerase chain reaction machines, or any other instrument, apparatus, machine, or device, including components and accessories thereof, that is designed for use in the research, development, production, or analysis of biological materials as well as any software, firmware, or other digital components that are specifically designed for use in, and necessary for the operation of, such equipment; (B) any service for the research, development, production, analysis, detection, or provision of information, including data storage and transmission related to biological materials, including— (i) advising, consulting, or support services with respect to the use or implementation of a instrument, apparatus, machine, or device described in subparagraph (A); and (ii) disease detection, genealogical information, and related services; and (C) any other service, instrument, apparatus, machine, component, accessory, device, software, or firmware that the Director of the Office of Management and Budget, in consultation with the heads of Executive agencies, as determined appropriate by the Director of the Office of Management and Budget, determines appropriate. (3) Control \nThe term control has the meaning given to that term in section 800.208 of title 31, Code of Federal Regulations, or any successor regulations. (4) Executive agency \nThe term executive agency has the meaning given the term Executive agency in section 105 of title 5, United States Code. (5) Foreign adversary \nThe term foreign adversary has the meaning given the term covered nation in section 4872(d) of title 10, United States Code. (6) Multiomic \nThe term multiomic means data types that include genomics, epigenomics, transcriptomics, proteomics, and metabolomics. (7) Overseas \nThe term overseas means any area outside of the United States, the Commonwealth of Puerto Rico, or a territory or possession of the United States.", "id": "idf289f52e68ab43268a95251925079bd4", "header": "Prohibition on contracting with certain biotechnology providers", "nested": [ { "text": "(a) In general \nThe head of an executive agency may not— (1) procure or obtain any biotechnology equipment or service produced or provided by a biotechnology company of concern; or (2) enter into a contract or extend or renew a contract with any entity that— (A) uses biotechnology equipment or services produced or provided by a biotechnology company of concern and acquired after the applicable effective date in subsection (c) in performance of the contract; or (B) enters into any contract the performance of which will require the direct use of biotechnology equipment or services produced or provided by a biotechnology company of concern and acquired after the applicable effective date in subsection (c).", "id": "idea3b4484d60340dd942533419396e662", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Prohibition on loan and grant funds \nThe head of an executive agency may not obligate or expend loan or grant funds to— (1) procure or obtain any biotechnology equipment or services produced or provided by a biotechnology company of concern; or (2) enter into a contract or extend or renew a contract with an entity described in subsection (a)(2).", "id": "id3ddafeff97aa40909c7f75395a2caef0", "header": "Prohibition on loan and grant funds", "nested": [], "links": [] }, { "text": "(c) Effective dates \n(1) Certain entities \nWith respect to the biotechnology companies of concern covered by subsection (f)(2)(A), the prohibitions under subsections (a) and (b) shall take effect 60 days after the issuance of the implementing guidance in subsection (f)(3) or the expiration of the deadline set forth in subsection (f)(3), whichever occurs first. (2) Other entities \nWith respect to the biotechnology companies of concern covered by subsection (f)(2)(B), the prohibitions under subsections (a) and (b) shall take effect 180 days after the issuance of the implementing guidance in subsection (f)(3).", "id": "id86fb15ec8b1f4a87a7567ab88968fbf2", "header": "Effective dates", "nested": [], "links": [] }, { "text": "(d) Waiver authorities \n(1) Specific biotechnology exception \n(A) Waiver \nThe head of an executive agency may waive the prohibition under subsection (a) and (b) on a case-by-case basis— (i) with the approval of the Director of the Office of Management and Budget, in consultation with the Federal Acquisition Security Council and the Secretary of Defense; and (ii) if such head submits a notification and justification to the appropriate congressional committees not later than 30 days after granting such waiver. (B) Duration \n(i) In general \nExcept as provided in clause (ii), a waiver granted under subparagraph (A) shall last for a period of not more than 365 days. (ii) Extension \nThe Director of the Office of Management and Budget, in consultation with the Federal Acquisition Security Council and the Secretary of Defense, may extend a waiver granted under subparagraph (A) one time, for a period up to 180 days after the date on which the waiver would otherwise expire, if such an extension is in the national security interests of the United States and the Director submits to the appropriate congressional committees a notification of such waiver. (2) Overseas health care services \nThe head of an executive agency may waive the prohibitions under subsections (a) and (b) with respect to a contract, subcontract, or transaction for the acquisition or provision of health care services overseas on a case-by-case basis— (A) if the head of such executive agency determines that the waiver is— (i) necessary to support the mission or activities of the employees of such executive agency described in subsection (e)(2)(A); and (ii) in the interest of the United States; (B) with the approval of the Director of the Office of Management and Budget, in consultation with the Federal Acquisition Security Council and the Secretary of Defense; and (C) if such head submits a notification and justification to the appropriate congressional committees not later than 30 days after granting such waiver.", "id": "idea9e26b4d38e488a87f5364506a6d032", "header": "Waiver authorities", "nested": [], "links": [] }, { "text": "(e) Exceptions \nThe prohibitions under subsections (a) and (b) shall not apply to— (1) any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States; (2) the acquisition or provision of health care services overseas for— (A) employees of the United States, including members of the uniformed services (as defined in section 101(a) of title 10, United States Code), whose official duty stations are located overseas or are on permissive temporary duty travel overseas; or (B) employees of contractors or subcontractors of the United States— (i) who are performing under a contract that directly supports the missions or activities of individuals described in subparagraph (A); and (ii) whose primary duty stations are located overseas or are on permissive temporary duty travel overseas; or (3) the acquisition, use, or distribution of human multiomic data, however compiled, that is commercially or publicly available.", "id": "id8d5e22d652cb47a4a71575c16eed07cb", "header": "Exceptions", "nested": [], "links": [ { "text": "50 U.S.C. 3091 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/3091" } ] }, { "text": "(f) Evaluation of certain biotechnology entities \n(1) Entity consideration \nNot later than 120 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Health and Human Services, the Secretary of Commerce, the Director of National Intelligence, the Secretary of Homeland Security, and the Secretary of State, shall develop a list of the entities that constitute biotechnology companies of concern. (2) Biotechnology companies of concern defined \nThe term biotechnology company of concern means— (A) BGI, MGI, Complete Genomics, Wuxi Apptec, and any subsidiary, parent affiliate, or successor of such entities; and (B) any entity that— (i) is subject to the jurisdiction, direction, control, or operates on behalf of the government of a foreign adversary; (ii) is to any extent involved in the manufacturing, distribution, provision, or procurement of a biotechnology equipment or service; and (iii) poses a risk to the national security of the United States based on— (I) engaging in joint research with, being supported by, or being affiliated with a foreign adversary’s military, internal security forces, or intelligence agencies; (II) providing multiomic data obtained via biotechnology equipment or services to the government of a foreign adversary; or (III) obtaining human multiomic data via the biotechnology equipment or services without express and informed consent. (3) Guidance \nNot later than 120 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Health and Human Services, the Secretary of Commerce, the Director of National Intelligence, the Secretary of Homeland Security, and the Secretary of State, shall establish guidance necessary to implement the requirements of this section. (4) Updates \nThe Director of the Office of Management and Budget, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Health and Human Services, the Secretary of Commerce, the Director of National Intelligence, the Secretary of Homeland Security, and the Secretary of State, shall periodically, though not less than annually, review and, as appropriate, make a determination to modify the list of biotechnology companies of concern.", "id": "id928b5a217fe94630ba91ce72fe6a62c7", "header": "Evaluation of certain biotechnology entities", "nested": [], "links": [] }, { "text": "(g) Regulations \nNot later than one year after the date of establishment of guidance required under subsection (f)(3), the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation as necessary to implement the requirements of this section.", "id": "id9be9485913514d9c94be760c84338880", "header": "Regulations", "nested": [], "links": [] }, { "text": "(h) No additional funds \nNo additional funds are authorized to be appropriated for the purpose of carrying out this section.", "id": "id5cfd68e1065d4272a8004978f7b33dc0", "header": "No additional funds", "nested": [], "links": [] }, { "text": "(i) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Oversight and Accountability, the Committee on Energy and Commerce, and the Select Committee on Strategic Competition between the United States and the Chinese Communist Party of the House of Representatives. (2) Biotechnology equipment or service \nThe term biotechnology equipment or service means— (A) equipment, including genetic sequencers, mass spectrometers, polymerase chain reaction machines, or any other instrument, apparatus, machine, or device, including components and accessories thereof, that is designed for use in the research, development, production, or analysis of biological materials as well as any software, firmware, or other digital components that are specifically designed for use in, and necessary for the operation of, such equipment; (B) any service for the research, development, production, analysis, detection, or provision of information, including data storage and transmission related to biological materials, including— (i) advising, consulting, or support services with respect to the use or implementation of a instrument, apparatus, machine, or device described in subparagraph (A); and (ii) disease detection, genealogical information, and related services; and (C) any other service, instrument, apparatus, machine, component, accessory, device, software, or firmware that the Director of the Office of Management and Budget, in consultation with the heads of Executive agencies, as determined appropriate by the Director of the Office of Management and Budget, determines appropriate. (3) Control \nThe term control has the meaning given to that term in section 800.208 of title 31, Code of Federal Regulations, or any successor regulations. (4) Executive agency \nThe term executive agency has the meaning given the term Executive agency in section 105 of title 5, United States Code. (5) Foreign adversary \nThe term foreign adversary has the meaning given the term covered nation in section 4872(d) of title 10, United States Code. (6) Multiomic \nThe term multiomic means data types that include genomics, epigenomics, transcriptomics, proteomics, and metabolomics. (7) Overseas \nThe term overseas means any area outside of the United States, the Commonwealth of Puerto Rico, or a territory or possession of the United States.", "id": "id872156a921b949c1b621e3fac18bfe12", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 3091 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/3091" } ] } ]

[ "Congressional oversight", "Government information and archives", "Health technology, devices, supplies", "Public contracts and procurement" ]

[ { "text": "1. Short title \nThis Act may be cited as the Expanding Access to Capital for Rural Job Creators Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Access to capital for rural-area small businesses \nSection 4(j) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78d(j) ) is amended— (1) in paragraph (4)(C), by inserting rural-area small businesses, after women-owned small businesses, ; and (2) in paragraph (6)(B)(iii), by inserting rural-area small businesses, after women-owned small businesses,.", "id": "id314ED3C00B824B5B9F21F653ED2C29E9", "header": "Access to capital for rural-area small businesses", "nested": [], "links": [ { "text": "15 U.S.C. 78d(j)", "legal-doc": "usc", "parsable-cite": "usc/15/78d" } ] } ]

[ "Business investment and capital", "Rural conditions and development", "Securities and Exchange Commission (SEC)", "Small business" ]

[ { "text": "1. Short title \nThis Act may be cited as the Federal Agency Performance Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Establishment of Strategic Reviews and Reporting \n(a) Strategic Reviews \n(1) In general \nSection 1121 of title 31, United States Code, is amended— (A) by striking the section heading and inserting Progress reviews and use of performance information ; and (B) by adding at the end the following: (c) Agency reviews of progress towards strategic goals and objectives \n(1) Covered Goal defined \nIn this subsection, the term covered goal means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5. (2) Review \nNot less frequently than annually and consistent with guidance issued by the Director of the Office of Management and Budget, the head and Chief Operating Officer of each agency, shall— (A) for each covered goal, review with the appropriate agency official responsible for the covered goal— (i) the progress achieved toward the covered goal— (I) during the most recent fiscal year; or (II) from recent sources of evidence available at the time of the review; and (ii) the likelihood that the agency will achieve the covered goal; (B) coordinate with relevant personnel within and outside the agency who contribute to the accomplishment of each covered goal; (C) assess progress toward each covered goal by reviewing performance information and other types of evidence relating to each covered goal, such as program evaluations and statistical data; (D) identify whether additional evidence is necessary to better assess progress toward each covered goal, and prioritize the development of the evidence described in subparagraph (C), such as through the plans required under section 312 of title 5, if applicable; (E) assess whether relevant organizations, program activities, regulations, policies, and other activities contribute as planned to each covered goal; (F) as appropriate, leverage the assessment performed under subparagraph (E) as part of the portfolio reviews required under section 503(c)(1)(G); (G) identify any risks or impediments that would reduce or otherwise decrease the likelihood that the agency will achieve the covered goal; and (H) for each covered goal at greatest risk of not being achieved, identify prospects and strategies for performance improvement, including any necessary changes to program activities, regulations, policies, or other activities of the agency. (3) Support \nIn fulfilling the requirements of paragraph (2), the head and Chief Operating Officer of each agency shall be supported by— (A) the Performance Improvement Officer of the agency; (B) as appropriate, the Chief Data Officer, Evaluation Officer, Program Management Improvement Officer, and Statistical Official of the agency; and (C) any other senior agency official designated by the head of the agency, the sustained involvement of whom may help the agency increase the likelihood of achieving 1 or more covered goals.. (2) Conforming amendment \nThe table of sections for Chapter 11 of title 31, United States Code, is amended by striking the item relating to section 1121 and inserting the following: 1121. Progress reviews and use of performance information.. (b) Summary required \nSection 1116 of title 31, United States Code, is amended— (1) in subsection (c)— (A) in paragraph (6)(E), by striking and at the end; (B) in paragraph (7), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (8) include a summary of the findings of the review of the agency under section 1121(c). ; and (2) by striking subsections (f) through (i).", "id": "idD06CA3E3E6C645A8B1435EAF3D322F4C", "header": "Establishment of Strategic Reviews and Reporting", "nested": [ { "text": "(a) Strategic Reviews \n(1) In general \nSection 1121 of title 31, United States Code, is amended— (A) by striking the section heading and inserting Progress reviews and use of performance information ; and (B) by adding at the end the following: (c) Agency reviews of progress towards strategic goals and objectives \n(1) Covered Goal defined \nIn this subsection, the term covered goal means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5. (2) Review \nNot less frequently than annually and consistent with guidance issued by the Director of the Office of Management and Budget, the head and Chief Operating Officer of each agency, shall— (A) for each covered goal, review with the appropriate agency official responsible for the covered goal— (i) the progress achieved toward the covered goal— (I) during the most recent fiscal year; or (II) from recent sources of evidence available at the time of the review; and (ii) the likelihood that the agency will achieve the covered goal; (B) coordinate with relevant personnel within and outside the agency who contribute to the accomplishment of each covered goal; (C) assess progress toward each covered goal by reviewing performance information and other types of evidence relating to each covered goal, such as program evaluations and statistical data; (D) identify whether additional evidence is necessary to better assess progress toward each covered goal, and prioritize the development of the evidence described in subparagraph (C), such as through the plans required under section 312 of title 5, if applicable; (E) assess whether relevant organizations, program activities, regulations, policies, and other activities contribute as planned to each covered goal; (F) as appropriate, leverage the assessment performed under subparagraph (E) as part of the portfolio reviews required under section 503(c)(1)(G); (G) identify any risks or impediments that would reduce or otherwise decrease the likelihood that the agency will achieve the covered goal; and (H) for each covered goal at greatest risk of not being achieved, identify prospects and strategies for performance improvement, including any necessary changes to program activities, regulations, policies, or other activities of the agency. (3) Support \nIn fulfilling the requirements of paragraph (2), the head and Chief Operating Officer of each agency shall be supported by— (A) the Performance Improvement Officer of the agency; (B) as appropriate, the Chief Data Officer, Evaluation Officer, Program Management Improvement Officer, and Statistical Official of the agency; and (C) any other senior agency official designated by the head of the agency, the sustained involvement of whom may help the agency increase the likelihood of achieving 1 or more covered goals.. (2) Conforming amendment \nThe table of sections for Chapter 11 of title 31, United States Code, is amended by striking the item relating to section 1121 and inserting the following: 1121. Progress reviews and use of performance information..", "id": "id1d7879d657d048c9ae5cafe89476c0cb", "header": "Strategic Reviews", "nested": [], "links": [ { "text": "Chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/11" } ] }, { "text": "(b) Summary required \nSection 1116 of title 31, United States Code, is amended— (1) in subsection (c)— (A) in paragraph (6)(E), by striking and at the end; (B) in paragraph (7), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (8) include a summary of the findings of the review of the agency under section 1121(c). ; and (2) by striking subsections (f) through (i).", "id": "id5a7b1dcae66b4c1eaad77934f9d9c83e", "header": "Summary required", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/11" } ] }, { "text": "3. Revisions to the Federal Performance Website \nSection 1122 of title 31, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (C)— (I) by inserting required to be included on the single website under subparagraph (A) and the information ; before in the program inventory ; and (II) 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 the following: (E) ensure that the website described in subparagraph (A) conforms with the requirements for websites under section 3(a) of the 21st Century Integrated Digital Experience Act ( 44 U.S.C. 3501 note). ; and (B) in paragraph (4), by striking subparagraph (A) and inserting the following: (A) archive and preserve— (i) the information included in the program inventory required under paragraph (2)(B), including the information described in paragraph (3), after the end of the period during which that information is made available; and (ii) the information included in the single website under paragraph (2)(A) in accordance with subsections (b) and (c) after the end of the period during which such information is made available on the website; and ; (2) in subsection (b), by striking paragraph (6) and inserting the following: (6) the results achieved toward the agency priority goals established under section 1120(b)— (A) during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and (B) at the end of the 2-year agency priority goal period compared to the overall planned level of performance; ; and (3) in subsection (c), by striking paragraph (5) and inserting the following: (5) the results achieved toward the priority goals developed under section 1120(a)(1)— (A) during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and (B) at the end of the 4-year Federal Government priority goal period compared to the overall planned level of performance;.", "id": "idde3f82c53a3e48188c9f36508ebab366", "header": "Revisions to the Federal Performance Website", "nested": [], "links": [ { "text": "44 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/44/3501" } ] }, { "text": "4. Federal Government Priority Goals \nSection 1120(a)(2) of title 31, United States Code, is amended by striking the second sentence and inserting “Such goals shall— (A) be updated and revised not less frequently than during the first year of each Presidential term; (B) be made publicly available not less frequently than concurrently with the submission of the budget of the United States Government under section 1105(a) made during the first full fiscal year following any year during which a term of the President commences under section 101 of title 3; (C) include plans for the successful achievement of each goal within each single Presidential term; and (D) explicitly cite to any specific contents of the budget described in subparagraph (B) that support the achievement of each goal..", "id": "id26185811AB0847D8A23C8E514AE0DCBB", "header": "Federal Government Priority Goals", "nested": [], "links": [] }, { "text": "5. Federal Government Priority Goal Co-Leaders \nSection 1115(a) of title 31, United States Code, is amended by striking paragraph (3) and inserting the following: (3) For each Federal Government performance goal, identify, as appropriate, not fewer than 2 lead Government officials who shall jointly be responsible for coordinating the efforts to achieve the goal, of whom— (A) not less than 1 shall be from the Executive Office of the President; and (B) not less than 1 shall be from an agency identified as contributing to the Federal Government performance goal described in paragraph (2);.", "id": "id5AC906D82C6B46B08F3F41F4E9F3AE36", "header": "Federal Government Priority Goal Co-Leaders", "nested": [], "links": [] }, { "text": "6. Establishment of Deputy Performance Improvement Officers \nSection 1124(a) of title 31, United States Code, is amended— (1) by striking paragraph (1) and inserting the following: (1) Establishment \nAt each agency, the head of the agency, in consultation with the Chief Operating Officer of the agency, shall designate— (A) a Performance Improvement Officer, who shall be a senior executive of the agency; and (B) if the Performance Improvement Officer designated under subparagraph (A) is not a career appointee of the Senior Executive Service, a Deputy Performance Improvement Officer, who shall be a career appointee of the Senior Executive Service. ; and (2) by adding at the end the following: (3) Deputy Performance Improvement Officer \nA Deputy Performance Improvement Officer designated under paragraph (1)(B) shall support the Performance Improvement Officer in carrying out the functions of the Performance Improvement Officer under paragraph (2)..", "id": "idd91d6e23f1c44f61968cd8ed4ae8f7b5", "header": "Establishment of Deputy Performance Improvement Officers", "nested": [], "links": [] }, { "text": "7. Repeal of Outdated Pilot Projects \n(a) In general \nChapter 11 of title 31, United States Code, is amended by striking sections 1118 and 1119. (b) Conforming amendment \nSection 9704 of title 31, United States Code, is amended— (1) by striking subsection (c); and (2) by redesignating subsection (d) as subsection (c). (c) Clerical amendment \nThe table of sections for chapter 11 of title 31, United States Code, is amended by striking the items relating to sections 1118 and 1119.", "id": "idbe6e3e4ea86745eb841c539339854540", "header": "Repeal of Outdated Pilot Projects", "nested": [ { "text": "(a) In general \nChapter 11 of title 31, United States Code, is amended by striking sections 1118 and 1119.", "id": "idD34330A968EC4A4DB376C5904AAB4DA5", "header": "In general", "nested": [], "links": [ { "text": "Chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/11" } ] }, { "text": "(b) Conforming amendment \nSection 9704 of title 31, United States Code, is amended— (1) by striking subsection (c); and (2) by redesignating subsection (d) as subsection (c).", "id": "id97bbfdce2b6e4c3c92fbf7ea3a60af5d", "header": "Conforming amendment", "nested": [], "links": [] }, { "text": "(c) Clerical amendment \nThe table of sections for chapter 11 of title 31, United States Code, is amended by striking the items relating to sections 1118 and 1119.", "id": "idcec943eaeb3a42f39806b12dede029f4", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/11" } ] } ], "links": [ { "text": "Chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/11" }, { "text": "chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/11" } ] }, { "text": "8. Clarifying Amendments \n(a) Clarification of Requirement To Cite to Evidence-Building Activities in Strategic Plans \nSection 306(a) of title 5, United States Code, is amended— (1) in paragraph (8) by inserting , as applicable after section 312 ; and (2) in paragraph (9), in the matter preceding subparagraph (A), by inserting with respect to the head of an agency required to develop a plan described in subsection (a) or (b) of section 312, before an assessment. (b) Clarification of Timing of Agency Performance Report \nSection 1116(b)(1) of title 31, United States Code, is amended by striking shall occur no less than 150 days after and inserting shall occur not later than 150 days after.", "id": "id743263ec4f1045148c2bb2ab161f137d", "header": "Clarifying Amendments", "nested": [ { "text": "(a) Clarification of Requirement To Cite to Evidence-Building Activities in Strategic Plans \nSection 306(a) of title 5, United States Code, is amended— (1) in paragraph (8) by inserting , as applicable after section 312 ; and (2) in paragraph (9), in the matter preceding subparagraph (A), by inserting with respect to the head of an agency required to develop a plan described in subsection (a) or (b) of section 312, before an assessment.", "id": "id24BF7489A9284FE98A1AB56EB47913E3", "header": "Clarification of Requirement To Cite to Evidence-Building Activities in Strategic Plans", "nested": [], "links": [] }, { "text": "(b) Clarification of Timing of Agency Performance Report \nSection 1116(b)(1) of title 31, United States Code, is amended by striking shall occur no less than 150 days after and inserting shall occur not later than 150 days after.", "id": "id51cc8c2e0e624ff2911426dd583c1fdb", "header": "Clarification of Timing of Agency Performance Report", "nested": [], "links": [] } ], "links": [] }, { "text": "9. GAO report \nNot later than 18 months after the date of enactment of this Act, the Comptroller General of the United States 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 the effectiveness of this Act and the amendments made by this Act.", "id": "id3192121e982c4785a5a7a5a98b77c15f", "header": "GAO report", "nested": [], "links": [] } ]

[ "Census and government statistics", "Computers and information technology", "Federal officials", "Government information and archives", "Performance measurement" ]

[ { "text": "1. Short title \nThis Act may be cited as the Ensuring Access to Department of Veterans Affairs Information Necessary for Oversight Act of 2023 or the Ensuring Access to VA INFO Act of 2023.", "id": "ide48f10218bc649898b84c31a5a286e36", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Period for Secretary of Veterans Affairs to respond to questions submitted by members of certain congressional committees \n(a) Requirement \nTo the maximum extent practicable, the Secretary of Veterans Affairs shall provide an answer to a question submitted for the record to the Secretary by a member of the Committee on Veterans' Affairs of the Senate or the Committee on Veterans' Affairs of the House of Representatives on or before the date that is 45 business days after the date on which the Secretary receives the question. (b) Delayed responses \n(1) Notice required \nIf the Secretary anticipates being unable to provide an answer to a question described in subsection (a) that was submitted to the Secretary by a member described in such subsection by the date specified in such subsection, the Secretary shall, before such date, submit to the member notice that the Secretary anticipates being unable to provide the answer by such date. (2) Contents \nNotice submitted under paragraph (1) shall include the following: (A) A justification for the inability of the Secretary to meet the deadline set forth in subsection (a). (B) An estimate of when an answer will be provided by the Secretary to the question submitted. (C) A description of the steps the Secretary needs to take in order to provide the answer to the question submitted. (c) Assistance from other agencies \nIn any case in which the Secretary determines that the Secretary requires the assistance of the head of another Federal agency in order to provide an answer to a question described in subsection (a) by the date specified in such subsection and the Secretary requests such assistance from such head of another Federal agency, such head of another Federal agency shall provide the assistance requested in a timely manner.", "id": "id3216343bf63745ac8ae6528451a75814", "header": "Period for Secretary of Veterans Affairs to respond to questions submitted by members of certain congressional committees", "nested": [ { "text": "(a) Requirement \nTo the maximum extent practicable, the Secretary of Veterans Affairs shall provide an answer to a question submitted for the record to the Secretary by a member of the Committee on Veterans' Affairs of the Senate or the Committee on Veterans' Affairs of the House of Representatives on or before the date that is 45 business days after the date on which the Secretary receives the question.", "id": "idD53D6FF1A2C848DE997CCFDC0531EC68", "header": "Requirement", "nested": [], "links": [] }, { "text": "(b) Delayed responses \n(1) Notice required \nIf the Secretary anticipates being unable to provide an answer to a question described in subsection (a) that was submitted to the Secretary by a member described in such subsection by the date specified in such subsection, the Secretary shall, before such date, submit to the member notice that the Secretary anticipates being unable to provide the answer by such date. (2) Contents \nNotice submitted under paragraph (1) shall include the following: (A) A justification for the inability of the Secretary to meet the deadline set forth in subsection (a). (B) An estimate of when an answer will be provided by the Secretary to the question submitted. (C) A description of the steps the Secretary needs to take in order to provide the answer to the question submitted.", "id": "idB039A63F380649ABBE1811E188CCCAF6", "header": "Delayed responses", "nested": [], "links": [] }, { "text": "(c) Assistance from other agencies \nIn any case in which the Secretary determines that the Secretary requires the assistance of the head of another Federal agency in order to provide an answer to a question described in subsection (a) by the date specified in such subsection and the Secretary requests such assistance from such head of another Federal agency, such head of another Federal agency shall provide the assistance requested in a timely manner.", "id": "idab64b209ed81411b907809235b77a43d", "header": "Assistance from other agencies", "nested": [], "links": [] } ], "links": [] } ]

[ "Congressional committees", "Congressional-executive branch relations", "Government information and archives" ]

[ { "text": "1. Short title \nThis Act may be cited as the Housing Accountability Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Standards for physical condition and management of housing receiving assistance payments \nSection 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) is amended by inserting after subsection (v) the following: (w) Standards for physical condition and management of housing receiving assistance payments \n(1) Standards for physical condition and management of housing \nAny entity receiving assistance payments under this section shall maintain decent, safe, and sanitary conditions, as determined by the Secretary, for any structure covered under a housing assistance payment contract. (2) Survey of tenants \nThe Secretary shall develop a process by which a Performance-Based Contract Administrator shall, on a semiannual basis, conduct a survey of the tenants of each structure covered under a housing assistance payment contract for the purpose of identifying consistent or persistent problems with the physical condition of the structure or performance of the manager of the structure. (3) Remediation \nA structure covered under a housing assistance payment contract shall be referred to the Secretary for remediation if a Performance-Based Contract Administrator identifies a consistent or persistent problem with the structure or the management of the structure based on— (A) a survey conducted under paragraph (2); or (B) any other observation made by the Performance-Based Contract Administrator during the normal course of business. (4) Penalty for failure to uphold standards \n(A) In general \nThe Secretary may impose a penalty on any owner of a structure covered under a housing assistance payment contract if the Secretary finds that the structure or manager of the structure— (i) did not satisfactorily meet the requirements under paragraph (1); or (ii) is repeatedly referred to the Secretary for remediation by a Performance-Based Contract Administrator through the process established under paragraph (3). (B) Amount \nA penalty imposed under subparagraph (A) shall be in an amount equal to not less than 1 percent of the annual budget authority the owner is allocated under a housing assistance payment contract. (C) Use of amounts \nAny amounts collected under this paragraph shall be used solely for the purpose of supporting safe and sanitary conditions at applicable structures or for tenant relocation, as designated by the Secretary, with priority given to the tenants of the structure that led to the penalty. (5) Applicability \nThis subsection shall not apply to any property assisted under subsection (o)..", "id": "id60830784E50E4C21B29FCC7A81A77B17", "header": "Standards for physical condition and management of housing receiving assistance payments", "nested": [], "links": [ { "text": "42 U.S.C. 1437f", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" } ] }, { "text": "3. Issuance of report \nNot later than 1 year after the date of enactment of this Act, the Secretary of Housing and Urban Development shall submit to Congress a report that— (1) examines the adequacy of capital reserves for each structure covered under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ); (2) examines the use of funds derived from a housing assistance payment contract for purposes unrelated to the maintenance and capitalization of the structure covered under the contract; and (3) includes any administrative or legislative recommendations to further improve the living conditions at those structures.", "id": "id684270FA26094F448FC702E768B85079", "header": "Issuance of report", "nested": [], "links": [ { "text": "42 U.S.C. 1437f", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" } ] } ]

[ "Building construction", "Civil actions and liability", "Congressional oversight", "Housing and community development funding", "Housing industry and standards", "Low- and moderate-income housing", "Public contracts and procurement", "Public housing" ]

[ { "text": "1. Short title \nThis Act may be cited as the Native American Direct Loan Improvement Act of 2023.", "id": "id37573B303D034CE1AA66A11A5E42E3FD", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Improvements to program for direct housing loans made to Native American veterans by the Secretary of Veterans Affairs \n(a) General authorities and requirements \n(1) Direct housing loans to Native American veterans \nSection 3762(a) of title 38, United States Code, is amended to read as follows: (a) The Secretary may make a direct housing loan to a Native American veteran under this subchapter if the Secretary ensures the following: (1) That each Native American veteran to whom the Secretary makes a direct housing loan under this subchapter— (A) holds, possesses, or purchases using the proceeds of the loan a meaningful interest in a lot or dwelling (or both) that is located on trust land; and (B) will purchase, construct, or improve (as the case may be) a dwelling on the lot using the proceeds of the loan. (2) That each such Native American veteran will convey to the Secretary by an appropriate instrument the interest referred to in paragraph (1)(A) as security for a direct housing loan under this subchapter. (3) That the Secretary, including the Secretary’s employees or agents, may enter upon the trust land for the purposes of carrying out such actions as the Secretary determines are necessary, including— (A) to evaluate the advisability of the loan; (B) to monitor any purchase, construction, or improvements carried out using the proceeds of the loan; and (C) to manage any servicing or post-foreclosure activities, including acquisition, property inspections, and property management. (4) That there are established standards and procedures that apply to the foreclosure of the interest conveyed by a Native American veteran pursuant to paragraph (2), including— (A) procedures for foreclosing the interest; and (B) procedures for the resale of the lot or dwelling (or both) purchased, constructed, or improved using the proceeds of the loan. (5) That the loan is made in a responsible and prudent manner, subject to standards and procedures as are necessary for the reasonable protection of the financial interests of the United States.. (2) Memorandums of understanding, agreements, and determinations \nSection 3762(b) of such title is amended to read as follows: (b) (1) To carry out the purpose of subsection (a), the Secretary may— (A) enter into a memorandum of understanding with a tribal organization, other entity, or individual; (B) rely on agreements or determinations of other Federal agencies to guarantee, insure, or make loans on trust land; and (C) enter into other agreements or take such other actions as the Secretary determines necessary. (2) If the Secretary determines that the requirements under subsection (a) are not being enforced by a tribal organization, other entity, or individual that is a party to any memorandum of understanding, agreement, or determination described in paragraph (1), the Secretary may cease making new direct housing loans to Native American veterans under this subchapter within the area of the authority of the tribal organization, other entity, or individual (as the case may be).. (b) Direct loans to Native American veterans To refinance existing mortgage loans \nSection 3762(h) of such title is amended to read as follows: (h) The Secretary may make direct loans to Native American veterans in order to enable such veterans to refinance existing mortgage loans for any of the following purposes: (1) To refinance an existing loan made under this section, if the loan— (A) meets the requirements set forth in subparagraphs (B), (C), and (E) of paragraph (1) of section 3710(e) of this title; (B) will bear an interest rate at least one percentage point less than the interest rate borne by the loan being refinanced; and (C) complies with paragraphs (2) and (3) of section 3710(e) of this title, except that for the purposes of this subsection the reference to subsection (a)(8) of section 3710 of this title in such paragraphs (2) and (3) shall be deemed to be a reference to this subsection. (2) To refinance an existing mortgage loan not made under this section on a dwelling owned and occupied by the veteran as the veteran’s home, if all of the following requirements are met: (A) The loan will be secured by the same dwelling as was the loan being refinanced. (B) The loan will provide the veteran with a net tangible benefit. (C) The nature and condition of the property is such as to be suitable for dwelling purposes. (D) The amount of the loan does not exceed either of the following: (i) 100 percent of the reasonable value of the dwelling, with such reasonable value determined under the procedures established by the Secretary under subsection (d)(2). (ii) An amount equal to the sum of the balance of the loan being refinanced and such closing costs (including any discount points) as may be authorized by the Secretary to be included in the loan. (E) Notwithstanding subparagraph (D), if a loan is made for both the purpose of this paragraph and to make energy efficiency improvements, the loan must not exceed either of the following: (i) 100 percent of the reasonable value of the dwelling as improved for energy efficiency, with such reasonable value determined under the procedures established by the Secretary under subsection (d)(2). (ii) The amount referred to under subparagraph (D)(ii), plus the applicable amount specified under section 3710(d)(2) of this title. (F) The loan meets all other requirements the Secretary may establish under this subchapter. (G) The existing mortgage being refinanced is a first lien on the property and secured of record. (3) To refinance an existing mortgage loan to repair, alter, or improve a dwelling owned by the veteran and occupied by the veteran as the veteran’s home, if all of the following requirements are met: (A) The loan will be secured by the same dwelling as was the loan being refinanced. (B) The nature and condition of the property is such as to be suitable for dwelling purposes, and the repair, alteration, or improvement substantially protects or improves the basic livability or utility of such property. (C) The amount of the loan, including the costs of repairs, alterations, and improvements, does not exceed either of the following: (i) 100 percent of the reasonable value of the dwelling as repaired, altered, or improved, with such reasonable value determined under the procedures established by the Secretary under subsection (d)(2). (ii) An amount equal to the sum of— (I) the balance of the loan being refinanced; (II) the actual cost of repairs, alterations, or improvements; and (III) such closing costs (including any discount points) as may be authorized by the Secretary to be included in the loan. (D) The loan meets all other requirements the Secretary may establish under this subchapter. (E) The existing mortgage loan being refinanced is a first lien on the property and secured of record.. (c) Expansion of outreach program on availability of direct housing loans for Native American veterans \nSection 3762(i)(2) of such title is amended by adding at the end the following new subparagraph: (G) Pursuant to subsection (g)(4), assisting Native American veterans in qualifying for mortgage financing by— (i) partnering with local service providers, such as tribal organizations, tribally designated housing entities, Native community development financial institutions, and nonprofit organizations, for conducting outreach, homebuyer education, housing counseling, and post-purchase education; and (ii) providing other technical assistance as needed. (H) Attending conferences and conventions conducted by the network of Native community development financial institutions and other Native American homeownership organizations to provide information and training to Native community development financial institutions about the availability of the relending program under section 3762A of this title.. (d) Adequate personnel \nSection 3762 of such title is amended by adding at the end the following new subsection: (k) The Secretary shall assign a sufficient number of personnel of the Department dedicated to carrying out the authority of the Secretary under this subchapter, including construction and valuation specialists to assist with issues unique to new construction and renovations on trust land.. (e) Definitions \nSection 3765 of such title is amended— (1) in paragraph (1)— (A) by amending subparagraph (C) to read as follows: (C) is located in the State of Alaska within a region established under section 7(a) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1606(a) ); ; (B) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new subparagraphs: (E) is defined by the Secretary of the Interior and recognized by the United States as land over which an Indian Tribe has governmental dominion; or (F) is on any land that the Secretary determines is provided to Native American veterans because of their status as Native Americans. ; and (2) by adding at the end the following new paragraphs: (6) The term community development financial institution has the meaning given that term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 ). (7) The term Indian Tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (8) The term Native community development financial institution means any entity— (A) that has been certified as a community development financial institution by the Secretary of the Treasury; (B) that is not less than 51 percent owned or controlled by Native Americans; and (C) for which not less than 51 percent of the activities of the entity serve Native Americans. (9) The term net tangible benefit shall have such meaning as the Secretary determines appropriate, but shall include the refinance of an interim construction loan. (10) The term other technical assistance means services to assist a Native American veteran to navigate the steps necessary for securing a mortgage loan on trust land, including pre-development activities related to utilities, identifying appropriate residential construction services, and obtaining lease clearances and title status reports from the applicable tribal organization or the Bureau of Indian Affairs. (11) The term tribally designated housing entity has the meaning given that term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ).. (f) Interest rate reduction financing loan \nSection 3729(b)(4)(F) of such title is amended by striking 3762(h) and inserting 3762(h)(1). (g) Regulations \nSection 3761 of such title is amended by adding at the end the following new subsection: (c) The Secretary shall prescribe such regulations as may be necessary to carry out this subchapter..", "id": "idF1E8A8E443E244139B4FFAACA7274D82", "header": "Improvements to program for direct housing loans made to Native American veterans by the Secretary of Veterans Affairs", "nested": [ { "text": "(a) General authorities and requirements \n(1) Direct housing loans to Native American veterans \nSection 3762(a) of title 38, United States Code, is amended to read as follows: (a) The Secretary may make a direct housing loan to a Native American veteran under this subchapter if the Secretary ensures the following: (1) That each Native American veteran to whom the Secretary makes a direct housing loan under this subchapter— (A) holds, possesses, or purchases using the proceeds of the loan a meaningful interest in a lot or dwelling (or both) that is located on trust land; and (B) will purchase, construct, or improve (as the case may be) a dwelling on the lot using the proceeds of the loan. (2) That each such Native American veteran will convey to the Secretary by an appropriate instrument the interest referred to in paragraph (1)(A) as security for a direct housing loan under this subchapter. (3) That the Secretary, including the Secretary’s employees or agents, may enter upon the trust land for the purposes of carrying out such actions as the Secretary determines are necessary, including— (A) to evaluate the advisability of the loan; (B) to monitor any purchase, construction, or improvements carried out using the proceeds of the loan; and (C) to manage any servicing or post-foreclosure activities, including acquisition, property inspections, and property management. (4) That there are established standards and procedures that apply to the foreclosure of the interest conveyed by a Native American veteran pursuant to paragraph (2), including— (A) procedures for foreclosing the interest; and (B) procedures for the resale of the lot or dwelling (or both) purchased, constructed, or improved using the proceeds of the loan. (5) That the loan is made in a responsible and prudent manner, subject to standards and procedures as are necessary for the reasonable protection of the financial interests of the United States.. (2) Memorandums of understanding, agreements, and determinations \nSection 3762(b) of such title is amended to read as follows: (b) (1) To carry out the purpose of subsection (a), the Secretary may— (A) enter into a memorandum of understanding with a tribal organization, other entity, or individual; (B) rely on agreements or determinations of other Federal agencies to guarantee, insure, or make loans on trust land; and (C) enter into other agreements or take such other actions as the Secretary determines necessary. (2) If the Secretary determines that the requirements under subsection (a) are not being enforced by a tribal organization, other entity, or individual that is a party to any memorandum of understanding, agreement, or determination described in paragraph (1), the Secretary may cease making new direct housing loans to Native American veterans under this subchapter within the area of the authority of the tribal organization, other entity, or individual (as the case may be)..", "id": "id54ebc0edb5de414699c5bff0cd0102b3", "header": "General authorities and requirements", "nested": [], "links": [] }, { "text": "(b) Direct loans to Native American veterans To refinance existing mortgage loans \nSection 3762(h) of such title is amended to read as follows: (h) The Secretary may make direct loans to Native American veterans in order to enable such veterans to refinance existing mortgage loans for any of the following purposes: (1) To refinance an existing loan made under this section, if the loan— (A) meets the requirements set forth in subparagraphs (B), (C), and (E) of paragraph (1) of section 3710(e) of this title; (B) will bear an interest rate at least one percentage point less than the interest rate borne by the loan being refinanced; and (C) complies with paragraphs (2) and (3) of section 3710(e) of this title, except that for the purposes of this subsection the reference to subsection (a)(8) of section 3710 of this title in such paragraphs (2) and (3) shall be deemed to be a reference to this subsection. (2) To refinance an existing mortgage loan not made under this section on a dwelling owned and occupied by the veteran as the veteran’s home, if all of the following requirements are met: (A) The loan will be secured by the same dwelling as was the loan being refinanced. (B) The loan will provide the veteran with a net tangible benefit. (C) The nature and condition of the property is such as to be suitable for dwelling purposes. (D) The amount of the loan does not exceed either of the following: (i) 100 percent of the reasonable value of the dwelling, with such reasonable value determined under the procedures established by the Secretary under subsection (d)(2). (ii) An amount equal to the sum of the balance of the loan being refinanced and such closing costs (including any discount points) as may be authorized by the Secretary to be included in the loan. (E) Notwithstanding subparagraph (D), if a loan is made for both the purpose of this paragraph and to make energy efficiency improvements, the loan must not exceed either of the following: (i) 100 percent of the reasonable value of the dwelling as improved for energy efficiency, with such reasonable value determined under the procedures established by the Secretary under subsection (d)(2). (ii) The amount referred to under subparagraph (D)(ii), plus the applicable amount specified under section 3710(d)(2) of this title. (F) The loan meets all other requirements the Secretary may establish under this subchapter. (G) The existing mortgage being refinanced is a first lien on the property and secured of record. (3) To refinance an existing mortgage loan to repair, alter, or improve a dwelling owned by the veteran and occupied by the veteran as the veteran’s home, if all of the following requirements are met: (A) The loan will be secured by the same dwelling as was the loan being refinanced. (B) The nature and condition of the property is such as to be suitable for dwelling purposes, and the repair, alteration, or improvement substantially protects or improves the basic livability or utility of such property. (C) The amount of the loan, including the costs of repairs, alterations, and improvements, does not exceed either of the following: (i) 100 percent of the reasonable value of the dwelling as repaired, altered, or improved, with such reasonable value determined under the procedures established by the Secretary under subsection (d)(2). (ii) An amount equal to the sum of— (I) the balance of the loan being refinanced; (II) the actual cost of repairs, alterations, or improvements; and (III) such closing costs (including any discount points) as may be authorized by the Secretary to be included in the loan. (D) The loan meets all other requirements the Secretary may establish under this subchapter. (E) The existing mortgage loan being refinanced is a first lien on the property and secured of record..", "id": "id13c5ec980da44be2b75d381e3de53346", "header": "Direct loans to Native American veterans To refinance existing mortgage loans", "nested": [], "links": [] }, { "text": "(c) Expansion of outreach program on availability of direct housing loans for Native American veterans \nSection 3762(i)(2) of such title is amended by adding at the end the following new subparagraph: (G) Pursuant to subsection (g)(4), assisting Native American veterans in qualifying for mortgage financing by— (i) partnering with local service providers, such as tribal organizations, tribally designated housing entities, Native community development financial institutions, and nonprofit organizations, for conducting outreach, homebuyer education, housing counseling, and post-purchase education; and (ii) providing other technical assistance as needed. (H) Attending conferences and conventions conducted by the network of Native community development financial institutions and other Native American homeownership organizations to provide information and training to Native community development financial institutions about the availability of the relending program under section 3762A of this title..", "id": "idb6df6bce7f944142928ebf11370500a7", "header": "Expansion of outreach program on availability of direct housing loans for Native American veterans", "nested": [], "links": [] }, { "text": "(d) Adequate personnel \nSection 3762 of such title is amended by adding at the end the following new subsection: (k) The Secretary shall assign a sufficient number of personnel of the Department dedicated to carrying out the authority of the Secretary under this subchapter, including construction and valuation specialists to assist with issues unique to new construction and renovations on trust land..", "id": "ide38773e503ec4517ac151d29e54451b4", "header": "Adequate personnel", "nested": [], "links": [] }, { "text": "(e) Definitions \nSection 3765 of such title is amended— (1) in paragraph (1)— (A) by amending subparagraph (C) to read as follows: (C) is located in the State of Alaska within a region established under section 7(a) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1606(a) ); ; (B) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new subparagraphs: (E) is defined by the Secretary of the Interior and recognized by the United States as land over which an Indian Tribe has governmental dominion; or (F) is on any land that the Secretary determines is provided to Native American veterans because of their status as Native Americans. ; and (2) by adding at the end the following new paragraphs: (6) The term community development financial institution has the meaning given that term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 ). (7) The term Indian Tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (8) The term Native community development financial institution means any entity— (A) that has been certified as a community development financial institution by the Secretary of the Treasury; (B) that is not less than 51 percent owned or controlled by Native Americans; and (C) for which not less than 51 percent of the activities of the entity serve Native Americans. (9) The term net tangible benefit shall have such meaning as the Secretary determines appropriate, but shall include the refinance of an interim construction loan. (10) The term other technical assistance means services to assist a Native American veteran to navigate the steps necessary for securing a mortgage loan on trust land, including pre-development activities related to utilities, identifying appropriate residential construction services, and obtaining lease clearances and title status reports from the applicable tribal organization or the Bureau of Indian Affairs. (11) The term tribally designated housing entity has the meaning given that term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 )..", "id": "idd6330b0906f94fd1b623419a5d1bd16f", "header": "Definitions", "nested": [], "links": [ { "text": "43 U.S.C. 1606(a)", "legal-doc": "usc", "parsable-cite": "usc/43/1606" }, { "text": "12 U.S.C. 4702", "legal-doc": "usc", "parsable-cite": "usc/12/4702" }, { "text": "43 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1601" }, { "text": "25 U.S.C. 4103", "legal-doc": "usc", "parsable-cite": "usc/25/4103" } ] }, { "text": "(f) Interest rate reduction financing loan \nSection 3729(b)(4)(F) of such title is amended by striking 3762(h) and inserting 3762(h)(1).", "id": "id755ee3672bd246878bfce26cb9a27baa", "header": "Interest rate reduction financing loan", "nested": [], "links": [] }, { "text": "(g) Regulations \nSection 3761 of such title is amended by adding at the end the following new subsection: (c) The Secretary shall prescribe such regulations as may be necessary to carry out this subchapter..", "id": "id7cd80a4434ff4478aabd0a137520dcac", "header": "Regulations", "nested": [], "links": [] } ], "links": [ { "text": "43 U.S.C. 1606(a)", "legal-doc": "usc", "parsable-cite": "usc/43/1606" }, { "text": "12 U.S.C. 4702", "legal-doc": "usc", "parsable-cite": "usc/12/4702" }, { "text": "43 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1601" }, { "text": "25 U.S.C. 4103", "legal-doc": "usc", "parsable-cite": "usc/25/4103" } ] }, { "text": "3. Native community development financial institution relending program \n(a) In general \nSubchapter V of chapter 37 of title 38, United States Code, is amended by inserting after section 3762 the following new section: 3762A. Native community development financial institution relending program \n(a) Purpose \nThe Secretary may make a loan to a Native community development financial institution for the purpose of allowing the institution to relend loan amounts to qualified Native American veterans, subject to the requirements of this section. (b) Standards \n(1) In general \nThe Secretary shall establish standards to be used in evaluating whether to make a loan to a Native community development financial institution under this section. (2) Requirements \nIn establishing standards under paragraph (1), the Secretary shall ensure that a Native community development financial institution— (A) is able to originate and service loans for single-family homes; (B) is able to operate the relending program in a manner consistent with the mission of the Department to serve veterans; and (C) uses loan amounts received under this section only for the purpose of relending, as described in subsection (c), to Native American veterans. (c) Relending requirements \n(1) In general \nA Native community development financial institution that receives a loan under this section shall use the loan amounts to make loans to Native American veterans residing on trust land. (2) Requirements \nA loan to a Native American veteran made by a Native community development financial institution under paragraph (1) shall— (A) be limited either to the purpose of purchase, construction, or improvement of a dwelling located on trust land or to the refinance of an existing mortgage loan for a dwelling on trust land, consistent with the requirements of section 3762(h) of this title; and (B) comply with such terms and conditions as the Secretary determines are necessary to protect against predatory lending, including the interest rate charged on a loan to a Native American veteran. (d) Repayment \nA loan made to a Native community development financial institution under this section shall— (1) be payable to the Secretary upon such terms and conditions as are prescribed in regulations pursuant to this subchapter; and (2) bear interest at a rate of one percent. (e) Oversight \nSubject to notice and opportunity for a hearing, whenever the Secretary finds with respect to loans made under subsection (a) or (c) that any Native community development financial institution has failed to maintain adequate loan accounting records, to demonstrate proper ability to service loans adequately, or to exercise proper credit judgment, or that such Native community development financial institution has willfully or negligently engaged in practices otherwise detrimental to the interest of veterans or of the Government, the Secretary may take such actions as the Secretary determines necessary to protect veterans or the Government, such as requiring immediate repayment of any loans made under subsection (a) and the assignment to the Secretary of loans made under subsection (c).. (b) Clerical amendment \nThe table of sections at the beginning of chapter 37 of such title is amended by inserting after the item relating to section 3762 the following new item: 3762A. Native community development financial institution relending program.. (c) Native American veteran housing loan program account \nSection 3763 of such title is amended by adding at the end the following new subsection: (c) Of amounts available in the Account, the Secretary may use for loans made under section 3762A of this title— (1) in fiscal year 2024, not more than $5,000,000; and (2) in any fiscal year after fiscal year 2024, an amount as determined necessary by the Secretary to meet the demand for such loans..", "id": "idABAF8D1F6E9349E6AF609B2940B7D783", "header": "Native community development financial institution relending program", "nested": [ { "text": "(a) In general \nSubchapter V of chapter 37 of title 38, United States Code, is amended by inserting after section 3762 the following new section: 3762A. Native community development financial institution relending program \n(a) Purpose \nThe Secretary may make a loan to a Native community development financial institution for the purpose of allowing the institution to relend loan amounts to qualified Native American veterans, subject to the requirements of this section. (b) Standards \n(1) In general \nThe Secretary shall establish standards to be used in evaluating whether to make a loan to a Native community development financial institution under this section. (2) Requirements \nIn establishing standards under paragraph (1), the Secretary shall ensure that a Native community development financial institution— (A) is able to originate and service loans for single-family homes; (B) is able to operate the relending program in a manner consistent with the mission of the Department to serve veterans; and (C) uses loan amounts received under this section only for the purpose of relending, as described in subsection (c), to Native American veterans. (c) Relending requirements \n(1) In general \nA Native community development financial institution that receives a loan under this section shall use the loan amounts to make loans to Native American veterans residing on trust land. (2) Requirements \nA loan to a Native American veteran made by a Native community development financial institution under paragraph (1) shall— (A) be limited either to the purpose of purchase, construction, or improvement of a dwelling located on trust land or to the refinance of an existing mortgage loan for a dwelling on trust land, consistent with the requirements of section 3762(h) of this title; and (B) comply with such terms and conditions as the Secretary determines are necessary to protect against predatory lending, including the interest rate charged on a loan to a Native American veteran. (d) Repayment \nA loan made to a Native community development financial institution under this section shall— (1) be payable to the Secretary upon such terms and conditions as are prescribed in regulations pursuant to this subchapter; and (2) bear interest at a rate of one percent. (e) Oversight \nSubject to notice and opportunity for a hearing, whenever the Secretary finds with respect to loans made under subsection (a) or (c) that any Native community development financial institution has failed to maintain adequate loan accounting records, to demonstrate proper ability to service loans adequately, or to exercise proper credit judgment, or that such Native community development financial institution has willfully or negligently engaged in practices otherwise detrimental to the interest of veterans or of the Government, the Secretary may take such actions as the Secretary determines necessary to protect veterans or the Government, such as requiring immediate repayment of any loans made under subsection (a) and the assignment to the Secretary of loans made under subsection (c)..", "id": "id0536df6be3614ee4a615713b0ca77992", "header": "In general", "nested": [], "links": [ { "text": "chapter 37", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/37" }, { "text": "section 3762", "legal-doc": "usc", "parsable-cite": "usc/38/3762" } ] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of chapter 37 of such title is amended by inserting after the item relating to section 3762 the following new item:", "id": "idcdd8e760fd534f64a4c71039bdd0fa30", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "3762A. Native community development financial institution relending program..", "id": "id8E355D24F5064453A422526A445E22CD", "header": null, "nested": [], "links": [] }, { "text": "(c) Native American veteran housing loan program account \nSection 3763 of such title is amended by adding at the end the following new subsection: (c) Of amounts available in the Account, the Secretary may use for loans made under section 3762A of this title— (1) in fiscal year 2024, not more than $5,000,000; and (2) in any fiscal year after fiscal year 2024, an amount as determined necessary by the Secretary to meet the demand for such loans..", "id": "id206f4b50e6d142e1a16bed8ae1b39e3d", "header": "Native American veteran housing loan program account", "nested": [], "links": [] } ], "links": [ { "text": "chapter 37", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/37" }, { "text": "section 3762", "legal-doc": "usc", "parsable-cite": "usc/38/3762" } ] }, { "text": "3762A. Native community development financial institution relending program \n(a) Purpose \nThe Secretary may make a loan to a Native community development financial institution for the purpose of allowing the institution to relend loan amounts to qualified Native American veterans, subject to the requirements of this section. (b) Standards \n(1) In general \nThe Secretary shall establish standards to be used in evaluating whether to make a loan to a Native community development financial institution under this section. (2) Requirements \nIn establishing standards under paragraph (1), the Secretary shall ensure that a Native community development financial institution— (A) is able to originate and service loans for single-family homes; (B) is able to operate the relending program in a manner consistent with the mission of the Department to serve veterans; and (C) uses loan amounts received under this section only for the purpose of relending, as described in subsection (c), to Native American veterans. (c) Relending requirements \n(1) In general \nA Native community development financial institution that receives a loan under this section shall use the loan amounts to make loans to Native American veterans residing on trust land. (2) Requirements \nA loan to a Native American veteran made by a Native community development financial institution under paragraph (1) shall— (A) be limited either to the purpose of purchase, construction, or improvement of a dwelling located on trust land or to the refinance of an existing mortgage loan for a dwelling on trust land, consistent with the requirements of section 3762(h) of this title; and (B) comply with such terms and conditions as the Secretary determines are necessary to protect against predatory lending, including the interest rate charged on a loan to a Native American veteran. (d) Repayment \nA loan made to a Native community development financial institution under this section shall— (1) be payable to the Secretary upon such terms and conditions as are prescribed in regulations pursuant to this subchapter; and (2) bear interest at a rate of one percent. (e) Oversight \nSubject to notice and opportunity for a hearing, whenever the Secretary finds with respect to loans made under subsection (a) or (c) that any Native community development financial institution has failed to maintain adequate loan accounting records, to demonstrate proper ability to service loans adequately, or to exercise proper credit judgment, or that such Native community development financial institution has willfully or negligently engaged in practices otherwise detrimental to the interest of veterans or of the Government, the Secretary may take such actions as the Secretary determines necessary to protect veterans or the Government, such as requiring immediate repayment of any loans made under subsection (a) and the assignment to the Secretary of loans made under subsection (c).", "id": "idd56b2fd290884381bc1e236c4e896624", "header": "Native community development financial institution relending program", "nested": [ { "text": "(a) Purpose \nThe Secretary may make a loan to a Native community development financial institution for the purpose of allowing the institution to relend loan amounts to qualified Native American veterans, subject to the requirements of this section.", "id": "id4c474ee0baa84d06acf1d0c20bfbee73", "header": "Purpose", "nested": [], "links": [] }, { "text": "(b) Standards \n(1) In general \nThe Secretary shall establish standards to be used in evaluating whether to make a loan to a Native community development financial institution under this section. (2) Requirements \nIn establishing standards under paragraph (1), the Secretary shall ensure that a Native community development financial institution— (A) is able to originate and service loans for single-family homes; (B) is able to operate the relending program in a manner consistent with the mission of the Department to serve veterans; and (C) uses loan amounts received under this section only for the purpose of relending, as described in subsection (c), to Native American veterans.", "id": "idfe1b1cc541f94b2ea67dab30475c1914", "header": "Standards", "nested": [], "links": [] }, { "text": "(c) Relending requirements \n(1) In general \nA Native community development financial institution that receives a loan under this section shall use the loan amounts to make loans to Native American veterans residing on trust land. (2) Requirements \nA loan to a Native American veteran made by a Native community development financial institution under paragraph (1) shall— (A) be limited either to the purpose of purchase, construction, or improvement of a dwelling located on trust land or to the refinance of an existing mortgage loan for a dwelling on trust land, consistent with the requirements of section 3762(h) of this title; and (B) comply with such terms and conditions as the Secretary determines are necessary to protect against predatory lending, including the interest rate charged on a loan to a Native American veteran.", "id": "id866e6f404560430db1f29fd99acacdb6", "header": "Relending requirements", "nested": [], "links": [] }, { "text": "(d) Repayment \nA loan made to a Native community development financial institution under this section shall— (1) be payable to the Secretary upon such terms and conditions as are prescribed in regulations pursuant to this subchapter; and (2) bear interest at a rate of one percent.", "id": "id7672100abcda40dea87677fd9fbd56b6", "header": "Repayment", "nested": [], "links": [] }, { "text": "(e) Oversight \nSubject to notice and opportunity for a hearing, whenever the Secretary finds with respect to loans made under subsection (a) or (c) that any Native community development financial institution has failed to maintain adequate loan accounting records, to demonstrate proper ability to service loans adequately, or to exercise proper credit judgment, or that such Native community development financial institution has willfully or negligently engaged in practices otherwise detrimental to the interest of veterans or of the Government, the Secretary may take such actions as the Secretary determines necessary to protect veterans or the Government, such as requiring immediate repayment of any loans made under subsection (a) and the assignment to the Secretary of loans made under subsection (c).", "id": "id5A865111C9BF48C8B26D76B2316F20E9", "header": "Oversight", "nested": [], "links": [] } ], "links": [] } ]

[ "Building construction", "Housing finance and home ownership", "Indian social and development programs", "Residential rehabilitation and home repair", "Veterans' loans, housing, homeless programs" ]

[ { "text": "1. Short title \nThis Act may be cited as the Artificial Intelligence and Biosecurity Risk Assessment Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Assessment of emerging risks of artificial intelligence \nSection 2811 of the Public Health Service Act ( 42 U.S.C. 300hh–10 ) is amended by adding at the end the following: (h) Assessment of emerging risks \nIn carrying out subsection (b)(4)(I), the Assistant Secretary for Preparedness and Response shall conduct risk assessments and implement strategic initiatives or activities to address whether technical advancements in artificial intelligence, such as open-source artificial intelligence models and large language models, can be used intentionally or unintentionally to develop novel pathogens, viruses, bioweapons, or chemical weapons. Such initiatives and activities may include— (1) regularly monitoring and researching potential global biological catastrophic risks in which biological agents could lead to sudden, extraordinary loss of life and sustained damage to national governments, international relationships, economies, societal stability, or global security; and (2) including in the National Health Security Strategy under section 2802 a summary of the risk assessment conducted under this subsection..", "id": "id381e482e857141b49e9e209de8badd0b", "header": "Assessment of emerging risks of artificial intelligence", "nested": [], "links": [ { "text": "42 U.S.C. 300hh–10", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-10" } ] } ]

[ "Advanced technology and technological innovations", "Chemical and biological weapons", "Infectious and parasitic diseases", "Technology assessment" ]

[ { "text": "1. Short title \nThis Act may be cited as the Women’s Health Protection Act of 2023.", "id": "idd31426b430e045028dfa255c53f91537", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Purpose \nThe purposes of this Act are as follows: (1) To permit people to seek and obtain abortion services, and to permit health care providers to provide abortion services, without harmful or unwarranted limitations or requirements that single out the provision of abortion services for restrictions that are more burdensome than those restrictions imposed on medically comparable procedures, do not significantly advance reproductive health or the safety of abortion services, or make abortion services more difficult to access. (2) To promote access to abortion services and thereby protect women’s ability to participate equally in the economic and social life of the United States. (3) To protect people’s ability to make decisions about their bodies, medical care, family, and life’s course. (4) To eliminate unwarranted burdens on commerce and the right to travel. Abortion bans and restrictions invariably affect commerce over which the United States has jurisdiction. Health care providers engage in economic and commercial activity when they provide abortion services. Moreover, there is an interstate market for abortion services and, in order to provide such services, health care providers engage in interstate commerce to purchase medicine, medical equipment, and other necessary goods and services; to obtain and provide training; and to employ and obtain commercial services from health care personnel, many of whom themselves engage in interstate commerce, including by traveling across State lines. Congress has the authority to enact this Act to protect access to abortion services pursuant to— (A) its powers under the commerce clause of section 8 of article I of the Constitution of the United States; (B) its powers under section 5 of the Fourteenth Amendment to the Constitution of the United States to enforce the provisions of section 1 of the Fourteenth Amendment; and (C) its powers under the necessary and proper clause of section 8 of Article I of the Constitution of the United States.", "id": "id221b407cb6b74029890866dbd9e33f29", "header": "Purpose", "nested": [], "links": [] }, { "text": "3. Definitions \nIn this Act: (1) Abortion services \nThe term abortion services means an abortion and any medical or non-medical services related to and provided in conjunction with an abortion (whether or not provided at the same time or on the same day as the abortion). (2) Government \nThe term government includes each branch, department, agency, instrumentality, and official of the United States or a State. (3) Health care provider \nThe term health care provider means any entity (including any hospital, clinic, or pharmacy) or individual (including any physician, certified nurse-midwife, nurse practitioner, pharmacist, or physician assistant) that— (A) is engaged or seeks to engage in the delivery of health care services, including abortion services; and (B) if required by law or regulation to be licensed or certified to engage in the delivery of such services— (i) is so licensed or certified; or (ii) would be so licensed or certified but for their past, present, or potential provision of abortion services protected by section 4. (4) Medically comparable procedures \nThe term medically comparable procedures means medical procedures that are similar in terms of health and safety risks to the patient, complexity, or the clinical setting that is indicated. (5) Pregnancy \nThe term pregnancy refers to the period of the human reproductive process beginning with the implantation of a fertilized egg. (6) State \nThe term State includes the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States, and any subdivision of any of the foregoing, including any unit of local government, such as a county, city, town, village, or other general purpose political subdivision of a State. (7) Viability \nThe term viability means the point in a pregnancy at which, in the good-faith medical judgment of the treating health care provider, and based on the particular facts of the case before the health care provider, there is a reasonable likelihood of sustained fetal survival outside the uterus with or without artificial support.", "id": "id9d27690d7b5f4a67aa28bc3abad2c65c", "header": "Definitions", "nested": [], "links": [] }, { "text": "4. Protected activities and services \n(a) General rules \n(1) Pre-viability \nA health care provider has a right under this Act to provide abortion services, and a patient has a corresponding right under this Act to terminate a pregnancy prior to viability without being subject to any of the following limitations or requirements: (A) A prohibition on abortion prior to viability, including a prohibition or restriction on a particular abortion procedure or method, or a prohibition on providing or obtaining such abortions. (B) A limitation on a health care provider’s ability to prescribe or dispense drugs that could be used for reproductive health purposes based on current evidence-based regimens or the provider’s good-faith medical judgment, or a limitation on a patient’s ability to receive or use such drugs, other than a limitation generally applicable to the prescription, dispensing, or distribution of drugs. (C) A limitation on a health care provider’s ability to provide, or a patient’s ability to receive, abortion services via telemedicine, other than a limitation generally applicable to the provision of medically comparable services via telemedicine. (D) A limitation or prohibition on a patient’s ability to receive, or a provider’s ability to provide, abortion services in a State based on the State of residency of the patient, or a prohibition or limitation on the ability of any individual to assist or support a patient seeking abortion. (E) A requirement that a health care provider perform specific tests or medical procedures in connection with the provision of abortion services (including prior to or subsequent to the abortion), unless generally required for the provision of medically comparable procedures. (F) A requirement that a health care provider offer or provide a patient seeking abortion services medically inaccurate information. (G) A limitation or requirement concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortion services are provided, or the credentials or hospital privileges or status of personnel at such facilities, that is not imposed on facilities or the personnel of facilities where medically comparable procedures are performed. (H) A requirement that, prior to obtaining an abortion, a patient make one or more medically unnecessary in-person visits to the provider of abortion services or to any individual or entity that does not provide abortion services. (I) A limitation on a health care provider’s ability to provide immediate abortion services when that health care provider believes, based on the good-faith medical judgment of the provider, that delay would pose a risk to the patient’s life or health. (J) A requirement that a patient seeking abortion services at any point or points in time prior to viability disclose the patient’s reason or reasons for seeking abortion services, or a limitation on providing or obtaining abortion services at any point or points in time prior to viability based on any actual, perceived, or potential reason or reasons of the patient for obtaining abortion services, regardless of whether the limitation is based on a health care provider’s actual or constructive knowledge of such reason or reasons. (2) Post-viability \n(A) In general \nA health care provider has a right under this Act to provide abortion services and a patient has a corresponding right under this Act to terminate a pregnancy after viability when, in the good-faith medical judgement of the treating health care provider, it is necessary to protect the life or health of the patient. This subparagraph shall not otherwise apply after viability. (B) Additional circumstances \nA State may provide additional circumstances under which post viability abortions are permitted under this paragraph. (C) Limitation \nIn the case where a termination of a pregnancy after viability, in the good-faith medical judgement of the treating health care provider, is necessary to protect the life or health of the patient, a State shall not impose any of the limitations or requirements described in paragraph (1) (b) Other limitations or requirements \nThe rights described in subsection (a) shall not be limited or otherwise infringed through any other limitation or requirement that— (1) expressly, effectively, implicitly, or as implemented, singles out abortion, the provision of abortion services, individuals who seek abortion services or who provide assistance and support to those seeking abortion services, health care providers who provide abortion services, or facilities in which abortion services are provided; and (2) impedes access to abortion services. (c) Factors for consideration \nA court may consider the following factors, among others, in determining whether a limitation or requirement impedes access to abortion services for purposes of subsection (b)(2): (1) Whether the limitation or requirement, in a provider’s good-faith medical judgment, interferes with a health care provider’s ability to provide care and render services, or poses a risk to the patient’s health or safety. (2) Whether the limitation or requirement is reasonably likely to delay or deter a patient in accessing abortion services. (3) Whether the limitation or requirement is reasonably likely to directly or indirectly increase the cost of providing abortion services or the cost for obtaining abortion services such as costs associated with travel, childcare, or time off work. (4) Whether the limitation or requirement is reasonably likely to have the effect of necessitating patient travel that would not otherwise have been required, including by making it necessary for a patient to travel out of State to obtain services. (5) Whether the limitation or requirement is reasonably likely to result in a decrease in the availability of abortion services in a given State or geographic region. (6) Whether the limitation or requirement imposes penalties that are not imposed on other health care providers for comparable conduct or failure to act, or that are more severe than penalties imposed on other health care providers for comparable conduct or failure to act. (7) The cumulative impact of the limitation or requirement combined with other limitations or requirements. (d) Exception \nTo defend against a claim that a limitation or requirement violates a health care provider’s or patient’s rights under subsection (b) a party must establish, by clear and convincing evidence, that the limitation or requirement is essential to significantly advance the safety of abortion services or the health of the patients and that the safety or health objective cannot be accomplished by a different means that does not interfere with the right protected under subsection (b)).", "id": "ida52c1cba48854e62adcde687f1d27297", "header": "Protected activities and services", "nested": [ { "text": "(a) General rules \n(1) Pre-viability \nA health care provider has a right under this Act to provide abortion services, and a patient has a corresponding right under this Act to terminate a pregnancy prior to viability without being subject to any of the following limitations or requirements: (A) A prohibition on abortion prior to viability, including a prohibition or restriction on a particular abortion procedure or method, or a prohibition on providing or obtaining such abortions. (B) A limitation on a health care provider’s ability to prescribe or dispense drugs that could be used for reproductive health purposes based on current evidence-based regimens or the provider’s good-faith medical judgment, or a limitation on a patient’s ability to receive or use such drugs, other than a limitation generally applicable to the prescription, dispensing, or distribution of drugs. (C) A limitation on a health care provider’s ability to provide, or a patient’s ability to receive, abortion services via telemedicine, other than a limitation generally applicable to the provision of medically comparable services via telemedicine. (D) A limitation or prohibition on a patient’s ability to receive, or a provider’s ability to provide, abortion services in a State based on the State of residency of the patient, or a prohibition or limitation on the ability of any individual to assist or support a patient seeking abortion. (E) A requirement that a health care provider perform specific tests or medical procedures in connection with the provision of abortion services (including prior to or subsequent to the abortion), unless generally required for the provision of medically comparable procedures. (F) A requirement that a health care provider offer or provide a patient seeking abortion services medically inaccurate information. (G) A limitation or requirement concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortion services are provided, or the credentials or hospital privileges or status of personnel at such facilities, that is not imposed on facilities or the personnel of facilities where medically comparable procedures are performed. (H) A requirement that, prior to obtaining an abortion, a patient make one or more medically unnecessary in-person visits to the provider of abortion services or to any individual or entity that does not provide abortion services. (I) A limitation on a health care provider’s ability to provide immediate abortion services when that health care provider believes, based on the good-faith medical judgment of the provider, that delay would pose a risk to the patient’s life or health. (J) A requirement that a patient seeking abortion services at any point or points in time prior to viability disclose the patient’s reason or reasons for seeking abortion services, or a limitation on providing or obtaining abortion services at any point or points in time prior to viability based on any actual, perceived, or potential reason or reasons of the patient for obtaining abortion services, regardless of whether the limitation is based on a health care provider’s actual or constructive knowledge of such reason or reasons. (2) Post-viability \n(A) In general \nA health care provider has a right under this Act to provide abortion services and a patient has a corresponding right under this Act to terminate a pregnancy after viability when, in the good-faith medical judgement of the treating health care provider, it is necessary to protect the life or health of the patient. This subparagraph shall not otherwise apply after viability. (B) Additional circumstances \nA State may provide additional circumstances under which post viability abortions are permitted under this paragraph. (C) Limitation \nIn the case where a termination of a pregnancy after viability, in the good-faith medical judgement of the treating health care provider, is necessary to protect the life or health of the patient, a State shall not impose any of the limitations or requirements described in paragraph (1)", "id": "idd6b5e427c6394f538aa60e157e5a85fa", "header": "General rules", "nested": [], "links": [] }, { "text": "(b) Other limitations or requirements \nThe rights described in subsection (a) shall not be limited or otherwise infringed through any other limitation or requirement that— (1) expressly, effectively, implicitly, or as implemented, singles out abortion, the provision of abortion services, individuals who seek abortion services or who provide assistance and support to those seeking abortion services, health care providers who provide abortion services, or facilities in which abortion services are provided; and (2) impedes access to abortion services.", "id": "id62278552dcb341c0ad5ce5da599e0e35", "header": "Other limitations or requirements", "nested": [], "links": [] }, { "text": "(c) Factors for consideration \nA court may consider the following factors, among others, in determining whether a limitation or requirement impedes access to abortion services for purposes of subsection (b)(2): (1) Whether the limitation or requirement, in a provider’s good-faith medical judgment, interferes with a health care provider’s ability to provide care and render services, or poses a risk to the patient’s health or safety. (2) Whether the limitation or requirement is reasonably likely to delay or deter a patient in accessing abortion services. (3) Whether the limitation or requirement is reasonably likely to directly or indirectly increase the cost of providing abortion services or the cost for obtaining abortion services such as costs associated with travel, childcare, or time off work. (4) Whether the limitation or requirement is reasonably likely to have the effect of necessitating patient travel that would not otherwise have been required, including by making it necessary for a patient to travel out of State to obtain services. (5) Whether the limitation or requirement is reasonably likely to result in a decrease in the availability of abortion services in a given State or geographic region. (6) Whether the limitation or requirement imposes penalties that are not imposed on other health care providers for comparable conduct or failure to act, or that are more severe than penalties imposed on other health care providers for comparable conduct or failure to act. (7) The cumulative impact of the limitation or requirement combined with other limitations or requirements.", "id": "idbe2ff1131a7c4a8189d4a5acc798e7ac", "header": "Factors for consideration", "nested": [], "links": [] }, { "text": "(d) Exception \nTo defend against a claim that a limitation or requirement violates a health care provider’s or patient’s rights under subsection (b) a party must establish, by clear and convincing evidence, that the limitation or requirement is essential to significantly advance the safety of abortion services or the health of the patients and that the safety or health objective cannot be accomplished by a different means that does not interfere with the right protected under subsection (b)).", "id": "id28dc4ca5c556418781b0b9c7d2805f77", "header": "Exception", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Protection of the right to travel \nA person has a fundamental right under the Constitution of the United States and this Act to travel to a State other than the person’s State of residence, including to obtain reproductive health services such as prenatal, childbirth, fertility, and abortion services, and a person has a right under this Act to assist another person to obtain such services or otherwise exercise the right described in this section.", "id": "id27009df6878c4dff8b337e5569b5e609", "header": "Protection of the right to travel", "nested": [], "links": [] }, { "text": "6. Applicability and preemption \n(a) In general \n(1) Superseding inconsistent laws \nExcept as provided under subsection (b), this Act shall supersede any inconsistent Federal or State law, and the implementation of such law, whether statutory, common law, or otherwise, and whether adopted prior to or after the date of enactment of this Act. A Federal or State government official shall not administer, implement, or enforce any law, rule, regulation, standard, or other provision having the force and effect of law that conflicts with any provision of this Act, notwithstanding any other provision of Federal law, including the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq. ). (2) Laws after date of enactment \nFederal law enacted after the date of the enactment of this Act shall be subject to this Act unless such law explicitly excludes such application by reference to this Act. (b) Limitations \nThe provisions of this Act shall not supersede or apply to— (1) laws regulating physical access to clinic entrances; (2) laws regulating insurance or medical assistance coverage of abortion services; (3) the procedure described in section 1531(b)(1) of title 18, United States Code; or (4) generally applicable State contract law. (c) Preemption defense \nIn any legal or administrative action against a person or entity who has exercised or attempted to exercise a right protected by section 4 or section 5 or against any person or entity who has taken any step to assist any such person or entity in exercising such right, this Act shall also apply to, and may be raised as a defense by, such person or entity, in addition to the remedies specified in section 8.", "id": "ide90e5c881405465a9c3b4d77829702e4", "header": "Applicability and preemption", "nested": [ { "text": "(a) In general \n(1) Superseding inconsistent laws \nExcept as provided under subsection (b), this Act shall supersede any inconsistent Federal or State law, and the implementation of such law, whether statutory, common law, or otherwise, and whether adopted prior to or after the date of enactment of this Act. A Federal or State government official shall not administer, implement, or enforce any law, rule, regulation, standard, or other provision having the force and effect of law that conflicts with any provision of this Act, notwithstanding any other provision of Federal law, including the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq. ). (2) Laws after date of enactment \nFederal law enacted after the date of the enactment of this Act shall be subject to this Act unless such law explicitly excludes such application by reference to this Act.", "id": "id4c150c01d3044d3db3a68228172c16f5", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 2000bb et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000bb" } ] }, { "text": "(b) Limitations \nThe provisions of this Act shall not supersede or apply to— (1) laws regulating physical access to clinic entrances; (2) laws regulating insurance or medical assistance coverage of abortion services; (3) the procedure described in section 1531(b)(1) of title 18, United States Code; or (4) generally applicable State contract law.", "id": "id83a4d877f8fb4b5fa512136c8590f3ad", "header": "Limitations", "nested": [], "links": [] }, { "text": "(c) Preemption defense \nIn any legal or administrative action against a person or entity who has exercised or attempted to exercise a right protected by section 4 or section 5 or against any person or entity who has taken any step to assist any such person or entity in exercising such right, this Act shall also apply to, and may be raised as a defense by, such person or entity, in addition to the remedies specified in section 8.", "id": "id34b22bbac09a48f186c3c6fe8de40ac2", "header": "Preemption defense", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 2000bb et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000bb" } ] }, { "text": "7. Rules of construction \n(a) Liberal construction by courts \nIn any action before a court under this Act, the court shall liberally construe the provisions of this Act to effectuate the purposes of the Act. (b) Protection of life and health \nNothing in this Act shall be construed to authorize any government official to interfere with, diminish, or negatively affect a person’s ability to obtain or provide abortion services prior to viability or after viability when, in the good-faith medical judgment of the treating health care provider, continuation of the pregnancy would pose a risk to the pregnant patient’s life or health. (c) Government officials \nAny person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation or requirement that violates section 4 or 5 shall be considered a government official for purposes of this Act.", "id": "id4c145a90c0a845f1a31f146f855c6a62", "header": "Rules of construction", "nested": [ { "text": "(a) Liberal construction by courts \nIn any action before a court under this Act, the court shall liberally construe the provisions of this Act to effectuate the purposes of the Act.", "id": "id509668cd6f4644678664c1cd3030ad74", "header": "Liberal construction by courts", "nested": [], "links": [] }, { "text": "(b) Protection of life and health \nNothing in this Act shall be construed to authorize any government official to interfere with, diminish, or negatively affect a person’s ability to obtain or provide abortion services prior to viability or after viability when, in the good-faith medical judgment of the treating health care provider, continuation of the pregnancy would pose a risk to the pregnant patient’s life or health.", "id": "idc8c2f9dce9db4c04b5595ec05aaca8e3", "header": "Protection of life and health", "nested": [], "links": [] }, { "text": "(c) Government officials \nAny person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation or requirement that violates section 4 or 5 shall be considered a government official for purposes of this Act.", "id": "idbd53a7a4e51f4e4dbb1ef53a6372a0d7", "header": "Government officials", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Enforcement \n(a) Attorney general \nThe Attorney General may commence a civil action on behalf of the United States in any district court of the United States against any State that violates, or against any government official (including a person described in section 7(c)) who implements or enforces a limitation or requirement that violates, section 4 or 5. The court shall declare unlawful the limitation or requirement if it is determined to be in violation of this Act. (b) Private right of action \n(1) In general \nAny individual or entity adversely affected by an alleged violation of this Act, including any person or health care provider, may commence a civil action against any government official (including a person described in section 7(c)) that implements or enforces a limitation or requirement that violates, section 4 or 5. The court shall declare unlawful the limitation or requirement if it is in violation of this Act. (2) Health care provider \nA health care provider may commence an action for relief on its own behalf, on behalf of the provider’s staff, and on behalf of the provider’s patients who are or may be adversely affected by an alleged violation of this Act. (c) Pre-enforcement challenges \nA suit under subsection (a) or (b) may be brought to prevent enforcement or implementation by any government of a State limitation or requirement that is inconsistent with section 4 or 5. (d) Declaratory and equitable relief \nIn any action under this section, the court may award appropriate declaratory and equitable relief, including temporary, preliminary, or permanent injunctive relief. (e) Costs \nIn any action under this section, the court shall award costs of litigation, as well as reasonable attorney’s fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney’s fees in any non-frivolous action under this section. (f) Jurisdiction \nThe district courts of the United States shall have jurisdiction over proceedings under this Act and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. (g) Abrogation of state immunity \nNeither a State that enforces or maintains, nor a government official (including a person described in section 7(c)) who is permitted to implement or enforce any limitation or requirement that violates section 4 or 5 shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement, unless such immunity is required by clearly established Federal law, as determined by the Supreme Court of the United States.", "id": "idafc8d301a8de4cefb8d54a661aeca084", "header": "Enforcement", "nested": [ { "text": "(a) Attorney general \nThe Attorney General may commence a civil action on behalf of the United States in any district court of the United States against any State that violates, or against any government official (including a person described in section 7(c)) who implements or enforces a limitation or requirement that violates, section 4 or 5. The court shall declare unlawful the limitation or requirement if it is determined to be in violation of this Act.", "id": "idb2fedb465d6b4f96b91a67174ea33fa5", "header": "Attorney general", "nested": [], "links": [] }, { "text": "(b) Private right of action \n(1) In general \nAny individual or entity adversely affected by an alleged violation of this Act, including any person or health care provider, may commence a civil action against any government official (including a person described in section 7(c)) that implements or enforces a limitation or requirement that violates, section 4 or 5. The court shall declare unlawful the limitation or requirement if it is in violation of this Act. (2) Health care provider \nA health care provider may commence an action for relief on its own behalf, on behalf of the provider’s staff, and on behalf of the provider’s patients who are or may be adversely affected by an alleged violation of this Act.", "id": "id58c3f5cf4d3044ad970a22ab1a109a89", "header": "Private right of action", "nested": [], "links": [] }, { "text": "(c) Pre-enforcement challenges \nA suit under subsection (a) or (b) may be brought to prevent enforcement or implementation by any government of a State limitation or requirement that is inconsistent with section 4 or 5.", "id": "id44da2d0a93ae4f22869fb12d0274dc43", "header": "Pre-enforcement challenges", "nested": [], "links": [] }, { "text": "(d) Declaratory and equitable relief \nIn any action under this section, the court may award appropriate declaratory and equitable relief, including temporary, preliminary, or permanent injunctive relief.", "id": "id5d25589cebca414db459ce730f6f01f4", "header": "Declaratory and equitable relief", "nested": [], "links": [] }, { "text": "(e) Costs \nIn any action under this section, the court shall award costs of litigation, as well as reasonable attorney’s fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney’s fees in any non-frivolous action under this section.", "id": "ida0dea001fee147f781c5ec263f466bc9", "header": "Costs", "nested": [], "links": [] }, { "text": "(f) Jurisdiction \nThe district courts of the United States shall have jurisdiction over proceedings under this Act and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law.", "id": "id4f771ec89720427aacb2dcd3c9a83522", "header": "Jurisdiction", "nested": [], "links": [] }, { "text": "(g) Abrogation of state immunity \nNeither a State that enforces or maintains, nor a government official (including a person described in section 7(c)) who is permitted to implement or enforce any limitation or requirement that violates section 4 or 5 shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement, unless such immunity is required by clearly established Federal law, as determined by the Supreme Court of the United States.", "id": "id501a4db40a05463ea8a37d9f9ff790ef", "header": "Abrogation of state immunity", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Effective date \nThis Act shall take effect upon the date of enactment of this Act.", "id": "id429a4d071893471fbed9acaf7b0ed037", "header": "Effective date", "nested": [], "links": [] }, { "text": "10. Severability \nIf any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.", "id": "id0b912fa9e78149f89d06e10bc7675660", "header": "Severability", "nested": [], "links": [] } ]

[ "Abortion", "Civil actions and liability", "Federal preemption", "Health care coverage and access", "Health facilities and institutions", "Health personnel", "Health technology, devices, supplies", "Medical tests and diagnostic methods", "Prescription drugs", "Sex and reproductive health", "State and local government operations", "Travel and tourism", "Women's health" ]

[ { "text": "1. Short title \nThis Act may be cited as the Equal Access to Abortion Coverage in Health Insurance Act of 2023 or the EACH Act of 2023.", "id": "H26706874DEAF42998CC49CD1EB3DD93C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress makes the following findings: (1) All people should have access to abortion services regardless of actual or perceived race, color, ethnicity, language, ancestry, citizenship, immigration status, sex (including a sex stereotype; pregnancy, childbirth, or a related medical condition; sexual orientation or gender identity; and sex characteristics), age, disability, or sex work status or behavior. (2) A person’s income level, wealth, or type of insurance should not prevent them from having access to a full range of pregnancy-related health care, including abortion services. (3) No person should have the decision to have, or not to have, an abortion made for them based on the ability or inability to afford the health care service. (4) Since 1976, the Federal Government has banned the use of Federal funds to pay for abortion services and allows for exceptions only in very narrow circumstances. This ban affects people of reproductive age in the United States who are insured through the Medicaid program, as well as individuals who receive insurance or care through other federally funded health programs and plans. (5) Women make up the majority of Medicaid enrollees (54 percent) and, in 2019, approximately 14,000,000 women of reproductive age relied on the program for care. Due to systematic barriers and discrimination, a disproportionately higher number of women of color and Lesbian, Gay, Bisexual, Transgender, or Queer (LGBTQ) individuals are enrolled in the program. (6) Women of color are more likely to be insured by the Medicaid program. Nationwide, 29 percent of Black women and 25 percent of Hispanic women aged 15 to 49 were enrolled in Medicaid in 2018, compared with 15 percent of White women. (7) In the aggregate, nearly one-fifth (19 percent) of Asian-American and Pacific-Islander women are enrolled in the Medicaid program, while enrollment rates for certain Asian ethnic subgroups are much higher (at 62 percent of Bhutanese women, 43 percent of Hmong women and 32 percent of Pakistani women). (8) Medicaid also provides coverage to more than 1 in 4 (27 percent) non-elderly American Indian and Alaska Native (AIAN) adults and half of AIAN children. (9) In a 2014 nationwide survey of LGBT people with incomes less than 400 percent Federal Poverty Level (FPL), 61 percent of all respondents had incomes in the Medicaid expansion range—up to 138 percent of the FPL—including 73 percent of African-American respondents, 67 percent of Latino respondents, and 53 percent of White respondents. Another survey found that 32 percent of Asian and Native Hawaiian/Pacific Islander transgender people were living in poverty. (10) Of women aged 15 through 44 enrolled in Medicaid in 2018, 55 percent lived in the 34 States and the District of Columbia where Medicaid does not cover abortion services except in limited circumstances. This amounted to 7,200,000 women of reproductive age, including 3,000,000 women living below the FPL. Of this population, Black, Indigenous, and other People of Color (BIPOC) women accounted for 51 percent of those enrolled. (11) The Indian Health Service (IHS) is the federally funded health program for American Indians and Alaska Natives. The IHS serves a population of approximately 2,560,000 and as a federally funded system, since 1988, it has been barred from providing abortion services except for very limited cases. American Indians and Alaska Natives often face higher levels of poverty and limited access to health care for a number of intersecting oppressions thus leaving them without recourse for the Federal ban on abortion services. (12) Moreover, 26 States also prohibit coverage of abortion services in the marketplaces and 11 prohibit coverage in private health insurance plans under the Patient Protection and Affordable Care Act ( Public Law 111–148 ). (13) A recent report details how restrictions on abortion services coverage interfere with a person’s individual decision making, with their health and well-being, with their economic security, with their vulnerability to intimate partner violence, and with their constitutionally protected right to a safe and normal health care service. (14) About 25 percent of women covered by Medicaid seeking abortion services must carry their pregnancies to term because they are unable to obtain funds for their care. Government-imposed barriers to abortion services restrict people’s decisions on if, when, and how to parent, and have long-lasting and life-altering harmful effects on the pregnant person, their families and their communities. Those who seek and are denied abortion services are more likely to remain in or fall into poverty than those who access the care they need. (15) Restrictions on abortion service coverage have a disproportionately harmful impact on women with low incomes, women of color, immigrant women, LGBTQ people, and young women. Additionally, numerous State-imposed barriers make it disparately difficult for low-income people, people of color, immigrants, LGBTQ people, and young people to access the health care and resources necessary to prevent unintended pregnancy or to assure that they are able to carry healthy pregnancies to term. Furthermore, young people of reproductive age (ages 15 to 24) are more likely to have a lower income than those older than that, and this income gap is greater for young BIPOC. More than 40 percent of youth and children under age 19 and almost a quarter of young people age 19 to 25 have health insurance through government programs. Without insurance coverage for abortion services, young people are at greater risk of not having the economic means to afford care outside of insurance. Young people face disproportionate access barriers to abortion services, including parental involvement requirement (notification and consent) and cost, in addition to barriers to contraception and inadequate and incomplete sexual and sexuality education. These challenges, which are magnified for BIPOC and queer, trans, and nonbinary youth, can cause significant delays in access to needed care, and could ultimately harm the life of the young person seeking abortion services. These institutionalized barriers deny young people’s right to bodily autonomy and can force young people to encounter an abusive parent or guardian, ignores trusted relationships young people may have with adults other than a parent or legal guardian, and in the case of the judicial bypass process, may force young BIPOC to interact with a legal system that has historically targeted and caused harm to communities of color. (16) These and other government-created and government-institutionalized barriers—including the restriction on funding for abortion services in Federal programs—exacerbate and create poverty and racial inequality in income, wealth-generation, and access to services. (17) Access to health care, including abortion services, promotes the general welfare of people living in the United States. Singling out abortion services for funding restrictions in health care programs otherwise designed to promote the health and well-being of people in the United States has cost pregnant people their lives, their livelihoods, their ability to obtain or maintain economic security for themselves and their families, their ability to meet their family’s basic needs, their ability to continue their education without disruption, and their ability to break free of abusive relationships. (18) Like other health care and health insurance markets in the United States, abortion services and public insurance programs are commercial activities that affect interstate commerce. Providers and patients travel across State lines, and otherwise engage in interstate commerce, to provide and access abortion services. Material goods, services, and federally regulated medications used in abortion services circulate in interstate commerce. (19) Congress has the authority to enact this Act to ensure affordable coverage of abortion services pursuant to— (A) its powers under the necessary and proper clause of section 8, article I of the Constitution of the United States; (B) its powers under the commerce clause of section 8, article I of the Constitution of the United States; (C) its powers to tax and spend for the general welfare under section 8, article I of the Constitution of the United States; and (D) its powers to enforce section 1 of the Fourteenth Amendment under section 5 of the Fourteenth Amendment to the Constitution of the United States. (20) Congress has exercised these constitutional powers to create, expand, and insure health care access for people in the United States for decades. Pursuant to this constitutional authority, Congress has enacted, and subsequently reauthorized, numerous health care programs including title XVIII of the Social Security Act (Medicare, enacted in 1965); title XIX of the Social Security Act (Medicaid, enacted in 1965); and title XXI of the Social Security Act (Children’s Health Insurance Program, enacted in 1997).", "id": "H0B45D136FBFC4AADA2185D0EB3A5A03A", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 111–148", "legal-doc": "public-law", "parsable-cite": "pl/111/148" } ] }, { "text": "3. Definitions \nFor purposes of this Act: (1) Abortion services \nThe term abortion services means an abortion and any services related to, and provided in conjunction with, an abortion, whether or not provided at the same time or on the same day as the abortion. (2) Health program or plan \nThe term health program or plan means the following health programs or plans that pay the cost of, or provide, health care: (A) The Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (B) The Children’s Health Insurance Program under title XXI of the Social Security Act ( 42 U.S.C. 1397 et seq. ). (C) The Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (D) A medicare supplemental policy as defined in section 1882(g)(1) of the Social Security Act ( 42 U.S.C. 1395ss(g)(1) ). (E) The Indian Health Service program under the Indian Health Care Improvement Act ( 25 U.S.C. 1601 et seq. ). (F) Medical care and health benefits under the TRICARE program (as defined in section 1072(7) of title 10, United States Code). (G) Benefits under the uniform health benefits program for employees of the Department of Defense assigned to a nonappropriated fund instrumentality of the Department established under section 349 of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 10 U.S.C. 1587 note). (H) Benefits for veterans under chapter 17 of title 38, United States Code. (I) Medical care for survivors and dependents of veterans under section 1781 of title 38, United States Code. (J) Medical care for individuals in the care or custody of the Department of Homeland Security pursuant to any of section 235, 236, or 241 of the Immigration and Nationality Act ( 8 U.S.C. 1225 , 1226, 1231). (K) Medical care for individuals in the care or custody of the Department of Health and Human Services, Office of Refugee Resettlement under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ) or section 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279 ). (L) Medical assistance to refugees under section 412 of the Immigration and Nationality Act ( 8 U.S.C. 1522 ). (M) Other coverage, such as a State health benefits risk pool, as the Secretary of Health and Human Services, in coordination with the Secretary of the Treasury, recognizes for purposes of section 5000A(f)(1)(E) of the Internal Revenue Code of 1986. (N) The Federal Employees Health Benefit Plan under chapter 89 of title 5, United States Code. (O) Medical care for individuals under the care or custody of the Department of Justice pursuant to chapter 301 of title 18, United States Code. (P) Medical care for Peace Corps volunteers under section 5(e) of the Peace Corps Act ( 22 U.S.C. 2504(e) ). (Q) Other government-sponsored programs established after the date of the enactment of this Act.", "id": "HD5B89318CC33425CA17100C34F1D4E09", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "42 U.S.C. 1397 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1397" }, { "text": "42 U.S.C. 1395 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395" }, { "text": "42 U.S.C. 1395ss(g)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395ss" }, { "text": "25 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/1601" }, { "text": "Public Law 103–337", "legal-doc": "public-law", "parsable-cite": "pl/103/337" }, { "text": "10 U.S.C. 1587", "legal-doc": "usc", "parsable-cite": "usc/10/1587" }, { "text": "chapter 17", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/17" }, { "text": "8 U.S.C. 1225", "legal-doc": "usc", "parsable-cite": "usc/8/1225" }, { "text": "8 U.S.C. 1232", "legal-doc": "usc", "parsable-cite": "usc/8/1232" }, { "text": "6 U.S.C. 279", "legal-doc": "usc", "parsable-cite": "usc/6/279" }, { "text": "8 U.S.C. 1522", "legal-doc": "usc", "parsable-cite": "usc/8/1522" }, { "text": "section 5000A(f)(1)(E)", "legal-doc": "usc", "parsable-cite": "usc/26/5000A" }, { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" }, { "text": "chapter 301", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/301" }, { "text": "22 U.S.C. 2504(e)", "legal-doc": "usc", "parsable-cite": "usc/22/2504" } ] }, { "text": "4. Abortion coverage and care regardless of income or source of insurance \n(a) Ensuring Abortion Coverage and Care Through the Federal Government in its Role as an Insurer and Employer \nEach person insured by, enrolled in, or otherwise receiving medical care from health programs or plans described in section 3(2) shall receive coverage of abortion services. Health programs or plans described in section 3(2) shall provide coverage of abortion services. (b) Ensuring Abortion Coverage and Care Through the Federal Government in its Role as a Health Care Provider \nIn its role as a provider of health services, including under health programs described in section 3(2) and health services covered by health plans described in section 3(2), the Federal Government shall ensure access to abortion services for individuals who are eligible to receive medical care in its own facilities or in facilities with which it contracts to provide medical care. (c) Prohibiting Restrictions On Private Insurance Coverage Of Abortion Services \nThe Federal Government shall not prohibit, restrict, or otherwise inhibit insurance coverage of abortion services by State or local government or by private health plans.", "id": "H5A3BA6079D774C10AC9FA12B428ED60F", "header": "Abortion coverage and care regardless of income or source of insurance", "nested": [ { "text": "(a) Ensuring Abortion Coverage and Care Through the Federal Government in its Role as an Insurer and Employer \nEach person insured by, enrolled in, or otherwise receiving medical care from health programs or plans described in section 3(2) shall receive coverage of abortion services. Health programs or plans described in section 3(2) shall provide coverage of abortion services.", "id": "HD1F5463AB4AB401B8EDC0984A2B03697", "header": "Ensuring Abortion Coverage and Care Through the Federal Government in its Role as an Insurer and Employer", "nested": [], "links": [] }, { "text": "(b) Ensuring Abortion Coverage and Care Through the Federal Government in its Role as a Health Care Provider \nIn its role as a provider of health services, including under health programs described in section 3(2) and health services covered by health plans described in section 3(2), the Federal Government shall ensure access to abortion services for individuals who are eligible to receive medical care in its own facilities or in facilities with which it contracts to provide medical care.", "id": "H275C68CB2ECD464F8100940613909116", "header": "Ensuring Abortion Coverage and Care Through the Federal Government in its Role as a Health Care Provider", "nested": [], "links": [] }, { "text": "(c) Prohibiting Restrictions On Private Insurance Coverage Of Abortion Services \nThe Federal Government shall not prohibit, restrict, or otherwise inhibit insurance coverage of abortion services by State or local government or by private health plans.", "id": "HFC1C1CA8AB6C45A691A573D199FC0F79", "header": "Prohibiting Restrictions On Private Insurance Coverage Of Abortion Services", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Repeal of section 1303 \n(a) In general \nSection 1303 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18023 ) is repealed. (b) Conforming amendments \n(1) Basic health plans \nSection 1331(d) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18051(d) ) is amended by striking paragraph (4). (2) Multi-State plans \nSection 1334(a) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) is amended— (A) by striking paragraph (6); and (B) by redesignating paragraph (7) as paragraph (6).", "id": "H37B95C58E807441BB39A2B1055BF10EF", "header": "Repeal of section 1303", "nested": [ { "text": "(a) In general \nSection 1303 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18023 ) is repealed.", "id": "idA1830F9565E84ABA81939B55117A8DAE", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 18023", "legal-doc": "usc", "parsable-cite": "usc/42/18023" } ] }, { "text": "(b) Conforming amendments \n(1) Basic health plans \nSection 1331(d) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18051(d) ) is amended by striking paragraph (4). (2) Multi-State plans \nSection 1334(a) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) is amended— (A) by striking paragraph (6); and (B) by redesignating paragraph (7) as paragraph (6).", "id": "idBD244B74A12E4DE88B32624BECA7CEBC", "header": "Conforming amendments", "nested": [], "links": [ { "text": "42 U.S.C. 18051(d)", "legal-doc": "usc", "parsable-cite": "usc/42/18051" }, { "text": "Public Law 111–148", "legal-doc": "public-law", "parsable-cite": "pl/111/148" } ] } ], "links": [ { "text": "42 U.S.C. 18023", "legal-doc": "usc", "parsable-cite": "usc/42/18023" }, { "text": "42 U.S.C. 18051(d)", "legal-doc": "usc", "parsable-cite": "usc/42/18051" }, { "text": "Public Law 111–148", "legal-doc": "public-law", "parsable-cite": "pl/111/148" } ] }, { "text": "6. Sense of Congress \nIt is the sense of Congress that— (1) the Federal Government, acting in its capacity as an insurer, employer, or health care provider, should serve as a model for the Nation to ensure coverage of abortion services; and (2) restrictions on coverage of abortion services in the private insurance market must end.", "id": "H96A06B2B0B2D4D28A3B26A0590B81BE8", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "7. Rule of construction \nNothing in this Act shall be construed to have any effect on any Federal, State, or local law that includes more protections for abortion coverage or abortion services than those set forth in this Act.", "id": "HB332D65718AC45B9B09DF542B8C12424", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "8. Relationship to Federal law \nThis Act supersedes and applies to all Federal law, and the implementation of that law, whether statutory or otherwise, and whether adopted before or after the date of enactment of this Act and is not subject to the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq. ).", "id": "H7881A8E85C3E4A05B038D8AB7F273FB8", "header": "Relationship to Federal law", "nested": [], "links": [ { "text": "42 U.S.C. 2000bb et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000bb" } ] }, { "text": "9. Severability \nIf any portion of this Act or the application thereof to any person, entity, government, or circumstances is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application.", "id": "H6AE10F984716450B8B769E25C98D3C22", "header": "Severability", "nested": [], "links": [] } ]

[ "Abortion", "Child health", "Correctional facilities and imprisonment", "Detention of persons", "Government employee pay, benefits, personnel management", "Health care costs and insurance", "Health care coverage and access", "Health programs administration and funding", "Immigrant health and welfare", "Indian social and development programs", "Medicaid", "Medicare", "Military medicine", "Military personnel and dependents", "Minority health", "Peace Corps", "Poverty and welfare assistance", "Refugees, asylum, displaced persons", "Social work, volunteer service, charitable organizations", "State and local government operations", "Veterans' medical care" ]

[ { "text": "1. Short title \nThis Act may be cited as the Assuring that the Fact-Finding Examination Continues to Track Human Rights in Venezuela Act or the AFFECT Human Rights in Venezuela Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress makes the following findings: (1) The United Nations Human Rights Council Resolution adopted Resolution 42/25 on September 27, 2019, establishing an independent fact-finding mission (referred to in this Act as the Fact-Finding Mission ) on the Bolivarian Republic of Venezuela to investigate extrajudicial executions, enforced disappearances, arbitrary detentions and torture and other cruel, inhuman or degrading treatment since 2014 with a view to ensuring full accountability for perpetrators and justice for victims. (2) The mandate of the Fact-Finding Mission was extended by the United Nations Human Rights Council in 2020 for two years, and on October 7, 2022, for an additional two years, with a view to combating impunity and ensuring full accountability for perpetrators and justice for victims. (3) The Fact-Finding Mission has faced several constraints, including lack of access to work in-country, travel limitations due to the COVID–19 pandemic, disrupted interviews due to electricity and internet failures, and limited ability to secure witness statements and key documents. Despite these challenges, the Fact-Finding Mission has been able to carry out its investigative and analytical work, and generate reports that serve as an invaluable resource for victims, civil society organizations, and international accountability mechanisms. (4) The Fact-Finding Mission has identified specific incidents and patterns establishing reasonable grounds to conclude that violations of international human rights and criminal law have been committed in Venezuela, according to its October 2022 report. (5) The Fact-Finding Mission’s October 2022 report concludes that crimes and violations, amounting to crimes against humanity, including extremely grave acts of torture, were committed by individuals holding various positions within the hierarchies of [the Venezuelan General Directorate of Military Counterintelligence] and [the Bolivarian National Intelligence Service] as part of a plan designed by high-level authorities to repress opponents of the Government. (6) Marta Valiñas, Chair of the Fact-Finding Mission, stated in January 2023 that the Maduro regime’s proposed law restricting the activities of nongovernmental organizations could represent a point of no return in the closure of the civic and democratic space and noted that organizations working in the areas of human rights in Venezuela are facing increased legal and operational hurdles, including surveillance by Venezuelan intelligence services and diminished access to funding. (7) Women and girls fleeing Venezuela face grave threats of sexual violence, exploitation, and trafficking by armed groups operating in border regions, such as the Ejército de Liberación Nacional (ELN). (8) The Fact-Finding Mission continues to urge members of the United Nations Human Rights Council to continue to pay close attention to developments in the Bolivarian Republic of Venezuela and to monitor whether credible progress is being made in advancing justice, accountability and respect for human rights. (9) The United States has historically used its voice, vote, and influence at the United Nations to address human rights abuses around the world and to seek to hold perpetrators accountable.", "id": "id348acdd185e447d6897c43ac018c93f3", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Actions relating to the fact-finding mission on Venezuela \n(a) Support To extend mandate \nThe Secretary of State shall take such actions as may be necessary to use the voice, vote, and influence of the United States in the United Nations Human Rights Council (UNHRC) and the United Nations General Assembly (UNGA) to seek to— (1) extend the mandate of the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela to continue until a resolution of the crisis in Venezuelan that includes— (A) holding a new presidential election that complies with international standards for a free, fair, and transparent electoral process; (B) ending Nicolas Maduro’s usurpation of presidential authorities; (C) restoring democracy and the rule of law; (D) freeing political prisoners; and (E) facilitating the consistent delivery of humanitarian aid; (2) encourage international support to empower the Fact-Finding Mission to thoroughly conduct its stated purpose of investigating gross violations of human rights perpetrated in Venezuela since 2014; (3) urge the Fact-Finding Mission to raise early warnings of further deterioration of the human rights situation in Venezuela, particularly ahead of the country’s elections expected in the country for 2024 and 2025; and (4) provide investigative and technical assistance to the Fact-Finding Mission as requested and as permitted within the United Nations Rules and Regulations and within United States law. (b) Support for further action \nThe President is authorized to 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 Venezuela by— (1) urging the UNGA to consider a resolution condemning the Venezuelan regime’s use of political prisoners and wrongfully detained foreign nationals as leverage to extract concessions from its adversaries consistent with prior United Nations resolutions; (2) assisting efforts by the relevant United Nations Special Envoys and Special Rapporteurs to secure the release of all political prisoners and wrongfully detained foreign nationals in Venezuela, including Americans, promote respect for human rights, and encourage dialogue towards a peaceful and democratic transfer of power; (3) urging the United Nations and specialized agencies to address the humanitarian needs of the people of Venezuela, including— (A) enhancing the reach of existing United Nations programs that fund nongovernmental organizations which provide critical services to residents of Venezuela and who may be subject to restrictive policies by the regime of Nicolás Maduro; and (B) providing direct assistance to vulnerable Venezuelan refugees and migrants in third countries; (4) urging United Nations member states and other donors to support present and future United Nations funding appeals with the purpose of improving humanitarian conditions in Venezuela; and (5) supporting access for humanitarian actors, independent media, and credible international legal and judicial entities, including future United Nations fact-finding missions and similar investigatory mechanisms, to people residing in Venezuela and to the growing Venezuelan diaspora. (c) Due consideration of fact-Finding mission reports \nThe President and the Secretary of State shall— (1) appropriately review all past and future reports presented by the Fact-Finding Mission to United Nations bodies; and (2) give due consideration to the Fact-Finding Mission’s reported conclusions in developing and executing the foreign policy of the United States with respect to Venezuela. (d) Report \nNot later than 90 days after the date of the enactment of this Act, and annually thereafter until the expiration of the official mandate of the Fact-Finding Mission, the Secretary of State shall submit to the appropriate congressional committees a report on the implementation of the actions described in subsections (a), (b), and (c). (e) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.", "id": "id9a1d65203f32492aac56470e5dfaacc5", "header": "Actions relating to the fact-finding mission on Venezuela", "nested": [ { "text": "(a) Support To extend mandate \nThe Secretary of State shall take such actions as may be necessary to use the voice, vote, and influence of the United States in the United Nations Human Rights Council (UNHRC) and the United Nations General Assembly (UNGA) to seek to— (1) extend the mandate of the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela to continue until a resolution of the crisis in Venezuelan that includes— (A) holding a new presidential election that complies with international standards for a free, fair, and transparent electoral process; (B) ending Nicolas Maduro’s usurpation of presidential authorities; (C) restoring democracy and the rule of law; (D) freeing political prisoners; and (E) facilitating the consistent delivery of humanitarian aid; (2) encourage international support to empower the Fact-Finding Mission to thoroughly conduct its stated purpose of investigating gross violations of human rights perpetrated in Venezuela since 2014; (3) urge the Fact-Finding Mission to raise early warnings of further deterioration of the human rights situation in Venezuela, particularly ahead of the country’s elections expected in the country for 2024 and 2025; and (4) provide investigative and technical assistance to the Fact-Finding Mission as requested and as permitted within the United Nations Rules and Regulations and within United States law.", "id": "id2121e68f80114a4da85209ecb0995b45", "header": "Support To extend mandate", "nested": [], "links": [] }, { "text": "(b) Support for further action \nThe President is authorized to 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 Venezuela by— (1) urging the UNGA to consider a resolution condemning the Venezuelan regime’s use of political prisoners and wrongfully detained foreign nationals as leverage to extract concessions from its adversaries consistent with prior United Nations resolutions; (2) assisting efforts by the relevant United Nations Special Envoys and Special Rapporteurs to secure the release of all political prisoners and wrongfully detained foreign nationals in Venezuela, including Americans, promote respect for human rights, and encourage dialogue towards a peaceful and democratic transfer of power; (3) urging the United Nations and specialized agencies to address the humanitarian needs of the people of Venezuela, including— (A) enhancing the reach of existing United Nations programs that fund nongovernmental organizations which provide critical services to residents of Venezuela and who may be subject to restrictive policies by the regime of Nicolás Maduro; and (B) providing direct assistance to vulnerable Venezuelan refugees and migrants in third countries; (4) urging United Nations member states and other donors to support present and future United Nations funding appeals with the purpose of improving humanitarian conditions in Venezuela; and (5) supporting access for humanitarian actors, independent media, and credible international legal and judicial entities, including future United Nations fact-finding missions and similar investigatory mechanisms, to people residing in Venezuela and to the growing Venezuelan diaspora.", "id": "id1b8b78b1959c43fa9d6dbad5a8f9efee", "header": "Support for further action", "nested": [], "links": [] }, { "text": "(c) Due consideration of fact-Finding mission reports \nThe President and the Secretary of State shall— (1) appropriately review all past and future reports presented by the Fact-Finding Mission to United Nations bodies; and (2) give due consideration to the Fact-Finding Mission’s reported conclusions in developing and executing the foreign policy of the United States with respect to Venezuela.", "id": "id1132e6d369ee4a7597f734dfb3c94f18", "header": "Due consideration of fact-Finding mission reports", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than 90 days after the date of the enactment of this Act, and annually thereafter until the expiration of the official mandate of the Fact-Finding Mission, the Secretary of State shall submit to the appropriate congressional committees a report on the implementation of the actions described in subsections (a), (b), and (c).", "id": "ide75cb666c8524d3a9f967b95487c884a", "header": "Report", "nested": [], "links": [] }, { "text": "(e) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.", "id": "id7c1f99f1781647f99739c8797b11be07", "header": "Appropriate congressional committees defined", "nested": [], "links": [] } ], "links": [] } ]

[ "Congressional oversight", "Criminal procedure and sentencing", "Detention of persons", "Foreign aid and international relief", "Human rights", "International organizations and cooperation", "Latin America", "United Nations", "Venezuela" ]

[ { "text": "1. Short title \nThis Act may be cited as the DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act.", "id": "H21F60A318CF34060ADCC3DD51703EAFC", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Limitations on Confucius Institutes’ host schools \n(a) Definitions \nIn this section: (1) Chinese entity of concern \nThe term Chinese entity of concern means any university or college in the People’s Republic of China that— (A) is involved in the implementation of military-civil fusion; (B) participates in the Chinese defense industrial base; (C) is affiliated with the Chinese State Administration for Science, Technology, and Industry for the National Defense; (D) receives funding from any organization subordinate to the Central Military Commission of the Chinese Communist Party; or (E) provides support to any security, defense, police, or intelligence organization of the Government of the People’s Republic of China or the Chinese Communist Party. (2) Confucius Institute \nThe term Confucius Institute means a cultural institute funded by the Government of the People’s Republic of China. (3) Institution of higher education \nThe term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (4) Relationship \nThe term relationship means, with respect to an institution of higher education, any contract awarded, or agreement entered into, as well as any in-kind donation or gift, received from a Confucius Institute or Chinese entity of concern. (b) Restrictions on institutions of higher education \n(1) In general \nBeginning with the first fiscal year that begins after the date that is 12 months after the date of enactment of this Act, the Secretary of Homeland Security shall ensure that an institution of higher education that has a relationship with a Confucius Institute or Chinese entity of concern is ineligible to receive any funds from the Department of Homeland Security, unless the institution of higher education terminates the relationship between the institution of higher education and such Confucius Institute or Chinese entity of concern, as the case may be. (2) Termination \nUpon the termination of a relationship described in paragraph (1), the institution of higher education at issue shall be eligible to receive funds from the Department of Homeland Security.", "id": "H1FE5796FF58743698BE754EB8B7497AE", "header": "Limitations on Confucius Institutes’ host schools", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Chinese entity of concern \nThe term Chinese entity of concern means any university or college in the People’s Republic of China that— (A) is involved in the implementation of military-civil fusion; (B) participates in the Chinese defense industrial base; (C) is affiliated with the Chinese State Administration for Science, Technology, and Industry for the National Defense; (D) receives funding from any organization subordinate to the Central Military Commission of the Chinese Communist Party; or (E) provides support to any security, defense, police, or intelligence organization of the Government of the People’s Republic of China or the Chinese Communist Party. (2) Confucius Institute \nThe term Confucius Institute means a cultural institute funded by the Government of the People’s Republic of China. (3) Institution of higher education \nThe term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (4) Relationship \nThe term relationship means, with respect to an institution of higher education, any contract awarded, or agreement entered into, as well as any in-kind donation or gift, received from a Confucius Institute or Chinese entity of concern.", "id": "H600B818E92AF4BE78ED6558BFBAF26DE", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] }, { "text": "(b) Restrictions on institutions of higher education \n(1) In general \nBeginning with the first fiscal year that begins after the date that is 12 months after the date of enactment of this Act, the Secretary of Homeland Security shall ensure that an institution of higher education that has a relationship with a Confucius Institute or Chinese entity of concern is ineligible to receive any funds from the Department of Homeland Security, unless the institution of higher education terminates the relationship between the institution of higher education and such Confucius Institute or Chinese entity of concern, as the case may be. (2) Termination \nUpon the termination of a relationship described in paragraph (1), the institution of higher education at issue shall be eligible to receive funds from the Department of Homeland Security.", "id": "H81922EBA8C4C4F0CA801E924CB703209", "header": "Restrictions on institutions of higher education", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] } ]

[ "Area studies and international education", "Asia", "China", "Department of Homeland Security", "Higher education", "International exchange and broadcasting" ]

[ { "text": "1. Short title \nThis Act may be cited as the Strengthening Sanctions on Fentanyl Traffickers Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prioritization of identification of persons from the People's Republic of China \nSection 7211 of the Fentanyl Sanctions Act ( 21 U.S.C. 2311 ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following new paragraph (3): (3) Prioritization \n(A) In general \nIn preparing the report required by paragraph (1), the President shall prioritize the identification of persons of the People's Republic of China involved in the shipment of fentanyl, fentanyl analogues, fentanyl precursors, precursors for fentanyl analogues, pre-precursors for fentanyl and fentanyl analogues, and equipment for the manufacturing of fentanyl and fentanyl-laced counterfeit pills to Mexico or any other country that is involved in the production of fentanyl that is trafficked into the United States, including— (i) any entity involved in the production of pharmaceuticals; and (ii) any person that is acting on behalf of any such entity. (B) Termination of prioritization \n(i) The President shall continue the prioritization described in subparagraph (A) until the People’s Republic of China is no longer the primary source for the shipment of fentanyl, fentanyl analogues, fentanyl precursors, precursors for fentanyl analogues, pre-precursors for fentanyl and fentanyl analogues, and equipment for the manufacturing of fentanyl and fentanyl-laced counterfeit pills to Mexico or any other country that is involved in the production of fentanyl that is trafficked into the United States; and (ii) the President so certifies to the appropriate congressional committees. (C) Person of the People's Republic of China defined \nIn this section, the term person of the People's Republic of China means— (i) an individual who is a citizen or national of the People's Republic of China; or (ii) an entity organized under the laws of the People's Republic of China or otherwise subject to the jurisdiction of the Government of the People's Republic of China. ; and (2) in subsection (c), by striking the date that is 5 years after such date of enactment and inserting December 31, 2030.", "id": "id148fc583a61f43e6887fe7c0fe25a496", "header": "Prioritization of identification of persons from the People's Republic of China", "nested": [], "links": [ { "text": "21 U.S.C. 2311", "legal-doc": "usc", "parsable-cite": "usc/21/2311" } ] }, { "text": "3. Sanctions with respect to significant fentanyl trafficking organizations \n(a) In general \nUnited States sanctions imposed on the transnational criminal organizations listed in subsection (b) provided for in the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1901 et seq. ), as in effect on the date of the enactment of this Act, shall remain in effect except as provided in subsection (c). (b) Transnational criminal organizations \nThe transnational criminal organizations listed in this subsection are the following: (1) The Sinaloa Cartel. (2) The Jalisco New Generation Cartel. (3) The Beltran-Leyva Organization. (4) Los Zetas. (5) The Guerreros Unidos. (6) The Gulf Cartel. (7) The Juarez Cartel. (8) La Familia Michocana. (9) Los Rojos. (c) Termination of certain sanctions \nThe President may terminate the application of any sanctions described in subsection (a) with respect to any transnational criminal organization listed in subsection (b) if the President submits to the appropriate congressional committees a notice that such transnational criminal organization is not engaging in the activity that was the basis for such sanctions. (d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.", "id": "id35a840202bcd4f768743b5b9bd215097", "header": "Sanctions with respect to significant fentanyl trafficking organizations", "nested": [ { "text": "(a) In general \nUnited States sanctions imposed on the transnational criminal organizations listed in subsection (b) provided for in the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1901 et seq. ), as in effect on the date of the enactment of this Act, shall remain in effect except as provided in subsection (c).", "id": "id2923abe7484e4e3aae122e88e7bb7431", "header": "In general", "nested": [], "links": [ { "text": "21 U.S.C. 1901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/1901" } ] }, { "text": "(b) Transnational criminal organizations \nThe transnational criminal organizations listed in this subsection are the following: (1) The Sinaloa Cartel. (2) The Jalisco New Generation Cartel. (3) The Beltran-Leyva Organization. (4) Los Zetas. (5) The Guerreros Unidos. (6) The Gulf Cartel. (7) The Juarez Cartel. (8) La Familia Michocana. (9) Los Rojos.", "id": "id3ebd7a40626c4cca8dda136d8d378abb", "header": "Transnational criminal organizations", "nested": [], "links": [] }, { "text": "(c) Termination of certain sanctions \nThe President may terminate the application of any sanctions described in subsection (a) with respect to any transnational criminal organization listed in subsection (b) if the President submits to the appropriate congressional committees a notice that such transnational criminal organization is not engaging in the activity that was the basis for such sanctions.", "id": "id61f7974e8cb34f65b434cbf6c0534d14", "header": "Termination of certain sanctions", "nested": [], "links": [] }, { "text": "(d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.", "id": "id3cc906238e894c03bb5ed7f781c74b04", "header": "Appropriate congressional committees defined", "nested": [], "links": [] } ], "links": [ { "text": "21 U.S.C. 1901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/1901" } ] }, { "text": "4. Imposition of sanctions with respect to foreign persons involved in global illicit drug trade \n(a) In general \nThe President may impose any of the sanctions described in subsection (b) with respect to any foreign person determined by the President— (1) to have engaged in, or attempted to engage in, activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to, the international trafficking of illicit drugs or their means of production; (2) to have knowingly received any property or interest in property that the foreign person knows— (A) constitutes or is derived from proceeds of activities or transactions described in paragraph (1); or (B) was used or intended to be used to commit or to facilitate such activities or transactions; (3) to have provided, or attempted to provide, financial, material, or technological support for, or goods or services in support of— (A) any activity or transaction described in paragraph (1); or (B) any sanctioned person; (4) to be a leader or official of any sanctioned person or of any foreign person that has engaged in any activity or transaction described in paragraph (1); or (5) to be owned, controlled, or directed by, or to have acted or purported to act for or on behalf of, directly or indirectly, any sanctioned person. (b) Sanctions described \nThe sanctions described in this subsection are the following: (1) Blocking of property \nThe President may, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), block and prohibit all transactions in property and interests in property of the sanctioned person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Banking transactions \nThe President may prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the sanctioned person. (3) Loans from United States financial institutions \nThe President may prohibit any United States financial institution from making loans or providing credit to the sanctioned person. (4) Foreign exchange transactions \nThe President may prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the sanctioned person has any interest. (5) Prohibition on investment in equity or debt of sanctioned person \nThe President may prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the sanctioned person. (6) Prohibitions on financial institutions \nThe President may direct that the following prohibitions be imposed with respect to a sanctioned person that is a financial institution: (A) Prohibition on designation as primary dealer \nNeither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the financial institution as a primary dealer in United States Government debt instruments. (B) Prohibition on service as a repository of government funds \nThe financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds. (7) Procurement ban \nThe President may direct that the United States Government may not procure, or enter into any contract for the procurement of, any goods or services from the sanctioned person. (8) Exclusion of corporate officers \nThe President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a leader, official, senior executive officer, or director of, or a shareholder with a controlling interest in, the sanctioned person. (9) Sanctions on principal executive officers \nThe President may impose on the principal executive officer or officers of the sanctioned person, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions described in paragraphs (1) through (8) that are applicable. (c) Inadmissibility of certain sanctioned persons \n(1) Visas, admission, or parole \nExcept as provided by paragraph (3), an alien with respect to whom the President imposed sanctions under paragraph (1) or (8) of subsection (b) shall be— (A) inadmissible to the United States; (B) ineligible to receive a visa or other documentation to enter the United States; and (C) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (2) Current visas revoked \n(A) In general \nThe visa or other entry documentation of any alien described in paragraph (1) is subject to revocation regardless of the date on which the visa or other entry documentation is or was issued. (B) Immediate effect \nA revocation under subparagraph (A) shall— (i) take effect immediately; and (ii) cancel any other valid visa or entry documentation that is in the possession of the alien. (3) Exceptions \nParagraphs (1) and (2) shall not apply with respect to the admission of an alien described in paragraph (1) if the President determines that the admission of the alien would not be contrary to the interests of the United States, including if the Secretary of State or the Secretary of Homeland Security, as appropriate, determines, based on a recommendation of the Attorney General, that the admission of the alien would further important United States law enforcement objectives. (d) Implementation \nThe President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (e) Exception relating to importation of goods \n(1) In general \nThe authorities and requirements to impose sanctions authorized under this Act shall not include the authority or a requirement to impose sanctions on the importation of goods. (2) Good defined \nIn this paragraph, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (f) Definitions \nIn this section: (1) Admission; admitted; alien; lawfully admitted for permanent residence; national \nThe terms admission , admitted , alien , lawfully admitted for permanent residence , and national have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Entity \nThe term entity means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. (3) Financial institution \nThe term financial institution includes— (A) a depository institution (as defined in section 3(c)(1) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(c)(1) )), including a branch or agency of a foreign bank (as defined in section 1(b)(7) of the International Banking Act of 1978 ( 12 U.S.C. 3101(7) )); (B) a credit union; (C) a securities firm, including a broker or dealer; (D) an insurance company, including an agency or underwriter; and (E) any other entity that provides financial services. (4) Knowingly; knows \nThe terms knowingly and knows , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (5) Means of production \nThe terms means of production includes any activities or transactions involving any equipment, chemical, product, or material that may be used, directly or indirectly, in the manufacture of illicit drugs or precursor chemicals. (6) Person \nThe term person means an individual or entity. (7) Proliferation of illicit drugs \nThe term proliferation of illicit drugs means any illicit activity to produce, manufacture, distribute, sell, or knowingly finance or transport narcotic drugs, controlled substances, listed chemicals, or controlled substance analogues, as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (8) Sanctioned person \nThe term sanctioned person means any person with respect to which sanctions are imposed under this section. (9) United States financial institution \nThe term United States financial institution means a financial institution (including its foreign branches)— (A) organized under the laws of the United States or of any jurisdiction within the United States; or (B) located in the United States.", "id": "id2e2b1e9ff79b449184bda82c05e0edcb", "header": "Imposition of sanctions with respect to foreign persons involved in global illicit drug trade", "nested": [ { "text": "(a) In general \nThe President may impose any of the sanctions described in subsection (b) with respect to any foreign person determined by the President— (1) to have engaged in, or attempted to engage in, activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to, the international trafficking of illicit drugs or their means of production; (2) to have knowingly received any property or interest in property that the foreign person knows— (A) constitutes or is derived from proceeds of activities or transactions described in paragraph (1); or (B) was used or intended to be used to commit or to facilitate such activities or transactions; (3) to have provided, or attempted to provide, financial, material, or technological support for, or goods or services in support of— (A) any activity or transaction described in paragraph (1); or (B) any sanctioned person; (4) to be a leader or official of any sanctioned person or of any foreign person that has engaged in any activity or transaction described in paragraph (1); or (5) to be owned, controlled, or directed by, or to have acted or purported to act for or on behalf of, directly or indirectly, any sanctioned person.", "id": "id8d0e031e69cd4575b1bdb6d58cd19008", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Sanctions described \nThe sanctions described in this subsection are the following: (1) Blocking of property \nThe President may, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), block and prohibit all transactions in property and interests in property of the sanctioned person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Banking transactions \nThe President may prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the sanctioned person. (3) Loans from United States financial institutions \nThe President may prohibit any United States financial institution from making loans or providing credit to the sanctioned person. (4) Foreign exchange transactions \nThe President may prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the sanctioned person has any interest. (5) Prohibition on investment in equity or debt of sanctioned person \nThe President may prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the sanctioned person. (6) Prohibitions on financial institutions \nThe President may direct that the following prohibitions be imposed with respect to a sanctioned person that is a financial institution: (A) Prohibition on designation as primary dealer \nNeither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the financial institution as a primary dealer in United States Government debt instruments. (B) Prohibition on service as a repository of government funds \nThe financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds. (7) Procurement ban \nThe President may direct that the United States Government may not procure, or enter into any contract for the procurement of, any goods or services from the sanctioned person. (8) Exclusion of corporate officers \nThe President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a leader, official, senior executive officer, or director of, or a shareholder with a controlling interest in, the sanctioned person. (9) Sanctions on principal executive officers \nThe President may impose on the principal executive officer or officers of the sanctioned person, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions described in paragraphs (1) through (8) that are applicable.", "id": "id80E390776CAB4DA1BED62A13697AD20D", "header": "Sanctions described", "nested": [], "links": [ { "text": "50 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "(c) Inadmissibility of certain sanctioned persons \n(1) Visas, admission, or parole \nExcept as provided by paragraph (3), an alien with respect to whom the President imposed sanctions under paragraph (1) or (8) of subsection (b) shall be— (A) inadmissible to the United States; (B) ineligible to receive a visa or other documentation to enter the United States; and (C) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (2) Current visas revoked \n(A) In general \nThe visa or other entry documentation of any alien described in paragraph (1) is subject to revocation regardless of the date on which the visa or other entry documentation is or was issued. (B) Immediate effect \nA revocation under subparagraph (A) shall— (i) take effect immediately; and (ii) cancel any other valid visa or entry documentation that is in the possession of the alien. (3) Exceptions \nParagraphs (1) and (2) shall not apply with respect to the admission of an alien described in paragraph (1) if the President determines that the admission of the alien would not be contrary to the interests of the United States, including if the Secretary of State or the Secretary of Homeland Security, as appropriate, determines, based on a recommendation of the Attorney General, that the admission of the alien would further important United States law enforcement objectives.", "id": "idB1A1E3A1010D4AA4AFD1DCF8761CDB76", "header": "Inadmissibility of certain sanctioned persons", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(d) Implementation \nThe President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.", "id": "id6efd532b848542d19eb0b54d5038d7fa", "header": "Implementation", "nested": [], "links": [] }, { "text": "(e) Exception relating to importation of goods \n(1) In general \nThe authorities and requirements to impose sanctions authorized under this Act shall not include the authority or a requirement to impose sanctions on the importation of goods. (2) Good defined \nIn this paragraph, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.", "id": "idf163ef357af24651861084810ffd526f", "header": "Exception relating to importation of goods", "nested": [], "links": [] }, { "text": "(f) Definitions \nIn this section: (1) Admission; admitted; alien; lawfully admitted for permanent residence; national \nThe terms admission , admitted , alien , lawfully admitted for permanent residence , and national have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Entity \nThe term entity means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. (3) Financial institution \nThe term financial institution includes— (A) a depository institution (as defined in section 3(c)(1) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(c)(1) )), including a branch or agency of a foreign bank (as defined in section 1(b)(7) of the International Banking Act of 1978 ( 12 U.S.C. 3101(7) )); (B) a credit union; (C) a securities firm, including a broker or dealer; (D) an insurance company, including an agency or underwriter; and (E) any other entity that provides financial services. (4) Knowingly; knows \nThe terms knowingly and knows , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (5) Means of production \nThe terms means of production includes any activities or transactions involving any equipment, chemical, product, or material that may be used, directly or indirectly, in the manufacture of illicit drugs or precursor chemicals. (6) Person \nThe term person means an individual or entity. (7) Proliferation of illicit drugs \nThe term proliferation of illicit drugs means any illicit activity to produce, manufacture, distribute, sell, or knowingly finance or transport narcotic drugs, controlled substances, listed chemicals, or controlled substance analogues, as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (8) Sanctioned person \nThe term sanctioned person means any person with respect to which sanctions are imposed under this section. (9) United States financial institution \nThe term United States financial institution means a financial institution (including its foreign branches)— (A) organized under the laws of the United States or of any jurisdiction within the United States; or (B) located in the United States.", "id": "idE71990C0218949AB9002268D02520EE4", "header": "Definitions", "nested": [], "links": [ { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "12 U.S.C. 1813(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/12/1813" }, { "text": "12 U.S.C. 3101(7)", "legal-doc": "usc", "parsable-cite": "usc/12/3101" }, { "text": "21 U.S.C. 802", "legal-doc": "usc", "parsable-cite": "usc/21/802" } ] } ], "links": [ { "text": "50 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1701" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "12 U.S.C. 1813(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/12/1813" }, { "text": "12 U.S.C. 3101(7)", "legal-doc": "usc", "parsable-cite": "usc/12/3101" }, { "text": "21 U.S.C. 802", "legal-doc": "usc", "parsable-cite": "usc/21/802" } ] } ]

[ "Asia", "China", "Congressional oversight", "Drug trafficking and controlled substances", "Foreign and international banking", "Foreign loans and debt", "Foreign property", "Government information and archives", "International monetary system and foreign exchange", "Mexico", "North America", "Organized crime", "Presidents and presidential powers, Vice Presidents", "Public contracts and procurement", "Sanctions", "Smuggling and trafficking", "Visas and passports" ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Federal Information Security Modernization 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. Sec. 3. Amendments to title 44. Sec. 4. Amendments to subtitle III of title 40. Sec. 5. Actions to enhance Federal incident transparency. Sec. 6. Additional guidance to agencies on FISMA updates. Sec. 7. Agency requirements to notify private sector entities impacted by incidents. Sec. 8. Mobile security briefings. Sec. 9. Data and logging retention for incident response. Sec. 10. CISA agency liaisons. Sec. 11. Federal penetration testing policy. Sec. 12. Vulnerability disclosure policies. Sec. 13. Implementing zero trust architecture. Sec. 14. Automation and artificial intelligence. Sec. 15. Extension of chief data officer council. Sec. 16. Council of the inspectors general on integrity and efficiency dashboard. Sec. 17. Security operations center shared service. Sec. 18. Federal cybersecurity requirements. Sec. 19. Federal chief information security officer. Sec. 20. Renaming office of the Federal Chief Information Officer. Sec. 21. Rules of construction.", "id": "idBFD9DC6E9430482082CB4EB8C418DD73", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Federal Information Security Modernization Act of 2023.", "id": "idA61D59480A474292BA52AACE42867C5F", "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. Sec. 3. Amendments to title 44. Sec. 4. Amendments to subtitle III of title 40. Sec. 5. Actions to enhance Federal incident transparency. Sec. 6. Additional guidance to agencies on FISMA updates. Sec. 7. Agency requirements to notify private sector entities impacted by incidents. Sec. 8. Mobile security briefings. Sec. 9. Data and logging retention for incident response. Sec. 10. CISA agency liaisons. Sec. 11. Federal penetration testing policy. Sec. 12. Vulnerability disclosure policies. Sec. 13. Implementing zero trust architecture. Sec. 14. Automation and artificial intelligence. Sec. 15. Extension of chief data officer council. Sec. 16. Council of the inspectors general on integrity and efficiency dashboard. Sec. 17. Security operations center shared service. Sec. 18. Federal cybersecurity requirements. Sec. 19. Federal chief information security officer. Sec. 20. Renaming office of the Federal Chief Information Officer. Sec. 21. Rules of construction.", "id": "idD1BD8F281E9B46CE932A523273D9AE5A", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Definitions \nIn this Act, unless otherwise specified: (1) Agency \nThe term agency has the meaning given the term in section 3502 of title 44, United States Code. (2) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Accountability of the House of Representatives; and (C) the Committee on Homeland Security of the House of Representatives. (3) Awardee \nThe term awardee has the meaning given the term in section 3591 of title 44, United States Code, as added by this Act. (4) Contractor \nThe term contractor has the meaning given the term in section 3591 of title 44, United States Code, as added by this Act. (5) Director \nThe term Director means the Director of the Office of Management and Budget. (6) Federal information system \nThe term Federal information system has the meaning give the term in section 3591 of title 44, United States Code, as added by this Act. (7) Incident \nThe term incident has the meaning given the term in section 3552(b) of title 44, United States Code. (8) National security system \nThe term national security system has the meaning given the term in section 3552(b) of title 44, United States Code. (9) Penetration test \nThe term penetration test has the meaning given the term in section 3552(b) of title 44, United States Code, as amended by this Act. (10) Threat hunting \nThe term threat hunting means proactively and iteratively searching systems for threats and vulnerabilities, including threats or vulnerabilities that may evade detection by automated threat detection systems. (11) Zero trust architecture \nThe term zero trust architecture has the meaning given the term in Special Publication 800–207 of the National Institute of Standards and Technology, or any successor document.", "id": "id3af7e09f637e4aabb7d982ff53563f55", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Amendments to title 44 \n(a) Subchapter I amendments \nSubchapter I of chapter 35 of title 44, United States Code, is amended— (1) in section 3504— (A) in subsection (a)(1)(B)— (i) by striking clause (v) and inserting the following: (v) privacy, confidentiality, disclosure, and sharing of information; ; (ii) by redesignating clause (vi) as clause (vii); and (iii) by inserting after clause (v) the following: (vi) in consultation with the National Cyber Director, security of information; and ; and (B) in subsection (g)— (i) by redesignating paragraph (2) as paragraph (3); and (ii) by striking paragraph (1) and inserting the following: (1) develop and oversee the implementation of policies, principles, standards, and guidelines on privacy, confidentiality, disclosure, and sharing of information collected or maintained by or for agencies; (2) in consultation with the National Cyber Director, oversee the implementation of policies, principles, standards, and guidelines on security, of information collected or maintained by or for agencies; and ; (2) in section 3505— (A) by striking the first subsection designated as subsection (c); (B) in paragraph (2) of the second subsection designated as subsection (c), by inserting an identification of internet accessible information systems and after an inventory under this subsection shall include ; (C) in paragraph (3) of the second subsection designated as subsection (c)— (i) in subparagraph (B)— (I) by inserting the Director of the Cybersecurity and Infrastructure Security Agency, the National Cyber Director, and before the Comptroller General ; and (II) by striking and at the end; (ii) in subparagraph (C)(v), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (D) maintained on a continual basis through the use of automation, machine-readable data, and scanning, wherever practicable. ; (3) in section 3506— (A) in subsection (a)(3), by inserting In carrying out these duties, the Chief Information Officer shall consult, as appropriate, with the Chief Data Officer in accordance with the designated functions under section 3520(c). after reduction of information collection burdens on the public. ; (B) in subsection (b)(1)(C), by inserting availability, after integrity, ; (C) in subsection (h)(3), by inserting security, after efficiency, ; and (D) by adding at the end the following: (j) (1) Nothwithstanding paragraphs (2) and (3) of subsection (a), the head of each agency shall designate a Chief Privacy Officer with the necessary skills, knowledge, and expertise, who shall have the authority and responsibility to— (A) lead the privacy program of the agency; and (B) carry out the privacy responsibilities of the agency under this chapter, section 552a of title 5, and guidance issued by the Director. (2) The Chief Privacy Officer of each agency shall— (A) serve in a central leadership position within the agency; (B) have visibility into relevant agency operations; and (C) be positioned highly enough within the agency to regularly engage with other agency leaders and officials, including the head of the agency. (3) A privacy officer of an agency established under a statute enacted before the date of enactment of the Federal Information Security Modernization Act of 2023 may carry out the responsibilities under this subsection for the agency. ; and (4) in section 3513— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) Each agency providing a written plan under subsection (b) shall provide any portion of the written plan addressing information security to the Secretary of Homeland Security and the National Cyber Director.. (b) Subchapter II definitions \n(1) In general \nSection 3552(b) of title 44, United States Code, is amended— (A) by redesignating paragraphs (2), (3), (4), (5), (6), and (7) as paragraphs (3), (4), (5), (6), (8), and (10), respectively; (B) by inserting after paragraph (1) the following: (2) The term high value asset means information or an information system that the head of an agency, using policies, principles, standards, or guidelines issued by the Director under section 3553(a), determines to be so critical to the agency that the loss or degradation of the confidentiality, integrity, or availability of such information or information system would have a serious impact on the ability of the agency to perform the mission of the agency or conduct business. ; (C) by inserting after paragraph (6), as so redesignated, the following: (7) The term major incident has the meaning given the term in guidance issued by the Director under section 3598(a). ; (D) in paragraph (8)(A), as so redesignated, by striking used and inserting owned, managed, ; (E) by inserting after paragraph (8), as so redesignated, the following: (9) The term penetration test — (A) means an authorized assessment that emulates attempts to gain unauthorized access to, or disrupt the operations of, an information system or component of an information system; and (B) includes any additional meaning given the term in policies, principles, standards, or guidelines issued by the Director under section 3553(a). ; and (F) by inserting after paragraph (10), as so redesignated, the following: (11) The term shared service means a centralized mission capability or consolidated business function that is provided to multiple organizations within an agency or to multiple agencies. (12) The term zero trust architecture has the meaning given the term in Special Publication 800–207 of the National Institute of Standards and Technology, or any successor document.. (2) Conforming amendments \n(A) Homeland Security Act of 2002 \nSection 1001(c)(1)(A) of the Homeland Security Act of 2002 ( 6 U.S.C. 511(c)(1)(A) ) is amended by striking section 3552(b)(5) and inserting section 3552(b). (B) Title 10 \n(i) Section 2222 \nSection 2222(i)(8) of title 10, United States Code, is amended by striking section 3552(b)(6)(A) and inserting section 3552(b)(8)(A). (ii) Section 2223 \nSection 2223(c)(3) of title 10, United States Code, is amended by striking section 3552(b)(6) and inserting section 3552(b). (iii) Section 2315 \nSection 2315 of title 10, United States Code, is amended by striking section 3552(b)(6) and inserting section 3552(b). (iv) Section 2339a \nSection 2339a(e)(5) of title 10, United States Code, is amended by striking section 3552(b)(6) and inserting section 3552(b). (C) High-Performance Computing Act of 1991 \nSection 207(a) of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5527(a) ) is amended by striking section 3552(b)(6)(A)(i) and inserting section 3552(b)(8)(A)(i). (D) Internet of Things Cybersecurity Improvement Act of 2020 \nSection 3(5) of the Internet of Things Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g–3a(5)) is amended by striking section 3552(b)(6) and inserting section 3552(b). (E) National Defense Authorization Act for fiscal Year 2013 \nSection 933(e)(1)(B) of the National Defense Authorization Act for Fiscal Year 2013 ( 10 U.S.C. 2224 note) is amended by striking section 3542(b)(2) and inserting section 3552(b). (F) Ike Skelton National Defense Authorization Act for Fiscal Year 2011 \nThe Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ) is amended— (i) in section 806(e)(5) ( 10 U.S.C. 2304 note), by striking section 3542(b) and inserting section 3552(b) ; (ii) in section 931(b)(3) ( 10 U.S.C. 2223 note), by striking section 3542(b)(2) and inserting section 3552(b) ; and (iii) in section 932(b)(2) ( 10 U.S.C. 2224 note), by striking section 3542(b)(2) and inserting section 3552(b). (G) E-Government Act of 2002 \nSection 301(c)(1)(A) of the E-Government Act of 2002 ( 44 U.S.C. 3501 note) is amended by striking section 3542(b)(2) and inserting section 3552(b). (H) National Institute of Standards and Technology Act \nSection 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ) is amended— (i) in subsection (a)(2), by striking section 3552(b)(5) and inserting section 3552(b) ; and (ii) in subsection (f)— (I) in paragraph (3), by striking section 3532(1) and inserting section 3552(b) ; and (II) in paragraph (5), by striking section 3532(b)(2) and inserting section 3552(b). (c) Subchapter II amendments \nSubchapter II of chapter 35 of title 44, United States Code, is amended— (1) in section 3551— (A) in paragraph (4), by striking diagnose and improve and inserting integrate, deliver, diagnose, and improve ; (B) in paragraph (5), by striking and at the end; (C) in paragraph (6), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (7) recognize that each agency has specific mission requirements and, at times, unique cybersecurity requirements to meet the mission of the agency; (8) recognize that each agency does not have the same resources to secure agency systems, and an agency should not be expected to have the capability to secure the systems of the agency from advanced adversaries alone; and (9) recognize that a holistic Federal cybersecurity model is necessary to account for differences between the missions and capabilities of agencies. ; (2) in section 3553— (A) in subsection (a)— (i) in paragraph (5), by striking and at the end; (ii) in paragraph (6), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (7) promoting, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, the National Cyber Director, and the Director of the National Institute of Standards and Technology— (A) the use of automation to improve Federal cybersecurity and visibility with respect to the implementation of Federal cybersecurity; and (B) the use of presumption of compromise and least privilege principles, such as zero trust architecture, to improve resiliency and timely response actions to incidents on Federal systems. ; (B) in subsection (b)— (i) in the matter preceding paragraph (1), by inserting and the National Cyber Director after Director ; (ii) in paragraph (2)(A), by inserting and reporting requirements under subchapter IV of this chapter after section 3556 ; (iii) by redesignating paragraphs (8) and (9) as paragraphs (10) and (11), respectively; and (iv) by inserting after paragraph (7) the following: (8) expeditiously seeking opportunities to reduce costs, administrative burdens, and other barriers to information technology security and modernization for agencies, including through shared services for cybersecurity capabilities identified as appropriate by the Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency and other agencies as appropriate; ; (C) in subsection (c)— (i) in the matter preceding paragraph (1)— (I) by striking each year and inserting each year during which agencies are required to submit reports under section 3554(c) ; (II) by inserting , which shall be unclassified but may include 1 or more annexes that contain classified or other sensitive information, as appropriate after a report ; and (III) by striking preceding year and inserting preceding 2 years ; (ii) by striking paragraph (1); (iii) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (iv) in paragraph (3), as so redesignated, by striking and at the end; and (v) by inserting after paragraph (3), as so redesignated, the following: (4) a summary of the risks and trends identified in the Federal risk assessment required under subsection (i); and ; (D) in subsection (h)— (i) in paragraph (2)— (I) in subparagraph (A), by inserting and the National Cyber Director after in coordination with the Director ; and (II) in subparagraph (D), by inserting , the National Cyber Director, after notify the Director ; and (ii) in paragraph (3)(A)(iv), by inserting , the National Cyber Director, after the Secretary provides prior notice to the Director ; (E) by amending subsection (i) to read as follows: (i) Federal risk assessment \nOn an ongoing and continuous basis, the Director of the Cybersecurity and Infrastructure Security Agency shall assess the Federal risk posture using any available information on the cybersecurity posture of agencies, and brief the Director and National Cyber Director on the findings of such assessment, including— (1) the status of agency cybersecurity remedial actions for high value assets described in section 3554(b)(7); (2) any vulnerability information relating to the systems of an agency that is known by the agency; (3) analysis of incident information under section 3597; (4) evaluation of penetration testing performed under section 3559A; (5) evaluation of vulnerability disclosure program information under section 3559B; (6) evaluation of agency threat hunting results; (7) evaluation of Federal and non-Federal cyber threat intelligence; (8) data on agency compliance with standards issued under section 11331 of title 40; (9) agency system risk assessments required under section 3554(a)(1)(A); (10) relevant reports from inspectors general of agencies and the Government Accountability Office; and (11) any other information the Director of the Cybersecurity and Infrastructure Security Agency determines relevant. ; and (F) by adding at the end the following: (m) Directives \n(1) Emergency directive updates \nIf the Secretary issues an emergency directive under this section, the Director of the Cybersecurity and Infrastructure Security Agency shall submit to the Director, the National Cyber Director, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees on Oversight and Accountability and Homeland Security of the House of Representatives an update on the status of the implementation of the emergency directive at agencies not later than 7 days after the date on which the emergency directive requires an agency to complete a requirement specified by the emergency directive, and every 30 days thereafter until— (A) the date on which every agency has fully implemented the emergency directive; (B) the Secretary determines that an emergency directive no longer requires active reporting from agencies or additional implementation; or (C) the date that is 1 year after the issuance of the directive. (2) Binding operational directive updates \nIf the Secretary issues a binding operational directive under this section, the Director of the Cybersecurity and Infrastructure Security Agency shall submit to the Director, the National Cyber Director, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees on Oversight and Accountability and Homeland Security of the House of Representatives an update on the status of the implementation of the binding operational directive at agencies not later than 30 days after the issuance of the binding operational directive, and every 90 days thereafter until— (A) the date on which every agency has fully implemented the binding operational directive; (B) the Secretary determines that a binding operational directive no longer requires active reporting from agencies or additional implementation; or (C) the date that is 1 year after the issuance or substantive update of the directive. (3) Report \nIf the Director of the Cybersecurity and Infrastructure Security Agency ceases submitting updates required under paragraphs (1) or (2) on the date described in paragraph (1)(C) or (2)(C), the Director of the Cybersecurity and Infrastructure Security Agency shall submit to the Director, the National Cyber Director, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees on Oversight and Accountability and Homeland Security of the House of Representatives a list of every agency that, at the time of the report— (A) has not completed a requirement specified by an emergency directive; or (B) has not implemented a binding operational directive. (n) Review of Office of Management and Budget guidance and policy \n(1) Conduct of review \nNot less frequently than once every 3 years, the Director of the Office of Management and Budget shall review the efficacy of the guidance and policy promulgated by the Director in reducing cybersecurity risks, including a consideration of reporting and compliance burden on agencies. (2) Congressional notification \nThe Director of the Office of Management and Budget shall notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives of changes to guidance or policy resulting from the review under paragraph (1). (3) GAO review \nThe Government Accountability Office shall review guidance and policy promulgated by the Director to assess its efficacy in risk reduction and burden on agencies. (o) Automated standard implementation verification \nWhen the Director of the National Institute of Standards and Technology issues a proposed standard or guideline pursuant to paragraphs (2) or (3) of section 20(a) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3(a) ), the Director of the National Institute of Standards and Technology shall consider developing and, if appropriate and practical, develop specifications to enable the automated verification of the implementation of the controls. (p) Inspectors general access to federal risk assessments \nThe Director of the Cybersecurity and Infrastructure Security Agency shall, upon request, make available Federal risk assessment information under subsection (i) to the Inspector General of the Department of Homeland Security and the inspector general of any agency that was included in the Federal risk assessment. ; (3) in section 3554— (A) in subsection (a)— (i) in paragraph (1)— (I) by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively; (II) by inserting before subparagraph (B), as so redesignated, the following: (A) on an ongoing and continuous basis, assessing agency system risk, as applicable, by— (i) identifying and documenting the high value assets of the agency using guidance from the Director; (ii) evaluating the data assets inventoried under section 3511 for sensitivity to compromises in confidentiality, integrity, and availability; (iii) identifying whether the agency is participating in federally offered cybersecurity shared services programs; (iv) identifying agency systems that have access to or hold the data assets inventoried under section 3511; (v) evaluating the threats facing agency systems and data, including high value assets, based on Federal and non-Federal cyber threat intelligence products, where available; (vi) evaluating the vulnerability of agency systems and data, including high value assets, including by analyzing— (I) the results of penetration testing performed by the Department of Homeland Security under section 3553(b)(9); (II) the results of penetration testing performed under section 3559A; (III) information provided to the agency through the vulnerability disclosure program of the agency under section 3559B; (IV) incidents; and (V) any other vulnerability information relating to agency systems that is known to the agency; (vii) assessing the impacts of potential agency incidents to agency systems, data, and operations based on the evaluations described in clauses (ii) and (v) and the agency systems identified under clause (iv); and (viii) assessing the consequences of potential incidents occurring on agency systems that would impact systems at other agencies, including due to interconnectivity between different agency systems or operational reliance on the operations of the system or data in the system; ; (III) in subparagraph (B), as so redesignated, in the matter preceding clause (i), by striking providing information and inserting using information from the assessment required under subparagraph (A), providing information ; (IV) in subparagraph (C), as so redesignated— (aa) in clause (ii) by inserting binding before operational ; and (bb) in clause (vi), by striking and at the end; and (V) by adding at the end the following: (E) providing an update on the ongoing and continuous assessment required under subparagraph (A)— (i) upon request, to the inspector general of the agency or the Comptroller General of the United States; and (ii) at intervals determined by guidance issued by the Director, and to the extent appropriate and practicable using automation, to— (I) the Director; (II) the Director of the Cybersecurity and Infrastructure Security Agency; and (III) the National Cyber Director; ; (ii) in paragraph (2)— (I) in subparagraph (A), by inserting in accordance with the agency system risk assessment required under paragraph (1)(A) after information systems ; (II) in subparagraph (D), by inserting , through the use of penetration testing, the vulnerability disclosure program established under section 3559B, and other means, after periodically ; (iii) in paragraph (3)(A)— (I) in the matter preceding clause (i), by striking senior agency information security officer and inserting Chief Information Security Officer ; (II) in clause (i), by striking this section and inserting subsections (a) through (c) ; (III) in clause (ii), by striking training and and inserting skills, training, and ; (IV) by redesignating clauses (iii) and (iv) as (iv) and (v), respectively; (V) by inserting after clause (ii) the following: (iii) manage information security, cybersecurity budgets, and risk and compliance activities and explain those concepts to the head of the agency and the executive team of the agency; ; and (VI) in clause (iv), as so redesignated, by striking information security duties as that official's primary duty and inserting information, computer network, and technology security duties as the Chief Information Security Officers' primary duty ; (iv) in paragraph (5), by striking annually and inserting not less frequently than quarterly ; and (v) in paragraph (6), by striking official delegated and inserting Chief Information Security Officer delegated ; and (B) in subsection (b)— (i) by striking paragraph (1) and inserting the following: (1) the ongoing and continuous assessment of agency system risk required under subsection (a)(1)(A), which may include using guidance and automated tools consistent with standards and guidelines promulgated under section 11331 of title 40, as applicable; ; (ii) in paragraph (2)— (I) by striking subparagraph (B); (II) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; (III) in subparagraph (B), as so redesignated, by striking and at the end; and (IV) in subparagraph (C), as so redesignated— (aa) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (bb) by inserting after clause (ii) the following: (iii) binding operational directives and emergency directives issued by the Secretary under section 3553; ; and (cc) in clause (iv), as so redesignated, by striking as determined by the agency; and and inserting “as determined by the agency, considering the agency risk assessment required under subsection (a)(1)(A); (iii) in paragraph (5)(A), by inserting , including penetration testing, as appropriate, after shall include testing ; (iv) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; (v) by inserting after paragraph (6) the following: (7) a secure process for providing the status of every remedial action and unremediated identified system vulnerability of a high value asset to the Director and the Director of the Cybersecurity and Infrastructure Security Agency, using automation and machine-readable data to the greatest extent practicable; ; and (vi) in paragraph (8)(C), as so redesignated— (I) by striking clause (ii) and inserting the following: (ii) notifying and consulting with the Federal information security incident center established under section 3556 pursuant to the requirements of section 3594; ; (II) by redesignating clause (iii) as clause (iv); (III) by inserting after clause (ii) the following: (iii) performing the notifications and other activities required under subchapter IV of this chapter; and ; and (IV) in clause (iv), as so redesignated— (aa) in subclause (II), by adding and at the end; (bb) by striking subclause (III); and (cc) by redesignating subclause (IV) as subclause (III); and (C) in subsection (c)— (i) by redesignating paragraph (2) as paragraph (5); (ii) by striking paragraph (1) and inserting the following: (1) Biennial report \nNot later than 2 years after the date of enactment of the Federal Information Security Modernization Act of 2023 and not less frequently than once every 2 years thereafter, using the continuous and ongoing agency system risk assessment required under subsection (a)(1)(A), the head of each agency shall submit to the Director, the National Cyber Director, the Director of the Cybersecurity and Infrastructure Security Agency, the Comptroller General of the United States, the majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Accountability of the House of Representatives, the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the appropriate authorization and appropriations committees of Congress a report that— (A) summarizes the agency system risk assessment required under subsection (a)(1)(A); (B) evaluates the adequacy and effectiveness of information security policies, procedures, and practices of the agency to address the risks identified in the agency system risk assessment required under subsection (a)(1)(A), including an analysis of the agency’s cybersecurity and incident response capabilities using the metrics established under section 224(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1522(c) ); and (C) summarizes the status of remedial actions identified by inspector general of the agency, the Comptroller General of the United States, and any other source determined appropriate by the head of the agency. (2) Unclassified reports \nEach report submitted under paragraph (1)— (A) shall be, to the greatest extent practicable, in an unclassified and otherwise uncontrolled form; and (B) may include 1 or more annexes that contain classified or other sensitive information, as appropriate. (3) Briefings \nDuring each year during which a report is not required to be submitted under paragraph (1), the Director shall provide to the congressional committees described in paragraph (1) a briefing summarizing current agency and Federal risk postures. ; and (iii) in paragraph (5), as so redesignated, by striking the period at the end and inserting , including the reporting procedures established under section 11315(d) of title 40 and subsection (a)(3)(A)(v) of this section ; (4) in section 3555— (A) in the section heading, by striking Annual independent and inserting Independent ; (B) in subsection (a)— (i) in paragraph (1), by inserting during which a report is required to be submitted under section 3553(c), after Each year ; (ii) in paragraph (2)(A), by inserting , including by performing, or reviewing the results of, agency penetration testing and analyzing the vulnerability disclosure program of the agency after information systems ; and (iii) by adding at the end the following: (3) An evaluation under this section may include recommendations for improving the cybersecurity posture of the agency. ; (C) in subsection (b)(1), by striking annual ; (D) in subsection (e)(1), by inserting during which a report is required to be submitted under section 3553(c) after Each year ; (E) in subsection (g)(2)— (i) by striking this subsection shall and inserting “this subsection— (A) shall ; (ii) in subparagraph (A), as so designated, by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (B) identify any entity that performs an independent evaluation under subsection (b). ; and (F) by striking subsection (j) and inserting the following: (j) Guidance \n(1) In general \nThe Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, the Chief Information Officers Council, the Council of the Inspectors General on Integrity and Efficiency, and other interested parties as appropriate, shall ensure the development of risk-based guidance for evaluating the effectiveness of an information security program and practices. (2) Priorities \nThe risk-based guidance developed under paragraph (1) shall include— (A) the identification of the most common successful threat patterns; (B) the identification of security controls that address the threat patterns described in subparagraph (A); (C) any other security risks unique to Federal systems; and (D) any other element the Director determines appropriate. ; and (5) in section 3556(a)— (A) in the matter preceding paragraph (1), by inserting within the Cybersecurity and Infrastructure Security Agency after incident center ; and (B) in paragraph (4), by striking 3554(b) and inserting 3554(a)(1)(A). (d) Conforming amendments \n(1) Table of sections \nThe table of sections for chapter 35 of title 44, United States Code, is amended by striking the item relating to section 3555 and inserting the following: 3555. Independent evaluation.. (2) OMB reports \nSection 226(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1524(c) ) is amended— (A) in paragraph (1)(B), in the matter preceding clause (i), by striking annually thereafter and inserting thereafter during the years during which a report is required to be submitted under section 3553(c) of title 44, United States Code ; and (B) in paragraph (2)(B), in the matter preceding clause (i)— (i) by striking annually thereafter and inserting thereafter during the years during which a report is required to be submitted under section 3553(c) of title 44, United States Code ; and (ii) by striking the report required under section 3553(c) of title 44, United States Code and inserting that report. (3) NIST responsibilities \nSection 20(d)(3)(B) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3(d)(3)(B) ) is amended by striking annual. (e) Federal system incident response \n(1) In general \nChapter 35 of title 44, United States Code, is amended by adding at the end the following: IV Federal system incident response \n3591. Definitions \n(a) In general \nExcept as provided in subsection (b), the definitions under sections 3502 and 3552 shall apply to this subchapter. (b) Additional definitions \nAs used in this subchapter: (1) Appropriate reporting entities \nThe term appropriate reporting entities means— (A) the majority and minority leaders of the Senate; (B) the Speaker and minority leader of the House of Representatives; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Commerce, Science, and Transportation of the Senate; (E) the Committee on Oversight and Accountability of the House of Representatives; (F) the Committee on Homeland Security of the House of Representatives; (G) the Committee on Science, Space, and Technology of the House of Representatives; (H) the appropriate authorization and appropriations committees of Congress; (I) the Director; (J) the Director of the Cybersecurity and Infrastructure Security Agency; (K) the National Cyber Director; (L) the Comptroller General of the United States; and (M) the inspector general of any impacted agency. (2) Awardee \nThe term awardee , with respect to an agency— (A) means— (i) the recipient of a grant from an agency; (ii) a party to a cooperative agreement with an agency; and (iii) a party to an other transaction agreement with an agency; and (B) includes a subawardee of an entity described in subparagraph (A). (3) Breach \nThe term breach — (A) means the compromise, unauthorized disclosure, unauthorized acquisition, or loss of control of personally identifiable information or any similar occurrence; and (B) includes any additional meaning given the term in policies, principles, standards, or guidelines issued by the Director. (4) Contractor \nThe term contractor means a prime contractor of an agency or a subcontractor of a prime contractor of an agency that creates, collects, stores, processes, maintains, or transmits Federal information on behalf of an agency. (5) Federal information \nThe term Federal information means information created, collected, processed, maintained, disseminated, disclosed, or disposed of by or for the Federal Government in any medium or form. (6) Federal information system \nThe term Federal information system means an information system owned, managed, or operated by an agency, or on behalf of an agency by a contractor, an awardee, or another organization. (7) Intelligence community \nThe term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (8) Nationwide consumer reporting agency \nThe term nationwide consumer reporting agency means a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(p) ). (9) Vulnerability disclosure \nThe term vulnerability disclosure means a vulnerability identified under section 3559B. 3592. Notification of breach \n(a) Definition \nIn this section, the term covered breach means a breach— (1) involving not less than 50,000 potentially affected individuals; or (2) the result of which the head of an agency determines that notifying potentially affected individuals is necessary pursuant to subsection (b)(1), regardless of whether— (A) the number of potentially affected individuals is less than 50,000; or (B) the notification is delayed under subsection (d). (b) Notification \nAs expeditiously as practicable and without unreasonable delay, and in any case not later than 45 days after an agency has a reasonable basis to conclude that a breach has occurred, the head of the agency, in consultation with the Chief Information Officer and Chief Privacy Officer of the agency, shall— (1) determine whether notice to any individual potentially affected by the breach is appropriate, including by conducting an assessment of the risk of harm to the individual that considers— (A) the nature and sensitivity of the personally identifiable information affected by the breach; (B) the likelihood of access to and use of the personally identifiable information affected by the breach; (C) the type of breach; and (D) any other factors determined by the Director; and (2) if the head of the agency determines notification is necessary pursuant to paragraph (1), provide written notification in accordance with subsection (c) to each individual potentially affected by the breach— (A) to the last known mailing address of the individual; or (B) through an appropriate alternative method of notification. (c) Contents of notification \nEach notification of a breach provided to an individual under subsection (b)(2) shall include, to the maximum extent practicable— (1) a brief description of the breach; (2) if possible, a description of the types of personally identifiable information affected by the breach; (3) contact information of the agency that may be used to ask questions of the agency, which— (A) shall include an e-mail address or another digital contact mechanism; and (B) may include a telephone number, mailing address, or a website; (4) information on any remedy being offered by the agency; (5) any applicable educational materials relating to what individuals can do in response to a breach that potentially affects their personally identifiable information, including relevant contact information for the appropriate Federal law enforcement agencies and each nationwide consumer reporting agency; and (6) any other appropriate information, as determined by the head of the agency or established in guidance by the Director. (d) Delay of notification \n(1) In general \nThe head of an agency, in coordination with the Director and the National Cyber Director, and as appropriate, the Attorney General, the Director of National Intelligence, or the Secretary of Homeland Security, may delay a notification required under subsection (b) or (e) if the notification would— (A) impede a criminal investigation or a national security activity; (B) cause an adverse result (as described in section 2705(a)(2) of title 18); (C) reveal sensitive sources and methods; (D) cause damage to national security; or (E) hamper security remediation actions. (2) Renewal \nA delay under paragraph (1) shall be for a period of 60 days and may be renewed. (3) National security systems \nThe head of an agency delaying notification under this subsection with respect to a breach exclusively of a national security system shall coordinate such delay with the Secretary of Defense. (e) Update notification \nIf an agency determines there is a significant change in the reasonable basis to conclude that a breach occurred, a significant change to the determination made under subsection (b)(1), or that it is necessary to update the details of the information provided to potentially affected individuals as described in subsection (c), the agency shall as expeditiously as practicable and without unreasonable delay, and in any case not later than 30 days after such a determination, notify each individual who received a notification pursuant to subsection (b) of those changes. (f) Delay of notification report \n(1) In general \nNot later than 1 year after the date of enactment of the Federal Information Security Modernization Act of 2023 , and annually thereafter, the head of an agency, in coordination with any official who delays a notification under subsection (d), shall submit to the appropriate reporting entities a report on each delay that occurred during the previous 2 years. (2) Component of other report \nThe head of an agency may submit the report required under paragraph (1) as a component of the report submitted under section 3554(c). (g) Congressional reporting requirements \n(1) Review and update \nOn a periodic basis, the Director of the Office of Management and Budget shall review, and update as appropriate, breach notification policies and guidelines for agencies. (2) Required notice from agencies \nSubject to paragraph (4), the Director of the Office of Management and Budget shall require the head of an agency affected by a covered breach to expeditiously and not later than 30 days after the date on which the agency discovers the covered breach give notice of the breach, which may be provided electronically, to— (A) each congressional committee described in section 3554(c)(1); and (B) the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (3) Contents of notice \nNotice of a covered breach provided by the head of an agency pursuant to paragraph (2) shall include, to the extent practicable— (A) information about the covered breach, including a summary of any information about how the covered breach occurred known by the agency as of the date of the notice; (B) an estimate of the number of individuals affected by covered the breach based on information known by the agency as of the date of the notice, including an assessment of the risk of harm to affected individuals; (C) a description of any circumstances necessitating a delay in providing notice to individuals affected by the covered breach in accordance with subsection (d); and (D) an estimate of when the agency will provide notice to individuals affected by the covered breach, if applicable. (4) Exception \nAny agency that is required to provide notice to Congress pursuant to paragraph (2) due to a covered breach exclusively on a national security system shall only provide such notice to— (A) the majority and minority leaders of the Senate; (B) the Speaker and minority leader of the House of Representatives; (C) the appropriations committees of Congress; (D) the Committee on Homeland Security and Governmental Affairs of the Senate; (E) the Select Committee on Intelligence of the Senate; (F) the Committee on Oversight and Accountability of the House of Representatives; and (G) the Permanent Select Committee on Intelligence of the House of Representatives. (5) Rule of construction \nNothing in paragraphs (1) through (3) shall be construed to alter any authority of an agency. (h) Rule of construction \nNothing in this section shall be construed to— (1) limit— (A) the authority of the Director to issue guidance relating to notifications of, or the head of an agency to notify individuals potentially affected by, breaches that are not determined to be covered breaches or major incidents; (B) the authority of the Director to issue guidance relating to notifications and reporting of breaches, covered breaches, or major incidents; (C) the authority of the head of an agency to provide more information than required under subsection (b) when notifying individuals potentially affected by a breach; (D) the timing of incident reporting or the types of information included in incident reports provided, pursuant to this subchapter, to— (i) the Director; (ii) the National Cyber Director; (iii) the Director of the Cybersecurity and Infrastructure Security Agency; or (iv) any other agency; (E) the authority of the head of an agency to provide information to Congress about agency breaches, including— (i) breaches that are not covered breaches; and (ii) additional information beyond the information described in subsection (g)(3); or (F) any Congressional reporting requirements of agencies under any other law; or (2) limit or supersede any existing privacy protections in existing law. 3593. Congressional and Executive Branch reports on major incidents \n(a) Appropriate congressional entities \nIn this section, the term appropriate congressional entities means— (1) the majority and minority leaders of the Senate; (2) the Speaker and minority leader of the House of Representatives; (3) the Committee on Homeland Security and Governmental Affairs of the Senate; (4) the Committee on Commerce, Science, and Transportation of the Senate; (5) the Committee on Oversight and Accountability of the House of Representatives; (6) the Committee on Homeland Security of the House of Representatives; (7) the Committee on Science, Space, and Technology of the House of Representatives; and (8) the appropriate authorization and appropriations committees of Congress (b) Initial notification \n(1) In general \nNot later than 72 hours after an agency has a reasonable basis to conclude that a major incident occurred, the head of the agency impacted by the major incident shall submit to the appropriate reporting entities a written notification, which may be submitted electronically and include 1 or more annexes that contain classified or other sensitive information, as appropriate. (2) Contents \nA notification required under paragraph (1) with respect to a major incident shall include the following, based on information available to agency officials as of the date on which the agency submits the notification: (A) A summary of the information available about the major incident, including how the major incident occurred and the threat causing the major incident. (B) If applicable, information relating to any breach associated with the major incident, regardless of whether— (i) the breach was the reason the incident was determined to be a major incident; and (ii) head of the agency determined it was appropriate to provide notification to potentially impacted individuals pursuant to section 3592(b)(1). (C) A preliminary assessment of the impacts to— (i) the agency; (ii) the Federal Government; (iii) the national security, foreign relations, homeland security, and economic security of the United States; and (iv) the civil liberties, public confidence, privacy, and public health and safety of the people of the United States. (D) If applicable, whether any ransom has been demanded or paid, or is expected to be paid, by any entity operating a Federal information system or with access to Federal information or a Federal information system, including, as available, the name of the entity demanding ransom, the date of the demand, and the amount and type of currency demanded, unless disclosure of such information will disrupt an active Federal law enforcement or national security operation. (c) Supplemental update \nWithin a reasonable amount of time, but not later than 30 days after the date on which the head of an agency submits a written notification under subsection (a), the head of the agency shall provide to the appropriate congressional entities an unclassified and written update, which may include 1 or more annexes that contain classified or other sensitive information, as appropriate, on the major incident, based on information available to agency officials as of the date on which the agency provides the update, on— (1) system vulnerabilities relating to the major incident, where applicable, means by which the major incident occurred, the threat causing the major incident, where applicable, and impacts of the major incident to— (A) the agency; (B) other Federal agencies, Congress, or the judicial branch; (C) the national security, foreign relations, homeland security, or economic security of the United States; or (D) the civil liberties, public confidence, privacy, or public health and safety of the people of the United States; (2) the status of compliance of the affected Federal information system with applicable security requirements at the time of the major incident; (3) if the major incident involved a breach, a description of the affected information, an estimate of the number of individuals potentially impacted, and any assessment to the risk of harm to such individuals; (4) an update to the assessment of the risk to agency operations, or to impacts on other agency or non-Federal entity operations, affected by the major incident; and (5) the detection, response, and remediation actions of the agency, including any support provided by the Cybersecurity and Infrastructure Security Agency under section 3594(d), if applicable. (d) Additional update \nIf the head of an agency, the Director, or the National Cyber Director determines that there is any significant change in the understanding of the scope, scale, or consequence of a major incident for which the head of the agency submitted a written notification and update under subsections (b) and (c), the head of the agency shall submit to the appropriate congressional entities a written update that includes information relating to the change in understanding. (e) Biennial report \nEach agency shall submit as part of the biennial report required under section 3554(c)(1) a description of each major incident that occurred during the 2-year period preceding the date on which the biennial report is submitted. (f) Report delivery \n(1) In general \nAny written notification or update required to be submitted under this section— (A) shall be submitted in an electronic format; and (B) may be submitted in a paper format. (2) Classification status \nAny written notification or update required to be submitted under this section— (A) shall be— (i) unclassified; and (ii) submitted through unclassified electronic means pursuant to paragraph (1)(A); and (B) may include classified annexes, as appropriate. (g) Report consistency \nTo achieve consistent and coherent agency reporting to Congress, the National Cyber Director, in coordination with the Director, shall— (1) provide recommendations to agencies on formatting and the contents of information to be included in the reports required under this section, including recommendations for consistent formats for presenting any associated metrics; and (2) maintain a comprehensive record of each major incident notification, update, and briefing provided under this section, which shall— (A) include, at a minimum— (i) the full contents of the written notification or update; (ii) the identity of the reporting agency; and (iii) the date of submission; and (iv) a list of the recipient congressional entities; and (B) be made available upon request to the majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Accountability of the House of Representatives. (h) National security systems congressional reporting exemption \nWith respect to a major incident that occurs exclusively on a national security system, the head of the affected agency shall submit the notifications and reports required to be submitted to Congress under this section only to— (1) the majority and minority leaders of the Senate; (2) the Speaker and minority leader of the House of Representatives; (3) the appropriations committees of Congress; (4) the appropriate authorization committees of Congress; (5) the Committee on Homeland Security and Governmental Affairs of the Senate; (6) the Select Committee on Intelligence of the Senate; (7) the Committee on Oversight and Accountability of the House of Representatives; and (8) the Permanent Select Committee on Intelligence of the House of Representatives. (i) Major incidents including breaches \nIf a major incident constitutes a covered breach, as defined in section 3592(a), information on the covered breach required to be submitted to Congress pursuant to section 3592(g) may— (1) be included in the notifications required under subsection (b) or (c); or (2) be reported to Congress under the process established under section 3592(g). (j) Rule of construction \nNothing in this section shall be construed to— (1) limit— (A) the ability of an agency to provide additional reports or briefings to Congress; (B) Congress from requesting additional information from agencies through reports, briefings, or other means; (C) any congressional reporting requirements of agencies under any other law; or (2) limit or supersede any privacy protections under any other law. 3594. Government information sharing and incident response \n(a) In general \n(1) Incident sharing \nSubject to paragraph (4) and subsection (b), and in accordance with the applicable requirements pursuant to section 3553(b)(2)(A) for reporting to the Federal information security incident center established under section 3556, the head of each agency shall provide to the Cybersecurity and Infrastructure Security Agency information relating to any incident affecting the agency, whether the information is obtained by the Federal Government directly or indirectly. (2) Contents \nA provision of information relating to an incident made by the head of an agency under paragraph (1) shall include, at a minimum— (A) a full description of the incident, including— (i) all indicators of compromise and tactics, techniques, and procedures; (ii) an indicator of how the intruder gained initial access, accessed agency data or systems, and undertook additional actions on the network of the agency; and (iii) information that would support enabling defensive measures; and (iv) other information that may assist in identifying other victims; (B) information to help prevent similar incidents, such as information about relevant safeguards in place when the incident occurred and the effectiveness of those safeguards; and (C) information to aid in incident response, such as— (i) a description of the affected systems or networks; (ii) the estimated dates of when the incident occurred; and (iii) information that could reasonably help identify any malicious actor that may have conducted or caused the incident, subject to appropriate privacy protections. (3) Information sharing \nThe Director of the Cybersecurity and Infrastructure Security Agency shall— (A) make incident information provided under paragraph (1) available to the Director and the National Cyber Director; (B) to the greatest extent practicable, share information relating to an incident with— (i) the head of any agency that may be— (I) impacted by the incident; (II) particularly susceptible to the incident; or (III) similarly targeted by the incident; and (ii) appropriate Federal law enforcement agencies to facilitate any necessary threat response activities, as requested; (C) coordinate any necessary information sharing efforts relating to a major incident with the private sector; and (D) notify the National Cyber Director of any efforts described in subparagraph (C). (4) National security systems exemption \n(A) In general \nNotwithstanding paragraphs (1) and (3), each agency operating or exercising control of a national security system shall share information about an incident that occurs exclusively on a national security system with the Secretary of Defense, the Director, the National Cyber Director, and the Director of the Cybersecurity and Infrastructure Security Agency to the extent consistent with standards and guidelines for national security systems issued in accordance with law and as directed by the President. (B) Protections \nAny information sharing and handling of information under this paragraph shall be appropriately protected consistent with procedures authorized for the protection of sensitive sources and methods or by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy. (b) Automation \nIn providing information and selecting a method to provide information under subsection (a), the head of each agency shall implement subsection (a)(1) in a manner that provides such information to the Cybersecurity and Infrastructure Security Agency in an automated and machine-readable format, to the greatest extent practicable. (c) Incident response \nEach agency that has a reasonable basis to suspect or conclude that a major incident occurred involving Federal information in electronic medium or form that does not exclusively involve a national security system shall coordinate with— (1) the Cybersecurity and Infrastructure Security Agency to facilitate asset response activities and provide recommendations for mitigating future incidents; and (2) consistent with relevant policies, appropriate Federal law enforcement agencies to facilitate threat response activities. 3595. Responsibilities of contractors and awardees \n(a) Reporting \n(1) In general \nAny contractor or awardee of an agency shall report to the agency if the contractor or awardee has a reasonable basis to conclude that— (A) an incident or breach has occurred with respect to Federal information the contractor or awardee collected, used, or maintained on behalf of an agency; (B) an incident or breach has occurred with respect to a Federal information system used, operated, managed, or maintained on behalf of an agency by the contractor or awardee; (C) a component of any Federal information system operated, managed, or maintained by a contractor or awardee contains a security vulnerability, including a supply chain compromise or an identified software or hardware vulnerability, for which there is reliable evidence of attempted or successful exploitation of the vulnerability by an actor without authorization of the Federal information system owner; or (D) the contractor or awardee has received personally identifiable information, personal health information, or other clearly sensitive information that is beyond the scope of the contract or agreement with the agency from the agency that the contractor or awardee is not authorized to receive. (2) Third-party reports of vulnerabilities \nSubject to the guidance issued by the Director pursuant to paragraph (4), any contractor or awardee of an agency shall report to the agency and the Cybersecurity and Infrastructure Security Agency if the contractor or awardee has a reasonable basis to suspect or conclude that a component of any Federal information system operated, managed, or maintained on behalf of an agency by the contractor or awardee on behalf of the agency contains a security vulnerability, including a supply chain compromise or an identified software or hardware vulnerability, that has been reported to the contractor or awardee by a third party, including through a vulnerability disclosure program. (3) Procedures \n(A) Sharing with CISA \nAs soon as practicable following a report of an incident to an agency by a contractor or awardee under paragraph (1), the head of the agency shall provide, pursuant to section 3594, information about the incident to the Director of the Cybersecurity and Infrastructure Security Agency. (B) Time for reporting \nUnless a different time for reporting is specified in a contract, grant, cooperative agreement, or other transaction agreement, a contractor or awardee shall— (i) make a report required under paragraph (1) not later than 1 day after the date on which the contractor or awardee has reasonable basis to suspect or conclude that the criteria under paragraph (1) have been met; and (ii) make a report required under paragraph (2) within a reasonable time, but not later than 90 days after the date on which the contractor or awardee has reasonable basis to suspect or conclude that the criteria under paragraph (2) have been met. (C) Procedures \nFollowing a report of a breach or incident to an agency by a contractor or awardee under paragraph (1), the head of the agency, in consultation with the contractor or awardee, shall carry out the applicable requirements under sections 3592, 3593, and 3594 with respect to the breach or incident. (D) Rule of construction \nNothing in subparagraph (B) shall be construed to allow the negation of the requirements to report vulnerabilities under paragraph (1) or (2) through a contract, grant, cooperative agreement, or other transaction agreement. (4) Guidance \nThe Director shall issue guidance to agencies relating to the scope of vulnerabilities to be reported under paragraph (2), such as the minimum severity of a vulnerability required to be reported or whether vulnerabilities that are already publicly disclosed must be reported. (b) Regulations; modifications \n(1) In general \nNot later than 1 year after the date of enactment of the Federal Information Security Modernization Act of 2023 — (A) the Federal Acquisition Regulatory Council shall promulgate regulations, as appropriate, relating to the responsibilities of contractors and recipients of other transaction agreements and cooperative agreements to comply with this section; and (B) the Office of Federal Financial Management shall promulgate regulations under title 2, Code Federal Regulations, as appropriate, relating to the responsibilities of grantees to comply with this section. (2) Implementation \nNot later than 1 year after the date on which the Federal Acquisition Regulatory Council and the Office of Federal Financial Management promulgates regulations under paragraph (1), the head of each agency shall implement policies and procedures, as appropriate, necessary to implement those regulations. (3) Congressional notification \n(A) In general \nThe head of each agency head shall notify the Director upon implementation of policies and procedures necessary to implement the regulations promulgated under paragraph (1). (B) OMB notification \nNot later than 30 days after the date described in paragraph (2), the Director shall notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committees on Oversight and Accountability and Homeland Security of the House of Representatives on the status of the implementation by each agency of the regulations promulgated under paragraph (1). (c) National security systems exemption \nNotwithstanding any other provision of this section, a contractor or awardee of an agency that would be required to report an incident or vulnerability pursuant to this section that occurs exclusively on a national security system shall— (1) report the incident or vulnerability to the head of the agency and the Secretary of Defense; and (2) comply with applicable laws and policies relating to national security systems. 3596. Training \n(a) Covered individual defined \nIn this section, the term covered individual means an individual who obtains access to a Federal information system because of the status of the individual as— (1) an employee, contractor, awardee, volunteer, or intern of an agency; or (2) an employee of a contractor or awardee of an agency. (b) Best practices and consistency \nThe Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, the National Cyber Director, and the Director of the National Institute of Standards and Technology, shall develop best practices to support consistency across agencies in cybersecurity incident response training, including— (1) information to be collected and shared with the Cybersecurity and Infrastructure Security Agency pursuant to section 3594(a) and processes for sharing such information; and (2) appropriate training and qualifications for cyber incident responders. (c) Agency training \nThe head of each agency shall develop training for covered individuals on how to identify and respond to an incident, including— (1) the internal process of the agency for reporting an incident; and (2) the obligation of a covered individual to report to the agency any suspected or confirmed incident involving Federal information in any medium or form, including paper, oral, and electronic. (d) Inclusion in annual training \nThe training developed under subsection (c) may be included as part of an annual privacy, security awareness, or other appropriate training of an agency. 3597. Analysis and report on Federal incidents \n(a) Analysis of Federal incidents \n(1) Quantitative and qualitative analyses \nThe Director of the Cybersecurity and Infrastructure Security Agency shall perform and, in coordination with the Director and the National Cyber Director, develop, continuous monitoring and quantitative and qualitative analyses of incidents at agencies, including major incidents, including— (A) the causes of incidents, including— (i) attacker tactics, techniques, and procedures; and (ii) system vulnerabilities, including zero days, unpatched systems, and information system misconfigurations; (B) the scope and scale of incidents at agencies; (C) common root causes of incidents across multiple agencies; (D) agency incident response, recovery, and remediation actions and the effectiveness of those actions, as applicable; (E) lessons learned and recommendations in responding to, recovering from, remediating, and mitigating future incidents; and (F) trends across multiple agencies to address intrusion detection and incident response capabilities using the metrics established under section 224(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1522(c) ). (2) Automated analysis \nThe analyses developed under paragraph (1) shall, to the greatest extent practicable, use machine readable data, automation, and machine learning processes. (3) Sharing of data and analysis \n(A) In general \nThe Director of the Cybersecurity and Infrastructure Security Agency shall share on an ongoing basis the analyses and underlying data required under this subsection with agencies, the Director, and the National Cyber Director to— (i) improve the understanding of cybersecurity risk of agencies; and (ii) support the cybersecurity improvement efforts of agencies. (B) Format \nIn carrying out subparagraph (A), the Director of the Cybersecurity and Infrastructure Security Agency shall share the analyses— (i) in human-readable written products; and (ii) to the greatest extent practicable, in machine-readable formats in order to enable automated intake and use by agencies. (C) Exemption \nThis subsection shall not apply to incidents that occur exclusively on national security systems. (b) Annual report on Federal incidents \nNot later than 2 years after the date of enactment of this section, and not less frequently than annually thereafter, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, the National Cyber Director and the heads of other agencies, as appropriate, shall submit to the appropriate reporting entities a report that includes— (1) a summary of causes of incidents from across the Federal Government that categorizes those incidents as incidents or major incidents; (2) the quantitative and qualitative analyses of incidents developed under subsection (a)(1) on an agency-by-agency basis and comprehensively across the Federal Government, including— (A) a specific analysis of breaches; and (B) an analysis of the Federal Government’s performance against the metrics established under section 224(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1522(c) ); and (3) an annex for each agency that includes— (A) a description of each major incident; (B) the total number of incidents of the agency; and (C) an analysis of the agency’s performance against the metrics established under section 224(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1522(c) ). (c) Publication \n(1) In general \nThe Director of the Cybersecurity and Infrastructure Security Agency shall make a version of each report submitted under subsection (b) publicly available on the website of the Cybersecurity and Infrastructure Security Agency during the year during which the report is submitted. (2) Exemption \nThe publication requirement under paragraph (1) shall not apply to a portion of a report that contains content that should be protected in the interest of national security, as determined by the Director, the Director of the Cybersecurity and Infrastructure Security Agency, or the National Cyber Director. (3) Limitation on exemption \nThe exemption under paragraph (2) shall not apply to any version of a report submitted to the appropriate reporting entities under subsection (b). (4) Requirement for compiling information \n(A) Compilation \nSubject to subparagraph (B), in making a report publicly available under paragraph (1), the Director of the Cybersecurity and Infrastructure Security Agency shall sufficiently compile information so that no specific incident of an agency can be identified. (B) Exception \nThe Director of the Cybersecurity and Infrastructure Security Agency may include information that enables a specific incident of an agency to be identified in a publicly available report— (i) with the concurrence of the Director and the National Cyber Director; (ii) in consultation with the impacted agency; and (iii) in consultation with the inspector general of the impacted agency. (d) Information provided by agencies \n(1) In general \nThe analysis required under subsection (a) and each report submitted under subsection (b) shall use information provided by agencies under section 3594(a). (2) Noncompliance reports \nDuring any year during which the head of an agency does not provide data for an incident to the Cybersecurity and Infrastructure Security Agency in accordance with section 3594(a), the head of the agency, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency and the Director, shall submit to the appropriate reporting entities a report that includes the information described in subsection (b) with respect to the agency. (e) National security system reports \n(1) In general \nNotwithstanding any other provision of this section, the Secretary of Defense, in consultation with the Director, the National Cyber Director, the Director of National Intelligence, and the Director of Cybersecurity and Infrastructure Security shall annually submit a report that includes the information described in subsection (b) with respect to national security systems, to the extent that the submission is consistent with standards and guidelines for national security systems issued in accordance with law and as directed by the President, to— (A) the majority and minority leaders of the Senate, (B) the Speaker and minority leader of the House of Representatives; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Select Committee on Intelligence of the Senate; (E) the Committee on Armed Services of the Senate; (F) the Committee on Appropriations of the Senate; (G) the Committee on Oversight and Accountability of the House of Representatives; (H) the Committee on Homeland Security of the House of Representatives; (I) the Permanent Select Committee on Intelligence of the House of Representatives; (J) the Committee on Armed Services of the House of Representatives; and (K) the Committee on Appropriations of the House of Representatives. (2) Classified form \nA report required under paragraph (1) may be submitted in a classified form. 3598. Major incident definition \n(a) In general \nNot later than 1 year after the later of the date of enactment of the Federal Information Security Modernization Act of 2023 and the most recent publication by the Director of guidance to agencies regarding major incidents as of the date of enactment of the Federal Information Security Modernization Act of 2023 , the Director shall develop, in coordination with the National Cyber Director, and promulgate guidance on the definition of the term major incident for the purposes of subchapter II and this subchapter. (b) Requirements \nWith respect to the guidance issued under subsection (a), the definition of the term major incident shall— (1) include, with respect to any information collected or maintained by or on behalf of an agency or a Federal information system— (A) any incident the head of the agency determines is likely to result in demonstrable harm to— (i) the national security interests, foreign relations, homeland security, or economic security of the United States; or (ii) the civil liberties, public confidence, privacy, or public health and safety of the people of the United States; (B) any incident the head of the agency determines likely to result in an inability or substantial disruption for the agency, a component of the agency, or the Federal Government, to provide 1 or more critical services; (C) any incident the head of the agency determines substantially disrupts or substantially degrades the operations of a high value asset owned or operated by the agency; (D) any incident involving the exposure to a foreign entity of sensitive agency information, such as the communications of the head of the agency, the head of a component of the agency, or the direct reports of the head of the agency or the head of a component of the agency; and (E) any other type of incident determined appropriate by the Director; (2) stipulate that the National Cyber Director, in consultation with the Director and the Director of the Cybersecurity and Infrastructure Security Agency, may declare a major incident at any agency, and such a declaration shall be considered if it is determined that an incident— (A) occurs at not less than 2 agencies; and (B) is enabled by— (i) a common technical root cause, such as a supply chain compromise, or a common software or hardware vulnerability; or (ii) the related activities of a common threat actor; (3) stipulate that, in determining whether an incident constitutes a major incident under the standards described in paragraph (1), the head of the agency shall consult with the National Cyber Director; and (4) stipulate that the mere report of a vulnerability discovered or disclosed without a loss of confidentiality, integrity, or availability shall not on its own constitute a major incident. (c) Evaluation and updates \nNot later than 60 days after the date on which the Director first promulgates the guidance required under subsection (a), and not less frequently than once during the first 90 days of each evenly numbered Congress thereafter, the Director shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committees on Oversight and Accountability and Homeland Security of the House of Representatives a briefing that includes— (1) an evaluation of any necessary updates to the guidance; (2) an evaluation of any necessary updates to the definition of the term major incident included in the guidance; and (3) an explanation of, and the analysis that led to, the definition described in paragraph (2).. (2) Clerical amendment \nThe table of sections for chapter 35 of title 44, United States Code, is amended by adding at the end the following: SUBCHAPTER IV—Federal system incident response 3591. Definitions. 3592. Notification of breach. 3593. Congressional and Executive Branch reports. 3594. Government information sharing and incident response. 3595. Responsibilities of contractors and awardees. 3596. Training. 3597. Analysis and report on Federal incidents. 3598. Major incident definition..", "id": "id75d870a3ffd54523837c51196da4c78f", "header": "Amendments to title 44", "nested": [ { "text": "(a) Subchapter I amendments \nSubchapter I of chapter 35 of title 44, United States Code, is amended— (1) in section 3504— (A) in subsection (a)(1)(B)— (i) by striking clause (v) and inserting the following: (v) privacy, confidentiality, disclosure, and sharing of information; ; (ii) by redesignating clause (vi) as clause (vii); and (iii) by inserting after clause (v) the following: (vi) in consultation with the National Cyber Director, security of information; and ; and (B) in subsection (g)— (i) by redesignating paragraph (2) as paragraph (3); and (ii) by striking paragraph (1) and inserting the following: (1) develop and oversee the implementation of policies, principles, standards, and guidelines on privacy, confidentiality, disclosure, and sharing of information collected or maintained by or for agencies; (2) in consultation with the National Cyber Director, oversee the implementation of policies, principles, standards, and guidelines on security, of information collected or maintained by or for agencies; and ; (2) in section 3505— (A) by striking the first subsection designated as subsection (c); (B) in paragraph (2) of the second subsection designated as subsection (c), by inserting an identification of internet accessible information systems and after an inventory under this subsection shall include ; (C) in paragraph (3) of the second subsection designated as subsection (c)— (i) in subparagraph (B)— (I) by inserting the Director of the Cybersecurity and Infrastructure Security Agency, the National Cyber Director, and before the Comptroller General ; and (II) by striking and at the end; (ii) in subparagraph (C)(v), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (D) maintained on a continual basis through the use of automation, machine-readable data, and scanning, wherever practicable. ; (3) in section 3506— (A) in subsection (a)(3), by inserting In carrying out these duties, the Chief Information Officer shall consult, as appropriate, with the Chief Data Officer in accordance with the designated functions under section 3520(c). after reduction of information collection burdens on the public. ; (B) in subsection (b)(1)(C), by inserting availability, after integrity, ; (C) in subsection (h)(3), by inserting security, after efficiency, ; and (D) by adding at the end the following: (j) (1) Nothwithstanding paragraphs (2) and (3) of subsection (a), the head of each agency shall designate a Chief Privacy Officer with the necessary skills, knowledge, and expertise, who shall have the authority and responsibility to— (A) lead the privacy program of the agency; and (B) carry out the privacy responsibilities of the agency under this chapter, section 552a of title 5, and guidance issued by the Director. (2) The Chief Privacy Officer of each agency shall— (A) serve in a central leadership position within the agency; (B) have visibility into relevant agency operations; and (C) be positioned highly enough within the agency to regularly engage with other agency leaders and officials, including the head of the agency. (3) A privacy officer of an agency established under a statute enacted before the date of enactment of the Federal Information Security Modernization Act of 2023 may carry out the responsibilities under this subsection for the agency. ; and (4) in section 3513— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) Each agency providing a written plan under subsection (b) shall provide any portion of the written plan addressing information security to the Secretary of Homeland Security and the National Cyber Director..", "id": "idfc5e5234156d4673ba303061325d4222", "header": "Subchapter I amendments", "nested": [], "links": [ { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] }, { "text": "(b) Subchapter II definitions \n(1) In general \nSection 3552(b) of title 44, United States Code, is amended— (A) by redesignating paragraphs (2), (3), (4), (5), (6), and (7) as paragraphs (3), (4), (5), (6), (8), and (10), respectively; (B) by inserting after paragraph (1) the following: (2) The term high value asset means information or an information system that the head of an agency, using policies, principles, standards, or guidelines issued by the Director under section 3553(a), determines to be so critical to the agency that the loss or degradation of the confidentiality, integrity, or availability of such information or information system would have a serious impact on the ability of the agency to perform the mission of the agency or conduct business. ; (C) by inserting after paragraph (6), as so redesignated, the following: (7) The term major incident has the meaning given the term in guidance issued by the Director under section 3598(a). ; (D) in paragraph (8)(A), as so redesignated, by striking used and inserting owned, managed, ; (E) by inserting after paragraph (8), as so redesignated, the following: (9) The term penetration test — (A) means an authorized assessment that emulates attempts to gain unauthorized access to, or disrupt the operations of, an information system or component of an information system; and (B) includes any additional meaning given the term in policies, principles, standards, or guidelines issued by the Director under section 3553(a). ; and (F) by inserting after paragraph (10), as so redesignated, the following: (11) The term shared service means a centralized mission capability or consolidated business function that is provided to multiple organizations within an agency or to multiple agencies. (12) The term zero trust architecture has the meaning given the term in Special Publication 800–207 of the National Institute of Standards and Technology, or any successor document.. (2) Conforming amendments \n(A) Homeland Security Act of 2002 \nSection 1001(c)(1)(A) of the Homeland Security Act of 2002 ( 6 U.S.C. 511(c)(1)(A) ) is amended by striking section 3552(b)(5) and inserting section 3552(b). (B) Title 10 \n(i) Section 2222 \nSection 2222(i)(8) of title 10, United States Code, is amended by striking section 3552(b)(6)(A) and inserting section 3552(b)(8)(A). (ii) Section 2223 \nSection 2223(c)(3) of title 10, United States Code, is amended by striking section 3552(b)(6) and inserting section 3552(b). (iii) Section 2315 \nSection 2315 of title 10, United States Code, is amended by striking section 3552(b)(6) and inserting section 3552(b). (iv) Section 2339a \nSection 2339a(e)(5) of title 10, United States Code, is amended by striking section 3552(b)(6) and inserting section 3552(b). (C) High-Performance Computing Act of 1991 \nSection 207(a) of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5527(a) ) is amended by striking section 3552(b)(6)(A)(i) and inserting section 3552(b)(8)(A)(i). (D) Internet of Things Cybersecurity Improvement Act of 2020 \nSection 3(5) of the Internet of Things Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g–3a(5)) is amended by striking section 3552(b)(6) and inserting section 3552(b). (E) National Defense Authorization Act for fiscal Year 2013 \nSection 933(e)(1)(B) of the National Defense Authorization Act for Fiscal Year 2013 ( 10 U.S.C. 2224 note) is amended by striking section 3542(b)(2) and inserting section 3552(b). (F) Ike Skelton National Defense Authorization Act for Fiscal Year 2011 \nThe Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ) is amended— (i) in section 806(e)(5) ( 10 U.S.C. 2304 note), by striking section 3542(b) and inserting section 3552(b) ; (ii) in section 931(b)(3) ( 10 U.S.C. 2223 note), by striking section 3542(b)(2) and inserting section 3552(b) ; and (iii) in section 932(b)(2) ( 10 U.S.C. 2224 note), by striking section 3542(b)(2) and inserting section 3552(b). (G) E-Government Act of 2002 \nSection 301(c)(1)(A) of the E-Government Act of 2002 ( 44 U.S.C. 3501 note) is amended by striking section 3542(b)(2) and inserting section 3552(b). (H) National Institute of Standards and Technology Act \nSection 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ) is amended— (i) in subsection (a)(2), by striking section 3552(b)(5) and inserting section 3552(b) ; and (ii) in subsection (f)— (I) in paragraph (3), by striking section 3532(1) and inserting section 3552(b) ; and (II) in paragraph (5), by striking section 3532(b)(2) and inserting section 3552(b).", "id": "ida287dc656391428988e7c8e77861e876", "header": "Subchapter II definitions", "nested": [], "links": [ { "text": "6 U.S.C. 511(c)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/6/511" }, { "text": "15 U.S.C. 5527(a)", "legal-doc": "usc", "parsable-cite": "usc/15/5527" }, { "text": "10 U.S.C. 2224", "legal-doc": "usc", "parsable-cite": "usc/10/2224" }, { "text": "Public Law 111–383", "legal-doc": "public-law", "parsable-cite": "pl/111/383" }, { "text": "10 U.S.C. 2304", "legal-doc": "usc", "parsable-cite": "usc/10/2304" }, { "text": "10 U.S.C. 2223", "legal-doc": "usc", "parsable-cite": "usc/10/2223" }, { "text": "10 U.S.C. 2224", "legal-doc": "usc", "parsable-cite": "usc/10/2224" }, { "text": "44 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/44/3501" }, { "text": "15 U.S.C. 278g–3", "legal-doc": "usc", "parsable-cite": "usc/15/278g-3" } ] }, { "text": "(c) Subchapter II amendments \nSubchapter II of chapter 35 of title 44, United States Code, is amended— (1) in section 3551— (A) in paragraph (4), by striking diagnose and improve and inserting integrate, deliver, diagnose, and improve ; (B) in paragraph (5), by striking and at the end; (C) in paragraph (6), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (7) recognize that each agency has specific mission requirements and, at times, unique cybersecurity requirements to meet the mission of the agency; (8) recognize that each agency does not have the same resources to secure agency systems, and an agency should not be expected to have the capability to secure the systems of the agency from advanced adversaries alone; and (9) recognize that a holistic Federal cybersecurity model is necessary to account for differences between the missions and capabilities of agencies. ; (2) in section 3553— (A) in subsection (a)— (i) in paragraph (5), by striking and at the end; (ii) in paragraph (6), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (7) promoting, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, the National Cyber Director, and the Director of the National Institute of Standards and Technology— (A) the use of automation to improve Federal cybersecurity and visibility with respect to the implementation of Federal cybersecurity; and (B) the use of presumption of compromise and least privilege principles, such as zero trust architecture, to improve resiliency and timely response actions to incidents on Federal systems. ; (B) in subsection (b)— (i) in the matter preceding paragraph (1), by inserting and the National Cyber Director after Director ; (ii) in paragraph (2)(A), by inserting and reporting requirements under subchapter IV of this chapter after section 3556 ; (iii) by redesignating paragraphs (8) and (9) as paragraphs (10) and (11), respectively; and (iv) by inserting after paragraph (7) the following: (8) expeditiously seeking opportunities to reduce costs, administrative burdens, and other barriers to information technology security and modernization for agencies, including through shared services for cybersecurity capabilities identified as appropriate by the Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency and other agencies as appropriate; ; (C) in subsection (c)— (i) in the matter preceding paragraph (1)— (I) by striking each year and inserting each year during which agencies are required to submit reports under section 3554(c) ; (II) by inserting , which shall be unclassified but may include 1 or more annexes that contain classified or other sensitive information, as appropriate after a report ; and (III) by striking preceding year and inserting preceding 2 years ; (ii) by striking paragraph (1); (iii) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (iv) in paragraph (3), as so redesignated, by striking and at the end; and (v) by inserting after paragraph (3), as so redesignated, the following: (4) a summary of the risks and trends identified in the Federal risk assessment required under subsection (i); and ; (D) in subsection (h)— (i) in paragraph (2)— (I) in subparagraph (A), by inserting and the National Cyber Director after in coordination with the Director ; and (II) in subparagraph (D), by inserting , the National Cyber Director, after notify the Director ; and (ii) in paragraph (3)(A)(iv), by inserting , the National Cyber Director, after the Secretary provides prior notice to the Director ; (E) by amending subsection (i) to read as follows: (i) Federal risk assessment \nOn an ongoing and continuous basis, the Director of the Cybersecurity and Infrastructure Security Agency shall assess the Federal risk posture using any available information on the cybersecurity posture of agencies, and brief the Director and National Cyber Director on the findings of such assessment, including— (1) the status of agency cybersecurity remedial actions for high value assets described in section 3554(b)(7); (2) any vulnerability information relating to the systems of an agency that is known by the agency; (3) analysis of incident information under section 3597; (4) evaluation of penetration testing performed under section 3559A; (5) evaluation of vulnerability disclosure program information under section 3559B; (6) evaluation of agency threat hunting results; (7) evaluation of Federal and non-Federal cyber threat intelligence; (8) data on agency compliance with standards issued under section 11331 of title 40; (9) agency system risk assessments required under section 3554(a)(1)(A); (10) relevant reports from inspectors general of agencies and the Government Accountability Office; and (11) any other information the Director of the Cybersecurity and Infrastructure Security Agency determines relevant. ; and (F) by adding at the end the following: (m) Directives \n(1) Emergency directive updates \nIf the Secretary issues an emergency directive under this section, the Director of the Cybersecurity and Infrastructure Security Agency shall submit to the Director, the National Cyber Director, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees on Oversight and Accountability and Homeland Security of the House of Representatives an update on the status of the implementation of the emergency directive at agencies not later than 7 days after the date on which the emergency directive requires an agency to complete a requirement specified by the emergency directive, and every 30 days thereafter until— (A) the date on which every agency has fully implemented the emergency directive; (B) the Secretary determines that an emergency directive no longer requires active reporting from agencies or additional implementation; or (C) the date that is 1 year after the issuance of the directive. (2) Binding operational directive updates \nIf the Secretary issues a binding operational directive under this section, the Director of the Cybersecurity and Infrastructure Security Agency shall submit to the Director, the National Cyber Director, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees on Oversight and Accountability and Homeland Security of the House of Representatives an update on the status of the implementation of the binding operational directive at agencies not later than 30 days after the issuance of the binding operational directive, and every 90 days thereafter until— (A) the date on which every agency has fully implemented the binding operational directive; (B) the Secretary determines that a binding operational directive no longer requires active reporting from agencies or additional implementation; or (C) the date that is 1 year after the issuance or substantive update of the directive. (3) Report \nIf the Director of the Cybersecurity and Infrastructure Security Agency ceases submitting updates required under paragraphs (1) or (2) on the date described in paragraph (1)(C) or (2)(C), the Director of the Cybersecurity and Infrastructure Security Agency shall submit to the Director, the National Cyber Director, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees on Oversight and Accountability and Homeland Security of the House of Representatives a list of every agency that, at the time of the report— (A) has not completed a requirement specified by an emergency directive; or (B) has not implemented a binding operational directive. (n) Review of Office of Management and Budget guidance and policy \n(1) Conduct of review \nNot less frequently than once every 3 years, the Director of the Office of Management and Budget shall review the efficacy of the guidance and policy promulgated by the Director in reducing cybersecurity risks, including a consideration of reporting and compliance burden on agencies. (2) Congressional notification \nThe Director of the Office of Management and Budget shall notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives of changes to guidance or policy resulting from the review under paragraph (1). (3) GAO review \nThe Government Accountability Office shall review guidance and policy promulgated by the Director to assess its efficacy in risk reduction and burden on agencies. (o) Automated standard implementation verification \nWhen the Director of the National Institute of Standards and Technology issues a proposed standard or guideline pursuant to paragraphs (2) or (3) of section 20(a) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3(a) ), the Director of the National Institute of Standards and Technology shall consider developing and, if appropriate and practical, develop specifications to enable the automated verification of the implementation of the controls. (p) Inspectors general access to federal risk assessments \nThe Director of the Cybersecurity and Infrastructure Security Agency shall, upon request, make available Federal risk assessment information under subsection (i) to the Inspector General of the Department of Homeland Security and the inspector general of any agency that was included in the Federal risk assessment. ; (3) in section 3554— (A) in subsection (a)— (i) in paragraph (1)— (I) by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively; (II) by inserting before subparagraph (B), as so redesignated, the following: (A) on an ongoing and continuous basis, assessing agency system risk, as applicable, by— (i) identifying and documenting the high value assets of the agency using guidance from the Director; (ii) evaluating the data assets inventoried under section 3511 for sensitivity to compromises in confidentiality, integrity, and availability; (iii) identifying whether the agency is participating in federally offered cybersecurity shared services programs; (iv) identifying agency systems that have access to or hold the data assets inventoried under section 3511; (v) evaluating the threats facing agency systems and data, including high value assets, based on Federal and non-Federal cyber threat intelligence products, where available; (vi) evaluating the vulnerability of agency systems and data, including high value assets, including by analyzing— (I) the results of penetration testing performed by the Department of Homeland Security under section 3553(b)(9); (II) the results of penetration testing performed under section 3559A; (III) information provided to the agency through the vulnerability disclosure program of the agency under section 3559B; (IV) incidents; and (V) any other vulnerability information relating to agency systems that is known to the agency; (vii) assessing the impacts of potential agency incidents to agency systems, data, and operations based on the evaluations described in clauses (ii) and (v) and the agency systems identified under clause (iv); and (viii) assessing the consequences of potential incidents occurring on agency systems that would impact systems at other agencies, including due to interconnectivity between different agency systems or operational reliance on the operations of the system or data in the system; ; (III) in subparagraph (B), as so redesignated, in the matter preceding clause (i), by striking providing information and inserting using information from the assessment required under subparagraph (A), providing information ; (IV) in subparagraph (C), as so redesignated— (aa) in clause (ii) by inserting binding before operational ; and (bb) in clause (vi), by striking and at the end; and (V) by adding at the end the following: (E) providing an update on the ongoing and continuous assessment required under subparagraph (A)— (i) upon request, to the inspector general of the agency or the Comptroller General of the United States; and (ii) at intervals determined by guidance issued by the Director, and to the extent appropriate and practicable using automation, to— (I) the Director; (II) the Director of the Cybersecurity and Infrastructure Security Agency; and (III) the National Cyber Director; ; (ii) in paragraph (2)— (I) in subparagraph (A), by inserting in accordance with the agency system risk assessment required under paragraph (1)(A) after information systems ; (II) in subparagraph (D), by inserting , through the use of penetration testing, the vulnerability disclosure program established under section 3559B, and other means, after periodically ; (iii) in paragraph (3)(A)— (I) in the matter preceding clause (i), by striking senior agency information security officer and inserting Chief Information Security Officer ; (II) in clause (i), by striking this section and inserting subsections (a) through (c) ; (III) in clause (ii), by striking training and and inserting skills, training, and ; (IV) by redesignating clauses (iii) and (iv) as (iv) and (v), respectively; (V) by inserting after clause (ii) the following: (iii) manage information security, cybersecurity budgets, and risk and compliance activities and explain those concepts to the head of the agency and the executive team of the agency; ; and (VI) in clause (iv), as so redesignated, by striking information security duties as that official's primary duty and inserting information, computer network, and technology security duties as the Chief Information Security Officers' primary duty ; (iv) in paragraph (5), by striking annually and inserting not less frequently than quarterly ; and (v) in paragraph (6), by striking official delegated and inserting Chief Information Security Officer delegated ; and (B) in subsection (b)— (i) by striking paragraph (1) and inserting the following: (1) the ongoing and continuous assessment of agency system risk required under subsection (a)(1)(A), which may include using guidance and automated tools consistent with standards and guidelines promulgated under section 11331 of title 40, as applicable; ; (ii) in paragraph (2)— (I) by striking subparagraph (B); (II) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; (III) in subparagraph (B), as so redesignated, by striking and at the end; and (IV) in subparagraph (C), as so redesignated— (aa) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (bb) by inserting after clause (ii) the following: (iii) binding operational directives and emergency directives issued by the Secretary under section 3553; ; and (cc) in clause (iv), as so redesignated, by striking as determined by the agency; and and inserting “as determined by the agency, considering the agency risk assessment required under subsection (a)(1)(A); (iii) in paragraph (5)(A), by inserting , including penetration testing, as appropriate, after shall include testing ; (iv) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; (v) by inserting after paragraph (6) the following: (7) a secure process for providing the status of every remedial action and unremediated identified system vulnerability of a high value asset to the Director and the Director of the Cybersecurity and Infrastructure Security Agency, using automation and machine-readable data to the greatest extent practicable; ; and (vi) in paragraph (8)(C), as so redesignated— (I) by striking clause (ii) and inserting the following: (ii) notifying and consulting with the Federal information security incident center established under section 3556 pursuant to the requirements of section 3594; ; (II) by redesignating clause (iii) as clause (iv); (III) by inserting after clause (ii) the following: (iii) performing the notifications and other activities required under subchapter IV of this chapter; and ; and (IV) in clause (iv), as so redesignated— (aa) in subclause (II), by adding and at the end; (bb) by striking subclause (III); and (cc) by redesignating subclause (IV) as subclause (III); and (C) in subsection (c)— (i) by redesignating paragraph (2) as paragraph (5); (ii) by striking paragraph (1) and inserting the following: (1) Biennial report \nNot later than 2 years after the date of enactment of the Federal Information Security Modernization Act of 2023 and not less frequently than once every 2 years thereafter, using the continuous and ongoing agency system risk assessment required under subsection (a)(1)(A), the head of each agency shall submit to the Director, the National Cyber Director, the Director of the Cybersecurity and Infrastructure Security Agency, the Comptroller General of the United States, the majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Accountability of the House of Representatives, the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the appropriate authorization and appropriations committees of Congress a report that— (A) summarizes the agency system risk assessment required under subsection (a)(1)(A); (B) evaluates the adequacy and effectiveness of information security policies, procedures, and practices of the agency to address the risks identified in the agency system risk assessment required under subsection (a)(1)(A), including an analysis of the agency’s cybersecurity and incident response capabilities using the metrics established under section 224(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1522(c) ); and (C) summarizes the status of remedial actions identified by inspector general of the agency, the Comptroller General of the United States, and any other source determined appropriate by the head of the agency. (2) Unclassified reports \nEach report submitted under paragraph (1)— (A) shall be, to the greatest extent practicable, in an unclassified and otherwise uncontrolled form; and (B) may include 1 or more annexes that contain classified or other sensitive information, as appropriate. (3) Briefings \nDuring each year during which a report is not required to be submitted under paragraph (1), the Director shall provide to the congressional committees described in paragraph (1) a briefing summarizing current agency and Federal risk postures. ; and (iii) in paragraph (5), as so redesignated, by striking the period at the end and inserting , including the reporting procedures established under section 11315(d) of title 40 and subsection (a)(3)(A)(v) of this section ; (4) in section 3555— (A) in the section heading, by striking Annual independent and inserting Independent ; (B) in subsection (a)— (i) in paragraph (1), by inserting during which a report is required to be submitted under section 3553(c), after Each year ; (ii) in paragraph (2)(A), by inserting , including by performing, or reviewing the results of, agency penetration testing and analyzing the vulnerability disclosure program of the agency after information systems ; and (iii) by adding at the end the following: (3) An evaluation under this section may include recommendations for improving the cybersecurity posture of the agency. ; (C) in subsection (b)(1), by striking annual ; (D) in subsection (e)(1), by inserting during which a report is required to be submitted under section 3553(c) after Each year ; (E) in subsection (g)(2)— (i) by striking this subsection shall and inserting “this subsection— (A) shall ; (ii) in subparagraph (A), as so designated, by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (B) identify any entity that performs an independent evaluation under subsection (b). ; and (F) by striking subsection (j) and inserting the following: (j) Guidance \n(1) In general \nThe Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, the Chief Information Officers Council, the Council of the Inspectors General on Integrity and Efficiency, and other interested parties as appropriate, shall ensure the development of risk-based guidance for evaluating the effectiveness of an information security program and practices. (2) Priorities \nThe risk-based guidance developed under paragraph (1) shall include— (A) the identification of the most common successful threat patterns; (B) the identification of security controls that address the threat patterns described in subparagraph (A); (C) any other security risks unique to Federal systems; and (D) any other element the Director determines appropriate. ; and (5) in section 3556(a)— (A) in the matter preceding paragraph (1), by inserting within the Cybersecurity and Infrastructure Security Agency after incident center ; and (B) in paragraph (4), by striking 3554(b) and inserting 3554(a)(1)(A).", "id": "id3c2ed93b10d549959d39863f06ea6207", "header": "Subchapter II amendments", "nested": [], "links": [ { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "15 U.S.C. 278g–3(a)", "legal-doc": "usc", "parsable-cite": "usc/15/278g-3" }, { "text": "6 U.S.C. 1522(c)", "legal-doc": "usc", "parsable-cite": "usc/6/1522" } ] }, { "text": "(d) Conforming amendments \n(1) Table of sections \nThe table of sections for chapter 35 of title 44, United States Code, is amended by striking the item relating to section 3555 and inserting the following: 3555. Independent evaluation.. (2) OMB reports \nSection 226(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1524(c) ) is amended— (A) in paragraph (1)(B), in the matter preceding clause (i), by striking annually thereafter and inserting thereafter during the years during which a report is required to be submitted under section 3553(c) of title 44, United States Code ; and (B) in paragraph (2)(B), in the matter preceding clause (i)— (i) by striking annually thereafter and inserting thereafter during the years during which a report is required to be submitted under section 3553(c) of title 44, United States Code ; and (ii) by striking the report required under section 3553(c) of title 44, United States Code and inserting that report. (3) NIST responsibilities \nSection 20(d)(3)(B) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3(d)(3)(B) ) is amended by striking annual.", "id": "id785ce659d97d4b9796ee5174234e7a98", "header": "Conforming amendments", "nested": [], "links": [ { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "6 U.S.C. 1524(c)", "legal-doc": "usc", "parsable-cite": "usc/6/1524" }, { "text": "15 U.S.C. 278g–3(d)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/278g-3" } ] }, { "text": "(e) Federal system incident response \n(1) In general \nChapter 35 of title 44, United States Code, is amended by adding at the end the following: IV Federal system incident response \n3591. Definitions \n(a) In general \nExcept as provided in subsection (b), the definitions under sections 3502 and 3552 shall apply to this subchapter. (b) Additional definitions \nAs used in this subchapter: (1) Appropriate reporting entities \nThe term appropriate reporting entities means— (A) the majority and minority leaders of the Senate; (B) the Speaker and minority leader of the House of Representatives; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Commerce, Science, and Transportation of the Senate; (E) the Committee on Oversight and Accountability of the House of Representatives; (F) the Committee on Homeland Security of the House of Representatives; (G) the Committee on Science, Space, and Technology of the House of Representatives; (H) the appropriate authorization and appropriations committees of Congress; (I) the Director; (J) the Director of the Cybersecurity and Infrastructure Security Agency; (K) the National Cyber Director; (L) the Comptroller General of the United States; and (M) the inspector general of any impacted agency. (2) Awardee \nThe term awardee , with respect to an agency— (A) means— (i) the recipient of a grant from an agency; (ii) a party to a cooperative agreement with an agency; and (iii) a party to an other transaction agreement with an agency; and (B) includes a subawardee of an entity described in subparagraph (A). (3) Breach \nThe term breach — (A) means the compromise, unauthorized disclosure, unauthorized acquisition, or loss of control of personally identifiable information or any similar occurrence; and (B) includes any additional meaning given the term in policies, principles, standards, or guidelines issued by the Director. (4) Contractor \nThe term contractor means a prime contractor of an agency or a subcontractor of a prime contractor of an agency that creates, collects, stores, processes, maintains, or transmits Federal information on behalf of an agency. (5) Federal information \nThe term Federal information means information created, collected, processed, maintained, disseminated, disclosed, or disposed of by or for the Federal Government in any medium or form. (6) Federal information system \nThe term Federal information system means an information system owned, managed, or operated by an agency, or on behalf of an agency by a contractor, an awardee, or another organization. (7) Intelligence community \nThe term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (8) Nationwide consumer reporting agency \nThe term nationwide consumer reporting agency means a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(p) ). (9) Vulnerability disclosure \nThe term vulnerability disclosure means a vulnerability identified under section 3559B. 3592. Notification of breach \n(a) Definition \nIn this section, the term covered breach means a breach— (1) involving not less than 50,000 potentially affected individuals; or (2) the result of which the head of an agency determines that notifying potentially affected individuals is necessary pursuant to subsection (b)(1), regardless of whether— (A) the number of potentially affected individuals is less than 50,000; or (B) the notification is delayed under subsection (d). (b) Notification \nAs expeditiously as practicable and without unreasonable delay, and in any case not later than 45 days after an agency has a reasonable basis to conclude that a breach has occurred, the head of the agency, in consultation with the Chief Information Officer and Chief Privacy Officer of the agency, shall— (1) determine whether notice to any individual potentially affected by the breach is appropriate, including by conducting an assessment of the risk of harm to the individual that considers— (A) the nature and sensitivity of the personally identifiable information affected by the breach; (B) the likelihood of access to and use of the personally identifiable information affected by the breach; (C) the type of breach; and (D) any other factors determined by the Director; and (2) if the head of the agency determines notification is necessary pursuant to paragraph (1), provide written notification in accordance with subsection (c) to each individual potentially affected by the breach— (A) to the last known mailing address of the individual; or (B) through an appropriate alternative method of notification. (c) Contents of notification \nEach notification of a breach provided to an individual under subsection (b)(2) shall include, to the maximum extent practicable— (1) a brief description of the breach; (2) if possible, a description of the types of personally identifiable information affected by the breach; (3) contact information of the agency that may be used to ask questions of the agency, which— (A) shall include an e-mail address or another digital contact mechanism; and (B) may include a telephone number, mailing address, or a website; (4) information on any remedy being offered by the agency; (5) any applicable educational materials relating to what individuals can do in response to a breach that potentially affects their personally identifiable information, including relevant contact information for the appropriate Federal law enforcement agencies and each nationwide consumer reporting agency; and (6) any other appropriate information, as determined by the head of the agency or established in guidance by the Director. (d) Delay of notification \n(1) In general \nThe head of an agency, in coordination with the Director and the National Cyber Director, and as appropriate, the Attorney General, the Director of National Intelligence, or the Secretary of Homeland Security, may delay a notification required under subsection (b) or (e) if the notification would— (A) impede a criminal investigation or a national security activity; (B) cause an adverse result (as described in section 2705(a)(2) of title 18); (C) reveal sensitive sources and methods; (D) cause damage to national security; or (E) hamper security remediation actions. (2) Renewal \nA delay under paragraph (1) shall be for a period of 60 days and may be renewed. (3) National security systems \nThe head of an agency delaying notification under this subsection with respect to a breach exclusively of a national security system shall coordinate such delay with the Secretary of Defense. (e) Update notification \nIf an agency determines there is a significant change in the reasonable basis to conclude that a breach occurred, a significant change to the determination made under subsection (b)(1), or that it is necessary to update the details of the information provided to potentially affected individuals as described in subsection (c), the agency shall as expeditiously as practicable and without unreasonable delay, and in any case not later than 30 days after such a determination, notify each individual who received a notification pursuant to subsection (b) of those changes. (f) Delay of notification report \n(1) In general \nNot later than 1 year after the date of enactment of the Federal Information Security Modernization Act of 2023 , and annually thereafter, the head of an agency, in coordination with any official who delays a notification under subsection (d), shall submit to the appropriate reporting entities a report on each delay that occurred during the previous 2 years. (2) Component of other report \nThe head of an agency may submit the report required under paragraph (1) as a component of the report submitted under section 3554(c). (g) Congressional reporting requirements \n(1) Review and update \nOn a periodic basis, the Director of the Office of Management and Budget shall review, and update as appropriate, breach notification policies and guidelines for agencies. (2) Required notice from agencies \nSubject to paragraph (4), the Director of the Office of Management and Budget shall require the head of an agency affected by a covered breach to expeditiously and not later than 30 days after the date on which the agency discovers the covered breach give notice of the breach, which may be provided electronically, to— (A) each congressional committee described in section 3554(c)(1); and (B) the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (3) Contents of notice \nNotice of a covered breach provided by the head of an agency pursuant to paragraph (2) shall include, to the extent practicable— (A) information about the covered breach, including a summary of any information about how the covered breach occurred known by the agency as of the date of the notice; (B) an estimate of the number of individuals affected by covered the breach based on information known by the agency as of the date of the notice, including an assessment of the risk of harm to affected individuals; (C) a description of any circumstances necessitating a delay in providing notice to individuals affected by the covered breach in accordance with subsection (d); and (D) an estimate of when the agency will provide notice to individuals affected by the covered breach, if applicable. (4) Exception \nAny agency that is required to provide notice to Congress pursuant to paragraph (2) due to a covered breach exclusively on a national security system shall only provide such notice to— (A) the majority and minority leaders of the Senate; (B) the Speaker and minority leader of the House of Representatives; (C) the appropriations committees of Congress; (D) the Committee on Homeland Security and Governmental Affairs of the Senate; (E) the Select Committee on Intelligence of the Senate; (F) the Committee on Oversight and Accountability of the House of Representatives; and (G) the Permanent Select Committee on Intelligence of the House of Representatives. (5) Rule of construction \nNothing in paragraphs (1) through (3) shall be construed to alter any authority of an agency. (h) Rule of construction \nNothing in this section shall be construed to— (1) limit— (A) the authority of the Director to issue guidance relating to notifications of, or the head of an agency to notify individuals potentially affected by, breaches that are not determined to be covered breaches or major incidents; (B) the authority of the Director to issue guidance relating to notifications and reporting of breaches, covered breaches, or major incidents; (C) the authority of the head of an agency to provide more information than required under subsection (b) when notifying individuals potentially affected by a breach; (D) the timing of incident reporting or the types of information included in incident reports provided, pursuant to this subchapter, to— (i) the Director; (ii) the National Cyber Director; (iii) the Director of the Cybersecurity and Infrastructure Security Agency; or (iv) any other agency; (E) the authority of the head of an agency to provide information to Congress about agency breaches, including— (i) breaches that are not covered breaches; and (ii) additional information beyond the information described in subsection (g)(3); or (F) any Congressional reporting requirements of agencies under any other law; or (2) limit or supersede any existing privacy protections in existing law. 3593. Congressional and Executive Branch reports on major incidents \n(a) Appropriate congressional entities \nIn this section, the term appropriate congressional entities means— (1) the majority and minority leaders of the Senate; (2) the Speaker and minority leader of the House of Representatives; (3) the Committee on Homeland Security and Governmental Affairs of the Senate; (4) the Committee on Commerce, Science, and Transportation of the Senate; (5) the Committee on Oversight and Accountability of the House of Representatives; (6) the Committee on Homeland Security of the House of Representatives; (7) the Committee on Science, Space, and Technology of the House of Representatives; and (8) the appropriate authorization and appropriations committees of Congress (b) Initial notification \n(1) In general \nNot later than 72 hours after an agency has a reasonable basis to conclude that a major incident occurred, the head of the agency impacted by the major incident shall submit to the appropriate reporting entities a written notification, which may be submitted electronically and include 1 or more annexes that contain classified or other sensitive information, as appropriate. (2) Contents \nA notification required under paragraph (1) with respect to a major incident shall include the following, based on information available to agency officials as of the date on which the agency submits the notification: (A) A summary of the information available about the major incident, including how the major incident occurred and the threat causing the major incident. (B) If applicable, information relating to any breach associated with the major incident, regardless of whether— (i) the breach was the reason the incident was determined to be a major incident; and (ii) head of the agency determined it was appropriate to provide notification to potentially impacted individuals pursuant to section 3592(b)(1). (C) A preliminary assessment of the impacts to— (i) the agency; (ii) the Federal Government; (iii) the national security, foreign relations, homeland security, and economic security of the United States; and (iv) the civil liberties, public confidence, privacy, and public health and safety of the people of the United States. (D) If applicable, whether any ransom has been demanded or paid, or is expected to be paid, by any entity operating a Federal information system or with access to Federal information or a Federal information system, including, as available, the name of the entity demanding ransom, the date of the demand, and the amount and type of currency demanded, unless disclosure of such information will disrupt an active Federal law enforcement or national security operation. (c) Supplemental update \nWithin a reasonable amount of time, but not later than 30 days after the date on which the head of an agency submits a written notification under subsection (a), the head of the agency shall provide to the appropriate congressional entities an unclassified and written update, which may include 1 or more annexes that contain classified or other sensitive information, as appropriate, on the major incident, based on information available to agency officials as of the date on which the agency provides the update, on— (1) system vulnerabilities relating to the major incident, where applicable, means by which the major incident occurred, the threat causing the major incident, where applicable, and impacts of the major incident to— (A) the agency; (B) other Federal agencies, Congress, or the judicial branch; (C) the national security, foreign relations, homeland security, or economic security of the United States; or (D) the civil liberties, public confidence, privacy, or public health and safety of the people of the United States; (2) the status of compliance of the affected Federal information system with applicable security requirements at the time of the major incident; (3) if the major incident involved a breach, a description of the affected information, an estimate of the number of individuals potentially impacted, and any assessment to the risk of harm to such individuals; (4) an update to the assessment of the risk to agency operations, or to impacts on other agency or non-Federal entity operations, affected by the major incident; and (5) the detection, response, and remediation actions of the agency, including any support provided by the Cybersecurity and Infrastructure Security Agency under section 3594(d), if applicable. (d) Additional update \nIf the head of an agency, the Director, or the National Cyber Director determines that there is any significant change in the understanding of the scope, scale, or consequence of a major incident for which the head of the agency submitted a written notification and update under subsections (b) and (c), the head of the agency shall submit to the appropriate congressional entities a written update that includes information relating to the change in understanding. (e) Biennial report \nEach agency shall submit as part of the biennial report required under section 3554(c)(1) a description of each major incident that occurred during the 2-year period preceding the date on which the biennial report is submitted. (f) Report delivery \n(1) In general \nAny written notification or update required to be submitted under this section— (A) shall be submitted in an electronic format; and (B) may be submitted in a paper format. (2) Classification status \nAny written notification or update required to be submitted under this section— (A) shall be— (i) unclassified; and (ii) submitted through unclassified electronic means pursuant to paragraph (1)(A); and (B) may include classified annexes, as appropriate. (g) Report consistency \nTo achieve consistent and coherent agency reporting to Congress, the National Cyber Director, in coordination with the Director, shall— (1) provide recommendations to agencies on formatting and the contents of information to be included in the reports required under this section, including recommendations for consistent formats for presenting any associated metrics; and (2) maintain a comprehensive record of each major incident notification, update, and briefing provided under this section, which shall— (A) include, at a minimum— (i) the full contents of the written notification or update; (ii) the identity of the reporting agency; and (iii) the date of submission; and (iv) a list of the recipient congressional entities; and (B) be made available upon request to the majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Accountability of the House of Representatives. (h) National security systems congressional reporting exemption \nWith respect to a major incident that occurs exclusively on a national security system, the head of the affected agency shall submit the notifications and reports required to be submitted to Congress under this section only to— (1) the majority and minority leaders of the Senate; (2) the Speaker and minority leader of the House of Representatives; (3) the appropriations committees of Congress; (4) the appropriate authorization committees of Congress; (5) the Committee on Homeland Security and Governmental Affairs of the Senate; (6) the Select Committee on Intelligence of the Senate; (7) the Committee on Oversight and Accountability of the House of Representatives; and (8) the Permanent Select Committee on Intelligence of the House of Representatives. (i) Major incidents including breaches \nIf a major incident constitutes a covered breach, as defined in section 3592(a), information on the covered breach required to be submitted to Congress pursuant to section 3592(g) may— (1) be included in the notifications required under subsection (b) or (c); or (2) be reported to Congress under the process established under section 3592(g). (j) Rule of construction \nNothing in this section shall be construed to— (1) limit— (A) the ability of an agency to provide additional reports or briefings to Congress; (B) Congress from requesting additional information from agencies through reports, briefings, or other means; (C) any congressional reporting requirements of agencies under any other law; or (2) limit or supersede any privacy protections under any other law. 3594. Government information sharing and incident response \n(a) In general \n(1) Incident sharing \nSubject to paragraph (4) and subsection (b), and in accordance with the applicable requirements pursuant to section 3553(b)(2)(A) for reporting to the Federal information security incident center established under section 3556, the head of each agency shall provide to the Cybersecurity and Infrastructure Security Agency information relating to any incident affecting the agency, whether the information is obtained by the Federal Government directly or indirectly. (2) Contents \nA provision of information relating to an incident made by the head of an agency under paragraph (1) shall include, at a minimum— (A) a full description of the incident, including— (i) all indicators of compromise and tactics, techniques, and procedures; (ii) an indicator of how the intruder gained initial access, accessed agency data or systems, and undertook additional actions on the network of the agency; and (iii) information that would support enabling defensive measures; and (iv) other information that may assist in identifying other victims; (B) information to help prevent similar incidents, such as information about relevant safeguards in place when the incident occurred and the effectiveness of those safeguards; and (C) information to aid in incident response, such as— (i) a description of the affected systems or networks; (ii) the estimated dates of when the incident occurred; and (iii) information that could reasonably help identify any malicious actor that may have conducted or caused the incident, subject to appropriate privacy protections. (3) Information sharing \nThe Director of the Cybersecurity and Infrastructure Security Agency shall— (A) make incident information provided under paragraph (1) available to the Director and the National Cyber Director; (B) to the greatest extent practicable, share information relating to an incident with— (i) the head of any agency that may be— (I) impacted by the incident; (II) particularly susceptible to the incident; or (III) similarly targeted by the incident; and (ii) appropriate Federal law enforcement agencies to facilitate any necessary threat response activities, as requested; (C) coordinate any necessary information sharing efforts relating to a major incident with the private sector; and (D) notify the National Cyber Director of any efforts described in subparagraph (C). (4) National security systems exemption \n(A) In general \nNotwithstanding paragraphs (1) and (3), each agency operating or exercising control of a national security system shall share information about an incident that occurs exclusively on a national security system with the Secretary of Defense, the Director, the National Cyber Director, and the Director of the Cybersecurity and Infrastructure Security Agency to the extent consistent with standards and guidelines for national security systems issued in accordance with law and as directed by the President. (B) Protections \nAny information sharing and handling of information under this paragraph shall be appropriately protected consistent with procedures authorized for the protection of sensitive sources and methods or by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy. (b) Automation \nIn providing information and selecting a method to provide information under subsection (a), the head of each agency shall implement subsection (a)(1) in a manner that provides such information to the Cybersecurity and Infrastructure Security Agency in an automated and machine-readable format, to the greatest extent practicable. (c) Incident response \nEach agency that has a reasonable basis to suspect or conclude that a major incident occurred involving Federal information in electronic medium or form that does not exclusively involve a national security system shall coordinate with— (1) the Cybersecurity and Infrastructure Security Agency to facilitate asset response activities and provide recommendations for mitigating future incidents; and (2) consistent with relevant policies, appropriate Federal law enforcement agencies to facilitate threat response activities. 3595. Responsibilities of contractors and awardees \n(a) Reporting \n(1) In general \nAny contractor or awardee of an agency shall report to the agency if the contractor or awardee has a reasonable basis to conclude that— (A) an incident or breach has occurred with respect to Federal information the contractor or awardee collected, used, or maintained on behalf of an agency; (B) an incident or breach has occurred with respect to a Federal information system used, operated, managed, or maintained on behalf of an agency by the contractor or awardee; (C) a component of any Federal information system operated, managed, or maintained by a contractor or awardee contains a security vulnerability, including a supply chain compromise or an identified software or hardware vulnerability, for which there is reliable evidence of attempted or successful exploitation of the vulnerability by an actor without authorization of the Federal information system owner; or (D) the contractor or awardee has received personally identifiable information, personal health information, or other clearly sensitive information that is beyond the scope of the contract or agreement with the agency from the agency that the contractor or awardee is not authorized to receive. (2) Third-party reports of vulnerabilities \nSubject to the guidance issued by the Director pursuant to paragraph (4), any contractor or awardee of an agency shall report to the agency and the Cybersecurity and Infrastructure Security Agency if the contractor or awardee has a reasonable basis to suspect or conclude that a component of any Federal information system operated, managed, or maintained on behalf of an agency by the contractor or awardee on behalf of the agency contains a security vulnerability, including a supply chain compromise or an identified software or hardware vulnerability, that has been reported to the contractor or awardee by a third party, including through a vulnerability disclosure program. (3) Procedures \n(A) Sharing with CISA \nAs soon as practicable following a report of an incident to an agency by a contractor or awardee under paragraph (1), the head of the agency shall provide, pursuant to section 3594, information about the incident to the Director of the Cybersecurity and Infrastructure Security Agency. (B) Time for reporting \nUnless a different time for reporting is specified in a contract, grant, cooperative agreement, or other transaction agreement, a contractor or awardee shall— (i) make a report required under paragraph (1) not later than 1 day after the date on which the contractor or awardee has reasonable basis to suspect or conclude that the criteria under paragraph (1) have been met; and (ii) make a report required under paragraph (2) within a reasonable time, but not later than 90 days after the date on which the contractor or awardee has reasonable basis to suspect or conclude that the criteria under paragraph (2) have been met. (C) Procedures \nFollowing a report of a breach or incident to an agency by a contractor or awardee under paragraph (1), the head of the agency, in consultation with the contractor or awardee, shall carry out the applicable requirements under sections 3592, 3593, and 3594 with respect to the breach or incident. (D) Rule of construction \nNothing in subparagraph (B) shall be construed to allow the negation of the requirements to report vulnerabilities under paragraph (1) or (2) through a contract, grant, cooperative agreement, or other transaction agreement. (4) Guidance \nThe Director shall issue guidance to agencies relating to the scope of vulnerabilities to be reported under paragraph (2), such as the minimum severity of a vulnerability required to be reported or whether vulnerabilities that are already publicly disclosed must be reported. (b) Regulations; modifications \n(1) In general \nNot later than 1 year after the date of enactment of the Federal Information Security Modernization Act of 2023 — (A) the Federal Acquisition Regulatory Council shall promulgate regulations, as appropriate, relating to the responsibilities of contractors and recipients of other transaction agreements and cooperative agreements to comply with this section; and (B) the Office of Federal Financial Management shall promulgate regulations under title 2, Code Federal Regulations, as appropriate, relating to the responsibilities of grantees to comply with this section. (2) Implementation \nNot later than 1 year after the date on which the Federal Acquisition Regulatory Council and the Office of Federal Financial Management promulgates regulations under paragraph (1), the head of each agency shall implement policies and procedures, as appropriate, necessary to implement those regulations. (3) Congressional notification \n(A) In general \nThe head of each agency head shall notify the Director upon implementation of policies and procedures necessary to implement the regulations promulgated under paragraph (1). (B) OMB notification \nNot later than 30 days after the date described in paragraph (2), the Director shall notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committees on Oversight and Accountability and Homeland Security of the House of Representatives on the status of the implementation by each agency of the regulations promulgated under paragraph (1). (c) National security systems exemption \nNotwithstanding any other provision of this section, a contractor or awardee of an agency that would be required to report an incident or vulnerability pursuant to this section that occurs exclusively on a national security system shall— (1) report the incident or vulnerability to the head of the agency and the Secretary of Defense; and (2) comply with applicable laws and policies relating to national security systems. 3596. Training \n(a) Covered individual defined \nIn this section, the term covered individual means an individual who obtains access to a Federal information system because of the status of the individual as— (1) an employee, contractor, awardee, volunteer, or intern of an agency; or (2) an employee of a contractor or awardee of an agency. (b) Best practices and consistency \nThe Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, the National Cyber Director, and the Director of the National Institute of Standards and Technology, shall develop best practices to support consistency across agencies in cybersecurity incident response training, including— (1) information to be collected and shared with the Cybersecurity and Infrastructure Security Agency pursuant to section 3594(a) and processes for sharing such information; and (2) appropriate training and qualifications for cyber incident responders. (c) Agency training \nThe head of each agency shall develop training for covered individuals on how to identify and respond to an incident, including— (1) the internal process of the agency for reporting an incident; and (2) the obligation of a covered individual to report to the agency any suspected or confirmed incident involving Federal information in any medium or form, including paper, oral, and electronic. (d) Inclusion in annual training \nThe training developed under subsection (c) may be included as part of an annual privacy, security awareness, or other appropriate training of an agency. 3597. Analysis and report on Federal incidents \n(a) Analysis of Federal incidents \n(1) Quantitative and qualitative analyses \nThe Director of the Cybersecurity and Infrastructure Security Agency shall perform and, in coordination with the Director and the National Cyber Director, develop, continuous monitoring and quantitative and qualitative analyses of incidents at agencies, including major incidents, including— (A) the causes of incidents, including— (i) attacker tactics, techniques, and procedures; and (ii) system vulnerabilities, including zero days, unpatched systems, and information system misconfigurations; (B) the scope and scale of incidents at agencies; (C) common root causes of incidents across multiple agencies; (D) agency incident response, recovery, and remediation actions and the effectiveness of those actions, as applicable; (E) lessons learned and recommendations in responding to, recovering from, remediating, and mitigating future incidents; and (F) trends across multiple agencies to address intrusion detection and incident response capabilities using the metrics established under section 224(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1522(c) ). (2) Automated analysis \nThe analyses developed under paragraph (1) shall, to the greatest extent practicable, use machine readable data, automation, and machine learning processes. (3) Sharing of data and analysis \n(A) In general \nThe Director of the Cybersecurity and Infrastructure Security Agency shall share on an ongoing basis the analyses and underlying data required under this subsection with agencies, the Director, and the National Cyber Director to— (i) improve the understanding of cybersecurity risk of agencies; and (ii) support the cybersecurity improvement efforts of agencies. (B) Format \nIn carrying out subparagraph (A), the Director of the Cybersecurity and Infrastructure Security Agency shall share the analyses— (i) in human-readable written products; and (ii) to the greatest extent practicable, in machine-readable formats in order to enable automated intake and use by agencies. (C) Exemption \nThis subsection shall not apply to incidents that occur exclusively on national security systems. (b) Annual report on Federal incidents \nNot later than 2 years after the date of enactment of this section, and not less frequently than annually thereafter, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, the National Cyber Director and the heads of other agencies, as appropriate, shall submit to the appropriate reporting entities a report that includes— (1) a summary of causes of incidents from across the Federal Government that categorizes those incidents as incidents or major incidents; (2) the quantitative and qualitative analyses of incidents developed under subsection (a)(1) on an agency-by-agency basis and comprehensively across the Federal Government, including— (A) a specific analysis of breaches; and (B) an analysis of the Federal Government’s performance against the metrics established under section 224(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1522(c) ); and (3) an annex for each agency that includes— (A) a description of each major incident; (B) the total number of incidents of the agency; and (C) an analysis of the agency’s performance against the metrics established under section 224(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1522(c) ). (c) Publication \n(1) In general \nThe Director of the Cybersecurity and Infrastructure Security Agency shall make a version of each report submitted under subsection (b) publicly available on the website of the Cybersecurity and Infrastructure Security Agency during the year during which the report is submitted. (2) Exemption \nThe publication requirement under paragraph (1) shall not apply to a portion of a report that contains content that should be protected in the interest of national security, as determined by the Director, the Director of the Cybersecurity and Infrastructure Security Agency, or the National Cyber Director. (3) Limitation on exemption \nThe exemption under paragraph (2) shall not apply to any version of a report submitted to the appropriate reporting entities under subsection (b). (4) Requirement for compiling information \n(A) Compilation \nSubject to subparagraph (B), in making a report publicly available under paragraph (1), the Director of the Cybersecurity and Infrastructure Security Agency shall sufficiently compile information so that no specific incident of an agency can be identified. (B) Exception \nThe Director of the Cybersecurity and Infrastructure Security Agency may include information that enables a specific incident of an agency to be identified in a publicly available report— (i) with the concurrence of the Director and the National Cyber Director; (ii) in consultation with the impacted agency; and (iii) in consultation with the inspector general of the impacted agency. (d) Information provided by agencies \n(1) In general \nThe analysis required under subsection (a) and each report submitted under subsection (b) shall use information provided by agencies under section 3594(a). (2) Noncompliance reports \nDuring any year during which the head of an agency does not provide data for an incident to the Cybersecurity and Infrastructure Security Agency in accordance with section 3594(a), the head of the agency, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency and the Director, shall submit to the appropriate reporting entities a report that includes the information described in subsection (b) with respect to the agency. (e) National security system reports \n(1) In general \nNotwithstanding any other provision of this section, the Secretary of Defense, in consultation with the Director, the National Cyber Director, the Director of National Intelligence, and the Director of Cybersecurity and Infrastructure Security shall annually submit a report that includes the information described in subsection (b) with respect to national security systems, to the extent that the submission is consistent with standards and guidelines for national security systems issued in accordance with law and as directed by the President, to— (A) the majority and minority leaders of the Senate, (B) the Speaker and minority leader of the House of Representatives; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Select Committee on Intelligence of the Senate; (E) the Committee on Armed Services of the Senate; (F) the Committee on Appropriations of the Senate; (G) the Committee on Oversight and Accountability of the House of Representatives; (H) the Committee on Homeland Security of the House of Representatives; (I) the Permanent Select Committee on Intelligence of the House of Representatives; (J) the Committee on Armed Services of the House of Representatives; and (K) the Committee on Appropriations of the House of Representatives. (2) Classified form \nA report required under paragraph (1) may be submitted in a classified form. 3598. Major incident definition \n(a) In general \nNot later than 1 year after the later of the date of enactment of the Federal Information Security Modernization Act of 2023 and the most recent publication by the Director of guidance to agencies regarding major incidents as of the date of enactment of the Federal Information Security Modernization Act of 2023 , the Director shall develop, in coordination with the National Cyber Director, and promulgate guidance on the definition of the term major incident for the purposes of subchapter II and this subchapter. (b) Requirements \nWith respect to the guidance issued under subsection (a), the definition of the term major incident shall— (1) include, with respect to any information collected or maintained by or on behalf of an agency or a Federal information system— (A) any incident the head of the agency determines is likely to result in demonstrable harm to— (i) the national security interests, foreign relations, homeland security, or economic security of the United States; or (ii) the civil liberties, public confidence, privacy, or public health and safety of the people of the United States; (B) any incident the head of the agency determines likely to result in an inability or substantial disruption for the agency, a component of the agency, or the Federal Government, to provide 1 or more critical services; (C) any incident the head of the agency determines substantially disrupts or substantially degrades the operations of a high value asset owned or operated by the agency; (D) any incident involving the exposure to a foreign entity of sensitive agency information, such as the communications of the head of the agency, the head of a component of the agency, or the direct reports of the head of the agency or the head of a component of the agency; and (E) any other type of incident determined appropriate by the Director; (2) stipulate that the National Cyber Director, in consultation with the Director and the Director of the Cybersecurity and Infrastructure Security Agency, may declare a major incident at any agency, and such a declaration shall be considered if it is determined that an incident— (A) occurs at not less than 2 agencies; and (B) is enabled by— (i) a common technical root cause, such as a supply chain compromise, or a common software or hardware vulnerability; or (ii) the related activities of a common threat actor; (3) stipulate that, in determining whether an incident constitutes a major incident under the standards described in paragraph (1), the head of the agency shall consult with the National Cyber Director; and (4) stipulate that the mere report of a vulnerability discovered or disclosed without a loss of confidentiality, integrity, or availability shall not on its own constitute a major incident. (c) Evaluation and updates \nNot later than 60 days after the date on which the Director first promulgates the guidance required under subsection (a), and not less frequently than once during the first 90 days of each evenly numbered Congress thereafter, the Director shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committees on Oversight and Accountability and Homeland Security of the House of Representatives a briefing that includes— (1) an evaluation of any necessary updates to the guidance; (2) an evaluation of any necessary updates to the definition of the term major incident included in the guidance; and (3) an explanation of, and the analysis that led to, the definition described in paragraph (2).. (2) Clerical amendment \nThe table of sections for chapter 35 of title 44, United States Code, is amended by adding at the end the following: SUBCHAPTER IV—Federal system incident response 3591. Definitions. 3592. Notification of breach. 3593. Congressional and Executive Branch reports. 3594. Government information sharing and incident response. 3595. Responsibilities of contractors and awardees. 3596. Training. 3597. Analysis and report on Federal incidents. 3598. Major incident definition..", "id": "id575d5aae73c34cafaa0ca35823cf86e6", "header": "Federal system incident response", "nested": [], "links": [ { "text": "Chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" }, { "text": "15 U.S.C. 1681a(p)", "legal-doc": "usc", "parsable-cite": "usc/15/1681a" }, { "text": "6 U.S.C. 1522(c)", "legal-doc": "usc", "parsable-cite": "usc/6/1522" }, { "text": "6 U.S.C. 1522(c)", "legal-doc": "usc", "parsable-cite": "usc/6/1522" }, { "text": "6 U.S.C. 1522(c)", "legal-doc": "usc", "parsable-cite": "usc/6/1522" }, { "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": "6 U.S.C. 511(c)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/6/511" }, { "text": "15 U.S.C. 5527(a)", "legal-doc": "usc", "parsable-cite": "usc/15/5527" }, { "text": "10 U.S.C. 2224", "legal-doc": "usc", "parsable-cite": "usc/10/2224" }, { "text": "Public Law 111–383", "legal-doc": "public-law", "parsable-cite": "pl/111/383" }, { "text": "10 U.S.C. 2304", "legal-doc": "usc", "parsable-cite": "usc/10/2304" }, { "text": "10 U.S.C. 2223", "legal-doc": "usc", "parsable-cite": "usc/10/2223" }, { "text": "10 U.S.C. 2224", "legal-doc": "usc", "parsable-cite": "usc/10/2224" }, { "text": "44 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/44/3501" }, { "text": "15 U.S.C. 278g–3", "legal-doc": "usc", "parsable-cite": "usc/15/278g-3" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "15 U.S.C. 278g–3(a)", "legal-doc": "usc", "parsable-cite": "usc/15/278g-3" }, { "text": "6 U.S.C. 1522(c)", "legal-doc": "usc", "parsable-cite": "usc/6/1522" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "6 U.S.C. 1524(c)", "legal-doc": "usc", "parsable-cite": "usc/6/1524" }, { "text": "15 U.S.C. 278g–3(d)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/278g-3" }, { "text": "Chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" }, { "text": "15 U.S.C. 1681a(p)", "legal-doc": "usc", "parsable-cite": "usc/15/1681a" }, { "text": "6 U.S.C. 1522(c)", "legal-doc": "usc", "parsable-cite": "usc/6/1522" }, { "text": "6 U.S.C. 1522(c)", "legal-doc": "usc", "parsable-cite": "usc/6/1522" }, { "text": "6 U.S.C. 1522(c)", "legal-doc": "usc", "parsable-cite": "usc/6/1522" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] }, { "text": "3591. Definitions \n(a) In general \nExcept as provided in subsection (b), the definitions under sections 3502 and 3552 shall apply to this subchapter. (b) Additional definitions \nAs used in this subchapter: (1) Appropriate reporting entities \nThe term appropriate reporting entities means— (A) the majority and minority leaders of the Senate; (B) the Speaker and minority leader of the House of Representatives; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Commerce, Science, and Transportation of the Senate; (E) the Committee on Oversight and Accountability of the House of Representatives; (F) the Committee on Homeland Security of the House of Representatives; (G) the Committee on Science, Space, and Technology of the House of Representatives; (H) the appropriate authorization and appropriations committees of Congress; (I) the Director; (J) the Director of the Cybersecurity and Infrastructure Security Agency; (K) the National Cyber Director; (L) the Comptroller General of the United States; and (M) the inspector general of any impacted agency. (2) Awardee \nThe term awardee , with respect to an agency— (A) means— (i) the recipient of a grant from an agency; (ii) a party to a cooperative agreement with an agency; and (iii) a party to an other transaction agreement with an agency; and (B) includes a subawardee of an entity described in subparagraph (A). (3) Breach \nThe term breach — (A) means the compromise, unauthorized disclosure, unauthorized acquisition, or loss of control of personally identifiable information or any similar occurrence; and (B) includes any additional meaning given the term in policies, principles, standards, or guidelines issued by the Director. (4) Contractor \nThe term contractor means a prime contractor of an agency or a subcontractor of a prime contractor of an agency that creates, collects, stores, processes, maintains, or transmits Federal information on behalf of an agency. (5) Federal information \nThe term Federal information means information created, collected, processed, maintained, disseminated, disclosed, or disposed of by or for the Federal Government in any medium or form. (6) Federal information system \nThe term Federal information system means an information system owned, managed, or operated by an agency, or on behalf of an agency by a contractor, an awardee, or another organization. (7) Intelligence community \nThe term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (8) Nationwide consumer reporting agency \nThe term nationwide consumer reporting agency means a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(p) ). (9) Vulnerability disclosure \nThe term vulnerability disclosure means a vulnerability identified under section 3559B.", "id": "id97741c148d3445e7a63932484e84d90f", "header": "Definitions", "nested": [ { "text": "(a) In general \nExcept as provided in subsection (b), the definitions under sections 3502 and 3552 shall apply to this subchapter.", "id": "id329da948c669442a9008ad56cdaddd96", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Additional definitions \nAs used in this subchapter: (1) Appropriate reporting entities \nThe term appropriate reporting entities means— (A) the majority and minority leaders of the Senate; (B) the Speaker and minority leader of the House of Representatives; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Commerce, Science, and Transportation of the Senate; (E) the Committee on Oversight and Accountability of the House of Representatives; (F) the Committee on Homeland Security of the House of Representatives; (G) the Committee on Science, Space, and Technology of the House of Representatives; (H) the appropriate authorization and appropriations committees of Congress; (I) the Director; (J) the Director of the Cybersecurity and Infrastructure Security Agency; (K) the National Cyber Director; (L) the Comptroller General of the United States; and (M) the inspector general of any impacted agency. (2) Awardee \nThe term awardee , with respect to an agency— (A) means— (i) the recipient of a grant from an agency; (ii) a party to a cooperative agreement with an agency; and (iii) a party to an other transaction agreement with an agency; and (B) includes a subawardee of an entity described in subparagraph (A). (3) Breach \nThe term breach — (A) means the compromise, unauthorized disclosure, unauthorized acquisition, or loss of control of personally identifiable information or any similar occurrence; and (B) includes any additional meaning given the term in policies, principles, standards, or guidelines issued by the Director. (4) Contractor \nThe term contractor means a prime contractor of an agency or a subcontractor of a prime contractor of an agency that creates, collects, stores, processes, maintains, or transmits Federal information on behalf of an agency. (5) Federal information \nThe term Federal information means information created, collected, processed, maintained, disseminated, disclosed, or disposed of by or for the Federal Government in any medium or form. (6) Federal information system \nThe term Federal information system means an information system owned, managed, or operated by an agency, or on behalf of an agency by a contractor, an awardee, or another organization. (7) Intelligence community \nThe term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (8) Nationwide consumer reporting agency \nThe term nationwide consumer reporting agency means a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(p) ). (9) Vulnerability disclosure \nThe term vulnerability disclosure means a vulnerability identified under section 3559B.", "id": "id377d4572a53a41d79fa0bc788625177e", "header": "Additional definitions", "nested": [], "links": [ { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" }, { "text": "15 U.S.C. 1681a(p)", "legal-doc": "usc", "parsable-cite": "usc/15/1681a" } ] } ], "links": [ { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" }, { "text": "15 U.S.C. 1681a(p)", "legal-doc": "usc", "parsable-cite": "usc/15/1681a" } ] }, { "text": "3592. Notification of breach \n(a) Definition \nIn this section, the term covered breach means a breach— (1) involving not less than 50,000 potentially affected individuals; or (2) the result of which the head of an agency determines that notifying potentially affected individuals is necessary pursuant to subsection (b)(1), regardless of whether— (A) the number of potentially affected individuals is less than 50,000; or (B) the notification is delayed under subsection (d). (b) Notification \nAs expeditiously as practicable and without unreasonable delay, and in any case not later than 45 days after an agency has a reasonable basis to conclude that a breach has occurred, the head of the agency, in consultation with the Chief Information Officer and Chief Privacy Officer of the agency, shall— (1) determine whether notice to any individual potentially affected by the breach is appropriate, including by conducting an assessment of the risk of harm to the individual that considers— (A) the nature and sensitivity of the personally identifiable information affected by the breach; (B) the likelihood of access to and use of the personally identifiable information affected by the breach; (C) the type of breach; and (D) any other factors determined by the Director; and (2) if the head of the agency determines notification is necessary pursuant to paragraph (1), provide written notification in accordance with subsection (c) to each individual potentially affected by the breach— (A) to the last known mailing address of the individual; or (B) through an appropriate alternative method of notification. (c) Contents of notification \nEach notification of a breach provided to an individual under subsection (b)(2) shall include, to the maximum extent practicable— (1) a brief description of the breach; (2) if possible, a description of the types of personally identifiable information affected by the breach; (3) contact information of the agency that may be used to ask questions of the agency, which— (A) shall include an e-mail address or another digital contact mechanism; and (B) may include a telephone number, mailing address, or a website; (4) information on any remedy being offered by the agency; (5) any applicable educational materials relating to what individuals can do in response to a breach that potentially affects their personally identifiable information, including relevant contact information for the appropriate Federal law enforcement agencies and each nationwide consumer reporting agency; and (6) any other appropriate information, as determined by the head of the agency or established in guidance by the Director. (d) Delay of notification \n(1) In general \nThe head of an agency, in coordination with the Director and the National Cyber Director, and as appropriate, the Attorney General, the Director of National Intelligence, or the Secretary of Homeland Security, may delay a notification required under subsection (b) or (e) if the notification would— (A) impede a criminal investigation or a national security activity; (B) cause an adverse result (as described in section 2705(a)(2) of title 18); (C) reveal sensitive sources and methods; (D) cause damage to national security; or (E) hamper security remediation actions. (2) Renewal \nA delay under paragraph (1) shall be for a period of 60 days and may be renewed. (3) National security systems \nThe head of an agency delaying notification under this subsection with respect to a breach exclusively of a national security system shall coordinate such delay with the Secretary of Defense. (e) Update notification \nIf an agency determines there is a significant change in the reasonable basis to conclude that a breach occurred, a significant change to the determination made under subsection (b)(1), or that it is necessary to update the details of the information provided to potentially affected individuals as described in subsection (c), the agency shall as expeditiously as practicable and without unreasonable delay, and in any case not later than 30 days after such a determination, notify each individual who received a notification pursuant to subsection (b) of those changes. (f) Delay of notification report \n(1) In general \nNot later than 1 year after the date of enactment of the Federal Information Security Modernization Act of 2023 , and annually thereafter, the head of an agency, in coordination with any official who delays a notification under subsection (d), shall submit to the appropriate reporting entities a report on each delay that occurred during the previous 2 years. (2) Component of other report \nThe head of an agency may submit the report required under paragraph (1) as a component of the report submitted under section 3554(c). (g) Congressional reporting requirements \n(1) Review and update \nOn a periodic basis, the Director of the Office of Management and Budget shall review, and update as appropriate, breach notification policies and guidelines for agencies. (2) Required notice from agencies \nSubject to paragraph (4), the Director of the Office of Management and Budget shall require the head of an agency affected by a covered breach to expeditiously and not later than 30 days after the date on which the agency discovers the covered breach give notice of the breach, which may be provided electronically, to— (A) each congressional committee described in section 3554(c)(1); and (B) the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (3) Contents of notice \nNotice of a covered breach provided by the head of an agency pursuant to paragraph (2) shall include, to the extent practicable— (A) information about the covered breach, including a summary of any information about how the covered breach occurred known by the agency as of the date of the notice; (B) an estimate of the number of individuals affected by covered the breach based on information known by the agency as of the date of the notice, including an assessment of the risk of harm to affected individuals; (C) a description of any circumstances necessitating a delay in providing notice to individuals affected by the covered breach in accordance with subsection (d); and (D) an estimate of when the agency will provide notice to individuals affected by the covered breach, if applicable. (4) Exception \nAny agency that is required to provide notice to Congress pursuant to paragraph (2) due to a covered breach exclusively on a national security system shall only provide such notice to— (A) the majority and minority leaders of the Senate; (B) the Speaker and minority leader of the House of Representatives; (C) the appropriations committees of Congress; (D) the Committee on Homeland Security and Governmental Affairs of the Senate; (E) the Select Committee on Intelligence of the Senate; (F) the Committee on Oversight and Accountability of the House of Representatives; and (G) the Permanent Select Committee on Intelligence of the House of Representatives. (5) Rule of construction \nNothing in paragraphs (1) through (3) shall be construed to alter any authority of an agency. (h) Rule of construction \nNothing in this section shall be construed to— (1) limit— (A) the authority of the Director to issue guidance relating to notifications of, or the head of an agency to notify individuals potentially affected by, breaches that are not determined to be covered breaches or major incidents; (B) the authority of the Director to issue guidance relating to notifications and reporting of breaches, covered breaches, or major incidents; (C) the authority of the head of an agency to provide more information than required under subsection (b) when notifying individuals potentially affected by a breach; (D) the timing of incident reporting or the types of information included in incident reports provided, pursuant to this subchapter, to— (i) the Director; (ii) the National Cyber Director; (iii) the Director of the Cybersecurity and Infrastructure Security Agency; or (iv) any other agency; (E) the authority of the head of an agency to provide information to Congress about agency breaches, including— (i) breaches that are not covered breaches; and (ii) additional information beyond the information described in subsection (g)(3); or (F) any Congressional reporting requirements of agencies under any other law; or (2) limit or supersede any existing privacy protections in existing law.", "id": "id78ca636c765140579889407acb629b95", "header": "Notification of breach", "nested": [ { "text": "(a) Definition \nIn this section, the term covered breach means a breach— (1) involving not less than 50,000 potentially affected individuals; or (2) the result of which the head of an agency determines that notifying potentially affected individuals is necessary pursuant to subsection (b)(1), regardless of whether— (A) the number of potentially affected individuals is less than 50,000; or (B) the notification is delayed under subsection (d).", "id": "id694748cac9b145d399c88c598fe758b6", "header": "Definition", "nested": [], "links": [] }, { "text": "(b) Notification \nAs expeditiously as practicable and without unreasonable delay, and in any case not later than 45 days after an agency has a reasonable basis to conclude that a breach has occurred, the head of the agency, in consultation with the Chief Information Officer and Chief Privacy Officer of the agency, shall— (1) determine whether notice to any individual potentially affected by the breach is appropriate, including by conducting an assessment of the risk of harm to the individual that considers— (A) the nature and sensitivity of the personally identifiable information affected by the breach; (B) the likelihood of access to and use of the personally identifiable information affected by the breach; (C) the type of breach; and (D) any other factors determined by the Director; and (2) if the head of the agency determines notification is necessary pursuant to paragraph (1), provide written notification in accordance with subsection (c) to each individual potentially affected by the breach— (A) to the last known mailing address of the individual; or (B) through an appropriate alternative method of notification.", "id": "id0b2d0ab1fd78448f88a09422c29e0796", "header": "Notification", "nested": [], "links": [] }, { "text": "(c) Contents of notification \nEach notification of a breach provided to an individual under subsection (b)(2) shall include, to the maximum extent practicable— (1) a brief description of the breach; (2) if possible, a description of the types of personally identifiable information affected by the breach; (3) contact information of the agency that may be used to ask questions of the agency, which— (A) shall include an e-mail address or another digital contact mechanism; and (B) may include a telephone number, mailing address, or a website; (4) information on any remedy being offered by the agency; (5) any applicable educational materials relating to what individuals can do in response to a breach that potentially affects their personally identifiable information, including relevant contact information for the appropriate Federal law enforcement agencies and each nationwide consumer reporting agency; and (6) any other appropriate information, as determined by the head of the agency or established in guidance by the Director.", "id": "idd47f4ff64c2a443abff01f97799a3121", "header": "Contents of notification", "nested": [], "links": [] }, { "text": "(d) Delay of notification \n(1) In general \nThe head of an agency, in coordination with the Director and the National Cyber Director, and as appropriate, the Attorney General, the Director of National Intelligence, or the Secretary of Homeland Security, may delay a notification required under subsection (b) or (e) if the notification would— (A) impede a criminal investigation or a national security activity; (B) cause an adverse result (as described in section 2705(a)(2) of title 18); (C) reveal sensitive sources and methods; (D) cause damage to national security; or (E) hamper security remediation actions. (2) Renewal \nA delay under paragraph (1) shall be for a period of 60 days and may be renewed. (3) National security systems \nThe head of an agency delaying notification under this subsection with respect to a breach exclusively of a national security system shall coordinate such delay with the Secretary of Defense.", "id": "id5220446e8bcf43feb125dacdb5376045", "header": "Delay of notification", "nested": [], "links": [] }, { "text": "(e) Update notification \nIf an agency determines there is a significant change in the reasonable basis to conclude that a breach occurred, a significant change to the determination made under subsection (b)(1), or that it is necessary to update the details of the information provided to potentially affected individuals as described in subsection (c), the agency shall as expeditiously as practicable and without unreasonable delay, and in any case not later than 30 days after such a determination, notify each individual who received a notification pursuant to subsection (b) of those changes.", "id": "id42ef8020344f4379a1af91eaab8feef9", "header": "Update notification", "nested": [], "links": [] }, { "text": "(f) Delay of notification report \n(1) In general \nNot later than 1 year after the date of enactment of the Federal Information Security Modernization Act of 2023 , and annually thereafter, the head of an agency, in coordination with any official who delays a notification under subsection (d), shall submit to the appropriate reporting entities a report on each delay that occurred during the previous 2 years. (2) Component of other report \nThe head of an agency may submit the report required under paragraph (1) as a component of the report submitted under section 3554(c).", "id": "id7c26774686d841daa83bc4f447e5b534", "header": "Delay of notification report", "nested": [], "links": [] }, { "text": "(g) Congressional reporting requirements \n(1) Review and update \nOn a periodic basis, the Director of the Office of Management and Budget shall review, and update as appropriate, breach notification policies and guidelines for agencies. (2) Required notice from agencies \nSubject to paragraph (4), the Director of the Office of Management and Budget shall require the head of an agency affected by a covered breach to expeditiously and not later than 30 days after the date on which the agency discovers the covered breach give notice of the breach, which may be provided electronically, to— (A) each congressional committee described in section 3554(c)(1); and (B) the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (3) Contents of notice \nNotice of a covered breach provided by the head of an agency pursuant to paragraph (2) shall include, to the extent practicable— (A) information about the covered breach, including a summary of any information about how the covered breach occurred known by the agency as of the date of the notice; (B) an estimate of the number of individuals affected by covered the breach based on information known by the agency as of the date of the notice, including an assessment of the risk of harm to affected individuals; (C) a description of any circumstances necessitating a delay in providing notice to individuals affected by the covered breach in accordance with subsection (d); and (D) an estimate of when the agency will provide notice to individuals affected by the covered breach, if applicable. (4) Exception \nAny agency that is required to provide notice to Congress pursuant to paragraph (2) due to a covered breach exclusively on a national security system shall only provide such notice to— (A) the majority and minority leaders of the Senate; (B) the Speaker and minority leader of the House of Representatives; (C) the appropriations committees of Congress; (D) the Committee on Homeland Security and Governmental Affairs of the Senate; (E) the Select Committee on Intelligence of the Senate; (F) the Committee on Oversight and Accountability of the House of Representatives; and (G) the Permanent Select Committee on Intelligence of the House of Representatives. (5) Rule of construction \nNothing in paragraphs (1) through (3) shall be construed to alter any authority of an agency.", "id": "id75016646628f4671a4e87c805e9ef761", "header": "Congressional reporting requirements", "nested": [], "links": [] }, { "text": "(h) Rule of construction \nNothing in this section shall be construed to— (1) limit— (A) the authority of the Director to issue guidance relating to notifications of, or the head of an agency to notify individuals potentially affected by, breaches that are not determined to be covered breaches or major incidents; (B) the authority of the Director to issue guidance relating to notifications and reporting of breaches, covered breaches, or major incidents; (C) the authority of the head of an agency to provide more information than required under subsection (b) when notifying individuals potentially affected by a breach; (D) the timing of incident reporting or the types of information included in incident reports provided, pursuant to this subchapter, to— (i) the Director; (ii) the National Cyber Director; (iii) the Director of the Cybersecurity and Infrastructure Security Agency; or (iv) any other agency; (E) the authority of the head of an agency to provide information to Congress about agency breaches, including— (i) breaches that are not covered breaches; and (ii) additional information beyond the information described in subsection (g)(3); or (F) any Congressional reporting requirements of agencies under any other law; or (2) limit or supersede any existing privacy protections in existing law.", "id": "idc3bcd615b0be42239d460263f1a0f7b7", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [] }, { "text": "3593. Congressional and Executive Branch reports on major incidents \n(a) Appropriate congressional entities \nIn this section, the term appropriate congressional entities means— (1) the majority and minority leaders of the Senate; (2) the Speaker and minority leader of the House of Representatives; (3) the Committee on Homeland Security and Governmental Affairs of the Senate; (4) the Committee on Commerce, Science, and Transportation of the Senate; (5) the Committee on Oversight and Accountability of the House of Representatives; (6) the Committee on Homeland Security of the House of Representatives; (7) the Committee on Science, Space, and Technology of the House of Representatives; and (8) the appropriate authorization and appropriations committees of Congress (b) Initial notification \n(1) In general \nNot later than 72 hours after an agency has a reasonable basis to conclude that a major incident occurred, the head of the agency impacted by the major incident shall submit to the appropriate reporting entities a written notification, which may be submitted electronically and include 1 or more annexes that contain classified or other sensitive information, as appropriate. (2) Contents \nA notification required under paragraph (1) with respect to a major incident shall include the following, based on information available to agency officials as of the date on which the agency submits the notification: (A) A summary of the information available about the major incident, including how the major incident occurred and the threat causing the major incident. (B) If applicable, information relating to any breach associated with the major incident, regardless of whether— (i) the breach was the reason the incident was determined to be a major incident; and (ii) head of the agency determined it was appropriate to provide notification to potentially impacted individuals pursuant to section 3592(b)(1). (C) A preliminary assessment of the impacts to— (i) the agency; (ii) the Federal Government; (iii) the national security, foreign relations, homeland security, and economic security of the United States; and (iv) the civil liberties, public confidence, privacy, and public health and safety of the people of the United States. (D) If applicable, whether any ransom has been demanded or paid, or is expected to be paid, by any entity operating a Federal information system or with access to Federal information or a Federal information system, including, as available, the name of the entity demanding ransom, the date of the demand, and the amount and type of currency demanded, unless disclosure of such information will disrupt an active Federal law enforcement or national security operation. (c) Supplemental update \nWithin a reasonable amount of time, but not later than 30 days after the date on which the head of an agency submits a written notification under subsection (a), the head of the agency shall provide to the appropriate congressional entities an unclassified and written update, which may include 1 or more annexes that contain classified or other sensitive information, as appropriate, on the major incident, based on information available to agency officials as of the date on which the agency provides the update, on— (1) system vulnerabilities relating to the major incident, where applicable, means by which the major incident occurred, the threat causing the major incident, where applicable, and impacts of the major incident to— (A) the agency; (B) other Federal agencies, Congress, or the judicial branch; (C) the national security, foreign relations, homeland security, or economic security of the United States; or (D) the civil liberties, public confidence, privacy, or public health and safety of the people of the United States; (2) the status of compliance of the affected Federal information system with applicable security requirements at the time of the major incident; (3) if the major incident involved a breach, a description of the affected information, an estimate of the number of individuals potentially impacted, and any assessment to the risk of harm to such individuals; (4) an update to the assessment of the risk to agency operations, or to impacts on other agency or non-Federal entity operations, affected by the major incident; and (5) the detection, response, and remediation actions of the agency, including any support provided by the Cybersecurity and Infrastructure Security Agency under section 3594(d), if applicable. (d) Additional update \nIf the head of an agency, the Director, or the National Cyber Director determines that there is any significant change in the understanding of the scope, scale, or consequence of a major incident for which the head of the agency submitted a written notification and update under subsections (b) and (c), the head of the agency shall submit to the appropriate congressional entities a written update that includes information relating to the change in understanding. (e) Biennial report \nEach agency shall submit as part of the biennial report required under section 3554(c)(1) a description of each major incident that occurred during the 2-year period preceding the date on which the biennial report is submitted. (f) Report delivery \n(1) In general \nAny written notification or update required to be submitted under this section— (A) shall be submitted in an electronic format; and (B) may be submitted in a paper format. (2) Classification status \nAny written notification or update required to be submitted under this section— (A) shall be— (i) unclassified; and (ii) submitted through unclassified electronic means pursuant to paragraph (1)(A); and (B) may include classified annexes, as appropriate. (g) Report consistency \nTo achieve consistent and coherent agency reporting to Congress, the National Cyber Director, in coordination with the Director, shall— (1) provide recommendations to agencies on formatting and the contents of information to be included in the reports required under this section, including recommendations for consistent formats for presenting any associated metrics; and (2) maintain a comprehensive record of each major incident notification, update, and briefing provided under this section, which shall— (A) include, at a minimum— (i) the full contents of the written notification or update; (ii) the identity of the reporting agency; and (iii) the date of submission; and (iv) a list of the recipient congressional entities; and (B) be made available upon request to the majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Accountability of the House of Representatives. (h) National security systems congressional reporting exemption \nWith respect to a major incident that occurs exclusively on a national security system, the head of the affected agency shall submit the notifications and reports required to be submitted to Congress under this section only to— (1) the majority and minority leaders of the Senate; (2) the Speaker and minority leader of the House of Representatives; (3) the appropriations committees of Congress; (4) the appropriate authorization committees of Congress; (5) the Committee on Homeland Security and Governmental Affairs of the Senate; (6) the Select Committee on Intelligence of the Senate; (7) the Committee on Oversight and Accountability of the House of Representatives; and (8) the Permanent Select Committee on Intelligence of the House of Representatives. (i) Major incidents including breaches \nIf a major incident constitutes a covered breach, as defined in section 3592(a), information on the covered breach required to be submitted to Congress pursuant to section 3592(g) may— (1) be included in the notifications required under subsection (b) or (c); or (2) be reported to Congress under the process established under section 3592(g). (j) Rule of construction \nNothing in this section shall be construed to— (1) limit— (A) the ability of an agency to provide additional reports or briefings to Congress; (B) Congress from requesting additional information from agencies through reports, briefings, or other means; (C) any congressional reporting requirements of agencies under any other law; or (2) limit or supersede any privacy protections under any other law.", "id": "id8b0338014eac48528696d14241eea1cf", "header": "Congressional and Executive Branch reports on major incidents", "nested": [ { "text": "(a) Appropriate congressional entities \nIn this section, the term appropriate congressional entities means— (1) the majority and minority leaders of the Senate; (2) the Speaker and minority leader of the House of Representatives; (3) the Committee on Homeland Security and Governmental Affairs of the Senate; (4) the Committee on Commerce, Science, and Transportation of the Senate; (5) the Committee on Oversight and Accountability of the House of Representatives; (6) the Committee on Homeland Security of the House of Representatives; (7) the Committee on Science, Space, and Technology of the House of Representatives; and (8) the appropriate authorization and appropriations committees of Congress", "id": "id63dc78d15fbb4671b30548d31e478840", "header": "Appropriate congressional entities", "nested": [], "links": [] }, { "text": "(b) Initial notification \n(1) In general \nNot later than 72 hours after an agency has a reasonable basis to conclude that a major incident occurred, the head of the agency impacted by the major incident shall submit to the appropriate reporting entities a written notification, which may be submitted electronically and include 1 or more annexes that contain classified or other sensitive information, as appropriate. (2) Contents \nA notification required under paragraph (1) with respect to a major incident shall include the following, based on information available to agency officials as of the date on which the agency submits the notification: (A) A summary of the information available about the major incident, including how the major incident occurred and the threat causing the major incident. (B) If applicable, information relating to any breach associated with the major incident, regardless of whether— (i) the breach was the reason the incident was determined to be a major incident; and (ii) head of the agency determined it was appropriate to provide notification to potentially impacted individuals pursuant to section 3592(b)(1). (C) A preliminary assessment of the impacts to— (i) the agency; (ii) the Federal Government; (iii) the national security, foreign relations, homeland security, and economic security of the United States; and (iv) the civil liberties, public confidence, privacy, and public health and safety of the people of the United States. (D) If applicable, whether any ransom has been demanded or paid, or is expected to be paid, by any entity operating a Federal information system or with access to Federal information or a Federal information system, including, as available, the name of the entity demanding ransom, the date of the demand, and the amount and type of currency demanded, unless disclosure of such information will disrupt an active Federal law enforcement or national security operation.", "id": "id0fa0a9a2cf1941a084fcdca5dd45a7ca", "header": "Initial notification", "nested": [], "links": [] }, { "text": "(c) Supplemental update \nWithin a reasonable amount of time, but not later than 30 days after the date on which the head of an agency submits a written notification under subsection (a), the head of the agency shall provide to the appropriate congressional entities an unclassified and written update, which may include 1 or more annexes that contain classified or other sensitive information, as appropriate, on the major incident, based on information available to agency officials as of the date on which the agency provides the update, on— (1) system vulnerabilities relating to the major incident, where applicable, means by which the major incident occurred, the threat causing the major incident, where applicable, and impacts of the major incident to— (A) the agency; (B) other Federal agencies, Congress, or the judicial branch; (C) the national security, foreign relations, homeland security, or economic security of the United States; or (D) the civil liberties, public confidence, privacy, or public health and safety of the people of the United States; (2) the status of compliance of the affected Federal information system with applicable security requirements at the time of the major incident; (3) if the major incident involved a breach, a description of the affected information, an estimate of the number of individuals potentially impacted, and any assessment to the risk of harm to such individuals; (4) an update to the assessment of the risk to agency operations, or to impacts on other agency or non-Federal entity operations, affected by the major incident; and (5) the detection, response, and remediation actions of the agency, including any support provided by the Cybersecurity and Infrastructure Security Agency under section 3594(d), if applicable.", "id": "idefeb7f10c7d0402fb36e71527bab1068", "header": "Supplemental update", "nested": [], "links": [] }, { "text": "(d) Additional update \nIf the head of an agency, the Director, or the National Cyber Director determines that there is any significant change in the understanding of the scope, scale, or consequence of a major incident for which the head of the agency submitted a written notification and update under subsections (b) and (c), the head of the agency shall submit to the appropriate congressional entities a written update that includes information relating to the change in understanding.", "id": "idcfc74ae6cefd4c4a8ced18e7fa957ff2", "header": "Additional update", "nested": [], "links": [] }, { "text": "(e) Biennial report \nEach agency shall submit as part of the biennial report required under section 3554(c)(1) a description of each major incident that occurred during the 2-year period preceding the date on which the biennial report is submitted.", "id": "id94ba2a8462294bcab0e61dfe0293b0dc", "header": "Biennial report", "nested": [], "links": [] }, { "text": "(f) Report delivery \n(1) In general \nAny written notification or update required to be submitted under this section— (A) shall be submitted in an electronic format; and (B) may be submitted in a paper format. (2) Classification status \nAny written notification or update required to be submitted under this section— (A) shall be— (i) unclassified; and (ii) submitted through unclassified electronic means pursuant to paragraph (1)(A); and (B) may include classified annexes, as appropriate.", "id": "id2bc2759cb705498aa07f4f321f275dfd", "header": "Report delivery", "nested": [], "links": [] }, { "text": "(g) Report consistency \nTo achieve consistent and coherent agency reporting to Congress, the National Cyber Director, in coordination with the Director, shall— (1) provide recommendations to agencies on formatting and the contents of information to be included in the reports required under this section, including recommendations for consistent formats for presenting any associated metrics; and (2) maintain a comprehensive record of each major incident notification, update, and briefing provided under this section, which shall— (A) include, at a minimum— (i) the full contents of the written notification or update; (ii) the identity of the reporting agency; and (iii) the date of submission; and (iv) a list of the recipient congressional entities; and (B) be made available upon request to the majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Accountability of the House of Representatives.", "id": "idcf92f1364bc54e8095d0f897a968bd6d", "header": "Report consistency", "nested": [], "links": [] }, { "text": "(h) National security systems congressional reporting exemption \nWith respect to a major incident that occurs exclusively on a national security system, the head of the affected agency shall submit the notifications and reports required to be submitted to Congress under this section only to— (1) the majority and minority leaders of the Senate; (2) the Speaker and minority leader of the House of Representatives; (3) the appropriations committees of Congress; (4) the appropriate authorization committees of Congress; (5) the Committee on Homeland Security and Governmental Affairs of the Senate; (6) the Select Committee on Intelligence of the Senate; (7) the Committee on Oversight and Accountability of the House of Representatives; and (8) the Permanent Select Committee on Intelligence of the House of Representatives.", "id": "id01DD8D6E20794531AE9861AC28FA5DEA", "header": "National security systems congressional reporting exemption", "nested": [], "links": [] }, { "text": "(i) Major incidents including breaches \nIf a major incident constitutes a covered breach, as defined in section 3592(a), information on the covered breach required to be submitted to Congress pursuant to section 3592(g) may— (1) be included in the notifications required under subsection (b) or (c); or (2) be reported to Congress under the process established under section 3592(g).", "id": "id6c1feadcdc704c0daff9bb361e341d62", "header": "Major incidents including breaches", "nested": [], "links": [] }, { "text": "(j) Rule of construction \nNothing in this section shall be construed to— (1) limit— (A) the ability of an agency to provide additional reports or briefings to Congress; (B) Congress from requesting additional information from agencies through reports, briefings, or other means; (C) any congressional reporting requirements of agencies under any other law; or (2) limit or supersede any privacy protections under any other law.", "id": "ide8225c685c054ae4832cbf5e65c46f37", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [] }, { "text": "3594. Government information sharing and incident response \n(a) In general \n(1) Incident sharing \nSubject to paragraph (4) and subsection (b), and in accordance with the applicable requirements pursuant to section 3553(b)(2)(A) for reporting to the Federal information security incident center established under section 3556, the head of each agency shall provide to the Cybersecurity and Infrastructure Security Agency information relating to any incident affecting the agency, whether the information is obtained by the Federal Government directly or indirectly. (2) Contents \nA provision of information relating to an incident made by the head of an agency under paragraph (1) shall include, at a minimum— (A) a full description of the incident, including— (i) all indicators of compromise and tactics, techniques, and procedures; (ii) an indicator of how the intruder gained initial access, accessed agency data or systems, and undertook additional actions on the network of the agency; and (iii) information that would support enabling defensive measures; and (iv) other information that may assist in identifying other victims; (B) information to help prevent similar incidents, such as information about relevant safeguards in place when the incident occurred and the effectiveness of those safeguards; and (C) information to aid in incident response, such as— (i) a description of the affected systems or networks; (ii) the estimated dates of when the incident occurred; and (iii) information that could reasonably help identify any malicious actor that may have conducted or caused the incident, subject to appropriate privacy protections. (3) Information sharing \nThe Director of the Cybersecurity and Infrastructure Security Agency shall— (A) make incident information provided under paragraph (1) available to the Director and the National Cyber Director; (B) to the greatest extent practicable, share information relating to an incident with— (i) the head of any agency that may be— (I) impacted by the incident; (II) particularly susceptible to the incident; or (III) similarly targeted by the incident; and (ii) appropriate Federal law enforcement agencies to facilitate any necessary threat response activities, as requested; (C) coordinate any necessary information sharing efforts relating to a major incident with the private sector; and (D) notify the National Cyber Director of any efforts described in subparagraph (C). (4) National security systems exemption \n(A) In general \nNotwithstanding paragraphs (1) and (3), each agency operating or exercising control of a national security system shall share information about an incident that occurs exclusively on a national security system with the Secretary of Defense, the Director, the National Cyber Director, and the Director of the Cybersecurity and Infrastructure Security Agency to the extent consistent with standards and guidelines for national security systems issued in accordance with law and as directed by the President. (B) Protections \nAny information sharing and handling of information under this paragraph shall be appropriately protected consistent with procedures authorized for the protection of sensitive sources and methods or by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy. (b) Automation \nIn providing information and selecting a method to provide information under subsection (a), the head of each agency shall implement subsection (a)(1) in a manner that provides such information to the Cybersecurity and Infrastructure Security Agency in an automated and machine-readable format, to the greatest extent practicable. (c) Incident response \nEach agency that has a reasonable basis to suspect or conclude that a major incident occurred involving Federal information in electronic medium or form that does not exclusively involve a national security system shall coordinate with— (1) the Cybersecurity and Infrastructure Security Agency to facilitate asset response activities and provide recommendations for mitigating future incidents; and (2) consistent with relevant policies, appropriate Federal law enforcement agencies to facilitate threat response activities.", "id": "id29fa3808368444b7b156c3d869859b5b", "header": "Government information sharing and incident response", "nested": [ { "text": "(a) In general \n(1) Incident sharing \nSubject to paragraph (4) and subsection (b), and in accordance with the applicable requirements pursuant to section 3553(b)(2)(A) for reporting to the Federal information security incident center established under section 3556, the head of each agency shall provide to the Cybersecurity and Infrastructure Security Agency information relating to any incident affecting the agency, whether the information is obtained by the Federal Government directly or indirectly. (2) Contents \nA provision of information relating to an incident made by the head of an agency under paragraph (1) shall include, at a minimum— (A) a full description of the incident, including— (i) all indicators of compromise and tactics, techniques, and procedures; (ii) an indicator of how the intruder gained initial access, accessed agency data or systems, and undertook additional actions on the network of the agency; and (iii) information that would support enabling defensive measures; and (iv) other information that may assist in identifying other victims; (B) information to help prevent similar incidents, such as information about relevant safeguards in place when the incident occurred and the effectiveness of those safeguards; and (C) information to aid in incident response, such as— (i) a description of the affected systems or networks; (ii) the estimated dates of when the incident occurred; and (iii) information that could reasonably help identify any malicious actor that may have conducted or caused the incident, subject to appropriate privacy protections. (3) Information sharing \nThe Director of the Cybersecurity and Infrastructure Security Agency shall— (A) make incident information provided under paragraph (1) available to the Director and the National Cyber Director; (B) to the greatest extent practicable, share information relating to an incident with— (i) the head of any agency that may be— (I) impacted by the incident; (II) particularly susceptible to the incident; or (III) similarly targeted by the incident; and (ii) appropriate Federal law enforcement agencies to facilitate any necessary threat response activities, as requested; (C) coordinate any necessary information sharing efforts relating to a major incident with the private sector; and (D) notify the National Cyber Director of any efforts described in subparagraph (C). (4) National security systems exemption \n(A) In general \nNotwithstanding paragraphs (1) and (3), each agency operating or exercising control of a national security system shall share information about an incident that occurs exclusively on a national security system with the Secretary of Defense, the Director, the National Cyber Director, and the Director of the Cybersecurity and Infrastructure Security Agency to the extent consistent with standards and guidelines for national security systems issued in accordance with law and as directed by the President. (B) Protections \nAny information sharing and handling of information under this paragraph shall be appropriately protected consistent with procedures authorized for the protection of sensitive sources and methods or by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.", "id": "id31d32413c2b247afb25c477a88eadb12", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Automation \nIn providing information and selecting a method to provide information under subsection (a), the head of each agency shall implement subsection (a)(1) in a manner that provides such information to the Cybersecurity and Infrastructure Security Agency in an automated and machine-readable format, to the greatest extent practicable.", "id": "id3fc77d8e42914b2ba332f3684a7c5db1", "header": "Automation", "nested": [], "links": [] }, { "text": "(c) Incident response \nEach agency that has a reasonable basis to suspect or conclude that a major incident occurred involving Federal information in electronic medium or form that does not exclusively involve a national security system shall coordinate with— (1) the Cybersecurity and Infrastructure Security Agency to facilitate asset response activities and provide recommendations for mitigating future incidents; and (2) consistent with relevant policies, appropriate Federal law enforcement agencies to facilitate threat response activities.", "id": "id58bc93923f234dd4a2667d65d34296a5", "header": "Incident response", "nested": [], "links": [] } ], "links": [] }, { "text": "3595. Responsibilities of contractors and awardees \n(a) Reporting \n(1) In general \nAny contractor or awardee of an agency shall report to the agency if the contractor or awardee has a reasonable basis to conclude that— (A) an incident or breach has occurred with respect to Federal information the contractor or awardee collected, used, or maintained on behalf of an agency; (B) an incident or breach has occurred with respect to a Federal information system used, operated, managed, or maintained on behalf of an agency by the contractor or awardee; (C) a component of any Federal information system operated, managed, or maintained by a contractor or awardee contains a security vulnerability, including a supply chain compromise or an identified software or hardware vulnerability, for which there is reliable evidence of attempted or successful exploitation of the vulnerability by an actor without authorization of the Federal information system owner; or (D) the contractor or awardee has received personally identifiable information, personal health information, or other clearly sensitive information that is beyond the scope of the contract or agreement with the agency from the agency that the contractor or awardee is not authorized to receive. (2) Third-party reports of vulnerabilities \nSubject to the guidance issued by the Director pursuant to paragraph (4), any contractor or awardee of an agency shall report to the agency and the Cybersecurity and Infrastructure Security Agency if the contractor or awardee has a reasonable basis to suspect or conclude that a component of any Federal information system operated, managed, or maintained on behalf of an agency by the contractor or awardee on behalf of the agency contains a security vulnerability, including a supply chain compromise or an identified software or hardware vulnerability, that has been reported to the contractor or awardee by a third party, including through a vulnerability disclosure program. (3) Procedures \n(A) Sharing with CISA \nAs soon as practicable following a report of an incident to an agency by a contractor or awardee under paragraph (1), the head of the agency shall provide, pursuant to section 3594, information about the incident to the Director of the Cybersecurity and Infrastructure Security Agency. (B) Time for reporting \nUnless a different time for reporting is specified in a contract, grant, cooperative agreement, or other transaction agreement, a contractor or awardee shall— (i) make a report required under paragraph (1) not later than 1 day after the date on which the contractor or awardee has reasonable basis to suspect or conclude that the criteria under paragraph (1) have been met; and (ii) make a report required under paragraph (2) within a reasonable time, but not later than 90 days after the date on which the contractor or awardee has reasonable basis to suspect or conclude that the criteria under paragraph (2) have been met. (C) Procedures \nFollowing a report of a breach or incident to an agency by a contractor or awardee under paragraph (1), the head of the agency, in consultation with the contractor or awardee, shall carry out the applicable requirements under sections 3592, 3593, and 3594 with respect to the breach or incident. (D) Rule of construction \nNothing in subparagraph (B) shall be construed to allow the negation of the requirements to report vulnerabilities under paragraph (1) or (2) through a contract, grant, cooperative agreement, or other transaction agreement. (4) Guidance \nThe Director shall issue guidance to agencies relating to the scope of vulnerabilities to be reported under paragraph (2), such as the minimum severity of a vulnerability required to be reported or whether vulnerabilities that are already publicly disclosed must be reported. (b) Regulations; modifications \n(1) In general \nNot later than 1 year after the date of enactment of the Federal Information Security Modernization Act of 2023 — (A) the Federal Acquisition Regulatory Council shall promulgate regulations, as appropriate, relating to the responsibilities of contractors and recipients of other transaction agreements and cooperative agreements to comply with this section; and (B) the Office of Federal Financial Management shall promulgate regulations under title 2, Code Federal Regulations, as appropriate, relating to the responsibilities of grantees to comply with this section. (2) Implementation \nNot later than 1 year after the date on which the Federal Acquisition Regulatory Council and the Office of Federal Financial Management promulgates regulations under paragraph (1), the head of each agency shall implement policies and procedures, as appropriate, necessary to implement those regulations. (3) Congressional notification \n(A) In general \nThe head of each agency head shall notify the Director upon implementation of policies and procedures necessary to implement the regulations promulgated under paragraph (1). (B) OMB notification \nNot later than 30 days after the date described in paragraph (2), the Director shall notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committees on Oversight and Accountability and Homeland Security of the House of Representatives on the status of the implementation by each agency of the regulations promulgated under paragraph (1). (c) National security systems exemption \nNotwithstanding any other provision of this section, a contractor or awardee of an agency that would be required to report an incident or vulnerability pursuant to this section that occurs exclusively on a national security system shall— (1) report the incident or vulnerability to the head of the agency and the Secretary of Defense; and (2) comply with applicable laws and policies relating to national security systems.", "id": "id2dc5d496cdd24446be3b7493a039b27a", "header": "Responsibilities of contractors and awardees", "nested": [ { "text": "(a) Reporting \n(1) In general \nAny contractor or awardee of an agency shall report to the agency if the contractor or awardee has a reasonable basis to conclude that— (A) an incident or breach has occurred with respect to Federal information the contractor or awardee collected, used, or maintained on behalf of an agency; (B) an incident or breach has occurred with respect to a Federal information system used, operated, managed, or maintained on behalf of an agency by the contractor or awardee; (C) a component of any Federal information system operated, managed, or maintained by a contractor or awardee contains a security vulnerability, including a supply chain compromise or an identified software or hardware vulnerability, for which there is reliable evidence of attempted or successful exploitation of the vulnerability by an actor without authorization of the Federal information system owner; or (D) the contractor or awardee has received personally identifiable information, personal health information, or other clearly sensitive information that is beyond the scope of the contract or agreement with the agency from the agency that the contractor or awardee is not authorized to receive. (2) Third-party reports of vulnerabilities \nSubject to the guidance issued by the Director pursuant to paragraph (4), any contractor or awardee of an agency shall report to the agency and the Cybersecurity and Infrastructure Security Agency if the contractor or awardee has a reasonable basis to suspect or conclude that a component of any Federal information system operated, managed, or maintained on behalf of an agency by the contractor or awardee on behalf of the agency contains a security vulnerability, including a supply chain compromise or an identified software or hardware vulnerability, that has been reported to the contractor or awardee by a third party, including through a vulnerability disclosure program. (3) Procedures \n(A) Sharing with CISA \nAs soon as practicable following a report of an incident to an agency by a contractor or awardee under paragraph (1), the head of the agency shall provide, pursuant to section 3594, information about the incident to the Director of the Cybersecurity and Infrastructure Security Agency. (B) Time for reporting \nUnless a different time for reporting is specified in a contract, grant, cooperative agreement, or other transaction agreement, a contractor or awardee shall— (i) make a report required under paragraph (1) not later than 1 day after the date on which the contractor or awardee has reasonable basis to suspect or conclude that the criteria under paragraph (1) have been met; and (ii) make a report required under paragraph (2) within a reasonable time, but not later than 90 days after the date on which the contractor or awardee has reasonable basis to suspect or conclude that the criteria under paragraph (2) have been met. (C) Procedures \nFollowing a report of a breach or incident to an agency by a contractor or awardee under paragraph (1), the head of the agency, in consultation with the contractor or awardee, shall carry out the applicable requirements under sections 3592, 3593, and 3594 with respect to the breach or incident. (D) Rule of construction \nNothing in subparagraph (B) shall be construed to allow the negation of the requirements to report vulnerabilities under paragraph (1) or (2) through a contract, grant, cooperative agreement, or other transaction agreement. (4) Guidance \nThe Director shall issue guidance to agencies relating to the scope of vulnerabilities to be reported under paragraph (2), such as the minimum severity of a vulnerability required to be reported or whether vulnerabilities that are already publicly disclosed must be reported.", "id": "id7e54d03c47144005bfd330f3bf7da872", "header": "Reporting", "nested": [], "links": [] }, { "text": "(b) Regulations; modifications \n(1) In general \nNot later than 1 year after the date of enactment of the Federal Information Security Modernization Act of 2023 — (A) the Federal Acquisition Regulatory Council shall promulgate regulations, as appropriate, relating to the responsibilities of contractors and recipients of other transaction agreements and cooperative agreements to comply with this section; and (B) the Office of Federal Financial Management shall promulgate regulations under title 2, Code Federal Regulations, as appropriate, relating to the responsibilities of grantees to comply with this section. (2) Implementation \nNot later than 1 year after the date on which the Federal Acquisition Regulatory Council and the Office of Federal Financial Management promulgates regulations under paragraph (1), the head of each agency shall implement policies and procedures, as appropriate, necessary to implement those regulations. (3) Congressional notification \n(A) In general \nThe head of each agency head shall notify the Director upon implementation of policies and procedures necessary to implement the regulations promulgated under paragraph (1). (B) OMB notification \nNot later than 30 days after the date described in paragraph (2), the Director shall notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committees on Oversight and Accountability and Homeland Security of the House of Representatives on the status of the implementation by each agency of the regulations promulgated under paragraph (1).", "id": "id357add9395b34a3ab5a1217d5e156f17", "header": "Regulations; modifications", "nested": [], "links": [] }, { "text": "(c) National security systems exemption \nNotwithstanding any other provision of this section, a contractor or awardee of an agency that would be required to report an incident or vulnerability pursuant to this section that occurs exclusively on a national security system shall— (1) report the incident or vulnerability to the head of the agency and the Secretary of Defense; and (2) comply with applicable laws and policies relating to national security systems.", "id": "idd664b57519314cb8bcb21eaba38d920d", "header": "National security systems exemption", "nested": [], "links": [] } ], "links": [] }, { "text": "3596. Training \n(a) Covered individual defined \nIn this section, the term covered individual means an individual who obtains access to a Federal information system because of the status of the individual as— (1) an employee, contractor, awardee, volunteer, or intern of an agency; or (2) an employee of a contractor or awardee of an agency. (b) Best practices and consistency \nThe Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, the National Cyber Director, and the Director of the National Institute of Standards and Technology, shall develop best practices to support consistency across agencies in cybersecurity incident response training, including— (1) information to be collected and shared with the Cybersecurity and Infrastructure Security Agency pursuant to section 3594(a) and processes for sharing such information; and (2) appropriate training and qualifications for cyber incident responders. (c) Agency training \nThe head of each agency shall develop training for covered individuals on how to identify and respond to an incident, including— (1) the internal process of the agency for reporting an incident; and (2) the obligation of a covered individual to report to the agency any suspected or confirmed incident involving Federal information in any medium or form, including paper, oral, and electronic. (d) Inclusion in annual training \nThe training developed under subsection (c) may be included as part of an annual privacy, security awareness, or other appropriate training of an agency.", "id": "ida07c3740a43c4fdfb11c2c4832bcab6e", "header": "Training", "nested": [ { "text": "(a) Covered individual defined \nIn this section, the term covered individual means an individual who obtains access to a Federal information system because of the status of the individual as— (1) an employee, contractor, awardee, volunteer, or intern of an agency; or (2) an employee of a contractor or awardee of an agency.", "id": "id36c44422272e419ab092077f98269905", "header": "Covered individual defined", "nested": [], "links": [] }, { "text": "(b) Best practices and consistency \nThe Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, the National Cyber Director, and the Director of the National Institute of Standards and Technology, shall develop best practices to support consistency across agencies in cybersecurity incident response training, including— (1) information to be collected and shared with the Cybersecurity and Infrastructure Security Agency pursuant to section 3594(a) and processes for sharing such information; and (2) appropriate training and qualifications for cyber incident responders.", "id": "id9898bd0c372f483095c2587887c5bf6d", "header": "Best practices and consistency", "nested": [], "links": [] }, { "text": "(c) Agency training \nThe head of each agency shall develop training for covered individuals on how to identify and respond to an incident, including— (1) the internal process of the agency for reporting an incident; and (2) the obligation of a covered individual to report to the agency any suspected or confirmed incident involving Federal information in any medium or form, including paper, oral, and electronic.", "id": "id8b0bfe88a6244e70b5a074535af2fd31", "header": "Agency training", "nested": [], "links": [] }, { "text": "(d) Inclusion in annual training \nThe training developed under subsection (c) may be included as part of an annual privacy, security awareness, or other appropriate training of an agency.", "id": "id1606b00db55d447c9778b58ccb6e12c4", "header": "Inclusion in annual training", "nested": [], "links": [] } ], "links": [] }, { "text": "3597. Analysis and report on Federal incidents \n(a) Analysis of Federal incidents \n(1) Quantitative and qualitative analyses \nThe Director of the Cybersecurity and Infrastructure Security Agency shall perform and, in coordination with the Director and the National Cyber Director, develop, continuous monitoring and quantitative and qualitative analyses of incidents at agencies, including major incidents, including— (A) the causes of incidents, including— (i) attacker tactics, techniques, and procedures; and (ii) system vulnerabilities, including zero days, unpatched systems, and information system misconfigurations; (B) the scope and scale of incidents at agencies; (C) common root causes of incidents across multiple agencies; (D) agency incident response, recovery, and remediation actions and the effectiveness of those actions, as applicable; (E) lessons learned and recommendations in responding to, recovering from, remediating, and mitigating future incidents; and (F) trends across multiple agencies to address intrusion detection and incident response capabilities using the metrics established under section 224(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1522(c) ). (2) Automated analysis \nThe analyses developed under paragraph (1) shall, to the greatest extent practicable, use machine readable data, automation, and machine learning processes. (3) Sharing of data and analysis \n(A) In general \nThe Director of the Cybersecurity and Infrastructure Security Agency shall share on an ongoing basis the analyses and underlying data required under this subsection with agencies, the Director, and the National Cyber Director to— (i) improve the understanding of cybersecurity risk of agencies; and (ii) support the cybersecurity improvement efforts of agencies. (B) Format \nIn carrying out subparagraph (A), the Director of the Cybersecurity and Infrastructure Security Agency shall share the analyses— (i) in human-readable written products; and (ii) to the greatest extent practicable, in machine-readable formats in order to enable automated intake and use by agencies. (C) Exemption \nThis subsection shall not apply to incidents that occur exclusively on national security systems. (b) Annual report on Federal incidents \nNot later than 2 years after the date of enactment of this section, and not less frequently than annually thereafter, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, the National Cyber Director and the heads of other agencies, as appropriate, shall submit to the appropriate reporting entities a report that includes— (1) a summary of causes of incidents from across the Federal Government that categorizes those incidents as incidents or major incidents; (2) the quantitative and qualitative analyses of incidents developed under subsection (a)(1) on an agency-by-agency basis and comprehensively across the Federal Government, including— (A) a specific analysis of breaches; and (B) an analysis of the Federal Government’s performance against the metrics established under section 224(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1522(c) ); and (3) an annex for each agency that includes— (A) a description of each major incident; (B) the total number of incidents of the agency; and (C) an analysis of the agency’s performance against the metrics established under section 224(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1522(c) ). (c) Publication \n(1) In general \nThe Director of the Cybersecurity and Infrastructure Security Agency shall make a version of each report submitted under subsection (b) publicly available on the website of the Cybersecurity and Infrastructure Security Agency during the year during which the report is submitted. (2) Exemption \nThe publication requirement under paragraph (1) shall not apply to a portion of a report that contains content that should be protected in the interest of national security, as determined by the Director, the Director of the Cybersecurity and Infrastructure Security Agency, or the National Cyber Director. (3) Limitation on exemption \nThe exemption under paragraph (2) shall not apply to any version of a report submitted to the appropriate reporting entities under subsection (b). (4) Requirement for compiling information \n(A) Compilation \nSubject to subparagraph (B), in making a report publicly available under paragraph (1), the Director of the Cybersecurity and Infrastructure Security Agency shall sufficiently compile information so that no specific incident of an agency can be identified. (B) Exception \nThe Director of the Cybersecurity and Infrastructure Security Agency may include information that enables a specific incident of an agency to be identified in a publicly available report— (i) with the concurrence of the Director and the National Cyber Director; (ii) in consultation with the impacted agency; and (iii) in consultation with the inspector general of the impacted agency. (d) Information provided by agencies \n(1) In general \nThe analysis required under subsection (a) and each report submitted under subsection (b) shall use information provided by agencies under section 3594(a). (2) Noncompliance reports \nDuring any year during which the head of an agency does not provide data for an incident to the Cybersecurity and Infrastructure Security Agency in accordance with section 3594(a), the head of the agency, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency and the Director, shall submit to the appropriate reporting entities a report that includes the information described in subsection (b) with respect to the agency. (e) National security system reports \n(1) In general \nNotwithstanding any other provision of this section, the Secretary of Defense, in consultation with the Director, the National Cyber Director, the Director of National Intelligence, and the Director of Cybersecurity and Infrastructure Security shall annually submit a report that includes the information described in subsection (b) with respect to national security systems, to the extent that the submission is consistent with standards and guidelines for national security systems issued in accordance with law and as directed by the President, to— (A) the majority and minority leaders of the Senate, (B) the Speaker and minority leader of the House of Representatives; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Select Committee on Intelligence of the Senate; (E) the Committee on Armed Services of the Senate; (F) the Committee on Appropriations of the Senate; (G) the Committee on Oversight and Accountability of the House of Representatives; (H) the Committee on Homeland Security of the House of Representatives; (I) the Permanent Select Committee on Intelligence of the House of Representatives; (J) the Committee on Armed Services of the House of Representatives; and (K) the Committee on Appropriations of the House of Representatives. (2) Classified form \nA report required under paragraph (1) may be submitted in a classified form.", "id": "id056b78a284f64023859468f7de52ef31", "header": "Analysis and report on Federal incidents", "nested": [ { "text": "(a) Analysis of Federal incidents \n(1) Quantitative and qualitative analyses \nThe Director of the Cybersecurity and Infrastructure Security Agency shall perform and, in coordination with the Director and the National Cyber Director, develop, continuous monitoring and quantitative and qualitative analyses of incidents at agencies, including major incidents, including— (A) the causes of incidents, including— (i) attacker tactics, techniques, and procedures; and (ii) system vulnerabilities, including zero days, unpatched systems, and information system misconfigurations; (B) the scope and scale of incidents at agencies; (C) common root causes of incidents across multiple agencies; (D) agency incident response, recovery, and remediation actions and the effectiveness of those actions, as applicable; (E) lessons learned and recommendations in responding to, recovering from, remediating, and mitigating future incidents; and (F) trends across multiple agencies to address intrusion detection and incident response capabilities using the metrics established under section 224(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1522(c) ). (2) Automated analysis \nThe analyses developed under paragraph (1) shall, to the greatest extent practicable, use machine readable data, automation, and machine learning processes. (3) Sharing of data and analysis \n(A) In general \nThe Director of the Cybersecurity and Infrastructure Security Agency shall share on an ongoing basis the analyses and underlying data required under this subsection with agencies, the Director, and the National Cyber Director to— (i) improve the understanding of cybersecurity risk of agencies; and (ii) support the cybersecurity improvement efforts of agencies. (B) Format \nIn carrying out subparagraph (A), the Director of the Cybersecurity and Infrastructure Security Agency shall share the analyses— (i) in human-readable written products; and (ii) to the greatest extent practicable, in machine-readable formats in order to enable automated intake and use by agencies. (C) Exemption \nThis subsection shall not apply to incidents that occur exclusively on national security systems.", "id": "id4928c86e1deb48388d998cf454f72ac6", "header": "Analysis of Federal incidents", "nested": [], "links": [ { "text": "6 U.S.C. 1522(c)", "legal-doc": "usc", "parsable-cite": "usc/6/1522" } ] }, { "text": "(b) Annual report on Federal incidents \nNot later than 2 years after the date of enactment of this section, and not less frequently than annually thereafter, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, the National Cyber Director and the heads of other agencies, as appropriate, shall submit to the appropriate reporting entities a report that includes— (1) a summary of causes of incidents from across the Federal Government that categorizes those incidents as incidents or major incidents; (2) the quantitative and qualitative analyses of incidents developed under subsection (a)(1) on an agency-by-agency basis and comprehensively across the Federal Government, including— (A) a specific analysis of breaches; and (B) an analysis of the Federal Government’s performance against the metrics established under section 224(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1522(c) ); and (3) an annex for each agency that includes— (A) a description of each major incident; (B) the total number of incidents of the agency; and (C) an analysis of the agency’s performance against the metrics established under section 224(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1522(c) ).", "id": "ide3389738fee3467d83f85ccbc3a5884c", "header": "Annual report on Federal incidents", "nested": [], "links": [ { "text": "6 U.S.C. 1522(c)", "legal-doc": "usc", "parsable-cite": "usc/6/1522" }, { "text": "6 U.S.C. 1522(c)", "legal-doc": "usc", "parsable-cite": "usc/6/1522" } ] }, { "text": "(c) Publication \n(1) In general \nThe Director of the Cybersecurity and Infrastructure Security Agency shall make a version of each report submitted under subsection (b) publicly available on the website of the Cybersecurity and Infrastructure Security Agency during the year during which the report is submitted. (2) Exemption \nThe publication requirement under paragraph (1) shall not apply to a portion of a report that contains content that should be protected in the interest of national security, as determined by the Director, the Director of the Cybersecurity and Infrastructure Security Agency, or the National Cyber Director. (3) Limitation on exemption \nThe exemption under paragraph (2) shall not apply to any version of a report submitted to the appropriate reporting entities under subsection (b). (4) Requirement for compiling information \n(A) Compilation \nSubject to subparagraph (B), in making a report publicly available under paragraph (1), the Director of the Cybersecurity and Infrastructure Security Agency shall sufficiently compile information so that no specific incident of an agency can be identified. (B) Exception \nThe Director of the Cybersecurity and Infrastructure Security Agency may include information that enables a specific incident of an agency to be identified in a publicly available report— (i) with the concurrence of the Director and the National Cyber Director; (ii) in consultation with the impacted agency; and (iii) in consultation with the inspector general of the impacted agency.", "id": "idacf800987c864f6f8beb09bf390b0e06", "header": "Publication", "nested": [], "links": [] }, { "text": "(d) Information provided by agencies \n(1) In general \nThe analysis required under subsection (a) and each report submitted under subsection (b) shall use information provided by agencies under section 3594(a). (2) Noncompliance reports \nDuring any year during which the head of an agency does not provide data for an incident to the Cybersecurity and Infrastructure Security Agency in accordance with section 3594(a), the head of the agency, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency and the Director, shall submit to the appropriate reporting entities a report that includes the information described in subsection (b) with respect to the agency.", "id": "id7f0634c93fec4f2d83b76f42d856ce6a", "header": "Information provided by agencies", "nested": [], "links": [] }, { "text": "(e) National security system reports \n(1) In general \nNotwithstanding any other provision of this section, the Secretary of Defense, in consultation with the Director, the National Cyber Director, the Director of National Intelligence, and the Director of Cybersecurity and Infrastructure Security shall annually submit a report that includes the information described in subsection (b) with respect to national security systems, to the extent that the submission is consistent with standards and guidelines for national security systems issued in accordance with law and as directed by the President, to— (A) the majority and minority leaders of the Senate, (B) the Speaker and minority leader of the House of Representatives; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Select Committee on Intelligence of the Senate; (E) the Committee on Armed Services of the Senate; (F) the Committee on Appropriations of the Senate; (G) the Committee on Oversight and Accountability of the House of Representatives; (H) the Committee on Homeland Security of the House of Representatives; (I) the Permanent Select Committee on Intelligence of the House of Representatives; (J) the Committee on Armed Services of the House of Representatives; and (K) the Committee on Appropriations of the House of Representatives. (2) Classified form \nA report required under paragraph (1) may be submitted in a classified form.", "id": "idc94ce89a3d144a5696247ad5aa2efa5e", "header": "National security system reports", "nested": [], "links": [] } ], "links": [ { "text": "6 U.S.C. 1522(c)", "legal-doc": "usc", "parsable-cite": "usc/6/1522" }, { "text": "6 U.S.C. 1522(c)", "legal-doc": "usc", "parsable-cite": "usc/6/1522" }, { "text": "6 U.S.C. 1522(c)", "legal-doc": "usc", "parsable-cite": "usc/6/1522" } ] }, { "text": "3598. Major incident definition \n(a) In general \nNot later than 1 year after the later of the date of enactment of the Federal Information Security Modernization Act of 2023 and the most recent publication by the Director of guidance to agencies regarding major incidents as of the date of enactment of the Federal Information Security Modernization Act of 2023 , the Director shall develop, in coordination with the National Cyber Director, and promulgate guidance on the definition of the term major incident for the purposes of subchapter II and this subchapter. (b) Requirements \nWith respect to the guidance issued under subsection (a), the definition of the term major incident shall— (1) include, with respect to any information collected or maintained by or on behalf of an agency or a Federal information system— (A) any incident the head of the agency determines is likely to result in demonstrable harm to— (i) the national security interests, foreign relations, homeland security, or economic security of the United States; or (ii) the civil liberties, public confidence, privacy, or public health and safety of the people of the United States; (B) any incident the head of the agency determines likely to result in an inability or substantial disruption for the agency, a component of the agency, or the Federal Government, to provide 1 or more critical services; (C) any incident the head of the agency determines substantially disrupts or substantially degrades the operations of a high value asset owned or operated by the agency; (D) any incident involving the exposure to a foreign entity of sensitive agency information, such as the communications of the head of the agency, the head of a component of the agency, or the direct reports of the head of the agency or the head of a component of the agency; and (E) any other type of incident determined appropriate by the Director; (2) stipulate that the National Cyber Director, in consultation with the Director and the Director of the Cybersecurity and Infrastructure Security Agency, may declare a major incident at any agency, and such a declaration shall be considered if it is determined that an incident— (A) occurs at not less than 2 agencies; and (B) is enabled by— (i) a common technical root cause, such as a supply chain compromise, or a common software or hardware vulnerability; or (ii) the related activities of a common threat actor; (3) stipulate that, in determining whether an incident constitutes a major incident under the standards described in paragraph (1), the head of the agency shall consult with the National Cyber Director; and (4) stipulate that the mere report of a vulnerability discovered or disclosed without a loss of confidentiality, integrity, or availability shall not on its own constitute a major incident. (c) Evaluation and updates \nNot later than 60 days after the date on which the Director first promulgates the guidance required under subsection (a), and not less frequently than once during the first 90 days of each evenly numbered Congress thereafter, the Director shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committees on Oversight and Accountability and Homeland Security of the House of Representatives a briefing that includes— (1) an evaluation of any necessary updates to the guidance; (2) an evaluation of any necessary updates to the definition of the term major incident included in the guidance; and (3) an explanation of, and the analysis that led to, the definition described in paragraph (2).", "id": "ida2b1c90af5d84dfaa2e78c8ec08faeeb", "header": "Major incident definition", "nested": [ { "text": "(a) In general \nNot later than 1 year after the later of the date of enactment of the Federal Information Security Modernization Act of 2023 and the most recent publication by the Director of guidance to agencies regarding major incidents as of the date of enactment of the Federal Information Security Modernization Act of 2023 , the Director shall develop, in coordination with the National Cyber Director, and promulgate guidance on the definition of the term major incident for the purposes of subchapter II and this subchapter.", "id": "id3ed1b5674777437fad981f7b9bc10e05", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirements \nWith respect to the guidance issued under subsection (a), the definition of the term major incident shall— (1) include, with respect to any information collected or maintained by or on behalf of an agency or a Federal information system— (A) any incident the head of the agency determines is likely to result in demonstrable harm to— (i) the national security interests, foreign relations, homeland security, or economic security of the United States; or (ii) the civil liberties, public confidence, privacy, or public health and safety of the people of the United States; (B) any incident the head of the agency determines likely to result in an inability or substantial disruption for the agency, a component of the agency, or the Federal Government, to provide 1 or more critical services; (C) any incident the head of the agency determines substantially disrupts or substantially degrades the operations of a high value asset owned or operated by the agency; (D) any incident involving the exposure to a foreign entity of sensitive agency information, such as the communications of the head of the agency, the head of a component of the agency, or the direct reports of the head of the agency or the head of a component of the agency; and (E) any other type of incident determined appropriate by the Director; (2) stipulate that the National Cyber Director, in consultation with the Director and the Director of the Cybersecurity and Infrastructure Security Agency, may declare a major incident at any agency, and such a declaration shall be considered if it is determined that an incident— (A) occurs at not less than 2 agencies; and (B) is enabled by— (i) a common technical root cause, such as a supply chain compromise, or a common software or hardware vulnerability; or (ii) the related activities of a common threat actor; (3) stipulate that, in determining whether an incident constitutes a major incident under the standards described in paragraph (1), the head of the agency shall consult with the National Cyber Director; and (4) stipulate that the mere report of a vulnerability discovered or disclosed without a loss of confidentiality, integrity, or availability shall not on its own constitute a major incident.", "id": "id213c032d617140ecb7d8f92c4d522ba5", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Evaluation and updates \nNot later than 60 days after the date on which the Director first promulgates the guidance required under subsection (a), and not less frequently than once during the first 90 days of each evenly numbered Congress thereafter, the Director shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committees on Oversight and Accountability and Homeland Security of the House of Representatives a briefing that includes— (1) an evaluation of any necessary updates to the guidance; (2) an evaluation of any necessary updates to the definition of the term major incident included in the guidance; and (3) an explanation of, and the analysis that led to, the definition described in paragraph (2).", "id": "id6fea03ca3c454000bdc3701d75fa3f2d", "header": "Evaluation and updates", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Amendments to subtitle III of title 40 \n(a) Modernizing government technology \nSubtitle G of title X of division A of the National Defense Authorization Act for Fiscal Year 2018 ( 40 U.S.C. 11301 note) is amended in section 1078— (1) by striking subsection (a) and inserting the following: (a) Definitions \nIn this section: (1) Agency \nThe term agency has the meaning given the term in section 551 of title 5, United States Code. (2) High value asset \nThe term high value asset has the meaning given the term in section 3552 of title 44, United States Code. ; (2) in subsection (b), by adding at the end the following: (8) Proposal evaluation \nThe Director shall— (A) give consideration for the use of amounts in the Fund to improve the security of high value assets; and (B) require that any proposal for the use of amounts in the Fund includes, as appropriate— (i) a cybersecurity risk management plan; and (ii) a supply chain risk assessment in accordance with section 1326 of title 41. ; and (3) in subsection (c)— (A) in paragraph (2)(A)(i), by inserting , including a consideration of the impact on high value assets after operational risks ; (B) in paragraph (5)— (i) in subparagraph (A), by striking and at the end; (ii) in subparagraph (B), by striking the period at the end and inserting and ; and (iii) by adding at the end the following: (C) a senior official from the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, appointed by the Director. ; and (C) in paragraph (6)(A), by striking shall be— and all that follows through 4 employees and inserting shall be 4 employees. (b) Subchapter I \nSubchapter I of chapter 113 of subtitle III of title 40, United States Code, is amended— (1) in section 11302— (A) in subsection (b), by striking use, security, and disposal of and inserting use, and disposal of, and, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency and the National Cyber Director, promote and improve the security of, ; and (B) in subsection (h), by inserting , including cybersecurity performances, after the performances ; and (2) in section 11303(b)(2)(B)— (A) in clause (i), by striking or at the end; (B) in clause (ii), by adding or at the end; and (C) by adding at the end the following: (iii) whether the function should be performed by a shared service offered by another executive agency;. (c) Subchapter II \nSubchapter II of chapter 113 of subtitle III of title 40, United States Code, is amended— (1) in section 11312(a), by inserting , including security risks after managing the risks ; (2) in section 11313(1), by striking efficiency and effectiveness and inserting efficiency, security, and effectiveness ; (3) in section 11317, by inserting security, before or schedule ; and (4) in section 11319(b)(1), in the paragraph heading, by striking CIOS and inserting Chief Information Officers.", "id": "id6429caf467604bea9a5123c15a47a0b6", "header": "Amendments to subtitle III of title 40", "nested": [ { "text": "(a) Modernizing government technology \nSubtitle G of title X of division A of the National Defense Authorization Act for Fiscal Year 2018 ( 40 U.S.C. 11301 note) is amended in section 1078— (1) by striking subsection (a) and inserting the following: (a) Definitions \nIn this section: (1) Agency \nThe term agency has the meaning given the term in section 551 of title 5, United States Code. (2) High value asset \nThe term high value asset has the meaning given the term in section 3552 of title 44, United States Code. ; (2) in subsection (b), by adding at the end the following: (8) Proposal evaluation \nThe Director shall— (A) give consideration for the use of amounts in the Fund to improve the security of high value assets; and (B) require that any proposal for the use of amounts in the Fund includes, as appropriate— (i) a cybersecurity risk management plan; and (ii) a supply chain risk assessment in accordance with section 1326 of title 41. ; and (3) in subsection (c)— (A) in paragraph (2)(A)(i), by inserting , including a consideration of the impact on high value assets after operational risks ; (B) in paragraph (5)— (i) in subparagraph (A), by striking and at the end; (ii) in subparagraph (B), by striking the period at the end and inserting and ; and (iii) by adding at the end the following: (C) a senior official from the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, appointed by the Director. ; and (C) in paragraph (6)(A), by striking shall be— and all that follows through 4 employees and inserting shall be 4 employees.", "id": "id634f0d97a4b344bbbc93cc794e8791b0", "header": "Modernizing government technology", "nested": [], "links": [ { "text": "40 U.S.C. 11301", "legal-doc": "usc", "parsable-cite": "usc/40/11301" } ] }, { "text": "(b) Subchapter I \nSubchapter I of chapter 113 of subtitle III of title 40, United States Code, is amended— (1) in section 11302— (A) in subsection (b), by striking use, security, and disposal of and inserting use, and disposal of, and, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency and the National Cyber Director, promote and improve the security of, ; and (B) in subsection (h), by inserting , including cybersecurity performances, after the performances ; and (2) in section 11303(b)(2)(B)— (A) in clause (i), by striking or at the end; (B) in clause (ii), by adding or at the end; and (C) by adding at the end the following: (iii) whether the function should be performed by a shared service offered by another executive agency;.", "id": "idcb49344f9163486d980719c1acb0c58d", "header": "Subchapter I", "nested": [], "links": [] }, { "text": "(c) Subchapter II \nSubchapter II of chapter 113 of subtitle III of title 40, United States Code, is amended— (1) in section 11312(a), by inserting , including security risks after managing the risks ; (2) in section 11313(1), by striking efficiency and effectiveness and inserting efficiency, security, and effectiveness ; (3) in section 11317, by inserting security, before or schedule ; and (4) in section 11319(b)(1), in the paragraph heading, by striking CIOS and inserting Chief Information Officers.", "id": "idcae40a2d20d2474b8acecc61480c5264", "header": "Subchapter II", "nested": [], "links": [] } ], "links": [ { "text": "40 U.S.C. 11301", "legal-doc": "usc", "parsable-cite": "usc/40/11301" } ] }, { "text": "5. Actions to enhance Federal incident transparency \n(a) Responsibilities of the Cybersecurity and Infrastructure Security Agency \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall— (A) develop a plan for the development of the analysis required under section 3597(a) of title 44, United States Code, as added by this Act, and the report required under subsection (b) of that section that includes— (i) a description of any challenges the Director of the Cybersecurity and Infrastructure Security Agency anticipates encountering; and (ii) the use of automation and machine-readable formats for collecting, compiling, monitoring, and analyzing data; and (B) provide to the appropriate congressional committees a briefing on the plan developed under subparagraph (A). (2) Briefing \nNot later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall provide to the appropriate congressional committees a briefing on— (A) the execution of the plan required under paragraph (1)(A); and (B) the development of the report required under section 3597(b) of title 44, United States Code, as added by this Act. (b) Responsibilities of the director of the office of management and budget \n(1) Updating FISMA 2014 \nSection 2 of the Federal Information Security Modernization Act of 2014 ( Public Law 113–283 ; 128 Stat. 3073) is amended— (A) by striking subsections (b) and (d); and (B) by redesignating subsections (c), (e), and (f) as subsections (b), (c), and (d), respectively. (2) Incident data sharing \n(A) In general \nThe Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall develop, and as appropriate update, guidance, on the content, timeliness, and format of the information provided by agencies under section 3594(a) of title 44, United States Code, as added by this Act. (B) Requirements \nThe guidance developed under subparagraph (A) shall— (i) enable the efficient development of— (I) lessons learned and recommendations in responding to, recovering from, remediating, and mitigating future incidents; and (II) the report on Federal incidents required under section 3597(b) of title 44, United States Code, as added by this Act; and (ii) include requirements for the timeliness of data production. (C) Automation \nThe Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall promote, as feasible, the use of automation and machine-readable data for data sharing under section 3594(a) of title 44, United States Code, as added by this Act. (3) Contractor and awardee guidance \n(A) In general \nNot later than 1 year after the date of enactment of this Act, the Director shall issue guidance to agencies on how to deconflict, to the greatest extent practicable, existing regulations, policies, and procedures relating to the responsibilities of contractors and awardees established under section 3595 of title 44, United States Code, as added by this Act. (B) Existing processes \nTo the greatest extent practicable, the guidance issued under subparagraph (A) shall allow contractors and awardees to use existing processes for notifying agencies of incidents involving information of the Federal Government. (c) Update to the Privacy act of 1974 \nSection 552a(b) of title 5, United States Code (commonly known as the Privacy Act of 1974 ) is amended— (1) in paragraph (11), by striking or at the end; (2) in paragraph (12), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (13) to another agency, to the extent necessary, to assist the recipient agency in responding to an incident (as defined in section 3552 of title 44) or breach (as defined in section 3591 of title 44) or to fulfill the information sharing requirements under section 3594 of title 44..", "id": "id3a27feac84774cd2acecacab028ad01f", "header": "Actions to enhance Federal incident transparency", "nested": [ { "text": "(a) Responsibilities of the Cybersecurity and Infrastructure Security Agency \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall— (A) develop a plan for the development of the analysis required under section 3597(a) of title 44, United States Code, as added by this Act, and the report required under subsection (b) of that section that includes— (i) a description of any challenges the Director of the Cybersecurity and Infrastructure Security Agency anticipates encountering; and (ii) the use of automation and machine-readable formats for collecting, compiling, monitoring, and analyzing data; and (B) provide to the appropriate congressional committees a briefing on the plan developed under subparagraph (A). (2) Briefing \nNot later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall provide to the appropriate congressional committees a briefing on— (A) the execution of the plan required under paragraph (1)(A); and (B) the development of the report required under section 3597(b) of title 44, United States Code, as added by this Act.", "id": "id766099b6d31246d0b662b07dd598650b", "header": "Responsibilities of the Cybersecurity and Infrastructure Security Agency", "nested": [], "links": [] }, { "text": "(b) Responsibilities of the director of the office of management and budget \n(1) Updating FISMA 2014 \nSection 2 of the Federal Information Security Modernization Act of 2014 ( Public Law 113–283 ; 128 Stat. 3073) is amended— (A) by striking subsections (b) and (d); and (B) by redesignating subsections (c), (e), and (f) as subsections (b), (c), and (d), respectively. (2) Incident data sharing \n(A) In general \nThe Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall develop, and as appropriate update, guidance, on the content, timeliness, and format of the information provided by agencies under section 3594(a) of title 44, United States Code, as added by this Act. (B) Requirements \nThe guidance developed under subparagraph (A) shall— (i) enable the efficient development of— (I) lessons learned and recommendations in responding to, recovering from, remediating, and mitigating future incidents; and (II) the report on Federal incidents required under section 3597(b) of title 44, United States Code, as added by this Act; and (ii) include requirements for the timeliness of data production. (C) Automation \nThe Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall promote, as feasible, the use of automation and machine-readable data for data sharing under section 3594(a) of title 44, United States Code, as added by this Act. (3) Contractor and awardee guidance \n(A) In general \nNot later than 1 year after the date of enactment of this Act, the Director shall issue guidance to agencies on how to deconflict, to the greatest extent practicable, existing regulations, policies, and procedures relating to the responsibilities of contractors and awardees established under section 3595 of title 44, United States Code, as added by this Act. (B) Existing processes \nTo the greatest extent practicable, the guidance issued under subparagraph (A) shall allow contractors and awardees to use existing processes for notifying agencies of incidents involving information of the Federal Government.", "id": "id29d18faab3154a6081f3149d7d1648e0", "header": "Responsibilities of the director of the office of management and budget", "nested": [], "links": [ { "text": "Public Law 113–283", "legal-doc": "public-law", "parsable-cite": "pl/113/283" } ] }, { "text": "(c) Update to the Privacy act of 1974 \nSection 552a(b) of title 5, United States Code (commonly known as the Privacy Act of 1974 ) is amended— (1) in paragraph (11), by striking or at the end; (2) in paragraph (12), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (13) to another agency, to the extent necessary, to assist the recipient agency in responding to an incident (as defined in section 3552 of title 44) or breach (as defined in section 3591 of title 44) or to fulfill the information sharing requirements under section 3594 of title 44..", "id": "id698abfaae75d43bcb859516fd6761074", "header": "Update to the Privacy act of 1974", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 113–283", "legal-doc": "public-law", "parsable-cite": "pl/113/283" } ] }, { "text": "6. Additional guidance to agencies on FISMA updates \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the Director shall issue guidance for agencies on— (1) performing the ongoing and continuous agency system risk assessment required under section 3554(a)(1)(A) of title 44, United States Code, as amended by this Act; and (2) establishing a process for securely providing the status of each remedial action for high value assets under section 3554(b)(7) of title 44, United States Code, as amended by this Act, to the Director and the Director of the Cybersecurity and Infrastructure Security Agency using automation and machine-readable data, as practicable, which shall include— (A) specific guidance for the use of automation and machine-readable data; and (B) templates for providing the status of the remedial action. (b) Coordination \nThe head of each agency shall coordinate with the inspector general of the agency, as applicable, to ensure consistent understanding of agency policies for the purpose of evaluations conducted by the inspector general.", "id": "id4C7741EA4407478CB5D433B21BE6AAC2", "header": "Additional guidance to agencies on FISMA updates", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of enactment of this Act, the Director shall issue guidance for agencies on— (1) performing the ongoing and continuous agency system risk assessment required under section 3554(a)(1)(A) of title 44, United States Code, as amended by this Act; and (2) establishing a process for securely providing the status of each remedial action for high value assets under section 3554(b)(7) of title 44, United States Code, as amended by this Act, to the Director and the Director of the Cybersecurity and Infrastructure Security Agency using automation and machine-readable data, as practicable, which shall include— (A) specific guidance for the use of automation and machine-readable data; and (B) templates for providing the status of the remedial action.", "id": "id507c271cbeab4382a34602753bc3a77b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Coordination \nThe head of each agency shall coordinate with the inspector general of the agency, as applicable, to ensure consistent understanding of agency policies for the purpose of evaluations conducted by the inspector general.", "id": "id369548557fbe447ca7251183d7a4e1e0", "header": "Coordination", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Agency requirements to notify private sector entities impacted by incidents \n(a) Definitions \nIn this section: (1) Reporting entity \nThe term reporting entity means private organization or governmental unit that is required by statute or regulation to submit sensitive information to an agency. (2) Sensitive information \nThe term sensitive information has the meaning given the term by the Director in guidance issued under subsection (b). (b) Guidance on notification of reporting entities \nNot later than 1 year after the date of enactment of this Act, the Director shall develop, in consultation with the National Cyber Director, and issue guidance requiring the head of each agency to notify a reporting entity, and take into consideration the need to coordinate with Sector Risk Management Agencies (as defined in section 2200 of the Homeland Security Act of 2002 ( 6 U.S.C. 650 )), as appropriate, of an incident at the agency that is likely to substantially affect— (1) the confidentiality or integrity of sensitive information submitted by the reporting entity to the agency pursuant to a statutory or regulatory requirement; or (2) any information system (as defined in section 3502 of title 44, United States Code) used in the transmission or storage of the sensitive information described in paragraph (1).", "id": "id07d3f9e639fb48cb9a60cf2a6fb2a655", "header": "Agency requirements to notify private sector entities impacted by incidents", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Reporting entity \nThe term reporting entity means private organization or governmental unit that is required by statute or regulation to submit sensitive information to an agency. (2) Sensitive information \nThe term sensitive information has the meaning given the term by the Director in guidance issued under subsection (b).", "id": "id43eb207ae74d438bb1f1c3ef631ce633", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Guidance on notification of reporting entities \nNot later than 1 year after the date of enactment of this Act, the Director shall develop, in consultation with the National Cyber Director, and issue guidance requiring the head of each agency to notify a reporting entity, and take into consideration the need to coordinate with Sector Risk Management Agencies (as defined in section 2200 of the Homeland Security Act of 2002 ( 6 U.S.C. 650 )), as appropriate, of an incident at the agency that is likely to substantially affect— (1) the confidentiality or integrity of sensitive information submitted by the reporting entity to the agency pursuant to a statutory or regulatory requirement; or (2) any information system (as defined in section 3502 of title 44, United States Code) used in the transmission or storage of the sensitive information described in paragraph (1).", "id": "ideba6bf6c6a2d433e8d7f8a388a35f371", "header": "Guidance on notification of reporting entities", "nested": [], "links": [ { "text": "6 U.S.C. 650", "legal-doc": "usc", "parsable-cite": "usc/6/650" } ] } ], "links": [ { "text": "6 U.S.C. 650", "legal-doc": "usc", "parsable-cite": "usc/6/650" } ] }, { "text": "8. Mobile security briefings \n(a) In general \nNot later than 180 days after the date of enactment of this Act, the Director shall provide to the appropriate congressional committees— (1) a briefing on the compliance of agencies with the No TikTok on Government Devices Act ( 44 U.S.C. 3553 note; Public Law 117–328 ); and (2) as a component of the briefing required under paragraph (1), a list of each exception of an agency from the No TikTok on Government Devices Act ( 44 U.S.C. 3553 note; Public Law 117–328 ), which may include a classified annex. (b) Additional briefing \nNot later than 1 year after the date of the briefing required under subsection (a)(1), the Director shall provide to the appropriate congressional committees— (1) a briefing on the compliance of any agency that was not compliant with the No TikTok on Government Devices Act ( 44 U.S.C. 3553 note; Public Law 117–328 ) at the time of the briefing required under subsection (a)(1); and (2) as a component of the briefing required under paragraph (1), an update to the list required under subsection (a)(2).", "id": "id3fd5df35ee9a4ae495564be21d9d2f49", "header": "Mobile security briefings", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this Act, the Director shall provide to the appropriate congressional committees— (1) a briefing on the compliance of agencies with the No TikTok on Government Devices Act ( 44 U.S.C. 3553 note; Public Law 117–328 ); and (2) as a component of the briefing required under paragraph (1), a list of each exception of an agency from the No TikTok on Government Devices Act ( 44 U.S.C. 3553 note; Public Law 117–328 ), which may include a classified annex.", "id": "idea3ddf998f6946f5951c03b596b888f1", "header": "In general", "nested": [], "links": [ { "text": "44 U.S.C. 3553", "legal-doc": "usc", "parsable-cite": "usc/44/3553" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" }, { "text": "44 U.S.C. 3553", "legal-doc": "usc", "parsable-cite": "usc/44/3553" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" } ] }, { "text": "(b) Additional briefing \nNot later than 1 year after the date of the briefing required under subsection (a)(1), the Director shall provide to the appropriate congressional committees— (1) a briefing on the compliance of any agency that was not compliant with the No TikTok on Government Devices Act ( 44 U.S.C. 3553 note; Public Law 117–328 ) at the time of the briefing required under subsection (a)(1); and (2) as a component of the briefing required under paragraph (1), an update to the list required under subsection (a)(2).", "id": "idd2e3d5fe5a6c4d08aa3a26084acf9fe1", "header": "Additional briefing", "nested": [], "links": [ { "text": "44 U.S.C. 3553", "legal-doc": "usc", "parsable-cite": "usc/44/3553" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" } ] } ], "links": [ { "text": "44 U.S.C. 3553", "legal-doc": "usc", "parsable-cite": "usc/44/3553" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" }, { "text": "44 U.S.C. 3553", "legal-doc": "usc", "parsable-cite": "usc/44/3553" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" }, { "text": "44 U.S.C. 3553", "legal-doc": "usc", "parsable-cite": "usc/44/3553" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" } ] }, { "text": "9. Data and logging retention for incident response \n(a) Guidance \nNot later than 2 years after the date of enactment of this Act the Director, in consultation with the National Cyber Director and the Director of the Cybersecurity and Infrastructure Security Agency, shall update guidance to agencies regarding requirements for logging, log retention, log management, sharing of log data with other appropriate agencies, or any other logging activity determined to be appropriate by the Director. (b) National security systems \nThe Secretary of Defense shall issue guidance that meets or exceeds the standards required in guidance issued under subsection (a) for National Security Systems.", "id": "id28e9a8873da348e99e841c11fc4091d7", "header": "Data and logging retention for incident response", "nested": [ { "text": "(a) Guidance \nNot later than 2 years after the date of enactment of this Act the Director, in consultation with the National Cyber Director and the Director of the Cybersecurity and Infrastructure Security Agency, shall update guidance to agencies regarding requirements for logging, log retention, log management, sharing of log data with other appropriate agencies, or any other logging activity determined to be appropriate by the Director.", "id": "idbb79bf99808d4e2eb82b513fef3cebe6", "header": "Guidance", "nested": [], "links": [] }, { "text": "(b) National security systems \nThe Secretary of Defense shall issue guidance that meets or exceeds the standards required in guidance issued under subsection (a) for National Security Systems.", "id": "id2a9e1802cf4d48c7967eebe9f064cb19", "header": "National security systems", "nested": [], "links": [] } ], "links": [] }, { "text": "10. CISA agency liaisons \n(a) In general \nNot later than 120 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall assign not less than 1 cybersecurity professional employed by the Cybersecurity and Infrastructure Security Agency to be the Cybersecurity and Infrastructure Security Agency liaison to the Chief Information Security Officer of each agency. (b) Qualifications \nEach liaison assigned under subsection (a) shall have knowledge of— (1) cybersecurity threats facing agencies, including any specific threats to the assigned agency; (2) risk assessments of agency systems; and (3) other Federal cybersecurity initiatives. (c) Duties \nThe duties of each liaison assigned under subsection (a) shall include— (1) providing, as requested, assistance and advice to the agency Chief Information Security Officer; (2) supporting, as requested, incident response coordination between the assigned agency and the Cybersecurity and Infrastructure Security Agency; (3) becoming familiar with assigned agency systems, processes, and procedures to better facilitate support to the agency; and (4) other liaison duties to the assigned agency solely in furtherance of Federal cybersecurity or support to the assigned agency as a Sector Risk Management Agency, as assigned by the Director of the Cybersecurity and Infrastructure Security Agency in consultation with the head of the assigned agency. (d) Limitation \nA liaison assigned under subsection (a) shall not be a contractor. (e) Multiple assignments \nOne individual liaison may be assigned to multiple agency Chief Information Security Officers under subsection (a). (f) Coordination of activities \nThe Director of the Cybersecurity and Infrastructure Security Agency shall consult with the Director on the execution of the duties of the Cybersecurity and Infrastructure Security Agency liaisons to ensure that there is no inappropriate duplication of activities among— (1) Federal cybersecurity support to agencies of the Office of Management and Budget; and (2) the Cybersecurity and Infrastructure Security Agency liaison. (g) Rule of construction \nNothing in this section shall be construed impact the ability of the Director to support agency implementation of Federal cybersecurity requirements pursuant to subchapter II of chapter 35 of title 44, United States Code, as amended by this Act.", "id": "ida8bf50b946114cde8410b0160cf866f4", "header": "CISA agency liaisons", "nested": [ { "text": "(a) In general \nNot later than 120 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall assign not less than 1 cybersecurity professional employed by the Cybersecurity and Infrastructure Security Agency to be the Cybersecurity and Infrastructure Security Agency liaison to the Chief Information Security Officer of each agency.", "id": "ideaacc908c9f14376994a2eec377f00bb", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Qualifications \nEach liaison assigned under subsection (a) shall have knowledge of— (1) cybersecurity threats facing agencies, including any specific threats to the assigned agency; (2) risk assessments of agency systems; and (3) other Federal cybersecurity initiatives.", "id": "id46f53a0193ad4777b45d2b59329a65f6", "header": "Qualifications", "nested": [], "links": [] }, { "text": "(c) Duties \nThe duties of each liaison assigned under subsection (a) shall include— (1) providing, as requested, assistance and advice to the agency Chief Information Security Officer; (2) supporting, as requested, incident response coordination between the assigned agency and the Cybersecurity and Infrastructure Security Agency; (3) becoming familiar with assigned agency systems, processes, and procedures to better facilitate support to the agency; and (4) other liaison duties to the assigned agency solely in furtherance of Federal cybersecurity or support to the assigned agency as a Sector Risk Management Agency, as assigned by the Director of the Cybersecurity and Infrastructure Security Agency in consultation with the head of the assigned agency.", "id": "idf822d7ada0144c7ca3eb267130ee9b0f", "header": "Duties", "nested": [], "links": [] }, { "text": "(d) Limitation \nA liaison assigned under subsection (a) shall not be a contractor.", "id": "id33d2e9199ae24aeca9fd1f9ea6cc8215", "header": "Limitation", "nested": [], "links": [] }, { "text": "(e) Multiple assignments \nOne individual liaison may be assigned to multiple agency Chief Information Security Officers under subsection (a).", "id": "idd545de0556b94527875dade46d2a8055", "header": "Multiple assignments", "nested": [], "links": [] }, { "text": "(f) Coordination of activities \nThe Director of the Cybersecurity and Infrastructure Security Agency shall consult with the Director on the execution of the duties of the Cybersecurity and Infrastructure Security Agency liaisons to ensure that there is no inappropriate duplication of activities among— (1) Federal cybersecurity support to agencies of the Office of Management and Budget; and (2) the Cybersecurity and Infrastructure Security Agency liaison.", "id": "id85a5c3d473d44f57bef58ebfcd6bb4f2", "header": "Coordination of activities", "nested": [], "links": [] }, { "text": "(g) Rule of construction \nNothing in this section shall be construed impact the ability of the Director to support agency implementation of Federal cybersecurity requirements pursuant to subchapter II of chapter 35 of title 44, United States Code, as amended by this Act.", "id": "id17e3b31d47a64495ab69a67706068841", "header": "Rule of construction", "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": "11. Federal penetration testing policy \n(a) In general \nSubchapter II of chapter 35 of title 44, United States Code, is amended by adding at the end the following: 3559A. Federal penetration testing \n(a) Guidance \nThe Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, shall issue guidance to agencies that— (1) requires agencies to perform penetration testing on information systems, as appropriate, including on high value assets; (2) provides policies governing the development of— (A) rules of engagement for using penetration testing; and (B) procedures to use the results of penetration testing to improve the cybersecurity and risk management of the agency; (3) ensures that operational support or a shared service is available; and (4) in no manner restricts the authority of the Secretary of Homeland Security or the Director of the Cybersecurity and Infrastructure Agency to conduct threat hunting pursuant to section 3553 of title 44, United States Code, or penetration testing under this chapter. (b) Exception for national security systems \nThe guidance issued under subsection (a) shall not apply to national security systems. (c) Delegation of authority for certain systems \nThe authorities of the Director described in subsection (a) shall be delegated to— (1) the Secretary of Defense in the case of a system described in section 3553(e)(2); and (2) the Director of National Intelligence in the case of a system described in section 3553(e)(3).. (b) Existing guidance \n(1) In general \nCompliance with guidance issued by the Director relating to penetration testing before the date of enactment of this Act shall be deemed to be compliance with section 3559A of title 44, United States Code, as added by this Act. (2) Immediate new guidance not required \nNothing in section 3559A of title 44, United States Code, as added by this Act, shall be construed to require the Director to issue new guidance to agencies relating to penetration testing before the date described in paragraph (3). (3) Guidance updates \nNotwithstanding paragraphs (1) and (2), not later than 2 years after the date of enactment of this Act, the Director shall review and, as appropriate, update existing guidance requiring penetration testing by agencies. (c) Clerical amendment \nThe table of sections for chapter 35 of title 44, United States Code, is amended by adding after the item relating to section 3559 the following: 3559A. Federal penetration testing.. (d) Penetration testing by the Secretary of Homeland Security \nSection 3553(b) of title 44, United States Code, as amended by this Act, is further amended by inserting after paragraph (8) the following: (9) performing penetration testing that may leverage manual expert analysis to identify threats and vulnerabilities within information systems— (A) without consent or authorization from agencies; and (B) with prior notification to the head of the agency;.", "id": "id91445a8b439a4155affaf8b78bd7c8b2", "header": "Federal penetration testing policy", "nested": [ { "text": "(a) In general \nSubchapter II of chapter 35 of title 44, United States Code, is amended by adding at the end the following: 3559A. Federal penetration testing \n(a) Guidance \nThe Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, shall issue guidance to agencies that— (1) requires agencies to perform penetration testing on information systems, as appropriate, including on high value assets; (2) provides policies governing the development of— (A) rules of engagement for using penetration testing; and (B) procedures to use the results of penetration testing to improve the cybersecurity and risk management of the agency; (3) ensures that operational support or a shared service is available; and (4) in no manner restricts the authority of the Secretary of Homeland Security or the Director of the Cybersecurity and Infrastructure Agency to conduct threat hunting pursuant to section 3553 of title 44, United States Code, or penetration testing under this chapter. (b) Exception for national security systems \nThe guidance issued under subsection (a) shall not apply to national security systems. (c) Delegation of authority for certain systems \nThe authorities of the Director described in subsection (a) shall be delegated to— (1) the Secretary of Defense in the case of a system described in section 3553(e)(2); and (2) the Director of National Intelligence in the case of a system described in section 3553(e)(3)..", "id": "idf1d5ae60d2264d46a801ba144155567f", "header": "In general", "nested": [], "links": [ { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] }, { "text": "(b) Existing guidance \n(1) In general \nCompliance with guidance issued by the Director relating to penetration testing before the date of enactment of this Act shall be deemed to be compliance with section 3559A of title 44, United States Code, as added by this Act. (2) Immediate new guidance not required \nNothing in section 3559A of title 44, United States Code, as added by this Act, shall be construed to require the Director to issue new guidance to agencies relating to penetration testing before the date described in paragraph (3). (3) Guidance updates \nNotwithstanding paragraphs (1) and (2), not later than 2 years after the date of enactment of this Act, the Director shall review and, as appropriate, update existing guidance requiring penetration testing by agencies.", "id": "id5163465869494d05b4feee8bbf629f30", "header": "Existing guidance", "nested": [], "links": [] }, { "text": "(c) Clerical amendment \nThe table of sections for chapter 35 of title 44, United States Code, is amended by adding after the item relating to section 3559 the following: 3559A. Federal penetration testing..", "id": "id283869144bad4b7cb83ac24e249f1c18", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] }, { "text": "(d) Penetration testing by the Secretary of Homeland Security \nSection 3553(b) of title 44, United States Code, as amended by this Act, is further amended by inserting after paragraph (8) the following: (9) performing penetration testing that may leverage manual expert analysis to identify threats and vulnerabilities within information systems— (A) without consent or authorization from agencies; and (B) with prior notification to the head of the agency;.", "id": "idf04dd7e943814bd1a3c5086510accb4c", "header": "Penetration testing by the Secretary of Homeland Security", "nested": [], "links": [] } ], "links": [ { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] }, { "text": "3559A. Federal penetration testing \n(a) Guidance \nThe Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, shall issue guidance to agencies that— (1) requires agencies to perform penetration testing on information systems, as appropriate, including on high value assets; (2) provides policies governing the development of— (A) rules of engagement for using penetration testing; and (B) procedures to use the results of penetration testing to improve the cybersecurity and risk management of the agency; (3) ensures that operational support or a shared service is available; and (4) in no manner restricts the authority of the Secretary of Homeland Security or the Director of the Cybersecurity and Infrastructure Agency to conduct threat hunting pursuant to section 3553 of title 44, United States Code, or penetration testing under this chapter. (b) Exception for national security systems \nThe guidance issued under subsection (a) shall not apply to national security systems. (c) Delegation of authority for certain systems \nThe authorities of the Director described in subsection (a) shall be delegated to— (1) the Secretary of Defense in the case of a system described in section 3553(e)(2); and (2) the Director of National Intelligence in the case of a system described in section 3553(e)(3).", "id": "id07b9f8e7cccf4b5688cdb9c387277644", "header": "Federal penetration testing", "nested": [ { "text": "(a) Guidance \nThe Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, shall issue guidance to agencies that— (1) requires agencies to perform penetration testing on information systems, as appropriate, including on high value assets; (2) provides policies governing the development of— (A) rules of engagement for using penetration testing; and (B) procedures to use the results of penetration testing to improve the cybersecurity and risk management of the agency; (3) ensures that operational support or a shared service is available; and (4) in no manner restricts the authority of the Secretary of Homeland Security or the Director of the Cybersecurity and Infrastructure Agency to conduct threat hunting pursuant to section 3553 of title 44, United States Code, or penetration testing under this chapter.", "id": "id8f019921d0e64e56911eda7de12d73f6", "header": "Guidance", "nested": [], "links": [] }, { "text": "(b) Exception for national security systems \nThe guidance issued under subsection (a) shall not apply to national security systems.", "id": "id1e1d224c73994e2bb38b7cd6aef9c549", "header": "Exception for national security systems", "nested": [], "links": [] }, { "text": "(c) Delegation of authority for certain systems \nThe authorities of the Director described in subsection (a) shall be delegated to— (1) the Secretary of Defense in the case of a system described in section 3553(e)(2); and (2) the Director of National Intelligence in the case of a system described in section 3553(e)(3).", "id": "id56c0f8bdb74a4eb28a6b1b14a6c22184", "header": "Delegation of authority for certain systems", "nested": [], "links": [] } ], "links": [] }, { "text": "12. Vulnerability disclosure policies \n(a) In general \nChapter 35 of title 44, United States Code, is amended by inserting after section 3559A, as added by this Act, the following: 3559B. Federal vulnerability disclosure policies \n(a) Purpose; sense of Congress \n(1) Purpose \nThe purpose of Federal vulnerability disclosure policies is to create a mechanism to enable the public to inform agencies of vulnerabilities in Federal information systems. (2) Sense of Congress \nIt is the sense of Congress that, in implementing the requirements of this section, the Federal Government should take appropriate steps to reduce real and perceived burdens in communications between agencies and security researchers. (b) Definitions \nIn this section: (1) Contractor \nThe term contractor has the meaning given the term in section 3591. (2) Internet of things \nThe term internet of things has the meaning given the term in Special Publication 800–213 of the National Institute of Standards and Technology, entitled IoT Device Cybersecurity Guidance for the Federal Government: Establishing IoT Device Cybersecurity Requirements , or any successor document. (3) Security vulnerability \nThe term security vulnerability has the meaning given the term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ). (4) Submitter \nThe term submitter means an individual that submits a vulnerability disclosure report pursuant to the vulnerability disclosure process of an agency. (5) Vulnerability disclosure report \nThe term vulnerability disclosure report means a disclosure of a security vulnerability made to an agency by a submitter. (c) Guidance \nThe Director shall issue guidance to agencies that includes— (1) use of the information system security vulnerabilities disclosure process guidelines established under section 4(a)(1) of the IoT Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g–3b(a)(1)); (2) direction to not recommend or pursue legal action against a submitter or an individual that conducts a security research activity that— (A) represents a good faith effort to identify and report security vulnerabilities in information systems; or (B) otherwise represents a good faith effort to follow the vulnerability disclosure policy of the agency developed under subsection (f)(2); (3) direction on sharing relevant information in a consistent, automated, and machine readable manner with the Director of the Cybersecurity and Infrastructure Security Agency; (4) the minimum scope of agency systems required to be covered by the vulnerability disclosure policy of an agency required under subsection (f)(2), including exemptions under subsection (g); (5) requirements for providing information to the submitter of a vulnerability disclosure report on the resolution of the vulnerability disclosure report; (6) a stipulation that the mere identification by a submitter of a security vulnerability, without a significant compromise of confidentiality, integrity, or availability, does not constitute a major incident; and (7) the applicability of the guidance to Internet of things devices owned or controlled by an agency. (d) Consultation \nIn developing the guidance required under subsection (c)(3), the Director shall consult with the Director of the Cybersecurity and Infrastructure Security Agency. (e) Responsibilities of CISA \nThe Director of the Cybersecurity and Infrastructure Security Agency shall— (1) provide support to agencies with respect to the implementation of the requirements of this section; (2) develop tools, processes, and other mechanisms determined appropriate to offer agencies capabilities to implement the requirements of this section; (3) upon a request by an agency, assist the agency in the disclosure to vendors of newly identified security vulnerabilities in vendor products and services; and (4) as appropriate, implement the requirements of this section, in accordance with the authority under section 3553(b)(8), as a shared service available to agencies. (f) Responsibilities of agencies \n(1) Public information \nThe head of each agency shall make publicly available, with respect to each internet domain under the control of the agency that is not a national security system and to the extent consistent with the security of information systems but with the presumption of disclosure— (A) an appropriate security contact; and (B) the component of the agency that is responsible for the internet accessible services offered at the domain. (2) Vulnerability disclosure policy \nThe head of each agency shall develop and make publicly available a vulnerability disclosure policy for the agency, which shall— (A) describe— (i) the scope of the systems of the agency included in the vulnerability disclosure policy, including for Internet of things devices owned or controlled by the agency; (ii) the type of information system testing that is authorized by the agency; (iii) the type of information system testing that is not authorized by the agency; (iv) the disclosure policy for a contractor; and (v) the disclosure policy of the agency for sensitive information; (B) with respect to a vulnerability disclosure report to an agency, describe— (i) how the submitter should submit the vulnerability disclosure report; and (ii) if the report is not anonymous, when the reporter should anticipate an acknowledgment of receipt of the report by the agency; (C) include any other relevant information; and (D) be mature in scope and cover every internet accessible information system used or operated by that agency or on behalf of that agency. (3) Identified security vulnerabilities \nThe head of each agency shall— (A) consider security vulnerabilities reported in accordance with paragraph (2); (B) commensurate with the risk posed by the security vulnerability, address such security vulnerability using the security vulnerability management process of the agency; and (C) in accordance with subsection (c)(5), provide information to the submitter of a vulnerability disclosure report. (g) Exemptions \n(1) In general \nThe Director and the head of each agency shall carry out this section in a manner consistent with the protection of national security information. (2) Limitation \nThe Director and the head of each agency may not publish under subsection (f)(1) or include in a vulnerability disclosure policy under subsection (f)(2) host names, services, information systems, or other information that the Director or the head of an agency, in coordination with the Director and other appropriate heads of agencies, determines would— (A) disrupt a law enforcement investigation; (B) endanger national security or intelligence activities; or (C) impede national defense activities or military operations. (3) National security systems \nThis section shall not apply to national security systems. (h) Delegation of authority for certain systems \nThe authorities of the Director and the Director of the Cybersecurity and Infrastructure Security Agency described in this section shall be delegated— (1) to the Secretary of Defense in the case of systems described in section 3553(e)(2); and (2) to the Director of National Intelligence in the case of systems described in section 3553(e)(3). (i) Revision of Federal acquisition regulation \nThe Federal Acquisition Regulation shall be revised as necessary to implement the provisions under this section.. (b) Clerical amendment \nThe table of sections for chapter 35 of title 44, United States Code, is amended by adding after the item relating to section 3559A, as added by this Act, the following: 3559B. Federal vulnerability disclosure policies.. (c) Conforming update and repeal \n(1) Guidelines on the disclosure process for security vulnerabilities relating to information systems, including internet of things devices \nSection 5 of the IoT Cybersecurity Improvement Act of 2020 ( 15 U.S.C. 278g–3c ) is amended by striking subsections (d) and (e). (2) Implementation and contractor compliance \nThe IoT Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g–3a et seq.) is amended— (A) by striking section 6 ( 15 U.S.C. 278g–3d ); and (B) by striking section 7 ( 15 U.S.C. 278g–3e ).", "id": "id41b7dcee70354bde911884f2fe7fffe2", "header": "Vulnerability disclosure policies", "nested": [ { "text": "(a) In general \nChapter 35 of title 44, United States Code, is amended by inserting after section 3559A, as added by this Act, the following: 3559B. Federal vulnerability disclosure policies \n(a) Purpose; sense of Congress \n(1) Purpose \nThe purpose of Federal vulnerability disclosure policies is to create a mechanism to enable the public to inform agencies of vulnerabilities in Federal information systems. (2) Sense of Congress \nIt is the sense of Congress that, in implementing the requirements of this section, the Federal Government should take appropriate steps to reduce real and perceived burdens in communications between agencies and security researchers. (b) Definitions \nIn this section: (1) Contractor \nThe term contractor has the meaning given the term in section 3591. (2) Internet of things \nThe term internet of things has the meaning given the term in Special Publication 800–213 of the National Institute of Standards and Technology, entitled IoT Device Cybersecurity Guidance for the Federal Government: Establishing IoT Device Cybersecurity Requirements , or any successor document. (3) Security vulnerability \nThe term security vulnerability has the meaning given the term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ). (4) Submitter \nThe term submitter means an individual that submits a vulnerability disclosure report pursuant to the vulnerability disclosure process of an agency. (5) Vulnerability disclosure report \nThe term vulnerability disclosure report means a disclosure of a security vulnerability made to an agency by a submitter. (c) Guidance \nThe Director shall issue guidance to agencies that includes— (1) use of the information system security vulnerabilities disclosure process guidelines established under section 4(a)(1) of the IoT Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g–3b(a)(1)); (2) direction to not recommend or pursue legal action against a submitter or an individual that conducts a security research activity that— (A) represents a good faith effort to identify and report security vulnerabilities in information systems; or (B) otherwise represents a good faith effort to follow the vulnerability disclosure policy of the agency developed under subsection (f)(2); (3) direction on sharing relevant information in a consistent, automated, and machine readable manner with the Director of the Cybersecurity and Infrastructure Security Agency; (4) the minimum scope of agency systems required to be covered by the vulnerability disclosure policy of an agency required under subsection (f)(2), including exemptions under subsection (g); (5) requirements for providing information to the submitter of a vulnerability disclosure report on the resolution of the vulnerability disclosure report; (6) a stipulation that the mere identification by a submitter of a security vulnerability, without a significant compromise of confidentiality, integrity, or availability, does not constitute a major incident; and (7) the applicability of the guidance to Internet of things devices owned or controlled by an agency. (d) Consultation \nIn developing the guidance required under subsection (c)(3), the Director shall consult with the Director of the Cybersecurity and Infrastructure Security Agency. (e) Responsibilities of CISA \nThe Director of the Cybersecurity and Infrastructure Security Agency shall— (1) provide support to agencies with respect to the implementation of the requirements of this section; (2) develop tools, processes, and other mechanisms determined appropriate to offer agencies capabilities to implement the requirements of this section; (3) upon a request by an agency, assist the agency in the disclosure to vendors of newly identified security vulnerabilities in vendor products and services; and (4) as appropriate, implement the requirements of this section, in accordance with the authority under section 3553(b)(8), as a shared service available to agencies. (f) Responsibilities of agencies \n(1) Public information \nThe head of each agency shall make publicly available, with respect to each internet domain under the control of the agency that is not a national security system and to the extent consistent with the security of information systems but with the presumption of disclosure— (A) an appropriate security contact; and (B) the component of the agency that is responsible for the internet accessible services offered at the domain. (2) Vulnerability disclosure policy \nThe head of each agency shall develop and make publicly available a vulnerability disclosure policy for the agency, which shall— (A) describe— (i) the scope of the systems of the agency included in the vulnerability disclosure policy, including for Internet of things devices owned or controlled by the agency; (ii) the type of information system testing that is authorized by the agency; (iii) the type of information system testing that is not authorized by the agency; (iv) the disclosure policy for a contractor; and (v) the disclosure policy of the agency for sensitive information; (B) with respect to a vulnerability disclosure report to an agency, describe— (i) how the submitter should submit the vulnerability disclosure report; and (ii) if the report is not anonymous, when the reporter should anticipate an acknowledgment of receipt of the report by the agency; (C) include any other relevant information; and (D) be mature in scope and cover every internet accessible information system used or operated by that agency or on behalf of that agency. (3) Identified security vulnerabilities \nThe head of each agency shall— (A) consider security vulnerabilities reported in accordance with paragraph (2); (B) commensurate with the risk posed by the security vulnerability, address such security vulnerability using the security vulnerability management process of the agency; and (C) in accordance with subsection (c)(5), provide information to the submitter of a vulnerability disclosure report. (g) Exemptions \n(1) In general \nThe Director and the head of each agency shall carry out this section in a manner consistent with the protection of national security information. (2) Limitation \nThe Director and the head of each agency may not publish under subsection (f)(1) or include in a vulnerability disclosure policy under subsection (f)(2) host names, services, information systems, or other information that the Director or the head of an agency, in coordination with the Director and other appropriate heads of agencies, determines would— (A) disrupt a law enforcement investigation; (B) endanger national security or intelligence activities; or (C) impede national defense activities or military operations. (3) National security systems \nThis section shall not apply to national security systems. (h) Delegation of authority for certain systems \nThe authorities of the Director and the Director of the Cybersecurity and Infrastructure Security Agency described in this section shall be delegated— (1) to the Secretary of Defense in the case of systems described in section 3553(e)(2); and (2) to the Director of National Intelligence in the case of systems described in section 3553(e)(3). (i) Revision of Federal acquisition regulation \nThe Federal Acquisition Regulation shall be revised as necessary to implement the provisions under this section..", "id": "idb53cfeccd4b04552864a8f0357283c73", "header": "In general", "nested": [], "links": [ { "text": "Chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "section 3559A,", "legal-doc": "usc", "parsable-cite": "usc/44/3559A" }, { "text": "6 U.S.C. 1501", "legal-doc": "usc", "parsable-cite": "usc/6/1501" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for chapter 35 of title 44, United States Code, is amended by adding after the item relating to section 3559A, as added by this Act, the following: 3559B. Federal vulnerability disclosure policies..", "id": "ide47436cee53948f4a42880bfc14216d7", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] }, { "text": "(c) Conforming update and repeal \n(1) Guidelines on the disclosure process for security vulnerabilities relating to information systems, including internet of things devices \nSection 5 of the IoT Cybersecurity Improvement Act of 2020 ( 15 U.S.C. 278g–3c ) is amended by striking subsections (d) and (e). (2) Implementation and contractor compliance \nThe IoT Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g–3a et seq.) is amended— (A) by striking section 6 ( 15 U.S.C. 278g–3d ); and (B) by striking section 7 ( 15 U.S.C. 278g–3e ).", "id": "id99a6efa491bc43ed986128cbcb516a32", "header": "Conforming update and repeal", "nested": [], "links": [ { "text": "15 U.S.C. 278g–3c", "legal-doc": "usc", "parsable-cite": "usc/15/278g-3c" }, { "text": "15 U.S.C. 278g–3d", "legal-doc": "usc", "parsable-cite": "usc/15/278g-3d" }, { "text": "15 U.S.C. 278g–3e", "legal-doc": "usc", "parsable-cite": "usc/15/278g-3e" } ] } ], "links": [ { "text": "Chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "section 3559A,", "legal-doc": "usc", "parsable-cite": "usc/44/3559A" }, { "text": "6 U.S.C. 1501", "legal-doc": "usc", "parsable-cite": "usc/6/1501" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "15 U.S.C. 278g–3c", "legal-doc": "usc", "parsable-cite": "usc/15/278g-3c" }, { "text": "15 U.S.C. 278g–3d", "legal-doc": "usc", "parsable-cite": "usc/15/278g-3d" }, { "text": "15 U.S.C. 278g–3e", "legal-doc": "usc", "parsable-cite": "usc/15/278g-3e" } ] }, { "text": "3559B. Federal vulnerability disclosure policies \n(a) Purpose; sense of Congress \n(1) Purpose \nThe purpose of Federal vulnerability disclosure policies is to create a mechanism to enable the public to inform agencies of vulnerabilities in Federal information systems. (2) Sense of Congress \nIt is the sense of Congress that, in implementing the requirements of this section, the Federal Government should take appropriate steps to reduce real and perceived burdens in communications between agencies and security researchers. (b) Definitions \nIn this section: (1) Contractor \nThe term contractor has the meaning given the term in section 3591. (2) Internet of things \nThe term internet of things has the meaning given the term in Special Publication 800–213 of the National Institute of Standards and Technology, entitled IoT Device Cybersecurity Guidance for the Federal Government: Establishing IoT Device Cybersecurity Requirements , or any successor document. (3) Security vulnerability \nThe term security vulnerability has the meaning given the term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ). (4) Submitter \nThe term submitter means an individual that submits a vulnerability disclosure report pursuant to the vulnerability disclosure process of an agency. (5) Vulnerability disclosure report \nThe term vulnerability disclosure report means a disclosure of a security vulnerability made to an agency by a submitter. (c) Guidance \nThe Director shall issue guidance to agencies that includes— (1) use of the information system security vulnerabilities disclosure process guidelines established under section 4(a)(1) of the IoT Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g–3b(a)(1)); (2) direction to not recommend or pursue legal action against a submitter or an individual that conducts a security research activity that— (A) represents a good faith effort to identify and report security vulnerabilities in information systems; or (B) otherwise represents a good faith effort to follow the vulnerability disclosure policy of the agency developed under subsection (f)(2); (3) direction on sharing relevant information in a consistent, automated, and machine readable manner with the Director of the Cybersecurity and Infrastructure Security Agency; (4) the minimum scope of agency systems required to be covered by the vulnerability disclosure policy of an agency required under subsection (f)(2), including exemptions under subsection (g); (5) requirements for providing information to the submitter of a vulnerability disclosure report on the resolution of the vulnerability disclosure report; (6) a stipulation that the mere identification by a submitter of a security vulnerability, without a significant compromise of confidentiality, integrity, or availability, does not constitute a major incident; and (7) the applicability of the guidance to Internet of things devices owned or controlled by an agency. (d) Consultation \nIn developing the guidance required under subsection (c)(3), the Director shall consult with the Director of the Cybersecurity and Infrastructure Security Agency. (e) Responsibilities of CISA \nThe Director of the Cybersecurity and Infrastructure Security Agency shall— (1) provide support to agencies with respect to the implementation of the requirements of this section; (2) develop tools, processes, and other mechanisms determined appropriate to offer agencies capabilities to implement the requirements of this section; (3) upon a request by an agency, assist the agency in the disclosure to vendors of newly identified security vulnerabilities in vendor products and services; and (4) as appropriate, implement the requirements of this section, in accordance with the authority under section 3553(b)(8), as a shared service available to agencies. (f) Responsibilities of agencies \n(1) Public information \nThe head of each agency shall make publicly available, with respect to each internet domain under the control of the agency that is not a national security system and to the extent consistent with the security of information systems but with the presumption of disclosure— (A) an appropriate security contact; and (B) the component of the agency that is responsible for the internet accessible services offered at the domain. (2) Vulnerability disclosure policy \nThe head of each agency shall develop and make publicly available a vulnerability disclosure policy for the agency, which shall— (A) describe— (i) the scope of the systems of the agency included in the vulnerability disclosure policy, including for Internet of things devices owned or controlled by the agency; (ii) the type of information system testing that is authorized by the agency; (iii) the type of information system testing that is not authorized by the agency; (iv) the disclosure policy for a contractor; and (v) the disclosure policy of the agency for sensitive information; (B) with respect to a vulnerability disclosure report to an agency, describe— (i) how the submitter should submit the vulnerability disclosure report; and (ii) if the report is not anonymous, when the reporter should anticipate an acknowledgment of receipt of the report by the agency; (C) include any other relevant information; and (D) be mature in scope and cover every internet accessible information system used or operated by that agency or on behalf of that agency. (3) Identified security vulnerabilities \nThe head of each agency shall— (A) consider security vulnerabilities reported in accordance with paragraph (2); (B) commensurate with the risk posed by the security vulnerability, address such security vulnerability using the security vulnerability management process of the agency; and (C) in accordance with subsection (c)(5), provide information to the submitter of a vulnerability disclosure report. (g) Exemptions \n(1) In general \nThe Director and the head of each agency shall carry out this section in a manner consistent with the protection of national security information. (2) Limitation \nThe Director and the head of each agency may not publish under subsection (f)(1) or include in a vulnerability disclosure policy under subsection (f)(2) host names, services, information systems, or other information that the Director or the head of an agency, in coordination with the Director and other appropriate heads of agencies, determines would— (A) disrupt a law enforcement investigation; (B) endanger national security or intelligence activities; or (C) impede national defense activities or military operations. (3) National security systems \nThis section shall not apply to national security systems. (h) Delegation of authority for certain systems \nThe authorities of the Director and the Director of the Cybersecurity and Infrastructure Security Agency described in this section shall be delegated— (1) to the Secretary of Defense in the case of systems described in section 3553(e)(2); and (2) to the Director of National Intelligence in the case of systems described in section 3553(e)(3). (i) Revision of Federal acquisition regulation \nThe Federal Acquisition Regulation shall be revised as necessary to implement the provisions under this section.", "id": "id0de688be43e04c3283f106397373d841", "header": "Federal vulnerability disclosure policies", "nested": [ { "text": "(a) Purpose; sense of Congress \n(1) Purpose \nThe purpose of Federal vulnerability disclosure policies is to create a mechanism to enable the public to inform agencies of vulnerabilities in Federal information systems. (2) Sense of Congress \nIt is the sense of Congress that, in implementing the requirements of this section, the Federal Government should take appropriate steps to reduce real and perceived burdens in communications between agencies and security researchers.", "id": "id1644d6c93f3e48d6b55c0dbe9589ebd3", "header": "Purpose; sense of Congress", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) Contractor \nThe term contractor has the meaning given the term in section 3591. (2) Internet of things \nThe term internet of things has the meaning given the term in Special Publication 800–213 of the National Institute of Standards and Technology, entitled IoT Device Cybersecurity Guidance for the Federal Government: Establishing IoT Device Cybersecurity Requirements , or any successor document. (3) Security vulnerability \nThe term security vulnerability has the meaning given the term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ). (4) Submitter \nThe term submitter means an individual that submits a vulnerability disclosure report pursuant to the vulnerability disclosure process of an agency. (5) Vulnerability disclosure report \nThe term vulnerability disclosure report means a disclosure of a security vulnerability made to an agency by a submitter.", "id": "idcc5e61224d6f4be3a166c65e35c465e3", "header": "Definitions", "nested": [], "links": [ { "text": "6 U.S.C. 1501", "legal-doc": "usc", "parsable-cite": "usc/6/1501" } ] }, { "text": "(c) Guidance \nThe Director shall issue guidance to agencies that includes— (1) use of the information system security vulnerabilities disclosure process guidelines established under section 4(a)(1) of the IoT Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g–3b(a)(1)); (2) direction to not recommend or pursue legal action against a submitter or an individual that conducts a security research activity that— (A) represents a good faith effort to identify and report security vulnerabilities in information systems; or (B) otherwise represents a good faith effort to follow the vulnerability disclosure policy of the agency developed under subsection (f)(2); (3) direction on sharing relevant information in a consistent, automated, and machine readable manner with the Director of the Cybersecurity and Infrastructure Security Agency; (4) the minimum scope of agency systems required to be covered by the vulnerability disclosure policy of an agency required under subsection (f)(2), including exemptions under subsection (g); (5) requirements for providing information to the submitter of a vulnerability disclosure report on the resolution of the vulnerability disclosure report; (6) a stipulation that the mere identification by a submitter of a security vulnerability, without a significant compromise of confidentiality, integrity, or availability, does not constitute a major incident; and (7) the applicability of the guidance to Internet of things devices owned or controlled by an agency.", "id": "idac1ed4a24c524ab4a89a6bdb84df602c", "header": "Guidance", "nested": [], "links": [] }, { "text": "(d) Consultation \nIn developing the guidance required under subsection (c)(3), the Director shall consult with the Director of the Cybersecurity and Infrastructure Security Agency.", "id": "ide99ac026819a4596a241ac485e8946a7", "header": "Consultation", "nested": [], "links": [] }, { "text": "(e) Responsibilities of CISA \nThe Director of the Cybersecurity and Infrastructure Security Agency shall— (1) provide support to agencies with respect to the implementation of the requirements of this section; (2) develop tools, processes, and other mechanisms determined appropriate to offer agencies capabilities to implement the requirements of this section; (3) upon a request by an agency, assist the agency in the disclosure to vendors of newly identified security vulnerabilities in vendor products and services; and (4) as appropriate, implement the requirements of this section, in accordance with the authority under section 3553(b)(8), as a shared service available to agencies.", "id": "idf752854db06242cbacb0c7c53d79ce36", "header": "Responsibilities of CISA", "nested": [], "links": [] }, { "text": "(f) Responsibilities of agencies \n(1) Public information \nThe head of each agency shall make publicly available, with respect to each internet domain under the control of the agency that is not a national security system and to the extent consistent with the security of information systems but with the presumption of disclosure— (A) an appropriate security contact; and (B) the component of the agency that is responsible for the internet accessible services offered at the domain. (2) Vulnerability disclosure policy \nThe head of each agency shall develop and make publicly available a vulnerability disclosure policy for the agency, which shall— (A) describe— (i) the scope of the systems of the agency included in the vulnerability disclosure policy, including for Internet of things devices owned or controlled by the agency; (ii) the type of information system testing that is authorized by the agency; (iii) the type of information system testing that is not authorized by the agency; (iv) the disclosure policy for a contractor; and (v) the disclosure policy of the agency for sensitive information; (B) with respect to a vulnerability disclosure report to an agency, describe— (i) how the submitter should submit the vulnerability disclosure report; and (ii) if the report is not anonymous, when the reporter should anticipate an acknowledgment of receipt of the report by the agency; (C) include any other relevant information; and (D) be mature in scope and cover every internet accessible information system used or operated by that agency or on behalf of that agency. (3) Identified security vulnerabilities \nThe head of each agency shall— (A) consider security vulnerabilities reported in accordance with paragraph (2); (B) commensurate with the risk posed by the security vulnerability, address such security vulnerability using the security vulnerability management process of the agency; and (C) in accordance with subsection (c)(5), provide information to the submitter of a vulnerability disclosure report.", "id": "id90f51725a3a4404e807d82c329190c04", "header": "Responsibilities of agencies", "nested": [], "links": [] }, { "text": "(g) Exemptions \n(1) In general \nThe Director and the head of each agency shall carry out this section in a manner consistent with the protection of national security information. (2) Limitation \nThe Director and the head of each agency may not publish under subsection (f)(1) or include in a vulnerability disclosure policy under subsection (f)(2) host names, services, information systems, or other information that the Director or the head of an agency, in coordination with the Director and other appropriate heads of agencies, determines would— (A) disrupt a law enforcement investigation; (B) endanger national security or intelligence activities; or (C) impede national defense activities or military operations. (3) National security systems \nThis section shall not apply to national security systems.", "id": "id0c94eeb5471d4cb1a3b0d9399788c075", "header": "Exemptions", "nested": [], "links": [] }, { "text": "(h) Delegation of authority for certain systems \nThe authorities of the Director and the Director of the Cybersecurity and Infrastructure Security Agency described in this section shall be delegated— (1) to the Secretary of Defense in the case of systems described in section 3553(e)(2); and (2) to the Director of National Intelligence in the case of systems described in section 3553(e)(3).", "id": "id14342a4270ca49d49950a3aaa67ec44e", "header": "Delegation of authority for certain systems", "nested": [], "links": [] }, { "text": "(i) Revision of Federal acquisition regulation \nThe Federal Acquisition Regulation shall be revised as necessary to implement the provisions under this section.", "id": "idb8163eb8ab2e46f880d5d1ae5b0d564d", "header": "Revision of Federal acquisition regulation", "nested": [], "links": [] } ], "links": [ { "text": "6 U.S.C. 1501", "legal-doc": "usc", "parsable-cite": "usc/6/1501" } ] }, { "text": "13. Implementing zero trust architecture \n(a) Briefings \nNot later than 1 year after the date of enactment of this Act, the Director shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committees on Oversight and Accountability and Homeland Security of the House of Representatives a briefing on progress in increasing the internal defenses of agency systems, including— (1) shifting away from trusted networks to implement security controls based on a presumption of compromise, including through the transition to zero trust architecture; (2) implementing principles of least privilege in administering information security programs; (3) limiting the ability of entities that cause incidents to move laterally through or between agency systems; (4) identifying incidents quickly; (5) isolating and removing unauthorized entities from agency systems as quickly as practicable, accounting for intelligence or law enforcement purposes; and (6) otherwise increasing the resource costs for entities that cause incidents to be successful. (b) Progress report \nAs a part of each report required to be submitted under section 3553(c) of title 44, United States Code, during the period beginning on the date that is 4 years after the date of enactment of this Act and ending on the date that is 10 years after the date of enactment of this Act, the Director shall include an update on agency implementation of zero trust architecture, which shall include— (1) a description of steps agencies have completed, including progress toward achieving any requirements issued by the Director, including the adoption of any models or reference architecture; (2) an identification of activities that have not yet been completed and that would have the most immediate security impact; and (3) a schedule to implement any planned activities. (c) Classified annex \nEach update required under subsection (b) may include 1 or more annexes that contain classified or other sensitive information, as appropriate. (d) National security systems \n(1) Briefing \nNot later than 1 year after the date of enactment of this Act, the Secretary of Defense shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Accountability of the House of Representatives, the Committee on Armed Services of the Senate, the Committee on Armed Services of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a briefing on the implementation of zero trust architecture with respect to national security systems. (2) Progress report \nNot later than the date on which each update is required to be submitted under subsection (b), the Secretary of Defense shall submit to the congressional committees described in paragraph (1) a progress report on the implementation of zero trust architecture with respect to national security systems.", "id": "id63b9287711684950bb202d184763278f", "header": "Implementing zero trust architecture", "nested": [ { "text": "(a) Briefings \nNot later than 1 year after the date of enactment of this Act, the Director shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committees on Oversight and Accountability and Homeland Security of the House of Representatives a briefing on progress in increasing the internal defenses of agency systems, including— (1) shifting away from trusted networks to implement security controls based on a presumption of compromise, including through the transition to zero trust architecture; (2) implementing principles of least privilege in administering information security programs; (3) limiting the ability of entities that cause incidents to move laterally through or between agency systems; (4) identifying incidents quickly; (5) isolating and removing unauthorized entities from agency systems as quickly as practicable, accounting for intelligence or law enforcement purposes; and (6) otherwise increasing the resource costs for entities that cause incidents to be successful.", "id": "id6538146601f849d79584f29e90dcb49a", "header": "Briefings", "nested": [], "links": [] }, { "text": "(b) Progress report \nAs a part of each report required to be submitted under section 3553(c) of title 44, United States Code, during the period beginning on the date that is 4 years after the date of enactment of this Act and ending on the date that is 10 years after the date of enactment of this Act, the Director shall include an update on agency implementation of zero trust architecture, which shall include— (1) a description of steps agencies have completed, including progress toward achieving any requirements issued by the Director, including the adoption of any models or reference architecture; (2) an identification of activities that have not yet been completed and that would have the most immediate security impact; and (3) a schedule to implement any planned activities.", "id": "idf944f9c5952d4f19a7445e983a52b49c", "header": "Progress report", "nested": [], "links": [] }, { "text": "(c) Classified annex \nEach update required under subsection (b) may include 1 or more annexes that contain classified or other sensitive information, as appropriate.", "id": "id48855a65b9a043c6b59b8a6e113fc8b9", "header": "Classified annex", "nested": [], "links": [] }, { "text": "(d) National security systems \n(1) Briefing \nNot later than 1 year after the date of enactment of this Act, the Secretary of Defense shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Accountability of the House of Representatives, the Committee on Armed Services of the Senate, the Committee on Armed Services of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a briefing on the implementation of zero trust architecture with respect to national security systems. (2) Progress report \nNot later than the date on which each update is required to be submitted under subsection (b), the Secretary of Defense shall submit to the congressional committees described in paragraph (1) a progress report on the implementation of zero trust architecture with respect to national security systems.", "id": "idcae73b534ecd48b6b69e1cd89780b143", "header": "National security systems", "nested": [], "links": [] } ], "links": [] }, { "text": "14. Automation and artificial intelligence \n(a) Definition \nIn this section, the term information system has the meaning given the term in section 3502 of title 44, United States Code. (b) Use of artificial intelligence \n(1) In general \nAs appropriate, the Director shall issue guidance on the use of artificial intelligence by agencies to improve the cybersecurity of information systems. (2) Considerations \nThe Director and head of each agency shall consider the use and capabilities of artificial intelligence systems wherever automation is used in furtherance of the cybersecurity of information systems. (3) Report \nNot later than 1 year after the date of enactment of this Act, and annually thereafter until the date that is 5 years after the date of enactment of this Act, the Director shall submit to the appropriate congressional committees a report on the use of artificial intelligence to further the cybersecurity of information systems. (c) Comptroller general reports \n(1) In general \nNot later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the risks to the privacy of individuals and the cybersecurity of information systems associated with the use by Federal agencies of artificial intelligence systems or capabilities. (2) Study \nNot later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall perform a study, and submit to the Committees on Homeland Security and Governmental Affairs and Commerce, Science, and Transportation of the Senate and the Committees on Oversight and Accountability, Homeland Security, and Science, Space, and Technology of the House of Representatives a report, on the use of automation, including artificial intelligence, and machine-readable data across the Federal Government for cybersecurity purposes, including the automated updating of cybersecurity tools, sensors, or processes employed by agencies under paragraphs (1), (5)(C), and (8)(B) of section 3554(b) of title 44, United States Code, as amended by this Act.", "id": "idbe8f7d937d1e4c7eb74a0874ce06d1ca", "header": "Automation and artificial intelligence", "nested": [ { "text": "(a) Definition \nIn this section, the term information system has the meaning given the term in section 3502 of title 44, United States Code.", "id": "id0a9f667436f1426889d9e81f4ff6069a", "header": "Definition", "nested": [], "links": [] }, { "text": "(b) Use of artificial intelligence \n(1) In general \nAs appropriate, the Director shall issue guidance on the use of artificial intelligence by agencies to improve the cybersecurity of information systems. (2) Considerations \nThe Director and head of each agency shall consider the use and capabilities of artificial intelligence systems wherever automation is used in furtherance of the cybersecurity of information systems. (3) Report \nNot later than 1 year after the date of enactment of this Act, and annually thereafter until the date that is 5 years after the date of enactment of this Act, the Director shall submit to the appropriate congressional committees a report on the use of artificial intelligence to further the cybersecurity of information systems.", "id": "id29ab87319b444239a66b72b50b11499d", "header": "Use of artificial intelligence", "nested": [], "links": [] }, { "text": "(c) Comptroller general reports \n(1) In general \nNot later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the risks to the privacy of individuals and the cybersecurity of information systems associated with the use by Federal agencies of artificial intelligence systems or capabilities. (2) Study \nNot later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall perform a study, and submit to the Committees on Homeland Security and Governmental Affairs and Commerce, Science, and Transportation of the Senate and the Committees on Oversight and Accountability, Homeland Security, and Science, Space, and Technology of the House of Representatives a report, on the use of automation, including artificial intelligence, and machine-readable data across the Federal Government for cybersecurity purposes, including the automated updating of cybersecurity tools, sensors, or processes employed by agencies under paragraphs (1), (5)(C), and (8)(B) of section 3554(b) of title 44, United States Code, as amended by this Act.", "id": "id74fc9ac05fc2440abe9883c34bae460e", "header": "Comptroller general reports", "nested": [], "links": [] } ], "links": [] }, { "text": "15. Extension of chief data officer council \nSection 3520A(e)(2) of title 44, United States Code, is amended by striking upon the expiration of the 2-year period that begins on the date the Comptroller General submits the report under paragraph (1) to Congress and inserting December 31, 2031.", "id": "id86e5c048064242f3b06b68aee6b55a65", "header": "Extension of chief data officer council", "nested": [], "links": [] }, { "text": "16. Council of the inspectors general on integrity and efficiency dashboard \n(a) Dashboard required \nSection 424(e) of title 5, United States Code, is amended— (1) in paragraph (2)— (A) in subparagraph (A), by striking and at the end; (B) by redesignating subparagraph (B) as subparagraph (C); (C) by inserting after subparagraph (A) the following: (B) that shall include a dashboard of open information security recommendations identified in the independent evaluations required by section 3555(a) of title 44; and ; and (2) by adding at the end the following: (5) Rule of construction \nNothing in this subsection shall be construed to require the publication of information that is exempted from disclosure under section 552 of this title..", "id": "id0f2565479cfb4993813f30b7ff779668", "header": "Council of the inspectors general on integrity and efficiency dashboard", "nested": [ { "text": "(a) Dashboard required \nSection 424(e) of title 5, United States Code, is amended— (1) in paragraph (2)— (A) in subparagraph (A), by striking and at the end; (B) by redesignating subparagraph (B) as subparagraph (C); (C) by inserting after subparagraph (A) the following: (B) that shall include a dashboard of open information security recommendations identified in the independent evaluations required by section 3555(a) of title 44; and ; and (2) by adding at the end the following: (5) Rule of construction \nNothing in this subsection shall be construed to require the publication of information that is exempted from disclosure under section 552 of this title..", "id": "ida413832085ea498a80df76c99d3d02e7", "header": "Dashboard required", "nested": [], "links": [] } ], "links": [] }, { "text": "17. Security operations center shared service \n(a) Briefing \nNot later than 180 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Oversight and Accountability of the House of Representatives a briefing on— (1) existing security operations center shared services; (2) the capability for such shared service to offer centralized and simultaneous support to multiple agencies; (3) the capability for such shared service to integrate with or support agency threat hunting activities authorized under section 3553 of title 44, United States Code, as amended by this Act; (4) the capability for such shared service to integrate with or support Federal vulnerability management activities; and (5) future plans for expansion and maturation of such shared service. (b) GAO Report \nNot less than 540 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on Federal cybersecurity security operations centers that— (1) identifies Federal agency best practices for efficiency and effectiveness; (2) identifies non-Federal best practices used by large entity operations centers and entities providing operation centers as a service; and (3) includes recommendations for the Cybersecurity and Infrastructure Security Agency and any other relevant agency to improve the efficiency and effectiveness of security operations centers shared service offerings.", "id": "id5a6067e83def4ea5a88f533e3d27a219", "header": "Security operations center shared service", "nested": [ { "text": "(a) Briefing \nNot later than 180 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Oversight and Accountability of the House of Representatives a briefing on— (1) existing security operations center shared services; (2) the capability for such shared service to offer centralized and simultaneous support to multiple agencies; (3) the capability for such shared service to integrate with or support agency threat hunting activities authorized under section 3553 of title 44, United States Code, as amended by this Act; (4) the capability for such shared service to integrate with or support Federal vulnerability management activities; and (5) future plans for expansion and maturation of such shared service.", "id": "idc5f4ec2c3b5f4ed1b9607476e6eff712", "header": "Briefing", "nested": [], "links": [] }, { "text": "(b) GAO Report \nNot less than 540 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on Federal cybersecurity security operations centers that— (1) identifies Federal agency best practices for efficiency and effectiveness; (2) identifies non-Federal best practices used by large entity operations centers and entities providing operation centers as a service; and (3) includes recommendations for the Cybersecurity and Infrastructure Security Agency and any other relevant agency to improve the efficiency and effectiveness of security operations centers shared service offerings.", "id": "idff5904780b554a25a35d9551294e4103", "header": "GAO Report", "nested": [], "links": [] } ], "links": [] }, { "text": "18. Federal cybersecurity requirements \n(a) Codifying Federal cybersecurity requirements in title 44 \n(1) Amendment to Federal Cybersecurity Enhancement Act of 2015 \nSection 225 of the Federal Cybersecurity Enhancement Act of 2015 ( 6 U.S.C. 1523 ) is amended by striking subsections (b) and (c). (2) Title 44 \nSection 3554 of title 44, United States Code, as amended by this Act, is further amended by adding at the end the following: (f) Specific cybersecurity requirements at agencies \n(1) In general \nConsistent with policies, standards, guidelines, and directives on information security under this subchapter, and except as provided under paragraph (3), the head of each agency shall— (A) identify sensitive and mission critical data stored by the agency consistent with the inventory required under section 3505(c); (B) assess access controls to the data described in subparagraph (A), the need for readily accessible storage of the data, and the need of individuals to access the data; (C) encrypt or otherwise render indecipherable to unauthorized users the data described in subparagraph (A) that is stored on or transiting agency information systems; (D) implement a single sign-on trusted identity platform for individuals accessing each public website of the agency that requires user authentication, as developed by the Administrator of General Services in collaboration with the Secretary; and (E) implement identity management consistent with section 504 of the Cybersecurity Enhancement Act of 2014 ( 15 U.S.C. 7464 ), including multi-factor authentication, for— (i) remote access to a information system; and (ii) each user account with elevated privileges on a information system. (2) Prohibition \n(A) Definition \nIn this paragraph, the term Internet of things has the meaning given the term in section 3559B. (B) Prohibition \nConsistent with policies, standards, guidelines, and directives on information security under this subchapter, and except as provided under paragraph (3), the head of an agency may not procure, obtain, renew a contract to procure or obtain in any amount, notwithstanding section 1905 of title 41, United States Code, or use an Internet of things device if the Chief Information Officer of the agency determines during a review required under section 11319(b)(1)(C) of title 40 of a contract for an Internet of things device that the use of the device prevents compliance with the standards and guidelines developed under section 4 of the IoT Cybersecurity Improvement Act ( 15 U.S.C. 278g–3b ) with respect to the device. (3) Exception \nThe requirements under paragraph (1) shall not apply to a information system for which— (A) the head of the agency, without delegation, has certified to the Director with particularity that— (i) operational requirements articulated in the certification and related to the information system would make it excessively burdensome to implement the cybersecurity requirement; (ii) the cybersecurity requirement is not necessary to secure the information system or agency information stored on or transiting it; and (iii) the agency has taken all necessary steps to secure the information system and agency information stored on or transiting it; and (B) the head of the agency has submitted the certification described in subparagraph (A) to the appropriate congressional committees and the authorizing committees of the agency. (4) Duration of certification \n(A) In general \nA certification and corresponding exemption of an agency under paragraph (3) shall expire on the date that is 4 years after the date on which the head of the agency submits the certification under paragraph (3)(A). (B) Renewal \nUpon the expiration of a certification of an agency under paragraph (3), the head of the agency may submit an additional certification in accordance with that paragraph. (5) Rules of construction \nNothing in this subsection shall be construed— (A) to alter the authority of the Secretary, the Director, or the Director of the National Institute of Standards and Technology in implementing subchapter II of this title; (B) to affect the standards or process of the National Institute of Standards and Technology; (C) to affect the requirement under section 3553(a)(4); or (D) to discourage continued improvements and advancements in the technology, standards, policies, and guidelines used to promote Federal information security. (g) Exception \n(1) Requirements \nThe requirements under subsection (f)(1) shall not apply to— (A) the Department of Defense; (B) a national security system; or (C) an element of the intelligence community. (2) Prohibition \nThe prohibition under subsection (f)(2) shall not apply to— (A) Internet of things devices that are or comprise a national security system; (B) national security systems; or (C) a procured Internet of things device described in subsection (f)(2)(B) that the Chief Information Officer of an agency determines is— (i) necessary for research purposes; or (ii) secured using alternative and effective methods appropriate to the function of the Internet of things device.. (b) Report on exemptions \nSection 3554(c)(1) of title 44, United States Code, as amended by this Act, is further amended— (1) in subparagraph (C), by striking and at the end; (2) in subparagraph (D), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (E) with respect to any exemption from the requirements of subsection (f)(3) that is effective on the date of submission of the report, the number of information systems that have received an exemption from those requirements.. (c) Duration of certification effective date \nParagraph (3) of section 3554(f) of title 44, United States Code, as added by this Act, shall take effect on the date that is 1 year after the date of enactment of this Act. (d) Federal Cybersecurity Enhancement Act of 2015 update \nSection 222(3)(B) of the Federal Cybersecurity Enhancement Act of 2015 ( 6 U.S.C. 1521(3)(B) ) is amended by inserting and the Committee on Oversight and Accountability before of the House of Representatives.", "id": "id48c3cf73f97e4bd4934721c2f258d3eb", "header": "Federal cybersecurity requirements", "nested": [ { "text": "(a) Codifying Federal cybersecurity requirements in title 44 \n(1) Amendment to Federal Cybersecurity Enhancement Act of 2015 \nSection 225 of the Federal Cybersecurity Enhancement Act of 2015 ( 6 U.S.C. 1523 ) is amended by striking subsections (b) and (c). (2) Title 44 \nSection 3554 of title 44, United States Code, as amended by this Act, is further amended by adding at the end the following: (f) Specific cybersecurity requirements at agencies \n(1) In general \nConsistent with policies, standards, guidelines, and directives on information security under this subchapter, and except as provided under paragraph (3), the head of each agency shall— (A) identify sensitive and mission critical data stored by the agency consistent with the inventory required under section 3505(c); (B) assess access controls to the data described in subparagraph (A), the need for readily accessible storage of the data, and the need of individuals to access the data; (C) encrypt or otherwise render indecipherable to unauthorized users the data described in subparagraph (A) that is stored on or transiting agency information systems; (D) implement a single sign-on trusted identity platform for individuals accessing each public website of the agency that requires user authentication, as developed by the Administrator of General Services in collaboration with the Secretary; and (E) implement identity management consistent with section 504 of the Cybersecurity Enhancement Act of 2014 ( 15 U.S.C. 7464 ), including multi-factor authentication, for— (i) remote access to a information system; and (ii) each user account with elevated privileges on a information system. (2) Prohibition \n(A) Definition \nIn this paragraph, the term Internet of things has the meaning given the term in section 3559B. (B) Prohibition \nConsistent with policies, standards, guidelines, and directives on information security under this subchapter, and except as provided under paragraph (3), the head of an agency may not procure, obtain, renew a contract to procure or obtain in any amount, notwithstanding section 1905 of title 41, United States Code, or use an Internet of things device if the Chief Information Officer of the agency determines during a review required under section 11319(b)(1)(C) of title 40 of a contract for an Internet of things device that the use of the device prevents compliance with the standards and guidelines developed under section 4 of the IoT Cybersecurity Improvement Act ( 15 U.S.C. 278g–3b ) with respect to the device. (3) Exception \nThe requirements under paragraph (1) shall not apply to a information system for which— (A) the head of the agency, without delegation, has certified to the Director with particularity that— (i) operational requirements articulated in the certification and related to the information system would make it excessively burdensome to implement the cybersecurity requirement; (ii) the cybersecurity requirement is not necessary to secure the information system or agency information stored on or transiting it; and (iii) the agency has taken all necessary steps to secure the information system and agency information stored on or transiting it; and (B) the head of the agency has submitted the certification described in subparagraph (A) to the appropriate congressional committees and the authorizing committees of the agency. (4) Duration of certification \n(A) In general \nA certification and corresponding exemption of an agency under paragraph (3) shall expire on the date that is 4 years after the date on which the head of the agency submits the certification under paragraph (3)(A). (B) Renewal \nUpon the expiration of a certification of an agency under paragraph (3), the head of the agency may submit an additional certification in accordance with that paragraph. (5) Rules of construction \nNothing in this subsection shall be construed— (A) to alter the authority of the Secretary, the Director, or the Director of the National Institute of Standards and Technology in implementing subchapter II of this title; (B) to affect the standards or process of the National Institute of Standards and Technology; (C) to affect the requirement under section 3553(a)(4); or (D) to discourage continued improvements and advancements in the technology, standards, policies, and guidelines used to promote Federal information security. (g) Exception \n(1) Requirements \nThe requirements under subsection (f)(1) shall not apply to— (A) the Department of Defense; (B) a national security system; or (C) an element of the intelligence community. (2) Prohibition \nThe prohibition under subsection (f)(2) shall not apply to— (A) Internet of things devices that are or comprise a national security system; (B) national security systems; or (C) a procured Internet of things device described in subsection (f)(2)(B) that the Chief Information Officer of an agency determines is— (i) necessary for research purposes; or (ii) secured using alternative and effective methods appropriate to the function of the Internet of things device..", "id": "idc776c2f22c0844e6b2e9d55ca94012c6", "header": "Codifying Federal cybersecurity requirements in title 44", "nested": [], "links": [ { "text": "6 U.S.C. 1523", "legal-doc": "usc", "parsable-cite": "usc/6/1523" }, { "text": "15 U.S.C. 7464", "legal-doc": "usc", "parsable-cite": "usc/15/7464" }, { "text": "15 U.S.C. 278g–3b", "legal-doc": "usc", "parsable-cite": "usc/15/278g-3b" } ] }, { "text": "(b) Report on exemptions \nSection 3554(c)(1) of title 44, United States Code, as amended by this Act, is further amended— (1) in subparagraph (C), by striking and at the end; (2) in subparagraph (D), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (E) with respect to any exemption from the requirements of subsection (f)(3) that is effective on the date of submission of the report, the number of information systems that have received an exemption from those requirements..", "id": "id253c867430734197a5d38af2e197b46f", "header": "Report on exemptions", "nested": [], "links": [] }, { "text": "(c) Duration of certification effective date \nParagraph (3) of section 3554(f) of title 44, United States Code, as added by this Act, shall take effect on the date that is 1 year after the date of enactment of this Act.", "id": "id5698dbe00a8345d18a38328dc90cc620", "header": "Duration of certification effective date", "nested": [], "links": [] }, { "text": "(d) Federal Cybersecurity Enhancement Act of 2015 update \nSection 222(3)(B) of the Federal Cybersecurity Enhancement Act of 2015 ( 6 U.S.C. 1521(3)(B) ) is amended by inserting and the Committee on Oversight and Accountability before of the House of Representatives.", "id": "idd31cd30f4ba949d48b0f77d0472cb6dc", "header": "Federal Cybersecurity Enhancement Act of 2015 update", "nested": [], "links": [ { "text": "6 U.S.C. 1521(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/6/1521" } ] } ], "links": [ { "text": "6 U.S.C. 1523", "legal-doc": "usc", "parsable-cite": "usc/6/1523" }, { "text": "15 U.S.C. 7464", "legal-doc": "usc", "parsable-cite": "usc/15/7464" }, { "text": "15 U.S.C. 278g–3b", "legal-doc": "usc", "parsable-cite": "usc/15/278g-3b" }, { "text": "6 U.S.C. 1521(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/6/1521" } ] }, { "text": "19. Federal chief information security officer \n(a) Amendment \nChapter 36 of title 44, United States Code, is amended by adding at the end the following: 3617. Federal chief information security officer \n(a) Establishment \nThere is established a Federal Chief Information Security Officer, who shall serve in— (1) the Office of the Federal Chief Information Officer of the Office of Management and Budget; and (2) the Office of the National Cyber Director. (b) Appointment \nThe Federal Chief Information Security Officer shall be appointed by the President. (c) OMB duties \nThe Federal Chief Information Security Officer shall report to the Federal Chief Information Officer and assist the Federal Chief Information Officer in carrying out— (1) every function under this chapter; (2) every function assigned to the Director under title II of the E–Government Act of 2002 ( 44 U.S.C. 3501 note; Public Law 107–347 ); (3) other electronic government initiatives consistent with other statutes; and (4) other Federal cybersecurity initiatives determined by the Federal Chief Information Officer. (d) Additional duties \nThe Federal Chief Information Security Officer shall— (1) support the Federal Chief Information Officer in overseeing and implementing Federal cybersecurity under the E–Government Act of 2002 ( Public Law 107–347 ; 116 Stat. 2899) and other relevant statutes in a manner consistent with law; and (2) perform every function assigned to the Director under sections 1321 through 1328 of title 41, United States Code. (e) Coordination with ONCD \nThe Federal Chief Information Security Officer shall support initiatives determined by the Federal Chief Information Officer necessary to coordinate with the Office of the National Cyber Director.. (b) National cyber director duties \nSection 1752 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 6 U.S.C. 1500 ) is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: (g) Senior Federal Cybersecurity Officer \nThe Federal Chief Information Security Officer appointed by the President under section 3617 of title 44, United States Code, shall be a senior official within the Office and carry out duties applicable to the protection of information technology (as defined in section 11101 of title 40, United States Code), including initiatives determined by the Director necessary to coordinate with the Office of the Federal Chief Information Officer.. (c) Treatment of incumbent \nThe individual serving as the Federal Chief Information Security Officer appointed by the President as of the date of the enactment of this Act may serve as the Federal Chief Information Security Officer under section 3617 of title 44, United States Code, as added by this Act, beginning on the date of enactment of this Act, without need for a further or additional appointment under such section. (d) Clerical amendment \nThe table of sections for chapter 36 of title 44, United States Code, is amended by adding at the end the following: Sec. 3617. Federal chief information security officer.", "id": "id9ea635e528614fae968129911f71c8eb", "header": "Federal chief information security officer", "nested": [ { "text": "(a) Amendment \nChapter 36 of title 44, United States Code, is amended by adding at the end the following: 3617. Federal chief information security officer \n(a) Establishment \nThere is established a Federal Chief Information Security Officer, who shall serve in— (1) the Office of the Federal Chief Information Officer of the Office of Management and Budget; and (2) the Office of the National Cyber Director. (b) Appointment \nThe Federal Chief Information Security Officer shall be appointed by the President. (c) OMB duties \nThe Federal Chief Information Security Officer shall report to the Federal Chief Information Officer and assist the Federal Chief Information Officer in carrying out— (1) every function under this chapter; (2) every function assigned to the Director under title II of the E–Government Act of 2002 ( 44 U.S.C. 3501 note; Public Law 107–347 ); (3) other electronic government initiatives consistent with other statutes; and (4) other Federal cybersecurity initiatives determined by the Federal Chief Information Officer. (d) Additional duties \nThe Federal Chief Information Security Officer shall— (1) support the Federal Chief Information Officer in overseeing and implementing Federal cybersecurity under the E–Government Act of 2002 ( Public Law 107–347 ; 116 Stat. 2899) and other relevant statutes in a manner consistent with law; and (2) perform every function assigned to the Director under sections 1321 through 1328 of title 41, United States Code. (e) Coordination with ONCD \nThe Federal Chief Information Security Officer shall support initiatives determined by the Federal Chief Information Officer necessary to coordinate with the Office of the National Cyber Director..", "id": "id93410571c822487c9337cef8ab6b81ca", "header": "Amendment", "nested": [], "links": [ { "text": "Chapter 36", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/36" }, { "text": "44 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/44/3501" }, { "text": "Public Law 107–347", "legal-doc": "public-law", "parsable-cite": "pl/107/347" }, { "text": "Public Law 107–347", "legal-doc": "public-law", "parsable-cite": "pl/107/347" } ] }, { "text": "(b) National cyber director duties \nSection 1752 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 6 U.S.C. 1500 ) is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: (g) Senior Federal Cybersecurity Officer \nThe Federal Chief Information Security Officer appointed by the President under section 3617 of title 44, United States Code, shall be a senior official within the Office and carry out duties applicable to the protection of information technology (as defined in section 11101 of title 40, United States Code), including initiatives determined by the Director necessary to coordinate with the Office of the Federal Chief Information Officer..", "id": "ide5d82d999fe34071a160a4f038a30acd", "header": "National cyber director duties", "nested": [], "links": [ { "text": "6 U.S.C. 1500", "legal-doc": "usc", "parsable-cite": "usc/6/1500" } ] }, { "text": "(c) Treatment of incumbent \nThe individual serving as the Federal Chief Information Security Officer appointed by the President as of the date of the enactment of this Act may serve as the Federal Chief Information Security Officer under section 3617 of title 44, United States Code, as added by this Act, beginning on the date of enactment of this Act, without need for a further or additional appointment under such section.", "id": "id8460f3bb31be40e78c30aa62a07bfc5b", "header": "Treatment of incumbent", "nested": [], "links": [] }, { "text": "(d) Clerical amendment \nThe table of sections for chapter 36 of title 44, United States Code, is amended by adding at the end the following: Sec. 3617. Federal chief information security officer.", "id": "idfd3a325d479445ad8ba22b71037a87cf", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 36", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/36" } ] } ], "links": [ { "text": "Chapter 36", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/36" }, { "text": "44 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/44/3501" }, { "text": "Public Law 107–347", "legal-doc": "public-law", "parsable-cite": "pl/107/347" }, { "text": "Public Law 107–347", "legal-doc": "public-law", "parsable-cite": "pl/107/347" }, { "text": "6 U.S.C. 1500", "legal-doc": "usc", "parsable-cite": "usc/6/1500" }, { "text": "chapter 36", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/36" } ] }, { "text": "3617. Federal chief information security officer \n(a) Establishment \nThere is established a Federal Chief Information Security Officer, who shall serve in— (1) the Office of the Federal Chief Information Officer of the Office of Management and Budget; and (2) the Office of the National Cyber Director. (b) Appointment \nThe Federal Chief Information Security Officer shall be appointed by the President. (c) OMB duties \nThe Federal Chief Information Security Officer shall report to the Federal Chief Information Officer and assist the Federal Chief Information Officer in carrying out— (1) every function under this chapter; (2) every function assigned to the Director under title II of the E–Government Act of 2002 ( 44 U.S.C. 3501 note; Public Law 107–347 ); (3) other electronic government initiatives consistent with other statutes; and (4) other Federal cybersecurity initiatives determined by the Federal Chief Information Officer. (d) Additional duties \nThe Federal Chief Information Security Officer shall— (1) support the Federal Chief Information Officer in overseeing and implementing Federal cybersecurity under the E–Government Act of 2002 ( Public Law 107–347 ; 116 Stat. 2899) and other relevant statutes in a manner consistent with law; and (2) perform every function assigned to the Director under sections 1321 through 1328 of title 41, United States Code. (e) Coordination with ONCD \nThe Federal Chief Information Security Officer shall support initiatives determined by the Federal Chief Information Officer necessary to coordinate with the Office of the National Cyber Director.", "id": "id633b1770bc42414094b7bcdf441db62e", "header": "Federal chief information security officer", "nested": [ { "text": "(a) Establishment \nThere is established a Federal Chief Information Security Officer, who shall serve in— (1) the Office of the Federal Chief Information Officer of the Office of Management and Budget; and (2) the Office of the National Cyber Director.", "id": "id307d0af93bcd4949ba9946701af62f26", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Appointment \nThe Federal Chief Information Security Officer shall be appointed by the President.", "id": "idba6067fd655e43ff95844a5f2196c0e6", "header": "Appointment", "nested": [], "links": [] }, { "text": "(c) OMB duties \nThe Federal Chief Information Security Officer shall report to the Federal Chief Information Officer and assist the Federal Chief Information Officer in carrying out— (1) every function under this chapter; (2) every function assigned to the Director under title II of the E–Government Act of 2002 ( 44 U.S.C. 3501 note; Public Law 107–347 ); (3) other electronic government initiatives consistent with other statutes; and (4) other Federal cybersecurity initiatives determined by the Federal Chief Information Officer.", "id": "id83437e5220264bc9a503f64656917a0c", "header": "OMB duties", "nested": [], "links": [ { "text": "44 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/44/3501" }, { "text": "Public Law 107–347", "legal-doc": "public-law", "parsable-cite": "pl/107/347" } ] }, { "text": "(d) Additional duties \nThe Federal Chief Information Security Officer shall— (1) support the Federal Chief Information Officer in overseeing and implementing Federal cybersecurity under the E–Government Act of 2002 ( Public Law 107–347 ; 116 Stat. 2899) and other relevant statutes in a manner consistent with law; and (2) perform every function assigned to the Director under sections 1321 through 1328 of title 41, United States Code.", "id": "id5399ec581a1948dda197d0d6c0c800bf", "header": "Additional duties", "nested": [], "links": [ { "text": "Public Law 107–347", "legal-doc": "public-law", "parsable-cite": "pl/107/347" } ] }, { "text": "(e) Coordination with ONCD \nThe Federal Chief Information Security Officer shall support initiatives determined by the Federal Chief Information Officer necessary to coordinate with the Office of the National Cyber Director.", "id": "idf27bef0708d24ec39aa2df1bef77de70", "header": "Coordination with ONCD", "nested": [], "links": [] } ], "links": [ { "text": "44 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/44/3501" }, { "text": "Public Law 107–347", "legal-doc": "public-law", "parsable-cite": "pl/107/347" }, { "text": "Public Law 107–347", "legal-doc": "public-law", "parsable-cite": "pl/107/347" } ] }, { "text": "20. Renaming office of the Federal Chief Information Officer \n(a) Definitions \n(1) In general \nSection 3601 of title 44, United States Code, is amended— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (8) as paragraphs (1) through (7), respectively. (2) Conforming amendments \n(A) Title 10 \nSection 2222(i)(6) of title 10, United States Code, is amended by striking section 3601(4) and inserting section 3601. (B) National Security Act of 1947 \nSection 506D(k)(1) of the National Security Act of 1947 ( 50 U.S.C. 3100(k)(1) ) is amended by striking section 3601(4) and inserting section 3601. (b) Office of electronic government \nSection 3602 of title 44, United States Code, is amended— (1) in the heading, by striking Office of Electronic Government and inserting Office of the Federal Chief Information Officer ; (2) in subsection (a), by striking Office of Electronic Government and inserting Office of the Federal Chief Information Officer ; (3) in subsection (b), by striking an Administrator and inserting a Federal Chief Information Officer ; (4) in subsection (c), in the matter preceding paragraph (1), by striking The Administrator and inserting The Federal Chief Information Officer ; (5) in subsection (d), in the matter preceding paragraph (1), by striking The Administrator and inserting The Federal Chief Information Officer ; (6) in subsection (e), in the matter preceding paragraph (1), by striking The Administrator and inserting The Federal Chief Information Officer ; (7) in subsection (f)— (A) in the matter preceding paragraph (1), by striking the Administrator and inserting the Federal Chief Information Officer ; (B) in paragraph (16), by striking the Office of Electronic Government and inserting the Office of the Federal Chief Information Officer ; and (8) in subsection (g), by striking the Office of Electronic Government and inserting the Office of the Federal Chief Information Officer. (c) Chief information officers council \nSection 3603 of title 44, United States Code, is amended— (1) in subsection (b)(2), by striking The Administrator of the Office of Electronic Government and inserting The Federal Chief Information Officer ; (2) in subsection (c)(1), by striking The Administrator of the Office of Electronic Government and inserting The Federal Chief Information Officer ; and (3) in subsection (f)— (A) in paragraph (3), by striking the Administrator and inserting the Federal Chief Information Officer ; and (B) in paragraph (5), by striking the Administrator and inserting the Federal Chief Information Officer. (d) E-Government fund \nSection 3604 of title 44, United States Code, is amended— (1) in subsection (a)(2), by striking the Administrator of the Office of Electronic Government and inserting the Federal Chief Information Officer ; (2) in subsection (b), by striking Administrator each place it appears and inserting Federal Chief Information Officer ; and (3) in subsection (c), in the matter preceding paragraph (1), by striking the Administrator and inserting the Federal Chief Information Officer. (e) Program To encourage innovative solutions To enhance electronic government services and processes \nSection 3605 of title 44, United States Code, is amended— (1) in subsection (a), by striking The Administrator and inserting The Federal Chief Information Officer ; (2) in subsection (b), by striking , the Administrator, and inserting , the Federal Chief Information Officer, ; and (3) in subsection (c)— (A) in paragraph (1)— (i) by striking The Administrator and inserting The Federal Chief Information Officer ; and (ii) by striking proposals submitted to the Administrator and inserting proposals submitted to the Federal Chief Information Officer ; (B) in paragraph (2)(B), by striking the Administrator and inserting the Federal Chief Information Officer ; and (C) in paragraph (4), by striking the Administrator and inserting the Federal Chief Information Officer. (f) E-Government report \nSection 3606 of title 44, United States Code, is amended in the section heading by striking E-Government and inserting Annual. (g) Treatment of incumbent \nThe individual serving as the Administrator of the Office of Electronic Government under section 3602 of title 44, United States Code, as of the date of the enactment of this Act, may continue to serve as the Federal Chief Information Officer commencing as of that date, without need for a further or additional appointment under such section. (h) Technical and conforming amendments \nThe table of sections for chapter 36 of title 44, United States Code, is amended— (1) by striking the item relating to section 3602 and inserting the following: 3602. Office of the Federal Chief Information Officer. ; and (2) in the item relating to section 3606, by striking E–Government and inserting Annual. (i) References \n(1) Administrator \nAny reference to the Administrator of the Office of Electronic Government in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Federal Chief Information Officer. (2) Office of Electronic Government \nAny reference to the Office of Electronic Government in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Office of the Federal Chief Information Officer.", "id": "idb7978e50b88147c1866b12b73005fa4f", "header": "Renaming office of the Federal Chief Information Officer", "nested": [ { "text": "(a) Definitions \n(1) In general \nSection 3601 of title 44, United States Code, is amended— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (8) as paragraphs (1) through (7), respectively. (2) Conforming amendments \n(A) Title 10 \nSection 2222(i)(6) of title 10, United States Code, is amended by striking section 3601(4) and inserting section 3601. (B) National Security Act of 1947 \nSection 506D(k)(1) of the National Security Act of 1947 ( 50 U.S.C. 3100(k)(1) ) is amended by striking section 3601(4) and inserting section 3601.", "id": "id53de8f8cf39b4c188c994a1b875ca9e3", "header": "Definitions", "nested": [], "links": [ { "text": "50 U.S.C. 3100(k)(1)", "legal-doc": "usc", "parsable-cite": "usc/50/3100" } ] }, { "text": "(b) Office of electronic government \nSection 3602 of title 44, United States Code, is amended— (1) in the heading, by striking Office of Electronic Government and inserting Office of the Federal Chief Information Officer ; (2) in subsection (a), by striking Office of Electronic Government and inserting Office of the Federal Chief Information Officer ; (3) in subsection (b), by striking an Administrator and inserting a Federal Chief Information Officer ; (4) in subsection (c), in the matter preceding paragraph (1), by striking The Administrator and inserting The Federal Chief Information Officer ; (5) in subsection (d), in the matter preceding paragraph (1), by striking The Administrator and inserting The Federal Chief Information Officer ; (6) in subsection (e), in the matter preceding paragraph (1), by striking The Administrator and inserting The Federal Chief Information Officer ; (7) in subsection (f)— (A) in the matter preceding paragraph (1), by striking the Administrator and inserting the Federal Chief Information Officer ; (B) in paragraph (16), by striking the Office of Electronic Government and inserting the Office of the Federal Chief Information Officer ; and (8) in subsection (g), by striking the Office of Electronic Government and inserting the Office of the Federal Chief Information Officer.", "id": "id4293e083658844549dec2c50aa778202", "header": "Office of electronic government", "nested": [], "links": [] }, { "text": "(c) Chief information officers council \nSection 3603 of title 44, United States Code, is amended— (1) in subsection (b)(2), by striking The Administrator of the Office of Electronic Government and inserting The Federal Chief Information Officer ; (2) in subsection (c)(1), by striking The Administrator of the Office of Electronic Government and inserting The Federal Chief Information Officer ; and (3) in subsection (f)— (A) in paragraph (3), by striking the Administrator and inserting the Federal Chief Information Officer ; and (B) in paragraph (5), by striking the Administrator and inserting the Federal Chief Information Officer.", "id": "id14083d2ca2744980be3f3364eece2543", "header": "Chief information officers council", "nested": [], "links": [] }, { "text": "(d) E-Government fund \nSection 3604 of title 44, United States Code, is amended— (1) in subsection (a)(2), by striking the Administrator of the Office of Electronic Government and inserting the Federal Chief Information Officer ; (2) in subsection (b), by striking Administrator each place it appears and inserting Federal Chief Information Officer ; and (3) in subsection (c), in the matter preceding paragraph (1), by striking the Administrator and inserting the Federal Chief Information Officer.", "id": "idd989cfa3a7b647279bfa990b40267e59", "header": "E-Government fund", "nested": [], "links": [] }, { "text": "(e) Program To encourage innovative solutions To enhance electronic government services and processes \nSection 3605 of title 44, United States Code, is amended— (1) in subsection (a), by striking The Administrator and inserting The Federal Chief Information Officer ; (2) in subsection (b), by striking , the Administrator, and inserting , the Federal Chief Information Officer, ; and (3) in subsection (c)— (A) in paragraph (1)— (i) by striking The Administrator and inserting The Federal Chief Information Officer ; and (ii) by striking proposals submitted to the Administrator and inserting proposals submitted to the Federal Chief Information Officer ; (B) in paragraph (2)(B), by striking the Administrator and inserting the Federal Chief Information Officer ; and (C) in paragraph (4), by striking the Administrator and inserting the Federal Chief Information Officer.", "id": "idb7928fd4848c4e1996f878569efd6a17", "header": "Program To encourage innovative solutions To enhance electronic government services and processes", "nested": [], "links": [] }, { "text": "(f) E-Government report \nSection 3606 of title 44, United States Code, is amended in the section heading by striking E-Government and inserting Annual.", "id": "ida5ec09024e7d4b749361e49aafcfa33d", "header": "E-Government report", "nested": [], "links": [] }, { "text": "(g) Treatment of incumbent \nThe individual serving as the Administrator of the Office of Electronic Government under section 3602 of title 44, United States Code, as of the date of the enactment of this Act, may continue to serve as the Federal Chief Information Officer commencing as of that date, without need for a further or additional appointment under such section.", "id": "id9950267f0a714e378919ad05290b77ec", "header": "Treatment of incumbent", "nested": [], "links": [] }, { "text": "(h) Technical and conforming amendments \nThe table of sections for chapter 36 of title 44, United States Code, is amended— (1) by striking the item relating to section 3602 and inserting the following: 3602. Office of the Federal Chief Information Officer. ; and (2) in the item relating to section 3606, by striking E–Government and inserting Annual.", "id": "id38da9f367a8a4a78a95e8465fccca712", "header": "Technical and conforming amendments", "nested": [], "links": [ { "text": "chapter 36", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/36" } ] }, { "text": "(i) References \n(1) Administrator \nAny reference to the Administrator of the Office of Electronic Government in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Federal Chief Information Officer. (2) Office of Electronic Government \nAny reference to the Office of Electronic Government in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Office of the Federal Chief Information Officer.", "id": "id2d07c3fddc5c4a19a992fd3184c68658", "header": "References", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 3100(k)(1)", "legal-doc": "usc", "parsable-cite": "usc/50/3100" }, { "text": "chapter 36", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/36" } ] }, { "text": "21. Rules of construction \n(a) Agency actions \nNothing in this Act, or an amendment made by this Act, shall be construed to authorize the head of an agency to take an action that is not authorized by this Act, an amendment made by this Act, or existing law. (b) Protection of rights \nNothing in this Act, or an amendment made by this Act, shall be construed to permit the violation of the rights of any individual protected by the Constitution of the United States, including through censorship of speech protected by the Constitution of the United States or unauthorized surveillance.", "id": "ide8b06eab778a467eace212631f530b4f", "header": "Rules of construction", "nested": [ { "text": "(a) Agency actions \nNothing in this Act, or an amendment made by this Act, shall be construed to authorize the head of an agency to take an action that is not authorized by this Act, an amendment made by this Act, or existing law.", "id": "id11092f632a2a4133a2e1e0052b158abb", "header": "Agency actions", "nested": [], "links": [] }, { "text": "(b) Protection of rights \nNothing in this Act, or an amendment made by this Act, shall be construed to permit the violation of the rights of any individual protected by the Constitution of the United States, including through censorship of speech protected by the Constitution of the United States or unauthorized surveillance.", "id": "id126cf4024f4c444daf8622e587c49ef8", "header": "Protection of rights", "nested": [], "links": [] } ], "links": [] } ]

[ "Administrative law and regulatory procedures", "Advanced technology and technological innovations", "Advisory bodies", "Computer security and identity theft", "Computers and information technology", "Congressional oversight", "Congressional-executive branch relations", "Department of Homeland Security", "Employment and training programs", "Executive agency funding and structure", "Federal officials", "Government information and archives", "Government studies and investigations", "Homeland security", "Internet, web applications, social media", "Office of Management and Budget (OMB)", "Performance measurement", "Public contracts and procurement" ]

[ { "text": "1. Short title \nThis Act may be cited as the Forest Protection and Wildland Firefighter Safety Act of 2023.", "id": "idd422f596498a41a18cab76cf90ec9959", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Permitting requirements for certain discharges of fire retardant \n(a) Definition of Federal land management agency \nIn this section, the term Federal land management agency means— (1) the Forest Service; (2) the National Park Service; (3) the Bureau of Land Management; (4) the United States Fish and Wildlife Service; (5) the Bureau of Indian Affairs; and (6) the Federal Emergency Management Agency. (b) No permitting required \nNotwithstanding any provision of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), a permit under section 402 of such Act ( 33 U.S.C. 1342 ) shall not be required for the discharge of fire retardant in connection with fire suppression, control, or prevention activities carried out by a Federal land management agency, a State government, a political subdivision of a State, or a Tribal government.", "id": "HDF82679B6D1946EB8CBABEB151713E61", "header": "Permitting requirements for certain discharges of fire retardant", "nested": [ { "text": "(a) Definition of Federal land management agency \nIn this section, the term Federal land management agency means— (1) the Forest Service; (2) the National Park Service; (3) the Bureau of Land Management; (4) the United States Fish and Wildlife Service; (5) the Bureau of Indian Affairs; and (6) the Federal Emergency Management Agency.", "id": "id0deada0e6c5b472bb902b52b92695431", "header": "Definition of Federal land management agency", "nested": [], "links": [] }, { "text": "(b) No permitting required \nNotwithstanding any provision of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), a permit under section 402 of such Act ( 33 U.S.C. 1342 ) shall not be required for the discharge of fire retardant in connection with fire suppression, control, or prevention activities carried out by a Federal land management agency, a State government, a political subdivision of a State, or a Tribal government.", "id": "id539a5c29d32b4de8ae16432ab6f53826", "header": "No permitting required", "nested": [], "links": [ { "text": "33 U.S.C. 1251 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/1251" }, { "text": "33 U.S.C. 1342", "legal-doc": "usc", "parsable-cite": "usc/33/1342" } ] } ], "links": [ { "text": "33 U.S.C. 1251 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/1251" }, { "text": "33 U.S.C. 1342", "legal-doc": "usc", "parsable-cite": "usc/33/1342" } ] } ]

[ "Agriculture and Food", "Fires", "First responders and emergency personnel", "Forests, forestry, trees" ]

[ { "text": "1. Short title \nThis Act may be cited as the DHS International Cyber Partner Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Purpose \nThe purpose of this Act is to authorize the Secretary of Homeland Security to assign personnel to foreign locations to support the missions of the Department of Homeland Security.", "id": "idb39b36afbce94fd59f3074fcd19832dc", "header": "Purpose", "nested": [], "links": [] }, { "text": "3. International assignment \n(a) In general \nTitle I of the Homeland Security Act of 2002 ( 6 U.S.C. 111 et seq. ) is amended by adding at the end the following: 104. International assignment \n(a) International assignment \n(1) In general \nThe Secretary, with the concurrence of the Secretary of State, may assign personnel of the Department to a duty station that is located outside the United States at which the Secretary determines representation of the Department is necessary to accomplish the cybersecurity and infrastructure security missions of the Department and to carry out duties and activities as assigned by the Secretary. (2) Concurrence on activities \nThe activities of personnel of the Department who are assigned under this subsection shall be— (A) performed with the concurrence of the chief of mission to the foreign country to which such personnel are assigned; and (B) consistent with the duties and powers of the Secretary of State and the chief of mission for a foreign country under section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4802 ) and section 207 of the Foreign Service Act of 1980 ( 22 U.S.C. 3927 ), respectively. (b) Rule of construction \nThis section shall not be construed to affect, augment, or diminish the authority of the Secretary of State or any other officer of the Federal Government.. (b) Conforming amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–196 ; 116 Stat. 2135) is amended by inserting after the item relating to section 103 the following: Sec. 104. International assignment..", "id": "idbaa9c5ae7f26457f93156889d8742645", "header": "International assignment", "nested": [ { "text": "(a) In general \nTitle I of the Homeland Security Act of 2002 ( 6 U.S.C. 111 et seq. ) is amended by adding at the end the following: 104. International assignment \n(a) International assignment \n(1) In general \nThe Secretary, with the concurrence of the Secretary of State, may assign personnel of the Department to a duty station that is located outside the United States at which the Secretary determines representation of the Department is necessary to accomplish the cybersecurity and infrastructure security missions of the Department and to carry out duties and activities as assigned by the Secretary. (2) Concurrence on activities \nThe activities of personnel of the Department who are assigned under this subsection shall be— (A) performed with the concurrence of the chief of mission to the foreign country to which such personnel are assigned; and (B) consistent with the duties and powers of the Secretary of State and the chief of mission for a foreign country under section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4802 ) and section 207 of the Foreign Service Act of 1980 ( 22 U.S.C. 3927 ), respectively. (b) Rule of construction \nThis section shall not be construed to affect, augment, or diminish the authority of the Secretary of State or any other officer of the Federal Government..", "id": "id8c35b0ad1af94346a4ece6fc3bec7f63", "header": "In general", "nested": [], "links": [ { "text": "6 U.S.C. 111 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/111" }, { "text": "22 U.S.C. 4802", "legal-doc": "usc", "parsable-cite": "usc/22/4802" }, { "text": "22 U.S.C. 3927", "legal-doc": "usc", "parsable-cite": "usc/22/3927" } ] }, { "text": "(b) Conforming amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–196 ; 116 Stat. 2135) is amended by inserting after the item relating to section 103 the following: Sec. 104. International assignment..", "id": "id0C341197B7894D1CAE9FDCFE76706235", "header": "Conforming amendment", "nested": [], "links": [ { "text": "Public Law 107–196", "legal-doc": "public-law", "parsable-cite": "pl/107/196" } ] } ], "links": [ { "text": "6 U.S.C. 111 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/111" }, { "text": "22 U.S.C. 4802", "legal-doc": "usc", "parsable-cite": "usc/22/4802" }, { "text": "22 U.S.C. 3927", "legal-doc": "usc", "parsable-cite": "usc/22/3927" }, { "text": "Public Law 107–196", "legal-doc": "public-law", "parsable-cite": "pl/107/196" } ] }, { "text": "104. International assignment \n(a) International assignment \n(1) In general \nThe Secretary, with the concurrence of the Secretary of State, may assign personnel of the Department to a duty station that is located outside the United States at which the Secretary determines representation of the Department is necessary to accomplish the cybersecurity and infrastructure security missions of the Department and to carry out duties and activities as assigned by the Secretary. (2) Concurrence on activities \nThe activities of personnel of the Department who are assigned under this subsection shall be— (A) performed with the concurrence of the chief of mission to the foreign country to which such personnel are assigned; and (B) consistent with the duties and powers of the Secretary of State and the chief of mission for a foreign country under section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4802 ) and section 207 of the Foreign Service Act of 1980 ( 22 U.S.C. 3927 ), respectively. (b) Rule of construction \nThis section shall not be construed to affect, augment, or diminish the authority of the Secretary of State or any other officer of the Federal Government.", "id": "idc623389f593b49d1b5a00091caf22f46", "header": "International assignment", "nested": [ { "text": "(a) International assignment \n(1) In general \nThe Secretary, with the concurrence of the Secretary of State, may assign personnel of the Department to a duty station that is located outside the United States at which the Secretary determines representation of the Department is necessary to accomplish the cybersecurity and infrastructure security missions of the Department and to carry out duties and activities as assigned by the Secretary. (2) Concurrence on activities \nThe activities of personnel of the Department who are assigned under this subsection shall be— (A) performed with the concurrence of the chief of mission to the foreign country to which such personnel are assigned; and (B) consistent with the duties and powers of the Secretary of State and the chief of mission for a foreign country under section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4802 ) and section 207 of the Foreign Service Act of 1980 ( 22 U.S.C. 3927 ), respectively.", "id": "id36955ce31c7e4b9d9ec60963449fe04d", "header": "International assignment", "nested": [], "links": [ { "text": "22 U.S.C. 4802", "legal-doc": "usc", "parsable-cite": "usc/22/4802" }, { "text": "22 U.S.C. 3927", "legal-doc": "usc", "parsable-cite": "usc/22/3927" } ] }, { "text": "(b) Rule of construction \nThis section shall not be construed to affect, augment, or diminish the authority of the Secretary of State or any other officer of the Federal Government.", "id": "id33dc4bd3b09147508dfe8f73d1483e73", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 4802", "legal-doc": "usc", "parsable-cite": "usc/22/4802" }, { "text": "22 U.S.C. 3927", "legal-doc": "usc", "parsable-cite": "usc/22/3927" } ] }, { "text": "4. CISA Activities \n(a) Foreign locations \nSection 2202(g)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 652(g)(1) ) is amended by inserting , including locations outside the United States before the period at the end. (b) Cyber planning \nSection 2216 of the Homeland Security Act of 2002 ( 6 U.S.C. 665b ) is amended— (1) in subsection (a), in the first sentence, by inserting , including international partners, as appropriate after for public and private sector entities ; and (2) in subsection (c)(2)— (A) in subparagraph (E), by striking and at the end; (B) in subparagraph (F), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following (G) for planning with international partners, the Department of State.. (c) Cybersentry \nSection 2220C of the Homeland Security Act of 2002 ( 6 U.S.C. 665i ) is amended— (1) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively; and (2) by inserting after subsection (c) the following: (d) International \n(1) In general \nThe Director may, subject to approval by the Secretary and pursuant to section 104 and subsection (b) of this section, enter into agreements or arrangements with foreign governments and foreign owners and operators of critical infrastructure that, in the determination of the Director, in consultation with the Secretary and the Secretary of State, would further the homeland security interests of the United States and enhance the ability of a foreign government or foreign owner or operator of critical infrastructure to work cooperatively with the United States to advance the homeland security interests of the United States. (2) Reimbursement of expenses \nThe Director is authorized to collect payment from the receiving entity for the cost of services, technical assistance, or expertise provided under this subsection and any accompanying shipping costs. (3) Receipts credited as offsetting collections \nNotwithstanding section 3302 of title 31, United States Code, any amount collected under this subsection— (A) shall be credited as offsetting collections to the account that finances the services, technical assistance, or expertise for which the payment is received; and (B) shall remain available until expended for the purpose of providing for the security interests of the homeland..", "id": "ida209ce480e0f41a0b805139da3d08d19", "header": "CISA Activities", "nested": [ { "text": "(a) Foreign locations \nSection 2202(g)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 652(g)(1) ) is amended by inserting , including locations outside the United States before the period at the end.", "id": "id43b0a6c9b48540869a04f653f2c5e8e8", "header": "Foreign locations", "nested": [], "links": [ { "text": "6 U.S.C. 652(g)(1)", "legal-doc": "usc", "parsable-cite": "usc/6/652" } ] }, { "text": "(b) Cyber planning \nSection 2216 of the Homeland Security Act of 2002 ( 6 U.S.C. 665b ) is amended— (1) in subsection (a), in the first sentence, by inserting , including international partners, as appropriate after for public and private sector entities ; and (2) in subsection (c)(2)— (A) in subparagraph (E), by striking and at the end; (B) in subparagraph (F), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following (G) for planning with international partners, the Department of State..", "id": "ide1bba50c75b841c5ad57b3c284c9f907", "header": "Cyber planning", "nested": [], "links": [ { "text": "6 U.S.C. 665b", "legal-doc": "usc", "parsable-cite": "usc/6/665b" } ] }, { "text": "(c) Cybersentry \nSection 2220C of the Homeland Security Act of 2002 ( 6 U.S.C. 665i ) is amended— (1) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively; and (2) by inserting after subsection (c) the following: (d) International \n(1) In general \nThe Director may, subject to approval by the Secretary and pursuant to section 104 and subsection (b) of this section, enter into agreements or arrangements with foreign governments and foreign owners and operators of critical infrastructure that, in the determination of the Director, in consultation with the Secretary and the Secretary of State, would further the homeland security interests of the United States and enhance the ability of a foreign government or foreign owner or operator of critical infrastructure to work cooperatively with the United States to advance the homeland security interests of the United States. (2) Reimbursement of expenses \nThe Director is authorized to collect payment from the receiving entity for the cost of services, technical assistance, or expertise provided under this subsection and any accompanying shipping costs. (3) Receipts credited as offsetting collections \nNotwithstanding section 3302 of title 31, United States Code, any amount collected under this subsection— (A) shall be credited as offsetting collections to the account that finances the services, technical assistance, or expertise for which the payment is received; and (B) shall remain available until expended for the purpose of providing for the security interests of the homeland..", "id": "id3347d4e558d3494db1de33ba42afe346", "header": "Cybersentry", "nested": [], "links": [ { "text": "6 U.S.C. 665i", "legal-doc": "usc", "parsable-cite": "usc/6/665i" } ] } ], "links": [ { "text": "6 U.S.C. 652(g)(1)", "legal-doc": "usc", "parsable-cite": "usc/6/652" }, { "text": "6 U.S.C. 665b", "legal-doc": "usc", "parsable-cite": "usc/6/665b" }, { "text": "6 U.S.C. 665i", "legal-doc": "usc", "parsable-cite": "usc/6/665i" } ] } ]

[ "Computer security and identity theft", "International organizations and cooperation" ]

[ { "text": "1. Short title \nThis Act may be cited as the Sickle Cell Disease and Other Heritable Blood Disorders Research, Surveillance, Prevention, and Treatment Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Sickle cell disease treatment prevention and treatment \n(a) In general \nSection 1106(b) of the Public Health Service Act ( 42 U.S.C. 300b–5(b) ) is amended— (1) in paragraph (1)(A)(iii), by striking prevention and treatment of sickle cell disease and inserting treatment of sickle cell disease and the prevention and treatment of complications of sickle cell disease ; (2) in paragraph (2)(D), by striking prevention and treatment of sickle cell disease and inserting treatment of sickle cell disease and the prevention and treatment of complications of sickle cell disease ; (3) in paragraph (3)— (A) in subparagraph (A), by striking enter into a contract with and inserting make a grant to, or enter into a contract or cooperative agreement with, ; and (B) in subparagraph (B), in each of clauses (ii) and (iii), by striking prevention and treatment of sickle cell disease and inserting treatment of sickle cell disease and the prevention and treatment of complications of sickle cell disease ; and (4) in paragraph (6), by striking $4,455,000 for each of fiscal years 2019 through 2023 and inserting $8,205,000 for each of fiscal years 2024 through 2028. (b) Sense of Congress \nIt is the sense of Congress that further research should be undertaken to expand the understanding of the causes of, and to find cures for, heritable blood disorders, including sickle cell disease.", "id": "idfdcfb972933246509b4e8eae07fc3fc3", "header": "Sickle cell disease treatment prevention and treatment", "nested": [ { "text": "(a) In general \nSection 1106(b) of the Public Health Service Act ( 42 U.S.C. 300b–5(b) ) is amended— (1) in paragraph (1)(A)(iii), by striking prevention and treatment of sickle cell disease and inserting treatment of sickle cell disease and the prevention and treatment of complications of sickle cell disease ; (2) in paragraph (2)(D), by striking prevention and treatment of sickle cell disease and inserting treatment of sickle cell disease and the prevention and treatment of complications of sickle cell disease ; (3) in paragraph (3)— (A) in subparagraph (A), by striking enter into a contract with and inserting make a grant to, or enter into a contract or cooperative agreement with, ; and (B) in subparagraph (B), in each of clauses (ii) and (iii), by striking prevention and treatment of sickle cell disease and inserting treatment of sickle cell disease and the prevention and treatment of complications of sickle cell disease ; and (4) in paragraph (6), by striking $4,455,000 for each of fiscal years 2019 through 2023 and inserting $8,205,000 for each of fiscal years 2024 through 2028.", "id": "id701b8e0d63b1480eaebfaf510098eecb", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 300b–5(b)", "legal-doc": "usc", "parsable-cite": "usc/42/300b-5" } ] }, { "text": "(b) Sense of Congress \nIt is the sense of Congress that further research should be undertaken to expand the understanding of the causes of, and to find cures for, heritable blood disorders, including sickle cell disease.", "id": "idddc07be001ec4a46bcd596c41b0e6f35", "header": "Sense of Congress", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 300b–5(b)", "legal-doc": "usc", "parsable-cite": "usc/42/300b-5" } ] } ]

[ "Blood and blood diseases", "Genetics", "Health promotion and preventive care", "Hereditary and development disorders", "Medical research", "Research administration and funding" ]

[ { "text": "1. Short title \nThis Act may be cited as the Reuse Excess Property Act.", "id": "idb8e8e61c-6a26-4ec5-a2a4-12e94e837b18", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Reporting on excess personal property \n(a) In general \nSubchapter II of chapter 5 of title 40, United States Code, is amended— (1) in section 529— (A) in subsection (a), in the matter preceding paragraph (1), by inserting and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives after Administrator of General Services ; and (B) by adding at the end the following: (c) Compilation of data \nNot later than 180 days following the close of a fiscal year, the Administrator shall compile the data in the reports submitted under subsection (a) and submit to the Committee on Homeland Security Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives and publish on a centralized online website a publicly available report, which shall include— (1) the complete data provided in each report in a user-friendly format; (2) a summary of the findings of each report, including the aggregate dollar amount of personal property determined to be no longer required for the purpose of the appropriation used to make the purchase; and (3) any other recommendations from the Administrator. ; and (2) by inserting after section 529 the following: 530. Internal guidance on excess personal property \n(a) Initial report \nNot later than 180 days after the date of enactment of this section, each executive agency shall submit to the Administrator of General Services and make publicly available on the website of the executive agency the internal guidance of the executive agency on considering using excess personal property to meet the needs of the executive agency, which shall include— (1) a requirement to consider excess personal property before buying new; (2) when it is practicable to check for and obtain excess personal property; (3) how to evaluate the suitability of excess personal property for use; and (4) defined roles and responsibilities relevant to considering the use of excess personal property, including the designation of an employee as responsible for searching through available excess personal property for items that meet the needs of the executive agency. (b) Updates \nEach executive agency shall submit to the Administrator of General Services and update on the website of the executive agency any changes to the internal guidance submitted and made available under subsection (a).. (b) Report on interagency working group \nNot later than 180 days after the date of enactment of this Act, the Administrator of General Services shall publish a publicly available report on a centralized online website that includes a summary of findings from the interagency working group on the acquisition of personal property that was first convened in February 2023 on ways to improve the use of excess personal property. (c) Technical and conforming amendment \nThe table of sections for chapter 5 of title 40, United States Code, is amended by inserting after the item relating to section 529 the following: 530. Internal guidance on excess personal property.. (d) GAO report \nThe Comptroller General of the United States 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 that evaluates the frequency with which executive agencies (as defined in section 102 of title 40, United States Code) acquire personal property that was made, produced, or manufactured by any entity, including any corporation, that is organized under the laws of, is headquartered in, or has its principal place of business in the People’s Republic of China, including any Special Administrative Region. (e) Sunset \nEffective the date that is 5 years after the date of enactment of this Act, chapter 5 of title 40, United States Code, is amended— (1) in section 529— (A) in subsection (a), in the matter preceding paragraph (1), by striking and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives ; and (B) by striking subsection (c); (2) by striking section 530; and (3) in the table of sections, by striking the item relating to section 530. (f) No additional funds \nNo additional funds are authorized to be appropriated for the purpose of carrying out this Act or the amendments made by this Act.", "id": "id5122b2ee-649a-45d3-8fb7-2ae31ceebde2", "header": "Reporting on excess personal property", "nested": [ { "text": "(a) In general \nSubchapter II of chapter 5 of title 40, United States Code, is amended— (1) in section 529— (A) in subsection (a), in the matter preceding paragraph (1), by inserting and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives after Administrator of General Services ; and (B) by adding at the end the following: (c) Compilation of data \nNot later than 180 days following the close of a fiscal year, the Administrator shall compile the data in the reports submitted under subsection (a) and submit to the Committee on Homeland Security Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives and publish on a centralized online website a publicly available report, which shall include— (1) the complete data provided in each report in a user-friendly format; (2) a summary of the findings of each report, including the aggregate dollar amount of personal property determined to be no longer required for the purpose of the appropriation used to make the purchase; and (3) any other recommendations from the Administrator. ; and (2) by inserting after section 529 the following: 530. Internal guidance on excess personal property \n(a) Initial report \nNot later than 180 days after the date of enactment of this section, each executive agency shall submit to the Administrator of General Services and make publicly available on the website of the executive agency the internal guidance of the executive agency on considering using excess personal property to meet the needs of the executive agency, which shall include— (1) a requirement to consider excess personal property before buying new; (2) when it is practicable to check for and obtain excess personal property; (3) how to evaluate the suitability of excess personal property for use; and (4) defined roles and responsibilities relevant to considering the use of excess personal property, including the designation of an employee as responsible for searching through available excess personal property for items that meet the needs of the executive agency. (b) Updates \nEach executive agency shall submit to the Administrator of General Services and update on the website of the executive agency any changes to the internal guidance submitted and made available under subsection (a)..", "id": "ida5448dbd-6e80-4fb8-b24e-3e4bc684964c", "header": "In general", "nested": [], "links": [ { "text": "chapter 5", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/40/5" } ] }, { "text": "(b) Report on interagency working group \nNot later than 180 days after the date of enactment of this Act, the Administrator of General Services shall publish a publicly available report on a centralized online website that includes a summary of findings from the interagency working group on the acquisition of personal property that was first convened in February 2023 on ways to improve the use of excess personal property.", "id": "idc48a5c18-a98a-47a4-a111-bafd3fd67ad5", "header": "Report on interagency working group", "nested": [], "links": [] }, { "text": "(c) Technical and conforming amendment \nThe table of sections for chapter 5 of title 40, United States Code, is amended by inserting after the item relating to section 529 the following: 530. Internal guidance on excess personal property..", "id": "idf4d2af8f-9cac-4734-b20b-72ee6acd0165", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "chapter 5", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/40/5" }, { "text": "section 529", "legal-doc": "usc", "parsable-cite": "usc/40/529" } ] }, { "text": "(d) GAO report \nThe Comptroller General of the United States 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 that evaluates the frequency with which executive agencies (as defined in section 102 of title 40, United States Code) acquire personal property that was made, produced, or manufactured by any entity, including any corporation, that is organized under the laws of, is headquartered in, or has its principal place of business in the People’s Republic of China, including any Special Administrative Region.", "id": "id96e47624aa2b4929a3cf6d1367bc6012", "header": "GAO report", "nested": [], "links": [] }, { "text": "(e) Sunset \nEffective the date that is 5 years after the date of enactment of this Act, chapter 5 of title 40, United States Code, is amended— (1) in section 529— (A) in subsection (a), in the matter preceding paragraph (1), by striking and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives ; and (B) by striking subsection (c); (2) by striking section 530; and (3) in the table of sections, by striking the item relating to section 530.", "id": "id961a323759ea400e8239401fb72e4643", "header": "Sunset", "nested": [], "links": [ { "text": "chapter 5", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/40/5" } ] }, { "text": "(f) No additional funds \nNo additional funds are authorized to be appropriated for the purpose of carrying out this Act or the amendments made by this Act.", "id": "id2063662f2d164a5c98a7137928186b15", "header": "No additional funds", "nested": [], "links": [] } ], "links": [ { "text": "chapter 5", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/40/5" }, { "text": "chapter 5", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/40/5" }, { "text": "section 529", "legal-doc": "usc", "parsable-cite": "usc/40/529" }, { "text": "chapter 5", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/40/5" } ] }, { "text": "530. Internal guidance on excess personal property \n(a) Initial report \nNot later than 180 days after the date of enactment of this section, each executive agency shall submit to the Administrator of General Services and make publicly available on the website of the executive agency the internal guidance of the executive agency on considering using excess personal property to meet the needs of the executive agency, which shall include— (1) a requirement to consider excess personal property before buying new; (2) when it is practicable to check for and obtain excess personal property; (3) how to evaluate the suitability of excess personal property for use; and (4) defined roles and responsibilities relevant to considering the use of excess personal property, including the designation of an employee as responsible for searching through available excess personal property for items that meet the needs of the executive agency. (b) Updates \nEach executive agency shall submit to the Administrator of General Services and update on the website of the executive agency any changes to the internal guidance submitted and made available under subsection (a).", "id": "ida912ab56-db0e-4ff9-af36-7bdab167a90b", "header": "Internal guidance on excess personal property", "nested": [ { "text": "(a) Initial report \nNot later than 180 days after the date of enactment of this section, each executive agency shall submit to the Administrator of General Services and make publicly available on the website of the executive agency the internal guidance of the executive agency on considering using excess personal property to meet the needs of the executive agency, which shall include— (1) a requirement to consider excess personal property before buying new; (2) when it is practicable to check for and obtain excess personal property; (3) how to evaluate the suitability of excess personal property for use; and (4) defined roles and responsibilities relevant to considering the use of excess personal property, including the designation of an employee as responsible for searching through available excess personal property for items that meet the needs of the executive agency.", "id": "ide1e81dc5-4977-42c3-b0b8-9208c429b603", "header": "Initial report", "nested": [], "links": [] }, { "text": "(b) Updates \nEach executive agency shall submit to the Administrator of General Services and update on the website of the executive agency any changes to the internal guidance submitted and made available under subsection (a).", "id": "id6b0f6de9-c09f-450a-93b7-61fef8a75e08", "header": "Updates", "nested": [], "links": [] } ], "links": [] } ]

[ "Congressional oversight", "Government buildings, facilities, and property", "Government information and archives", "Government studies and investigations", "Property rights" ]

[ { "text": "1. Short title \nThis Act may be cited as the State Firearms Dealer Licensing Enhancement Act.", "id": "H8FFE0777B819467BBE4DABABB126572F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. State Firearms Dealer Licensing Grant Program \n(a) Grant program authorized \nTitle I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ) is amended by adding at the end the following: PP State Firearms Dealer Licensing Grant Program \n3061. Grant program \n(a) Program authorized \nFrom the amounts appropriated to carry out this part, and not later than 180 days after such amounts are appropriated, the Attorney General may award annual grants, on a competitive basis, to eligible applicants for the development, implementation, improvement, or evaluation of firearms dealer licensing programs. (b) Application \nAn eligible applicant desiring a grant under this part shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require, including— (1) a description of the law that the applicant has enacted to require a license for any firearms dealer, including a description of any exemptions to such law; (2) a description of how the applicant will use the grant to develop, implement, improve, or evaluate the firearms dealer licensing program of the applicant; and (3) a description of the inspection bodies and procedures of the applicant used to inspect firearms dealers. (c) Subawards \nA State that receives a grant under this part may make a subaward to a unit of local government authorized to oversee and enforce the development, implementation, improvement, or evaluation of the firearms dealer licensing program for which the grant under this part will be used. (d) Reporting requirement \n(1) Annual reports by recipients \nAn eligible applicant that receives a grant under this part shall provide an annual report to the Attorney General with the following information: (A) The number of inspections conducted in the jurisdiction of the eligible applicant of persons licensed as a firearms dealer by the eligible applicant during the previous year. (B) The number of violations by persons licensed as a firearms dealer by the eligible applicant that were cited during the previous year, disaggregated by violation type. (C) The total number of persons licensed as a firearms dealer by the eligible applicant as of the end of the previous year. (D) The number of licenses to engage in business as a firearms dealer in the jurisdiction of the eligible applicant that, during the previous year, were— (i) issued; (ii) renewed; (iii) suspended; or (iv) revoked. (2) To Congress \nNot later than 13 months after the first grants are awarded under this part, and every year thereafter, the Attorney General shall submit to Congress and make available publicly through print and electronic means a report, which shall include the following information: (A) A list of eligible applicants who received funds under a grant under this part during the previous fiscal year, including the funds awarded, cumulatively and disaggregated by grantee. (B) The information gathered pursuant to paragraph (1), disaggregated by grantee. (C) A list of eligible applicants who were denied grants under this part, and the basis for such denials. (e) Limitation on grant amount \nA grant under this part may not be in an amount that is more than $2,500,000 per fiscal year. 3062. Definitions \nIn this part: (1) Eligible applicant \nThe term eligible applicant means a State or Indian tribal government that has in effect a law that, at a minimum, requires the following: (A) To engage in business as a firearms dealer in the area subject to the jurisdiction of the State or Indian tribal government, a person shall be a licensed dealer and be licensed as a firearms dealer under such law. (B) A person shall only be licensed as a firearms dealer under such law upon successful completion of the application process set by such law. (C) A license to engage in business as a firearms dealer shall be valid for not more than 3 years. (D) A person licensed as a firearms dealer shall submit to inspections under the law of the State or Indian tribal government. (E) Noncompliance of a person licensed as a firearms dealer with a requirement for firearms dealers under the law of the State or Indian tribal government may result in— (i) the suspension or revocation of the license; and (ii) the imposition of civil penalties or criminal charges. (2) Licensed dealer \nThe term licensed dealer has the meaning given that term in section 921(a) of title 18, United States Code.. (b) Authorization of appropriations \nSection 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10261(a) ) is amended by adding at the end the following: (29) There are authorized to be appropriated such sums as may be necessary for each fiscal year to carry out part PP..", "id": "HC9EFAD023DA1418F8169FCB4D1B6855E", "header": "State Firearms Dealer Licensing Grant Program", "nested": [ { "text": "(a) Grant program authorized \nTitle I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ) is amended by adding at the end the following: PP State Firearms Dealer Licensing Grant Program \n3061. Grant program \n(a) Program authorized \nFrom the amounts appropriated to carry out this part, and not later than 180 days after such amounts are appropriated, the Attorney General may award annual grants, on a competitive basis, to eligible applicants for the development, implementation, improvement, or evaluation of firearms dealer licensing programs. (b) Application \nAn eligible applicant desiring a grant under this part shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require, including— (1) a description of the law that the applicant has enacted to require a license for any firearms dealer, including a description of any exemptions to such law; (2) a description of how the applicant will use the grant to develop, implement, improve, or evaluate the firearms dealer licensing program of the applicant; and (3) a description of the inspection bodies and procedures of the applicant used to inspect firearms dealers. (c) Subawards \nA State that receives a grant under this part may make a subaward to a unit of local government authorized to oversee and enforce the development, implementation, improvement, or evaluation of the firearms dealer licensing program for which the grant under this part will be used. (d) Reporting requirement \n(1) Annual reports by recipients \nAn eligible applicant that receives a grant under this part shall provide an annual report to the Attorney General with the following information: (A) The number of inspections conducted in the jurisdiction of the eligible applicant of persons licensed as a firearms dealer by the eligible applicant during the previous year. (B) The number of violations by persons licensed as a firearms dealer by the eligible applicant that were cited during the previous year, disaggregated by violation type. (C) The total number of persons licensed as a firearms dealer by the eligible applicant as of the end of the previous year. (D) The number of licenses to engage in business as a firearms dealer in the jurisdiction of the eligible applicant that, during the previous year, were— (i) issued; (ii) renewed; (iii) suspended; or (iv) revoked. (2) To Congress \nNot later than 13 months after the first grants are awarded under this part, and every year thereafter, the Attorney General shall submit to Congress and make available publicly through print and electronic means a report, which shall include the following information: (A) A list of eligible applicants who received funds under a grant under this part during the previous fiscal year, including the funds awarded, cumulatively and disaggregated by grantee. (B) The information gathered pursuant to paragraph (1), disaggregated by grantee. (C) A list of eligible applicants who were denied grants under this part, and the basis for such denials. (e) Limitation on grant amount \nA grant under this part may not be in an amount that is more than $2,500,000 per fiscal year. 3062. Definitions \nIn this part: (1) Eligible applicant \nThe term eligible applicant means a State or Indian tribal government that has in effect a law that, at a minimum, requires the following: (A) To engage in business as a firearms dealer in the area subject to the jurisdiction of the State or Indian tribal government, a person shall be a licensed dealer and be licensed as a firearms dealer under such law. (B) A person shall only be licensed as a firearms dealer under such law upon successful completion of the application process set by such law. (C) A license to engage in business as a firearms dealer shall be valid for not more than 3 years. (D) A person licensed as a firearms dealer shall submit to inspections under the law of the State or Indian tribal government. (E) Noncompliance of a person licensed as a firearms dealer with a requirement for firearms dealers under the law of the State or Indian tribal government may result in— (i) the suspension or revocation of the license; and (ii) the imposition of civil penalties or criminal charges. (2) Licensed dealer \nThe term licensed dealer has the meaning given that term in section 921(a) of title 18, United States Code..", "id": "H626793C577744C1A99443382C0DB9BE8", "header": "Grant program authorized", "nested": [], "links": [ { "text": "34 U.S.C. 10101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/10101" } ] }, { "text": "(b) Authorization of appropriations \nSection 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10261(a) ) is amended by adding at the end the following: (29) There are authorized to be appropriated such sums as may be necessary for each fiscal year to carry out part PP..", "id": "H5AAD442D4E7544C0BEBABD2AFB20E045", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "34 U.S.C. 10261(a)", "legal-doc": "usc", "parsable-cite": "usc/34/10261" } ] } ], "links": [ { "text": "34 U.S.C. 10101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/10101" }, { "text": "34 U.S.C. 10261(a)", "legal-doc": "usc", "parsable-cite": "usc/34/10261" } ] }, { "text": "3061. Grant program \n(a) Program authorized \nFrom the amounts appropriated to carry out this part, and not later than 180 days after such amounts are appropriated, the Attorney General may award annual grants, on a competitive basis, to eligible applicants for the development, implementation, improvement, or evaluation of firearms dealer licensing programs. (b) Application \nAn eligible applicant desiring a grant under this part shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require, including— (1) a description of the law that the applicant has enacted to require a license for any firearms dealer, including a description of any exemptions to such law; (2) a description of how the applicant will use the grant to develop, implement, improve, or evaluate the firearms dealer licensing program of the applicant; and (3) a description of the inspection bodies and procedures of the applicant used to inspect firearms dealers. (c) Subawards \nA State that receives a grant under this part may make a subaward to a unit of local government authorized to oversee and enforce the development, implementation, improvement, or evaluation of the firearms dealer licensing program for which the grant under this part will be used. (d) Reporting requirement \n(1) Annual reports by recipients \nAn eligible applicant that receives a grant under this part shall provide an annual report to the Attorney General with the following information: (A) The number of inspections conducted in the jurisdiction of the eligible applicant of persons licensed as a firearms dealer by the eligible applicant during the previous year. (B) The number of violations by persons licensed as a firearms dealer by the eligible applicant that were cited during the previous year, disaggregated by violation type. (C) The total number of persons licensed as a firearms dealer by the eligible applicant as of the end of the previous year. (D) The number of licenses to engage in business as a firearms dealer in the jurisdiction of the eligible applicant that, during the previous year, were— (i) issued; (ii) renewed; (iii) suspended; or (iv) revoked. (2) To Congress \nNot later than 13 months after the first grants are awarded under this part, and every year thereafter, the Attorney General shall submit to Congress and make available publicly through print and electronic means a report, which shall include the following information: (A) A list of eligible applicants who received funds under a grant under this part during the previous fiscal year, including the funds awarded, cumulatively and disaggregated by grantee. (B) The information gathered pursuant to paragraph (1), disaggregated by grantee. (C) A list of eligible applicants who were denied grants under this part, and the basis for such denials. (e) Limitation on grant amount \nA grant under this part may not be in an amount that is more than $2,500,000 per fiscal year.", "id": "H7C4D0E01948E4989896D0E40CB95E06D", "header": "Grant program", "nested": [ { "text": "(a) Program authorized \nFrom the amounts appropriated to carry out this part, and not later than 180 days after such amounts are appropriated, the Attorney General may award annual grants, on a competitive basis, to eligible applicants for the development, implementation, improvement, or evaluation of firearms dealer licensing programs.", "id": "H6A6F2F1BDB63493AABB769D8F76C8534", "header": "Program authorized", "nested": [], "links": [] }, { "text": "(b) Application \nAn eligible applicant desiring a grant under this part shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require, including— (1) a description of the law that the applicant has enacted to require a license for any firearms dealer, including a description of any exemptions to such law; (2) a description of how the applicant will use the grant to develop, implement, improve, or evaluate the firearms dealer licensing program of the applicant; and (3) a description of the inspection bodies and procedures of the applicant used to inspect firearms dealers.", "id": "H971DB9523C46466BA47F8562188F6E00", "header": "Application", "nested": [], "links": [] }, { "text": "(c) Subawards \nA State that receives a grant under this part may make a subaward to a unit of local government authorized to oversee and enforce the development, implementation, improvement, or evaluation of the firearms dealer licensing program for which the grant under this part will be used.", "id": "H11170AB853B544C8AA75FC2212158C1B", "header": "Subawards", "nested": [], "links": [] }, { "text": "(d) Reporting requirement \n(1) Annual reports by recipients \nAn eligible applicant that receives a grant under this part shall provide an annual report to the Attorney General with the following information: (A) The number of inspections conducted in the jurisdiction of the eligible applicant of persons licensed as a firearms dealer by the eligible applicant during the previous year. (B) The number of violations by persons licensed as a firearms dealer by the eligible applicant that were cited during the previous year, disaggregated by violation type. (C) The total number of persons licensed as a firearms dealer by the eligible applicant as of the end of the previous year. (D) The number of licenses to engage in business as a firearms dealer in the jurisdiction of the eligible applicant that, during the previous year, were— (i) issued; (ii) renewed; (iii) suspended; or (iv) revoked. (2) To Congress \nNot later than 13 months after the first grants are awarded under this part, and every year thereafter, the Attorney General shall submit to Congress and make available publicly through print and electronic means a report, which shall include the following information: (A) A list of eligible applicants who received funds under a grant under this part during the previous fiscal year, including the funds awarded, cumulatively and disaggregated by grantee. (B) The information gathered pursuant to paragraph (1), disaggregated by grantee. (C) A list of eligible applicants who were denied grants under this part, and the basis for such denials.", "id": "H343EB9B36232420BBF853212056BD768", "header": "Reporting requirement", "nested": [], "links": [] }, { "text": "(e) Limitation on grant amount \nA grant under this part may not be in an amount that is more than $2,500,000 per fiscal year.", "id": "H8885BACB16984628948BAB64CC86DD90", "header": "Limitation on grant amount", "nested": [], "links": [] } ], "links": [] }, { "text": "3062. Definitions \nIn this part: (1) Eligible applicant \nThe term eligible applicant means a State or Indian tribal government that has in effect a law that, at a minimum, requires the following: (A) To engage in business as a firearms dealer in the area subject to the jurisdiction of the State or Indian tribal government, a person shall be a licensed dealer and be licensed as a firearms dealer under such law. (B) A person shall only be licensed as a firearms dealer under such law upon successful completion of the application process set by such law. (C) A license to engage in business as a firearms dealer shall be valid for not more than 3 years. (D) A person licensed as a firearms dealer shall submit to inspections under the law of the State or Indian tribal government. (E) Noncompliance of a person licensed as a firearms dealer with a requirement for firearms dealers under the law of the State or Indian tribal government may result in— (i) the suspension or revocation of the license; and (ii) the imposition of civil penalties or criminal charges. (2) Licensed dealer \nThe term licensed dealer has the meaning given that term in section 921(a) of title 18, United States Code.", "id": "HCEC5AFBE52494552986769CC81A2B92A", "header": "Definitions", "nested": [], "links": [] } ]

[ "Congressional oversight", "Firearms and explosives", "Government information and archives", "Intergovernmental relations", "Licensing and registrations", "State and local government operations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Foreign Adversary Risk Management Act or the FARM Act.", "id": "HA8E1CDC3F85A431EB97AD4AA8294F6EA", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) United States agriculture and supply chains are critical to United States economic success and prosperity, and should each be classified as critical infrastructure and critical technologies. (2) Agriculture is the lifeblood that helps to feed United States families nationwide. As such, food security is a matter of national security and should be a top priority of the United States. (3) To prevent harm to the United States public health sector and to prevent disruption to the United States economy and food supply chains, the increasing influence foreign countries may have on the United States agriculture industry and agriculture supply chains should be mitigated.", "id": "H2C6401E175484271B8EB2AE110A801F8", "header": "Findings", "nested": [], "links": [] }, { "text": "3. United States agriculture included in Committee on Foreign Investment in the United States \n(a) Agriculture representative \nSection 721(k)(2) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(k)(2) ) is amended— (1) by redesignating subparagraphs (H), (I), and (J) as subparagraphs (I), (J), and (K), respectively; and (2) by inserting after subparagraph (G) the following: (H) The Secretary of Agriculture.. (b) Review of agriculture investments by foreign entities \nSection 721(a)(4) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a)(4) ) is amended— (1) in subparagraph (A)— (A) in clause (i), by striking ; and and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the Foreign Adversary Risk Management Act. ; and (2) in subparagraph (B), by adding at the end the following: (vi) Any transaction, merger, acquisition, transfer, agreement, takeover, or other arrangement that could result in foreign control of any United States business that is engaged in agriculture and uses agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. 802, chapter 725; 7 U.S.C. 451 )).. (c) Agricultural supply chains included in critical infrastructure \nSection 721(a)(5) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a)(5) ) is amended— (1) by striking critical infrastructure means and inserting the following: critical infrastructure — (A) means ; (2) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (B) includes, subject to regulations prescribed by the Committee, agricultural systems and supply chains.. (d) Agricultural supply chains included as critical technologies \nSection 721(a)(6)(A) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a)(6)(A) ) is amended by adding at the end the following: (vii) Agricultural supply chains used for agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. 802, chapter 725; 7 U.S.C. 451 ))..", "id": "H7B7352E64463430482BAC32D0B303B31", "header": "United States agriculture included in Committee on Foreign Investment in the United States", "nested": [ { "text": "(a) Agriculture representative \nSection 721(k)(2) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(k)(2) ) is amended— (1) by redesignating subparagraphs (H), (I), and (J) as subparagraphs (I), (J), and (K), respectively; and (2) by inserting after subparagraph (G) the following: (H) The Secretary of Agriculture..", "id": "H7D64381B9E1B40579C5527435524C482", "header": "Agriculture representative", "nested": [], "links": [ { "text": "50 U.S.C. 4565(k)(2)", "legal-doc": "usc", "parsable-cite": "usc/50/4565" } ] }, { "text": "(b) Review of agriculture investments by foreign entities \nSection 721(a)(4) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a)(4) ) is amended— (1) in subparagraph (A)— (A) in clause (i), by striking ; and and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the Foreign Adversary Risk Management Act. ; and (2) in subparagraph (B), by adding at the end the following: (vi) Any transaction, merger, acquisition, transfer, agreement, takeover, or other arrangement that could result in foreign control of any United States business that is engaged in agriculture and uses agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. 802, chapter 725; 7 U.S.C. 451 ))..", "id": "HC2839A3CABE0461895B3945F242BB0FC", "header": "Review of agriculture investments by foreign entities", "nested": [], "links": [ { "text": "50 U.S.C. 4565(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/50/4565" }, { "text": "7 U.S.C. 451", "legal-doc": "usc", "parsable-cite": "usc/7/451" } ] }, { "text": "(c) Agricultural supply chains included in critical infrastructure \nSection 721(a)(5) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a)(5) ) is amended— (1) by striking critical infrastructure means and inserting the following: critical infrastructure — (A) means ; (2) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (B) includes, subject to regulations prescribed by the Committee, agricultural systems and supply chains..", "id": "HA7EF3D8079A84EB8971F96B54B47CFF7", "header": "Agricultural supply chains included in critical infrastructure", "nested": [], "links": [ { "text": "50 U.S.C. 4565(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/50/4565" } ] }, { "text": "(d) Agricultural supply chains included as critical technologies \nSection 721(a)(6)(A) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a)(6)(A) ) is amended by adding at the end the following: (vii) Agricultural supply chains used for agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. 802, chapter 725; 7 U.S.C. 451 ))..", "id": "H3816EFD0C82645DF888FB53F806DB7F5", "header": "Agricultural supply chains included as critical technologies", "nested": [], "links": [ { "text": "50 U.S.C. 4565(a)(6)(A)", "legal-doc": "usc", "parsable-cite": "usc/50/4565" }, { "text": "7 U.S.C. 451", "legal-doc": "usc", "parsable-cite": "usc/7/451" } ] } ], "links": [ { "text": "50 U.S.C. 4565(k)(2)", "legal-doc": "usc", "parsable-cite": "usc/50/4565" }, { "text": "50 U.S.C. 4565(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/50/4565" }, { "text": "7 U.S.C. 451", "legal-doc": "usc", "parsable-cite": "usc/7/451" }, { "text": "50 U.S.C. 4565(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/50/4565" }, { "text": "50 U.S.C. 4565(a)(6)(A)", "legal-doc": "usc", "parsable-cite": "usc/50/4565" }, { "text": "7 U.S.C. 451", "legal-doc": "usc", "parsable-cite": "usc/7/451" } ] }, { "text": "4. Reports on investments by foreign countries in United States agriculture industry \nNot later than one year after the date of the enactment of this Act, the Secretary of Agriculture and the Comptroller General of the United States shall each— (1) conduct an analysis of foreign influence in the United States agriculture industry; and (2) submit to Congress a report that includes a summary of— (A) foreign investments in the United States agriculture industry; (B) the potential for foreign investment to undermine United States agriculture production and agricultural supply chains; (C) the largest international threats for increased foreign control of, and investment in, the United States agriculture sector; and (D) agriculture-related espionage and theft techniques used by foreign governments, including any attempts to target United States agricultural intellectual property, innovation, research and development, cost or pricing data, or internal strategy documents.", "id": "HA335338F13B644D982E697C3C653C3C4", "header": "Reports on investments by foreign countries in United States agriculture industry", "nested": [], "links": [] } ]

[ "Congressional oversight", "Federal officials", "Government studies and investigations", "U.S. and foreign investments" ]

[ { "text": "1. Short title \nThis Act may be cited as the Billion Dollar Boondoggle Act of 2023.", "id": "idb6774323-9a76-41e7-8639-de99fffc030c", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Annual report \n(a) Definitions \nIn this section— (1) the term covered agency means— (A) an Executive agency, as defined in section 105 of title 5, United States Code; and (B) an independent regulatory agency, as defined in section 3502 of title 44, United States Code; (2) the term covered project means a project funded by a covered agency— (A) that is more than 5 years behind schedule, as measured against the original expected date for completion; or (B) for which the amount spent on the project is not less than $1,000,000,000 more than the original cost estimate for the project; and (3) the term project means a major acquisition, a major defense acquisition program (as defined in section 4201 of title 10, United States Code), a procurement, a construction project, a remediation or clean-up effort, or any other time-limited endeavor, that is not funded through direct spending (as defined in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) )). (b) Requirement \nNot later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue guidance requiring covered agencies to include, on an annual basis in a report described in paragraph (2) of section 3516(a) of title 31, United States Code, or a consolidated report described in paragraph (1) of such section, information relating to each covered project of the covered agency, which shall include— (1) a brief description of the covered project, including— (A) the purpose of the covered project; (B) each location in which the covered project is carried out; (C) the contract or award number of the covered project, where applicable; (D) the year in which the covered project was initiated; (E) the Federal share of the total cost of the covered project; and (F) each primary contractor, subcontractor, grant recipient, and subgrantee recipient of the covered project; (2) an explanation of any change to the original scope of the covered project, including by the addition or narrowing of the initial requirements of the covered project; (3) the original expected date for completion of the covered project; (4) the current expected date for completion of the covered project; (5) the original cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics; (6) the current cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics; (7) an explanation for a delay in completion or an increase in the original cost estimate for the covered project, including, where applicable, any impact of insufficient or delayed appropriations; and (8) the amount of and rationale for any award, incentive fee, or other type of bonus, if any, awarded for the covered project.", "id": "idf37924e7-32cc-447c-b7c5-3137fc5487e2", "header": "Annual report", "nested": [ { "text": "(a) Definitions \nIn this section— (1) the term covered agency means— (A) an Executive agency, as defined in section 105 of title 5, United States Code; and (B) an independent regulatory agency, as defined in section 3502 of title 44, United States Code; (2) the term covered project means a project funded by a covered agency— (A) that is more than 5 years behind schedule, as measured against the original expected date for completion; or (B) for which the amount spent on the project is not less than $1,000,000,000 more than the original cost estimate for the project; and (3) the term project means a major acquisition, a major defense acquisition program (as defined in section 4201 of title 10, United States Code), a procurement, a construction project, a remediation or clean-up effort, or any other time-limited endeavor, that is not funded through direct spending (as defined in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) )).", "id": "id40e663fb-10da-46b4-bf03-8fc68a45d7b0", "header": "Definitions", "nested": [], "links": [ { "text": "2 U.S.C. 900(c)", "legal-doc": "usc", "parsable-cite": "usc/2/900" } ] }, { "text": "(b) Requirement \nNot later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue guidance requiring covered agencies to include, on an annual basis in a report described in paragraph (2) of section 3516(a) of title 31, United States Code, or a consolidated report described in paragraph (1) of such section, information relating to each covered project of the covered agency, which shall include— (1) a brief description of the covered project, including— (A) the purpose of the covered project; (B) each location in which the covered project is carried out; (C) the contract or award number of the covered project, where applicable; (D) the year in which the covered project was initiated; (E) the Federal share of the total cost of the covered project; and (F) each primary contractor, subcontractor, grant recipient, and subgrantee recipient of the covered project; (2) an explanation of any change to the original scope of the covered project, including by the addition or narrowing of the initial requirements of the covered project; (3) the original expected date for completion of the covered project; (4) the current expected date for completion of the covered project; (5) the original cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics; (6) the current cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics; (7) an explanation for a delay in completion or an increase in the original cost estimate for the covered project, including, where applicable, any impact of insufficient or delayed appropriations; and (8) the amount of and rationale for any award, incentive fee, or other type of bonus, if any, awarded for the covered project.", "id": "idfc3e9506-cd54-462e-91bf-63984b4862ed", "header": "Requirement", "nested": [], "links": [] } ], "links": [ { "text": "2 U.S.C. 900(c)", "legal-doc": "usc", "parsable-cite": "usc/2/900" } ] } ]

[ "Budget process", "Congressional oversight", "Executive agency funding and structure", "Government information and archives", "Inflation and prices", "Public contracts and procurement" ]

[ { "text": "1. Short title \nThis Act may be cited as the Project Safe Childhood Act.", "id": "id2323551d-ef25-4cd7-8b7a-80985783b240", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Project Safe Childhood modernization \nSection 143 of the Adam Walsh Child Protection and Safety Act of 2006 ( 34 U.S.C. 20942 ) is amended to read as follows: 143. Project Safe Childhood \n(a) Definitions \nIn this section: (1) Child sexual abuse material \nThe term child sexual abuse material has the meaning given the term child pornography in section 2256 of title 18, United States Code. (2) Child sexual exploitation offense \nThe term child sexual exploitation offense means— (A) (i) an offense involving a minor under section 1591 or chapter 117 of title 18, United States Code; (ii) an offense under subsection (a), (b), or (c) of section 2251 of title 18, United States Code; (iii) an offense under section 2251A or 2252A(g) of title 18, United States Code; or (iv) any attempt or conspiracy to commit an offense described in clause (i) or (ii); or (B) an offense involving a minor under a State or Tribal statute that is similar to a provision described in subparagraph (A). (3) Circle of trust offender \nThe term circle of trust offender means an offender who is related to, or in a position of trust, authority, or supervisory control with respect to, a child. (4) Computer \nThe term computer has the meaning given the term in section 1030 of title 18, United States Code. (5) Contact sexual offense \nThe term contact sexual offense means— (A) an offense involving a minor under chapter 109A of title 18, United States Code, or any attempt or conspiracy to commit such an offense; or (B) an offense involving a minor under a State or Tribal statute that is similar to a provision described in subparagraph (A). (6) Dual offender \nThe term dual offender means— (A) a person who commits— (i) a technology-facilitated child sexual exploitation offense or an offense involving child sexual abuse material; and (ii) a contact sexual offense; and (B) without regard to whether the offenses described in clauses (i) and (ii) of subparagraph (A)— (i) are committed as part of the same course of conduct; or (ii) involve the same victim. (7) Facilitator \nThe term facilitator means an individual who facilitates the commission by another individual of— (A) a technology-facilitated child sexual exploitation offense or an offense involving child sexual abuse material; or (B) a contact sexual offense. (8) ICAC affiliate partner \nThe term ICAC affiliate partner means a law enforcement agency that has entered into a formal operating agreement with the ICAC Task Force Program. (9) ICAC task force \nThe term ICAC task force means a task force that is part of the ICAC Task Force Program. (10) ICAC Task Force Program \nThe term ICAC Task Force Program means 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 ). (11) Offense involving child sexual abuse material \nThe term offense involving child sexual abuse material means— (A) an offense under section 2251(d), section 2252, or paragraphs (1) through (6) of section 2252A(a) of title 18, United States Code, or any attempt or conspiracy to commit such an offense; or (B) an offense under a State or Tribal statute that is similar to a provision described in subparagraph (A). (12) Serious offender \nThe term serious offender means— (A) an offender who has committed a contact sexual offense or child sexual exploitation offense; (B) a dual offender, circle of trust offender, or facilitator; or (C) an offender with a prior conviction for a contact sexual offense, a child sexual exploitation offense, or an offense involving child sexual abuse material. (13) State \nThe term State means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (14) Technology-facilitated \nThe term technology-facilitated , with respect to an offense, means an offense that is committed through the use of a computer, even if the use of a computer is not an element of the offense. (b) Establishment of program \nThe Attorney General shall create and maintain a nationwide initiative to align Federal, State, and local entities to combat the growing epidemic of online child sexual exploitation and abuse, to be known as the Project Safe Childhood program , in accordance with this section. (c) Best practices \nThe Attorney General, in coordination with the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice and the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice, and in consultation with training and technical assistance providers under the ICAC Task Force Program who are funded by the Attorney General and with appropriate nongovernmental organizations, shall— (1) develop best practices to adopt a balanced approach to the investigation of suspect leads involving contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, and the prosecution of those offenses, prioritizing when feasible the identification of a child victim or a serious offender, which approach shall incorporate the use of— (A) proactively generated leads, including leads generated by current and emerging technology; (B) in-district investigative referrals; and (C) CyberTipline reports from the National Center for Missing and Exploited Children; (2) develop best practices to be used by each United States Attorney and ICAC task force to assess the likelihood that an individual could be a serious offender or that a child victim may be identified; (3) develop and implement a tracking and communication system for Federal, State, and local law enforcement agencies and prosecutor’s offices to report successful cases of victim identification and child rescue to the Department of Justice and the public; and (4) encourage the submission of all lawfully seized visual depictions to the Child Victim Identification Program of the National Center for Missing and Exploited Children. (d) Implementation \nExcept as authorized under subsection (e), funds authorized under this section may only be used for the following 4 purposes: (1) Integrated Federal, State, and local efforts to investigate and prosecute contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, including— (A) the partnership by each United States Attorney with each Internet Crimes Against Children Task Force within the district of such attorney; (B) training of Federal, State, and local law enforcement officers and prosecutors through— (i) programs facilitated by the ICAC Task Force Program; (ii) ICAC training programs supported by the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice; (iii) programs facilitated by appropriate nongovernmental organizations with subject matter expertise, technical skill, or technological tools to assist in the identification of and response to serious offenders, contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; and (iv) any other program that provides training— (I) on the investigation and identification of serious offenders or victims of contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; or (II) that specifically addresses the use of existing and emerging technologies to commit or facilitate contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; (C) the development by each United States Attorney of a district-specific strategic plan to coordinate with State and local law enforcement agencies and prosecutor’s offices, including ICAC task forces and their ICAC affiliate partners, on the investigation of suspect leads involving serious offenders, contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, and the prosecution of those offenders and offenses, which plan— (i) shall include— (I) the use of the best practices developed under paragraphs (1) and (2) of subsection (c); (II) the development of plans and protocols to target and rapidly investigate cases involving potential serious offenders or the identification and rescue of a victim of a contact sexual offense, a child sexual exploitation offense, or an offense involving child sexual abuse material; (III) the use of training and technical assistance programs to incorporate victim-centered, trauma-informed practices in cases involving victims of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, which may include the use of child protective services, children’s advocacy centers, victim support specialists, or other supportive services; (IV) the development of plans to track, report, and clearly communicate successful cases of victim identification and child rescue to the Department of Justice and the public; (V) an analysis of the investigative and forensic capacity of law enforcement agencies and prosecutor’s offices within the district, and goals for improving capacity and effectiveness; (VI) a written policy describing the criteria for referrals for prosecution from Federal, State, or local law enforcement agencies, particularly when the investigation may involve a potential serious offender or the identification or rescue of a child victim; (VII) plans and budgets for training of relevant personnel on contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material; (VIII) plans for coordination and cooperation with State, local, and Tribal law enforcement agencies and prosecutorial offices; and (IX) evidence-based programs that educate the public about and increase awareness of such offenses; and (ii) shall be developed in consultation, as appropriate, with— (I) the local ICAC task force; (II) the United States Marshals Service Sex Offender Targeting Center; (III) training and technical assistance providers under the ICAC Task Force Program who are funded by the Attorney General; (IV) nongovernmental organizations with subject matter expertise, technical skill, or technological tools to assist in the identification of and response to contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; (V) any relevant component of Homeland Security Investigations; (VI) any relevant component of the Federal Bureau of Investigation; (VII) the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice; (VIII) the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice; (IX) the United States Postal Inspection Service; (X) the United States Secret Service; and (XI) each military criminal investigation organization of the Department of Defense; and (D) a quadrennial assessment by each United States Attorney of the investigations within the district of such attorney of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material— (i) with consideration of— (I) the variety of sources for leads; (II) the proportion of work involving proactive or undercover law enforcement investigations; (III) the number of serious offenders identified and prosecuted; and (IV) the number of children identified or rescued; and (ii) information from which may be used by the United States Attorney, as appropriate, to revise the plan described in subparagraph (C). (2) Major case coordination by the Department of Justice (or other Federal agencies as appropriate), including specific cooperation, as appropriate, with— (A) the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice; (B) any relevant component of Homeland Security Investigations; (C) any relevant component of the Federal Bureau of Investigation; (D) the ICAC task forces and ICAC affiliate partners; (E) the United States Marshals Service, including the Sex Offender Targeting Center; (F) the United States Postal Inspection Service; (G) the United States Secret Service; (H) each Military Criminal Investigation Organization of the Department of Defense; and (I) any task forces established in connection with the Project Safe Childhood program set forth under subsection (b). (3) Increased Federal involvement in, and commitment to, the prevention and prosecution of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material by— (A) using technology to identify victims and serious offenders; (B) developing processes and tools to identify victims and offenders; and (C) taking measures to improve information sharing among Federal law enforcement agencies, including for the purposes of implementing the plans and protocols described in paragraph (1)(C)(i)(II) to identify and rescue— (i) victims of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material; or (ii) victims of serious offenders. (4) The establishment, development, and implementation of a nationally coordinated Safer Internet Day every year developed in collaboration with the Department of Education, national and local internet safety organizations, parent organizations, social media companies, and schools to provide— (A) national public awareness and evidence-based educational programs about the threats posed by circle of trust offenders and the threat of contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material, and the use of technology to facilitate those offenses; (B) information to parents and children about how to avoid or prevent technology-facilitated child sexual exploitation offenses; and (C) information about how to report possible technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material through— (i) the National Center for Missing and Exploited Children; (ii) the ICAC Task Force Program; and (iii) any other program that— (I) raises national awareness about the threat of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material; and (II) provides information to parents and children seeking to report possible violations of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material. (e) Expansion of Project Safe Childhood \nNotwithstanding subsection (d), funds authorized under this section may be also be used for the following purposes: (1) The addition of not less than 20 Assistant United States Attorneys at the Department of Justice, relative to the number of such positions as of the day before the date of enactment of the Project Safe Childhood Act , who shall be— (A) dedicated to the prosecution of cases in connection with the Project Safe Childhood program set forth under subsection (b); and (B) responsible for assisting and coordinating the plans and protocols of each district under subsection (d)(1)(C)(i)(II). (2) Such other additional and related purposes as the Attorney General determines appropriate. (f) Authorization of appropriations \n(1) In general \nFor the purpose of carrying out this section, there are authorized to be appropriated— (A) for the activities described under paragraphs (1), (2), and (3) of subsection (d), $28,550,000 for each of fiscal years 2023 through 2028; (B) for the activities described under subsection (d)(4), $4,000,000 for each of fiscal years 2023 through 2028; and (C) for the activities described under subsection (e), $29,100,000 for each of fiscal years 2023 through 2028. (2) Supplement, not supplant \nAmounts made available to State and local agencies, programs, and services under this section shall supplement, and not supplant, other Federal, State, or local funds made available for those agencies, programs, and services..", "id": "idecac0eff-2c29-45f4-80a1-eb7e02c6aec0", "header": "Project Safe Childhood modernization", "nested": [], "links": [ { "text": "34 U.S.C. 20942", "legal-doc": "usc", "parsable-cite": "usc/34/20942" }, { "text": "chapter 117", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/117" }, { "text": "chapter 109A", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/109A" }, { "text": "34 U.S.C. 21112", "legal-doc": "usc", "parsable-cite": "usc/34/21112" } ] }, { "text": "143. Project Safe Childhood \n(a) Definitions \nIn this section: (1) Child sexual abuse material \nThe term child sexual abuse material has the meaning given the term child pornography in section 2256 of title 18, United States Code. (2) Child sexual exploitation offense \nThe term child sexual exploitation offense means— (A) (i) an offense involving a minor under section 1591 or chapter 117 of title 18, United States Code; (ii) an offense under subsection (a), (b), or (c) of section 2251 of title 18, United States Code; (iii) an offense under section 2251A or 2252A(g) of title 18, United States Code; or (iv) any attempt or conspiracy to commit an offense described in clause (i) or (ii); or (B) an offense involving a minor under a State or Tribal statute that is similar to a provision described in subparagraph (A). (3) Circle of trust offender \nThe term circle of trust offender means an offender who is related to, or in a position of trust, authority, or supervisory control with respect to, a child. (4) Computer \nThe term computer has the meaning given the term in section 1030 of title 18, United States Code. (5) Contact sexual offense \nThe term contact sexual offense means— (A) an offense involving a minor under chapter 109A of title 18, United States Code, or any attempt or conspiracy to commit such an offense; or (B) an offense involving a minor under a State or Tribal statute that is similar to a provision described in subparagraph (A). (6) Dual offender \nThe term dual offender means— (A) a person who commits— (i) a technology-facilitated child sexual exploitation offense or an offense involving child sexual abuse material; and (ii) a contact sexual offense; and (B) without regard to whether the offenses described in clauses (i) and (ii) of subparagraph (A)— (i) are committed as part of the same course of conduct; or (ii) involve the same victim. (7) Facilitator \nThe term facilitator means an individual who facilitates the commission by another individual of— (A) a technology-facilitated child sexual exploitation offense or an offense involving child sexual abuse material; or (B) a contact sexual offense. (8) ICAC affiliate partner \nThe term ICAC affiliate partner means a law enforcement agency that has entered into a formal operating agreement with the ICAC Task Force Program. (9) ICAC task force \nThe term ICAC task force means a task force that is part of the ICAC Task Force Program. (10) ICAC Task Force Program \nThe term ICAC Task Force Program means 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 ). (11) Offense involving child sexual abuse material \nThe term offense involving child sexual abuse material means— (A) an offense under section 2251(d), section 2252, or paragraphs (1) through (6) of section 2252A(a) of title 18, United States Code, or any attempt or conspiracy to commit such an offense; or (B) an offense under a State or Tribal statute that is similar to a provision described in subparagraph (A). (12) Serious offender \nThe term serious offender means— (A) an offender who has committed a contact sexual offense or child sexual exploitation offense; (B) a dual offender, circle of trust offender, or facilitator; or (C) an offender with a prior conviction for a contact sexual offense, a child sexual exploitation offense, or an offense involving child sexual abuse material. (13) State \nThe term State means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (14) Technology-facilitated \nThe term technology-facilitated , with respect to an offense, means an offense that is committed through the use of a computer, even if the use of a computer is not an element of the offense. (b) Establishment of program \nThe Attorney General shall create and maintain a nationwide initiative to align Federal, State, and local entities to combat the growing epidemic of online child sexual exploitation and abuse, to be known as the Project Safe Childhood program , in accordance with this section. (c) Best practices \nThe Attorney General, in coordination with the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice and the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice, and in consultation with training and technical assistance providers under the ICAC Task Force Program who are funded by the Attorney General and with appropriate nongovernmental organizations, shall— (1) develop best practices to adopt a balanced approach to the investigation of suspect leads involving contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, and the prosecution of those offenses, prioritizing when feasible the identification of a child victim or a serious offender, which approach shall incorporate the use of— (A) proactively generated leads, including leads generated by current and emerging technology; (B) in-district investigative referrals; and (C) CyberTipline reports from the National Center for Missing and Exploited Children; (2) develop best practices to be used by each United States Attorney and ICAC task force to assess the likelihood that an individual could be a serious offender or that a child victim may be identified; (3) develop and implement a tracking and communication system for Federal, State, and local law enforcement agencies and prosecutor’s offices to report successful cases of victim identification and child rescue to the Department of Justice and the public; and (4) encourage the submission of all lawfully seized visual depictions to the Child Victim Identification Program of the National Center for Missing and Exploited Children. (d) Implementation \nExcept as authorized under subsection (e), funds authorized under this section may only be used for the following 4 purposes: (1) Integrated Federal, State, and local efforts to investigate and prosecute contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, including— (A) the partnership by each United States Attorney with each Internet Crimes Against Children Task Force within the district of such attorney; (B) training of Federal, State, and local law enforcement officers and prosecutors through— (i) programs facilitated by the ICAC Task Force Program; (ii) ICAC training programs supported by the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice; (iii) programs facilitated by appropriate nongovernmental organizations with subject matter expertise, technical skill, or technological tools to assist in the identification of and response to serious offenders, contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; and (iv) any other program that provides training— (I) on the investigation and identification of serious offenders or victims of contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; or (II) that specifically addresses the use of existing and emerging technologies to commit or facilitate contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; (C) the development by each United States Attorney of a district-specific strategic plan to coordinate with State and local law enforcement agencies and prosecutor’s offices, including ICAC task forces and their ICAC affiliate partners, on the investigation of suspect leads involving serious offenders, contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, and the prosecution of those offenders and offenses, which plan— (i) shall include— (I) the use of the best practices developed under paragraphs (1) and (2) of subsection (c); (II) the development of plans and protocols to target and rapidly investigate cases involving potential serious offenders or the identification and rescue of a victim of a contact sexual offense, a child sexual exploitation offense, or an offense involving child sexual abuse material; (III) the use of training and technical assistance programs to incorporate victim-centered, trauma-informed practices in cases involving victims of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, which may include the use of child protective services, children’s advocacy centers, victim support specialists, or other supportive services; (IV) the development of plans to track, report, and clearly communicate successful cases of victim identification and child rescue to the Department of Justice and the public; (V) an analysis of the investigative and forensic capacity of law enforcement agencies and prosecutor’s offices within the district, and goals for improving capacity and effectiveness; (VI) a written policy describing the criteria for referrals for prosecution from Federal, State, or local law enforcement agencies, particularly when the investigation may involve a potential serious offender or the identification or rescue of a child victim; (VII) plans and budgets for training of relevant personnel on contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material; (VIII) plans for coordination and cooperation with State, local, and Tribal law enforcement agencies and prosecutorial offices; and (IX) evidence-based programs that educate the public about and increase awareness of such offenses; and (ii) shall be developed in consultation, as appropriate, with— (I) the local ICAC task force; (II) the United States Marshals Service Sex Offender Targeting Center; (III) training and technical assistance providers under the ICAC Task Force Program who are funded by the Attorney General; (IV) nongovernmental organizations with subject matter expertise, technical skill, or technological tools to assist in the identification of and response to contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; (V) any relevant component of Homeland Security Investigations; (VI) any relevant component of the Federal Bureau of Investigation; (VII) the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice; (VIII) the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice; (IX) the United States Postal Inspection Service; (X) the United States Secret Service; and (XI) each military criminal investigation organization of the Department of Defense; and (D) a quadrennial assessment by each United States Attorney of the investigations within the district of such attorney of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material— (i) with consideration of— (I) the variety of sources for leads; (II) the proportion of work involving proactive or undercover law enforcement investigations; (III) the number of serious offenders identified and prosecuted; and (IV) the number of children identified or rescued; and (ii) information from which may be used by the United States Attorney, as appropriate, to revise the plan described in subparagraph (C). (2) Major case coordination by the Department of Justice (or other Federal agencies as appropriate), including specific cooperation, as appropriate, with— (A) the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice; (B) any relevant component of Homeland Security Investigations; (C) any relevant component of the Federal Bureau of Investigation; (D) the ICAC task forces and ICAC affiliate partners; (E) the United States Marshals Service, including the Sex Offender Targeting Center; (F) the United States Postal Inspection Service; (G) the United States Secret Service; (H) each Military Criminal Investigation Organization of the Department of Defense; and (I) any task forces established in connection with the Project Safe Childhood program set forth under subsection (b). (3) Increased Federal involvement in, and commitment to, the prevention and prosecution of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material by— (A) using technology to identify victims and serious offenders; (B) developing processes and tools to identify victims and offenders; and (C) taking measures to improve information sharing among Federal law enforcement agencies, including for the purposes of implementing the plans and protocols described in paragraph (1)(C)(i)(II) to identify and rescue— (i) victims of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material; or (ii) victims of serious offenders. (4) The establishment, development, and implementation of a nationally coordinated Safer Internet Day every year developed in collaboration with the Department of Education, national and local internet safety organizations, parent organizations, social media companies, and schools to provide— (A) national public awareness and evidence-based educational programs about the threats posed by circle of trust offenders and the threat of contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material, and the use of technology to facilitate those offenses; (B) information to parents and children about how to avoid or prevent technology-facilitated child sexual exploitation offenses; and (C) information about how to report possible technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material through— (i) the National Center for Missing and Exploited Children; (ii) the ICAC Task Force Program; and (iii) any other program that— (I) raises national awareness about the threat of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material; and (II) provides information to parents and children seeking to report possible violations of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material. (e) Expansion of Project Safe Childhood \nNotwithstanding subsection (d), funds authorized under this section may be also be used for the following purposes: (1) The addition of not less than 20 Assistant United States Attorneys at the Department of Justice, relative to the number of such positions as of the day before the date of enactment of the Project Safe Childhood Act , who shall be— (A) dedicated to the prosecution of cases in connection with the Project Safe Childhood program set forth under subsection (b); and (B) responsible for assisting and coordinating the plans and protocols of each district under subsection (d)(1)(C)(i)(II). (2) Such other additional and related purposes as the Attorney General determines appropriate. (f) Authorization of appropriations \n(1) In general \nFor the purpose of carrying out this section, there are authorized to be appropriated— (A) for the activities described under paragraphs (1), (2), and (3) of subsection (d), $28,550,000 for each of fiscal years 2023 through 2028; (B) for the activities described under subsection (d)(4), $4,000,000 for each of fiscal years 2023 through 2028; and (C) for the activities described under subsection (e), $29,100,000 for each of fiscal years 2023 through 2028. (2) Supplement, not supplant \nAmounts made available to State and local agencies, programs, and services under this section shall supplement, and not supplant, other Federal, State, or local funds made available for those agencies, programs, and services.", "id": "id8139da20-b560-491c-a489-fb0369019475", "header": "Project Safe Childhood", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Child sexual abuse material \nThe term child sexual abuse material has the meaning given the term child pornography in section 2256 of title 18, United States Code. (2) Child sexual exploitation offense \nThe term child sexual exploitation offense means— (A) (i) an offense involving a minor under section 1591 or chapter 117 of title 18, United States Code; (ii) an offense under subsection (a), (b), or (c) of section 2251 of title 18, United States Code; (iii) an offense under section 2251A or 2252A(g) of title 18, United States Code; or (iv) any attempt or conspiracy to commit an offense described in clause (i) or (ii); or (B) an offense involving a minor under a State or Tribal statute that is similar to a provision described in subparagraph (A). (3) Circle of trust offender \nThe term circle of trust offender means an offender who is related to, or in a position of trust, authority, or supervisory control with respect to, a child. (4) Computer \nThe term computer has the meaning given the term in section 1030 of title 18, United States Code. (5) Contact sexual offense \nThe term contact sexual offense means— (A) an offense involving a minor under chapter 109A of title 18, United States Code, or any attempt or conspiracy to commit such an offense; or (B) an offense involving a minor under a State or Tribal statute that is similar to a provision described in subparagraph (A). (6) Dual offender \nThe term dual offender means— (A) a person who commits— (i) a technology-facilitated child sexual exploitation offense or an offense involving child sexual abuse material; and (ii) a contact sexual offense; and (B) without regard to whether the offenses described in clauses (i) and (ii) of subparagraph (A)— (i) are committed as part of the same course of conduct; or (ii) involve the same victim. (7) Facilitator \nThe term facilitator means an individual who facilitates the commission by another individual of— (A) a technology-facilitated child sexual exploitation offense or an offense involving child sexual abuse material; or (B) a contact sexual offense. (8) ICAC affiliate partner \nThe term ICAC affiliate partner means a law enforcement agency that has entered into a formal operating agreement with the ICAC Task Force Program. (9) ICAC task force \nThe term ICAC task force means a task force that is part of the ICAC Task Force Program. (10) ICAC Task Force Program \nThe term ICAC Task Force Program means 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 ). (11) Offense involving child sexual abuse material \nThe term offense involving child sexual abuse material means— (A) an offense under section 2251(d), section 2252, or paragraphs (1) through (6) of section 2252A(a) of title 18, United States Code, or any attempt or conspiracy to commit such an offense; or (B) an offense under a State or Tribal statute that is similar to a provision described in subparagraph (A). (12) Serious offender \nThe term serious offender means— (A) an offender who has committed a contact sexual offense or child sexual exploitation offense; (B) a dual offender, circle of trust offender, or facilitator; or (C) an offender with a prior conviction for a contact sexual offense, a child sexual exploitation offense, or an offense involving child sexual abuse material. (13) State \nThe term State means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (14) Technology-facilitated \nThe term technology-facilitated , with respect to an offense, means an offense that is committed through the use of a computer, even if the use of a computer is not an element of the offense.", "id": "idbf2fe7ab-c03f-42c9-8131-c168ed886310", "header": "Definitions", "nested": [], "links": [ { "text": "chapter 117", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/117" }, { "text": "chapter 109A", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/109A" }, { "text": "34 U.S.C. 21112", "legal-doc": "usc", "parsable-cite": "usc/34/21112" } ] }, { "text": "(b) Establishment of program \nThe Attorney General shall create and maintain a nationwide initiative to align Federal, State, and local entities to combat the growing epidemic of online child sexual exploitation and abuse, to be known as the Project Safe Childhood program , in accordance with this section.", "id": "idf0c5c33c-2e86-48dd-8f37-1b1387dbd71d", "header": "Establishment of program", "nested": [], "links": [] }, { "text": "(c) Best practices \nThe Attorney General, in coordination with the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice and the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice, and in consultation with training and technical assistance providers under the ICAC Task Force Program who are funded by the Attorney General and with appropriate nongovernmental organizations, shall— (1) develop best practices to adopt a balanced approach to the investigation of suspect leads involving contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, and the prosecution of those offenses, prioritizing when feasible the identification of a child victim or a serious offender, which approach shall incorporate the use of— (A) proactively generated leads, including leads generated by current and emerging technology; (B) in-district investigative referrals; and (C) CyberTipline reports from the National Center for Missing and Exploited Children; (2) develop best practices to be used by each United States Attorney and ICAC task force to assess the likelihood that an individual could be a serious offender or that a child victim may be identified; (3) develop and implement a tracking and communication system for Federal, State, and local law enforcement agencies and prosecutor’s offices to report successful cases of victim identification and child rescue to the Department of Justice and the public; and (4) encourage the submission of all lawfully seized visual depictions to the Child Victim Identification Program of the National Center for Missing and Exploited Children.", "id": "idd2781485-247f-4e14-bb32-d083798e01d6", "header": "Best practices", "nested": [], "links": [] }, { "text": "(d) Implementation \nExcept as authorized under subsection (e), funds authorized under this section may only be used for the following 4 purposes: (1) Integrated Federal, State, and local efforts to investigate and prosecute contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, including— (A) the partnership by each United States Attorney with each Internet Crimes Against Children Task Force within the district of such attorney; (B) training of Federal, State, and local law enforcement officers and prosecutors through— (i) programs facilitated by the ICAC Task Force Program; (ii) ICAC training programs supported by the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice; (iii) programs facilitated by appropriate nongovernmental organizations with subject matter expertise, technical skill, or technological tools to assist in the identification of and response to serious offenders, contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; and (iv) any other program that provides training— (I) on the investigation and identification of serious offenders or victims of contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; or (II) that specifically addresses the use of existing and emerging technologies to commit or facilitate contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; (C) the development by each United States Attorney of a district-specific strategic plan to coordinate with State and local law enforcement agencies and prosecutor’s offices, including ICAC task forces and their ICAC affiliate partners, on the investigation of suspect leads involving serious offenders, contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, and the prosecution of those offenders and offenses, which plan— (i) shall include— (I) the use of the best practices developed under paragraphs (1) and (2) of subsection (c); (II) the development of plans and protocols to target and rapidly investigate cases involving potential serious offenders or the identification and rescue of a victim of a contact sexual offense, a child sexual exploitation offense, or an offense involving child sexual abuse material; (III) the use of training and technical assistance programs to incorporate victim-centered, trauma-informed practices in cases involving victims of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, which may include the use of child protective services, children’s advocacy centers, victim support specialists, or other supportive services; (IV) the development of plans to track, report, and clearly communicate successful cases of victim identification and child rescue to the Department of Justice and the public; (V) an analysis of the investigative and forensic capacity of law enforcement agencies and prosecutor’s offices within the district, and goals for improving capacity and effectiveness; (VI) a written policy describing the criteria for referrals for prosecution from Federal, State, or local law enforcement agencies, particularly when the investigation may involve a potential serious offender or the identification or rescue of a child victim; (VII) plans and budgets for training of relevant personnel on contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material; (VIII) plans for coordination and cooperation with State, local, and Tribal law enforcement agencies and prosecutorial offices; and (IX) evidence-based programs that educate the public about and increase awareness of such offenses; and (ii) shall be developed in consultation, as appropriate, with— (I) the local ICAC task force; (II) the United States Marshals Service Sex Offender Targeting Center; (III) training and technical assistance providers under the ICAC Task Force Program who are funded by the Attorney General; (IV) nongovernmental organizations with subject matter expertise, technical skill, or technological tools to assist in the identification of and response to contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; (V) any relevant component of Homeland Security Investigations; (VI) any relevant component of the Federal Bureau of Investigation; (VII) the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice; (VIII) the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice; (IX) the United States Postal Inspection Service; (X) the United States Secret Service; and (XI) each military criminal investigation organization of the Department of Defense; and (D) a quadrennial assessment by each United States Attorney of the investigations within the district of such attorney of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material— (i) with consideration of— (I) the variety of sources for leads; (II) the proportion of work involving proactive or undercover law enforcement investigations; (III) the number of serious offenders identified and prosecuted; and (IV) the number of children identified or rescued; and (ii) information from which may be used by the United States Attorney, as appropriate, to revise the plan described in subparagraph (C). (2) Major case coordination by the Department of Justice (or other Federal agencies as appropriate), including specific cooperation, as appropriate, with— (A) the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice; (B) any relevant component of Homeland Security Investigations; (C) any relevant component of the Federal Bureau of Investigation; (D) the ICAC task forces and ICAC affiliate partners; (E) the United States Marshals Service, including the Sex Offender Targeting Center; (F) the United States Postal Inspection Service; (G) the United States Secret Service; (H) each Military Criminal Investigation Organization of the Department of Defense; and (I) any task forces established in connection with the Project Safe Childhood program set forth under subsection (b). (3) Increased Federal involvement in, and commitment to, the prevention and prosecution of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material by— (A) using technology to identify victims and serious offenders; (B) developing processes and tools to identify victims and offenders; and (C) taking measures to improve information sharing among Federal law enforcement agencies, including for the purposes of implementing the plans and protocols described in paragraph (1)(C)(i)(II) to identify and rescue— (i) victims of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material; or (ii) victims of serious offenders. (4) The establishment, development, and implementation of a nationally coordinated Safer Internet Day every year developed in collaboration with the Department of Education, national and local internet safety organizations, parent organizations, social media companies, and schools to provide— (A) national public awareness and evidence-based educational programs about the threats posed by circle of trust offenders and the threat of contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material, and the use of technology to facilitate those offenses; (B) information to parents and children about how to avoid or prevent technology-facilitated child sexual exploitation offenses; and (C) information about how to report possible technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material through— (i) the National Center for Missing and Exploited Children; (ii) the ICAC Task Force Program; and (iii) any other program that— (I) raises national awareness about the threat of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material; and (II) provides information to parents and children seeking to report possible violations of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material.", "id": "idd1613412-09ac-43cd-ba35-0560335b9b9d", "header": "Implementation", "nested": [], "links": [] }, { "text": "(e) Expansion of Project Safe Childhood \nNotwithstanding subsection (d), funds authorized under this section may be also be used for the following purposes: (1) The addition of not less than 20 Assistant United States Attorneys at the Department of Justice, relative to the number of such positions as of the day before the date of enactment of the Project Safe Childhood Act , who shall be— (A) dedicated to the prosecution of cases in connection with the Project Safe Childhood program set forth under subsection (b); and (B) responsible for assisting and coordinating the plans and protocols of each district under subsection (d)(1)(C)(i)(II). (2) Such other additional and related purposes as the Attorney General determines appropriate.", "id": "id9da3d72f-772b-4c1c-99f4-c78010f6afc0", "header": "Expansion of Project Safe Childhood", "nested": [], "links": [] }, { "text": "(f) Authorization of appropriations \n(1) In general \nFor the purpose of carrying out this section, there are authorized to be appropriated— (A) for the activities described under paragraphs (1), (2), and (3) of subsection (d), $28,550,000 for each of fiscal years 2023 through 2028; (B) for the activities described under subsection (d)(4), $4,000,000 for each of fiscal years 2023 through 2028; and (C) for the activities described under subsection (e), $29,100,000 for each of fiscal years 2023 through 2028. (2) Supplement, not supplant \nAmounts made available to State and local agencies, programs, and services under this section shall supplement, and not supplant, other Federal, State, or local funds made available for those agencies, programs, and services.", "id": "id4679aa95-2a63-44f0-8726-2dfc13b50229", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "chapter 117", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/117" }, { "text": "chapter 109A", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/109A" }, { "text": "34 U.S.C. 21112", "legal-doc": "usc", "parsable-cite": "usc/34/21112" } ] } ]

[ "Computers and information technology", "Crime victims", "Crimes against children", "Criminal investigation, prosecution, interrogation", "Criminal justice information and records", "Domestic violence and child abuse", "Government information and archives", "Intergovernmental relations", "Internet, web applications, social media", "Law enforcement administration and funding", "Pornography", "Sex offenses", "State and local government operations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Save Our Seas 2.0 Amendments Act.", "id": "id3b689919-8aa5-4c4a-b076-3938b14766bf", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Modifications to the Marine Debris Foundation \n(a) Definitions \nSection 2 of the Save Our Seas 2.0 Act ( 33 U.S.C. 4201 ) is amended— (1) in paragraph (7)(D), by striking (as defined and all that follows through 5304)) ; (2) by redesignating paragraph (11) as paragraph (13); and (3) by inserting after paragraph (10) the following: (11) 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 the enactment of the Save Our Seas 2.0 Amendments Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (12) Tribal organization \nThe term Tribal organization has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ).. (b) Status of Foundation \nSection 111(a) of such Act ( 33 U.S.C. 4211(a) ) is amended, in the second sentence, by striking organization and inserting corporation. (c) Purposes \nSection 111(b)(3) of such Act ( 33 U.S.C. 4211(b)(3) ) is amended by inserting Indian Tribes, after Tribal governments,. (d) Board of Directors \n(1) Appointment, vacancies, and removal \nSection 112(b) of such Act ( 33 U.S.C. 4212(b) ) is amended— (A) in paragraph (1), in the matter preceding subparagraph (A)— (i) by striking and considering and inserting considering ; (ii) by inserting and with the approval of the Secretary of Commerce, after by the Board, ; and (iii) by inserting and such other criteria as the Under Secretary may establish after subsection (a) ; (B) in paragraph (3)(A), by inserting with the approval of the Secretary of Commerce after the Board ; (C) in paragraph (5)— (i) by inserting the Administrator of the United States Agency for International Development, after Service, ; and (ii) by inserting and with the approval of the Secretary of Commerce after EPA Administrator ; (D) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and (E) by inserting after paragraph (1) the following: (2) Recommendations of Board regarding appointments \nFor appointments made under paragraph (1) other than the initial appointments, the Board shall submit to the Under Secretary recommendations on candidates for appointment.. (2) General powers \nSection 112(g) of such Act ( 33 U.S.C. 4212(g) ) is amended— (A) in paragraph (1)(A), by striking officers and employees and inserting the initial officers and employees ; and (B) in paragraph (2)(B)(i), by striking its chief operating officer and inserting the chief executive officer of the Foundation. (3) Chief executive officer \nSection 112 of such Act ( 33 U.S.C. 4212 ) is amended by adding at the end the following: (h) Chief executive officer \n(1) Appointment; removal; review \nThe Board shall appoint and may remove and review the performance of the chief executive officer of the Foundation. (2) Powers \nThe chief executive officer of the Foundation may appoint, remove, and review the performance of any officer or employee of the Foundation.. (e) Powers of Foundation \nSection 113(c)(1) of such Act ( 33 U.S.C. 4213(c)(1) ) is amended, in the matter preceding subparagraph (A)— (1) by inserting nonprofit before corporation ; and (2) by striking acting as a trustee and inserting formed. (f) Principal office \nSection 113 of such Act ( 33 U.S.C. 4213 ) is amended by adding at the end the following: (g) Principal office \nThe Board may locate the principal office of the Foundation outside the District of Columbia and is encouraged to locate that office in a coastal State.. (g) Best practices; rule of construction \nSection 113 of such Act ( 33 U.S.C. 4213 ), as amended by subsection (f), is further amended by adding at the end the following: (h) Best practices \n(1) In general \nThe Foundation shall develop and implement best practices for conducting outreach to Indian Tribes and Tribal governments. (2) Requirements \nThe best practices developed under paragraph (1) shall— (A) include a process to support technical assistance and capacity building to improve outcomes; and (B) promote an awareness of programs and grants available under this Act. (i) Rule of construction \nNothing in this Act may be construed— (1) to satisfy any requirement for government-to-government consultation with Tribal governments; or (2) to affect or modify any treaty or other right of any Tribal government.. (h) Use of funds \nSection 118 of such Act ( 33 U.S.C. 4218 ) is amended— (1) in subsection (a)— (A) in paragraph (2), by striking and State and local government agencies and inserting , State and local government agencies, regional organizations, Indian Tribes, and Tribal organizations ; and (B) in paragraph (3)— (i) in the paragraph heading, by striking Prohibition and inserting Limitation ; and (ii) by striking subparagraph (B) and inserting the following: (B) Salaries \nThe Foundation may use Federal funds described in subparagraph (A) to pay for salaries only during the 24-month period beginning on the date of the enactment of the Save Our Seas 2.0 Amendments Act. The Secretary shall not require reimbursement from the Foundation for any such Federal funds used to pay for such salaries. ; and (2) in subsection (b)(2), by striking and State and local government agencies and inserting , State and local government agencies, United States and international nongovernmental organizations, regional organizations, and foreign government entities.", "id": "id822fff61-5637-4773-86ca-2309f83bafd5", "header": "Modifications to the Marine Debris Foundation", "nested": [ { "text": "(a) Definitions \nSection 2 of the Save Our Seas 2.0 Act ( 33 U.S.C. 4201 ) is amended— (1) in paragraph (7)(D), by striking (as defined and all that follows through 5304)) ; (2) by redesignating paragraph (11) as paragraph (13); and (3) by inserting after paragraph (10) the following: (11) 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 the enactment of the Save Our Seas 2.0 Amendments Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (12) Tribal organization \nThe term Tribal organization has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )..", "id": "id7355ede7-2188-4576-a340-9e9ba2237ab0", "header": "Definitions", "nested": [], "links": [ { "text": "33 U.S.C. 4201", "legal-doc": "usc", "parsable-cite": "usc/33/4201" }, { "text": "25 U.S.C. 5131", "legal-doc": "usc", "parsable-cite": "usc/25/5131" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] }, { "text": "(b) Status of Foundation \nSection 111(a) of such Act ( 33 U.S.C. 4211(a) ) is amended, in the second sentence, by striking organization and inserting corporation.", "id": "idae51dbac-c132-458e-b5f8-b3ca07a3d7cf", "header": "Status of Foundation", "nested": [], "links": [ { "text": "33 U.S.C. 4211(a)", "legal-doc": "usc", "parsable-cite": "usc/33/4211" } ] }, { "text": "(c) Purposes \nSection 111(b)(3) of such Act ( 33 U.S.C. 4211(b)(3) ) is amended by inserting Indian Tribes, after Tribal governments,.", "id": "idc3da92b3a9cb4909876793a9db6b6c1b", "header": "Purposes", "nested": [], "links": [ { "text": "33 U.S.C. 4211(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/33/4211" } ] }, { "text": "(d) Board of Directors \n(1) Appointment, vacancies, and removal \nSection 112(b) of such Act ( 33 U.S.C. 4212(b) ) is amended— (A) in paragraph (1), in the matter preceding subparagraph (A)— (i) by striking and considering and inserting considering ; (ii) by inserting and with the approval of the Secretary of Commerce, after by the Board, ; and (iii) by inserting and such other criteria as the Under Secretary may establish after subsection (a) ; (B) in paragraph (3)(A), by inserting with the approval of the Secretary of Commerce after the Board ; (C) in paragraph (5)— (i) by inserting the Administrator of the United States Agency for International Development, after Service, ; and (ii) by inserting and with the approval of the Secretary of Commerce after EPA Administrator ; (D) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and (E) by inserting after paragraph (1) the following: (2) Recommendations of Board regarding appointments \nFor appointments made under paragraph (1) other than the initial appointments, the Board shall submit to the Under Secretary recommendations on candidates for appointment.. (2) General powers \nSection 112(g) of such Act ( 33 U.S.C. 4212(g) ) is amended— (A) in paragraph (1)(A), by striking officers and employees and inserting the initial officers and employees ; and (B) in paragraph (2)(B)(i), by striking its chief operating officer and inserting the chief executive officer of the Foundation. (3) Chief executive officer \nSection 112 of such Act ( 33 U.S.C. 4212 ) is amended by adding at the end the following: (h) Chief executive officer \n(1) Appointment; removal; review \nThe Board shall appoint and may remove and review the performance of the chief executive officer of the Foundation. (2) Powers \nThe chief executive officer of the Foundation may appoint, remove, and review the performance of any officer or employee of the Foundation..", "id": "id363a3b0d-5221-4c62-b615-fc8bd4e79d68", "header": "Board of Directors", "nested": [], "links": [ { "text": "33 U.S.C. 4212(b)", "legal-doc": "usc", "parsable-cite": "usc/33/4212" }, { "text": "33 U.S.C. 4212(g)", "legal-doc": "usc", "parsable-cite": "usc/33/4212" }, { "text": "33 U.S.C. 4212", "legal-doc": "usc", "parsable-cite": "usc/33/4212" } ] }, { "text": "(e) Powers of Foundation \nSection 113(c)(1) of such Act ( 33 U.S.C. 4213(c)(1) ) is amended, in the matter preceding subparagraph (A)— (1) by inserting nonprofit before corporation ; and (2) by striking acting as a trustee and inserting formed.", "id": "id0f003f2d-b588-4760-9200-6c6ed81ddcc1", "header": "Powers of Foundation", "nested": [], "links": [ { "text": "33 U.S.C. 4213(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/33/4213" } ] }, { "text": "(f) Principal office \nSection 113 of such Act ( 33 U.S.C. 4213 ) is amended by adding at the end the following: (g) Principal office \nThe Board may locate the principal office of the Foundation outside the District of Columbia and is encouraged to locate that office in a coastal State..", "id": "idb9734e88-a454-4037-9f2d-66b72329afb4", "header": "Principal office", "nested": [], "links": [ { "text": "33 U.S.C. 4213", "legal-doc": "usc", "parsable-cite": "usc/33/4213" } ] }, { "text": "(g) Best practices; rule of construction \nSection 113 of such Act ( 33 U.S.C. 4213 ), as amended by subsection (f), is further amended by adding at the end the following: (h) Best practices \n(1) In general \nThe Foundation shall develop and implement best practices for conducting outreach to Indian Tribes and Tribal governments. (2) Requirements \nThe best practices developed under paragraph (1) shall— (A) include a process to support technical assistance and capacity building to improve outcomes; and (B) promote an awareness of programs and grants available under this Act. (i) Rule of construction \nNothing in this Act may be construed— (1) to satisfy any requirement for government-to-government consultation with Tribal governments; or (2) to affect or modify any treaty or other right of any Tribal government..", "id": "ideacd40a7-111a-4270-a7a1-ff38f7a6fbfc", "header": "Best practices; rule of construction", "nested": [], "links": [ { "text": "33 U.S.C. 4213", "legal-doc": "usc", "parsable-cite": "usc/33/4213" } ] }, { "text": "(h) Use of funds \nSection 118 of such Act ( 33 U.S.C. 4218 ) is amended— (1) in subsection (a)— (A) in paragraph (2), by striking and State and local government agencies and inserting , State and local government agencies, regional organizations, Indian Tribes, and Tribal organizations ; and (B) in paragraph (3)— (i) in the paragraph heading, by striking Prohibition and inserting Limitation ; and (ii) by striking subparagraph (B) and inserting the following: (B) Salaries \nThe Foundation may use Federal funds described in subparagraph (A) to pay for salaries only during the 24-month period beginning on the date of the enactment of the Save Our Seas 2.0 Amendments Act. The Secretary shall not require reimbursement from the Foundation for any such Federal funds used to pay for such salaries. ; and (2) in subsection (b)(2), by striking and State and local government agencies and inserting , State and local government agencies, United States and international nongovernmental organizations, regional organizations, and foreign government entities.", "id": "idc9275fa3-fe32-4e88-8730-53a5d1c30cac", "header": "Use of funds", "nested": [], "links": [ { "text": "33 U.S.C. 4218", "legal-doc": "usc", "parsable-cite": "usc/33/4218" } ] } ], "links": [ { "text": "33 U.S.C. 4201", "legal-doc": "usc", "parsable-cite": "usc/33/4201" }, { "text": "25 U.S.C. 5131", "legal-doc": "usc", "parsable-cite": "usc/25/5131" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "33 U.S.C. 4211(a)", "legal-doc": "usc", "parsable-cite": "usc/33/4211" }, { "text": "33 U.S.C. 4211(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/33/4211" }, { "text": "33 U.S.C. 4212(b)", "legal-doc": "usc", "parsable-cite": "usc/33/4212" }, { "text": "33 U.S.C. 4212(g)", "legal-doc": "usc", "parsable-cite": "usc/33/4212" }, { "text": "33 U.S.C. 4212", "legal-doc": "usc", "parsable-cite": "usc/33/4212" }, { "text": "33 U.S.C. 4213(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/33/4213" }, { "text": "33 U.S.C. 4213", "legal-doc": "usc", "parsable-cite": "usc/33/4213" }, { "text": "33 U.S.C. 4213", "legal-doc": "usc", "parsable-cite": "usc/33/4213" }, { "text": "33 U.S.C. 4218", "legal-doc": "usc", "parsable-cite": "usc/33/4218" } ] }, { "text": "3. Modifications to the Marine Debris Program of the National Oceanic and Atmospheric Administration \nSection 3(d) of the Marine Debris Act ( 33 U.S.C. 1952(d) ) is amended— (1) in the subsection heading, by striking and contracts and inserting contracts, and other agreements ; (2) in paragraph (1), by striking and contracts and inserting , contracts, and other agreements ; (3) in paragraph (2)— (A) in subparagraph (B)— (i) by striking part of the and inserting part of a ; and (ii) by inserting or (C) after subparagraph (A) ; and (B) in subparagraph (C), in the matter preceding clause (i), by inserting and except as provided in subparagraph (B) after subparagraph (A) ; and (4) by adding at the end the following: (7) In-kind contributions \nWith respect to any project carried out pursuant to a contract or other agreement entered into under paragraph (1) that is not a cooperative agreement or an agreement to provide financial assistance in the form of a grant, the Administrator may contribute on an in-kind basis the portion of the costs of the project that the Administrator determines represents the amount of benefit the National Oceanic and Atmospheric Administration derives from the project..", "id": "ideb5b6aa9-163f-4a5f-b6c0-9d6f1bff8bf3", "header": "Modifications to the Marine Debris Program of the National Oceanic and Atmospheric Administration", "nested": [], "links": [ { "text": "33 U.S.C. 1952(d)", "legal-doc": "usc", "parsable-cite": "usc/33/1952" } ] } ]

[ "Aquatic ecology", "Charitable contributions", "Department of Commerce", "Indian social and development programs", "International organizations and cooperation", "Marine pollution", "Public contracts and procurement", "Public-private cooperation", "Social work, volunteer service, charitable organizations", "Water quality" ]

[ { "text": "1. Short title \nThis Act may be cited as the Hearing Protection Act.", "id": "H7686D777540B495C8477696CF4D9F7AD", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Equal treatment of silencers and firearms \n(a) In general \nSection 5845(a) of the Internal Revenue Code of 1986 is amended by striking (7) any silencer and all that follows through ; and (8) and inserting and (7). (b) Effective date \nThe amendment made by this section shall apply to calendar quarters beginning more than 90 days after the date of the enactment of this Act.", "id": "HA629045B5D05427A936104B823507BFD", "header": "Equal treatment of silencers and firearms", "nested": [ { "text": "(a) In general \nSection 5845(a) of the Internal Revenue Code of 1986 is amended by striking (7) any silencer and all that follows through ; and (8) and inserting and (7).", "id": "H2664B9D8053D4C06B8CBA869E1DA250F", "header": "In general", "nested": [], "links": [ { "text": "Section 5845(a)", "legal-doc": "usc", "parsable-cite": "usc/26/5845" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply to calendar quarters beginning more than 90 days after the date of the enactment of this Act.", "id": "H2A79135E1FC84B46828E690253DE7D00", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 5845(a)", "legal-doc": "usc", "parsable-cite": "usc/26/5845" } ] }, { "text": "3. Treatment of certain silencers \nSection 5841 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (f) Firearm silencers \nA person acquiring or possessing a firearm silencer in accordance with chapter 44 of title 18, United States Code, shall be treated as meeting any registration and licensing requirements of the National Firearms Act with respect to such silencer..", "id": "H8231029EA8384D3BA702EDC98990F2FE", "header": "Treatment of certain silencers", "nested": [], "links": [ { "text": "Section 5841", "legal-doc": "usc", "parsable-cite": "usc/26/5841" }, { "text": "chapter 44", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/44" } ] }, { "text": "4. Preemption of certain State laws in relation to firearm silencers \nSection 927 of title 18, United States Code, is amended by adding at the end the following: Notwithstanding the preceding sentence, a law of a State or a political subdivision of a State that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping, or registration requirement with respect to such a firearm silencer, shall have no force or effect..", "id": "HD48F4EBCD9F14819A323D28D812A3043", "header": "Preemption of certain State laws in relation to firearm silencers", "nested": [], "links": [] }, { "text": "5. Destruction of records \nNot later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy any registration of a silencer maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, any application to transfer filed under section 5812 of the Internal Revenue Code of 1986 that identifies the transferee of a silencer, and any application to make filed under section 5822 of the Internal Revenue Code of 1986 that identifies the maker of a silencer.", "id": "HCF8AEF36BDD7491E8A94E7036BB9004B", "header": "Destruction of records", "nested": [], "links": [ { "text": "section 5841", "legal-doc": "usc", "parsable-cite": "usc/26/5841" }, { "text": "section 5812", "legal-doc": "usc", "parsable-cite": "usc/26/5812" }, { "text": "section 5822", "legal-doc": "usc", "parsable-cite": "usc/26/5822" } ] }, { "text": "6. Amendments to title 18, United States Code \nChapter 44 of title 18, United States Code, is amended— (1) in section 921(a), by striking paragraph (25) and inserting the following: (25) (A) The terms firearm silencer and firearm muffler mean any device for silencing, muffling, or diminishing the report of a portable firearm, including the keystone part of such a device. (B) The term keystone part — (i) means, with respect to a firearm silencer or firearm muffler, an externally visible part of a firearm silencer or firearm muffler, without which a device capable of silencing, muffling, or diminishing the report of a portable firearm cannot be assembled; and (ii) does not include any interchangeable parts designed to mount a firearm silencer or firearm muffler to a portable firearm. ; (2) in section 922(b)— (A) in paragraph (1), by striking shotgun or rifle the first place it appears and inserting shotgun, rifle, firearm silencer, or firearm muffler ; and (B) in paragraph (3), by striking rifle or shotgun and inserting shotgun, rifle, firearm silencer, or firearm muffler ; and (3) in section 923(i)— (A) by striking Licensed and inserting the following: (1) In the case of a firearm other than a firearm silencer or firearm muffler, licensed ; and (B) by adding at the end the following: (2) In the case of a firearm silencer or firearm muffler, licensed importers and licensed manufacturers shall identify by means of a serial number engraved or cast on the keystone part of the firearm silencer or firearm muffler, in such manner as the Attorney General shall by regulations prescribe, each firearm silencer or firearm muffler imported or manufactured by such importer or manufacturer, except that, if a firearm silencer or firearm muffler does not have a clearly identifiable keystone part or has multiple keystone parts, licensed importers or licensed manufacturers shall submit a request for a marking variance to the Attorney General. The Attorney General shall grant such a request except on showing good cause that marking the firearm silencer or firearm muffler as requested would not further the purposes of this chapter..", "id": "HC88F517EB24340F0BF9A3BAA80738AC3", "header": "Amendments to title 18, United States Code", "nested": [], "links": [ { "text": "Chapter 44", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/44" } ] }, { "text": "7. Imposition of tax on firearm silencers or firearm mufflers \n(a) In general \nSection 4181 of the Internal Revenue Code of 1986 is amended by adding at the end of the list relating to Articles taxable at 10 percent the following: Firearm silencers or firearm mufflers.. (b) Firearm silencers; firearm mufflers \nSection 4181 of such Code is amended by adding at the end the following: For purposes of this part, the terms ‘firearm silencer’ and ‘firearm muffler’ mean any device for silencing, muffling, or diminishing the report of a portable firearm.. (c) Conforming amendments \n(1) Section 4181 of such Code is amended by striking other than pistols and revolvers and inserting other than articles taxable at 10 percent under this section. (2) Section 4182(b) of such Code is amended by striking firearms, pistols, revolvers, shells, and cartridges and inserting articles described in section 4181 and. (3) Section 4182(c)(1) of such Code is amended by striking or firearm and inserting firearm, firearm silencer, or firearm muffler,. (d) Effective date \nThe amendments made by this section shall apply to articles sold by the manufacturer, producer, or importer in any calendar quarter beginning more than 90 days after the date of the enactment of this Act.", "id": "H65F054D42BB442CABBFEED0593AB5BB2", "header": "Imposition of tax on firearm silencers or firearm mufflers", "nested": [ { "text": "(a) In general \nSection 4181 of the Internal Revenue Code of 1986 is amended by adding at the end of the list relating to Articles taxable at 10 percent the following: Firearm silencers or firearm mufflers..", "id": "H0C14D2177BB4426B8501FCCE47B55DDD", "header": "In general", "nested": [], "links": [ { "text": "Section 4181", "legal-doc": "usc", "parsable-cite": "usc/26/4181" } ] }, { "text": "(b) Firearm silencers; firearm mufflers \nSection 4181 of such Code is amended by adding at the end the following: For purposes of this part, the terms ‘firearm silencer’ and ‘firearm muffler’ mean any device for silencing, muffling, or diminishing the report of a portable firearm..", "id": "H7674720BC1DE452C88F87CA631A0EE5A", "header": "Firearm silencers; firearm mufflers", "nested": [], "links": [] }, { "text": "(c) Conforming amendments \n(1) Section 4181 of such Code is amended by striking other than pistols and revolvers and inserting other than articles taxable at 10 percent under this section. (2) Section 4182(b) of such Code is amended by striking firearms, pistols, revolvers, shells, and cartridges and inserting articles described in section 4181 and. (3) Section 4182(c)(1) of such Code is amended by striking or firearm and inserting firearm, firearm silencer, or firearm muffler,.", "id": "H448C31980C37430E8EA94BF939326A97", "header": "Conforming amendments", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to articles sold by the manufacturer, producer, or importer in any calendar quarter beginning more than 90 days after the date of the enactment of this Act.", "id": "H854AABFA9316422D88B942EEF416E1BE", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 4181", "legal-doc": "usc", "parsable-cite": "usc/26/4181" } ] } ]

[ "Federal preemption", "Firearms and explosives", "Government information and archives", "Licensing and registrations", "Sales and excise taxes", "State and local taxation" ]

[ { "text": "1. Short title \nThis Act may be cited as the Find and Protect Foster Youth Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Eliminating obstacles to identifying and responding to reports of children missing from foster care and other vulnerable foster youth \nSection 476 of the Social Security Act ( 42 U.S.C. 676 ) is amended by adding at the end the following: (f) Evaluation of protocols relating to children missing from foster care and other vulnerable youth; technical assistance \n(1) In general \nThe Secretary shall conduct an evaluation of the protocols established by States in accordance with the requirements of section 471(a)(35) and, to the extent applicable, by Indian tribes or tribal organizations (as defined in section 479B(a)) or tribal consortia with a plan approved under section 471 in accordance with section 479B. (2) Requirements \nThe evaluation shall include the following: (A) A review of relevant aspects of reports submitted by States, Indian tribes, tribal organizations, and tribal consortia under this part and part B, and data and other information reported pursuant to the system established under section 479. (B) Analysis of the extent to which States, Indian tribes, tribal organizations, and tribal consortia comply with, and enforce, the protocols required by section 471(a)(35). (C) Analysis of the effectiveness of such protocols. (D) Identification of obstacles for States, Indian tribes, tribal organizations, and tribal consortia to identifying and responding to reports of children missing from foster care and other vulnerable foster youth. (E) Identification of best practices for identifying such children and youth and intervening with effective services. (3) Technical assistance \nThe Secretary shall provide States, Indian tribes, tribal organizations, and tribal consortia with information, advice, educational materials, and technical assistance relating to eliminating identified obstacles to identifying and responding to reports of children missing from foster care and other vulnerable foster youth and providing such children and youth with effective services. Such assistance may include dissemination of— (A) processes and tools to identify and examine risk factors and potential trends related to children who go missing from foster care and other vulnerable youth; (B) best practices for runaway tracking and recovery; and (C) guidelines for intervention, including with respect to services, types of providers, and placement settings. (4) Report \nNot later than 5 years after the date of enactment of this subsection, the Secretary shall submit a report to Congress on the results of the evaluation conducted under this subsection and the technical assistance provided in accordance with paragraph (3)..", "id": "HF6507B5CAD5D45DDBF4E7F118C917C26", "header": "Eliminating obstacles to identifying and responding to reports of children missing from foster care and other vulnerable foster youth", "nested": [], "links": [ { "text": "42 U.S.C. 676", "legal-doc": "usc", "parsable-cite": "usc/42/676" } ] }, { "text": "3. Improving screening and assessment of children returned to foster care after going missing to determine whether they were, or are at risk of becoming, victims of sex trafficking \nSection 476 of the Social Security Act ( 42 U.S.C. 676 ), as amended by section 2, is further amended by adding at the end the following: (g) Improving identification of, and services for, children who return to foster care after running away or otherwise being absent from foster care and who are, or are at risk of being, victims of sex trafficking \n(1) Assistance \n(A) Screening after a return to foster care \nThe Secretary shall provide States, Indian tribes, tribal organizations, and tribal consortia, with information, advice, educational materials, and technical assistance to improve compliance with section 471(a)(35)(A)(iii). (B) Improving other requirements \nThe information, advice, educational materials, and technical assistance provided may include information, advice, educational materials, and technical assistance to improve or modify policies and procedures (including relevant training for caseworkers) developed by States, Indian tribes, tribal organizations, and tribal consortia under section 471(a)(9)(C), including the following: (i) Identifying, through screening, whether the State has reasonable cause to believe the child or youth is, or is at risk of being, a victim of sex trafficking. (ii) Documenting the results of such screening in agency records. (iii) Determining appropriate services for a child or youth for whom the State determines there is reasonable cause to identify the child or youth as a victim of sex trafficking, or as at risk of being a victim of sex trafficking. (iv) Documenting in agency records the determination of appropriate services for a child or youth described in clause (iii). (2) Forms of assistance \nThe assistance provided under this subsection shall include the following: (A) Assisting States, Indian tribes, tribal organizations, and tribal consortia, with developing oversight mechanisms to assess their compliance with section 471(a)(35)(A)(iii). (B) Assisting States, Indian tribes, tribal organizations, and tribal consortia in developing— (i) assessments for screening children who return to foster care after running away or otherwise being absent from foster care for risk of becoming victims of sex trafficking; and (ii) effective and robust policies relating to the use of the assessments. (C) Working with States, Indian tribes, tribal organizations, and tribal consortia to improve or modify policies and procedures developed under section 471(a)(9)(C). (D) Providing technical assistance on how States, Indian tribes, tribal organizations, and tribal consortia may best use data collected pursuant to section 479 for oversight of, and to ensure compliance with, the requirements of paragraphs (9)(C) and (35)(A)(iii) of section 471(a). (3) Consultation \nThe Secretary shall, to the extent practicable, consult with internal and external offices with expertise on sex trafficking, including the Office on Trafficking in Persons of the Administration for Children and Families, on the development and dissemination to States, Indian tribes, tribal organizations, and tribal consortia of the assistance required under this subsection..", "id": "H1373AA56DD5649DF8A2EE359515AB9F1", "header": "Improving screening and assessment of children returned to foster care after going missing to determine whether they were, or are at risk of becoming, victims of sex trafficking", "nested": [], "links": [ { "text": "42 U.S.C. 676", "legal-doc": "usc", "parsable-cite": "usc/42/676" } ] } ]

[ "Adoption and foster care", "Child safety and welfare", "Congressional oversight", "Human trafficking", "Missing persons", "Sex offenses", "Smuggling and trafficking" ]

[ { "text": "1. Short title \nThis Act may be cited as the Transparency In Charges for Key Events Ticketing Act or the TICKET Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Commission; event; event ticket; ticket issuer \nThe terms Commission , event , event ticket , and ticket issuer have the same meanings as in the Better Online Ticket Sales Act of 2016 ( Public Law 114–274 ). (2) Base event ticket price \nThe term base event ticket price means, with respect to an event ticket, the price of the event ticket excluding the cost of any event ticket fees. (3) Total event ticket price \nThe term total event ticket price means, with respect to an event ticket, the total cost of the event ticket, including the base event ticket price and any event ticket fees. (4) Event ticket fee \nThe term event ticket fee means a charge that must be paid in addition to the base event ticket price in order to obtain an event ticket from a ticket issuer or secondary market ticket issuer, including service fees, charge and order processing fees, delivery fees, facility charge fees, taxes, and other charges, and does not include any charge or fee for an optional product or service associated with the event that may be selected by a purchaser of an event ticket. (5) Optional product or service \nThe term optional product or service means a product or service that an individual does not need to purchase to use or take possession of an event ticket. (6) Secondary market ticket issuer \nThe term secondary market ticket issuer means any entity for which it is in the regular course of the trade or business of the entity to resell or make a secondary sale of an event ticket to the general public. (7) Resale; secondary sale \nThe terms resale and secondary sale mean any sale of an event ticket that occurs after the initial sale of the event ticket by a ticket issuer.", "id": "id978CAF4F8D8B4E8AB5919FBBAA041A74", "header": "Definitions", "nested": [], "links": [ { "text": "Public Law 114–274", "legal-doc": "public-law", "parsable-cite": "pl/114/274" } ] }, { "text": "3. Ticket transparency requirements \n(a) Disclosure of pricing information \nBeginning 90 days after the date of enactment of this Act, it shall be unlawful for a ticket issuer or secondary market ticket issuer to offer for sale an event ticket unless the ticket issuer or secondary market ticket issuer clearly and conspicuously displays the total event ticket price in any advertisement, marketing, or price list wherever the ticket is offered for sale and clearly and conspicuously discloses to any individual who seeks to purchase an event ticket at the beginning of the transaction and prior to the individual's selection of an event ticket to purchase, the total event ticket price and an itemized list of the base event ticket price and each event ticket fee. (b) Disclosure of speculative ticketing \nBeginning 90 days after enactment of this Act, it shall be unlawful for a ticket issuer or secondary market ticket issuer that does not have actual or constructive possession of an event ticket to sell or offer for sale the event ticket unless the ticket issuer or secondary market ticket issuer displays in a clear and conspicuous manner and prior to an individual's selection of an event ticket to purchase a statement that the ticket issuer or secondary market ticket issuer does not possess the ticket at the time the ticket is being sold or offered for sale.", "id": "id11DAC416C4184C00A4E634AC20D2F171", "header": "Ticket transparency requirements", "nested": [ { "text": "(a) Disclosure of pricing information \nBeginning 90 days after the date of enactment of this Act, it shall be unlawful for a ticket issuer or secondary market ticket issuer to offer for sale an event ticket unless the ticket issuer or secondary market ticket issuer clearly and conspicuously displays the total event ticket price in any advertisement, marketing, or price list wherever the ticket is offered for sale and clearly and conspicuously discloses to any individual who seeks to purchase an event ticket at the beginning of the transaction and prior to the individual's selection of an event ticket to purchase, the total event ticket price and an itemized list of the base event ticket price and each event ticket fee.", "id": "idAC1ABD97FF6A490BA5E4880ED74043D0", "header": "Disclosure of pricing information", "nested": [], "links": [] }, { "text": "(b) Disclosure of speculative ticketing \nBeginning 90 days after enactment of this Act, it shall be unlawful for a ticket issuer or secondary market ticket issuer that does not have actual or constructive possession of an event ticket to sell or offer for sale the event ticket unless the ticket issuer or secondary market ticket issuer displays in a clear and conspicuous manner and prior to an individual's selection of an event ticket to purchase a statement that the ticket issuer or secondary market ticket issuer does not possess the ticket at the time the ticket is being sold or offered for sale.", "id": "id463A1B13B1E740E9963F17065025C065", "header": "Disclosure of speculative ticketing", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Enforcement \n(a) Unfair or deceptive act or practice \nA violation of section 3 shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (b) Powers of commission \n(1) In general \nThe Commission shall enforce section 3 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (2) Privileges and immunities \nAny person who violates section 3 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (3) Authority preserved \nNothing in this Act shall be construed to limit the authority of the Commission under any other provision of law.", "id": "idD68B484C2FCF453288111D26E224DA10", "header": "Enforcement", "nested": [ { "text": "(a) Unfair or deceptive act or practice \nA violation of section 3 shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ).", "id": "idCEC1849AB2CB4D6C9B6FDCCE966E31C2", "header": "Unfair or deceptive act or practice", "nested": [], "links": [ { "text": "15 U.S.C. 57a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" } ] }, { "text": "(b) Powers of commission \n(1) In general \nThe Commission shall enforce section 3 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (2) Privileges and immunities \nAny person who violates section 3 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (3) Authority preserved \nNothing in this Act shall be construed to limit the authority of the Commission under any other provision of law.", "id": "idaa605b93cfff499797802b33ac973c9d", "header": "Powers of commission", "nested": [], "links": [ { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" } ] } ], "links": [ { "text": "15 U.S.C. 57a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" } ] }, { "text": "1. Short title \nThis Act may be cited as the Transparency in Charges for Key Events Ticketing Act or the TICKET Act.", "id": "id3750ac3d-ba88-4956-83c4-29683550d652", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Commission; event ticket; ticket issuer \nThe terms Commission , event ticket , and ticket issuer have the same meanings as in the Better Online Ticket Sales Act of 2016 ( Public Law 114–274 ). (2) Base event ticket price \nThe term base event ticket price means, with respect to an event ticket, the price of the event ticket excluding the cost of any event ticket fees. (3) Event \nThe term event means any live concert, theatrical performance, sporting event, show, or similarly scheduled live activity, taking place in a venue with a seating or attendance capacity exceeding 200 persons that is— (A) open to the general public; and (B) promoted, advertised, or marketed in interstate commerce, or for which event tickets are generally sold or distributed in interstate commerce. (4) Total event ticket price \nThe term total event ticket price means, with respect to an event ticket, the total cost of the event ticket, including the base event ticket price and any event ticket fees. (5) Event ticket fee \nThe term event ticket fee means a charge that must be paid in addition to the base event ticket price in order to obtain an event ticket from a ticket issuer or secondary market ticket issuer, including service fees, charge and order processing fees, delivery fees, facility charge fees, taxes, and other charges, and does not include any charge or fee for an optional product or service associated with the event that may be selected by a purchaser of an event ticket. (6) Optional product or service \nThe term optional product or service means a product or service that an individual does not need to purchase to use or take possession of an event ticket. (7) Secondary market ticket issuer \nThe term secondary market ticket issuer means any entity for which it is in the regular course of the trade or business of the entity to resell or make a secondary sale of an event ticket to the general public. (8) Resale; secondary sale \nThe terms resale and secondary sale mean any sale of an event ticket that occurs after the initial sale of the event ticket by a ticket issuer.", "id": "idf42aff0d-9718-4c35-a44b-7fbec80dcfa4", "header": "Definitions", "nested": [], "links": [ { "text": "Public Law 114–274", "legal-doc": "public-law", "parsable-cite": "pl/114/274" } ] }, { "text": "3. All-inclusive ticket price disclosure \nBeginning 120 days after the date of enactment of this Act, it shall be unlawful for a ticket issuer or secondary market ticket issuer to offer for sale an event ticket unless the ticket issuer or secondary market ticket issuer— (1) clearly and conspicuously displays the total event ticket price, if a price is displayed, in any advertisement, marketing, or price list wherever the ticket is offered for sale; (2) clearly and conspicuously discloses to any individual who seeks to purchase an event ticket the total event ticket price at the time the ticket is first displayed to the individual and anytime thereafter throughout the ticket purchasing process; and (3) provides an itemized list of the base event ticket price and each event ticket fee.", "id": "idC849BADE18084CFC9921B842F963C650", "header": "All-inclusive ticket price disclosure", "nested": [], "links": [] }, { "text": "4. Enforcement \n(a) Unfair or deceptive act or practice \nA violation of section 3 shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (b) Powers of commission \n(1) In general \nThe Commission shall enforce section 3 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (2) Privileges and immunities \nAny person who violates section 3 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (3) Authority preserved \nNothing in this Act shall be construed to limit the authority of the Commission under any other provision of law.", "id": "idb9773447-8eca-4997-9825-49d1c17f80d7", "header": "Enforcement", "nested": [ { "text": "(a) Unfair or deceptive act or practice \nA violation of section 3 shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ).", "id": "idc6845a26-5d61-4edf-bbfd-0fe2c7e397f2", "header": "Unfair or deceptive act or practice", "nested": [], "links": [ { "text": "15 U.S.C. 57a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" } ] }, { "text": "(b) Powers of commission \n(1) In general \nThe Commission shall enforce section 3 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (2) Privileges and immunities \nAny person who violates section 3 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (3) Authority preserved \nNothing in this Act shall be construed to limit the authority of the Commission under any other provision of law.", "id": "id3396890a-5a10-44e0-bc49-b78795c10600", "header": "Powers of commission", "nested": [], "links": [ { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" } ] } ], "links": [ { "text": "15 U.S.C. 57a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" } ] } ]

[ "Competition and antitrust", "Consumer affairs", "Inflation and prices", "Marketing and advertising", "Service industries", "User charges and fees" ]

[ { "text": "1. Short title \nThis Act may be cited as the Justice for Jana Elementary Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Covered school \nThe term covered school means a school that is part of the Hazelwood School District in the State of Missouri. (2) Fund \nThe term Fund means the Radioactive School Assistance Fund established under section 4(a). (3) Impacted school \nThe term impacted school means a public elementary school or secondary school— (A) that closed on or after January 1, 2020; and (B) where the Formerly Utilized Sites Remedial Action Program of the Corps of Engineers detected radiation above background levels— (i) on school property; or (ii) otherwise, within 1000 feet of a building containing classrooms or other educational facilities of the school. (4) Jana Elementary School \nThe term Jana Elementary School means the school located at 405 Jana Drive in Florissant, Missouri. (5) Local educational agency \nThe term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (6) National Contingency Plan \nThe term National Contingency Plan means the National Contingency Plan— (A) prepared and published under section 311(d) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(d) ); or (B) revised under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605 ). (7) Program \nThe term Program means the Radioactive School Assistance Program established in accordance with section 4(b). (8) Secretary \nThe term Secretary means the Secretary of Energy. (9) Vicinity property \nThe term vicinity property has the meaning given the term in the Engineer Regulation ER 200–1–4 of the Corps of Engineers entitled Formerly Utilized Sites Remedial Action Program and dated August 29, 2014 (or a successor document).", "id": "idBD589D9A362041CCABC7A0F293139577", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "33 U.S.C. 1321(d)", "legal-doc": "usc", "parsable-cite": "usc/33/1321" }, { "text": "42 U.S.C. 9605", "legal-doc": "usc", "parsable-cite": "usc/42/9605" } ] }, { "text": "3. Remediation of Jana Elementary School \nConsistent with the requirements and obligations under the Formerly Utilized Sites Remedial Action Program of the Corps of Engineers, the Secretary of the Army shall— (1) not later than 120 days after the date of the enactment of this Act, establish new remediation goals for Jana Elementary School that will result in the removal of all radioactive contamination at Jana Elementary School such that no portion of the site is subjected to radiation above background levels; and (2) after establishing remediation goals under paragraph (1), carry out activities necessary to achieve those goals.", "id": "ide78be7e51edd40f8abb325e93193f853", "header": "Remediation of Jana Elementary School", "nested": [], "links": [] }, { "text": "4. Financial assistance for schools with radioactive contamination \n(a) Radioactive School Assistance Fund \n(1) Establishment \nThere is established in the Treasury of the United States a fund to be known as the Radioactive School Assistance Fund to carry out the reimbursement program described in subsection (b). (2) Funding \nThe Fund shall consist of amounts appropriated pursuant to the authorization of appropriations under section 7. (b) Radioactive School Assistance Program \nNot later than 30 days after the date of the enactment of this Act, the Secretary shall establish and implement a program to be known as the Radioactive School Assistance Program to provide financial assistance in accordance with subsection (c) to local educational agencies that have been financially impacted by the presence of radioactive contaminants stemming from the atomic energy activities of the United States Government. (c) Applications for financial assistance \n(1) Reimbursement for testing \n(A) In general \nThe Secretary shall provide financial assistance to each local educational agency that submits to the Secretary an application that includes— (i) a certification that the local educational agency incurred expenses while testing for radioactive contaminants at an impacted school; (ii) proof of such expenses; and (iii) proof that such testing— (I) led to further testing under the Formerly Utilized Sites Remedial Action Program of the Corps of Engineers; or (II) was undertaken following testing by a private entity that found radioactive contamination. (B) Limitations \nFinancial assistance provided to a local educational agency under this paragraph shall not exceed the amount expended by such local educational agency to test for radioactive contamination. (2) Funding for construction \n(A) In general \nThe Secretary shall provide financial assistance for the construction of a new school building to each local educational agency that submits to the Secretary an application that includes the following: (i) A plan for the construction of a new school building. (ii) Documentation that a school under the jurisdiction of the local educational agency is an impacted school. (iii) A budget for the construction of a new school building. (iv) A certification that the local educational agency shall only use financial assistance provided under this paragraph for 1 or more of the following purposes: (I) To purchase land for the construction of a new school building. (II) To construct a new school building to replace an impacted school. (B) Limitations \n(i) Amount of funding \nFinancial assistance provided to a local educational agency under this paragraph shall not exceed $20,000,000 for each impacted school. (ii) Use of funds \nA local educational agency that receives financial assistance under this paragraph may only use such financial assistance for 1 or more of the following purposes: (I) To purchase land for the construction of a new school building. (II) To construct a new school building to replace an impacted school. (3) Considerations \nThe Secretary may not reject an application submitted by a local educational agency for financial assistance under this subsection due to prior remediation by the Corps of Engineers or any other relevant Federal agency of an impacted school under the jurisdiction of such local educational agency. (d) Reports \nNot later than 60 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the Program, which shall include— (1) a description of the number of applications submitted under this section; and (2) a description of the amount of financial assistance provided to local educational agencies under this section.", "id": "idE5368E20C14043CC86999D1C56CE6A80", "header": "Financial assistance for schools with radioactive contamination", "nested": [ { "text": "(a) Radioactive School Assistance Fund \n(1) Establishment \nThere is established in the Treasury of the United States a fund to be known as the Radioactive School Assistance Fund to carry out the reimbursement program described in subsection (b). (2) Funding \nThe Fund shall consist of amounts appropriated pursuant to the authorization of appropriations under section 7.", "id": "idF5A9654FE082475982345D8520970E63", "header": "Radioactive School Assistance Fund", "nested": [], "links": [] }, { "text": "(b) Radioactive School Assistance Program \nNot later than 30 days after the date of the enactment of this Act, the Secretary shall establish and implement a program to be known as the Radioactive School Assistance Program to provide financial assistance in accordance with subsection (c) to local educational agencies that have been financially impacted by the presence of radioactive contaminants stemming from the atomic energy activities of the United States Government.", "id": "id035684B08F714E4BB6E68D179CB45898", "header": "Radioactive School Assistance Program", "nested": [], "links": [] }, { "text": "(c) Applications for financial assistance \n(1) Reimbursement for testing \n(A) In general \nThe Secretary shall provide financial assistance to each local educational agency that submits to the Secretary an application that includes— (i) a certification that the local educational agency incurred expenses while testing for radioactive contaminants at an impacted school; (ii) proof of such expenses; and (iii) proof that such testing— (I) led to further testing under the Formerly Utilized Sites Remedial Action Program of the Corps of Engineers; or (II) was undertaken following testing by a private entity that found radioactive contamination. (B) Limitations \nFinancial assistance provided to a local educational agency under this paragraph shall not exceed the amount expended by such local educational agency to test for radioactive contamination. (2) Funding for construction \n(A) In general \nThe Secretary shall provide financial assistance for the construction of a new school building to each local educational agency that submits to the Secretary an application that includes the following: (i) A plan for the construction of a new school building. (ii) Documentation that a school under the jurisdiction of the local educational agency is an impacted school. (iii) A budget for the construction of a new school building. (iv) A certification that the local educational agency shall only use financial assistance provided under this paragraph for 1 or more of the following purposes: (I) To purchase land for the construction of a new school building. (II) To construct a new school building to replace an impacted school. (B) Limitations \n(i) Amount of funding \nFinancial assistance provided to a local educational agency under this paragraph shall not exceed $20,000,000 for each impacted school. (ii) Use of funds \nA local educational agency that receives financial assistance under this paragraph may only use such financial assistance for 1 or more of the following purposes: (I) To purchase land for the construction of a new school building. (II) To construct a new school building to replace an impacted school. (3) Considerations \nThe Secretary may not reject an application submitted by a local educational agency for financial assistance under this subsection due to prior remediation by the Corps of Engineers or any other relevant Federal agency of an impacted school under the jurisdiction of such local educational agency.", "id": "idB0DFED2C0A1C44558C523A4688B67973", "header": "Applications for financial assistance", "nested": [], "links": [] }, { "text": "(d) Reports \nNot later than 60 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the Program, which shall include— (1) a description of the number of applications submitted under this section; and (2) a description of the amount of financial assistance provided to local educational agencies under this section.", "id": "id3E401839C2CA499894FC8ED0288DE181", "header": "Reports", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Investigation of schools in Hazelwood School District for contaminates \n(a) Designation \nNotwithstanding any other provision of law, each covered school shall be designated as a vicinity property of the St. Louis Airport Site of the Formerly Utilized Sites Remedial Action Program of the Corps of Engineers. (b) Investigation \n(1) In general \nThe Secretary of the Army shall investigate and characterize each covered school in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) and the National Contingency Plan, including, at a minimum, carrying out a preliminary assessment and site inspection of each covered school. (2) Inclusion \nAn investigation of a covered school under paragraph (1) shall include on-site investigatory efforts and sampling in accordance with section 300.420(c)(2) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). (c) Reports \nThe Secretary of the Army shall develop and make available to the public, for each covered school, a report that includes the results of the investigation under subsection (b), including— (1) the results of the on-site investigatory efforts; (2) a summary of the results of sampling under paragraph (2) of that subsection for contaminants of concern, including the average and highest detected levels of each contaminant of concern; and (3) an evaluation of the danger posed to students and employees of the covered school by the levels of contamination. (d) Community relations \nIn carrying out this section, the Secretary of the Army shall comply with all applicable requirements relating to community relations and public notification under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ), section 311 of the Federal Water Pollution Control Act ( 33 U.S.C. 1321 ), and sections 300.415, 300.430, and 300.435 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act).", "id": "id5372B4EBA65B4DAEA432E3E3E308FDCA", "header": "Investigation of schools in Hazelwood School District for contaminates", "nested": [ { "text": "(a) Designation \nNotwithstanding any other provision of law, each covered school shall be designated as a vicinity property of the St. Louis Airport Site of the Formerly Utilized Sites Remedial Action Program of the Corps of Engineers.", "id": "idf8e8a67e3c7c40d398e73c62965a5415", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) Investigation \n(1) In general \nThe Secretary of the Army shall investigate and characterize each covered school in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) and the National Contingency Plan, including, at a minimum, carrying out a preliminary assessment and site inspection of each covered school. (2) Inclusion \nAn investigation of a covered school under paragraph (1) shall include on-site investigatory efforts and sampling in accordance with section 300.420(c)(2) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act).", "id": "idc748de7435394b6f8f09a114f3af0a3e", "header": "Investigation", "nested": [], "links": [ { "text": "42 U.S.C. 9601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9601" } ] }, { "text": "(c) Reports \nThe Secretary of the Army shall develop and make available to the public, for each covered school, a report that includes the results of the investigation under subsection (b), including— (1) the results of the on-site investigatory efforts; (2) a summary of the results of sampling under paragraph (2) of that subsection for contaminants of concern, including the average and highest detected levels of each contaminant of concern; and (3) an evaluation of the danger posed to students and employees of the covered school by the levels of contamination.", "id": "id9827a829f7a84756a9f9890b91f864dd", "header": "Reports", "nested": [], "links": [] }, { "text": "(d) Community relations \nIn carrying out this section, the Secretary of the Army shall comply with all applicable requirements relating to community relations and public notification under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ), section 311 of the Federal Water Pollution Control Act ( 33 U.S.C. 1321 ), and sections 300.415, 300.430, and 300.435 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act).", "id": "idac664ca97b9041789b602dda12594eff", "header": "Community relations", "nested": [], "links": [ { "text": "42 U.S.C. 9601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "33 U.S.C. 1321", "legal-doc": "usc", "parsable-cite": "usc/33/1321" } ] } ], "links": [ { "text": "42 U.S.C. 9601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 9601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "33 U.S.C. 1321", "legal-doc": "usc", "parsable-cite": "usc/33/1321" } ] }, { "text": "6. Review and report of radioactive testing at Jana Elementary School \n(a) Review \nNot later than 30 days after the date of the enactment of this Act, the Secretary shall review the methodology and results of all tests for radioactive contaminants conducted at Jana Elementary School, including— (1) tests conducted by the Corps of Engineers; (2) tests conducted by Boston Chemical Data Corporation; and (3) tests commissioned by the Hazelwood School District in the State of Missouri. (b) Report \n(1) In general \nNot later than 45 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the review required by subsection (a). (2) Contents \nThe report required by paragraph (1) shall include— (A) for each test described in subsection (a), an evaluation of— (i) the reliability of the methodology used— (I) to conduct such test; and (II) to evaluate the results of such test; and (ii) the reliability of the opinions contained in any report summarizing the test; and (B) an evaluation of the danger posed to children by any radioactive contaminants found at Jana Elementary School.", "id": "idE71435AB93FB41B0AC6383501287E877", "header": "Review and report of radioactive testing at Jana Elementary School", "nested": [ { "text": "(a) Review \nNot later than 30 days after the date of the enactment of this Act, the Secretary shall review the methodology and results of all tests for radioactive contaminants conducted at Jana Elementary School, including— (1) tests conducted by the Corps of Engineers; (2) tests conducted by Boston Chemical Data Corporation; and (3) tests commissioned by the Hazelwood School District in the State of Missouri.", "id": "id1B7D46B99CC84CF6A8812CF1C446C2CC", "header": "Review", "nested": [], "links": [] }, { "text": "(b) Report \n(1) In general \nNot later than 45 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the review required by subsection (a). (2) Contents \nThe report required by paragraph (1) shall include— (A) for each test described in subsection (a), an evaluation of— (i) the reliability of the methodology used— (I) to conduct such test; and (II) to evaluate the results of such test; and (ii) the reliability of the opinions contained in any report summarizing the test; and (B) an evaluation of the danger posed to children by any radioactive contaminants found at Jana Elementary School.", "id": "id1DCA7C48AA1E47F6AE323B44FF314DB5", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Authorization of appropriations \nThere is authorized to be appropriated for fiscal year 2023 $25,000,000 to carry out this Act.", "id": "id212F954E39644FE6A941DA1D1E2BFACF", "header": "Authorization of appropriations", "nested": [], "links": [] } ]

[ "Building construction", "Child safety and welfare", "Congressional oversight", "Educational facilities and institutions", "Elementary and secondary education", "Government studies and investigations", "Hazardous wastes and toxic substances", "Radioactive wastes and releases", "Worker safety and health" ]

[ { "text": "1. Short title \nThis Act may be cited as the Combating Workplace Discrimination in Correctional Facilities Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Elimination of required participation in the inmate work program \n(a) United States Code \nSection 4001(b) of title 18, United States Code, is amended by adding at the end the following: (3) The Attorney General may not require inmates to participate in a work program.. (b) Code of Federal Regulations \nThe Attorney General shall amend sections 545.20 and 545.23 of title 28, Code of Federal Regulations, and any other regulations necessary, to comply with the amendment made in paragraph (1).", "id": "id343CC2E0E4F6402888B5AEF44F38DDE7", "header": "Elimination of required participation in the inmate work program", "nested": [ { "text": "(a) United States Code \nSection 4001(b) of title 18, United States Code, is amended by adding at the end the following: (3) The Attorney General may not require inmates to participate in a work program..", "id": "id16FBAEE60F3846DFAD46DB58CDCF384E", "header": "United States Code", "nested": [], "links": [] }, { "text": "(b) Code of Federal Regulations \nThe Attorney General shall amend sections 545.20 and 545.23 of title 28, Code of Federal Regulations, and any other regulations necessary, to comply with the amendment made in paragraph (1).", "id": "id8CA0DCD06E42455AA82A652D35074FD3", "header": "Code of Federal Regulations", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Elimination of administrative exhaustion requirement \n(a) In general \nSection 7(a) of the Civil Rights of Institutionalized Persons Act ( 42 U.S.C. 1997e(a) ) is amended to read as follows: (a) Administrative exhaustion not required \nA prisoner confined in any jail, prison, or other correctional facility may bring an action with respect to prison conditions under section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 ) or another Federal law without regard to whether the prisoner has exhausted the administrative remedies that are available.. (b) Applicability \nThe amendment made by subsection (a) shall apply with respect to any action that is filed on or after the date of enactment of this Act.", "id": "idDF1B3A9EF0074978B8FCE00A8F660DF9", "header": "Elimination of administrative exhaustion requirement", "nested": [ { "text": "(a) In general \nSection 7(a) of the Civil Rights of Institutionalized Persons Act ( 42 U.S.C. 1997e(a) ) is amended to read as follows: (a) Administrative exhaustion not required \nA prisoner confined in any jail, prison, or other correctional facility may bring an action with respect to prison conditions under section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 ) or another Federal law without regard to whether the prisoner has exhausted the administrative remedies that are available..", "id": "idE18E72172A0148B3912045FF2565E1F1", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1997e(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1997e" }, { "text": "42 U.S.C. 1983", "legal-doc": "usc", "parsable-cite": "usc/42/1983" } ] }, { "text": "(b) Applicability \nThe amendment made by subsection (a) shall apply with respect to any action that is filed on or after the date of enactment of this Act.", "id": "id01F010C9B88243A7891A3887EA8702C1", "header": "Applicability", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1997e(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1997e" }, { "text": "42 U.S.C. 1983", "legal-doc": "usc", "parsable-cite": "usc/42/1983" } ] }, { "text": "4. Limitations on retaliation and discipline for refusal to work \n(a) Prohibition of retaliation for refusal To work \nSection 6 of the Civil Rights of Institutionalized Persons Act ( 42 U.S.C. 1997d ) is amended— (1) by striking No person and inserting (a) Reporting violations.— No person ; and (2) by adding at the end: (b) Refusal To work \nNo prisoner (as defined in section 7) shall be subjected to retaliation in any manner for refusal to work.. (b) Limitation on discipline \n(1) United States Code \nSection 4042 of title 18, United States Code, is amended— (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following: (d) Limitation on discipline \nThe Director of the Bureau of Prisons may not discipline a prisoner for refusing to work.. (2) Code of Federal Regulations \nThe Attorney General shall amend sections 541.3 and 545.24(c) of title 28, Code of Federal Regulations, and any other regulations necessary, to comply with the amendment made in paragraph (1).", "id": "id61697E2B3A8B460E8C6DBC3C67CFB834", "header": "Limitations on retaliation and discipline for refusal to work", "nested": [ { "text": "(a) Prohibition of retaliation for refusal To work \nSection 6 of the Civil Rights of Institutionalized Persons Act ( 42 U.S.C. 1997d ) is amended— (1) by striking No person and inserting (a) Reporting violations.— No person ; and (2) by adding at the end: (b) Refusal To work \nNo prisoner (as defined in section 7) shall be subjected to retaliation in any manner for refusal to work..", "id": "id3EB26F07CDF9442FACEC8ADE20762976", "header": "Prohibition of retaliation for refusal To work", "nested": [], "links": [ { "text": "42 U.S.C. 1997d", "legal-doc": "usc", "parsable-cite": "usc/42/1997d" } ] }, { "text": "(b) Limitation on discipline \n(1) United States Code \nSection 4042 of title 18, United States Code, is amended— (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following: (d) Limitation on discipline \nThe Director of the Bureau of Prisons may not discipline a prisoner for refusing to work.. (2) Code of Federal Regulations \nThe Attorney General shall amend sections 541.3 and 545.24(c) of title 28, Code of Federal Regulations, and any other regulations necessary, to comply with the amendment made in paragraph (1).", "id": "idBC7EBCBD3B0E4D20890E50688CA40016", "header": "Limitation on discipline", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1997d", "legal-doc": "usc", "parsable-cite": "usc/42/1997d" } ] }, { "text": "5. Nondiscrimination in employment and public services \n(a) Civil Rights Act of 1964 \n(1) In general \nSection 701 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e ) is amended— (A) in subsection (b), by inserting (including an entity that operates, directly or by contract, a correctional facility, with respect to employment of persons including incarcerated workers) after industry affecting commerce ; (B) in subsection (f), by inserting (including an incarcerated worker) after an individual the first place it appears; and (C) by adding at the end the following: (o) The term correctional facility means a jail, prison, or other detention facility used to house people who have been arrested, detained, held, or convicted by a criminal justice agency or a court. (p) In subsections (b) and (f), the term employ has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (q) The term incarcerated worker means an individual, incarcerated or detained in a correctional facility operated by a public agency or by a private entity through a contract with a public agency, who performs labor offered or required by or through the correctional facility, including labor associated with prison work programs, work release programs, the UNICOR program, State prison industries, public works programs, restitution centers, and correctional facility operations and maintenance.. (2) Exception \nSection 703(a)(2) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(a)(2) ) is amended by inserting , except that a correctional facility may segregate incarcerated workers into separate facilities by sex if necessary to maintain privacy or institutional order before the period. (3) Conforming amendment \nSection 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) ) is amended by adding at the end the following: This section shall not apply to a Federal department, agency, or unit that operates, directly or by contract, a correctional facility, with respect to employment of persons including incarcerated workers.. (b) Americans with Disabilities Act of 1990; Rehabilitation Act of 1973 \n(1) In general \nEach agency that operates a correctional facility (directly or by contract with a private entity) shall— (A) provide to each incarcerated worker notice of the worker's rights under 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 ), with respect to the correctional facilities that the agency operates; (B) implement policies and training to ensure compliance with the Americans with Disabilities Act of 1990 and section 504 of the Rehabilitation Act of 1973, with respect to those facilities; (C) annually prepare a report that contains an evaluation of the agency's compliance with the Americans with Disabilities Act of 1990 and section 504 of the Rehabilitation Act of 1973, with respect to those facilities; and (D) submit the report described in subparagraph (C) to the Attorney General, who shall make the report publicly available on the website of the Department of Justice. (2) Noncompliance \nThe Attorney General shall determine, and implement, appropriate remedies for the failure of an agency covered by paragraph (1) to submit a report required by paragraph (1). (3) Definitions \nIn this section, the terms correctional facility and incarcerated worker have the meanings given the terms in section 701 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e ), as amended by this Act.", "id": "id2104EFA7E01C426E9B0FE24DAB4AB307", "header": "Nondiscrimination in employment and public services", "nested": [ { "text": "(a) Civil Rights Act of 1964 \n(1) In general \nSection 701 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e ) is amended— (A) in subsection (b), by inserting (including an entity that operates, directly or by contract, a correctional facility, with respect to employment of persons including incarcerated workers) after industry affecting commerce ; (B) in subsection (f), by inserting (including an incarcerated worker) after an individual the first place it appears; and (C) by adding at the end the following: (o) The term correctional facility means a jail, prison, or other detention facility used to house people who have been arrested, detained, held, or convicted by a criminal justice agency or a court. (p) In subsections (b) and (f), the term employ has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (q) The term incarcerated worker means an individual, incarcerated or detained in a correctional facility operated by a public agency or by a private entity through a contract with a public agency, who performs labor offered or required by or through the correctional facility, including labor associated with prison work programs, work release programs, the UNICOR program, State prison industries, public works programs, restitution centers, and correctional facility operations and maintenance.. (2) Exception \nSection 703(a)(2) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(a)(2) ) is amended by inserting , except that a correctional facility may segregate incarcerated workers into separate facilities by sex if necessary to maintain privacy or institutional order before the period. (3) Conforming amendment \nSection 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) ) is amended by adding at the end the following: This section shall not apply to a Federal department, agency, or unit that operates, directly or by contract, a correctional facility, with respect to employment of persons including incarcerated workers..", "id": "id39242D87419140C1B89E75BED84283EF", "header": "Civil Rights Act of 1964", "nested": [], "links": [ { "text": "42 U.S.C. 2000e", "legal-doc": "usc", "parsable-cite": "usc/42/2000e" }, { "text": "29 U.S.C. 203", "legal-doc": "usc", "parsable-cite": "usc/29/203" }, { "text": "42 U.S.C. 2000e–2(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/2000e-2" }, { "text": "42 U.S.C. 2000e–16(a)", "legal-doc": "usc", "parsable-cite": "usc/42/2000e-16" } ] }, { "text": "(b) Americans with Disabilities Act of 1990; Rehabilitation Act of 1973 \n(1) In general \nEach agency that operates a correctional facility (directly or by contract with a private entity) shall— (A) provide to each incarcerated worker notice of the worker's rights under 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 ), with respect to the correctional facilities that the agency operates; (B) implement policies and training to ensure compliance with the Americans with Disabilities Act of 1990 and section 504 of the Rehabilitation Act of 1973, with respect to those facilities; (C) annually prepare a report that contains an evaluation of the agency's compliance with the Americans with Disabilities Act of 1990 and section 504 of the Rehabilitation Act of 1973, with respect to those facilities; and (D) submit the report described in subparagraph (C) to the Attorney General, who shall make the report publicly available on the website of the Department of Justice. (2) Noncompliance \nThe Attorney General shall determine, and implement, appropriate remedies for the failure of an agency covered by paragraph (1) to submit a report required by paragraph (1). (3) Definitions \nIn this section, the terms correctional facility and incarcerated worker have the meanings given the terms in section 701 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e ), as amended by this Act.", "id": "id5F3F848D3FA9444BBDDB9991C36BFDA1", "header": "Americans with Disabilities Act of 1990; Rehabilitation Act of 1973", "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": "42 U.S.C. 2000e", "legal-doc": "usc", "parsable-cite": "usc/42/2000e" } ] } ], "links": [ { "text": "42 U.S.C. 2000e", "legal-doc": "usc", "parsable-cite": "usc/42/2000e" }, { "text": "29 U.S.C. 203", "legal-doc": "usc", "parsable-cite": "usc/29/203" }, { "text": "42 U.S.C. 2000e–2(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/2000e-2" }, { "text": "42 U.S.C. 2000e–16(a)", "legal-doc": "usc", "parsable-cite": "usc/42/2000e-16" }, { "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": "42 U.S.C. 2000e", "legal-doc": "usc", "parsable-cite": "usc/42/2000e" } ] } ]

[ "Administrative law and regulatory procedures", "Administrative remedies", "Civil actions and liability", "Correctional facilities and imprisonment", "Department of Justice", "Detention of persons", "Employment and training programs", "Employment discrimination and employee rights", "Government information and archives" ]

[ { "text": "1. Short title \nThis Act may be cited as the Focus on the Mission Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on requiring defense contractors to provide information relating to greenhouse gas emissions \n(a) Definitions \nIn this Act: (1) Greenhouse Gas \nThe term greenhouse gas means— (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) nitrogen trifluoride; (E) hydrofluorocarbons; (F) perfluorcarbons; or (G) sulfur hexafluoride. (2) Greenhouse gas inventory \nThe term greenhouse gas inventory means a quantified list of an entity’s annual greenhouse gas emissions. (3) Scope 1 emissions \nThe term Scope 1 emissions means direct greenhouse gas emissions from sources that are owned or controlled by the reporting entity. (4) Scope 2 emissions \nThe term Scope 2 emissions means indirect greenhouse gas emissions associated with the generation of electricity, heating and cooling, or steam, when these are purchased or acquired for the reporting entity’s own consumption but occur at sources owned or controlled by another entity. (5) Scope 3 emissions \nThe term Scope 3 emissions means greenhouse gas emissions, other than those that are Scope 2 emissions, that are a consequence of the operations of the reporting entity but occur at sources other than those owned or controlled by the entity. (b) Prohibition on disclosure requirements \nThe Secretary of Defense may not require the recipient of a Federal contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions, including Scope 1 emissions, Scope 2 emissions, or Scope 3 emissions.", "id": "idA40C7BF74BBC40948F1587E39384FCF4", "header": "Prohibition on requiring defense contractors to provide information relating to greenhouse gas emissions", "nested": [ { "text": "(a) Definitions \nIn this Act: (1) Greenhouse Gas \nThe term greenhouse gas means— (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) nitrogen trifluoride; (E) hydrofluorocarbons; (F) perfluorcarbons; or (G) sulfur hexafluoride. (2) Greenhouse gas inventory \nThe term greenhouse gas inventory means a quantified list of an entity’s annual greenhouse gas emissions. (3) Scope 1 emissions \nThe term Scope 1 emissions means direct greenhouse gas emissions from sources that are owned or controlled by the reporting entity. (4) Scope 2 emissions \nThe term Scope 2 emissions means indirect greenhouse gas emissions associated with the generation of electricity, heating and cooling, or steam, when these are purchased or acquired for the reporting entity’s own consumption but occur at sources owned or controlled by another entity. (5) Scope 3 emissions \nThe term Scope 3 emissions means greenhouse gas emissions, other than those that are Scope 2 emissions, that are a consequence of the operations of the reporting entity but occur at sources other than those owned or controlled by the entity.", "id": "idC12F642F336B408EB102D0581E3CB0ED", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Prohibition on disclosure requirements \nThe Secretary of Defense may not require the recipient of a Federal contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions, including Scope 1 emissions, Scope 2 emissions, or Scope 3 emissions.", "id": "id1BD1934F4EDC468B878C0271E38AB7A8", "header": "Prohibition on disclosure requirements", "nested": [], "links": [] } ], "links": [] } ]

[ "Air quality", "Business records", "Climate change and greenhouse gases", "Military procurement, research, weapons development", "Public contracts and procurement" ]

[ { "text": "1. Short title \nThis Act may be cited as the Protection from Abusive Passengers Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Defined term \nIn this Act, the term abusive passenger means any individual who, on or after the date of the enactment of this Act, engages in behavior that results in— (1) the assessment of a civil penalty for— (A) engaging in conduct prohibited under section 46318 of title 49, United States Code; or (B) tampering with, interfering with, compromising, modifying, or attempting to circumvent any security system, measure, or procedure related to civil aviation security in violation of section 1540.105(a)(1) of title 49, Code of Federal Regulations, if such violation is committed on an aircraft in flight (as defined in section 46501(1) of title 49, United States Code); (2) a conviction for a violation of section 46503 or 46504 of title 49, United States Code; or (3) a conviction for any other Federal offense involving assaults, threats, or intimidation against a crewmember on an aircraft in flight (as defined in section 46501(1) of title 49, United States Code).", "id": "id6988D94C0DF54BA1BCBE7AF692132309", "header": "Defined term", "nested": [], "links": [] }, { "text": "3. Referrals \nThe Administrator of the Federal Aviation Administration or the Attorney General shall provide the identity (including the full name, full date of birth, and gender) of all abusive passengers to the Administrator of the Transportation Security Administration.", "id": "id64a130a8d93c432196181eac178b496a", "header": "Referrals", "nested": [], "links": [] }, { "text": "4. Banned fliers \n(a) List \nThe Administrator of the Transportation Security Administration shall maintain a list of abusive passengers. (b) Effect of inclusion on list \n(1) In general \nAny individual included on the list maintained pursuant to subsection (a) shall be prohibited from boarding any commercial aircraft flight until such individual is removed from such list in accordance with the procedures established by the Administrator pursuant to section 5. (2) Other lists \nThe placement of an individual on the list maintained pursuant to subsection (a) shall not preclude the placement of such individual on other lists maintained by the Federal Government and used by the Administrator of the Transportation Security Administration pursuant to sections 114(h) and 44903(j)(2)(C) of title 49, United States Code, to prohibit such individual from boarding a flight or to take other appropriate action with respect to such individual if the Administrator determines that such individual— (A) poses a risk to the transportation system or national security; (B) poses a risk of air piracy or terrorism; (C) poses a threat to airline or passenger safety; or (D) poses a threat to civil aviation or national security.", "id": "id8C3BB488347A419E8F0404CDECCA6204", "header": "Banned fliers", "nested": [ { "text": "(a) List \nThe Administrator of the Transportation Security Administration shall maintain a list of abusive passengers.", "id": "id6350ba5b8afe45b7a343f596b844c2ab", "header": "List", "nested": [], "links": [] }, { "text": "(b) Effect of inclusion on list \n(1) In general \nAny individual included on the list maintained pursuant to subsection (a) shall be prohibited from boarding any commercial aircraft flight until such individual is removed from such list in accordance with the procedures established by the Administrator pursuant to section 5. (2) Other lists \nThe placement of an individual on the list maintained pursuant to subsection (a) shall not preclude the placement of such individual on other lists maintained by the Federal Government and used by the Administrator of the Transportation Security Administration pursuant to sections 114(h) and 44903(j)(2)(C) of title 49, United States Code, to prohibit such individual from boarding a flight or to take other appropriate action with respect to such individual if the Administrator determines that such individual— (A) poses a risk to the transportation system or national security; (B) poses a risk of air piracy or terrorism; (C) poses a threat to airline or passenger safety; or (D) poses a threat to civil aviation or national security.", "id": "id6bf19ed90cf54afa97908b58ba31ab3e", "header": "Effect of inclusion on list", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Policies and procedures for handling abusive passengers \nNot later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall develop, and post on a publicly available website of the Transportation Security Administration, policies and procedures for handling individuals included on the list maintained pursuant to section 4(a), including— (1) the process for receiving and handling referrals received pursuant to section 3; (2) the method by which the list of banned fliers required under section 4(a) will be maintained; (3) specific guidelines and considerations for removing an individual from such list based on the gravity of each offense described in section 2; (4) the procedures for the expeditious removal of the names of individuals who were erroneously included on such list; (5) the circumstances under which certain individuals rightfully included on such list may petition to be removed from such list, including the procedures for appealing a denial of such petition; and (6) the process for providing to any individual who is the subject of a referral under section 3— (A) written notification, not later than 5 days after receiving such referral, including an explanation of the procedures and circumstances referred to in paragraphs (4) and (5); and (B) an opportunity to seek relief under paragraph (4) during the 5-day period beginning on the date on which the individual received the notification referred to in subparagraph (A) to avoid being erroneously included on the list of abusive passengers referred to in section 4(a).", "id": "id8A1636F2A4A04D25AFC67266C839D3AD", "header": "Policies and procedures for handling abusive passengers", "nested": [], "links": [] }, { "text": "6. Congressional briefing \nNot later than 1 year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives regarding the policies and procedures developed pursuant to section 5.", "id": "id00294A01AF2B44AFA54E71E75D1CA744", "header": "Congressional briefing", "nested": [], "links": [] }, { "text": "7. Annual report \nThe Administrator of the Transportation Security Administration shall submit an annual report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives that contains nonpersonally identifiable information regarding the composition of the list required under section 4(a), including— (1) the number of individuals included on such list; (2) the age and sex of the individuals included on such list; (3) the underlying offense or offenses of the individuals included on such list; (4) the period of time each individual has been included on such list; (5) the number of individuals rightfully included on such list who have petitioned for removal and the status of such petitions; (6) the number of individuals erroneously included on such list and the time required to remove such individuals from such list; and (7) the number of individuals erroneously included on such list who have been prevented from traveling.", "id": "id8C45DAC18A87464899BBA416C0AEC0DF", "header": "Annual report", "nested": [], "links": [] }, { "text": "8. Inspector General review \nNot less frequently than once every 3 years, the Inspector General of the Department of Homeland Security shall review and report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives regarding the administration and maintenance of the list required under sections 4 and 5, including an assessment of any disparities based on race or ethnicity in the treatment of petitions for removal.", "id": "id54d5a94fefa94a029777ef03930c3ecf", "header": "Inspector General review", "nested": [], "links": [] }, { "text": "9. Ineligibility for Trusted Traveler Programs \nExcept under policies and procedures established by the Secretary of Homeland Security, all abusive passengers shall be permanently ineligible to participate in— (1) the Transportation Security Administration’s PreCheck program; or (2) U.S. Customs and Border Protection’s Global Entry program.", "id": "idF0EEFEDD55D74966AA77010690D55E76", "header": "Ineligibility for Trusted Traveler Programs", "nested": [], "links": [] }, { "text": "10. Limitation \n(a) In general \nThe inclusion of a person’s name on a list described in section 4(a) may not be used as the basis for denying any right or privilege under Federal law except for the rights and privileges described in sections 4(b), 5, and 9. (b) Rule of construction \nNothing in this section may be construed to limit the dissemination, or bar the consideration, of the facts and circumstances that prompt placement of a person on the list described in section 4(a).", "id": "id8fd53edbab8a47e495a4d34229734ef4", "header": "Limitation", "nested": [ { "text": "(a) In general \nThe inclusion of a person’s name on a list described in section 4(a) may not be used as the basis for denying any right or privilege under Federal law except for the rights and privileges described in sections 4(b), 5, and 9.", "id": "id2E85B7AE92DF4E3596916C96865CC10B", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Rule of construction \nNothing in this section may be construed to limit the dissemination, or bar the consideration, of the facts and circumstances that prompt placement of a person on the list described in section 4(a).", "id": "id6e0ea42fc95d4f3394edfd10a1fe962e", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [] }, { "text": "11. Privacy \nPersonally identifiable information used to create the list required under section 4(a)— (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal, State, Tribal, or local authority pursuant to any Federal, State, Tribal, or local law requiring public disclosure of information or records.", "id": "id110EFDE868574D4C9F8DA22FCB3F1DC2", "header": "Privacy", "nested": [], "links": [] }, { "text": "12. Savings provision \nNothing in this Act may be construed to limit the authority of the Transportation Security Administration or of any other Federal agency to undertake measures to protect passengers, flight crew members, or security officers under any other provision of law.", "id": "idD34162942FDD47528CFAA2FA976F8171", "header": "Savings provision", "nested": [], "links": [] } ]

[ "Assault and harassment offenses", "Aviation and airports", "Civil actions and liability", "Congressional oversight", "Government information and archives", "Government studies and investigations", "Right of privacy", "Terrorism", "Transportation employees", "Transportation safety and security", "Worker safety and health" ]

[ { "text": "1. Short title \nThis Act may be cited as the Gun Records Restoration and Preservation Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds as follows: (1) The Tiahrt Amendments prevent the collection of valuable information, and the establishment of effective policies to prevent illegal guns from being used in crimes. (2) The Tiahrt Amendments impede enforcement of the gun laws by requiring most background check records to be destroyed within 24 hours, and by barring the Federal Government from requiring annual inventory audits by owners of gun shops. (3) A 2012 study by researchers at Johns Hopkins Bloomberg School of Public Health found that the Tiahrt Amendments dramatically increase gun trafficking to the criminal market. (4) A 2016 study from the University of Pittsburgh Graduate School of Public Health found that in 2008, 79 percent of all guns recovered by police from crime scenes belonged to someone other than the perpetrator—30 percent had been stolen. (5) A 2020 analysis from the RAND corporation concluded that the Tiahrt Amendments limit researchers’ access to data that provide important insights, such as— (A) how guns flow from States with less restrictive gun laws to States with more restrictive gun laws; (B) how prohibited purchasers obtain their firearms; (C) the characteristics of straw purchases; and (D) whether more restrictive gun laws create a shortage of firearms for prohibited purchases. (6) Every year, more than 165,000 people are shot in the United States. (7) 2020 was one of the deadliest years on record for the United States, with an estimated 21,000 people killed in firearm homicides or non-suicide related shootings, which is a 33-percent increase over 2019. (8) In 2020, 62 percent of firearm homicide victims were Black and 15 percent of firearm homicide victims were Hispanic. (9) In 2020, the National Tracing Center at the Bureau of Alcohol, Tobacco, Firearms and Explosives processed 490,800 trace requests on firearms from Federal, State, and local law enforcement agencies. (10) Having effective policies to prevent illegal gun trafficking makes our families and communities safer. (11) Repealing the Tiahrt Amendments would support law enforcement efforts and give the public vital information needed to craft the most effective policies against illegal guns.", "id": "IDf2a4d13636724de08dc1b56d328a5660", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Repeal of certain limitations on the use of database information of the Bureau of Alcohol, Tobacco, Firearms and Explosives \n(a) The matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 923 note; Public Law 112–55 ; 125 Stat. 609–610) is amended by striking the sixth proviso. (b) The sixth proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated Appropriations Act, 2010 ( 18 U.S.C. 923 note; Public Law 111–117 ; 123 Stat. 3128–3129) is amended by striking beginning in fiscal year 2010 and thereafter and inserting in fiscal year 2010. (c) The sixth proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Omnibus Appropriations Act, 2009 ( 18 U.S.C. 923 note; Public Law 111–8 ; 123 Stat. 574–576) is amended by striking beginning in fiscal year 2009 and thereafter and inserting in fiscal year 2009. (d) The sixth proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated Appropriations Act, 2008 ( 18 U.S.C. 923 note; Public Law 110–161 ; 121 Stat. 1903–1904) is amended by striking beginning in fiscal year 2008 and thereafter and inserting in fiscal year 2008. (e) The sixth proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 ( 18 U.S.C. 923 note; Public Law 109–108 ; 119 Stat. 2295–2296) is amended by striking with respect to any fiscal year. (f) The sixth proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title I of division B of the Consolidated Appropriations Act, 2005 ( 18 U.S.C. 923 note; Public Law 108–447 ; 118 Stat. 2859–2860) is amended by striking with respect to any fiscal year.", "id": "ID7edf65606ee84f32b5ba7e9d73920a09", "header": "Repeal of certain limitations on the use of database information of the Bureau of Alcohol, Tobacco, Firearms and Explosives", "nested": [ { "text": "(a) The matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 923 note; Public Law 112–55 ; 125 Stat. 609–610) is amended by striking the sixth proviso.", "id": "IDc4fbab2eb2064865a21fad74c8ba5506", "header": null, "nested": [], "links": [ { "text": "18 U.S.C. 923", "legal-doc": "usc", "parsable-cite": "usc/18/923" }, { "text": "Public Law 112–55", "legal-doc": "public-law", "parsable-cite": "pl/112/55" } ] }, { "text": "(b) The sixth proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated Appropriations Act, 2010 ( 18 U.S.C. 923 note; Public Law 111–117 ; 123 Stat. 3128–3129) is amended by striking beginning in fiscal year 2010 and thereafter and inserting in fiscal year 2010.", "id": "ID237cb963e13b4627a5e26f32d86b35b3", "header": null, "nested": [], "links": [ { "text": "18 U.S.C. 923", "legal-doc": "usc", "parsable-cite": "usc/18/923" }, { "text": "Public Law 111–117", "legal-doc": "public-law", "parsable-cite": "pl/111/117" } ] }, { "text": "(c) The sixth proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Omnibus Appropriations Act, 2009 ( 18 U.S.C. 923 note; Public Law 111–8 ; 123 Stat. 574–576) is amended by striking beginning in fiscal year 2009 and thereafter and inserting in fiscal year 2009.", "id": "ID04146d72b4584446a380230b2f8dead0", "header": null, "nested": [], "links": [ { "text": "18 U.S.C. 923", "legal-doc": "usc", "parsable-cite": "usc/18/923" }, { "text": "Public Law 111–8", "legal-doc": "public-law", "parsable-cite": "pl/111/8" } ] }, { "text": "(d) The sixth proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated Appropriations Act, 2008 ( 18 U.S.C. 923 note; Public Law 110–161 ; 121 Stat. 1903–1904) is amended by striking beginning in fiscal year 2008 and thereafter and inserting in fiscal year 2008.", "id": "IDdbb8500122c5409091ac0ddc516f1d10", "header": null, "nested": [], "links": [ { "text": "18 U.S.C. 923", "legal-doc": "usc", "parsable-cite": "usc/18/923" }, { "text": "Public Law 110–161", "legal-doc": "public-law", "parsable-cite": "pl/110/161" } ] }, { "text": "(e) The sixth proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 ( 18 U.S.C. 923 note; Public Law 109–108 ; 119 Stat. 2295–2296) is amended by striking with respect to any fiscal year.", "id": "ID9071cfd04c554a73baca89d8e499e769", "header": null, "nested": [], "links": [ { "text": "18 U.S.C. 923", "legal-doc": "usc", "parsable-cite": "usc/18/923" }, { "text": "Public Law 109–108", "legal-doc": "public-law", "parsable-cite": "pl/109/108" } ] }, { "text": "(f) The sixth proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title I of division B of the Consolidated Appropriations Act, 2005 ( 18 U.S.C. 923 note; Public Law 108–447 ; 118 Stat. 2859–2860) is amended by striking with respect to any fiscal year.", "id": "ID417240e3aa484b4b87ca5119d2fedbb0", "header": null, "nested": [], "links": [ { "text": "18 U.S.C. 923", "legal-doc": "usc", "parsable-cite": "usc/18/923" }, { "text": "Public Law 108–447", "legal-doc": "public-law", "parsable-cite": "pl/108/447" } ] } ], "links": [ { "text": "18 U.S.C. 923", "legal-doc": "usc", "parsable-cite": "usc/18/923" }, { "text": "Public Law 112–55", "legal-doc": "public-law", "parsable-cite": "pl/112/55" }, { "text": "18 U.S.C. 923", "legal-doc": "usc", "parsable-cite": "usc/18/923" }, { "text": "Public Law 111–117", "legal-doc": "public-law", "parsable-cite": "pl/111/117" }, { "text": "18 U.S.C. 923", "legal-doc": "usc", "parsable-cite": "usc/18/923" }, { "text": "Public Law 111–8", "legal-doc": "public-law", "parsable-cite": "pl/111/8" }, { "text": "18 U.S.C. 923", "legal-doc": "usc", "parsable-cite": "usc/18/923" }, { "text": "Public Law 110–161", "legal-doc": "public-law", "parsable-cite": "pl/110/161" }, { "text": "18 U.S.C. 923", "legal-doc": "usc", "parsable-cite": "usc/18/923" }, { "text": "Public Law 109–108", "legal-doc": "public-law", "parsable-cite": "pl/109/108" }, { "text": "18 U.S.C. 923", "legal-doc": "usc", "parsable-cite": "usc/18/923" }, { "text": "Public Law 108–447", "legal-doc": "public-law", "parsable-cite": "pl/108/447" } ] }, { "text": "4. Elimination of prohibition on processing of Freedom of Information Act requests about arson or explosives incidents or firearm traces \nSection 644 of division J of the Consolidated Appropriations Resolution, 2003 ( 5 U.S.C. 552 note; Public Law 108–7 ; 117 Stat. 473) is repealed.", "id": "IDcc66e3bca3c843e1965085d384f8ad11", "header": "Elimination of prohibition on processing of Freedom of Information Act requests about arson or explosives incidents or firearm traces", "nested": [], "links": [ { "text": "5 U.S.C. 552", "legal-doc": "usc", "parsable-cite": "usc/5/552" }, { "text": "Public Law 108–7", "legal-doc": "public-law", "parsable-cite": "pl/108/7" } ] }, { "text": "5. Repeal of limitations on imposition of requirement that firearms dealers conduct physical check of firearms inventory \nThe fifth proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 ( 18 U.S.C. 923 note; Public Law 113–6 ; 127 Stat. 248) is amended by striking and any fiscal year thereafter.", "id": "ID2593e4d5883449e1b4cf846c4687043b", "header": "Repeal of limitations on imposition of requirement that firearms dealers conduct physical check of firearms inventory", "nested": [], "links": [ { "text": "18 U.S.C. 923", "legal-doc": "usc", "parsable-cite": "usc/18/923" }, { "text": "Public Law 113–6", "legal-doc": "public-law", "parsable-cite": "pl/113/6" } ] }, { "text": "6. Elimination of prohibition on consolidation or centralization in the Department of Justice of firearms acquisition and disposition records maintained by Federal firearms licensees \nThe matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 923 note; Public Law 112–55 ; 125 Stat. 609) is amended— (1) by striking the first proviso; and (2) in the second proviso, by striking further.", "id": "ID90ae376f823441f491f32c08299a83f3", "header": "Elimination of prohibition on consolidation or centralization in the Department of Justice of firearms acquisition and disposition records maintained by Federal firearms licensees", "nested": [], "links": [ { "text": "18 U.S.C. 923", "legal-doc": "usc", "parsable-cite": "usc/18/923" }, { "text": "Public Law 112–55", "legal-doc": "public-law", "parsable-cite": "pl/112/55" } ] }, { "text": "7. Repeal of requirement to destroy instant criminal background check records within 24 hours \nSection 511 of the Consolidated and Further Continuing Appropriations Act, 2012 ( 34 U.S.C. 40901 note; Public Law 112–55 ; 125 Stat. 632) is amended— (1) by striking — and all that follows through (1) ; and (2) by striking the semicolon and all that follows and inserting a period.", "id": "ID0b52dd48ba3c436b8a6af51fdc5b9c11", "header": "Repeal of requirement to destroy instant criminal background check records within 24 hours", "nested": [], "links": [ { "text": "34 U.S.C. 40901", "legal-doc": "usc", "parsable-cite": "usc/34/40901" }, { "text": "Public Law 112–55", "legal-doc": "public-law", "parsable-cite": "pl/112/55" } ] } ]

[ "Administrative law and regulatory procedures", "Appropriations", "Business records", "Criminal justice information and records", "Department of Justice", "Firearms and explosives", "Fires", "Freedom of information", "Retail and wholesale trades" ]

[ { "text": "1. Short title \nThis Act may be cited as the Helping with Equal Access to Leave and Investing in Needs for Grieving Mothers and Fathers Act or the HEALING Mothers and Fathers Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Leave for spontaneous loss of an unborn child \n(a) Definition of spontaneous loss of an unborn child \nSection 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 )) is amended— (1) by redesignating paragraphs (13) through (19) as paragraphs (14) through (20), respectively; (2) by inserting after paragraph (12) the following: (13) Spontaneous loss of an unborn child \nThe term spontaneous loss of an unborn child means the loss of a child in the womb that does not result from a purposeful act and is unplanned. ; and (3) in paragraph (19)(B), as redesignated, by striking paragraph (15)(B) and inserting paragraph (16)(B). (b) Entitlement to Leave \nSection 102(a)(1) of such Act ( 29 U.S.C. 2612(a)(1) ) is amended by adding at the end the following: (G) Because of the spontaneous loss of an unborn child of the employee or spouse of the employee.. (c) Schedule \nSection 102(b)(1) of such Act ( 29 U.S.C. 2612(b)(1) ) is amended by inserting after the third sentence the following: Subject to subsection (e)(4) and section 103(g), leave under subsection (a)(1)(G) may be taken intermittently or on a reduced leave schedule when medically necessary.. (d) Substitution of paid Leave \nSection 102(d)(2)(B) of such Act ( 29 U.S.C. 2612(d)(2)(B) ) is amended in the first sentence by striking (C) or (D) and inserting (C), (D), or (G). (e) Notice \nSection 102(c) of such Act ( 29 U.S.C. 2612(c) ) is amended by adding at the end the following new paragraph: (4) Notice for leave due to spontaneous loss of an unborn child \nFor leave under subsection (a)(1)(G), the employee shall provide such notice to the employer as is reasonable and practicable.. (f) Certification \nSection 103 of such Act ( 29 U.S.C. 2613 ) is amended— (1) in subsection (c)(1)— (A) by inserting or subsection (g)(1) for leave under section 102(a)(1)(G) after section 102(a)(1) ; and (B) by striking under subsection (b) for such leave and inserting under subsection (b) for leave under subparagraph (C) or (D) of section 102(a)(1) or subsection (g)(2) for leave under section 102(a)(1)(G), respectively ; (2) in subsection (d)— (A) in paragraph (1)— (i) by inserting or subsection (g)(1) after under subsection (a) ; and (ii) by inserting or subsection (g)(2), respectively after under subsection (b) ; and (B) in paragraph (2), by inserting or subsection (g)(2) after under subsection (b) ; and (3) by adding at the end the following: (g) Certification for leave due to spontaneous loss of an unborn child \n(1) In general \nAn employer may require that a request for leave under section 102(a)(1)(G) be supported by a certification issued by the health care provider of the eligible employee or of the spouse of the eligible employee, as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employer. (2) Sufficient certification \nCertification provided under paragraph (1) shall be sufficient if it includes the information described in paragraphs (1), (2), (3), and (5) of subsection (b), with respect to spontaneous loss of an unborn child or bodily side effects of that loss, as appropriate..", "id": "idDA9158DE19EB4993973B4B3EE0CE2758", "header": "Leave for spontaneous loss of an unborn child", "nested": [ { "text": "(a) Definition of spontaneous loss of an unborn child \nSection 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 )) is amended— (1) by redesignating paragraphs (13) through (19) as paragraphs (14) through (20), respectively; (2) by inserting after paragraph (12) the following: (13) Spontaneous loss of an unborn child \nThe term spontaneous loss of an unborn child means the loss of a child in the womb that does not result from a purposeful act and is unplanned. ; and (3) in paragraph (19)(B), as redesignated, by striking paragraph (15)(B) and inserting paragraph (16)(B).", "id": "idBC81AFDE4EDF4956A0347ABA9751B926", "header": "Definition of spontaneous loss of an unborn child", "nested": [], "links": [ { "text": "29 U.S.C. 2611", "legal-doc": "usc", "parsable-cite": "usc/29/2611" } ] }, { "text": "(b) Entitlement to Leave \nSection 102(a)(1) of such Act ( 29 U.S.C. 2612(a)(1) ) is amended by adding at the end the following: (G) Because of the spontaneous loss of an unborn child of the employee or spouse of the employee..", "id": "IDC0538330BC324124835883DFC808856F", "header": "Entitlement to Leave", "nested": [], "links": [ { "text": "29 U.S.C. 2612(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/29/2612" } ] }, { "text": "(c) Schedule \nSection 102(b)(1) of such Act ( 29 U.S.C. 2612(b)(1) ) is amended by inserting after the third sentence the following: Subject to subsection (e)(4) and section 103(g), leave under subsection (a)(1)(G) may be taken intermittently or on a reduced leave schedule when medically necessary..", "id": "ID1BA90635E5D742F88C2B198E517B4FB0", "header": "Schedule", "nested": [], "links": [ { "text": "29 U.S.C. 2612(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/29/2612" } ] }, { "text": "(d) Substitution of paid Leave \nSection 102(d)(2)(B) of such Act ( 29 U.S.C. 2612(d)(2)(B) ) is amended in the first sentence by striking (C) or (D) and inserting (C), (D), or (G).", "id": "IDD3A4CF8A77714A65BEFC371E4EEF7747", "header": "Substitution of paid Leave", "nested": [], "links": [ { "text": "29 U.S.C. 2612(d)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/29/2612" } ] }, { "text": "(e) Notice \nSection 102(c) of such Act ( 29 U.S.C. 2612(c) ) is amended by adding at the end the following new paragraph: (4) Notice for leave due to spontaneous loss of an unborn child \nFor leave under subsection (a)(1)(G), the employee shall provide such notice to the employer as is reasonable and practicable..", "id": "id934284ebbb244d4a8ee2445067afcad6", "header": "Notice", "nested": [], "links": [ { "text": "29 U.S.C. 2612(c)", "legal-doc": "usc", "parsable-cite": "usc/29/2612" } ] }, { "text": "(f) Certification \nSection 103 of such Act ( 29 U.S.C. 2613 ) is amended— (1) in subsection (c)(1)— (A) by inserting or subsection (g)(1) for leave under section 102(a)(1)(G) after section 102(a)(1) ; and (B) by striking under subsection (b) for such leave and inserting under subsection (b) for leave under subparagraph (C) or (D) of section 102(a)(1) or subsection (g)(2) for leave under section 102(a)(1)(G), respectively ; (2) in subsection (d)— (A) in paragraph (1)— (i) by inserting or subsection (g)(1) after under subsection (a) ; and (ii) by inserting or subsection (g)(2), respectively after under subsection (b) ; and (B) in paragraph (2), by inserting or subsection (g)(2) after under subsection (b) ; and (3) by adding at the end the following: (g) Certification for leave due to spontaneous loss of an unborn child \n(1) In general \nAn employer may require that a request for leave under section 102(a)(1)(G) be supported by a certification issued by the health care provider of the eligible employee or of the spouse of the eligible employee, as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employer. (2) Sufficient certification \nCertification provided under paragraph (1) shall be sufficient if it includes the information described in paragraphs (1), (2), (3), and (5) of subsection (b), with respect to spontaneous loss of an unborn child or bodily side effects of that loss, as appropriate..", "id": "IDE258F51D139948E386D38CD32C06D96F", "header": "Certification", "nested": [], "links": [ { "text": "29 U.S.C. 2613", "legal-doc": "usc", "parsable-cite": "usc/29/2613" } ] } ], "links": [ { "text": "29 U.S.C. 2611", "legal-doc": "usc", "parsable-cite": "usc/29/2611" }, { "text": "29 U.S.C. 2612(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/29/2612" }, { "text": "29 U.S.C. 2612(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/29/2612" }, { "text": "29 U.S.C. 2612(d)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/29/2612" }, { "text": "29 U.S.C. 2612(c)", "legal-doc": "usc", "parsable-cite": "usc/29/2612" }, { "text": "29 U.S.C. 2613", "legal-doc": "usc", "parsable-cite": "usc/29/2613" } ] }, { "text": "3. Leave for spontaneous loss of an unborn child, for civil service employees \n(a) Definitions \nSection 6381 of title 5, United States Code, is amended— (1) by redesignating paragraphs (7) through (12) as paragraphs (8) through (13), respectively; (2) by inserting after paragraph (6) the following: (7) the term spontaneous loss of an unborn child means the loss of a child in the womb that does not result from a purposeful act and is unplanned; ; and (3) in paragraph (12)(B), as redesignated, by striking paragraph (8)(B) and inserting paragraph (9)(B). (b) Entitlement to Leave \nSection 6382(a)(1) of title 5, United States Code, is amended by adding at the end the following: (F) Because of the spontaneous loss of an unborn child of the employee or spouse of the employee.. (c) Schedule \nSection 6382(b)(1) of title 5, United States Code, is amended by inserting after the third sentence the following: Subject to subsection (e)(4), and section 103(g), leave under subsection (a)(1)(G) may be taken intermittently or on a reduced leave schedule when medically necessary.. (d) Substitution of paid Leave \nSection 6382(d)(1) of title 5, United States Code, is amended in the first sentence by striking or (E) and inserting (E), or (F). (e) Notice \nSection 6382(e) of title 5, United States Code, is amended by adding at the end the following: (4) For leave under subsection (a)(1)(F), the employee shall provide such notice to the employing agency as is reasonable and practicable.. (f) Certification \nSection 6383 of title 5, United States Code, is amended— (1) in subsection (c)(1)— (A) by inserting or subsection (g)(1) for leave under section 6382(a)(1)(F) after section 6382(a)(1) ; and (B) by striking under subsection (b) for such leave and inserting under subsection (b) for leave under subparagraph (C) or (D) of section 6382(a)(1) or subsection (g)(2) for leave under section 6382(a)(1)(F), respectively ; (2) in subsection (d)— (A) in paragraph (1)— (i) by inserting or subsection (g)(1) after under subsection (a) ; and (ii) by inserting or subsection (g)(2), respectively after under subsection (b) ; and (B) in paragraph (2), by inserting or subsection (g)(2) after under subsection (b) ; and (3) by adding at the end the following: (g) (1) An employing agency may require that a request for leave under section 6382(a)(1)(F) be supported by a certification issued by the health care provider of the employee or of the spouse of the employee, as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employing agency. (2) Certification provided under paragraph (1) shall be sufficient if it includes the information described in paragraphs (1), (2), (3), and (5) of subsection (b), with respect to spontaneous loss of an unborn child or bodily side effects of that loss, as appropriate..", "id": "id916E2B465AB94D0EBA5ACAEDA12B52B6", "header": "Leave for spontaneous loss of an unborn child, for civil service employees", "nested": [ { "text": "(a) Definitions \nSection 6381 of title 5, United States Code, is amended— (1) by redesignating paragraphs (7) through (12) as paragraphs (8) through (13), respectively; (2) by inserting after paragraph (6) the following: (7) the term spontaneous loss of an unborn child means the loss of a child in the womb that does not result from a purposeful act and is unplanned; ; and (3) in paragraph (12)(B), as redesignated, by striking paragraph (8)(B) and inserting paragraph (9)(B).", "id": "id577E37A8215C468AAAF536FD1DF62D58", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Entitlement to Leave \nSection 6382(a)(1) of title 5, United States Code, is amended by adding at the end the following: (F) Because of the spontaneous loss of an unborn child of the employee or spouse of the employee..", "id": "id7AE9269A41B140B18E35DD2A7EF1B4EA", "header": "Entitlement to Leave", "nested": [], "links": [] }, { "text": "(c) Schedule \nSection 6382(b)(1) of title 5, United States Code, is amended by inserting after the third sentence the following: Subject to subsection (e)(4), and section 103(g), leave under subsection (a)(1)(G) may be taken intermittently or on a reduced leave schedule when medically necessary..", "id": "idB29ADF2A5A404142838B2F974A82C697", "header": "Schedule", "nested": [], "links": [] }, { "text": "(d) Substitution of paid Leave \nSection 6382(d)(1) of title 5, United States Code, is amended in the first sentence by striking or (E) and inserting (E), or (F).", "id": "idBC35D931BC7D4670BBA6AF98740D1509", "header": "Substitution of paid Leave", "nested": [], "links": [] }, { "text": "(e) Notice \nSection 6382(e) of title 5, United States Code, is amended by adding at the end the following: (4) For leave under subsection (a)(1)(F), the employee shall provide such notice to the employing agency as is reasonable and practicable..", "id": "idA0D24FE0B25B461E9BD17F2B34A908CE", "header": "Notice", "nested": [], "links": [] }, { "text": "(f) Certification \nSection 6383 of title 5, United States Code, is amended— (1) in subsection (c)(1)— (A) by inserting or subsection (g)(1) for leave under section 6382(a)(1)(F) after section 6382(a)(1) ; and (B) by striking under subsection (b) for such leave and inserting under subsection (b) for leave under subparagraph (C) or (D) of section 6382(a)(1) or subsection (g)(2) for leave under section 6382(a)(1)(F), respectively ; (2) in subsection (d)— (A) in paragraph (1)— (i) by inserting or subsection (g)(1) after under subsection (a) ; and (ii) by inserting or subsection (g)(2), respectively after under subsection (b) ; and (B) in paragraph (2), by inserting or subsection (g)(2) after under subsection (b) ; and (3) by adding at the end the following: (g) (1) An employing agency may require that a request for leave under section 6382(a)(1)(F) be supported by a certification issued by the health care provider of the employee or of the spouse of the employee, as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employing agency. (2) Certification provided under paragraph (1) shall be sufficient if it includes the information described in paragraphs (1), (2), (3), and (5) of subsection (b), with respect to spontaneous loss of an unborn child or bodily side effects of that loss, as appropriate..", "id": "id29CEA7A6A07E4023AF1BA4B5CEF4947C", "header": "Certification", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Refundable personal credit for individuals who have suffered a stillbirth \n(a) In general \nSubpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section: 36C. Stillbirths \n(a) Allowance of credit \n(1) In general \nIn the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable amount. (2) Applicable amount \nFor purposes of paragraph (1), the applicable amount shall be equal to the dollar amount in effect for such taxable year under subsection (a) of section 24. (b) Eligible individual \nFor purposes of this section, the term eligible individual means any individual— (1) who suffered during the taxable year the stillbirth of a child who would have been a qualifying child of the taxpayer (within the meaning of section 152) for the taxable year if such child had been born live, and (2) for whom a certificate of birth resulting in stillbirth has been issued under applicable State law. (c) Stillbirth \nFor purposes of this section, the term stillbirth means the delivery of a child where there was a spontaneous death of the child, not induced by any purposeful act, before the complete delivery from the child's mother. (d) Identification requirement \n(1) In general \nNo credit shall be allowed under this section to a taxpayer unless the taxpayer includes the social security number of such taxpayer on the return of tax for the taxable year. In the case of a joint return, the requirements of this subsection shall be treated as met as long as 1 spouse includes a social security number on the return of tax for the taxable year. (2) Social security number \nFor purposes of this subsection, the term social security number means a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued— (A) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and (B) before the due date for such return.. (b) Clerical amendment \nThe table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Stillbirths.. (c) Conforming amendments \n(1) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, after 36B,. (2) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting , 36C after 36B. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "idCD94644C193A440A94738D3BFD7194D4", "header": "Refundable personal credit for individuals who have suffered a stillbirth", "nested": [ { "text": "(a) In general \nSubpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section: 36C. Stillbirths \n(a) Allowance of credit \n(1) In general \nIn the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable amount. (2) Applicable amount \nFor purposes of paragraph (1), the applicable amount shall be equal to the dollar amount in effect for such taxable year under subsection (a) of section 24. (b) Eligible individual \nFor purposes of this section, the term eligible individual means any individual— (1) who suffered during the taxable year the stillbirth of a child who would have been a qualifying child of the taxpayer (within the meaning of section 152) for the taxable year if such child had been born live, and (2) for whom a certificate of birth resulting in stillbirth has been issued under applicable State law. (c) Stillbirth \nFor purposes of this section, the term stillbirth means the delivery of a child where there was a spontaneous death of the child, not induced by any purposeful act, before the complete delivery from the child's mother. (d) Identification requirement \n(1) In general \nNo credit shall be allowed under this section to a taxpayer unless the taxpayer includes the social security number of such taxpayer on the return of tax for the taxable year. In the case of a joint return, the requirements of this subsection shall be treated as met as long as 1 spouse includes a social security number on the return of tax for the taxable year. (2) Social security number \nFor purposes of this subsection, the term social security number means a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued— (A) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and (B) before the due date for such return..", "id": "idf6e01d97e72047da96da0620bc61b61d", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Stillbirths..", "id": "id595ef14e9f71423fb481bb1e2e316f54", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(c) Conforming amendments \n(1) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, after 36B,. (2) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting , 36C after 36B.", "id": "idb62a6f05f941411c94f9ba8e5558215e", "header": "Conforming amendments", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "idb0ea97ca2544452e91d034ed4bfbbbd1", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "36C. Stillbirths \n(a) Allowance of credit \n(1) In general \nIn the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable amount. (2) Applicable amount \nFor purposes of paragraph (1), the applicable amount shall be equal to the dollar amount in effect for such taxable year under subsection (a) of section 24. (b) Eligible individual \nFor purposes of this section, the term eligible individual means any individual— (1) who suffered during the taxable year the stillbirth of a child who would have been a qualifying child of the taxpayer (within the meaning of section 152) for the taxable year if such child had been born live, and (2) for whom a certificate of birth resulting in stillbirth has been issued under applicable State law. (c) Stillbirth \nFor purposes of this section, the term stillbirth means the delivery of a child where there was a spontaneous death of the child, not induced by any purposeful act, before the complete delivery from the child's mother. (d) Identification requirement \n(1) In general \nNo credit shall be allowed under this section to a taxpayer unless the taxpayer includes the social security number of such taxpayer on the return of tax for the taxable year. In the case of a joint return, the requirements of this subsection shall be treated as met as long as 1 spouse includes a social security number on the return of tax for the taxable year. (2) Social security number \nFor purposes of this subsection, the term social security number means a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued— (A) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and (B) before the due date for such return.", "id": "idbb2b1db43c2e43ccb5109cfcc33d5913", "header": "Stillbirths", "nested": [ { "text": "(a) Allowance of credit \n(1) In general \nIn the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable amount. (2) Applicable amount \nFor purposes of paragraph (1), the applicable amount shall be equal to the dollar amount in effect for such taxable year under subsection (a) of section 24.", "id": "idfc908be6f6544242ad51e5d7bc02f01b", "header": "Allowance of credit", "nested": [], "links": [] }, { "text": "(b) Eligible individual \nFor purposes of this section, the term eligible individual means any individual— (1) who suffered during the taxable year the stillbirth of a child who would have been a qualifying child of the taxpayer (within the meaning of section 152) for the taxable year if such child had been born live, and (2) for whom a certificate of birth resulting in stillbirth has been issued under applicable State law.", "id": "idFF9CD8FD249445EFB1D1FC810CCC6D99", "header": "Eligible individual", "nested": [], "links": [] }, { "text": "(c) Stillbirth \nFor purposes of this section, the term stillbirth means the delivery of a child where there was a spontaneous death of the child, not induced by any purposeful act, before the complete delivery from the child's mother.", "id": "idEF316E60515846CEAC04F2FB5478A823", "header": "Stillbirth", "nested": [], "links": [] }, { "text": "(d) Identification requirement \n(1) In general \nNo credit shall be allowed under this section to a taxpayer unless the taxpayer includes the social security number of such taxpayer on the return of tax for the taxable year. In the case of a joint return, the requirements of this subsection shall be treated as met as long as 1 spouse includes a social security number on the return of tax for the taxable year. (2) Social security number \nFor purposes of this subsection, the term social security number means a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued— (A) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and (B) before the due date for such return.", "id": "id13b09b0c08454f5caf9232234e00a305", "header": "Identification requirement", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Prohibition of funding family planning providers that offer abortion services \nTitle X of the Public Health Service Act ( 42 U.S.C. 300 et seq. ) is amended by adding at the end the following: 1009. Additional prohibition regarding abortion \nThe Secretary shall not provide any assistance under this title to an entity unless the entity certifies that, during the period of such assistance, the entity will not— (1) perform an abortion, or provide funding to any other entity that performs abortions; or (2) refer patients to an abortion provider..", "id": "id04b04972220346078eb07570829ee276", "header": "Prohibition of funding family planning providers that offer abortion services", "nested": [], "links": [ { "text": "42 U.S.C. 300 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300" } ] }, { "text": "1009. Additional prohibition regarding abortion \nThe Secretary shall not provide any assistance under this title to an entity unless the entity certifies that, during the period of such assistance, the entity will not— (1) perform an abortion, or provide funding to any other entity that performs abortions; or (2) refer patients to an abortion provider.", "id": "idb2b5f52b648b4c4289e4e9723e1f4a83", "header": "Additional prohibition regarding abortion", "nested": [], "links": [] } ]

[ "Abortion", "Employee leave", "Government employee pay, benefits, personnel management", "Income tax credits" ]

[ { "text": "1. Short title \nThis Act may be cited as the End Speculative Oil and Gas Leasing Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds that— (1) Federal land should be managed for multiple uses, resources, and values, including recreation use, grazing use, timber resources, mineral resources, watershed management, wildlife and fish habitat, and natural, scenic, scientific, and historic values; (2) section 17(a) of the Mineral Leasing Act ( 30 U.S.C. 226(a) ) authorizes the Secretary of the Interior to offer for lease only land that is known or believed to contain oil or gas deposits ; (3) (A) in determining whether a parcel of Federal land should be made available for oil and gas leasing and development, and in offering such a parcel for sale, the Secretary does not meaningfully take into consideration the oil and gas development potential of that parcel; and (B) as a result, the Secretary regularly offers and leases for oil and gas development Federal land that has no or low potential for the development of oil and gas resources (referred to in this section as no- or low-potential Federal land ); (4) (A) no- or low-potential Federal land is frequently leased for or near the minimum lease bid and rarely produce oil or gas resources; and (B) as a result, taxpayers in the United States receive minimal revenue from the leasing of no- or low-potential Federal land; (5) making no- or low-potential Federal land available for oil and gas leasing can result in leases being obtained for speculative purposes; (6) the Secretary wastes taxpayer resources in issuing and managing leases on no- or low-potential Federal land; (7) no- or low-potential Federal land frequently supports other economically important uses, resources, and values including the uses, resources, and values described in paragraph (1); (8) the existence of leases on no- and low-potential Federal land can and does limit the ability of the Secretary to support and enhance the uses, resources, and values described in paragraph (1); and (9) meaningful public participation in leasing decisions is essential and can help to ensure that the decisions of the Secretary are well-informed and based on current and reliable information and data.", "id": "id301b98f45b7f415889ff31e3fc44460a", "header": "Findings", "nested": [], "links": [ { "text": "30 U.S.C. 226(a)", "legal-doc": "usc", "parsable-cite": "usc/30/226" } ] }, { "text": "3. Policy \nIn accordance with Federal multiple use land management goals, it is the policy of the United States that— (1) the Secretary— (A) shall not, absent exceptional circumstances, offer for lease any Federal land that has low or no potential for the development of oil and gas resources; (B) shall discourage speculation in the Federal onshore oil and gas leasing program; and (C) by not offering for lease Federal land described in subparagraph (A), shall conserve limited Federal resources that can be better applied elsewhere; and (2) the policies described in paragraph (1) are in keeping with, and are not detrimental to, the energy security of the United States.", "id": "idc1b1f143fc1f4e03b61acf1e2ba5bc52", "header": "Policy", "nested": [], "links": [] }, { "text": "4. Definitions \nIn this Act: (1) Drainage \nThe term drainage means the migration of hydrocarbons, inert gases (other than helium), or associated resources caused by production from other wells. (2) Federal land \nThe term Federal land means— (A) public land; and (B) National Forest System land. (3) Land use plan \nThe term land use plan means— (A) a land use plan required under sections 201 and 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1711 , 1712), including any resource management plan (as defined in section 1601.0–5 of title 43, Code of Federal Regulations (or successor regulations)); and (B) a land and resource management plan developed by the Secretary of Agriculture pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ). (4) Public land \nThe term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). (5) Reasonably foreseeable development scenario \nThe term reasonably foreseeable development scenario has the meaning given the term in the handbook of the Bureau of Land Management entitled H—1624–1—Planning for Fluid Mineral Resources (as in effect on the date of enactment of this Act) and issued pursuant to the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ). (6) Secretary \nThe term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.", "id": "id95baf85e2e774c07a9c5bec9d9795470", "header": "Definitions", "nested": [], "links": [ { "text": "43 U.S.C. 1711", "legal-doc": "usc", "parsable-cite": "usc/43/1711" }, { "text": "16 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/16/1604" }, { "text": "43 U.S.C. 1702", "legal-doc": "usc", "parsable-cite": "usc/43/1702" }, { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" } ] }, { "text": "5. Federal land covered by reasonably foreseeable development scenario issued before date of enactment \n(a) In general \nWith respect to Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 et seq. ) that is covered by a reasonably foreseeable development scenario issued before the date of enactment of this Act, except as provided in subsection (b), the Secretary shall not offer the Federal land for lease unless the reasonably foreseeable development scenario for that land includes an assessment of the oil and gas development potential of that land that specifically identifies the potential for all acres subject to decisions on availability for leasing. (b) Exception for drainage \n(1) In general \nThe Secretary may offer for lease any Federal land described in subsection (a) without meeting the requirements of that subsection if— (A) the Federal land is adjacent to and within 1 mile of a well producing oil and gas in paying quantities on the date on which the land is offered for leasing; (B)(i) the lease is issued for the purpose of preventing drainage from the adjacent land and the Secretary has determined that an economic well can be drilled; or (ii) the land is included in a State spacing unit; and (C) the Federal land does not exceed 1280 acres. (2) Requirement \nA lease issued under paragraph (1) shall be consistent with the applicable land use plan and all other applicable law.", "id": "id8FFB6198F5DF4C11BE0ACD5794F40949", "header": "Federal land covered by reasonably foreseeable development scenario issued before date of enactment", "nested": [ { "text": "(a) In general \nWith respect to Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 et seq. ) that is covered by a reasonably foreseeable development scenario issued before the date of enactment of this Act, except as provided in subsection (b), the Secretary shall not offer the Federal land for lease unless the reasonably foreseeable development scenario for that land includes an assessment of the oil and gas development potential of that land that specifically identifies the potential for all acres subject to decisions on availability for leasing.", "id": "idc85e557352da4564ac63ff210f593eb8", "header": "In general", "nested": [], "links": [ { "text": "30 U.S.C. 181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/181" }, { "text": "30 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/351" } ] }, { "text": "(b) Exception for drainage \n(1) In general \nThe Secretary may offer for lease any Federal land described in subsection (a) without meeting the requirements of that subsection if— (A) the Federal land is adjacent to and within 1 mile of a well producing oil and gas in paying quantities on the date on which the land is offered for leasing; (B)(i) the lease is issued for the purpose of preventing drainage from the adjacent land and the Secretary has determined that an economic well can be drilled; or (ii) the land is included in a State spacing unit; and (C) the Federal land does not exceed 1280 acres. (2) Requirement \nA lease issued under paragraph (1) shall be consistent with the applicable land use plan and all other applicable law.", "id": "idFC788034BCD348BDA6806EA496F22444", "header": "Exception for drainage", "nested": [], "links": [] } ], "links": [ { "text": "30 U.S.C. 181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/181" }, { "text": "30 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/351" } ] }, { "text": "6. Federal land not covered by current reasonably foreseeable development scenario \n(a) In general \n(1) In general \nExcept as provided in subsection (c), if the Secretary determines that Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 et seq. ) is not covered by a reasonably foreseeable development scenario issued in accordance with this subsection or section 5(a), the Secretary, in cooperation with the Secretary of Agriculture with respect to National Forest System land, shall complete such a reasonably foreseeable development scenario prior to making the Federal land available for lease. (2) Requirements \nAny reasonably foreseeable development scenario issued on or after the date of enactment of this Act shall, at a minimum— (A) assess and designate all Federal land covered by the reasonably foreseeable development scenario as having high, moderate, low, or no potential for development of oil and gas resources; and (B) publish a map depicting the covered Federal land and the development potential for that Federal land designated under subparagraph (A). (3) Factors \n(A) In general \nIn completing a reasonably foreseeable development scenario for Federal land, the Secretary shall take into consideration all relevant and available information, including— (i) past and present exploration and development activity in the vicinity, including historic trends; (ii) for each lease in the vicinity, the number, location, and types of wells drilled, the representative depth of wells drilled, the number and location of dry holes, the success ratio for wells drilled, and the location, production history, and life expectancy of producing fields; (iii) geological, geophysical, and geochemical information for the Federal land, including data and information from the United States Geological Survey, the Department of Energy, State agencies, industry, professional societies, academic sources, and the public; (iv) structural and stratigraphic data and information relating to basins, fields, and plays on the Federal land; and (v) data and information on the likelihood that economically recoverable oil and gas resources are present in a given area, including information submitted by experts and the public. (B) Explanation of factors \nThe Secretary shall document how each factor described in subparagraph (A) and any other factors considered by the Secretary support the designation of the potential for development of oil and gas resources on the Federal land. (4) Opportunity for public participation \nIn developing a reasonably foreseeable development scenario under this subsection, the Secretary shall— (A) notify the public that the reasonably foreseeable development scenario is being initiated; (B) publish a request for information for the reasonably foreseeable development scenario; (C) release a draft version of the reasonably foreseeable development scenario for a public review and comment for a period of not less than 60 days; and (D) consider and respond to public comments in the final version of the reasonably foreseeable development scenario. (b) Regular update \n(1) In general \nNot later than 15 years after the date of enactment of this Act, and not less frequently than every 15 years thereafter, the Secretary, consistent with subsection (a) and in cooperation with the Secretary of Agriculture with respect to National Forest System land, shall review and update all reasonably foreseeable development scenarios covering Federal land. (2) Prohibition \nExcept as provided in subsection (c), the Secretary shall not offer for lease any Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 et seq. ) unless the Secretary has updated the reasonably foreseeable development scenario covering that Federal land in accordance with paragraph (1). (c) Exception for drainage \n(1) In general \nThe Secretary may offer for lease any Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 et seq. ) without completing or updating a reasonably foreseeable development scenario for that land under subsection (a) or (b), as applicable, if— (A) the Federal land is adjacent to and within 1 mile of a well producing oil and gas in paying quantities on the date on which the land is offered for leasing; (B)(i) the lease is issued for the purpose of preventing drainage from the adjacent land and the Secretary has determined that an economic well can be drilled; or (ii) the land is included in a State spacing unit; and (C) the Federal land does not exceed 1280 acres. (2) Requirement \nA lease issued under paragraph (1) shall be consistent with the applicable land use plan and all other applicable law.", "id": "idbce61b96f5cd48558ea9da4bf8683b50", "header": "Federal land not covered by current reasonably foreseeable development scenario", "nested": [ { "text": "(a) In general \n(1) In general \nExcept as provided in subsection (c), if the Secretary determines that Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 et seq. ) is not covered by a reasonably foreseeable development scenario issued in accordance with this subsection or section 5(a), the Secretary, in cooperation with the Secretary of Agriculture with respect to National Forest System land, shall complete such a reasonably foreseeable development scenario prior to making the Federal land available for lease. (2) Requirements \nAny reasonably foreseeable development scenario issued on or after the date of enactment of this Act shall, at a minimum— (A) assess and designate all Federal land covered by the reasonably foreseeable development scenario as having high, moderate, low, or no potential for development of oil and gas resources; and (B) publish a map depicting the covered Federal land and the development potential for that Federal land designated under subparagraph (A). (3) Factors \n(A) In general \nIn completing a reasonably foreseeable development scenario for Federal land, the Secretary shall take into consideration all relevant and available information, including— (i) past and present exploration and development activity in the vicinity, including historic trends; (ii) for each lease in the vicinity, the number, location, and types of wells drilled, the representative depth of wells drilled, the number and location of dry holes, the success ratio for wells drilled, and the location, production history, and life expectancy of producing fields; (iii) geological, geophysical, and geochemical information for the Federal land, including data and information from the United States Geological Survey, the Department of Energy, State agencies, industry, professional societies, academic sources, and the public; (iv) structural and stratigraphic data and information relating to basins, fields, and plays on the Federal land; and (v) data and information on the likelihood that economically recoverable oil and gas resources are present in a given area, including information submitted by experts and the public. (B) Explanation of factors \nThe Secretary shall document how each factor described in subparagraph (A) and any other factors considered by the Secretary support the designation of the potential for development of oil and gas resources on the Federal land. (4) Opportunity for public participation \nIn developing a reasonably foreseeable development scenario under this subsection, the Secretary shall— (A) notify the public that the reasonably foreseeable development scenario is being initiated; (B) publish a request for information for the reasonably foreseeable development scenario; (C) release a draft version of the reasonably foreseeable development scenario for a public review and comment for a period of not less than 60 days; and (D) consider and respond to public comments in the final version of the reasonably foreseeable development scenario.", "id": "idc67eb606709d4f79a1f9128335bfec38", "header": "In general", "nested": [], "links": [ { "text": "30 U.S.C. 181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/181" }, { "text": "30 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/351" } ] }, { "text": "(b) Regular update \n(1) In general \nNot later than 15 years after the date of enactment of this Act, and not less frequently than every 15 years thereafter, the Secretary, consistent with subsection (a) and in cooperation with the Secretary of Agriculture with respect to National Forest System land, shall review and update all reasonably foreseeable development scenarios covering Federal land. (2) Prohibition \nExcept as provided in subsection (c), the Secretary shall not offer for lease any Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 et seq. ) unless the Secretary has updated the reasonably foreseeable development scenario covering that Federal land in accordance with paragraph (1).", "id": "id54f3958e3fda43d48b7e4e6d6c54a7bd", "header": "Regular update", "nested": [], "links": [ { "text": "30 U.S.C. 181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/181" }, { "text": "30 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/351" } ] }, { "text": "(c) Exception for drainage \n(1) In general \nThe Secretary may offer for lease any Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 et seq. ) without completing or updating a reasonably foreseeable development scenario for that land under subsection (a) or (b), as applicable, if— (A) the Federal land is adjacent to and within 1 mile of a well producing oil and gas in paying quantities on the date on which the land is offered for leasing; (B)(i) the lease is issued for the purpose of preventing drainage from the adjacent land and the Secretary has determined that an economic well can be drilled; or (ii) the land is included in a State spacing unit; and (C) the Federal land does not exceed 1280 acres. (2) Requirement \nA lease issued under paragraph (1) shall be consistent with the applicable land use plan and all other applicable law.", "id": "id91e5688cdbac4b5da6bf59c8853a9203", "header": "Exception for drainage", "nested": [], "links": [ { "text": "30 U.S.C. 181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/181" }, { "text": "30 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/351" } ] } ], "links": [ { "text": "30 U.S.C. 181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/181" }, { "text": "30 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/351" }, { "text": "30 U.S.C. 181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/181" }, { "text": "30 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/351" }, { "text": "30 U.S.C. 181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/181" }, { "text": "30 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/351" } ] }, { "text": "7. Land having no or low development potential under a reasonably foreseeable development scenario \n(a) In general \nExcept as provided in subsections (b) and (c), the Secretary shall not offer for lease any Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 et seq. ) if the Federal land is designated in the applicable reasonably foreseeable development scenario as having low or no potential for development of oil or gas resources. (b) Exception for drainage \n(1) In general \nThe Secretary may offer for lease any Federal land described in subsection (a) if— (A) the Federal land is adjacent to and within 1 mile of a well producing oil and gas in paying quantities on the date on which the land is offered for leasing; (B)(i) the lease is issued for the purpose of preventing drainage from the adjacent land and the Secretary has determined that an economic well can be drilled; or (ii) the land is included in a State spacing unit; and (C) the Federal land does not exceed 1280 acres. (2) Requirement \nA lease issued under paragraph (1) shall be consistent with the applicable land use plan and all other applicable law. (c) Variance process \n(1) In general \nAn entity seeking to lease Federal land described in subsection (a) for purposes other than the purpose described in subsection (b)(1)(B)(i) may submit to the Secretary an application for a variance under which the applicant shall bear the full burden of establishing and documenting that providing a variance for the Federal land would— (A) be consistent with decisions contained in the land use plan in effect for the Federal land; (B) affect only areas— (i) with low wildlife, recreation, livestock, and other multiple-use resource values; and (ii) where impacts to those values arising from the variance can be mitigated; (C) optimize the use of existing infrastructure and avoid duplication of infrastructure and disruption of public land; (D) minimize adverse impacts on fish and wildlife habitats and migration and movement corridors in nearby areas; (E) cause no significant effects on species listed as endangered species or threatened species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) or the habitats of those species; (F) cause no cumulative impacts on air or water resources of concern that cannot be avoided or minimized; (G) cause no adverse impacts on— (i) units of the National Park System; (ii) units of the National Wildlife Refuge System; (iii) areas of critical environmental concern; (iv) components of the National Wilderness Preservation System; or (v) other special status areas, including State and local parks and wildlife and recreation areas; and (H) allow the Federal land to be developed in the public interest. (2) Opportunity for public participation \n(A) In general \nOn receipt of an application for a variance under paragraph (1), the Secretary shall— (i) promptly notify the public that the application has been received; and (ii) provide the public with an opportunity to review and comment on the application, including any supporting documents, for a period of not less than 60 days. (B) Response \nThe Secretary shall consider and respond in writing to any public comments received under subparagraph (A)(ii) before making a determination under paragraph (3)(A). (3) Granting of variance \nThe Secretary may grant a variance for Federal land described in subsection (a) pursuant to an application submitted under paragraph (1), and offer that Federal land for lease, if— (A) the Secretary publishes in the Federal Register a determination that— (i) the applicant met the burden of establishing and documenting that the variance would meet the requirements described in paragraph (1); (ii) offering the Federal land for lease— (I) would not preclude the use of the Federal land for other uses, including grazing, fish and wildlife, and recreation uses; and (II) would be managed in accordance with the principles of multiple use (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )); and (iii) the variance is in the public interest; and (B) the Federal land— (i) is adjacent to land currently producing oil or gas in commercial quantities on the date on which the variance is granted; and (ii) does not exceed 1280 acres. (4) Requirement \nA lease issued under paragraph (3) shall be consistent with the applicable land use plan and all other applicable law. (5) Limitation \nThe Secretary shall not grant more than 1 variance under this subsection per 5-year period to an applicant or to an entity under common ownership or control with the applicant.", "id": "idb3dfbe9a15634e5a8e6af5dad5d55225", "header": "Land having no or low development potential under a reasonably foreseeable development scenario", "nested": [ { "text": "(a) In general \nExcept as provided in subsections (b) and (c), the Secretary shall not offer for lease any Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 et seq. ) if the Federal land is designated in the applicable reasonably foreseeable development scenario as having low or no potential for development of oil or gas resources.", "id": "id4177b45333504b148457a319f9696527", "header": "In general", "nested": [], "links": [ { "text": "30 U.S.C. 181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/181" }, { "text": "30 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/351" } ] }, { "text": "(b) Exception for drainage \n(1) In general \nThe Secretary may offer for lease any Federal land described in subsection (a) if— (A) the Federal land is adjacent to and within 1 mile of a well producing oil and gas in paying quantities on the date on which the land is offered for leasing; (B)(i) the lease is issued for the purpose of preventing drainage from the adjacent land and the Secretary has determined that an economic well can be drilled; or (ii) the land is included in a State spacing unit; and (C) the Federal land does not exceed 1280 acres. (2) Requirement \nA lease issued under paragraph (1) shall be consistent with the applicable land use plan and all other applicable law.", "id": "id9260dcc7826e46499bd6edf027bd3027", "header": "Exception for drainage", "nested": [], "links": [] }, { "text": "(c) Variance process \n(1) In general \nAn entity seeking to lease Federal land described in subsection (a) for purposes other than the purpose described in subsection (b)(1)(B)(i) may submit to the Secretary an application for a variance under which the applicant shall bear the full burden of establishing and documenting that providing a variance for the Federal land would— (A) be consistent with decisions contained in the land use plan in effect for the Federal land; (B) affect only areas— (i) with low wildlife, recreation, livestock, and other multiple-use resource values; and (ii) where impacts to those values arising from the variance can be mitigated; (C) optimize the use of existing infrastructure and avoid duplication of infrastructure and disruption of public land; (D) minimize adverse impacts on fish and wildlife habitats and migration and movement corridors in nearby areas; (E) cause no significant effects on species listed as endangered species or threatened species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) or the habitats of those species; (F) cause no cumulative impacts on air or water resources of concern that cannot be avoided or minimized; (G) cause no adverse impacts on— (i) units of the National Park System; (ii) units of the National Wildlife Refuge System; (iii) areas of critical environmental concern; (iv) components of the National Wilderness Preservation System; or (v) other special status areas, including State and local parks and wildlife and recreation areas; and (H) allow the Federal land to be developed in the public interest. (2) Opportunity for public participation \n(A) In general \nOn receipt of an application for a variance under paragraph (1), the Secretary shall— (i) promptly notify the public that the application has been received; and (ii) provide the public with an opportunity to review and comment on the application, including any supporting documents, for a period of not less than 60 days. (B) Response \nThe Secretary shall consider and respond in writing to any public comments received under subparagraph (A)(ii) before making a determination under paragraph (3)(A). (3) Granting of variance \nThe Secretary may grant a variance for Federal land described in subsection (a) pursuant to an application submitted under paragraph (1), and offer that Federal land for lease, if— (A) the Secretary publishes in the Federal Register a determination that— (i) the applicant met the burden of establishing and documenting that the variance would meet the requirements described in paragraph (1); (ii) offering the Federal land for lease— (I) would not preclude the use of the Federal land for other uses, including grazing, fish and wildlife, and recreation uses; and (II) would be managed in accordance with the principles of multiple use (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )); and (iii) the variance is in the public interest; and (B) the Federal land— (i) is adjacent to land currently producing oil or gas in commercial quantities on the date on which the variance is granted; and (ii) does not exceed 1280 acres. (4) Requirement \nA lease issued under paragraph (3) shall be consistent with the applicable land use plan and all other applicable law. (5) Limitation \nThe Secretary shall not grant more than 1 variance under this subsection per 5-year period to an applicant or to an entity under common ownership or control with the applicant.", "id": "id5ebbcea869014f13b2a248204bf418ea", "header": "Variance process", "nested": [], "links": [ { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" }, { "text": "43 U.S.C. 1702", "legal-doc": "usc", "parsable-cite": "usc/43/1702" } ] } ], "links": [ { "text": "30 U.S.C. 181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/181" }, { "text": "30 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/351" }, { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" }, { "text": "43 U.S.C. 1702", "legal-doc": "usc", "parsable-cite": "usc/43/1702" } ] }, { "text": "8. Effect \n(a) Multiple use considerations \nNothing in this Act, including a determination under a reasonably foreseeable development scenario issued pursuant to this Act that Federal land has high or moderate potential for development of oil and gas resources, alters— (1) the requirements under section 202(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712(c) ) that prior to offering for lease any public land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 et seq. ), the Secretary shall consider and weigh the multiple use and sustained yield values of the public land; (2) the requirements of subsections (b) and (e) of section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ) that prior to offering for lease any National Forest System land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 et seq. ), the Secretary of Agriculture shall consider and weigh the multiple use and sustained yield values of the National Forest System land; or (3) any other applicable requirements of law. (b) NEPA \nNothing in this Act modifies, alters, or impacts the applicability of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) to the leasing of Federal land by the Secretary.", "id": "id22866b5e87bf4c85bd52169260962257", "header": "Effect", "nested": [ { "text": "(a) Multiple use considerations \nNothing in this Act, including a determination under a reasonably foreseeable development scenario issued pursuant to this Act that Federal land has high or moderate potential for development of oil and gas resources, alters— (1) the requirements under section 202(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712(c) ) that prior to offering for lease any public land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 et seq. ), the Secretary shall consider and weigh the multiple use and sustained yield values of the public land; (2) the requirements of subsections (b) and (e) of section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ) that prior to offering for lease any National Forest System land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 et seq. ), the Secretary of Agriculture shall consider and weigh the multiple use and sustained yield values of the National Forest System land; or (3) any other applicable requirements of law.", "id": "id84e822280e6a4ab8b6d851fa26c606a1", "header": "Multiple use considerations", "nested": [], "links": [ { "text": "43 U.S.C. 1712(c)", "legal-doc": "usc", "parsable-cite": "usc/43/1712" }, { "text": "30 U.S.C. 181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/181" }, { "text": "30 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/351" }, { "text": "16 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/16/1604" }, { "text": "30 U.S.C. 181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/181" }, { "text": "30 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/351" } ] }, { "text": "(b) NEPA \nNothing in this Act modifies, alters, or impacts the applicability of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) to the leasing of Federal land by the Secretary.", "id": "id1571617746e04dd7913448e330deddfb", "header": "NEPA", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] } ], "links": [ { "text": "43 U.S.C. 1712(c)", "legal-doc": "usc", "parsable-cite": "usc/43/1712" }, { "text": "30 U.S.C. 181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/181" }, { "text": "30 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/351" }, { "text": "16 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/16/1604" }, { "text": "30 U.S.C. 181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/181" }, { "text": "30 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/351" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] } ]

[ "Forests, forestry, trees", "Land use and conservation", "Oil and gas" ]

[ { "text": "1. Short title \nThis Act may be cited as the Reducing Hereditary Cancer Act of 2023.", "id": "H300A7ABA3BD24DECB00A57230CA2D30C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Hereditary cancer genetic testing of individuals with a family history of a hereditary cancer gene mutation or personal or family history suspicious for hereditary cancer \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 with a personal or family history of a hereditary cancer gene mutation or a personal or family history suspicious for hereditary cancer, germline mutation testing; ; and (2) by adding at the end the following new subsection: (nnn) Germline mutation testing \nThe term germline mutation testing means genetic testing for germline mutations that is in accordance with evidence-based, clinical practice guidelines specifically addressing genetic testing, screening, and management of individuals with inherited mutations associated with increased cancer risk that— (1) have been developed by a nationally recognized oncology professional organization, including the National Comprehensive Cancer Network, the American Society of Clinical Oncology, the Society of Gynecologic Oncology, or any other oncology professional organization specified by a medicare administrative contractor with a contract under section 1874A; and (2) in the case of conflicting guidelines developed by more than one nationally recognized oncology professional organization, are the least restrictive of such guidelines, as determined by such a medicare administrative contractor.. (b) Frequency \nSection 1862(a)(1) of the Social Security Act ( 42 U.S.C. 1395y(a)(1) ) is amended— (1) by striking and at the end of subparagraph (O); (2) by adding and at the end of subparagraph (P); and (3) by adding at the end the following new subparagraph: (Q) in the case of germline mutation testing as defined in section 1861(nnn), which is performed more than once with respect to an individual described in such section;. (c) Effective date \nThe amendments made by this section shall apply to testing furnished on or after the date of the enactment of this Act.", "id": "H9B70EC05536F496491C2C8066E5EF52E", "header": "Hereditary cancer genetic testing of individuals with a family history of a hereditary cancer gene mutation or personal or family history suspicious for hereditary cancer", "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 with a personal or family history of a hereditary cancer gene mutation or a personal or family history suspicious for hereditary cancer, germline mutation testing; ; and (2) by adding at the end the following new subsection: (nnn) Germline mutation testing \nThe term germline mutation testing means genetic testing for germline mutations that is in accordance with evidence-based, clinical practice guidelines specifically addressing genetic testing, screening, and management of individuals with inherited mutations associated with increased cancer risk that— (1) have been developed by a nationally recognized oncology professional organization, including the National Comprehensive Cancer Network, the American Society of Clinical Oncology, the Society of Gynecologic Oncology, or any other oncology professional organization specified by a medicare administrative contractor with a contract under section 1874A; and (2) in the case of conflicting guidelines developed by more than one nationally recognized oncology professional organization, are the least restrictive of such guidelines, as determined by such a medicare administrative contractor..", "id": "H2807917E23664BF591F790CED4C76F6B", "header": "Coverage", "nested": [], "links": [ { "text": "42 U.S.C. 1395x", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] }, { "text": "(b) Frequency \nSection 1862(a)(1) of the Social Security Act ( 42 U.S.C. 1395y(a)(1) ) is amended— (1) by striking and at the end of subparagraph (O); (2) by adding and at the end of subparagraph (P); and (3) by adding at the end the following new subparagraph: (Q) in the case of germline mutation testing as defined in section 1861(nnn), which is performed more than once with respect to an individual described in such section;.", "id": "H9B1D7753A5CB4726AEC58E79A5ED4DC7", "header": "Frequency", "nested": [], "links": [ { "text": "42 U.S.C. 1395y(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395y" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to testing furnished on or after the date of the enactment of this Act.", "id": "H8B0298B995204AF294C37C9D32D4A3A5", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395x", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 1395y(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395y" } ] }, { "text": "3. Coverage of certain preventive surgeries \n(a) In general \nSection 1862 of the Social Security Act ( 42 U.S.C. 1395y ) is amended by adding at the end the following new subsection: (p) Coverage of certain risk-Reducing surgeries \nIn the case of an individual described in section 1861(s)(2)(JJ) for whom, based on evidence-based, clinical practice guidelines described in section 1861(nnn), surgery would reduce the risk of developing cancer, such risk-reducing surgery shall be considered reasonable and necessary for treatment of illness under subsection (a)(1)(A).. (b) Effective date \nThe amendment made by subsection (a) shall apply to items and services furnished on or after the date of the enactment of this Act.", "id": "H6431C5C452EF42BDA450800371C02460", "header": "Coverage of certain preventive surgeries", "nested": [ { "text": "(a) In general \nSection 1862 of the Social Security Act ( 42 U.S.C. 1395y ) is amended by adding at the end the following new subsection: (p) Coverage of certain risk-Reducing surgeries \nIn the case of an individual described in section 1861(s)(2)(JJ) for whom, based on evidence-based, clinical practice guidelines described in section 1861(nnn), surgery would reduce the risk of developing cancer, such risk-reducing surgery shall be considered reasonable and necessary for treatment of illness under subsection (a)(1)(A)..", "id": "H25F5ABC461A340E6853855407F1DA811", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395y", "legal-doc": "usc", "parsable-cite": "usc/42/1395y" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply to items and services furnished on or after the date of the enactment of this Act.", "id": "H9935DF4E1D5140E49C647D69C0A23DAD", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395y", "legal-doc": "usc", "parsable-cite": "usc/42/1395y" } ] }, { "text": "4. Coverage of evidence-based screenings for individuals with a hereditary cancer gene mutation \n(a) In general \nSection 1862 of the Social Security Act ( 42 U.S.C. 1395y ), as amended by section 3, is amended by adding at the end the following new subsection: (q) Coverage of evidence-Based screenings for individuals with a hereditary cancer gene mutation \nIn the case of an individual who is determined pursuant to genetic testing to have a hereditary cancer (germline) gene mutation, the Secretary shall increase any frequency limitations (or other limitations on coverage otherwise applicable under this title) for any evidence-based screenings furnished to such individual, to be in compliance with evidence-based, clinical practice guidelines described in section 1861(nnn), or as determined appropriate by the Secretary, but not less frequently than on an annual basis. For the purposes of this subsection, evidence-based screenings shall include screening mammography, breast screening MRI, colonoscopy, PSA testing, and any additional evidence-based screening modalities appropriate for high-risk individuals as recommended by such guidelines.. (b) Conforming amendment for screening mammography \nSection 1834(c)(2)(A) of the Social Security Act ( 42 U.S.C. 1395m(c)(2)(A) ) is amended, in the matter preceding clause (i), by striking subparagraph (B) and inserting subparagraph (B) and section 1862(q). (c) Effective date \nThe amendments made by this section shall apply to items and services furnished on or after the date of the enactment of this Act.", "id": "H376E5E26C6B8461F8624D55452A1E3F3", "header": "Coverage of evidence-based screenings for individuals with a hereditary cancer gene mutation", "nested": [ { "text": "(a) In general \nSection 1862 of the Social Security Act ( 42 U.S.C. 1395y ), as amended by section 3, is amended by adding at the end the following new subsection: (q) Coverage of evidence-Based screenings for individuals with a hereditary cancer gene mutation \nIn the case of an individual who is determined pursuant to genetic testing to have a hereditary cancer (germline) gene mutation, the Secretary shall increase any frequency limitations (or other limitations on coverage otherwise applicable under this title) for any evidence-based screenings furnished to such individual, to be in compliance with evidence-based, clinical practice guidelines described in section 1861(nnn), or as determined appropriate by the Secretary, but not less frequently than on an annual basis. For the purposes of this subsection, evidence-based screenings shall include screening mammography, breast screening MRI, colonoscopy, PSA testing, and any additional evidence-based screening modalities appropriate for high-risk individuals as recommended by such guidelines..", "id": "H3B68E2188931452A8AADB88F6C428FDA", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395y", "legal-doc": "usc", "parsable-cite": "usc/42/1395y" } ] }, { "text": "(b) Conforming amendment for screening mammography \nSection 1834(c)(2)(A) of the Social Security Act ( 42 U.S.C. 1395m(c)(2)(A) ) is amended, in the matter preceding clause (i), by striking subparagraph (B) and inserting subparagraph (B) and section 1862(q).", "id": "H1EF669F06E67436DAEA4DF33326F807C", "header": "Conforming amendment for screening mammography", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(c)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to items and services furnished on or after the date of the enactment of this Act.", "id": "H0A7FAFB45453434D8749180226200CFD", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395y", "legal-doc": "usc", "parsable-cite": "usc/42/1395y" }, { "text": "42 U.S.C. 1395m(c)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] } ]

[ "Cancer", "Genetics", "Health care coverage and access", "Health promotion and preventive care", "Hereditary and development disorders", "Medical tests and diagnostic methods", "Medicare" ]

[ { "text": "1. Lieutenant Colonel Alexander Jefferson Post Office \n(a) Designation \nThe facility of the United States Postal Service located at 155 South Main Street in Mount Clemens, Michigan, shall be known and designated as the Lieutenant Colonel Alexander Jefferson 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 Lieutenant Colonel Alexander Jefferson Post Office.", "id": "S1", "header": "Lieutenant Colonel Alexander Jefferson Post Office", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 155 South Main Street in Mount Clemens, Michigan, shall be known and designated as the Lieutenant Colonel Alexander Jefferson Post Office.", "id": "idE30646E5649146C9A9ABC15B273CA873", "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 Lieutenant Colonel Alexander Jefferson Post Office.", "id": "idA410721A7D874B86B903F414C85C5EF1", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Accelerating Kids’ Access to Care Act.", "id": "H1D80B154EFB44F8FA352B0D76F94AECC", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Streamlined enrollment process for eligible out-of-State providers under Medicaid and CHIP \n(a) In general \nSection 1902(kk) of the Social Security Act ( 42 U.S.C. 1396a(kk) ) is amended by adding at the end the following new paragraph: (10) Streamlined enrollment process for eligible out-of-State providers \n(A) In general \nThe State adopts and implements a process that enables an eligible out-of-State provider to enroll as a participating provider in the State plan (or a waiver of such plan) without the imposition of additional screening requirements by the State, unless the State has a standard agreement with other States governing coverage and payment for services furnished to Medicaid-eligible children with medically complex conditions that was developed in accordance with guidance issued by the Secretary under section 1945A. An eligible out-of-State provider that enrolls as a participating provider in the State plan (or a waiver of such plan) through such process shall be enrolled for a 5-year period unless the provider is terminated or excluded from participation during such period. (B) Definitions \nIn this paragraph: (i) Eligible out-of-State provider \nThe term eligible out-of-State provider means, with respect to a State, a provider— (I) that furnishes to a qualifying individual any item or service for which Federal financial assistance is available under the State plan (or a waiver of such plan); (II) that is located in any other State; (III) with respect to which the Secretary has determined (or, in the case of a provider for which no risk level determination has been made by the Secretary, the State agency administering or supervising the administration of the State plan (or a waiver of such plan) has determined) there is a limited risk of fraud, waste, and abuse for purposes of determining the level of screening to be conducted under section 1866(j)(2) (except that, if such State agency has designated a higher risk level for the provider than the Secretary, the State agency's designation shall apply); (IV) that has been screened under such section 1866(j)(2) and enrolled in the Medicare program under title XVIII, or screened under paragraph (1) of this subsection and enrolled in the State plan (or a waiver of such plan) in which such provider is located; and (V) that has not been excluded from participation in any Federal health care program pursuant to section 1128 or 1128A, excluded from participation in the State plan (or a waiver of such plan) pursuant to part 1002 of title 42, Code of Federal Regulations, or State law, or terminated from participating in a Federal health care program or the State plan (or a waiver of such plan) for a reason described in paragraph (8)(A) of this subsection. (ii) Qualifying individual \nThe term qualifying individual means, with respect to an eligible out-of-State provider, an individual under 21 years of age to whom the provider furnishes items and services for the treatment of a condition. (iii) State \nThe term State means 1 of the 50 States or the District of Columbia.. (b) Conforming amendments \n(1) Section 1902(a)(77) of the Social Security Act ( 42 U.S.C. 1396a(a)(77) ) is amended by inserting enrollment, after screening,. (2) The subsection heading for section 1902(kk) of such Act ( 42 U.S.C. 1396a(kk) )is amended by inserting Enrollment, after Screening,. (3) Section 2107(e)(1)(G) of such Act ( 42 U.S.C. 1397gg(e)(1)(G) ) is amended by inserting enrollment, after screening,. (c) Effective date \n(1) In general \nExcept as provided in paragraph (2), the amendments made by this section take effect on the date that is 2 years after the date of enactment of this Act. (2) Exception for State legislation \nIn the case of a State plan under Medicaid or a State child health plan under CHIP which the Secretary determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, such State plan or State child health plan shall not be regarded as failing to comply with the requirements of Medicaid or CHIP, respectively, solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.", "id": "id5741677EE5274BCB91D552BC51254996", "header": "Streamlined enrollment process for eligible out-of-State providers under Medicaid and CHIP", "nested": [ { "text": "(a) In general \nSection 1902(kk) of the Social Security Act ( 42 U.S.C. 1396a(kk) ) is amended by adding at the end the following new paragraph: (10) Streamlined enrollment process for eligible out-of-State providers \n(A) In general \nThe State adopts and implements a process that enables an eligible out-of-State provider to enroll as a participating provider in the State plan (or a waiver of such plan) without the imposition of additional screening requirements by the State, unless the State has a standard agreement with other States governing coverage and payment for services furnished to Medicaid-eligible children with medically complex conditions that was developed in accordance with guidance issued by the Secretary under section 1945A. An eligible out-of-State provider that enrolls as a participating provider in the State plan (or a waiver of such plan) through such process shall be enrolled for a 5-year period unless the provider is terminated or excluded from participation during such period. (B) Definitions \nIn this paragraph: (i) Eligible out-of-State provider \nThe term eligible out-of-State provider means, with respect to a State, a provider— (I) that furnishes to a qualifying individual any item or service for which Federal financial assistance is available under the State plan (or a waiver of such plan); (II) that is located in any other State; (III) with respect to which the Secretary has determined (or, in the case of a provider for which no risk level determination has been made by the Secretary, the State agency administering or supervising the administration of the State plan (or a waiver of such plan) has determined) there is a limited risk of fraud, waste, and abuse for purposes of determining the level of screening to be conducted under section 1866(j)(2) (except that, if such State agency has designated a higher risk level for the provider than the Secretary, the State agency's designation shall apply); (IV) that has been screened under such section 1866(j)(2) and enrolled in the Medicare program under title XVIII, or screened under paragraph (1) of this subsection and enrolled in the State plan (or a waiver of such plan) in which such provider is located; and (V) that has not been excluded from participation in any Federal health care program pursuant to section 1128 or 1128A, excluded from participation in the State plan (or a waiver of such plan) pursuant to part 1002 of title 42, Code of Federal Regulations, or State law, or terminated from participating in a Federal health care program or the State plan (or a waiver of such plan) for a reason described in paragraph (8)(A) of this subsection. (ii) Qualifying individual \nThe term qualifying individual means, with respect to an eligible out-of-State provider, an individual under 21 years of age to whom the provider furnishes items and services for the treatment of a condition. (iii) State \nThe term State means 1 of the 50 States or the District of Columbia..", "id": "id3C61AE1F6E9444B38882C89F25DCD1AF", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1396a(kk)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" } ] }, { "text": "(b) Conforming amendments \n(1) Section 1902(a)(77) of the Social Security Act ( 42 U.S.C. 1396a(a)(77) ) is amended by inserting enrollment, after screening,. (2) The subsection heading for section 1902(kk) of such Act ( 42 U.S.C. 1396a(kk) )is amended by inserting Enrollment, after Screening,. (3) Section 2107(e)(1)(G) of such Act ( 42 U.S.C. 1397gg(e)(1)(G) ) is amended by inserting enrollment, after screening,.", "id": "idD5509FECE5AD46B6BAC44335FA99F652", "header": "Conforming amendments", "nested": [], "links": [ { "text": "42 U.S.C. 1396a(a)(77)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1396a(kk)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1397gg(e)(1)(G)", "legal-doc": "usc", "parsable-cite": "usc/42/1397gg" } ] }, { "text": "(c) Effective date \n(1) In general \nExcept as provided in paragraph (2), the amendments made by this section take effect on the date that is 2 years after the date of enactment of this Act. (2) Exception for State legislation \nIn the case of a State plan under Medicaid or a State child health plan under CHIP which the Secretary determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, such State plan or State child health plan shall not be regarded as failing to comply with the requirements of Medicaid or CHIP, respectively, solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.", "id": "idF66976A4A371460E9D337E5E901E6FC8", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1396a(kk)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1396a(a)(77)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1396a(kk)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1397gg(e)(1)(G)", "legal-doc": "usc", "parsable-cite": "usc/42/1397gg" } ] } ]

[ "Child health", "Health care coverage and access", "Health programs administration and funding", "Medicaid", "State and local government operations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Medicare PBM Accountability Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Pharmacy benefit manager reporting requirements with respect to prescription drug plans and MA–PD plans \n(a) In general \n(1) Prescription drug plans \nSection 1860D–12 of the Social Security Act ( 42 U.S.C. 1395w–112 ) is amended by adding at the end the following new subsection: (h) Pharmacy benefit manager reporting requirements \nFor plan years beginning on or after January 1, 2026: (1) Agreements with pharmacy benefit managers \nEach contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor shall provide that any pharmacy benefit manager acting on behalf of such sponsor has a written agreement with the PDP sponsor under which the pharmacy benefit manager agrees to meet the following requirements: (A) Transparency regarding guarantees and cost performance evaluations \nThe pharmacy benefit manager shall— (i) define, interpret, and apply terms (such as generic drug, brand name drug (consistent with the definition of those terms under section 423.4 of title 42, Code of Federal Regulations, or a successor regulation), specialty drug, rebate, and discount) in a fully transparent and consistent manner for purposes of calculating or otherwise evaluating pharmacy benefit manager performance against pricing guarantees or similar cost performance measurements related to rebates, discounts, price concessions, or net costs; (ii) identify any drugs, claims, or price concessions excluded from any pricing guarantee or other cost performance calculation or evaluation in a clear and consistent manner; and (iii) where a pricing guarantee or other cost performance measure is based on a pricing benchmark other than the wholesale acquisition cost (as defined in section 1847A(c)(6)(B)) of a drug, calculate and provide a wholesale acquisition cost-based equivalent to the pricing guarantee or other cost performance measure in the contract. (B) Provision of information \n(i) In general \nNot later than July 1 of each year, the pharmacy benefit manager shall submit to the PDP sponsor, and to the Secretary upon request, a report, in accordance with this subparagraph, and shall make such report available to the sponsor at no cost to such sponsor in a machine-readable format and, as the Secretary may determine, other formats. Each such report shall include, with respect to such PDP sponsor and each plan offered by such sponsor, the following information with respect to the previous plan year: (I) A list of all drugs covered by the plan that were dispensed including, with respect to each such drug— (aa) the brand name, generic or non-proprietary name, and National Drug Code; (bb) the number of plan enrollees for whom the drug was dispensed, the total number of prescription claims for the drug (including original prescriptions and refills, counted as separate claims), and the total number of dosage units of the drug dispensed; (cc) the number of claims described in item (bb) that were dispensed using each type of dispensing channel, including retail, mail order, specialty pharmacy, or other types of pharmacies or providers as defined by the pharmacy benefit manager; (dd) the average wholesale acquisition cost, listed as cost per day’s supply, cost per dosage unit, and cost per typical course of treatment (as applicable); (ee) the average wholesale price for the drug, listed as cost per day’s supply, cost per dosage unit, and cost per typical course of treatment (as applicable); (ff) the total out-of-pocket spending by plan enrollees on such drug after application of any benefits under the plan, including plan enrollee spending through copayments, coinsurance, and deductibles; (gg) total rebates paid by the manufacturer on the drug as reported under the Detailed DIR Report (or any successor report) submitted by such sponsor to the Centers for Medicare & Medicaid Services; (hh) all other direct or indirect remuneration on the drug as reported under the Detailed DIR Report (or any successor report) submitted by such sponsor to the Centers for Medicare & Medicaid Services; (ii) the average pharmacy reimbursement amount charged to the plan for the drug by dispensing channel identified in item (cc); (jj) the average National Average Drug Acquisition Cost (NADAC) for retail community pharmacies; and (kk) total manufacturer-derived revenue, inclusive of bona fide service fees, retained by the pharmacy benefit manager and any affiliate of such pharmacy benefit manager attributable to the drug. (II) In the case of a pharmacy benefit manager that has an affiliate that is a retail, mail order, or specialty pharmacy, with respect to drugs covered by such plan that were dispensed, the following information: (aa) The percentage of total prescriptions that were dispensed by pharmacies that are an affiliate of the pharmacy benefit manager for each drug. (bb) The interquartile range of the total combined costs paid by the plan and plan enrollees, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply for each drug dispensed by pharmacies that are not with an affiliate of the pharmacy benefit manager and that are included in the pharmacy network of such plan. (cc) The interquartile range of the total combined costs paid by the plan and plan enrollees, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply for each drug dispensed by pharmacies that are an affiliate of the pharmacy benefit manager that are included in the pharmacy network of such plan. (dd) The lowest total combined cost paid by the plan and plan enrollees, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, for each drug that is available from any pharmacy included in the network of the plan. (ee) The difference between the average acquisition cost of the affiliate that initially acquires the drug and the amount reported under subclause (I)(jj) for each drug. (ff) A list of prescription drugs for which the pharmacy benefit manager or an affiliate of the pharmacy benefit manager had a contract or other arrangement with a covered entity under section 340B of the Public Health Service Act in the service area of such plan. (III) Where a drug approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act (referred to in this subclause as the listed drug ) is covered by the plan, the following information: (aa) A list of currently marketed generic drugs approved under section 505(j) of the Federal Food, Drug, and Cosmetic Act pursuant to an application that references such listed drug that are not covered by the plan, are covered on a formulary tier typically associated with higher cost-sharing than the listed drug, or are subject to utilization management that the listed drug is not subject to. (bb) The estimated average beneficiary cost-sharing under the plan for a 30-day supply of the listed drug. (cc) The estimated average cost-sharing that a beneficiary would have paid for a 30-day supply of each of the generic drugs described in item (aa), had the plan provided coverage for such drugs on the same formulary tier as the listed drug. (dd) A written justification for providing more favorable coverage of the listed drug than the generic drugs described in item (aa). (IV) Where a reference product (as defined in section 351(i) of the Public Health Service Act) is covered by the plan, the following information: (aa) a list of currently marketed biosimilar biological products licensed under section 351(k) of the Public Health Service Act pursuant to an application that refers to such reference product that are not covered by the plan, are covered on a formulary tier typically associated with higher cost-sharing than the reference product, or are subject to utilization management that the reference product is not subject to. (bb) The estimated average beneficiary cost-sharing under the plan for a 30-day supply of the reference product. (cc) The estimated average cost-sharing that a beneficiary would have paid for a 30-day supply of each of the biosimilar biological products described in item (aa), had the plan provided coverage for such products on the same formulary tier as the reference product. (dd) A written justification for providing more favorable coverage of the reference product than the biosimilar biological product described in item (aa). (V) Total gross spending on prescription drugs by the plan, not net of rebates, fees, discounts, or other direct or indirect remuneration. (VI) The total amount retained by the pharmacy benefit manager or an affiliate of such pharmacy benefit manager in revenue related to utilization of prescription drugs under that plan, inclusive of bona fide service fees. (VII) The total spending on prescription drugs net of rebates, fees, discounts, or other direct and indirect remuneration by the plan. (VIII) An explanation of any benefit design parameters under such plan that encourage plan enrollees to fill prescriptions at pharmacies that are an affiliate of such pharmacy benefit manager, such as mail and specialty home delivery programs, and retail and mail auto-refill programs. (IX) A list of all brokers, consultants, advisors, and auditors that receive compensation from the pharmacy benefit manager or an affiliate of such pharmacy benefit manager for referrals, consulting, auditing, or other services offered to PDP sponsors related to pharmacy benefit management services. (X) A list of all pharmacies, wholesalers, distributors, private labelers, providers, group purchasing organizations, health plans, or any other entity that is an affiliate of the pharmacy benefit manager. (XI) A summary document submitted in a standardized template developed by the Secretary that includes such information described in subclauses (I) through (X). (ii) Standard formats \nNot later than June 1, 2025, the Secretary shall specify standard formats for pharmacy benefit managers to submit annual reports required under clause (i). (iii) Confidentiality \n(I) In general \nInformation disclosed by a pharmacy benefit manager or PDP sponsor under this subsection that is not otherwise publicly available shall not be disclosed by the Secretary or a PDP sponsor receiving the information, except that the Secretary may disclose the information for the following purposes: (aa) As the Secretary determines to be necessary to carry out this part. (bb) To permit the Comptroller General to review the information provided. (cc) To permit the Director of the Congressional Budget Office to review the information provided. (dd) To permit the Executive Director of the Medicare Payment Advisory Commission to review the information provided. (ee) To the Attorney General for the purposes of conducting oversight and enforcement under this title. (II) Restriction on use of information \nThe Secretary, the Comptroller General, the Director of the Congressional Budget Office, and the Executive Director of the Medicare Payment Advisory Commission shall not report on or disclose information disclosed pursuant to subclause (I) to the public in a manner that would identify a specific pharmacy benefit manager, affiliate, PDP sponsor, or plan, or prices charged for specific drugs. (C) Audit rights \n(i) In general \nNot less than once a year, at the request of the PDP sponsor, the pharmacy benefit manager shall allow for an audit of the pharmacy benefit manager to ensure compliance with all terms and conditions under the contract and the accuracy of information reported under subparagraph (B). (ii) Auditor \nThe PDP sponsor shall have the right to select an auditor. The pharmacy benefit manager shall not impose any limitations on the selection of such auditor. (iii) Provision of information \nThe pharmacy benefit manager shall make available to such auditor all records, data, contracts, and other information necessary to confirm the accuracy of information provided under subparagraph (B), subject to reasonable restrictions on how such information must be reported (as determined by the Secretary) to prevent redisclosure of such information. (iv) Timing \nThe pharmacy benefit manager must provide information under clause (iii) and other information, data, and records relevant to the audit to such auditor within 6 months of the initiation of the audit and respond to requests for additional information from such auditor within 30 days after the request for additional information. (v) Information from affiliates \nThe pharmacy benefit manager shall be responsible for providing to such auditor information required to be reported under subparagraph (B) that is owned or held by an affiliate of such pharmacy benefit manager. (D) Enforcement \nThe pharmacy benefit manager shall— (i) reimburse the PDP sponsor for any civil money penalty imposed on the PDP sponsor as a result of the failure of the pharmacy benefit manager to meet the requirements of this paragraph that are applicable to the pharmacy benefit manager under the agreement; and (ii) be subject to punitive remedies for breach of contract for failure to comply with the requirements applicable under this paragraph. (2) Certification of compliance \nEach PDP sponsor shall furnish to the Secretary (in a time and manner specified by the Secretary) an annual certification of compliance with this subsection, as well as such information as the Secretary determines necessary to carry out this subsection. (3) Definitions \nFor purposes of this subsection: (A) Affiliate \nThe term affiliate means any entity that is owned by, controlled by, or related under a common ownership structure with a pharmacy benefit manager (including an entity owned or controlled by the PDP sponsor) or that acts as a contractor or agent to such pharmacy benefit manager, insofar as such contractor or agent performs any of the functions described under subparagraph (B). (B) Pharmacy benefit manager \nThe term pharmacy benefit manager means any person or entity that, either directly or through an intermediary, acts as a price negotiator or group purchaser on behalf of a PDP sponsor or prescription drug plan, or manages the prescription drug benefits provided by such sponsor or plan, including 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 part D drugs, or the provision of services related thereto. Such term includes any person or entity that carries out one or more of the activities described in the preceding sentence, irrespective of whether such person or entity calls itself a pharmacy benefit manager.. (2) MA–PD plans \nSection 1857(f)(3) of the Social Security Act ( 42 U.S.C. 1395w–27(f)(3) ) is amended by adding at the end the following new subparagraph: (F) Pharmacy benefit manager reporting requirements \nFor plan years beginning on or after January 1, 2026, section 1860D–12(h).. (b) GAO study and report on certain reporting requirements \n(1) Study \nThe Comptroller General of the United States (in this subsection referred to as the Comptroller General ) shall conduct a study on Federal and State reporting requirements for health plans and pharmacy benefit managers related to the transparency of prescription drug costs and prices. Such study shall include an analysis of the following: (A) Federal statutory and regulatory reporting requirements for health plans and pharmacy benefit managers related to prescription drug costs and prices. (B) State statutory and regulatory reporting requirements for health plans and pharmacy benefit managers related to prescription drug costs and prices. (C) The extent to which the statutory and regulatory reporting requirements identified in clauses (i) and (ii) overlap and conflict. (D) The resources required by health plans and pharmacy benefit managers to comply with the reporting requirements described in clauses (i) and (ii). (E) Other items determined appropriate by the Comptroller General. (2) Report \nNot later than 2 years after enactment, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for legislation and administrative actions that would streamline and reduce the burden associated with the reporting requirements for health plans and pharmacy benefit managers described in paragraph (1).", "id": "idd37852d3c35848c681ec9db13acdfed1", "header": "Pharmacy benefit manager reporting requirements with respect to prescription drug plans and MA–PD plans", "nested": [ { "text": "(a) In general \n(1) Prescription drug plans \nSection 1860D–12 of the Social Security Act ( 42 U.S.C. 1395w–112 ) is amended by adding at the end the following new subsection: (h) Pharmacy benefit manager reporting requirements \nFor plan years beginning on or after January 1, 2026: (1) Agreements with pharmacy benefit managers \nEach contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor shall provide that any pharmacy benefit manager acting on behalf of such sponsor has a written agreement with the PDP sponsor under which the pharmacy benefit manager agrees to meet the following requirements: (A) Transparency regarding guarantees and cost performance evaluations \nThe pharmacy benefit manager shall— (i) define, interpret, and apply terms (such as generic drug, brand name drug (consistent with the definition of those terms under section 423.4 of title 42, Code of Federal Regulations, or a successor regulation), specialty drug, rebate, and discount) in a fully transparent and consistent manner for purposes of calculating or otherwise evaluating pharmacy benefit manager performance against pricing guarantees or similar cost performance measurements related to rebates, discounts, price concessions, or net costs; (ii) identify any drugs, claims, or price concessions excluded from any pricing guarantee or other cost performance calculation or evaluation in a clear and consistent manner; and (iii) where a pricing guarantee or other cost performance measure is based on a pricing benchmark other than the wholesale acquisition cost (as defined in section 1847A(c)(6)(B)) of a drug, calculate and provide a wholesale acquisition cost-based equivalent to the pricing guarantee or other cost performance measure in the contract. (B) Provision of information \n(i) In general \nNot later than July 1 of each year, the pharmacy benefit manager shall submit to the PDP sponsor, and to the Secretary upon request, a report, in accordance with this subparagraph, and shall make such report available to the sponsor at no cost to such sponsor in a machine-readable format and, as the Secretary may determine, other formats. Each such report shall include, with respect to such PDP sponsor and each plan offered by such sponsor, the following information with respect to the previous plan year: (I) A list of all drugs covered by the plan that were dispensed including, with respect to each such drug— (aa) the brand name, generic or non-proprietary name, and National Drug Code; (bb) the number of plan enrollees for whom the drug was dispensed, the total number of prescription claims for the drug (including original prescriptions and refills, counted as separate claims), and the total number of dosage units of the drug dispensed; (cc) the number of claims described in item (bb) that were dispensed using each type of dispensing channel, including retail, mail order, specialty pharmacy, or other types of pharmacies or providers as defined by the pharmacy benefit manager; (dd) the average wholesale acquisition cost, listed as cost per day’s supply, cost per dosage unit, and cost per typical course of treatment (as applicable); (ee) the average wholesale price for the drug, listed as cost per day’s supply, cost per dosage unit, and cost per typical course of treatment (as applicable); (ff) the total out-of-pocket spending by plan enrollees on such drug after application of any benefits under the plan, including plan enrollee spending through copayments, coinsurance, and deductibles; (gg) total rebates paid by the manufacturer on the drug as reported under the Detailed DIR Report (or any successor report) submitted by such sponsor to the Centers for Medicare & Medicaid Services; (hh) all other direct or indirect remuneration on the drug as reported under the Detailed DIR Report (or any successor report) submitted by such sponsor to the Centers for Medicare & Medicaid Services; (ii) the average pharmacy reimbursement amount charged to the plan for the drug by dispensing channel identified in item (cc); (jj) the average National Average Drug Acquisition Cost (NADAC) for retail community pharmacies; and (kk) total manufacturer-derived revenue, inclusive of bona fide service fees, retained by the pharmacy benefit manager and any affiliate of such pharmacy benefit manager attributable to the drug. (II) In the case of a pharmacy benefit manager that has an affiliate that is a retail, mail order, or specialty pharmacy, with respect to drugs covered by such plan that were dispensed, the following information: (aa) The percentage of total prescriptions that were dispensed by pharmacies that are an affiliate of the pharmacy benefit manager for each drug. (bb) The interquartile range of the total combined costs paid by the plan and plan enrollees, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply for each drug dispensed by pharmacies that are not with an affiliate of the pharmacy benefit manager and that are included in the pharmacy network of such plan. (cc) The interquartile range of the total combined costs paid by the plan and plan enrollees, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply for each drug dispensed by pharmacies that are an affiliate of the pharmacy benefit manager that are included in the pharmacy network of such plan. (dd) The lowest total combined cost paid by the plan and plan enrollees, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, for each drug that is available from any pharmacy included in the network of the plan. (ee) The difference between the average acquisition cost of the affiliate that initially acquires the drug and the amount reported under subclause (I)(jj) for each drug. (ff) A list of prescription drugs for which the pharmacy benefit manager or an affiliate of the pharmacy benefit manager had a contract or other arrangement with a covered entity under section 340B of the Public Health Service Act in the service area of such plan. (III) Where a drug approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act (referred to in this subclause as the listed drug ) is covered by the plan, the following information: (aa) A list of currently marketed generic drugs approved under section 505(j) of the Federal Food, Drug, and Cosmetic Act pursuant to an application that references such listed drug that are not covered by the plan, are covered on a formulary tier typically associated with higher cost-sharing than the listed drug, or are subject to utilization management that the listed drug is not subject to. (bb) The estimated average beneficiary cost-sharing under the plan for a 30-day supply of the listed drug. (cc) The estimated average cost-sharing that a beneficiary would have paid for a 30-day supply of each of the generic drugs described in item (aa), had the plan provided coverage for such drugs on the same formulary tier as the listed drug. (dd) A written justification for providing more favorable coverage of the listed drug than the generic drugs described in item (aa). (IV) Where a reference product (as defined in section 351(i) of the Public Health Service Act) is covered by the plan, the following information: (aa) a list of currently marketed biosimilar biological products licensed under section 351(k) of the Public Health Service Act pursuant to an application that refers to such reference product that are not covered by the plan, are covered on a formulary tier typically associated with higher cost-sharing than the reference product, or are subject to utilization management that the reference product is not subject to. (bb) The estimated average beneficiary cost-sharing under the plan for a 30-day supply of the reference product. (cc) The estimated average cost-sharing that a beneficiary would have paid for a 30-day supply of each of the biosimilar biological products described in item (aa), had the plan provided coverage for such products on the same formulary tier as the reference product. (dd) A written justification for providing more favorable coverage of the reference product than the biosimilar biological product described in item (aa). (V) Total gross spending on prescription drugs by the plan, not net of rebates, fees, discounts, or other direct or indirect remuneration. (VI) The total amount retained by the pharmacy benefit manager or an affiliate of such pharmacy benefit manager in revenue related to utilization of prescription drugs under that plan, inclusive of bona fide service fees. (VII) The total spending on prescription drugs net of rebates, fees, discounts, or other direct and indirect remuneration by the plan. (VIII) An explanation of any benefit design parameters under such plan that encourage plan enrollees to fill prescriptions at pharmacies that are an affiliate of such pharmacy benefit manager, such as mail and specialty home delivery programs, and retail and mail auto-refill programs. (IX) A list of all brokers, consultants, advisors, and auditors that receive compensation from the pharmacy benefit manager or an affiliate of such pharmacy benefit manager for referrals, consulting, auditing, or other services offered to PDP sponsors related to pharmacy benefit management services. (X) A list of all pharmacies, wholesalers, distributors, private labelers, providers, group purchasing organizations, health plans, or any other entity that is an affiliate of the pharmacy benefit manager. (XI) A summary document submitted in a standardized template developed by the Secretary that includes such information described in subclauses (I) through (X). (ii) Standard formats \nNot later than June 1, 2025, the Secretary shall specify standard formats for pharmacy benefit managers to submit annual reports required under clause (i). (iii) Confidentiality \n(I) In general \nInformation disclosed by a pharmacy benefit manager or PDP sponsor under this subsection that is not otherwise publicly available shall not be disclosed by the Secretary or a PDP sponsor receiving the information, except that the Secretary may disclose the information for the following purposes: (aa) As the Secretary determines to be necessary to carry out this part. (bb) To permit the Comptroller General to review the information provided. (cc) To permit the Director of the Congressional Budget Office to review the information provided. (dd) To permit the Executive Director of the Medicare Payment Advisory Commission to review the information provided. (ee) To the Attorney General for the purposes of conducting oversight and enforcement under this title. (II) Restriction on use of information \nThe Secretary, the Comptroller General, the Director of the Congressional Budget Office, and the Executive Director of the Medicare Payment Advisory Commission shall not report on or disclose information disclosed pursuant to subclause (I) to the public in a manner that would identify a specific pharmacy benefit manager, affiliate, PDP sponsor, or plan, or prices charged for specific drugs. (C) Audit rights \n(i) In general \nNot less than once a year, at the request of the PDP sponsor, the pharmacy benefit manager shall allow for an audit of the pharmacy benefit manager to ensure compliance with all terms and conditions under the contract and the accuracy of information reported under subparagraph (B). (ii) Auditor \nThe PDP sponsor shall have the right to select an auditor. The pharmacy benefit manager shall not impose any limitations on the selection of such auditor. (iii) Provision of information \nThe pharmacy benefit manager shall make available to such auditor all records, data, contracts, and other information necessary to confirm the accuracy of information provided under subparagraph (B), subject to reasonable restrictions on how such information must be reported (as determined by the Secretary) to prevent redisclosure of such information. (iv) Timing \nThe pharmacy benefit manager must provide information under clause (iii) and other information, data, and records relevant to the audit to such auditor within 6 months of the initiation of the audit and respond to requests for additional information from such auditor within 30 days after the request for additional information. (v) Information from affiliates \nThe pharmacy benefit manager shall be responsible for providing to such auditor information required to be reported under subparagraph (B) that is owned or held by an affiliate of such pharmacy benefit manager. (D) Enforcement \nThe pharmacy benefit manager shall— (i) reimburse the PDP sponsor for any civil money penalty imposed on the PDP sponsor as a result of the failure of the pharmacy benefit manager to meet the requirements of this paragraph that are applicable to the pharmacy benefit manager under the agreement; and (ii) be subject to punitive remedies for breach of contract for failure to comply with the requirements applicable under this paragraph. (2) Certification of compliance \nEach PDP sponsor shall furnish to the Secretary (in a time and manner specified by the Secretary) an annual certification of compliance with this subsection, as well as such information as the Secretary determines necessary to carry out this subsection. (3) Definitions \nFor purposes of this subsection: (A) Affiliate \nThe term affiliate means any entity that is owned by, controlled by, or related under a common ownership structure with a pharmacy benefit manager (including an entity owned or controlled by the PDP sponsor) or that acts as a contractor or agent to such pharmacy benefit manager, insofar as such contractor or agent performs any of the functions described under subparagraph (B). (B) Pharmacy benefit manager \nThe term pharmacy benefit manager means any person or entity that, either directly or through an intermediary, acts as a price negotiator or group purchaser on behalf of a PDP sponsor or prescription drug plan, or manages the prescription drug benefits provided by such sponsor or plan, including 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 part D drugs, or the provision of services related thereto. Such term includes any person or entity that carries out one or more of the activities described in the preceding sentence, irrespective of whether such person or entity calls itself a pharmacy benefit manager.. (2) MA–PD plans \nSection 1857(f)(3) of the Social Security Act ( 42 U.S.C. 1395w–27(f)(3) ) is amended by adding at the end the following new subparagraph: (F) Pharmacy benefit manager reporting requirements \nFor plan years beginning on or after January 1, 2026, section 1860D–12(h)..", "id": "idea79894abf5f4cf4b2ab2f77f8fe8e4e", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–112", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-112" }, { "text": "42 U.S.C. 1395w–27(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-27" } ] }, { "text": "(b) GAO study and report on certain reporting requirements \n(1) Study \nThe Comptroller General of the United States (in this subsection referred to as the Comptroller General ) shall conduct a study on Federal and State reporting requirements for health plans and pharmacy benefit managers related to the transparency of prescription drug costs and prices. Such study shall include an analysis of the following: (A) Federal statutory and regulatory reporting requirements for health plans and pharmacy benefit managers related to prescription drug costs and prices. (B) State statutory and regulatory reporting requirements for health plans and pharmacy benefit managers related to prescription drug costs and prices. (C) The extent to which the statutory and regulatory reporting requirements identified in clauses (i) and (ii) overlap and conflict. (D) The resources required by health plans and pharmacy benefit managers to comply with the reporting requirements described in clauses (i) and (ii). (E) Other items determined appropriate by the Comptroller General. (2) Report \nNot later than 2 years after enactment, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for legislation and administrative actions that would streamline and reduce the burden associated with the reporting requirements for health plans and pharmacy benefit managers described in paragraph (1).", "id": "id696869d8307d4451a03f55790ca6dc21", "header": "GAO study and report on certain reporting requirements", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395w–112", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-112" }, { "text": "42 U.S.C. 1395w–27(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-27" } ] } ]

[ "Accounting and auditing", "Congressional oversight", "Contracts and agency", "Drug safety, medical device, and laboratory regulation", "Government information and archives", "Government studies and investigations", "Health care costs and insurance", "Prescription drugs", "Retail and wholesale trades" ]

[ { "text": "1. Short title \nThis Act may be cited as the Licensing Individual Commercial Exam-takers Now Safely and Efficiently Act of 2023 or the LICENSE Act of 2023.", "id": "HF6D7B1509C7D4D1BB65333A1D80F8E5B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Modifications to certain commercial driver’s license regulations \nNot later than 90 days after the date of enactment of this Act, the Secretary of Transportation, acting through the Administrator of the Federal Motor Carrier Safety Administration, shall— (1) revise section 384.228 of title 49, Code of Federal Regulations (or a successor regulation), to allow a State or third-party examiner to administer a commercial driver’s license knowledge test if the examiner— (A) maintains a valid commercial driver’s license test examiner certification; (B) completes a commercial driver’s license skills test examiner training course that meets the requirements of subsection (d) of that section; and (C) completes 1 unit of instruction described in subsection (c)(3) of that section; and (2) revise section 383.79 of title 49, Code of Federal Regulations (or a successor regulation), to allow a State to administer a driving skills test to any commercial driver’s license applicant, regardless of the State of domicile of the applicant or where the applicant received driver training.", "id": "HF297E61EED394433934B3487B9590505", "header": "Modifications to certain commercial driver’s license regulations", "nested": [], "links": [] } ]

[ "Administrative law and regulatory procedures", "Department of Transportation", "Employment and training programs", "Licensing and registrations", "Motor carriers" ]

[ { "text": "1. Short title \nThis Act may be cited as the Supercomputing for Safer Chemicals Act or the SUPERSAFE Act.", "id": "idB3662BFBF88244EA83EC99A5B57AC111", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Supercomputing for Safer Chemicals (SUPERSAFE) consortium \n(a) Establishment \n(1) In general \nThe Administrator of the Environmental Protection Agency (referred to in this section as the Administrator ), in consultation with the heads of relevant Federal agencies (including the Secretary of Health and Human Services and the Secretary of Energy), shall form a consortium, to be known as the Supercomputing for Safer Chemicals (SUPERSAFE) Consortium (referred to in this section as the Consortium ). The Consortium shall include the National Laboratories of the Department of Energy, academic and other research institutions, and other entities, as determined by the Administrator, to carry out the activities described in subsection (b). (2) Inclusion of State agencies \nThe Administrator shall allow the head of a relevant State agency to join the Consortium on request of the State agency. (b) Consortium activities \n(1) In general \nThe Consortium shall use supercomputing, machine learning, and other similar capabilities— (A) to establish rapid approaches for large-scale identification of toxic substances and the development of safer alternatives to toxic substances by developing and validating computational toxicology methods based on unique high-performance computing, artificial intelligence, machine learning, and precision measurements; (B) to address the need to identify safe chemicals for use in consumer and industrial products and in their manufacture to support the move away from toxic substances and toward safe-by-design alternatives; and (C) to make recommendations on how the information produced can be applied in risk assessments and other characterizations for use by the Environmental Protection Agency and other agencies in regulatory decisions, and by industry in identifying toxic and safer chemicals. (2) Models \nIn carrying out paragraph (1), the Consortium— (A) shall use supercomputers and other virtual tools to develop, validate, and run models to predict adverse health effects caused by toxic substances and to identify safe chemicals for use in products and manufacturing; and (B) may utilize, as needed, appropriate biological test systems to test and evaluate approaches and improve their predictability and reliability in industrial and regulatory applications. (c) Public results \nThe Consortium shall make model predictions, along with supporting documentation, available to the public in an accessible format. (d) Authorization of appropriations \nThere is authorized to be appropriated to the Administrator to carry out this section— (1) for fiscal year 2023, $20,000,000; (2) for fiscal year 2024, $30,000,000; and (3) for each of fiscal years 2025 through 2027, $35,000,000.", "id": "id32120A3B88894C0483E35C39C1718AB8", "header": "Supercomputing for Safer Chemicals (SUPERSAFE) consortium", "nested": [ { "text": "(a) Establishment \n(1) In general \nThe Administrator of the Environmental Protection Agency (referred to in this section as the Administrator ), in consultation with the heads of relevant Federal agencies (including the Secretary of Health and Human Services and the Secretary of Energy), shall form a consortium, to be known as the Supercomputing for Safer Chemicals (SUPERSAFE) Consortium (referred to in this section as the Consortium ). The Consortium shall include the National Laboratories of the Department of Energy, academic and other research institutions, and other entities, as determined by the Administrator, to carry out the activities described in subsection (b). (2) Inclusion of State agencies \nThe Administrator shall allow the head of a relevant State agency to join the Consortium on request of the State agency.", "id": "idD86309674CF7410EA6F39BC57781ED11", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Consortium activities \n(1) In general \nThe Consortium shall use supercomputing, machine learning, and other similar capabilities— (A) to establish rapid approaches for large-scale identification of toxic substances and the development of safer alternatives to toxic substances by developing and validating computational toxicology methods based on unique high-performance computing, artificial intelligence, machine learning, and precision measurements; (B) to address the need to identify safe chemicals for use in consumer and industrial products and in their manufacture to support the move away from toxic substances and toward safe-by-design alternatives; and (C) to make recommendations on how the information produced can be applied in risk assessments and other characterizations for use by the Environmental Protection Agency and other agencies in regulatory decisions, and by industry in identifying toxic and safer chemicals. (2) Models \nIn carrying out paragraph (1), the Consortium— (A) shall use supercomputers and other virtual tools to develop, validate, and run models to predict adverse health effects caused by toxic substances and to identify safe chemicals for use in products and manufacturing; and (B) may utilize, as needed, appropriate biological test systems to test and evaluate approaches and improve their predictability and reliability in industrial and regulatory applications.", "id": "idD994BE47A76746BCA888E4A023D67A00", "header": "Consortium activities", "nested": [], "links": [] }, { "text": "(c) Public results \nThe Consortium shall make model predictions, along with supporting documentation, available to the public in an accessible format.", "id": "id353979E4E39B40D6AF34B9818A5DA6B6", "header": "Public results", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nThere is authorized to be appropriated to the Administrator to carry out this section— (1) for fiscal year 2023, $20,000,000; (2) for fiscal year 2024, $30,000,000; and (3) for each of fiscal years 2025 through 2027, $35,000,000.", "id": "id83ea8a91cd3f45b698a7ab932e85c763", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Advisory bodies", "Biological and life sciences", "Chemistry", "Computers and information technology", "Consumer affairs", "Government information and archives", "Hazardous wastes and toxic substances", "Health technology, devices, supplies" ]

[ { "text": "1. Short title \nThis Act may be cited as the Preparing and Resourcing Our Student Parents and Early Childhood Teachers Act or the PROSPECT Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings. TITLE I—Establishment of infant and toddler child care leadership grants Sec. 101. Purpose. Sec. 102. Definitions. Sec. 103. Authorization of appropriations. Subtitle A—General provisions Sec. 111. Program authorized. Sec. 112. Application; selection criteria. Sec. 113. Amount, duration, and administration of grants. Subtitle B—Planning and implementation grants Sec. 121. Grants authorized. Sec. 122. Planning grants. Sec. 123. Access grants providing infant and toddler child care for community college or minority-serving institution student parents. Sec. 124. Impact grants. Sec. 125. Pipeline grants. Sec. 126. Evaluation criteria for grants. Sec. 127. Report to Congress. Sec. 128. Nondiscrimination in programs and activities. TITLE II—Child Care and Development Block Grant Program Sec. 201. Eligibility. Sec. 202. Conforming amendments. Sec. 203. Increased Federal matching payments for child care. TITLE III—Outreach regarding the dependent care allowance for Federal student aid Sec. 301. Sharing dependent care allowance information for Federal student aid.", "id": "idD95EB761D04344EB99FF96515860FAF2", "header": "Table of contents", "nested": [], "links": [] }, { "text": "3. Findings \nCongress finds the following: (1) A child’s brain grows at a faster rate between birth and age 3 than at any later point in the child's lifetime. (2) Decades of research shows that children under age 3 that receive quality child care are more likely to have the behavioral, cognitive, and language skills development necessary for success in school, college, and life. (3) According to a 2018 survey, 83 percent of parents with a child under age 5 responded that finding quality, affordable child care was a serious problem in their area. (4) In 2017, on average, center-based child care for an infant cost 61 percent more than for a preschooler, over $11,000 annually per child, and in 28 States, more than the cost of public college tuition. (5) In the 2015–2016 academic year, approximately 4,300,000 postsecondary education students were raising children while in college, and over half of those students had children preschool-aged or younger. (6) According to a 2016 survey, 95 percent of child care centers at 2-year and 4-year colleges across the United States had a waiting list, with the average list containing 82 children. (7) Student parents were 20 percent more likely to leave college without a degree than students without children. (8) The Child Care Access Means Parents in School Federal Grant program under subpart 7 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070e et seq. ) helps over 3,300 students at institutions of higher education afford child care each year, but this program impacts just 0.5 percent of the entire student parent population, and many institutions of higher education do not open their subsidized child care programs to children under age 3. (9) The share of community colleges and 4-year institutions of higher education with on-campus child care has been in decline. Community colleges saw a 10 percent decrease in the number of campuses with child care between 2002 and 2017. (10) Student parents are more likely to be enrolled at community colleges and minority-serving institutions than other institutions of higher education. Over a quarter of all community college students are parents, and in the 2015–2016 academic year, 40 percent of Black women attending college were parents, 3 times the rate for White male college students. (11) Community colleges and minority-serving institutions lead the higher education sector in educating infant and toddler child care providers, especially child care providers of color, so they are the optimal actors for driving quality infant and toddler child care access in their regions.", "id": "idD4FCF87F688F423E9F78651D7A4A18CE", "header": "Findings", "nested": [], "links": [ { "text": "20 U.S.C. 1070e et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1070e" } ] }, { "text": "101. Purpose \nThe purposes of this title are to expand access to infant and toddler child care for children of students at public community colleges and at minority-serving institutions and to grow, diversify, and strengthen the workforce pipeline of highly effective infant and toddler child care providers, especially in communities of color and infant and toddler child care deserts.", "id": "idD5B8652ECE5A4156A429FD66E968F8CC", "header": "Purpose", "nested": [], "links": [] }, { "text": "102. Definitions \nIn this title: (1) Community college \nThe term community college means a public institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), that provides an educational program of not less than 2 years that culminates in an associate degree and is acceptable for full credit toward a baccalaureate degree. (2) Community college or minority-serving institution student parent \nThe term community college or minority-serving institution student parent means an individual who— (A) is a parent or legal guardian of a child who qualifies for infant and toddler child care; and (B) is a full-time or part-time student at a community college or minority-serving institution participating in an eligible entity. (3) Culturally responsive teaching \nThe term culturally responsive teaching means teaching— (A) using the cultural characteristics, experiences, and perspectives of ethnically diverse students as conduits for teaching them more effectively; and (B) based on understanding the influences of race, culture, and ethnicity in teaching and learning and using the cultural experiences and contributions of different ethnic groups as instrumental tools for teaching academic and social knowledge and skills. (4) Drop-in \nThe term drop-in , when used with respect to child care— (A) means child care that— (i) does not require prescheduling a definite number of scheduled days or hours per week; or (ii) is short term, such as less than 5 hours per day; and (B) includes child care described in subparagraph (A) that requires parents to provide 24-hour notice before using the child care or provides child care subject to availability. (5) Dual language learner \nThe term dual language learner means a child who— (A) is acquiring 2 or more languages at the same time; or (B) is learning a second language while continuing to develop the child’s first language, including a child who may also be identified by a State or locality as bilingual or limited English proficient or as an English language learner, an English learner, or a child who speaks a language other than English. (6) Early childhood educator preparation program \nThe term early childhood educator preparation program means a postsecondary course of study that— (A) is designed to prepare individuals to teach in early childhood settings serving children between birth and age 5; and (B) leads to a degree (including an associate's, bachelor's, or graduate degree) or a State or nationally recognized credential enabling individuals to teach in early childhood settings, including a child development associate credential or a State teaching license. (7) Eligible entity \nThe term eligible entity means— (A) a community college; (B) a minority-serving institution; or (C) a consortium of 2 or more community colleges or minority-serving institutions. (8) Flex infant and toddler child care \nThe term flex infant and toddler child care means infant and toddler child care for which a child is registered to attend weekly, but for a total of less than five days per week. (9) High school \nThe term high school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (10) Infant and toddler child care \nThe term infant and toddler child care means child care for children who are under the age of 3 as of the first day of the academic year of the applicable community college or minority-serving institution. (11) Infant and toddler child care desert \nThe term infant and toddler child care desert means a community that the State or tribal entity involved determines has a low supply of quality, affordable infant and toddler child care. (12) Infant or toddler with a disability \nThe term infant or toddler with a disability has the meaning given the term in section 632 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1432 ). (13) Low-income \nThe term low-income means an individual from a family with an income at or below 150 percent of the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act) applicable to a family of the size involved. (14) Minority-serving institution \nThe term minority-serving institution means an institution described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (15) Nontraditional hours \nThe term nontraditional hours means— (A) the hours before 9 a.m. and after 4 p.m.; and (B) any hours during weekends, breaks during the academic year, and holidays. (16) On-campus \nThe term on-campus , when used with respect to a childcare center, means a childcare center that is located on the campus of a community college or minority-serving institution. (17) Secretary \nThe term Secretary means the Secretary of Education. (18) Service area \nThe term service area , when used with respect to an eligible entity, means the area served by the eligible entity. (19) State \nThe term State has the meaning given the term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ).", "id": "idA92A3E5D7BE24FB3BAF9949F97E0B8B7", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 1001(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 1432", "legal-doc": "usc", "parsable-cite": "usc/20/1432" }, { "text": "20 U.S.C. 1067q(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1067q" }, { "text": "20 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/20/1003" } ] }, { "text": "103. Authorization of appropriations \nThere is authorized to be appropriated to carry out this title a total of $9,000,000,000 for fiscal years 2021 through 2025.", "id": "idAED3885297AB4DEA8DAE19748C682C4B", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "111. Program authorized \n(a) In general \nFrom amounts made available under section 103, the Secretary shall award to eligible entities— (1) planning grants under section 122; (2) access grants under section 123, which will provide free high-quality child care for as many as 500,000 infants and toddlers who have a community college or minority-serving institution student parent, helping to reduce barriers that impact the ability of community college or minority-serving institution student parents attending community college or a minority-serving institution to graduate, and reducing their postgraduation debt; (3) impact grants under section 124, which will expand the supply and quality of child care in the community by providing training, mentorship, technical support, and expansion funding to new and existing child care providers in the service area of the eligible entity; and (4) pipeline grants under section 125, which will fund eligible entities to— (A) launch and expand early childhood educator preparation programs; and (B) form strategic partnerships with regional institutions to expand, diversify, and strengthen the workforce pipeline for infant and toddler care providers. (b) Administration \nIn administering this title, the Secretary shall— (1) consult with the Secretary of Health and Human Services with respect to all grants carried out under this Act; and (2) consult with the Administrator of the Small Business Administration with respect to impact grants carried out under section 124.", "id": "id4248b88f65864cc89956b0f924dff93d", "header": "Program authorized", "nested": [ { "text": "(a) In general \nFrom amounts made available under section 103, the Secretary shall award to eligible entities— (1) planning grants under section 122; (2) access grants under section 123, which will provide free high-quality child care for as many as 500,000 infants and toddlers who have a community college or minority-serving institution student parent, helping to reduce barriers that impact the ability of community college or minority-serving institution student parents attending community college or a minority-serving institution to graduate, and reducing their postgraduation debt; (3) impact grants under section 124, which will expand the supply and quality of child care in the community by providing training, mentorship, technical support, and expansion funding to new and existing child care providers in the service area of the eligible entity; and (4) pipeline grants under section 125, which will fund eligible entities to— (A) launch and expand early childhood educator preparation programs; and (B) form strategic partnerships with regional institutions to expand, diversify, and strengthen the workforce pipeline for infant and toddler care providers.", "id": "id5AAD2A169F39499090E2B41A8614F607", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Administration \nIn administering this title, the Secretary shall— (1) consult with the Secretary of Health and Human Services with respect to all grants carried out under this Act; and (2) consult with the Administrator of the Small Business Administration with respect to impact grants carried out under section 124.", "id": "idF94923851EBF47F9BA0232814231B146", "header": "Administration", "nested": [], "links": [] } ], "links": [] }, { "text": "112. Application; selection criteria \n(a) Application \n(1) In general \nAn eligible entity desiring a grant under subtitle B shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents \nAn application submitted under paragraph (1) shall include— (A) a landscape review on the need for infant and toddler child care within the current and prospective student populations of the eligible entity and in the broader service area of the eligible entity, with an emphasis on community college or minority-serving institution student parents in communities of color and low-income parents; (B) a landscape review of the infant and toddler care workforce within the service area of the eligible entity; (C) a high-level vision (which, in the case of an eligible entity desiring a planning grant under section 122, will be clarified and adjusted through the needs assessment and activities carried out under the grant) for how to leverage 1 or more access, impact, or pipeline grants under subtitle B to enhance access and quality in the infant and toddler child care landscape of the service area of the eligible entity; (D) a description of how the eligible entity will advance child development (including social and emotional development), family engagement, and culturally responsive and linguistically responsive pedagogy for infant and toddler child care within its child care center or early childhood education programs (as applicable), through professional development, required coursework, or targeted outreach and enrollment; (E) an assurance that the eligible entity will submit annual reports that document how funds were allocated and the impact of the grant; (F) a commitment that wages for child care staff at each on-campus child care center of a participating community college or minority-serving institution during the grant period shall be— (i) comparable to wages for elementary educators with similar credentials and experience in the State; and (ii) at a minimum, at a rate that is enough to provide a living wage for all child care staff; and (G) in the case of an impact, access, or pipeline grant under subtitle B, an assurance that the eligible entity will continue to convene and consult an infant and toddler care committee described in section 122(a)(1). (b) Selection criteria \n(1) In general \nThe Secretary shall award grants under subtitle B on a competitive basis, in accordance with the priorities described in paragraph (2), and in a manner that supports eligible entities that— (A) enroll a high percentage of students who are eligible for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) and who have children under age 3; (B) are located within or in the immediate vicinity of an infant and toddler child care desert; or (C) have a clear and compelling plan for— (i) in the case of a planning grant under section 122, carrying out the activities of the planning grant; (ii) in the case of an access grant under section 123, expanding access to free infant and toddler child care for community college or minority-serving institution student parents; (iii) in the case of an impact grant under section 124, expanding the supply and quality of child care in the community by providing training, mentorship, technical support, and startup funding, in collaboration with existing child care agencies and organizations; or (iv) in the case of a pipeline grant under section 125, growing and strengthening the workforce pipeline of highly effective infant and toddler child care providers, especially such providers serving infant and toddler child care deserts, by expanding early childhood education programs or upgrading an on-campus child care center into a lab school. (2) Priorities in awarding grants \nIn awarding grants under subtitle B, the Secretary shall, to the extent practicable based on the strength of the applications and the availability of appropriations— (A) first, ensure that not less than 80 percent of the funds appropriated for grants under subtitle B are awarded to eligible entities that are eligible institutions, as defined in section 312(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(b) ); (B) second, ensure that not less than 1 eligible entity in each State is awarded a grant; and (C) third, provide special consideration to applications described in paragraph (3). (3) Additional consideration and funding \nIn awarding grants under subtitle B and subject to paragraph (2), the Secretary shall provide special consideration, and may provide additional funding as needed, including funding to exceed the limits described in section 113(a), for— (A) applications for access grants under section 123 that will provide— (i) infant and toddler child care for children of all ages between birth and age 3; (ii) infant and toddler child care available during nontraditional hours; (iii) infant and toddler child care that has the supports and staffing needed for children who are dual language learners; (iv) infant and toddler child care that has the supports and staffing needed for children in need of trauma-informed care and infants and toddlers with disabilities, which may include providing training for infant and toddler child care staff to support the needs of infants and toddlers with disabilities or coordinating with service providers to deliver services under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 ; 1431 et seq.); and (v) child care and aftercare for children age 3 and older, especially for children that age out of the infant and toddler child care program supported under this title, and for siblings of children enrolled in campus-sponsored infant and toddler care; and (B) applications for pipeline grants under section 125 that propose to— (i) develop and teach courses on culturally responsive and linguistically responsive teaching in early childhood education; and (ii) develop and teach courses on supporting infants and toddlers with disabilities who are under age 3. (c) Prerequisites for access, impact, and pipeline grants \nAn eligible entity shall receive and timely complete all requirements of a planning grant under section 122 before receiving an access, impact, or pipeline grant under section 123, 124, or 125.", "id": "id211EF1A15D284C30BE93597D70A74FA6", "header": "Application; selection criteria", "nested": [ { "text": "(a) Application \n(1) In general \nAn eligible entity desiring a grant under subtitle B shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents \nAn application submitted under paragraph (1) shall include— (A) a landscape review on the need for infant and toddler child care within the current and prospective student populations of the eligible entity and in the broader service area of the eligible entity, with an emphasis on community college or minority-serving institution student parents in communities of color and low-income parents; (B) a landscape review of the infant and toddler care workforce within the service area of the eligible entity; (C) a high-level vision (which, in the case of an eligible entity desiring a planning grant under section 122, will be clarified and adjusted through the needs assessment and activities carried out under the grant) for how to leverage 1 or more access, impact, or pipeline grants under subtitle B to enhance access and quality in the infant and toddler child care landscape of the service area of the eligible entity; (D) a description of how the eligible entity will advance child development (including social and emotional development), family engagement, and culturally responsive and linguistically responsive pedagogy for infant and toddler child care within its child care center or early childhood education programs (as applicable), through professional development, required coursework, or targeted outreach and enrollment; (E) an assurance that the eligible entity will submit annual reports that document how funds were allocated and the impact of the grant; (F) a commitment that wages for child care staff at each on-campus child care center of a participating community college or minority-serving institution during the grant period shall be— (i) comparable to wages for elementary educators with similar credentials and experience in the State; and (ii) at a minimum, at a rate that is enough to provide a living wage for all child care staff; and (G) in the case of an impact, access, or pipeline grant under subtitle B, an assurance that the eligible entity will continue to convene and consult an infant and toddler care committee described in section 122(a)(1).", "id": "idEB9514743B2048E79F39E24C033851B5", "header": "Application", "nested": [], "links": [] }, { "text": "(b) Selection criteria \n(1) In general \nThe Secretary shall award grants under subtitle B on a competitive basis, in accordance with the priorities described in paragraph (2), and in a manner that supports eligible entities that— (A) enroll a high percentage of students who are eligible for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) and who have children under age 3; (B) are located within or in the immediate vicinity of an infant and toddler child care desert; or (C) have a clear and compelling plan for— (i) in the case of a planning grant under section 122, carrying out the activities of the planning grant; (ii) in the case of an access grant under section 123, expanding access to free infant and toddler child care for community college or minority-serving institution student parents; (iii) in the case of an impact grant under section 124, expanding the supply and quality of child care in the community by providing training, mentorship, technical support, and startup funding, in collaboration with existing child care agencies and organizations; or (iv) in the case of a pipeline grant under section 125, growing and strengthening the workforce pipeline of highly effective infant and toddler child care providers, especially such providers serving infant and toddler child care deserts, by expanding early childhood education programs or upgrading an on-campus child care center into a lab school. (2) Priorities in awarding grants \nIn awarding grants under subtitle B, the Secretary shall, to the extent practicable based on the strength of the applications and the availability of appropriations— (A) first, ensure that not less than 80 percent of the funds appropriated for grants under subtitle B are awarded to eligible entities that are eligible institutions, as defined in section 312(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(b) ); (B) second, ensure that not less than 1 eligible entity in each State is awarded a grant; and (C) third, provide special consideration to applications described in paragraph (3). (3) Additional consideration and funding \nIn awarding grants under subtitle B and subject to paragraph (2), the Secretary shall provide special consideration, and may provide additional funding as needed, including funding to exceed the limits described in section 113(a), for— (A) applications for access grants under section 123 that will provide— (i) infant and toddler child care for children of all ages between birth and age 3; (ii) infant and toddler child care available during nontraditional hours; (iii) infant and toddler child care that has the supports and staffing needed for children who are dual language learners; (iv) infant and toddler child care that has the supports and staffing needed for children in need of trauma-informed care and infants and toddlers with disabilities, which may include providing training for infant and toddler child care staff to support the needs of infants and toddlers with disabilities or coordinating with service providers to deliver services under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 ; 1431 et seq.); and (v) child care and aftercare for children age 3 and older, especially for children that age out of the infant and toddler child care program supported under this title, and for siblings of children enrolled in campus-sponsored infant and toddler care; and (B) applications for pipeline grants under section 125 that propose to— (i) develop and teach courses on culturally responsive and linguistically responsive teaching in early childhood education; and (ii) develop and teach courses on supporting infants and toddlers with disabilities who are under age 3.", "id": "id8b9d16913ed14ff0b0f2862115d2b9b8", "header": "Selection criteria", "nested": [], "links": [ { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "20 U.S.C. 1058(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1058" }, { "text": "20 U.S.C. 1419", "legal-doc": "usc", "parsable-cite": "usc/20/1419" } ] }, { "text": "(c) Prerequisites for access, impact, and pipeline grants \nAn eligible entity shall receive and timely complete all requirements of a planning grant under section 122 before receiving an access, impact, or pipeline grant under section 123, 124, or 125.", "id": "id42172b97ac534572adf88af432b52fb5", "header": "Prerequisites for access, impact, and pipeline grants", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "20 U.S.C. 1058(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1058" }, { "text": "20 U.S.C. 1419", "legal-doc": "usc", "parsable-cite": "usc/20/1419" } ] }, { "text": "113. Amount, duration, and administration of grants \n(a) Amount of grants \nEach grant awarded under subtitle B to an eligible entity shall be in an amount of— (1) in the case of a grant awarded to an individual community college or minority-serving institution, not more than $20,000,000; and (2) in the case of a grant to a consortium of community colleges or minority-serving institutions, not more than $220,000,000. (b) Duration of grants \nA grant awarded under subtitle B shall be for a period of 4 years, except that a planning grant awarded under section 122 shall be for a period of 1 year. (c) Number of grants \n(1) Planning grants \nNo eligible entity shall receive more than 1 planning grant under section 122. (2) Impact, access, and pipeline grants \nAn eligible entity may receive multiple grants under sections 123, 124, and 125, including 2 or more grants under different sections for the same grant period or for overlapping grant periods. (d) Annual grant competitions \nThe Secretary shall conduct annual grant competitions for the grants under subtitle B. (e) Rule of construction \nNothing in this title shall be construed to limit any program or grant established under any other Federal law, including the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), or the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ).", "id": "idcaaa0badd897476bab0ffef4598af442", "header": "Amount, duration, and administration of grants", "nested": [ { "text": "(a) Amount of grants \nEach grant awarded under subtitle B to an eligible entity shall be in an amount of— (1) in the case of a grant awarded to an individual community college or minority-serving institution, not more than $20,000,000; and (2) in the case of a grant to a consortium of community colleges or minority-serving institutions, not more than $220,000,000.", "id": "id3c4a50e4d7904ced878d5fe3d14bba08", "header": "Amount of grants", "nested": [], "links": [] }, { "text": "(b) Duration of grants \nA grant awarded under subtitle B shall be for a period of 4 years, except that a planning grant awarded under section 122 shall be for a period of 1 year.", "id": "idda5ac20cccde4921b277463d36f8e498", "header": "Duration of grants", "nested": [], "links": [] }, { "text": "(c) Number of grants \n(1) Planning grants \nNo eligible entity shall receive more than 1 planning grant under section 122. (2) Impact, access, and pipeline grants \nAn eligible entity may receive multiple grants under sections 123, 124, and 125, including 2 or more grants under different sections for the same grant period or for overlapping grant periods.", "id": "id9efbf84bb4cc4012ac0750cc5f916283", "header": "Number of grants", "nested": [], "links": [] }, { "text": "(d) Annual grant competitions \nThe Secretary shall conduct annual grant competitions for the grants under subtitle B.", "id": "idbd9cee2f862f453fb16c13c728e6127b", "header": "Annual grant competitions", "nested": [], "links": [] }, { "text": "(e) Rule of construction \nNothing in this title shall be construed to limit any program or grant established under any other Federal law, including the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), or the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ).", "id": "id07ae4a67f6b34b098077df227d67b5d2", "header": "Rule of construction", "nested": [], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 6301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6301" }, { "text": "20 U.S.C. 1400 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1400" } ] } ], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 6301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6301" }, { "text": "20 U.S.C. 1400 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1400" } ] }, { "text": "121. Grants authorized \nFrom amounts made available under section 103, the Secretary shall award to eligible entities— (1) planning grants under section 122, to enable the eligible entities to assess the infant and toddler care needs of current and prospective community college or minority-serving institution student parents and the surrounding community and develop a detailed proposal to address such needs; (2) access grants under section 123, which will provide free high-quality child care for up to 500,000 children under the age of 3 of community college or minority-serving institution student parents, helping to reduce barriers that impact the ability of community college or minority-serving institution student parents to graduate, and reducing their postgraduation debt; (3) impact grants under section 124, which will expand the supply and quality of child care in the community by providing training, mentorship, technical support, and expansion funding to new and existing child care providers in the service area of the eligible entities; and (4) pipeline grants under section 125, which will fund eligible entities to— (A) launch and expand early childhood educator preparation programs; and (B) form strategic partnerships with regional institutions to expand, diversify, and strengthen the workforce pipeline for infant and toddler child care providers.", "id": "id3627ec3f21fa4c8c9f5f9cc04da67960", "header": "Grants authorized", "nested": [], "links": [] }, { "text": "122. Planning grants \n(a) Use of funds \nAn eligible entity receiving a grant under this section shall use grant funds to— (1) establish an infant and toddler child care committee that is reflective and inclusive of the community being served and composed of members who are— (A) student parents at the participating community college or minority-serving institution; (B) faculty of any participating community college or minority-serving institution; (C) representatives of a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) serving the service area of the eligible entity; (D) where applicable, a local public charter school provider; (E) representatives of a local child care resource and referral agency; and (F) infant and toddler child care professionals (such as representatives from a local Head Start or Early Head Start program, home-based infant and toddler child care providers, and child care providers with expertise working with infants or toddlers with disabilities); (2) conduct an infant and toddler child care needs assessment of current and prospective community college or minority-serving institution student parents, the infant and toddler child care workforce, and the service area of the eligible entity, that includes information on the level of need for— (A) infant and toddler child care during nontraditional hours; (B) 3-year-old child care, toddler care, and infant care; (C) care for infants and toddlers with disabilities; (D) care for children from households that speak a language other than English; and (E) child care in specific communities, especially infant and toddler child care deserts; (3) begin research, outreach, and planning for expanding access to free infant and toddler child care for community college or minority-serving institution student parents, which may include drafting a delivery agreement with infant and toddler child care providers in the community to provide infant and toddler child care to community college or minority-serving institution student parents; and (4) develop a detailed proposal, with a focus on the needs of parents of children under age 3, to address those needs, which may include applying for an impact, access, or pipeline grant under section 123, 124, or 125. (b) Reporting requirements \nNot later than 30 days after the end of a grant period under this section, the eligible entity that received the grant shall prepare and submit a report to the Secretary that includes— (1) the results of the needs assessment conducted under subsection (a)(2); (2) the detailed proposal developed under subsection (a)(4); and (3) in the case of an eligible entity that desires an impact, access, or pipeline grant under section 123, 124, or 125, an application for the grant.", "id": "idb4f3804a05da4d2ebc2534bb65812766", "header": "Planning grants", "nested": [ { "text": "(a) Use of funds \nAn eligible entity receiving a grant under this section shall use grant funds to— (1) establish an infant and toddler child care committee that is reflective and inclusive of the community being served and composed of members who are— (A) student parents at the participating community college or minority-serving institution; (B) faculty of any participating community college or minority-serving institution; (C) representatives of a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) serving the service area of the eligible entity; (D) where applicable, a local public charter school provider; (E) representatives of a local child care resource and referral agency; and (F) infant and toddler child care professionals (such as representatives from a local Head Start or Early Head Start program, home-based infant and toddler child care providers, and child care providers with expertise working with infants or toddlers with disabilities); (2) conduct an infant and toddler child care needs assessment of current and prospective community college or minority-serving institution student parents, the infant and toddler child care workforce, and the service area of the eligible entity, that includes information on the level of need for— (A) infant and toddler child care during nontraditional hours; (B) 3-year-old child care, toddler care, and infant care; (C) care for infants and toddlers with disabilities; (D) care for children from households that speak a language other than English; and (E) child care in specific communities, especially infant and toddler child care deserts; (3) begin research, outreach, and planning for expanding access to free infant and toddler child care for community college or minority-serving institution student parents, which may include drafting a delivery agreement with infant and toddler child care providers in the community to provide infant and toddler child care to community college or minority-serving institution student parents; and (4) develop a detailed proposal, with a focus on the needs of parents of children under age 3, to address those needs, which may include applying for an impact, access, or pipeline grant under section 123, 124, or 125.", "id": "id1c7d0471f8114615b7f080c960103bdd", "header": "Use of funds", "nested": [], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "(b) Reporting requirements \nNot later than 30 days after the end of a grant period under this section, the eligible entity that received the grant shall prepare and submit a report to the Secretary that includes— (1) the results of the needs assessment conducted under subsection (a)(2); (2) the detailed proposal developed under subsection (a)(4); and (3) in the case of an eligible entity that desires an impact, access, or pipeline grant under section 123, 124, or 125, an application for the grant.", "id": "id12b16f19f6e7459b92945b54d588e391", "header": "Reporting requirements", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "123. Access grants providing infant and toddler child care for community college or minority-serving institution student parents \n(a) Use of grants \nAn eligible entity receiving a grant under this section shall use grant funds to expand access to free infant and toddler child care for community college or minority-serving institution student parents by carrying out 1 or more of the following: (1) Paying the infant and toddler child care costs of community college or minority-serving institution student parents at an on-campus child care center, State licensed off-campus child care center, or State licensed or registered home-based child care provider. (2) (A) Operating an on-campus child care center that provides infant and toddler child care; or (B) contracting with a child care provider that is operating 1 or more child care centers (as of the date of the contract) to operate an on-campus child care center that provides infant and toddler child care. (3) Coordinating with local child care resource and referral agencies for services such as helping community college or minority-serving institution student parents find infant and toddler child care. (4) Expanding the resources for existing on-campus child care centers, as of the date of the application for the grant, by— (A) expanding the space of the center for infant and toddler child care; (B) purchasing equipment to be used for infant and toddler child care; or (C) hiring staff to accommodate additional children under the age of 3. (5) Lengthening the hours of an existing on-campus infant and toddler child care center or keeping the on-campus infant and toddler child care center open during breaks (including summer). (6) Establishing capacity for drop-in infant and toddler child care or flex infant and toddler child care for the children of community college or minority-serving institution student parents. (7) Renovating campus facilities to allow for the operation of an on-campus child care center that— (A) satisfies the standards that apply to alterations or (as applicable) new construction under title II or III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. , 12181 et seq.), as the case may be; and (B) (i) meets a high-quality standard, according to a State quality rating and improvement system or the standards applicable to an Early Head Start program under the Head Start Act ( 42 U.S.C. 9831 et seq. ); or (ii) is accredited through the National Association for the Education of Young Children or another organization of similar expertise, as determined by the Secretary. (b) Requirements of on-Campus child care centers \nIn order for an on-campus child care center of a community college or minority-serving institution participating in an eligible entity to be supported with funds from a grant under this section, the on-campus child care center shall meet the following requirements: (1) The child care center shall be licensed by the State and shall meet a high-quality standard described in subsection (a)(7)(B)(i) or be accredited in accordance with subsection (a)(7)(B)(ii). (2) Children of community college or minority-serving institution student parents shall receive priority enrollment in the child care center, with priority going first to low-income community college or minority-serving institution student parents, although dependents of faculty and staff of the community college or minority-serving institution and community members may be enrolled once the enrollment needs of all requesting community college or minority-serving institution student parents are fulfilled. (3) The child care center shall provide infant and toddler child care to children of community college or minority-serving institution student parents, without regard as to whether the parent is a full-time or part-time student. (4) Not less than 85 percent of the community college or minority-serving institution student parents using the on-campus child care center for infant and toddler child care shall be eligible to receive Federal Pell Grants under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ), except that the Secretary may grant a waiver from this requirement if the Secretary determines necessary. (5) The child care center shall provide drop-in infant and toddler child care for community college and minority-serving institution student parents and may not impose minimum enrollment requirements for children of community college or minority-serving institution student parents. The Secretary shall promulgate regulations that specify the percentage of infant and toddler child care slots that must be reserved for drop-in infant and toddler child care under this paragraph. (6) The child care center— (A) shall provide infant and toddler child care for children under the age of 3 (as of the first day of the academic year of the community college or minority-serving institution supporting the child care center) of community college and minority-serving institution student parents for free; (B) may charge faculty and staff of the community college or minority institution and community members fees, using a sliding scale based on family income, to enroll their children in the child care center; and (C) shall comply with the suspension and expulsion performance standard for Head Start programs under section 1302.17 of title 45, Code of Federal Regulations, or any successor standard. (7) (A) The child care center shall maintain a continuity of care for the children of parents who— (i) were community college or minority-serving institution student parents during any reasonable or unavoidable break in the parents' enrollment; or (ii) transferred from a community college to a 4-year minority-serving institution during the student's enrollment at the 4-year institution. (B) The child care center may charge a parent described in subparagraph (A) a fee for the child care services provided during the period when the parent is not enrolled in the community college or minority-serving institution, using a sliding scale based on family income during this period, as long as the fee does not exceed 7 percent of the family's income. (8) The child care center shall pay its child care staff a wage that— (A) is comparable to wages for elementary educators with similar credentials and experience in the State; and (B) at a minimum, provides a living wage for all child care staff of the child care center; and (9) The child care center, if not a child care provider covered by subsection (c) of section 658H of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858f ), shall comply with that section in the same manner and to the same extent as such a child care provider, with respect to background checks for child care staff members (including prospective child care staff members) for the center. (c) Consultation and reports \n(1) Consultation \nAn eligible entity receiving a grant under this section shall, for each year of the grant, consult with an infant and toddler child care committee described in section 122(a)(2) regarding the results of the grant and the contents of the annual report submitted to the Secretary. (2) Reports \nAn eligible entity receiving a grant under this section shall, for each year of the grant, prepare and submit a report to the Secretary that includes— (A) the number of community college or minority-serving institution student parents that received access to State licensed or registered child care because of the grant, in the aggregate and disaggregated by age, gender, race and ethnicity, family income, disability status, and full-time or part-time enrollment status in the community college or minority-serving institution; (B) the number of children under age 3 enrolled in each on-campus child care center supported under the grant, disaggregated by age, gender, disability status, marital status of parents, and race and ethnicity; (C) for each on-campus child care center supported under the grant, the number of suspensions of children enrolled in the child care center, in the aggregate and disaggregated by race and ethnicity, gender, and disability status; (D) the demographics, including race, ethnicity, and gender of the staff and leadership of all child care centers supported under the grant; (E) the most frequent times of the day and days of the week, and the average number of hours per week, that on-campus child care centers were used by community college or minority-serving institution student parents, and the child care hours per week provided to community college or minority-serving institution student parents, disaggregated by child care provided at nontraditional hours and traditional daytime, weekday child care; (F) semester-to-semester persistence and fall-to-fall persistence rates of community college or minority-serving institution student parents with children enrolled in infant and toddler child care sponsored by the community college or minority-serving institution, compared to the persistence rate of community college or minority-serving institution student parents with children under 3 who are not enrolled in community college or minority-serving institution sponsored child care— (i) collected in accordance with regulations promulgated by the Secretary; and (ii) in the aggregate and disaggregated as described in subparagraph (A) and by the age of the children of the community college or minority-serving institution students; (G) the degree or certificate completion rate of community college minority-serving institution student parents with children enrolled in child care that is sponsored by the community college or minority-serving institution and is not infant and toddler child care, in the aggregate and disaggregated as described in such subparagraph and by the age of the children of the community college or minority-serving institution student parents; and (H) if grant funds are used to renovate campus facilities under subsection (a)(7), proof of the on-campus child care center's compliance with the standards that apply to alterations or (as applicable) new construction under title II or III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. , 12181 et seq.), as the case may be. (3) Cross-tabulation \nIn each report submitted by an eligible entity under paragraph (2), the eligible entity shall also provide the information described in subparagraphs (A), (B), (C), and (F)(ii) of such paragraph cross-tabulated by, at a minimum, gender, disability status, and each major racial and ethnic group, which shall be presented in a manner that— (A) is first anonymized and does not reveal personally identifiable information about an individual community college or minority-serving institution student parent or child enrolled in the child care center; (B) does not include a number of individuals in any subgroup of community college or minority-serving institution student parents or children enrolled in the child care center that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual; and (C) is consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ). (d) Definition \nIn subsection (b)(9), the term child care staff member means an individual— (1) who is employed by a child care center covered by subsection (b) for compensation; or (2) whose activities involve the care or supervision of children for, or unsupervised access to children who are cared for or supervised by, such a child care center.", "id": "idca520353f8514890bf67b457d15e40f0", "header": "Access grants providing infant and toddler child care for community college or minority-serving institution student parents", "nested": [ { "text": "(a) Use of grants \nAn eligible entity receiving a grant under this section shall use grant funds to expand access to free infant and toddler child care for community college or minority-serving institution student parents by carrying out 1 or more of the following: (1) Paying the infant and toddler child care costs of community college or minority-serving institution student parents at an on-campus child care center, State licensed off-campus child care center, or State licensed or registered home-based child care provider. (2) (A) Operating an on-campus child care center that provides infant and toddler child care; or (B) contracting with a child care provider that is operating 1 or more child care centers (as of the date of the contract) to operate an on-campus child care center that provides infant and toddler child care. (3) Coordinating with local child care resource and referral agencies for services such as helping community college or minority-serving institution student parents find infant and toddler child care. (4) Expanding the resources for existing on-campus child care centers, as of the date of the application for the grant, by— (A) expanding the space of the center for infant and toddler child care; (B) purchasing equipment to be used for infant and toddler child care; or (C) hiring staff to accommodate additional children under the age of 3. (5) Lengthening the hours of an existing on-campus infant and toddler child care center or keeping the on-campus infant and toddler child care center open during breaks (including summer). (6) Establishing capacity for drop-in infant and toddler child care or flex infant and toddler child care for the children of community college or minority-serving institution student parents. (7) Renovating campus facilities to allow for the operation of an on-campus child care center that— (A) satisfies the standards that apply to alterations or (as applicable) new construction under title II or III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. , 12181 et seq.), as the case may be; and (B) (i) meets a high-quality standard, according to a State quality rating and improvement system or the standards applicable to an Early Head Start program under the Head Start Act ( 42 U.S.C. 9831 et seq. ); or (ii) is accredited through the National Association for the Education of Young Children or another organization of similar expertise, as determined by the Secretary.", "id": "id433e3ca8dbce40c2950e9f89ee7a1a1d", "header": "Use of grants", "nested": [], "links": [ { "text": "42 U.S.C. 12131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12131" }, { "text": "42 U.S.C. 9831 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9831" } ] }, { "text": "(b) Requirements of on-Campus child care centers \nIn order for an on-campus child care center of a community college or minority-serving institution participating in an eligible entity to be supported with funds from a grant under this section, the on-campus child care center shall meet the following requirements: (1) The child care center shall be licensed by the State and shall meet a high-quality standard described in subsection (a)(7)(B)(i) or be accredited in accordance with subsection (a)(7)(B)(ii). (2) Children of community college or minority-serving institution student parents shall receive priority enrollment in the child care center, with priority going first to low-income community college or minority-serving institution student parents, although dependents of faculty and staff of the community college or minority-serving institution and community members may be enrolled once the enrollment needs of all requesting community college or minority-serving institution student parents are fulfilled. (3) The child care center shall provide infant and toddler child care to children of community college or minority-serving institution student parents, without regard as to whether the parent is a full-time or part-time student. (4) Not less than 85 percent of the community college or minority-serving institution student parents using the on-campus child care center for infant and toddler child care shall be eligible to receive Federal Pell Grants under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ), except that the Secretary may grant a waiver from this requirement if the Secretary determines necessary. (5) The child care center shall provide drop-in infant and toddler child care for community college and minority-serving institution student parents and may not impose minimum enrollment requirements for children of community college or minority-serving institution student parents. The Secretary shall promulgate regulations that specify the percentage of infant and toddler child care slots that must be reserved for drop-in infant and toddler child care under this paragraph. (6) The child care center— (A) shall provide infant and toddler child care for children under the age of 3 (as of the first day of the academic year of the community college or minority-serving institution supporting the child care center) of community college and minority-serving institution student parents for free; (B) may charge faculty and staff of the community college or minority institution and community members fees, using a sliding scale based on family income, to enroll their children in the child care center; and (C) shall comply with the suspension and expulsion performance standard for Head Start programs under section 1302.17 of title 45, Code of Federal Regulations, or any successor standard. (7) (A) The child care center shall maintain a continuity of care for the children of parents who— (i) were community college or minority-serving institution student parents during any reasonable or unavoidable break in the parents' enrollment; or (ii) transferred from a community college to a 4-year minority-serving institution during the student's enrollment at the 4-year institution. (B) The child care center may charge a parent described in subparagraph (A) a fee for the child care services provided during the period when the parent is not enrolled in the community college or minority-serving institution, using a sliding scale based on family income during this period, as long as the fee does not exceed 7 percent of the family's income. (8) The child care center shall pay its child care staff a wage that— (A) is comparable to wages for elementary educators with similar credentials and experience in the State; and (B) at a minimum, provides a living wage for all child care staff of the child care center; and (9) The child care center, if not a child care provider covered by subsection (c) of section 658H of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858f ), shall comply with that section in the same manner and to the same extent as such a child care provider, with respect to background checks for child care staff members (including prospective child care staff members) for the center.", "id": "id3490645ab6314b65a62a3387c49f8a8c", "header": "Requirements of on-Campus child care centers", "nested": [], "links": [ { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "42 U.S.C. 9858f", "legal-doc": "usc", "parsable-cite": "usc/42/9858f" } ] }, { "text": "(c) Consultation and reports \n(1) Consultation \nAn eligible entity receiving a grant under this section shall, for each year of the grant, consult with an infant and toddler child care committee described in section 122(a)(2) regarding the results of the grant and the contents of the annual report submitted to the Secretary. (2) Reports \nAn eligible entity receiving a grant under this section shall, for each year of the grant, prepare and submit a report to the Secretary that includes— (A) the number of community college or minority-serving institution student parents that received access to State licensed or registered child care because of the grant, in the aggregate and disaggregated by age, gender, race and ethnicity, family income, disability status, and full-time or part-time enrollment status in the community college or minority-serving institution; (B) the number of children under age 3 enrolled in each on-campus child care center supported under the grant, disaggregated by age, gender, disability status, marital status of parents, and race and ethnicity; (C) for each on-campus child care center supported under the grant, the number of suspensions of children enrolled in the child care center, in the aggregate and disaggregated by race and ethnicity, gender, and disability status; (D) the demographics, including race, ethnicity, and gender of the staff and leadership of all child care centers supported under the grant; (E) the most frequent times of the day and days of the week, and the average number of hours per week, that on-campus child care centers were used by community college or minority-serving institution student parents, and the child care hours per week provided to community college or minority-serving institution student parents, disaggregated by child care provided at nontraditional hours and traditional daytime, weekday child care; (F) semester-to-semester persistence and fall-to-fall persistence rates of community college or minority-serving institution student parents with children enrolled in infant and toddler child care sponsored by the community college or minority-serving institution, compared to the persistence rate of community college or minority-serving institution student parents with children under 3 who are not enrolled in community college or minority-serving institution sponsored child care— (i) collected in accordance with regulations promulgated by the Secretary; and (ii) in the aggregate and disaggregated as described in subparagraph (A) and by the age of the children of the community college or minority-serving institution students; (G) the degree or certificate completion rate of community college minority-serving institution student parents with children enrolled in child care that is sponsored by the community college or minority-serving institution and is not infant and toddler child care, in the aggregate and disaggregated as described in such subparagraph and by the age of the children of the community college or minority-serving institution student parents; and (H) if grant funds are used to renovate campus facilities under subsection (a)(7), proof of the on-campus child care center's compliance with the standards that apply to alterations or (as applicable) new construction under title II or III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. , 12181 et seq.), as the case may be. (3) Cross-tabulation \nIn each report submitted by an eligible entity under paragraph (2), the eligible entity shall also provide the information described in subparagraphs (A), (B), (C), and (F)(ii) of such paragraph cross-tabulated by, at a minimum, gender, disability status, and each major racial and ethnic group, which shall be presented in a manner that— (A) is first anonymized and does not reveal personally identifiable information about an individual community college or minority-serving institution student parent or child enrolled in the child care center; (B) does not include a number of individuals in any subgroup of community college or minority-serving institution student parents or children enrolled in the child care center that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual; and (C) is consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ).", "id": "id6328625d142441d085456d49d533091f", "header": "Consultation and reports", "nested": [], "links": [ { "text": "42 U.S.C. 12131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12131" }, { "text": "20 U.S.C. 1232g", "legal-doc": "usc", "parsable-cite": "usc/20/1232g" } ] }, { "text": "(d) Definition \nIn subsection (b)(9), the term child care staff member means an individual— (1) who is employed by a child care center covered by subsection (b) for compensation; or (2) whose activities involve the care or supervision of children for, or unsupervised access to children who are cared for or supervised by, such a child care center.", "id": "id65B198C9C5EE413EB35596408C0D867E", "header": "Definition", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 12131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12131" }, { "text": "42 U.S.C. 9831 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9831" }, { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "42 U.S.C. 9858f", "legal-doc": "usc", "parsable-cite": "usc/42/9858f" }, { "text": "42 U.S.C. 12131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12131" }, { "text": "20 U.S.C. 1232g", "legal-doc": "usc", "parsable-cite": "usc/20/1232g" } ] }, { "text": "124. Impact grants \n(a) Use of funds \nGrants awarded under this section shall be used by eligible entities to expand the supply and quality of child care in the community by providing training, mentorship, technical support, and startup funding, in collaboration with existing (as of the date of application for the grant) child care agencies and organizations, through carrying out 1 or more of the following activities: (1) Contracting with local child care resource and referral organizations to support onsite technical assistance for child care providers, and training, mentorships, and business technical assistance related to existing (as of the date of the grant) or new start-up child care programs. (2) Contracting with local child care resource and referral organizations to provide staffed family child care networks, such as a hub that supports a group of home-based care providers to promote high-quality care. (3) Establishing a network of child care providers in the community, or partnering with an existing, as of the date of application, provider or network (such as an Early Head Start program operating in the community) to facilitate provider access to training, coaching, mentorship, licensure, technical support, and expansion funding. (4) Developing content for training for community child care providers (including home-based providers and unlicensed providers) on strong child care business practices and other supports and training the providers may require. (5) Compensating qualified individuals to deliver training for community members on providing high-quality child care. (6) Awarding microenterprise grants for State licensed, qualified early childhood education professionals, State licensed child care centers, and State licensed or registered home-based child care providers to open a child care program that provides infant and toddler child care , or to expand infant and toddler child care (including expanding access to serve infants or toddlers with disabilities) at a child care program in areas with low access to affordable, quality infant and toddler child care. (7) Developing and communicating clear pathways for community child care providers and current and prospective students of infant and toddler child care education, particularly individuals with low incomes and from historically underrepresented groups, to take advantage of professional development, certificate, and associate degree offerings, for the purpose of advancing their skills and careers. (8) Prioritizing child care programs, pathways, and resources in communities of color and low-income communities. (9) Developing and delivering child care professional development and courses in languages other than English. (b) Rule regarding professional development \nIf an eligible entity elects to use grant funds under this section for professional development, the eligible entity shall ensure that— (1) a portion of the professional development is open, available, and easily accessible to unlicensed child care providers and a portion of the professional development is available to State licensed or registered child care providers; and (2) not more than 30 percent of the funds provided through the grant under this section are allocated toward professional development. (c) Consultation and reports \n(1) Consultation \nAn eligible entity receiving a grant under this section shall, for each year of the grant, consult with an infant and toddler child care committee described in section 122(a)(2) and the lead agency for the applicable State designated under section 658D of the Child Care Development and Block Grant Act of 1990 ( 42 U.S.C. 9858b ) regarding the results of the grant and the contents of the annual report submitted to the Secretary. (2) Reports \nAn eligible entity receiving a grant under this section shall, for each year of the grant, prepare and submit a report to the Secretary that includes— (A) the number of child care providers that attended child care professional development sessions coordinated by the eligible entity under the grant, and the type of training received; (B) (i) the number of child care providers fluent in a language other than English that received professional development through the grant, including the number of such child care providers reached through the development and delivery of coursework in languages other than English; and (ii) the number of such child care providers that received professional development through the grant and graduated with an infant toddler credential, a child development associate credential, or associate degree related to early childhood development; (C) the number of community colleges or minority-serving institutions that joined or established networks of child care providers; (D) the number of State licensed child care spots created for children under 3 as a result of the training or microenterprise grants provided, in the aggregate and disaggregated by location in an infant and toddler child care desert, location in a community of color, and, for recipients of microenterprise grants under subsection (a)(6), race, ethnicity, and gender of recipient; (E) the number of participants in mentorship programs supported under the grant, in the aggregate and disaggregated by race, ethnicity, and gender; and (F) the number of community child care providers receiving technical support from the on-campus child care center or network or the child care resource and referral agency under the grant. (3) Cross-tabulation \nIn each report submitted by an eligible entity under paragraph (2), the eligible entity shall also provide the information described in paragraph (2)(E) cross-tabulated by, at a minimum, gender and each major racial and ethnic group, which shall be presented in a manner that— (A) is first anonymized and does not reveal personally identifiable information about an individual participant in a mentorship program; (B) does not include a number of individuals in any subgroup of mentorship program participants that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual; and (C) is consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ).", "id": "idc1f3dc86f94b497591acb09f5092db27", "header": "Impact grants", "nested": [ { "text": "(a) Use of funds \nGrants awarded under this section shall be used by eligible entities to expand the supply and quality of child care in the community by providing training, mentorship, technical support, and startup funding, in collaboration with existing (as of the date of application for the grant) child care agencies and organizations, through carrying out 1 or more of the following activities: (1) Contracting with local child care resource and referral organizations to support onsite technical assistance for child care providers, and training, mentorships, and business technical assistance related to existing (as of the date of the grant) or new start-up child care programs. (2) Contracting with local child care resource and referral organizations to provide staffed family child care networks, such as a hub that supports a group of home-based care providers to promote high-quality care. (3) Establishing a network of child care providers in the community, or partnering with an existing, as of the date of application, provider or network (such as an Early Head Start program operating in the community) to facilitate provider access to training, coaching, mentorship, licensure, technical support, and expansion funding. (4) Developing content for training for community child care providers (including home-based providers and unlicensed providers) on strong child care business practices and other supports and training the providers may require. (5) Compensating qualified individuals to deliver training for community members on providing high-quality child care. (6) Awarding microenterprise grants for State licensed, qualified early childhood education professionals, State licensed child care centers, and State licensed or registered home-based child care providers to open a child care program that provides infant and toddler child care , or to expand infant and toddler child care (including expanding access to serve infants or toddlers with disabilities) at a child care program in areas with low access to affordable, quality infant and toddler child care. (7) Developing and communicating clear pathways for community child care providers and current and prospective students of infant and toddler child care education, particularly individuals with low incomes and from historically underrepresented groups, to take advantage of professional development, certificate, and associate degree offerings, for the purpose of advancing their skills and careers. (8) Prioritizing child care programs, pathways, and resources in communities of color and low-income communities. (9) Developing and delivering child care professional development and courses in languages other than English.", "id": "id3a08b563d8e141daa86b5a7a239072cb", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(b) Rule regarding professional development \nIf an eligible entity elects to use grant funds under this section for professional development, the eligible entity shall ensure that— (1) a portion of the professional development is open, available, and easily accessible to unlicensed child care providers and a portion of the professional development is available to State licensed or registered child care providers; and (2) not more than 30 percent of the funds provided through the grant under this section are allocated toward professional development.", "id": "idf0de54a037e849f0a53ecbc24455f1ce", "header": "Rule regarding professional development", "nested": [], "links": [] }, { "text": "(c) Consultation and reports \n(1) Consultation \nAn eligible entity receiving a grant under this section shall, for each year of the grant, consult with an infant and toddler child care committee described in section 122(a)(2) and the lead agency for the applicable State designated under section 658D of the Child Care Development and Block Grant Act of 1990 ( 42 U.S.C. 9858b ) regarding the results of the grant and the contents of the annual report submitted to the Secretary. (2) Reports \nAn eligible entity receiving a grant under this section shall, for each year of the grant, prepare and submit a report to the Secretary that includes— (A) the number of child care providers that attended child care professional development sessions coordinated by the eligible entity under the grant, and the type of training received; (B) (i) the number of child care providers fluent in a language other than English that received professional development through the grant, including the number of such child care providers reached through the development and delivery of coursework in languages other than English; and (ii) the number of such child care providers that received professional development through the grant and graduated with an infant toddler credential, a child development associate credential, or associate degree related to early childhood development; (C) the number of community colleges or minority-serving institutions that joined or established networks of child care providers; (D) the number of State licensed child care spots created for children under 3 as a result of the training or microenterprise grants provided, in the aggregate and disaggregated by location in an infant and toddler child care desert, location in a community of color, and, for recipients of microenterprise grants under subsection (a)(6), race, ethnicity, and gender of recipient; (E) the number of participants in mentorship programs supported under the grant, in the aggregate and disaggregated by race, ethnicity, and gender; and (F) the number of community child care providers receiving technical support from the on-campus child care center or network or the child care resource and referral agency under the grant. (3) Cross-tabulation \nIn each report submitted by an eligible entity under paragraph (2), the eligible entity shall also provide the information described in paragraph (2)(E) cross-tabulated by, at a minimum, gender and each major racial and ethnic group, which shall be presented in a manner that— (A) is first anonymized and does not reveal personally identifiable information about an individual participant in a mentorship program; (B) does not include a number of individuals in any subgroup of mentorship program participants that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual; and (C) is consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ).", "id": "id0b9fbae7352c4f66b5d0fca2fa05ce9d", "header": "Consultation and reports", "nested": [], "links": [ { "text": "42 U.S.C. 9858b", "legal-doc": "usc", "parsable-cite": "usc/42/9858b" }, { "text": "20 U.S.C. 1232g", "legal-doc": "usc", "parsable-cite": "usc/20/1232g" } ] } ], "links": [ { "text": "42 U.S.C. 9858b", "legal-doc": "usc", "parsable-cite": "usc/42/9858b" }, { "text": "20 U.S.C. 1232g", "legal-doc": "usc", "parsable-cite": "usc/20/1232g" } ] }, { "text": "125. Pipeline grants \n(a) Use of funds \nGrants awarded under this section shall be used by eligible entities to grow and strengthen the workforce pipeline of highly effective infant and toddler child care providers, especially such providers serving infant and toddler child care deserts, through carrying out 1 or more of the following activities: (1) Establishing— (A) an associate degree program that includes not less than 2 courses specifically on infants and toddlers; or (B) a stackable child development associate credential, infant toddler credential, or early childhood education certificate, that can be incorporated into a higher-level credential or certificate. (2) Hiring faculty to adopt and teach previously developed competency-based high-quality infant-toddler courses, or to develop and teach infant-toddler courses, which may include courses required for an infant or toddler care certificate, such as courses on child growth and development, the physical and nutritional needs of children, communicating with families, language development, child mental health, supporting infants and toddlers with disabilities, and effective interactions with children. (3) Developing and executing a plan for increased coordination between an early childhood educator preparation program of a participating community college or minority-serving institution and an on-campus child care center of the community college or minority-serving institution, to enhance the quality of both the child care and the early childhood educator preparation program. (4) Creating or enhancing a partnership between a participating community college and a 4-year degree-granting institution, to support and coordinate associate degree programs or provide for articulation agreements in early childhood education with related baccalaureate degree programs. (5) Upgrading an on-campus child care center into a child care lab school for the purpose of facilitating early childhood educator preparation program practicum work, which may include installing one-way observation windows or live-feed cameras. (6) Awarding microgrants to students in early childhood educator preparation programs for tuition, books, transportation, permitting or licensing fees, apprenticeships, and time spent doing practicum work. (7) Developing and teaching courses on culturally responsive teaching in early childhood education. (8) Forming partnerships with local public high schools to establish early childhood education career and technical education programs, including programs that lead to a degree or credential or provide opportunities for students to enter the community college or minority-serving institution with postsecondary credits that can be counted towards an early childhood education certificate, credential, or degree. (b) Consultation and reports \n(1) Consultation \nAn eligible entity receiving a grant under this section shall, for each year of the grant, consult with an infant and toddler child care committee described in section 122(a)(2) regarding the results of the grant and the contents of the annual report submitted to the Secretary. (2) Reporting requirements \nAn eligible entity receiving a grant under this section shall, for each year of the grant, prepare and submit a report to the Secretary that includes— (A) the number of students that enrolled in early childhood educator preparation programs due to the support provided by the grant, in the aggregate and disaggregated by credential or degree type of the program and by age, gender, race or ethnic group, ability to speak a second language, family income level, disability status, and full-time or part-time student status; (B) the amount of funds allocated to early childhood educator preparation program students through microgrants under this section, in the aggregate and disaggregated by usage of funds and by demographics of the students receiving the microgrants, including age, gender, race or ethnic group, second language ability, parent status, family income level, disability status, and full-time or part-time student status; (C) the persistence, retention, and completion rates of students receiving the microgrants, as compared to such rates for students not receiving the microgrants; (D) the number of students dual-enrolled in high school and a community college or minority-serving institution early childhood educator preparation program; (E) the number of students that completed degrees, certificates, or credentials in dual-enrollment programs, in the aggregate and disaggregated by degree, certificate, and credential type; and (F) the details of any partnerships or articulation agreements established with local public high schools or local 4-year degree-granting institutions of higher education. (3) Cross-tabulation \nIn each report submitted by an eligible entity under paragraph (2), the eligible entity shall also provide the information described in subparagraphs (A) and (B) of such paragraph cross-tabulated by, at a minimum, gender, each major racial and ethnic group, and disability status, which shall be presented in a manner that— (A) is first anonymized and does not reveal personally identifiable information about an individual student; (B) does not include a number of individuals in any subgroup of students that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual; and (C) is consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ).", "id": "id678cea26822b4cf1a975562de196dbb4", "header": "Pipeline grants", "nested": [ { "text": "(a) Use of funds \nGrants awarded under this section shall be used by eligible entities to grow and strengthen the workforce pipeline of highly effective infant and toddler child care providers, especially such providers serving infant and toddler child care deserts, through carrying out 1 or more of the following activities: (1) Establishing— (A) an associate degree program that includes not less than 2 courses specifically on infants and toddlers; or (B) a stackable child development associate credential, infant toddler credential, or early childhood education certificate, that can be incorporated into a higher-level credential or certificate. (2) Hiring faculty to adopt and teach previously developed competency-based high-quality infant-toddler courses, or to develop and teach infant-toddler courses, which may include courses required for an infant or toddler care certificate, such as courses on child growth and development, the physical and nutritional needs of children, communicating with families, language development, child mental health, supporting infants and toddlers with disabilities, and effective interactions with children. (3) Developing and executing a plan for increased coordination between an early childhood educator preparation program of a participating community college or minority-serving institution and an on-campus child care center of the community college or minority-serving institution, to enhance the quality of both the child care and the early childhood educator preparation program. (4) Creating or enhancing a partnership between a participating community college and a 4-year degree-granting institution, to support and coordinate associate degree programs or provide for articulation agreements in early childhood education with related baccalaureate degree programs. (5) Upgrading an on-campus child care center into a child care lab school for the purpose of facilitating early childhood educator preparation program practicum work, which may include installing one-way observation windows or live-feed cameras. (6) Awarding microgrants to students in early childhood educator preparation programs for tuition, books, transportation, permitting or licensing fees, apprenticeships, and time spent doing practicum work. (7) Developing and teaching courses on culturally responsive teaching in early childhood education. (8) Forming partnerships with local public high schools to establish early childhood education career and technical education programs, including programs that lead to a degree or credential or provide opportunities for students to enter the community college or minority-serving institution with postsecondary credits that can be counted towards an early childhood education certificate, credential, or degree.", "id": "id222d0139635348f2951b424c7df8c25a", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(b) Consultation and reports \n(1) Consultation \nAn eligible entity receiving a grant under this section shall, for each year of the grant, consult with an infant and toddler child care committee described in section 122(a)(2) regarding the results of the grant and the contents of the annual report submitted to the Secretary. (2) Reporting requirements \nAn eligible entity receiving a grant under this section shall, for each year of the grant, prepare and submit a report to the Secretary that includes— (A) the number of students that enrolled in early childhood educator preparation programs due to the support provided by the grant, in the aggregate and disaggregated by credential or degree type of the program and by age, gender, race or ethnic group, ability to speak a second language, family income level, disability status, and full-time or part-time student status; (B) the amount of funds allocated to early childhood educator preparation program students through microgrants under this section, in the aggregate and disaggregated by usage of funds and by demographics of the students receiving the microgrants, including age, gender, race or ethnic group, second language ability, parent status, family income level, disability status, and full-time or part-time student status; (C) the persistence, retention, and completion rates of students receiving the microgrants, as compared to such rates for students not receiving the microgrants; (D) the number of students dual-enrolled in high school and a community college or minority-serving institution early childhood educator preparation program; (E) the number of students that completed degrees, certificates, or credentials in dual-enrollment programs, in the aggregate and disaggregated by degree, certificate, and credential type; and (F) the details of any partnerships or articulation agreements established with local public high schools or local 4-year degree-granting institutions of higher education. (3) Cross-tabulation \nIn each report submitted by an eligible entity under paragraph (2), the eligible entity shall also provide the information described in subparagraphs (A) and (B) of such paragraph cross-tabulated by, at a minimum, gender, each major racial and ethnic group, and disability status, which shall be presented in a manner that— (A) is first anonymized and does not reveal personally identifiable information about an individual student; (B) does not include a number of individuals in any subgroup of students that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual; and (C) is consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ).", "id": "id179a082fb2204be9856c3f639dd21c58", "header": "Consultation and reports", "nested": [], "links": [ { "text": "20 U.S.C. 1232g", "legal-doc": "usc", "parsable-cite": "usc/20/1232g" } ] } ], "links": [ { "text": "20 U.S.C. 1232g", "legal-doc": "usc", "parsable-cite": "usc/20/1232g" } ] }, { "text": "126. Evaluation criteria for grants \nFor each year of the grant program under this title, the Secretary shall evaluate the effectiveness of grants under chapter 1. Each evaluation shall include the following criteria: (1) For access grants awarded under section 123— (A) the number of community college or minority-serving institution student parents that received access to licensed or registered infant and toddler child care due to the grant, in the aggregate and disaggregated by age, gender, race or ethnic group, family income level, disability status, marital status, and full-time or part-time student status; (B) the most frequent times, and the average number of hours per week, that on-campus child care centers were used by community college or minority-serving institution student parents; (C) semester-to-semester persistence and fall-to-fall persistence rates of community college or minority-serving institution student parents with children enrolled in infant or toddler child care sponsored by the community college or minority-serving institution, compared to such rate for students with children not enrolled in the community college or minority-serving institution child care program, in the aggregate and disaggregated by the categories described in subparagraph (A); and (D) degree and certificate completion rate of community college or minority-serving institution student parents with children enrolled in child care sponsored by the community college or minority-serving institution, compared to such rate for students with children not enrolled in such a sponsored child care program, in the aggregate and disaggregated by the categories described in subparagraph (A). (2) For impact grants awarded under section 124— (A) the number of attendees for the child care professional development sessions coordinated by the eligible entity under the grants; (B) the number of community colleges or minority-serving institutions that joined or established networks of child care providers as a result of the grants; (C) the number of State licensed child care spots created for children under 3 in infant and toddler child care deserts and communities of color that were established as a result of microenterprise grants supported under section 124(a)(6); and (D) the number of child care providers fluent in a language other than English that received professional development under the grants. (3) For pipeline grants under section 125— (A) the number of early childhood educator preparation programs that were established with funding under the grants; (B) the number of existing early childhood educator preparation programs that expanded course, certificate, or degree offerings as a result of funding under the grants; (C) the number of students that enrolled in early childhood educator preparation programs because of funding provided under the grants, in the aggregate and disaggregated by— (i) type of degree or credential; and (ii) student age, gender, race or ethnic group, second language ability, family income level, disability status, and status as enrolled full- or part-time; (D) the amount of funds allocated to early childhood educator preparation program students through microgrants supported under section 125(a)(6), in the aggregate and disaggregated by— (i) category of usage of funds; and (ii) the categories described in subparagraph (C)(ii); (E) persistence, retention, and completion rates of students receiving such microgrants, as compared to students not receiving microgrants; (F) the number of new early childhood educator preparation program partnerships formed between community colleges or minority-serving institutions and area high schools as a result of the grants; (G) the number of students dual-enrolled in high school and community college early childhood educator preparation programs as a result of the grants; and (H) the number of students that completed a degree or credential in a dual-enrollment program as a result of the grants, in the aggregate and disaggregated by degree or credential.", "id": "idc20e6ca3ad304a99810efc49add594cb", "header": "Evaluation criteria for grants", "nested": [], "links": [] }, { "text": "127. Report to Congress \nThe Secretary shall prepare and submit to Congress an annual report on the grant program under this title that includes— (1) the results from the most recent evaluation under section 126; and (2) information regarding the progress made by the grants based on the most recent reports submitted under sections 122(b), 123(c), 124(c), and 125(b).", "id": "idf30081610b2146b99cadc66d4f692bcb", "header": "Report to Congress", "nested": [], "links": [] }, { "text": "128. Nondiscrimination in programs and activities \n(a) Nondiscrimination \nNo person in the United States shall, on the basis of actual or perceived race, color, religion, national origin, sex (which includes sexual orientation, gender identity, pregnancy, childbirth, medical conditions related to pregnancy or childbirth, or sex stereotypes), or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded, in whole or in part, with funds made available under this title or with amounts appropriated for grants, contracts, or certificates similar to a child care certificate as defined in section 658P of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n ), administered with such funds. (b) Enforcement \nSubsection (a) shall be enforced in the same manner and by the same means, as if such subsection was incorporated in title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), and as if a violation of subsection (a) was treated as if it was a violation of section 601 of such Act ( 42 U.S.C. 2000d ). (c) Rule of construction \nNothing in this section shall be construed to alter or change any provisions of section 658N of the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858l ).", "id": "id6cf964e16ae64478a99503b41cddef0d", "header": "Nondiscrimination in programs and activities", "nested": [ { "text": "(a) Nondiscrimination \nNo person in the United States shall, on the basis of actual or perceived race, color, religion, national origin, sex (which includes sexual orientation, gender identity, pregnancy, childbirth, medical conditions related to pregnancy or childbirth, or sex stereotypes), or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded, in whole or in part, with funds made available under this title or with amounts appropriated for grants, contracts, or certificates similar to a child care certificate as defined in section 658P of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n ), administered with such funds.", "id": "id51a7d272fe5a4ab7a7abea58c50f2541", "header": "Nondiscrimination", "nested": [], "links": [ { "text": "42 U.S.C. 9858n", "legal-doc": "usc", "parsable-cite": "usc/42/9858n" } ] }, { "text": "(b) Enforcement \nSubsection (a) shall be enforced in the same manner and by the same means, as if such subsection was incorporated in title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), and as if a violation of subsection (a) was treated as if it was a violation of section 601 of such Act ( 42 U.S.C. 2000d ).", "id": "id8281C7C29E1E4793BDDDF4A87C4F6CE0", "header": "Enforcement", "nested": [], "links": [ { "text": "42 U.S.C. 2000d et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000d" }, { "text": "42 U.S.C. 2000d", "legal-doc": "usc", "parsable-cite": "usc/42/2000d" } ] }, { "text": "(c) Rule of construction \nNothing in this section shall be construed to alter or change any provisions of section 658N of the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858l ).", "id": "idf91d50a114864e89ab806e76f80c4ba8", "header": "Rule of construction", "nested": [], "links": [ { "text": "42 U.S.C. 9858l", "legal-doc": "usc", "parsable-cite": "usc/42/9858l" } ] } ], "links": [ { "text": "42 U.S.C. 9858n", "legal-doc": "usc", "parsable-cite": "usc/42/9858n" }, { "text": "42 U.S.C. 2000d et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000d" }, { "text": "42 U.S.C. 2000d", "legal-doc": "usc", "parsable-cite": "usc/42/2000d" }, { "text": "42 U.S.C. 9858l", "legal-doc": "usc", "parsable-cite": "usc/42/9858l" } ] }, { "text": "201. Eligibility \n(a) In general \nSection 658P(4)(C)(i) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n(4)(C)(i) ) is amended by striking job training or educational program and inserting job training or educational program (which may be a program of study at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), a program of secondary education, or a program of study leading to the recognized equivalent of a secondary school diploma). (b) Plan requirements \nSection 658E(c)(2) of such Act ( 42 U.S.C. 9858c(c)(2) ) is amended by adding at the end the following: (W) Eligibility standards \nThe plan shall contain an assurance that the State will not use any requirement for the eligibility of a child under this subchapter that is more restrictive than the requirements of (including regulations issued under) this subchapter, such as a family income standard, or a work, training, or education standard, that is more restrictive than the standards specified in section 658P(4)..", "id": "idC340DE9E8E634FBB9500009F9FACF555", "header": "Eligibility", "nested": [ { "text": "(a) In general \nSection 658P(4)(C)(i) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n(4)(C)(i) ) is amended by striking job training or educational program and inserting job training or educational program (which may be a program of study at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), a program of secondary education, or a program of study leading to the recognized equivalent of a secondary school diploma).", "id": "id0CED1FFE156B4CCA9374184CE7231C71", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 9858n(4)(C)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/9858n" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] }, { "text": "(b) Plan requirements \nSection 658E(c)(2) of such Act ( 42 U.S.C. 9858c(c)(2) ) is amended by adding at the end the following: (W) Eligibility standards \nThe plan shall contain an assurance that the State will not use any requirement for the eligibility of a child under this subchapter that is more restrictive than the requirements of (including regulations issued under) this subchapter, such as a family income standard, or a work, training, or education standard, that is more restrictive than the standards specified in section 658P(4)..", "id": "id5703B66A09AD46BF97B66FB5669B9391", "header": "Plan requirements", "nested": [], "links": [ { "text": "42 U.S.C. 9858c(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/9858c" } ] } ], "links": [ { "text": "42 U.S.C. 9858n(4)(C)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/9858n" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "42 U.S.C. 9858c(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/9858c" } ] }, { "text": "202. Conforming amendments \nSection 658H(c) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858f(c) ) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by inserting or a child care center covered by section 123(b) of the Preparing and Resourcing Our Student Parents and Early Childhood Teachers Act before if such ; and (2) in paragraph (2), by inserting , including a child care center covered by section 123(b) of the Preparing and Resourcing Our Student Parents and Early Childhood Teachers Act , before shall be ineligible.", "id": "idB9F481632E27477ABF827E7C177FF142", "header": "Conforming amendments", "nested": [], "links": [ { "text": "42 U.S.C. 9858f(c)", "legal-doc": "usc", "parsable-cite": "usc/42/9858f" } ] }, { "text": "203. Increased Federal matching payments for child care \nSection 418(a)(2)(C) of the Social Security Act ( 42 U.S.C. 618(a)(2)(C) ) is amended to read as follows: (C) Federal matching of state expenditures \nThe Secretary shall pay to each eligible State for a fiscal year an amount equal to the lesser of— (i) the State's allotment under subparagraph (B); or (ii) the sum of— (I) in the case of a State that provides payments for child care assistance for infants and toddlers (within the meaning of section 658G of the Child Care and Development Block Grant Act of 1990) at not less than 75 percent of the market rates, based on the most recent market rate survey conducted under section 658E(c)(4)(B) of that Act or using an alternative methodology, such as a cost estimation model, that has been developed by the State lead agency and approved by the Administration for Children and Families, taking into account the geographic area, type of child care, and age of the child, 90 percent of the State's expenditures for such assistance; and (II) the amount equal to the Federal medical assistance percentage that applies to the State for the fiscal year under section 1905(b) (without regard to any adjustments to such percentage applicable under that section or any other provision of law) of so much of the State's expenditures for child care in that fiscal year for children other than infants and toddlers..", "id": "id47F0A05B9F34465B8491100097F4D097", "header": "Increased Federal matching payments for child care", "nested": [], "links": [ { "text": "42 U.S.C. 618(a)(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/618" } ] }, { "text": "301. Sharing dependent care allowance information for Federal student aid \nSection 132(h)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1015a(h)(4) ) is amended— (1) in the paragraph heading, by inserting and information after Disclaimer ; (2) in subparagraph (B), by striking and after the semicolon; (3) in subparagraph (C), by striking the period and inserting ; and ; and (4) by adding at the end the following: (D) explaining— (i) that a student with a dependent may be eligible to include a dependent care allowance described in section 471(a)(8) in the student's cost of attendance; (ii) the effect that a dependent care allowance may have on the amount of financial aid available to the student from the institution; and (iii) how to apply for the dependent care allowance..", "id": "id5DD06E73189C495E97ABDC1B2D955BB4", "header": "Sharing dependent care allowance information for Federal student aid", "nested": [], "links": [ { "text": "20 U.S.C. 1015a(h)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1015a" } ] } ]

[ "Adult education and literacy", "Child care and development", "Congressional oversight", "Disability and health-based discrimination", "Disability and paralysis", "Educational facilities and institutions", "Elementary and secondary education", "Employee hiring", "Family services", "Foreign language and bilingual programs", "Government information and archives", "Higher education", "Performance measurement", "Racial and ethnic relations", "Sex, gender, sexual orientation discrimination", "State and local finance", "Student aid and college costs", "Teaching, teachers, curricula", "User charges and fees", "Wages and earnings" ]

[ { "text": "1. Short title \nThis Act may be cited as the Highway Formula Modernization Act of 2023.", "id": "id692373aceee94087a3f2feadeff06b96", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Highway formula modernization study \n(a) In general \nNot later than 2 years after the date of enactment of this Act, the Secretary of Transportation (referred to in this section as the Secretary ), in consultation with State departments of transportation and representatives of local governments (including metropolitan planning organizations), shall conduct a highway formula modernization study to assess the method and data used to apportion Federal-aid highway funds under subsections (b) and (c) of section 104 of title 23, United States Code, and issue recommendations relating to that method and data. (b) Assessment \nThe highway formula modernization study required under subsection (a) shall include an assessment of, based on the latest available data, whether the apportionment method described in that subsection results in— (1) an equitable distribution of funds based on the estimated tax payments attributable to— (A) highway users in the State that are paid into the Highway Trust Fund; and (B) individuals in the State that are paid to the Treasury, based on contributions to the Highway Trust Fund from the general fund of the Treasury; and (2) the achievement of the goals described in section 101(b)(3) of title 23, United States Code. (c) Considerations \nIn the assessment under subsection (b), the Secretary shall consider the following: (1) The factors described in sections 104(b), 104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23, United States Code, as in effect on the date of enactment of SAFETEA–LU ( Public Law 109–59 ; 119 Stat. 1144). (2) The availability and accuracy of data necessary to calculate formula apportionments under the factors described in paragraph (1). (3) The measures established under section 150 of title 23, United States Code, and whether those measures are appropriate for consideration as formula apportionment factors. (4) Any other factors that the Secretary determines are appropriate. (d) Recommendations \nThe Secretary, in consultation with State departments of transportation and representatives of local governments (including metropolitan planning organizations), shall develop recommendations on a new apportionment method, including— (1) the factors recommended to be included in the new apportionment method; (2) the weighting recommended to be applied to the factors recommended under paragraph (1); and (3) any other recommendations to ensure that the new apportionment method best achieves an equitable distribution of funds described under subsection (b)(1) and the goals described in subsection (b)(2). (e) Reports to Congress \n(1) Interim reports \nNot less frequently than annually during the period during which the Secretary is carrying out the study under subsection (a), the Secretary shall submit to Congress an interim report on the progress of the study. (2) Final report \nOn completion of the study under subsection (a), the Secretary shall submit to Congress a final report on the results of the study, including the recommendations under subsection (d).", "id": "id27C76B76B58B4A16A2FD6C6BBFF05D12", "header": "Highway formula modernization study", "nested": [ { "text": "(a) In general \nNot later than 2 years after the date of enactment of this Act, the Secretary of Transportation (referred to in this section as the Secretary ), in consultation with State departments of transportation and representatives of local governments (including metropolitan planning organizations), shall conduct a highway formula modernization study to assess the method and data used to apportion Federal-aid highway funds under subsections (b) and (c) of section 104 of title 23, United States Code, and issue recommendations relating to that method and data.", "id": "id686a0dac905f4a64b6d3684ae39bf93f", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Assessment \nThe highway formula modernization study required under subsection (a) shall include an assessment of, based on the latest available data, whether the apportionment method described in that subsection results in— (1) an equitable distribution of funds based on the estimated tax payments attributable to— (A) highway users in the State that are paid into the Highway Trust Fund; and (B) individuals in the State that are paid to the Treasury, based on contributions to the Highway Trust Fund from the general fund of the Treasury; and (2) the achievement of the goals described in section 101(b)(3) of title 23, United States Code.", "id": "iddc69e93f573a40e0856f699b11161c99", "header": "Assessment", "nested": [], "links": [] }, { "text": "(c) Considerations \nIn the assessment under subsection (b), the Secretary shall consider the following: (1) The factors described in sections 104(b), 104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23, United States Code, as in effect on the date of enactment of SAFETEA–LU ( Public Law 109–59 ; 119 Stat. 1144). (2) The availability and accuracy of data necessary to calculate formula apportionments under the factors described in paragraph (1). (3) The measures established under section 150 of title 23, United States Code, and whether those measures are appropriate for consideration as formula apportionment factors. (4) Any other factors that the Secretary determines are appropriate.", "id": "id4a65b4f5cb244d9a938bd274634d03f2", "header": "Considerations", "nested": [], "links": [ { "text": "Public Law 109–59", "legal-doc": "public-law", "parsable-cite": "pl/109/59" } ] }, { "text": "(d) Recommendations \nThe Secretary, in consultation with State departments of transportation and representatives of local governments (including metropolitan planning organizations), shall develop recommendations on a new apportionment method, including— (1) the factors recommended to be included in the new apportionment method; (2) the weighting recommended to be applied to the factors recommended under paragraph (1); and (3) any other recommendations to ensure that the new apportionment method best achieves an equitable distribution of funds described under subsection (b)(1) and the goals described in subsection (b)(2).", "id": "id65f262bd30174a93936ca6ae99073097", "header": "Recommendations", "nested": [], "links": [] }, { "text": "(e) Reports to Congress \n(1) Interim reports \nNot less frequently than annually during the period during which the Secretary is carrying out the study under subsection (a), the Secretary shall submit to Congress an interim report on the progress of the study. (2) Final report \nOn completion of the study under subsection (a), the Secretary shall submit to Congress a final report on the results of the study, including the recommendations under subsection (d).", "id": "id0740E0F9C6EA4EA484E187CA10545120", "header": "Reports to Congress", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 109–59", "legal-doc": "public-law", "parsable-cite": "pl/109/59" } ] } ]

[ "Government information and archives", "Government lending and loan guarantees", "Government studies and investigations", "Infrastructure development", "Intergovernmental relations", "Roads and highways", "Transportation programs funding" ]

[ { "text": "1. Short title \nThis Act may be cited as the Forbidding Airlines from Imposing Ridiculous Fees Act of 2023 or the FAIR Fees Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Regulations prohibiting the imposition of fees that are not reasonable and proportional to the costs incurred \n(a) In general \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations— (1) prohibiting an air carrier from imposing fees described in subsection (b) that are unreasonable or disproportional to the costs incurred by the air carrier; and (2) establishing standards for assessing whether such fees are reasonable and proportional to the costs incurred by the air carrier. (b) Fees described \nThe fees described in this subsection are— (1) any fee for a change or cancellation of a reservation for a flight in passenger air transportation; (2) any fee relating to checked or carry-on baggage to be transported on a flight in passenger air transportation; (3) any fee relating to the choice or assignment of seats on a flight in passenger air transportation; and (4) any other fee imposed by an air carrier relating to a flight in passenger air transportation. (c) Considerations \nIn establishing the standards required by subsection (a)(2), the Secretary shall consider— (1) with respect to a fee described in subsection (b)(1) imposed by an air carrier for a change or cancellation of a flight reservation— (A) any net benefit or cost to the air carrier from the change or cancellation, taking into consideration— (i) the ability of the air carrier to anticipate the expected average number of cancellations and changes and make reservations accordingly; (ii) the ability of the air carrier to fill a seat made available by a change or cancellation; (iii) any difference in the fare likely to be paid for a ticket sold to another passenger for a seat made available by the change or cancellation, as compared to the fare that was paid for the seat for which the reservation was changed or canceled; and (iv) the likelihood that the passenger changing or canceling the reservation will, as a result, fill a seat on another flight by the same air carrier; (B) the costs of processing the change or cancellation electronically; and (C) any related labor costs; (2) with respect to a fee described in subsection (b)(2) imposed by an air carrier relating to checked baggage— (A) the costs of processing checked baggage electronically; and (B) any related labor costs; (3) with respect to a fee described in subsection (b)(3) imposed by an air carrier relating to the choice or assignment of seats on a flight in passenger air transportation, ensuring that passengers traveling with children age 13 or younger are able to be seated with those children at no additional charge to the passengers traveling with such children or to any other passenger traveling on the flight involved; and (4) any other considerations the Secretary considers appropriate. (d) Updated regulations \nThe Secretary shall update the standards required by subsection (a)(2) not less frequently than every 3 years. (e) Definitions \nIn this section: (1) Air carrier \nThe term air carrier means any air carrier that holds an air carrier certificate under section 41101 of title 49, United States Code. (2) Passenger air transportation \nThe term passenger air transportation means, with respect to the transportation of passengers by aircraft as a common carrier for compensation, foreign air transportation, interstate air transportation, and intrastate air transportation, as such terms are defined in section 40102 of title 49, United States Code.", "id": "idCFEDDB5BE36D443195278CE16F74B9D0", "header": "Regulations prohibiting the imposition of fees that are not reasonable and proportional to the costs incurred", "nested": [ { "text": "(a) In general \nNot later than 270 days after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations— (1) prohibiting an air carrier from imposing fees described in subsection (b) that are unreasonable or disproportional to the costs incurred by the air carrier; and (2) establishing standards for assessing whether such fees are reasonable and proportional to the costs incurred by the air carrier.", "id": "idEB8BEF49D08741B79B86C4C8A6D86A1F", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Fees described \nThe fees described in this subsection are— (1) any fee for a change or cancellation of a reservation for a flight in passenger air transportation; (2) any fee relating to checked or carry-on baggage to be transported on a flight in passenger air transportation; (3) any fee relating to the choice or assignment of seats on a flight in passenger air transportation; and (4) any other fee imposed by an air carrier relating to a flight in passenger air transportation.", "id": "id3BC6EDAFE03D473E81330D0B97B31922", "header": "Fees described", "nested": [], "links": [] }, { "text": "(c) Considerations \nIn establishing the standards required by subsection (a)(2), the Secretary shall consider— (1) with respect to a fee described in subsection (b)(1) imposed by an air carrier for a change or cancellation of a flight reservation— (A) any net benefit or cost to the air carrier from the change or cancellation, taking into consideration— (i) the ability of the air carrier to anticipate the expected average number of cancellations and changes and make reservations accordingly; (ii) the ability of the air carrier to fill a seat made available by a change or cancellation; (iii) any difference in the fare likely to be paid for a ticket sold to another passenger for a seat made available by the change or cancellation, as compared to the fare that was paid for the seat for which the reservation was changed or canceled; and (iv) the likelihood that the passenger changing or canceling the reservation will, as a result, fill a seat on another flight by the same air carrier; (B) the costs of processing the change or cancellation electronically; and (C) any related labor costs; (2) with respect to a fee described in subsection (b)(2) imposed by an air carrier relating to checked baggage— (A) the costs of processing checked baggage electronically; and (B) any related labor costs; (3) with respect to a fee described in subsection (b)(3) imposed by an air carrier relating to the choice or assignment of seats on a flight in passenger air transportation, ensuring that passengers traveling with children age 13 or younger are able to be seated with those children at no additional charge to the passengers traveling with such children or to any other passenger traveling on the flight involved; and (4) any other considerations the Secretary considers appropriate.", "id": "id211D40B7EBCC44CEBF327D9C8C826977", "header": "Considerations", "nested": [], "links": [] }, { "text": "(d) Updated regulations \nThe Secretary shall update the standards required by subsection (a)(2) not less frequently than every 3 years.", "id": "idC36E2103D3E24CC7AAEBE67E585573D1", "header": "Updated regulations", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Air carrier \nThe term air carrier means any air carrier that holds an air carrier certificate under section 41101 of title 49, United States Code. (2) Passenger air transportation \nThe term passenger air transportation means, with respect to the transportation of passengers by aircraft as a common carrier for compensation, foreign air transportation, interstate air transportation, and intrastate air transportation, as such terms are defined in section 40102 of title 49, United States Code.", "id": "id94A67A6A8CCB463798175BA708965889", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]

[ "Administrative law and regulatory procedures", "Aviation and airports", "Department of Transportation", "Transportation costs" ]

[ { "text": "1. Short title \nThis Act may be cited as the Fred Korematsu Congressional Gold Medal Act of 2023.", "id": "H25BE4E91A79D451180C74C6CB8C4DCB6", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) On January 30, 1919, Fred Toyosaburo Korematsu was born in Oakland, California, to Japanese immigrants. (2) Fred Korematsu graduated from Castlemont High School in 1937 and attempted to enlist in the military twice but was unable to do so because his selective service classification was changed to enemy alien, even though Fred Korematsu was a United States citizen. (3) Fred Korematsu trained as a welder and worked as a foreman at the docks in Oakland until the date on which he and all Japanese Americans were fired. (4) On December 7, 1941, Japan attacked the military base in Pearl Harbor, Hawaii, causing the United States to declare war against Japan. (5) On February 19, 1942, President Franklin D. Roosevelt signed Executive Order 9066 (7 Fed. Reg. 1407 (February 25, 1942)), which authorized the Secretary of War to prescribe military areas— (A) from which any or all people could be excluded; and (B) with respect to which, the right of any person to enter, remain in, or leave would be subject to any restriction the Military Commander imposed in his discretion. (6) On May 3, 1942, the Lieutenant General of the Western Command of the Army issued Civilian Exclusion Order 34 (May 3, 1942) (referred to in this Act as the Civilian Exclusion Order ) directing that all people of Japanese ancestry be removed from designated areas of the West Coast after May 9, 1942, because people of Japanese ancestry in the designated areas were considered to pose a threat to national security. (7) Fred Korematsu refused to comply with the Civilian Exclusion Order and was arrested on May 30, 1942. (8) After his arrest, Fred Korematsu— (A) was held for 2½ months in the Presidio stockade in San Francisco, California; (B) was convicted on September 8, 1942, of violating the Civilian Exclusion Order and sentenced to 5 years of probation; and (C) was detained at Tanforan Assembly Center, a former horse racetrack used as a holding facility for Japanese Americans before he was exiled with his family to the Topaz incarceration camp in the State of Utah. (9) More than 120,000 Japanese Americans were similarly detained, with no charges brought and without due process, in 10 permanent War Relocation Authority camps located in isolated desert areas of the States of Arizona, Arkansas, California, Colorado, Idaho, Utah, and Wyoming. (10) The people of the United States subject to the Civilian Exclusion Order lost their homes, livelihoods, and the freedoms guaranteed to all people of the United States. (11) Fred Korematsu unsuccessfully challenged the Civilian Exclusion Order as it applied to him and appealed the decision of the United States District Court to the United States Court of Appeals for the Ninth Circuit, which sustained his conviction. (12) Fred Korematsu was subsequently confined with his family in the incarceration camp in Topaz, Utah, for 2 years, and during that time, Fred Korematsu appealed his conviction to the Supreme Court of the United States. (13) On December 18, 1944, the Supreme Court of the United States issued Korematsu v. United States, 323 U.S. 214 (1944), which— (A) upheld the conviction of Fred Korematsu by a vote of 6 to 3; and (B) concluded that Fred Korematsu was removed from his home not based on hostility toward him or other Japanese Americans but because the United States was at war with Japan and the military feared a Japanese invasion of the West Coast. (14) In his dissenting opinion in Korematsu v. United States, 323 U.S. 214 (1944), Justice Frank Murphy called the Civilian Exclusion Order the legalization of racism. (15) Two other Supreme Court Justices dissented from the majority decision in Korematsu v. United States, including Justice Jackson who described the validation of the principle of racial discrimination as a loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need. (16) Fred Korematsu continued to maintain his innocence for decades following World War II, and his conviction hampered his ability to gain employment. (17) In 1982, legal historian Peter Irons and researcher Aiko Yoshinaga-Herzig gained access to Government documents under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), that indicate that while the case of Fred Korematsu was before the Supreme Court of the United States, the Federal Government misled the Supreme Court of the United States and suppressed findings that Japanese Americans on the West Coast were not security threats. (18) In light of the newly discovered information, Fred Korematsu filed a writ of error coram nobis with the United States District Court for the Northern District of California, and on November 10, 1983, United States District Judge Marilyn Hall Patel issued her decision in Korematsu v. United States, 584 F. Supp. 1406 (N.D. Cal. 1984), that— (A) overturned the Federal conviction of Fred Korematsu; (B) concluded that, at the time that senior Government officials presented their case before the Supreme Court of the United States in 1944, the senior Government officials knew there was no factual basis for the claim of military necessity for the Civil Exclusion Order; (C) acknowledged that the government knowingly withheld information from the courts when they were considering the critical question of military necessity in the original case; (D) recognized that there is substantial support in the record that the government deliberately omitted relevant information and provided misleading information in papers before the court. The information was critical to the court’s determination ; and (E) stated that although the decision of the Supreme Court of the United States in Korematsu v. United States, 323 U.S. 214 (1944), remains on the pages of United States legal and political history, [a]s historical precedent it stands as a constant caution that in times of war or declared military necessity our institutions must be vigilant in protecting constitutional guarantees. (19) The Commission on Wartime Relocation and Internment of Civilians, authorized by Congress in 1980 to review the facts and circumstances surrounding the relocation and incarceration of Japanese Americans under Executive Order 9066 (7 Fed. Reg. 1407 (February 25, 1942)), concluded that— (A) the decision of the Supreme Court of the United States in Korematsu v. United States, 323 U.S. 214 (1944), is overruled by the court of history; (B) a grave personal injustice was done to the United States citizens and resident aliens of Japanese ancestry who, without individual review or any probative evidence against them, were excluded, removed, and detained by the United States during World War II; and (C) the exclusion, removal, and detention of United States citizens and resident aliens of Japanese ancestry were motivated largely by racial prejudice, wartime hysteria, and a failure of political leadership. (20) The overturning of the conviction of Fred Korematsu and the findings of the Commission on Wartime Relocation and Internment of Civilians influenced the decision by Congress to pass the Civil Liberties Act of 1988 ( 50 U.S.C. 4211 et seq. ) to request a Presidential apology and the symbolic payment of compensation to people of Japanese ancestry who lost liberty or property due to discriminatory actions of the Federal Government. (21) On August 10, 1988, President Reagan signed the Civil Liberties Act of 1988 ( 50 U.S.C. 4211 et seq. ), stating, [H]ere we admit a wrong; here we reaffirm our commitment as a nation to equal justice under the law.. (22) On January 15, 1998, President Clinton awarded the Presidential Medal of Freedom, the highest civilian award of the United States, to Fred Korematsu, stating, [i]n the long history of our country’s constant search for justice, some names of ordinary citizens stand for millions of souls: Plessy, Brown, Parks. To that distinguished list, today we add the name of Fred Korematsu.. (23) Fred Korematsu remained a tireless advocate for civil liberties and justice throughout his life by— (A) speaking out against racial discrimination and violence; and (B) cautioning the Federal Government against repeating mistakes of the past that singled out individuals for heightened scrutiny on the basis of race, ethnicity, nationality, or religion. (24) On March 30, 2005, Fred Korematsu died at the age of 86 in Marin County, California. (25) Fred Korematsu is a role model for all people of the United States who love the United States and the promises contained in the Constitution of the United States, and the strength and perseverance of Fred Korematsu serve as an inspiration for all people who strive for equality and justice.", "id": "HACAF79F6A4A5487BB34BCF9DA9617D2A", "header": "Findings", "nested": [], "links": [ { "text": "50 U.S.C. 4211 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4211" }, { "text": "50 U.S.C. 4211 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4211" } ] }, { "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 posthumous presentation, on behalf of Congress, of a single gold medal of appropriate design in commemoration to Fred Korematsu, in recognition of his contributions to civil rights, his loyalty and patriotism to the United States, and his dedication to justice and equality. (b) Design and Striking \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. The design shall bear an image of, and inscription of the name of, Fred Korematsu. (c) Smithsonian Institution \n(1) In general \nFollowing the award of the gold medal in honor of Fred Korematsu, the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and available for research. (2) Sense of Congress \nIt is the sense of Congress that the Smithsonian Institution should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at the National Portrait Gallery, and that preference should be given to locations affiliated with the Smithsonian Institution.", "id": "HAD4B46C41AFB4306A2BEF84F29028311", "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 posthumous presentation, on behalf of Congress, of a single gold medal of appropriate design in commemoration to Fred Korematsu, in recognition of his contributions to civil rights, his loyalty and patriotism to the United States, and his dedication to justice and equality.", "id": "H0CC089DF5E7E4BFEAF219468365C05A0", "header": "Presentation Authorized", "nested": [], "links": [] }, { "text": "(b) Design and Striking \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. The design shall bear an image of, and inscription of the name of, Fred Korematsu.", "id": "HC63CB1E3CD664AF6B155AB308FEC1A39", "header": "Design and Striking", "nested": [], "links": [] }, { "text": "(c) Smithsonian Institution \n(1) In general \nFollowing the award of the gold medal in honor of Fred Korematsu, the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and available for research. (2) Sense of Congress \nIt is the sense of Congress that the Smithsonian Institution should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at the National Portrait Gallery, and that preference should be given to locations affiliated with the Smithsonian Institution.", "id": "H4DAB006E614C4F4692C28ECB67E2BC28", "header": "Smithsonian Institution", "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": "H30AF99C4D8CF4CF6A13C629F50E3679D", "header": "Duplicate Medals", "nested": [], "links": [] }, { "text": "5. Status of Medals \n(a) National medals \nMedals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items \nFor purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.", "id": "HB1BAC2D0996744E78A7E03CD72FA59EC", "header": "Status of Medals", "nested": [ { "text": "(a) National medals \nMedals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.", "id": "H857C075A5C764FC9AE7547E245893F5E", "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": "H22A52C17D86A479DBC21A461C1D326D6", "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": "H5F695972DDEF4B3992A292A722938F96", "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": "H6C4150E469474DFFBA6851B6DCDB3AC8", "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": "H594A625ED65947189AB82A6F68603D0A", "header": "Proceeds of sale", "nested": [], "links": [] } ], "links": [] } ]

[ "Asia", "Conflicts and wars", "Congressional tributes", "Detention of persons", "Due process and equal protection", "Japan", "Museums, exhibitions, cultural centers", "Protest and dissent", "Racial and ethnic relations", "Smithsonian Institution", "U.S. history" ]

[ { "text": "1. Short title \nThis Act may be cited as the Wildland Firefighter Paycheck Protection Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Special base rates of pay for wildland firefighters \n(a) In general \nSubchapter III of chapter 53 of title 5, United States Code, is amended by inserting after section 5332 the following: 5332a. Special base rates of pay for wildland firefighters \n(a) Definitions \nIn this section— (1) the term firefighter means an employee who— (A) is a firefighter within the meaning of section 8331(21) or section 8401(14); (B) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would otherwise qualify if the employee had transferred directly to that position after serving as a firefighter within the meaning of that section; (C) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would otherwise qualify if the employee had transferred directly to that position after performing duties described in section 8401(14)(A) for at least 3 years; or (D) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84; (2) the term General Schedule base rate means an annual rate of basic pay established under section 5332 before any additions, such as a locality-based comparability payment under section 5304 or 5304a or a special rate supplement under section 5305; (3) the term special base rate means an annual rate of basic pay payable to a wildland firefighter, before any additions or reductions, that replaces the General Schedule base rate otherwise applicable to the wildland firefighter and that is administered in the same manner as a General Schedule base rate; and (4) the term wildland firefighter means a firefighter— (A) who is employed by the Forest Service or the Department of the Interior; and (B) the duties of the position of whom primarily relate to fires occurring in forests, range lands, or other wildlands, as opposed to structural fires. (b) Special base rates of pay \n(1) Entitlement to special rate \nNotwithstanding section 5332, a wildland firefighter is entitled to a special base rate at grades 1 through 15, which shall— (A) replace the otherwise applicable General Schedule base rate for the wildland firefighter; (B) be basic pay for all purposes, including the purpose of computing a locality-based comparability payment under section 5304 or 5304a; and (C) be computed as described in paragraph (2) and adjusted at the time of adjustments in the General Schedule. (2) Computation \n(A) In general \nThe special base rate for a wildland firefighter shall be derived by increasing the otherwise applicable General Schedule base rate for the wildland firefighter by the following applicable percentage for the grade of the wildland firefighter and rounding the result to the nearest whole dollar: (i) For GS–1, 42 percent. (ii) For GS–2, 39 percent. (iii) For GS–3, 36 percent. (iv) For GS–4, 33 percent. (v) For GS–5, 30 percent. (vi) For GS–6, 27 percent. (vii) For GS–7, 24 percent. (viii) For GS–8, 21 percent. (ix) For GS–9, 18 percent. (x) For GS–10, 15 percent. (xi) For GS–11, 12 percent. (xii) For GS–12, 9 percent. (xiii) For GS–13, 6 percent. (xiv) For GS–14, 3 percent. (xv) For GS–15, 1.5 percent. (B) Hourly, daily, weekly, or biweekly rates \nWhen the special base rate with respect to a wildland firefighter is expressed as an hourly, daily, weekly, or biweekly rate, the special base rate shall be computed from the appropriate annual rate of basic pay derived under subparagraph (A) in accordance with the rules under section 5504(b).. (b) Clerical amendment \nThe table of sections for subchapter III of chapter 53 of title 5, United States Code, is amended by inserting after the item relating to section 5332 the following: 5332a. Special base rates of pay for wildland firefighters.. (c) Prevailing rate employees \nSection 5343 of title 5, United States Code, is amended by adding at the end the following: (g) (1) For a prevailing rate employee described in section 5342(a)(2)(A) who is a wildland firefighter, as defined in section 5332a(a), the Secretary of Agriculture or the Secretary of the Interior (as applicable) shall increase the wage rates of that employee by an amount (determined at the sole and exclusive discretion of the applicable Secretary after consultation with the other Secretary) that is generally consistent with the percentage increases given to wildland firefighters in the General Schedule under section 5332a. (2) An increased wage rate under paragraph (1) shall be basic pay for the same purposes as the wage rate otherwise established under this section. (3) An increase under this subsection may not cause the wage rate of an employee to increase to a rate that would produce an annualized rate in excess of the annual rate for level IV of the Executive Schedule.. (d) Effective date \nThe amendments made by this section shall take effect on the first day of the first applicable pay period beginning on or after October 1, 2023. (e) Applicability \nNotwithstanding section 40803(d)(4)(B) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592(d)(4)(B) ), the salary increase in such section 40803(d)(4)(B) shall not apply to the positions described in such section 40803(d)(4)(B) for service performed on or after the effective date described in subsection (d) of this section.", "id": "id152e63e1ba9f44db870cbd737d6fa5cd", "header": "Special base rates of pay for wildland firefighters", "nested": [ { "text": "(a) In general \nSubchapter III of chapter 53 of title 5, United States Code, is amended by inserting after section 5332 the following: 5332a. Special base rates of pay for wildland firefighters \n(a) Definitions \nIn this section— (1) the term firefighter means an employee who— (A) is a firefighter within the meaning of section 8331(21) or section 8401(14); (B) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would otherwise qualify if the employee had transferred directly to that position after serving as a firefighter within the meaning of that section; (C) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would otherwise qualify if the employee had transferred directly to that position after performing duties described in section 8401(14)(A) for at least 3 years; or (D) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84; (2) the term General Schedule base rate means an annual rate of basic pay established under section 5332 before any additions, such as a locality-based comparability payment under section 5304 or 5304a or a special rate supplement under section 5305; (3) the term special base rate means an annual rate of basic pay payable to a wildland firefighter, before any additions or reductions, that replaces the General Schedule base rate otherwise applicable to the wildland firefighter and that is administered in the same manner as a General Schedule base rate; and (4) the term wildland firefighter means a firefighter— (A) who is employed by the Forest Service or the Department of the Interior; and (B) the duties of the position of whom primarily relate to fires occurring in forests, range lands, or other wildlands, as opposed to structural fires. (b) Special base rates of pay \n(1) Entitlement to special rate \nNotwithstanding section 5332, a wildland firefighter is entitled to a special base rate at grades 1 through 15, which shall— (A) replace the otherwise applicable General Schedule base rate for the wildland firefighter; (B) be basic pay for all purposes, including the purpose of computing a locality-based comparability payment under section 5304 or 5304a; and (C) be computed as described in paragraph (2) and adjusted at the time of adjustments in the General Schedule. (2) Computation \n(A) In general \nThe special base rate for a wildland firefighter shall be derived by increasing the otherwise applicable General Schedule base rate for the wildland firefighter by the following applicable percentage for the grade of the wildland firefighter and rounding the result to the nearest whole dollar: (i) For GS–1, 42 percent. (ii) For GS–2, 39 percent. (iii) For GS–3, 36 percent. (iv) For GS–4, 33 percent. (v) For GS–5, 30 percent. (vi) For GS–6, 27 percent. (vii) For GS–7, 24 percent. (viii) For GS–8, 21 percent. (ix) For GS–9, 18 percent. (x) For GS–10, 15 percent. (xi) For GS–11, 12 percent. (xii) For GS–12, 9 percent. (xiii) For GS–13, 6 percent. (xiv) For GS–14, 3 percent. (xv) For GS–15, 1.5 percent. (B) Hourly, daily, weekly, or biweekly rates \nWhen the special base rate with respect to a wildland firefighter is expressed as an hourly, daily, weekly, or biweekly rate, the special base rate shall be computed from the appropriate annual rate of basic pay derived under subparagraph (A) in accordance with the rules under section 5504(b)..", "id": "iddf6d282f69b84b75a202c0ca7c694049", "header": "In general", "nested": [], "links": [ { "text": "chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/53" }, { "text": "section 5332", "legal-doc": "usc", "parsable-cite": "usc/5/5332" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for subchapter III of chapter 53 of title 5, United States Code, is amended by inserting after the item relating to section 5332 the following: 5332a. Special base rates of pay for wildland firefighters..", "id": "idf261408465bf42089e252daac61a2e89", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/53" }, { "text": "section 5332", "legal-doc": "usc", "parsable-cite": "usc/5/5332" } ] }, { "text": "(c) Prevailing rate employees \nSection 5343 of title 5, United States Code, is amended by adding at the end the following: (g) (1) For a prevailing rate employee described in section 5342(a)(2)(A) who is a wildland firefighter, as defined in section 5332a(a), the Secretary of Agriculture or the Secretary of the Interior (as applicable) shall increase the wage rates of that employee by an amount (determined at the sole and exclusive discretion of the applicable Secretary after consultation with the other Secretary) that is generally consistent with the percentage increases given to wildland firefighters in the General Schedule under section 5332a. (2) An increased wage rate under paragraph (1) shall be basic pay for the same purposes as the wage rate otherwise established under this section. (3) An increase under this subsection may not cause the wage rate of an employee to increase to a rate that would produce an annualized rate in excess of the annual rate for level IV of the Executive Schedule..", "id": "idbf777277774540368fafda31ff0f0606", "header": "Prevailing rate employees", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall take effect on the first day of the first applicable pay period beginning on or after October 1, 2023.", "id": "idd7623e05b17d463786023d668027a69f", "header": "Effective date", "nested": [], "links": [] }, { "text": "(e) Applicability \nNotwithstanding section 40803(d)(4)(B) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592(d)(4)(B) ), the salary increase in such section 40803(d)(4)(B) shall not apply to the positions described in such section 40803(d)(4)(B) for service performed on or after the effective date described in subsection (d) of this section.", "id": "id56ba6231d0d948cd832e798bdeb047a0", "header": "Applicability", "nested": [], "links": [ { "text": "16 U.S.C. 6592(d)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/16/6592" } ] } ], "links": [ { "text": "chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/53" }, { "text": "section 5332", "legal-doc": "usc", "parsable-cite": "usc/5/5332" }, { "text": "chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/53" }, { "text": "section 5332", "legal-doc": "usc", "parsable-cite": "usc/5/5332" }, { "text": "16 U.S.C. 6592(d)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/16/6592" } ] }, { "text": "5332a. Special base rates of pay for wildland firefighters \n(a) Definitions \nIn this section— (1) the term firefighter means an employee who— (A) is a firefighter within the meaning of section 8331(21) or section 8401(14); (B) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would otherwise qualify if the employee had transferred directly to that position after serving as a firefighter within the meaning of that section; (C) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would otherwise qualify if the employee had transferred directly to that position after performing duties described in section 8401(14)(A) for at least 3 years; or (D) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84; (2) the term General Schedule base rate means an annual rate of basic pay established under section 5332 before any additions, such as a locality-based comparability payment under section 5304 or 5304a or a special rate supplement under section 5305; (3) the term special base rate means an annual rate of basic pay payable to a wildland firefighter, before any additions or reductions, that replaces the General Schedule base rate otherwise applicable to the wildland firefighter and that is administered in the same manner as a General Schedule base rate; and (4) the term wildland firefighter means a firefighter— (A) who is employed by the Forest Service or the Department of the Interior; and (B) the duties of the position of whom primarily relate to fires occurring in forests, range lands, or other wildlands, as opposed to structural fires. (b) Special base rates of pay \n(1) Entitlement to special rate \nNotwithstanding section 5332, a wildland firefighter is entitled to a special base rate at grades 1 through 15, which shall— (A) replace the otherwise applicable General Schedule base rate for the wildland firefighter; (B) be basic pay for all purposes, including the purpose of computing a locality-based comparability payment under section 5304 or 5304a; and (C) be computed as described in paragraph (2) and adjusted at the time of adjustments in the General Schedule. (2) Computation \n(A) In general \nThe special base rate for a wildland firefighter shall be derived by increasing the otherwise applicable General Schedule base rate for the wildland firefighter by the following applicable percentage for the grade of the wildland firefighter and rounding the result to the nearest whole dollar: (i) For GS–1, 42 percent. (ii) For GS–2, 39 percent. (iii) For GS–3, 36 percent. (iv) For GS–4, 33 percent. (v) For GS–5, 30 percent. (vi) For GS–6, 27 percent. (vii) For GS–7, 24 percent. (viii) For GS–8, 21 percent. (ix) For GS–9, 18 percent. (x) For GS–10, 15 percent. (xi) For GS–11, 12 percent. (xii) For GS–12, 9 percent. (xiii) For GS–13, 6 percent. (xiv) For GS–14, 3 percent. (xv) For GS–15, 1.5 percent. (B) Hourly, daily, weekly, or biweekly rates \nWhen the special base rate with respect to a wildland firefighter is expressed as an hourly, daily, weekly, or biweekly rate, the special base rate shall be computed from the appropriate annual rate of basic pay derived under subparagraph (A) in accordance with the rules under section 5504(b).", "id": "id5c69cc2bc22d45a08551f1a87c3177b9", "header": "Special base rates of pay for wildland firefighters", "nested": [ { "text": "(a) Definitions \nIn this section— (1) the term firefighter means an employee who— (A) is a firefighter within the meaning of section 8331(21) or section 8401(14); (B) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would otherwise qualify if the employee had transferred directly to that position after serving as a firefighter within the meaning of that section; (C) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would otherwise qualify if the employee had transferred directly to that position after performing duties described in section 8401(14)(A) for at least 3 years; or (D) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84; (2) the term General Schedule base rate means an annual rate of basic pay established under section 5332 before any additions, such as a locality-based comparability payment under section 5304 or 5304a or a special rate supplement under section 5305; (3) the term special base rate means an annual rate of basic pay payable to a wildland firefighter, before any additions or reductions, that replaces the General Schedule base rate otherwise applicable to the wildland firefighter and that is administered in the same manner as a General Schedule base rate; and (4) the term wildland firefighter means a firefighter— (A) who is employed by the Forest Service or the Department of the Interior; and (B) the duties of the position of whom primarily relate to fires occurring in forests, range lands, or other wildlands, as opposed to structural fires.", "id": "idf3c66dcb51b24e6e8383f2fac1bc960a", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Special base rates of pay \n(1) Entitlement to special rate \nNotwithstanding section 5332, a wildland firefighter is entitled to a special base rate at grades 1 through 15, which shall— (A) replace the otherwise applicable General Schedule base rate for the wildland firefighter; (B) be basic pay for all purposes, including the purpose of computing a locality-based comparability payment under section 5304 or 5304a; and (C) be computed as described in paragraph (2) and adjusted at the time of adjustments in the General Schedule. (2) Computation \n(A) In general \nThe special base rate for a wildland firefighter shall be derived by increasing the otherwise applicable General Schedule base rate for the wildland firefighter by the following applicable percentage for the grade of the wildland firefighter and rounding the result to the nearest whole dollar: (i) For GS–1, 42 percent. (ii) For GS–2, 39 percent. (iii) For GS–3, 36 percent. (iv) For GS–4, 33 percent. (v) For GS–5, 30 percent. (vi) For GS–6, 27 percent. (vii) For GS–7, 24 percent. (viii) For GS–8, 21 percent. (ix) For GS–9, 18 percent. (x) For GS–10, 15 percent. (xi) For GS–11, 12 percent. (xii) For GS–12, 9 percent. (xiii) For GS–13, 6 percent. (xiv) For GS–14, 3 percent. (xv) For GS–15, 1.5 percent. (B) Hourly, daily, weekly, or biweekly rates \nWhen the special base rate with respect to a wildland firefighter is expressed as an hourly, daily, weekly, or biweekly rate, the special base rate shall be computed from the appropriate annual rate of basic pay derived under subparagraph (A) in accordance with the rules under section 5504(b).", "id": "id89fca01433a84f8da0ce58d024101795", "header": "Special base rates of pay", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Wildland fire incident response premium pay \n(a) In general \nSubchapter V of chapter 55 of title 5, United Sates Code, is amended by inserting after section 5545b the following: 5545c. Incident response premium pay for employees engaged in wildland firefighting \n(a) Definitions \nIn this section— (1) the term appropriate committees of Congress means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (D) the Committee on Appropriations of the Senate; (E) the Committee on Oversight and Accountability of the House of Representatives; (F) the Committee on Agriculture of the House of Representatives; (G) the Committee on Natural Resources of the House of Representatives; and (H) the Committee on Appropriations of the House of Representatives; (2) the term covered employee means an employee of the Forest Service or the Department of the Interior who is— (A) a wildland firefighter, as defined in section 5332a(a); or (B) certified by the applicable agency to perform wildland fire incident-related duties during the period that employee is deployed to respond to a qualifying incident; (3) the term incident response premium pay means pay to which a covered employee is entitled under subsection (c); (4) the term prescribed fire incident means a wildland fire originating from a planned ignition in accordance with applicable laws, policies, and regulations to meet specific objectives; (5) the term qualifying incident — (A) means— (i) a wildfire incident, a prescribed fire incident, or a severity incident; or (ii) an incident that the Secretary of Agriculture or the Secretary of the Interior determines is similar in nature to an incident described in clause (i); and (B) does not include an initial response incident that is contained within 36 hours; and (6) the term severity incident means an incident in which a covered employee is pre-positioned in an area in which conditions indicate there is a high risk of wildfires. (b) Eligibility \nA covered employee is eligible for incident response premium pay under this section if— (1) the covered employee is deployed to respond to a qualifying incident; and (2) the deployment described in paragraph (1) is— (A) outside of the official duty station of the covered employee; or (B) within the official duty station of the covered employee and the covered employee is assigned to an incident-adjacent fire camp or other designated field location. (c) Entitlement to incident response premium pay \n(1) In general \nA covered employee who satisfies the conditions under subsection (b) is entitled to premium pay for the period in which the covered employee is deployed to respond to the applicable qualifying incident. (2) Computation \n(A) Formula \nSubject to subparagraphs (B) and (C), premium pay under paragraph (1) shall be paid to a covered employee at a daily rate of 450 percent of the hourly rate of basic pay of the covered employee for each day that the covered employee satisfies the requirements under subsection (b), rounded to the nearest whole cent. (B) Limitation \nPremium pay under this subsection may not be paid— (i) with respect to a covered employee for whom the annual rate of basic pay is greater than that for step 10 of GS–10, at a daily rate that exceeds the daily rate established under subparagraph (A) for step 10 of GS–10; or (ii) to a covered employee in a total amount that exceeds $9,000 in any calendar year. (C) Adjustments \n(i) Assessment \nThe Secretary of Agriculture and the Secretary of the Interior shall assess the difference between the average total amount of compensation that was paid to covered employees, by grade, in fiscal years 2023 and 2024. (ii) Report \nNot later than 180 days after the date that is 1 year after the effective date of this section, the Secretary of Agriculture and the Secretary of the Interior shall jointly publish a report on the results of the assessment conducted under clause (i). (iii) Administrative actions \nAfter publishing the report required under clause (ii), the Secretary of Agriculture and the Secretary of the Interior, in consultation with the Director of the Office of Personnel Management, may, in the sole and exclusive discretion of the Secretaries acting jointly, administratively adjust the amount of premium pay paid under this subsection (or take other administrative action) to ensure that the average annual amount of total compensation paid to covered employees, by grade, is more consistent with such amount that was paid to those employees in fiscal year 2023. (iv) Congressional notification \nNot later than 3 days after an adjustment made, or other administrative action taken, under clause (iii) becomes final, the Secretary of Agriculture and the Secretary of the Interior shall jointly submit to the appropriate committees of Congress a notification regarding that adjustment or other administrative action, as applicable. (d) Treatment of incident response premium pay \nIncident response premium pay under this section— (1) is not considered part of the basic pay of a covered employee for any purpose; (2) may not be considered in determining a covered employee's lump-sum payment for accumulated and accrued annual leave under section 5551 or section 5552; (3) may not be used in determining pay under section 8114 (relating to compensation for work injuries); (4) may not be considered in determining pay for hours of paid leave or other paid time off during which the premium pay is not payable; and (5) shall be disregarded in determining the minimum wage and overtime pay to which a covered employee is entitled under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ).. (b) Additional premium pay amendments \nSubchapter V of chapter 55 of title 5, United States Code, is amended— (1) in section 5544— (A) by amending the section heading to read as follows: Wage-board overtime, Sunday rates, and other premium pay ; and (B) by adding at the end the following: (d) A prevailing rate employee described in section 5342(a)(2)(A) shall receive incident response premium pay under the same terms and conditions that apply to a covered employee under section 5545c if that employee— (1) is employed by the Forest Service or the Department of the Interior; and (2) (A) is a wildland firefighter, as defined in section 5332a(a); or (B) is certified by the applicable agency to perform wildland fire incident-related duties during the period the employee is deployed to respond to a qualifying incident (as defined in section 5545c(a)). ; and (2) in section 5547(a), in the matter preceding paragraph (1), by inserting 5545c, after 5545a,. (c) Clerical amendments \nThe table of sections for subchapter V of chapter 55 of title 5, United States Code, is amended— (1) by amending the item relating to section 5544 to read as follows: 5544. Wage-board overtime, Sunday rates, and other premium pay. ; and (2) by inserting after the item relating to section 5545b the following: 5545c. Incident response premium pay for employees engaged in wildland firefighting.. (d) Effective date \nThe amendments made by this section shall take effect on the first day of the first applicable pay period beginning on or after October 1, 2023.", "id": "ide86a489d3d1345b184371eef142e2204", "header": "Wildland fire incident response premium pay", "nested": [ { "text": "(a) In general \nSubchapter V of chapter 55 of title 5, United Sates Code, is amended by inserting after section 5545b the following: 5545c. Incident response premium pay for employees engaged in wildland firefighting \n(a) Definitions \nIn this section— (1) the term appropriate committees of Congress means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (D) the Committee on Appropriations of the Senate; (E) the Committee on Oversight and Accountability of the House of Representatives; (F) the Committee on Agriculture of the House of Representatives; (G) the Committee on Natural Resources of the House of Representatives; and (H) the Committee on Appropriations of the House of Representatives; (2) the term covered employee means an employee of the Forest Service or the Department of the Interior who is— (A) a wildland firefighter, as defined in section 5332a(a); or (B) certified by the applicable agency to perform wildland fire incident-related duties during the period that employee is deployed to respond to a qualifying incident; (3) the term incident response premium pay means pay to which a covered employee is entitled under subsection (c); (4) the term prescribed fire incident means a wildland fire originating from a planned ignition in accordance with applicable laws, policies, and regulations to meet specific objectives; (5) the term qualifying incident — (A) means— (i) a wildfire incident, a prescribed fire incident, or a severity incident; or (ii) an incident that the Secretary of Agriculture or the Secretary of the Interior determines is similar in nature to an incident described in clause (i); and (B) does not include an initial response incident that is contained within 36 hours; and (6) the term severity incident means an incident in which a covered employee is pre-positioned in an area in which conditions indicate there is a high risk of wildfires. (b) Eligibility \nA covered employee is eligible for incident response premium pay under this section if— (1) the covered employee is deployed to respond to a qualifying incident; and (2) the deployment described in paragraph (1) is— (A) outside of the official duty station of the covered employee; or (B) within the official duty station of the covered employee and the covered employee is assigned to an incident-adjacent fire camp or other designated field location. (c) Entitlement to incident response premium pay \n(1) In general \nA covered employee who satisfies the conditions under subsection (b) is entitled to premium pay for the period in which the covered employee is deployed to respond to the applicable qualifying incident. (2) Computation \n(A) Formula \nSubject to subparagraphs (B) and (C), premium pay under paragraph (1) shall be paid to a covered employee at a daily rate of 450 percent of the hourly rate of basic pay of the covered employee for each day that the covered employee satisfies the requirements under subsection (b), rounded to the nearest whole cent. (B) Limitation \nPremium pay under this subsection may not be paid— (i) with respect to a covered employee for whom the annual rate of basic pay is greater than that for step 10 of GS–10, at a daily rate that exceeds the daily rate established under subparagraph (A) for step 10 of GS–10; or (ii) to a covered employee in a total amount that exceeds $9,000 in any calendar year. (C) Adjustments \n(i) Assessment \nThe Secretary of Agriculture and the Secretary of the Interior shall assess the difference between the average total amount of compensation that was paid to covered employees, by grade, in fiscal years 2023 and 2024. (ii) Report \nNot later than 180 days after the date that is 1 year after the effective date of this section, the Secretary of Agriculture and the Secretary of the Interior shall jointly publish a report on the results of the assessment conducted under clause (i). (iii) Administrative actions \nAfter publishing the report required under clause (ii), the Secretary of Agriculture and the Secretary of the Interior, in consultation with the Director of the Office of Personnel Management, may, in the sole and exclusive discretion of the Secretaries acting jointly, administratively adjust the amount of premium pay paid under this subsection (or take other administrative action) to ensure that the average annual amount of total compensation paid to covered employees, by grade, is more consistent with such amount that was paid to those employees in fiscal year 2023. (iv) Congressional notification \nNot later than 3 days after an adjustment made, or other administrative action taken, under clause (iii) becomes final, the Secretary of Agriculture and the Secretary of the Interior shall jointly submit to the appropriate committees of Congress a notification regarding that adjustment or other administrative action, as applicable. (d) Treatment of incident response premium pay \nIncident response premium pay under this section— (1) is not considered part of the basic pay of a covered employee for any purpose; (2) may not be considered in determining a covered employee's lump-sum payment for accumulated and accrued annual leave under section 5551 or section 5552; (3) may not be used in determining pay under section 8114 (relating to compensation for work injuries); (4) may not be considered in determining pay for hours of paid leave or other paid time off during which the premium pay is not payable; and (5) shall be disregarded in determining the minimum wage and overtime pay to which a covered employee is entitled under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. )..", "id": "idb13623045754487baa8f4feb8fc8c038", "header": "In general", "nested": [], "links": [ { "text": "chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/55" }, { "text": "29 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/201" } ] }, { "text": "(b) Additional premium pay amendments \nSubchapter V of chapter 55 of title 5, United States Code, is amended— (1) in section 5544— (A) by amending the section heading to read as follows: Wage-board overtime, Sunday rates, and other premium pay ; and (B) by adding at the end the following: (d) A prevailing rate employee described in section 5342(a)(2)(A) shall receive incident response premium pay under the same terms and conditions that apply to a covered employee under section 5545c if that employee— (1) is employed by the Forest Service or the Department of the Interior; and (2) (A) is a wildland firefighter, as defined in section 5332a(a); or (B) is certified by the applicable agency to perform wildland fire incident-related duties during the period the employee is deployed to respond to a qualifying incident (as defined in section 5545c(a)). ; and (2) in section 5547(a), in the matter preceding paragraph (1), by inserting 5545c, after 5545a,.", "id": "idacc4ccfc06414b39834150e9679cce93", "header": "Additional premium pay amendments", "nested": [], "links": [ { "text": "chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/55" } ] }, { "text": "(c) Clerical amendments \nThe table of sections for subchapter V of chapter 55 of title 5, United States Code, is amended— (1) by amending the item relating to section 5544 to read as follows: 5544. Wage-board overtime, Sunday rates, and other premium pay. ; and (2) by inserting after the item relating to section 5545b the following: 5545c. Incident response premium pay for employees engaged in wildland firefighting..", "id": "ida7e6d09238cd4572beb5608cf118c065", "header": "Clerical amendments", "nested": [], "links": [ { "text": "chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/55" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall take effect on the first day of the first applicable pay period beginning on or after October 1, 2023.", "id": "id7ebb6e3011394cdfa2000d2edbca01ba", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/55" }, { "text": "29 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/201" }, { "text": "chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/55" }, { "text": "chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/55" } ] }, { "text": "5545c. Incident response premium pay for employees engaged in wildland firefighting \n(a) Definitions \nIn this section— (1) the term appropriate committees of Congress means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (D) the Committee on Appropriations of the Senate; (E) the Committee on Oversight and Accountability of the House of Representatives; (F) the Committee on Agriculture of the House of Representatives; (G) the Committee on Natural Resources of the House of Representatives; and (H) the Committee on Appropriations of the House of Representatives; (2) the term covered employee means an employee of the Forest Service or the Department of the Interior who is— (A) a wildland firefighter, as defined in section 5332a(a); or (B) certified by the applicable agency to perform wildland fire incident-related duties during the period that employee is deployed to respond to a qualifying incident; (3) the term incident response premium pay means pay to which a covered employee is entitled under subsection (c); (4) the term prescribed fire incident means a wildland fire originating from a planned ignition in accordance with applicable laws, policies, and regulations to meet specific objectives; (5) the term qualifying incident — (A) means— (i) a wildfire incident, a prescribed fire incident, or a severity incident; or (ii) an incident that the Secretary of Agriculture or the Secretary of the Interior determines is similar in nature to an incident described in clause (i); and (B) does not include an initial response incident that is contained within 36 hours; and (6) the term severity incident means an incident in which a covered employee is pre-positioned in an area in which conditions indicate there is a high risk of wildfires. (b) Eligibility \nA covered employee is eligible for incident response premium pay under this section if— (1) the covered employee is deployed to respond to a qualifying incident; and (2) the deployment described in paragraph (1) is— (A) outside of the official duty station of the covered employee; or (B) within the official duty station of the covered employee and the covered employee is assigned to an incident-adjacent fire camp or other designated field location. (c) Entitlement to incident response premium pay \n(1) In general \nA covered employee who satisfies the conditions under subsection (b) is entitled to premium pay for the period in which the covered employee is deployed to respond to the applicable qualifying incident. (2) Computation \n(A) Formula \nSubject to subparagraphs (B) and (C), premium pay under paragraph (1) shall be paid to a covered employee at a daily rate of 450 percent of the hourly rate of basic pay of the covered employee for each day that the covered employee satisfies the requirements under subsection (b), rounded to the nearest whole cent. (B) Limitation \nPremium pay under this subsection may not be paid— (i) with respect to a covered employee for whom the annual rate of basic pay is greater than that for step 10 of GS–10, at a daily rate that exceeds the daily rate established under subparagraph (A) for step 10 of GS–10; or (ii) to a covered employee in a total amount that exceeds $9,000 in any calendar year. (C) Adjustments \n(i) Assessment \nThe Secretary of Agriculture and the Secretary of the Interior shall assess the difference between the average total amount of compensation that was paid to covered employees, by grade, in fiscal years 2023 and 2024. (ii) Report \nNot later than 180 days after the date that is 1 year after the effective date of this section, the Secretary of Agriculture and the Secretary of the Interior shall jointly publish a report on the results of the assessment conducted under clause (i). (iii) Administrative actions \nAfter publishing the report required under clause (ii), the Secretary of Agriculture and the Secretary of the Interior, in consultation with the Director of the Office of Personnel Management, may, in the sole and exclusive discretion of the Secretaries acting jointly, administratively adjust the amount of premium pay paid under this subsection (or take other administrative action) to ensure that the average annual amount of total compensation paid to covered employees, by grade, is more consistent with such amount that was paid to those employees in fiscal year 2023. (iv) Congressional notification \nNot later than 3 days after an adjustment made, or other administrative action taken, under clause (iii) becomes final, the Secretary of Agriculture and the Secretary of the Interior shall jointly submit to the appropriate committees of Congress a notification regarding that adjustment or other administrative action, as applicable. (d) Treatment of incident response premium pay \nIncident response premium pay under this section— (1) is not considered part of the basic pay of a covered employee for any purpose; (2) may not be considered in determining a covered employee's lump-sum payment for accumulated and accrued annual leave under section 5551 or section 5552; (3) may not be used in determining pay under section 8114 (relating to compensation for work injuries); (4) may not be considered in determining pay for hours of paid leave or other paid time off during which the premium pay is not payable; and (5) shall be disregarded in determining the minimum wage and overtime pay to which a covered employee is entitled under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ).", "id": "id7b176e1a0a4c4d1b94b44a0085af933b", "header": "Incident response premium pay for employees engaged in wildland firefighting", "nested": [ { "text": "(a) Definitions \nIn this section— (1) the term appropriate committees of Congress means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (D) the Committee on Appropriations of the Senate; (E) the Committee on Oversight and Accountability of the House of Representatives; (F) the Committee on Agriculture of the House of Representatives; (G) the Committee on Natural Resources of the House of Representatives; and (H) the Committee on Appropriations of the House of Representatives; (2) the term covered employee means an employee of the Forest Service or the Department of the Interior who is— (A) a wildland firefighter, as defined in section 5332a(a); or (B) certified by the applicable agency to perform wildland fire incident-related duties during the period that employee is deployed to respond to a qualifying incident; (3) the term incident response premium pay means pay to which a covered employee is entitled under subsection (c); (4) the term prescribed fire incident means a wildland fire originating from a planned ignition in accordance with applicable laws, policies, and regulations to meet specific objectives; (5) the term qualifying incident — (A) means— (i) a wildfire incident, a prescribed fire incident, or a severity incident; or (ii) an incident that the Secretary of Agriculture or the Secretary of the Interior determines is similar in nature to an incident described in clause (i); and (B) does not include an initial response incident that is contained within 36 hours; and (6) the term severity incident means an incident in which a covered employee is pre-positioned in an area in which conditions indicate there is a high risk of wildfires.", "id": "id3a289d6dca1f4226986a590ac8792225", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Eligibility \nA covered employee is eligible for incident response premium pay under this section if— (1) the covered employee is deployed to respond to a qualifying incident; and (2) the deployment described in paragraph (1) is— (A) outside of the official duty station of the covered employee; or (B) within the official duty station of the covered employee and the covered employee is assigned to an incident-adjacent fire camp or other designated field location.", "id": "idfc38f5fabdce414b86591d06f88e1b58", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(c) Entitlement to incident response premium pay \n(1) In general \nA covered employee who satisfies the conditions under subsection (b) is entitled to premium pay for the period in which the covered employee is deployed to respond to the applicable qualifying incident. (2) Computation \n(A) Formula \nSubject to subparagraphs (B) and (C), premium pay under paragraph (1) shall be paid to a covered employee at a daily rate of 450 percent of the hourly rate of basic pay of the covered employee for each day that the covered employee satisfies the requirements under subsection (b), rounded to the nearest whole cent. (B) Limitation \nPremium pay under this subsection may not be paid— (i) with respect to a covered employee for whom the annual rate of basic pay is greater than that for step 10 of GS–10, at a daily rate that exceeds the daily rate established under subparagraph (A) for step 10 of GS–10; or (ii) to a covered employee in a total amount that exceeds $9,000 in any calendar year. (C) Adjustments \n(i) Assessment \nThe Secretary of Agriculture and the Secretary of the Interior shall assess the difference between the average total amount of compensation that was paid to covered employees, by grade, in fiscal years 2023 and 2024. (ii) Report \nNot later than 180 days after the date that is 1 year after the effective date of this section, the Secretary of Agriculture and the Secretary of the Interior shall jointly publish a report on the results of the assessment conducted under clause (i). (iii) Administrative actions \nAfter publishing the report required under clause (ii), the Secretary of Agriculture and the Secretary of the Interior, in consultation with the Director of the Office of Personnel Management, may, in the sole and exclusive discretion of the Secretaries acting jointly, administratively adjust the amount of premium pay paid under this subsection (or take other administrative action) to ensure that the average annual amount of total compensation paid to covered employees, by grade, is more consistent with such amount that was paid to those employees in fiscal year 2023. (iv) Congressional notification \nNot later than 3 days after an adjustment made, or other administrative action taken, under clause (iii) becomes final, the Secretary of Agriculture and the Secretary of the Interior shall jointly submit to the appropriate committees of Congress a notification regarding that adjustment or other administrative action, as applicable.", "id": "idf3933fe8449d4c0e8f8d15022680cd70", "header": "Entitlement to incident response premium pay", "nested": [], "links": [] }, { "text": "(d) Treatment of incident response premium pay \nIncident response premium pay under this section— (1) is not considered part of the basic pay of a covered employee for any purpose; (2) may not be considered in determining a covered employee's lump-sum payment for accumulated and accrued annual leave under section 5551 or section 5552; (3) may not be used in determining pay under section 8114 (relating to compensation for work injuries); (4) may not be considered in determining pay for hours of paid leave or other paid time off during which the premium pay is not payable; and (5) shall be disregarded in determining the minimum wage and overtime pay to which a covered employee is entitled under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ).", "id": "id529a22d8c9bb4850944a3b6d3f6d579c", "header": "Treatment of incident response premium pay", "nested": [], "links": [ { "text": "29 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/201" } ] } ], "links": [ { "text": "29 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/201" } ] }, { "text": "4. Rest and recuperation leave for employees engaged in wildland firefighting \n(a) In general \nSubchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following: 6329e. Rest and recuperation leave for employees engaged in wildland firefighting \n(a) Definitions \nIn this section— (1) the term applicable Secretary means the Secretary of Agriculture or the Secretary of the Interior, as applicable to a covered employee; (2) the term covered employee means an employee of the Forest Service or the Department of the Interior who— (A) qualifies as a wildland firefighter based on the definitions of the terms firefighter and wildland firefighter in section 5332a(a) (applying the definition of employee in section 6301(2) in lieu of the definition of employee in section 5331(a)); or (B) is certified by the applicable Secretary to perform wildland fire incident-related duties during the period the employee is deployed to respond to a qualifying incident; and (3) the term qualifying incident has the meaning given the term in section 5545c(a). (b) Rest and recuperation leave \n(1) In general \nA covered employee may receive paid rest and recuperation leave following the completion of service in which the covered employee is deployed to respond to a qualifying incident, subject to the policies prescribed under this subsection. (2) Prescription of policies \nThe Secretary of Agriculture and the Secretary of the Interior shall prescribe uniform policies described in paragraph (1) after consulting with the other applicable Secretary. (3) Content of policies \nThe policies prescribed under paragraph (2) may include— (A) a maximum period of days in which a covered employee is deployed to respond to a qualifying incident, which shall— (i) begin on the date on which the covered employee departs from the official duty station of the covered employee and end on the date on which the covered employee returns to the official duty station of the covered employee; and (ii) be followed by a minimum number of days of rest and recuperation for the covered employee; or (B) a requirement that prohibits a covered employee from working more than 16 hours per day on average over a 14-day period during which the covered employee is deployed to respond to a qualifying incident. (c) Use of leave \n(1) In general \nRest and recuperation leave granted under this section— (A) shall be used during scheduled hours within the tour of duty of the applicable covered employee established for leave-charging purposes; (B) shall be paid in the same manner as annual leave; (C) shall be used immediately after a qualifying incident; and (D) may not be set aside for later use. (2) No payment \nA covered employee may not receive any payment for unused rest and recuperation leave granted under this section. (d) Intermittent work schedule \nA covered employee with an intermittent work schedule— (1) shall be excused from duty during the same period of time that other covered employees in the same circumstances are entitled to rest and recuperation leave; and (2) shall receive a payment as if the covered employee were entitled to rest and recuperation leave under subsection (b).. (b) Technical and conforming amendment \nThe table of sections for subchapter II of chapter 63 of title 5, United States Code, is amended by inserting after the item relating to section 6329d the following: 6329e. Rest and recuperation leave for employees engaged in wildland firefighting..", "id": "idb04ff010af3240eeb7433a21e0810331", "header": "Rest and recuperation leave for employees engaged in wildland firefighting", "nested": [ { "text": "(a) In general \nSubchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following: 6329e. Rest and recuperation leave for employees engaged in wildland firefighting \n(a) Definitions \nIn this section— (1) the term applicable Secretary means the Secretary of Agriculture or the Secretary of the Interior, as applicable to a covered employee; (2) the term covered employee means an employee of the Forest Service or the Department of the Interior who— (A) qualifies as a wildland firefighter based on the definitions of the terms firefighter and wildland firefighter in section 5332a(a) (applying the definition of employee in section 6301(2) in lieu of the definition of employee in section 5331(a)); or (B) is certified by the applicable Secretary to perform wildland fire incident-related duties during the period the employee is deployed to respond to a qualifying incident; and (3) the term qualifying incident has the meaning given the term in section 5545c(a). (b) Rest and recuperation leave \n(1) In general \nA covered employee may receive paid rest and recuperation leave following the completion of service in which the covered employee is deployed to respond to a qualifying incident, subject to the policies prescribed under this subsection. (2) Prescription of policies \nThe Secretary of Agriculture and the Secretary of the Interior shall prescribe uniform policies described in paragraph (1) after consulting with the other applicable Secretary. (3) Content of policies \nThe policies prescribed under paragraph (2) may include— (A) a maximum period of days in which a covered employee is deployed to respond to a qualifying incident, which shall— (i) begin on the date on which the covered employee departs from the official duty station of the covered employee and end on the date on which the covered employee returns to the official duty station of the covered employee; and (ii) be followed by a minimum number of days of rest and recuperation for the covered employee; or (B) a requirement that prohibits a covered employee from working more than 16 hours per day on average over a 14-day period during which the covered employee is deployed to respond to a qualifying incident. (c) Use of leave \n(1) In general \nRest and recuperation leave granted under this section— (A) shall be used during scheduled hours within the tour of duty of the applicable covered employee established for leave-charging purposes; (B) shall be paid in the same manner as annual leave; (C) shall be used immediately after a qualifying incident; and (D) may not be set aside for later use. (2) No payment \nA covered employee may not receive any payment for unused rest and recuperation leave granted under this section. (d) Intermittent work schedule \nA covered employee with an intermittent work schedule— (1) shall be excused from duty during the same period of time that other covered employees in the same circumstances are entitled to rest and recuperation leave; and (2) shall receive a payment as if the covered employee were entitled to rest and recuperation leave under subsection (b)..", "id": "id6dfb2660c49c48c69e4d8a47b5da98b8", "header": "In general", "nested": [], "links": [ { "text": "chapter 63", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/63" } ] }, { "text": "(b) Technical and conforming amendment \nThe table of sections for subchapter II of chapter 63 of title 5, United States Code, is amended by inserting after the item relating to section 6329d the following: 6329e. Rest and recuperation leave for employees engaged in wildland firefighting..", "id": "id580d0a836b1740babaa059875a62377e", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "chapter 63", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/63" }, { "text": "section 6329d", "legal-doc": "usc", "parsable-cite": "usc/5/6329d" } ] } ], "links": [ { "text": "chapter 63", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/63" }, { "text": "chapter 63", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/63" }, { "text": "section 6329d", "legal-doc": "usc", "parsable-cite": "usc/5/6329d" } ] }, { "text": "6329e. Rest and recuperation leave for employees engaged in wildland firefighting \n(a) Definitions \nIn this section— (1) the term applicable Secretary means the Secretary of Agriculture or the Secretary of the Interior, as applicable to a covered employee; (2) the term covered employee means an employee of the Forest Service or the Department of the Interior who— (A) qualifies as a wildland firefighter based on the definitions of the terms firefighter and wildland firefighter in section 5332a(a) (applying the definition of employee in section 6301(2) in lieu of the definition of employee in section 5331(a)); or (B) is certified by the applicable Secretary to perform wildland fire incident-related duties during the period the employee is deployed to respond to a qualifying incident; and (3) the term qualifying incident has the meaning given the term in section 5545c(a). (b) Rest and recuperation leave \n(1) In general \nA covered employee may receive paid rest and recuperation leave following the completion of service in which the covered employee is deployed to respond to a qualifying incident, subject to the policies prescribed under this subsection. (2) Prescription of policies \nThe Secretary of Agriculture and the Secretary of the Interior shall prescribe uniform policies described in paragraph (1) after consulting with the other applicable Secretary. (3) Content of policies \nThe policies prescribed under paragraph (2) may include— (A) a maximum period of days in which a covered employee is deployed to respond to a qualifying incident, which shall— (i) begin on the date on which the covered employee departs from the official duty station of the covered employee and end on the date on which the covered employee returns to the official duty station of the covered employee; and (ii) be followed by a minimum number of days of rest and recuperation for the covered employee; or (B) a requirement that prohibits a covered employee from working more than 16 hours per day on average over a 14-day period during which the covered employee is deployed to respond to a qualifying incident. (c) Use of leave \n(1) In general \nRest and recuperation leave granted under this section— (A) shall be used during scheduled hours within the tour of duty of the applicable covered employee established for leave-charging purposes; (B) shall be paid in the same manner as annual leave; (C) shall be used immediately after a qualifying incident; and (D) may not be set aside for later use. (2) No payment \nA covered employee may not receive any payment for unused rest and recuperation leave granted under this section. (d) Intermittent work schedule \nA covered employee with an intermittent work schedule— (1) shall be excused from duty during the same period of time that other covered employees in the same circumstances are entitled to rest and recuperation leave; and (2) shall receive a payment as if the covered employee were entitled to rest and recuperation leave under subsection (b).", "id": "idf529387fb9a74c25851d4f85a442c032", "header": "Rest and recuperation leave for employees engaged in wildland firefighting", "nested": [ { "text": "(a) Definitions \nIn this section— (1) the term applicable Secretary means the Secretary of Agriculture or the Secretary of the Interior, as applicable to a covered employee; (2) the term covered employee means an employee of the Forest Service or the Department of the Interior who— (A) qualifies as a wildland firefighter based on the definitions of the terms firefighter and wildland firefighter in section 5332a(a) (applying the definition of employee in section 6301(2) in lieu of the definition of employee in section 5331(a)); or (B) is certified by the applicable Secretary to perform wildland fire incident-related duties during the period the employee is deployed to respond to a qualifying incident; and (3) the term qualifying incident has the meaning given the term in section 5545c(a).", "id": "id8752ece1f19147478d3753280640a7e9", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Rest and recuperation leave \n(1) In general \nA covered employee may receive paid rest and recuperation leave following the completion of service in which the covered employee is deployed to respond to a qualifying incident, subject to the policies prescribed under this subsection. (2) Prescription of policies \nThe Secretary of Agriculture and the Secretary of the Interior shall prescribe uniform policies described in paragraph (1) after consulting with the other applicable Secretary. (3) Content of policies \nThe policies prescribed under paragraph (2) may include— (A) a maximum period of days in which a covered employee is deployed to respond to a qualifying incident, which shall— (i) begin on the date on which the covered employee departs from the official duty station of the covered employee and end on the date on which the covered employee returns to the official duty station of the covered employee; and (ii) be followed by a minimum number of days of rest and recuperation for the covered employee; or (B) a requirement that prohibits a covered employee from working more than 16 hours per day on average over a 14-day period during which the covered employee is deployed to respond to a qualifying incident.", "id": "id0318c90028694f5c9c477f53a4a1b3bc", "header": "Rest and recuperation leave", "nested": [], "links": [] }, { "text": "(c) Use of leave \n(1) In general \nRest and recuperation leave granted under this section— (A) shall be used during scheduled hours within the tour of duty of the applicable covered employee established for leave-charging purposes; (B) shall be paid in the same manner as annual leave; (C) shall be used immediately after a qualifying incident; and (D) may not be set aside for later use. (2) No payment \nA covered employee may not receive any payment for unused rest and recuperation leave granted under this section.", "id": "id4a7a6c105b8f44e3b2f30a563656c2a4", "header": "Use of leave", "nested": [], "links": [] }, { "text": "(d) Intermittent work schedule \nA covered employee with an intermittent work schedule— (1) shall be excused from duty during the same period of time that other covered employees in the same circumstances are entitled to rest and recuperation leave; and (2) shall receive a payment as if the covered employee were entitled to rest and recuperation leave under subsection (b).", "id": "id9fbea4024fbb49c384875ccbfbc3a076", "header": "Intermittent work schedule", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Transfer authority \nNotwithstanding section 40803(c)(2) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592(c)(2) ), not more than $5,000,000 of the unobligated balances of amounts made available under the heading Wildland Fire Management under the heading Forest Service under the heading Department of Agriculture in title VI of division J of that Act ( Public Law 117–58 ; 135 Stat. 1410) pursuant to section 40803(c)(2)(B) of that Act ( 16 U.S.C. 6592(c)(2)(B) ) may, as necessary to continue uninterrupted the Federal wildland firefighter base salary increase described in section 40803(d)(4)(B) of that Act ( 16 U.S.C. 6592(d)(4)(B) ), be transferred to and merged with the amounts made available under the heading Wildland Fire Management under the heading Department-wide programs under the heading Department of the Interior in title VI of division J of that Act ( Public Law 117–58 ; 135 Stat. 1393).", "id": "id6fdf364e4b784fa4a72751df26b8c15c", "header": "Transfer authority", "nested": [], "links": [ { "text": "16 U.S.C. 6592(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/16/6592" }, { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" }, { "text": "16 U.S.C. 6592(c)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/16/6592" }, { "text": "16 U.S.C. 6592(d)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/16/6592" }, { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" } ] }, { "text": "1. Short title \nThis Act may be cited as the Wildland Firefighter Paycheck Protection Act of 2023.", "id": "id13a60cb2-72e7-4aba-89f0-49f8b3ebb1be", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Special base rates of pay for wildland firefighters \n(a) In general \nSubchapter III of chapter 53 of title 5, United States Code, is amended by inserting after section 5332 the following: 5332a. Special base rates of pay for wildland firefighters \n(a) Definitions \nIn this section— (1) the term firefighter means an employee who— (A) is a firefighter within the meaning of section 8331(21) or section 8401(14); (B) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would otherwise qualify if the employee had transferred directly to that position after serving as a firefighter within the meaning of that section; (C) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would otherwise qualify if the employee had transferred directly to that position after performing duties described in section 8401(14)(A) for at least 3 years; or (D) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84; (2) the term General Schedule base rate means an annual rate of basic pay established under section 5332 before any additions, such as a locality-based comparability payment under section 5304 or 5304a or a special rate supplement under section 5305; (3) the term special base rate means an annual rate of basic pay payable to a wildland firefighter, before any additions or reductions, that replaces the General Schedule base rate otherwise applicable to the wildland firefighter and that is administered in the same manner as a General Schedule base rate; and (4) the term wildland firefighter means a firefighter— (A) who is employed by the Forest Service or the Department of the Interior; and (B) the duties of the position of whom relate primarily to wildland fires, as opposed to structure fires. (b) Special base rates of pay \n(1) Entitlement to special rate \nNotwithstanding section 5332, a wildland firefighter is entitled to a special base rate at grades 1 through 15, which shall— (A) replace the otherwise applicable General Schedule base rate for the wildland firefighter; (B) be basic pay for all purposes, including the purpose of computing a locality-based comparability payment under section 5304 or 5304a; and (C) be computed as described in paragraph (2) and adjusted at the time of adjustments in the General Schedule. (2) Computation \n(A) In general \nThe special base rate for a wildland firefighter shall be derived by increasing the otherwise applicable General Schedule base rate for the wildland firefighter by the following applicable percentage for the grade of the wildland firefighter and rounding the result to the nearest whole dollar: (i) For GS–1, 42 percent. (ii) For GS–2, 39 percent. (iii) For GS–3, 36 percent. (iv) For GS–4, 33 percent. (v) For GS–5, 30 percent. (vi) For GS–6, 27 percent. (vii) For GS–7, 24 percent. (viii) For GS–8, 21 percent. (ix) For GS–9, 18 percent. (x) For GS–10, 15 percent. (xi) For GS–11, 12 percent. (xii) For GS–12, 9 percent. (xiii) For GS–13, 6 percent. (xiv) For GS–14, 3 percent. (xv) For GS–15, 1.5 percent. (B) Hourly, daily, weekly, or biweekly rates \nWhen the special base rate with respect to a wildland firefighter is expressed as an hourly, daily, weekly, or biweekly rate, the special base rate shall be computed from the appropriate annual rate of basic pay derived under subparagraph (A) in accordance with the rules under section 5504(b).. (b) Clerical amendment \nThe table of sections for subchapter III of chapter 53 of title 5, United States Code, is amended by inserting after the item relating to section 5332 the following: 5332a. Special base rates of pay for wildland firefighters.. (c) Prevailing rate employees \nSection 5343 of title 5, United States Code, is amended by adding at the end the following: (g) (1) For a prevailing rate employee described in section 5342(a)(2)(A) who is a wildland firefighter, as defined in section 5332a(a), the Secretary of Agriculture or the Secretary of the Interior (as applicable) shall increase the wage rates of that employee by an amount (determined at the sole and exclusive discretion of the applicable Secretary after consultation with the other Secretary) that is generally consistent with the percentage increases given to wildland firefighters in the General Schedule under section 5332a. (2) An increased wage rate under paragraph (1) shall be basic pay for the same purposes as the wage rate otherwise established under this section. (3) An increase under this subsection may not cause the wage rate of an employee to increase to a rate that would produce an annualized rate in excess of the annual rate for level IV of the Executive Schedule.. (d) Effective date \nThe amendments made by this section shall take effect on the first day of the first applicable pay period beginning on or after October 1, 2023. (e) Applicability \nNotwithstanding section 40803(d)(4)(B) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592(d)(4)(B) ), the salary increase in such section shall not apply to the positions described in such section for service performed on or after the effective date described in subsection (d) of this section.", "id": "idcaee1029-a272-478d-b993-c39e3efe2eaa", "header": "Special base rates of pay for wildland firefighters", "nested": [ { "text": "(a) In general \nSubchapter III of chapter 53 of title 5, United States Code, is amended by inserting after section 5332 the following: 5332a. Special base rates of pay for wildland firefighters \n(a) Definitions \nIn this section— (1) the term firefighter means an employee who— (A) is a firefighter within the meaning of section 8331(21) or section 8401(14); (B) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would otherwise qualify if the employee had transferred directly to that position after serving as a firefighter within the meaning of that section; (C) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would otherwise qualify if the employee had transferred directly to that position after performing duties described in section 8401(14)(A) for at least 3 years; or (D) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84; (2) the term General Schedule base rate means an annual rate of basic pay established under section 5332 before any additions, such as a locality-based comparability payment under section 5304 or 5304a or a special rate supplement under section 5305; (3) the term special base rate means an annual rate of basic pay payable to a wildland firefighter, before any additions or reductions, that replaces the General Schedule base rate otherwise applicable to the wildland firefighter and that is administered in the same manner as a General Schedule base rate; and (4) the term wildland firefighter means a firefighter— (A) who is employed by the Forest Service or the Department of the Interior; and (B) the duties of the position of whom relate primarily to wildland fires, as opposed to structure fires. (b) Special base rates of pay \n(1) Entitlement to special rate \nNotwithstanding section 5332, a wildland firefighter is entitled to a special base rate at grades 1 through 15, which shall— (A) replace the otherwise applicable General Schedule base rate for the wildland firefighter; (B) be basic pay for all purposes, including the purpose of computing a locality-based comparability payment under section 5304 or 5304a; and (C) be computed as described in paragraph (2) and adjusted at the time of adjustments in the General Schedule. (2) Computation \n(A) In general \nThe special base rate for a wildland firefighter shall be derived by increasing the otherwise applicable General Schedule base rate for the wildland firefighter by the following applicable percentage for the grade of the wildland firefighter and rounding the result to the nearest whole dollar: (i) For GS–1, 42 percent. (ii) For GS–2, 39 percent. (iii) For GS–3, 36 percent. (iv) For GS–4, 33 percent. (v) For GS–5, 30 percent. (vi) For GS–6, 27 percent. (vii) For GS–7, 24 percent. (viii) For GS–8, 21 percent. (ix) For GS–9, 18 percent. (x) For GS–10, 15 percent. (xi) For GS–11, 12 percent. (xii) For GS–12, 9 percent. (xiii) For GS–13, 6 percent. (xiv) For GS–14, 3 percent. (xv) For GS–15, 1.5 percent. (B) Hourly, daily, weekly, or biweekly rates \nWhen the special base rate with respect to a wildland firefighter is expressed as an hourly, daily, weekly, or biweekly rate, the special base rate shall be computed from the appropriate annual rate of basic pay derived under subparagraph (A) in accordance with the rules under section 5504(b)..", "id": "idf0392441-a385-4f72-b567-f19ce46be0a2", "header": "In general", "nested": [], "links": [ { "text": "chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/53" }, { "text": "section 5332", "legal-doc": "usc", "parsable-cite": "usc/5/5332" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for subchapter III of chapter 53 of title 5, United States Code, is amended by inserting after the item relating to section 5332 the following: 5332a. Special base rates of pay for wildland firefighters..", "id": "idd3a19493-2e64-4aa2-8124-1c9899f3fc40", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/53" }, { "text": "section 5332", "legal-doc": "usc", "parsable-cite": "usc/5/5332" } ] }, { "text": "(c) Prevailing rate employees \nSection 5343 of title 5, United States Code, is amended by adding at the end the following: (g) (1) For a prevailing rate employee described in section 5342(a)(2)(A) who is a wildland firefighter, as defined in section 5332a(a), the Secretary of Agriculture or the Secretary of the Interior (as applicable) shall increase the wage rates of that employee by an amount (determined at the sole and exclusive discretion of the applicable Secretary after consultation with the other Secretary) that is generally consistent with the percentage increases given to wildland firefighters in the General Schedule under section 5332a. (2) An increased wage rate under paragraph (1) shall be basic pay for the same purposes as the wage rate otherwise established under this section. (3) An increase under this subsection may not cause the wage rate of an employee to increase to a rate that would produce an annualized rate in excess of the annual rate for level IV of the Executive Schedule..", "id": "id0eb875e7-7ae0-460f-8b3c-eb3cf1410f8f", "header": "Prevailing rate employees", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall take effect on the first day of the first applicable pay period beginning on or after October 1, 2023.", "id": "idd7216e8e-2886-49d5-a4c6-846ed8be6d16", "header": "Effective date", "nested": [], "links": [] }, { "text": "(e) Applicability \nNotwithstanding section 40803(d)(4)(B) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592(d)(4)(B) ), the salary increase in such section shall not apply to the positions described in such section for service performed on or after the effective date described in subsection (d) of this section.", "id": "id55205135-539a-4dfc-ae15-9a518a76c3b2", "header": "Applicability", "nested": [], "links": [ { "text": "16 U.S.C. 6592(d)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/16/6592" } ] } ], "links": [ { "text": "chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/53" }, { "text": "section 5332", "legal-doc": "usc", "parsable-cite": "usc/5/5332" }, { "text": "chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/53" }, { "text": "section 5332", "legal-doc": "usc", "parsable-cite": "usc/5/5332" }, { "text": "16 U.S.C. 6592(d)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/16/6592" } ] }, { "text": "5332a. Special base rates of pay for wildland firefighters \n(a) Definitions \nIn this section— (1) the term firefighter means an employee who— (A) is a firefighter within the meaning of section 8331(21) or section 8401(14); (B) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would otherwise qualify if the employee had transferred directly to that position after serving as a firefighter within the meaning of that section; (C) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would otherwise qualify if the employee had transferred directly to that position after performing duties described in section 8401(14)(A) for at least 3 years; or (D) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84; (2) the term General Schedule base rate means an annual rate of basic pay established under section 5332 before any additions, such as a locality-based comparability payment under section 5304 or 5304a or a special rate supplement under section 5305; (3) the term special base rate means an annual rate of basic pay payable to a wildland firefighter, before any additions or reductions, that replaces the General Schedule base rate otherwise applicable to the wildland firefighter and that is administered in the same manner as a General Schedule base rate; and (4) the term wildland firefighter means a firefighter— (A) who is employed by the Forest Service or the Department of the Interior; and (B) the duties of the position of whom relate primarily to wildland fires, as opposed to structure fires. (b) Special base rates of pay \n(1) Entitlement to special rate \nNotwithstanding section 5332, a wildland firefighter is entitled to a special base rate at grades 1 through 15, which shall— (A) replace the otherwise applicable General Schedule base rate for the wildland firefighter; (B) be basic pay for all purposes, including the purpose of computing a locality-based comparability payment under section 5304 or 5304a; and (C) be computed as described in paragraph (2) and adjusted at the time of adjustments in the General Schedule. (2) Computation \n(A) In general \nThe special base rate for a wildland firefighter shall be derived by increasing the otherwise applicable General Schedule base rate for the wildland firefighter by the following applicable percentage for the grade of the wildland firefighter and rounding the result to the nearest whole dollar: (i) For GS–1, 42 percent. (ii) For GS–2, 39 percent. (iii) For GS–3, 36 percent. (iv) For GS–4, 33 percent. (v) For GS–5, 30 percent. (vi) For GS–6, 27 percent. (vii) For GS–7, 24 percent. (viii) For GS–8, 21 percent. (ix) For GS–9, 18 percent. (x) For GS–10, 15 percent. (xi) For GS–11, 12 percent. (xii) For GS–12, 9 percent. (xiii) For GS–13, 6 percent. (xiv) For GS–14, 3 percent. (xv) For GS–15, 1.5 percent. (B) Hourly, daily, weekly, or biweekly rates \nWhen the special base rate with respect to a wildland firefighter is expressed as an hourly, daily, weekly, or biweekly rate, the special base rate shall be computed from the appropriate annual rate of basic pay derived under subparagraph (A) in accordance with the rules under section 5504(b).", "id": "idf3ca7f69-3b09-49c2-a299-236afd62ac24", "header": "Special base rates of pay for wildland firefighters", "nested": [ { "text": "(a) Definitions \nIn this section— (1) the term firefighter means an employee who— (A) is a firefighter within the meaning of section 8331(21) or section 8401(14); (B) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would otherwise qualify if the employee had transferred directly to that position after serving as a firefighter within the meaning of that section; (C) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would otherwise qualify if the employee had transferred directly to that position after performing duties described in section 8401(14)(A) for at least 3 years; or (D) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84; (2) the term General Schedule base rate means an annual rate of basic pay established under section 5332 before any additions, such as a locality-based comparability payment under section 5304 or 5304a or a special rate supplement under section 5305; (3) the term special base rate means an annual rate of basic pay payable to a wildland firefighter, before any additions or reductions, that replaces the General Schedule base rate otherwise applicable to the wildland firefighter and that is administered in the same manner as a General Schedule base rate; and (4) the term wildland firefighter means a firefighter— (A) who is employed by the Forest Service or the Department of the Interior; and (B) the duties of the position of whom relate primarily to wildland fires, as opposed to structure fires.", "id": "idbf1d2e3a-9d79-474a-9cca-17c4f5b1f7ab", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Special base rates of pay \n(1) Entitlement to special rate \nNotwithstanding section 5332, a wildland firefighter is entitled to a special base rate at grades 1 through 15, which shall— (A) replace the otherwise applicable General Schedule base rate for the wildland firefighter; (B) be basic pay for all purposes, including the purpose of computing a locality-based comparability payment under section 5304 or 5304a; and (C) be computed as described in paragraph (2) and adjusted at the time of adjustments in the General Schedule. (2) Computation \n(A) In general \nThe special base rate for a wildland firefighter shall be derived by increasing the otherwise applicable General Schedule base rate for the wildland firefighter by the following applicable percentage for the grade of the wildland firefighter and rounding the result to the nearest whole dollar: (i) For GS–1, 42 percent. (ii) For GS–2, 39 percent. (iii) For GS–3, 36 percent. (iv) For GS–4, 33 percent. (v) For GS–5, 30 percent. (vi) For GS–6, 27 percent. (vii) For GS–7, 24 percent. (viii) For GS–8, 21 percent. (ix) For GS–9, 18 percent. (x) For GS–10, 15 percent. (xi) For GS–11, 12 percent. (xii) For GS–12, 9 percent. (xiii) For GS–13, 6 percent. (xiv) For GS–14, 3 percent. (xv) For GS–15, 1.5 percent. (B) Hourly, daily, weekly, or biweekly rates \nWhen the special base rate with respect to a wildland firefighter is expressed as an hourly, daily, weekly, or biweekly rate, the special base rate shall be computed from the appropriate annual rate of basic pay derived under subparagraph (A) in accordance with the rules under section 5504(b).", "id": "idf8b56c71-33c5-4b36-9735-0262e1f213c5", "header": "Special base rates of pay", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Wildland fire incident response premium pay \n(a) In general \nSubchapter V of chapter 55 of title 5, United Sates Code, is amended by inserting after section 5545b the following: 5545c. Incident response premium pay for employees engaged in wildland firefighting \n(a) Definitions \nIn this section— (1) the term appropriate committees of Congress means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (D) the Committee on Appropriations of the Senate; (E) the Committee on Oversight and Accountability of the House of Representatives; (F) the Committee on Agriculture of the House of Representatives; (G) the Committee on Natural Resources of the House of Representatives; and (H) the Committee on Appropriations of the House of Representatives; (2) the term covered employee means an employee of the Forest Service or the Department of the Interior who is— (A) a wildland firefighter, as defined in section 5332a(a); or (B) certified by the applicable agency to perform wildland fire incident-related duties during the period that employee is deployed to respond to a qualifying incident; (3) the term incident response premium pay means pay to which a covered employee is entitled under subsection (c); (4) the term prescribed fire incident means a wildland fire originating from a planned ignition in accordance with applicable laws, policies, and regulations to meet specific objectives; (5) the term qualifying incident — (A) means— (i) a wildfire incident, a prescribed fire incident, or a severity incident; or (ii) an incident that the Secretary of Agriculture or the Secretary of the Interior determines is similar in nature to an incident described in clause (i); and (B) does not include an initial response (including an initial attack fire) in which a wildfire is contained within 36 hours; and (6) the term severity incident means an incident in which a covered employee is pre-positioned in an area in which conditions indicate there is a high risk of wildfires. (b) Eligibility \nA covered employee is eligible for incident response premium pay under this section if— (1) the covered employee is deployed to respond to a qualifying incident; and (2) the deployment described in paragraph (1) is— (A) outside of the official duty station of the covered employee; or (B) within the official duty station of the covered employee and the covered employee is assigned to an incident-adjacent fire camp or other designated field location. (c) Entitlement to incident response premium pay \n(1) In general \nA covered employee who satisfies the conditions under subsection (b) is entitled to premium pay for the period in which the covered employee is deployed to respond to the applicable qualifying incident. (2) Computation \n(A) Formula \nSubject to subparagraphs (B) and (C), premium pay under paragraph (1) shall be paid to a covered employee at a daily rate of 450 percent of the hourly rate of basic pay of the covered employee for each day that the covered employee satisfies the requirements under subsection (b), rounded to the nearest whole cent. (B) Limitation \nPremium pay under this subsection— (i) with respect to a covered employee for whom the annual rate of basic pay is greater than that for step 10 of GS–10, shall be paid at the daily rate established under subparagraph (A) for the applicable rate for step 10 of GS–10 (where the applicable rate is the rate in effect in the same locality that is the basis for a locality-based comparability payment payable to the covered employee under section 5304); and (ii) may not be paid to a covered employee in a total amount that exceeds $9,000 in any calendar year. (C) Adjustments \n(i) Assessment \nThe Secretary of Agriculture and the Secretary of the Interior shall assess the difference between the average total amount of compensation that was paid to covered employees, by grade, in fiscal years 2023 and 2024. (ii) Report \nNot later than 180 days after the date that is 1 year after the effective date of this section, the Secretary of Agriculture and the Secretary of the Interior shall jointly publish a report on the results of the assessment conducted under clause (i). (iii) Administrative actions \nAfter publishing the report required under clause (ii), the Secretary of Agriculture and the Secretary of the Interior, in consultation with the Director of the Office of Personnel Management, may, in the sole and exclusive discretion of the Secretaries acting jointly, administratively adjust the amount of premium pay paid under this subsection (or take other administrative action) to ensure that the average annual amount of total compensation paid to covered employees, by grade, is more consistent with such amount that was paid to those employees in fiscal year 2023. (iv) Congressional notification \nNot later than 3 days after an adjustment made, or other administrative action taken, under clause (iii) becomes final, the Secretary of Agriculture and the Secretary of the Interior shall jointly submit to the appropriate committees of Congress a notification regarding that adjustment or other administrative action, as applicable. (d) Treatment of incident response premium pay \nIncident response premium pay under this section— (1) is not considered part of the basic pay of a covered employee for any purpose; (2) may not be considered in determining the lump-sum payment of a covered employee for accumulated and accrued annual leave under section 5551 or section 5552; (3) may not be used in determining pay under section 8114; (4) may not be considered in determining pay for hours of paid leave or other paid time off during which the premium pay is not payable; and (5) shall be disregarded in determining the minimum wage and overtime pay to which a covered employee is entitled under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ).. (b) Additional premium pay amendments \nSubchapter V of chapter 55 of title 5, United States Code, is amended— (1) in section 5544— (A) by amending the section heading to read as follows: Wage-board overtime, Sunday rates, and other premium pay ; and (B) by adding at the end the following: (d) A prevailing rate employee described in section 5342(a)(2)(A) shall receive incident response premium pay under the same terms and conditions that apply to a covered employee under section 5545c if that employee— (1) is employed by the Forest Service or the Department of the Interior; and (2) (A) is a wildland firefighter, as defined in section 5332a(a); or (B) is certified by the applicable agency to perform wildland fire incident-related duties during the period the employee is deployed to respond to a qualifying incident (as defined in section 5545c(a)). ; and (2) in section 5547(a), in the matter preceding paragraph (1), by inserting 5545c, after 5545a,. (c) Clerical amendments \nThe table of sections for subchapter V of chapter 55 of title 5, United States Code, is amended— (1) by amending the item relating to section 5544 to read as follows: 5544. Wage-board overtime, Sunday rates, and other premium pay. ; and (2) by inserting after the item relating to section 5545b the following: 5545c. Incident response premium pay for employees engaged in wildland firefighting.. (d) Effective date \nThe amendments made by this section shall take effect on the first day of the first applicable pay period beginning on or after October 1, 2023.", "id": "id7e3e3be2-a17b-4232-aeff-0078274ac88c", "header": "Wildland fire incident response premium pay", "nested": [ { "text": "(a) In general \nSubchapter V of chapter 55 of title 5, United Sates Code, is amended by inserting after section 5545b the following: 5545c. Incident response premium pay for employees engaged in wildland firefighting \n(a) Definitions \nIn this section— (1) the term appropriate committees of Congress means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (D) the Committee on Appropriations of the Senate; (E) the Committee on Oversight and Accountability of the House of Representatives; (F) the Committee on Agriculture of the House of Representatives; (G) the Committee on Natural Resources of the House of Representatives; and (H) the Committee on Appropriations of the House of Representatives; (2) the term covered employee means an employee of the Forest Service or the Department of the Interior who is— (A) a wildland firefighter, as defined in section 5332a(a); or (B) certified by the applicable agency to perform wildland fire incident-related duties during the period that employee is deployed to respond to a qualifying incident; (3) the term incident response premium pay means pay to which a covered employee is entitled under subsection (c); (4) the term prescribed fire incident means a wildland fire originating from a planned ignition in accordance with applicable laws, policies, and regulations to meet specific objectives; (5) the term qualifying incident — (A) means— (i) a wildfire incident, a prescribed fire incident, or a severity incident; or (ii) an incident that the Secretary of Agriculture or the Secretary of the Interior determines is similar in nature to an incident described in clause (i); and (B) does not include an initial response (including an initial attack fire) in which a wildfire is contained within 36 hours; and (6) the term severity incident means an incident in which a covered employee is pre-positioned in an area in which conditions indicate there is a high risk of wildfires. (b) Eligibility \nA covered employee is eligible for incident response premium pay under this section if— (1) the covered employee is deployed to respond to a qualifying incident; and (2) the deployment described in paragraph (1) is— (A) outside of the official duty station of the covered employee; or (B) within the official duty station of the covered employee and the covered employee is assigned to an incident-adjacent fire camp or other designated field location. (c) Entitlement to incident response premium pay \n(1) In general \nA covered employee who satisfies the conditions under subsection (b) is entitled to premium pay for the period in which the covered employee is deployed to respond to the applicable qualifying incident. (2) Computation \n(A) Formula \nSubject to subparagraphs (B) and (C), premium pay under paragraph (1) shall be paid to a covered employee at a daily rate of 450 percent of the hourly rate of basic pay of the covered employee for each day that the covered employee satisfies the requirements under subsection (b), rounded to the nearest whole cent. (B) Limitation \nPremium pay under this subsection— (i) with respect to a covered employee for whom the annual rate of basic pay is greater than that for step 10 of GS–10, shall be paid at the daily rate established under subparagraph (A) for the applicable rate for step 10 of GS–10 (where the applicable rate is the rate in effect in the same locality that is the basis for a locality-based comparability payment payable to the covered employee under section 5304); and (ii) may not be paid to a covered employee in a total amount that exceeds $9,000 in any calendar year. (C) Adjustments \n(i) Assessment \nThe Secretary of Agriculture and the Secretary of the Interior shall assess the difference between the average total amount of compensation that was paid to covered employees, by grade, in fiscal years 2023 and 2024. (ii) Report \nNot later than 180 days after the date that is 1 year after the effective date of this section, the Secretary of Agriculture and the Secretary of the Interior shall jointly publish a report on the results of the assessment conducted under clause (i). (iii) Administrative actions \nAfter publishing the report required under clause (ii), the Secretary of Agriculture and the Secretary of the Interior, in consultation with the Director of the Office of Personnel Management, may, in the sole and exclusive discretion of the Secretaries acting jointly, administratively adjust the amount of premium pay paid under this subsection (or take other administrative action) to ensure that the average annual amount of total compensation paid to covered employees, by grade, is more consistent with such amount that was paid to those employees in fiscal year 2023. (iv) Congressional notification \nNot later than 3 days after an adjustment made, or other administrative action taken, under clause (iii) becomes final, the Secretary of Agriculture and the Secretary of the Interior shall jointly submit to the appropriate committees of Congress a notification regarding that adjustment or other administrative action, as applicable. (d) Treatment of incident response premium pay \nIncident response premium pay under this section— (1) is not considered part of the basic pay of a covered employee for any purpose; (2) may not be considered in determining the lump-sum payment of a covered employee for accumulated and accrued annual leave under section 5551 or section 5552; (3) may not be used in determining pay under section 8114; (4) may not be considered in determining pay for hours of paid leave or other paid time off during which the premium pay is not payable; and (5) shall be disregarded in determining the minimum wage and overtime pay to which a covered employee is entitled under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. )..", "id": "ide7bab6ba-909c-464d-ab26-e50a3d8558b6", "header": "In general", "nested": [], "links": [ { "text": "chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/55" }, { "text": "29 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/201" } ] }, { "text": "(b) Additional premium pay amendments \nSubchapter V of chapter 55 of title 5, United States Code, is amended— (1) in section 5544— (A) by amending the section heading to read as follows: Wage-board overtime, Sunday rates, and other premium pay ; and (B) by adding at the end the following: (d) A prevailing rate employee described in section 5342(a)(2)(A) shall receive incident response premium pay under the same terms and conditions that apply to a covered employee under section 5545c if that employee— (1) is employed by the Forest Service or the Department of the Interior; and (2) (A) is a wildland firefighter, as defined in section 5332a(a); or (B) is certified by the applicable agency to perform wildland fire incident-related duties during the period the employee is deployed to respond to a qualifying incident (as defined in section 5545c(a)). ; and (2) in section 5547(a), in the matter preceding paragraph (1), by inserting 5545c, after 5545a,.", "id": "id8304032c-b51d-4e7d-b36a-9a147726413f", "header": "Additional premium pay amendments", "nested": [], "links": [ { "text": "chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/55" } ] }, { "text": "(c) Clerical amendments \nThe table of sections for subchapter V of chapter 55 of title 5, United States Code, is amended— (1) by amending the item relating to section 5544 to read as follows: 5544. Wage-board overtime, Sunday rates, and other premium pay. ; and (2) by inserting after the item relating to section 5545b the following: 5545c. Incident response premium pay for employees engaged in wildland firefighting..", "id": "id4f5ab5a3-7391-42df-b5c3-bf514000151a", "header": "Clerical amendments", "nested": [], "links": [ { "text": "chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/55" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall take effect on the first day of the first applicable pay period beginning on or after October 1, 2023.", "id": "id50063069-87fe-41e9-9c1f-10e7a3cb3ba8", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/55" }, { "text": "29 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/201" }, { "text": "chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/55" }, { "text": "chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/55" } ] }, { "text": "5545c. Incident response premium pay for employees engaged in wildland firefighting \n(a) Definitions \nIn this section— (1) the term appropriate committees of Congress means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (D) the Committee on Appropriations of the Senate; (E) the Committee on Oversight and Accountability of the House of Representatives; (F) the Committee on Agriculture of the House of Representatives; (G) the Committee on Natural Resources of the House of Representatives; and (H) the Committee on Appropriations of the House of Representatives; (2) the term covered employee means an employee of the Forest Service or the Department of the Interior who is— (A) a wildland firefighter, as defined in section 5332a(a); or (B) certified by the applicable agency to perform wildland fire incident-related duties during the period that employee is deployed to respond to a qualifying incident; (3) the term incident response premium pay means pay to which a covered employee is entitled under subsection (c); (4) the term prescribed fire incident means a wildland fire originating from a planned ignition in accordance with applicable laws, policies, and regulations to meet specific objectives; (5) the term qualifying incident — (A) means— (i) a wildfire incident, a prescribed fire incident, or a severity incident; or (ii) an incident that the Secretary of Agriculture or the Secretary of the Interior determines is similar in nature to an incident described in clause (i); and (B) does not include an initial response (including an initial attack fire) in which a wildfire is contained within 36 hours; and (6) the term severity incident means an incident in which a covered employee is pre-positioned in an area in which conditions indicate there is a high risk of wildfires. (b) Eligibility \nA covered employee is eligible for incident response premium pay under this section if— (1) the covered employee is deployed to respond to a qualifying incident; and (2) the deployment described in paragraph (1) is— (A) outside of the official duty station of the covered employee; or (B) within the official duty station of the covered employee and the covered employee is assigned to an incident-adjacent fire camp or other designated field location. (c) Entitlement to incident response premium pay \n(1) In general \nA covered employee who satisfies the conditions under subsection (b) is entitled to premium pay for the period in which the covered employee is deployed to respond to the applicable qualifying incident. (2) Computation \n(A) Formula \nSubject to subparagraphs (B) and (C), premium pay under paragraph (1) shall be paid to a covered employee at a daily rate of 450 percent of the hourly rate of basic pay of the covered employee for each day that the covered employee satisfies the requirements under subsection (b), rounded to the nearest whole cent. (B) Limitation \nPremium pay under this subsection— (i) with respect to a covered employee for whom the annual rate of basic pay is greater than that for step 10 of GS–10, shall be paid at the daily rate established under subparagraph (A) for the applicable rate for step 10 of GS–10 (where the applicable rate is the rate in effect in the same locality that is the basis for a locality-based comparability payment payable to the covered employee under section 5304); and (ii) may not be paid to a covered employee in a total amount that exceeds $9,000 in any calendar year. (C) Adjustments \n(i) Assessment \nThe Secretary of Agriculture and the Secretary of the Interior shall assess the difference between the average total amount of compensation that was paid to covered employees, by grade, in fiscal years 2023 and 2024. (ii) Report \nNot later than 180 days after the date that is 1 year after the effective date of this section, the Secretary of Agriculture and the Secretary of the Interior shall jointly publish a report on the results of the assessment conducted under clause (i). (iii) Administrative actions \nAfter publishing the report required under clause (ii), the Secretary of Agriculture and the Secretary of the Interior, in consultation with the Director of the Office of Personnel Management, may, in the sole and exclusive discretion of the Secretaries acting jointly, administratively adjust the amount of premium pay paid under this subsection (or take other administrative action) to ensure that the average annual amount of total compensation paid to covered employees, by grade, is more consistent with such amount that was paid to those employees in fiscal year 2023. (iv) Congressional notification \nNot later than 3 days after an adjustment made, or other administrative action taken, under clause (iii) becomes final, the Secretary of Agriculture and the Secretary of the Interior shall jointly submit to the appropriate committees of Congress a notification regarding that adjustment or other administrative action, as applicable. (d) Treatment of incident response premium pay \nIncident response premium pay under this section— (1) is not considered part of the basic pay of a covered employee for any purpose; (2) may not be considered in determining the lump-sum payment of a covered employee for accumulated and accrued annual leave under section 5551 or section 5552; (3) may not be used in determining pay under section 8114; (4) may not be considered in determining pay for hours of paid leave or other paid time off during which the premium pay is not payable; and (5) shall be disregarded in determining the minimum wage and overtime pay to which a covered employee is entitled under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ).", "id": "id8af1e656-5791-49a4-9535-3e8da423bed8", "header": "Incident response premium pay for employees engaged in wildland firefighting", "nested": [ { "text": "(a) Definitions \nIn this section— (1) the term appropriate committees of Congress means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (D) the Committee on Appropriations of the Senate; (E) the Committee on Oversight and Accountability of the House of Representatives; (F) the Committee on Agriculture of the House of Representatives; (G) the Committee on Natural Resources of the House of Representatives; and (H) the Committee on Appropriations of the House of Representatives; (2) the term covered employee means an employee of the Forest Service or the Department of the Interior who is— (A) a wildland firefighter, as defined in section 5332a(a); or (B) certified by the applicable agency to perform wildland fire incident-related duties during the period that employee is deployed to respond to a qualifying incident; (3) the term incident response premium pay means pay to which a covered employee is entitled under subsection (c); (4) the term prescribed fire incident means a wildland fire originating from a planned ignition in accordance with applicable laws, policies, and regulations to meet specific objectives; (5) the term qualifying incident — (A) means— (i) a wildfire incident, a prescribed fire incident, or a severity incident; or (ii) an incident that the Secretary of Agriculture or the Secretary of the Interior determines is similar in nature to an incident described in clause (i); and (B) does not include an initial response (including an initial attack fire) in which a wildfire is contained within 36 hours; and (6) the term severity incident means an incident in which a covered employee is pre-positioned in an area in which conditions indicate there is a high risk of wildfires.", "id": "id36507da1-b01f-4a37-b18c-43ee2dc60046", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Eligibility \nA covered employee is eligible for incident response premium pay under this section if— (1) the covered employee is deployed to respond to a qualifying incident; and (2) the deployment described in paragraph (1) is— (A) outside of the official duty station of the covered employee; or (B) within the official duty station of the covered employee and the covered employee is assigned to an incident-adjacent fire camp or other designated field location.", "id": "id0ff67f3c-d968-4ea8-b859-d96c1a192257", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(c) Entitlement to incident response premium pay \n(1) In general \nA covered employee who satisfies the conditions under subsection (b) is entitled to premium pay for the period in which the covered employee is deployed to respond to the applicable qualifying incident. (2) Computation \n(A) Formula \nSubject to subparagraphs (B) and (C), premium pay under paragraph (1) shall be paid to a covered employee at a daily rate of 450 percent of the hourly rate of basic pay of the covered employee for each day that the covered employee satisfies the requirements under subsection (b), rounded to the nearest whole cent. (B) Limitation \nPremium pay under this subsection— (i) with respect to a covered employee for whom the annual rate of basic pay is greater than that for step 10 of GS–10, shall be paid at the daily rate established under subparagraph (A) for the applicable rate for step 10 of GS–10 (where the applicable rate is the rate in effect in the same locality that is the basis for a locality-based comparability payment payable to the covered employee under section 5304); and (ii) may not be paid to a covered employee in a total amount that exceeds $9,000 in any calendar year. (C) Adjustments \n(i) Assessment \nThe Secretary of Agriculture and the Secretary of the Interior shall assess the difference between the average total amount of compensation that was paid to covered employees, by grade, in fiscal years 2023 and 2024. (ii) Report \nNot later than 180 days after the date that is 1 year after the effective date of this section, the Secretary of Agriculture and the Secretary of the Interior shall jointly publish a report on the results of the assessment conducted under clause (i). (iii) Administrative actions \nAfter publishing the report required under clause (ii), the Secretary of Agriculture and the Secretary of the Interior, in consultation with the Director of the Office of Personnel Management, may, in the sole and exclusive discretion of the Secretaries acting jointly, administratively adjust the amount of premium pay paid under this subsection (or take other administrative action) to ensure that the average annual amount of total compensation paid to covered employees, by grade, is more consistent with such amount that was paid to those employees in fiscal year 2023. (iv) Congressional notification \nNot later than 3 days after an adjustment made, or other administrative action taken, under clause (iii) becomes final, the Secretary of Agriculture and the Secretary of the Interior shall jointly submit to the appropriate committees of Congress a notification regarding that adjustment or other administrative action, as applicable.", "id": "idf3e698ae-3615-49bd-9843-13d0133e9620", "header": "Entitlement to incident response premium pay", "nested": [], "links": [] }, { "text": "(d) Treatment of incident response premium pay \nIncident response premium pay under this section— (1) is not considered part of the basic pay of a covered employee for any purpose; (2) may not be considered in determining the lump-sum payment of a covered employee for accumulated and accrued annual leave under section 5551 or section 5552; (3) may not be used in determining pay under section 8114; (4) may not be considered in determining pay for hours of paid leave or other paid time off during which the premium pay is not payable; and (5) shall be disregarded in determining the minimum wage and overtime pay to which a covered employee is entitled under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ).", "id": "idf3a57d59-1bb5-493f-8f80-9b66dbda358f", "header": "Treatment of incident response premium pay", "nested": [], "links": [ { "text": "29 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/201" } ] } ], "links": [ { "text": "29 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/201" } ] }, { "text": "4. Rest and recuperation leave for employees engaged in wildland firefighting \n(a) In general \nSubchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following: 6329e. Rest and recuperation leave for employees engaged in wildland firefighting \n(a) Definitions \nIn this section— (1) the term applicable Secretary means the Secretary of Agriculture or the Secretary of the Interior, as applicable to a covered employee; (2) the term covered employee means an employee of the Forest Service or the Department of the Interior who— (A) qualifies as a wildland firefighter based on the definitions of the terms firefighter and wildland firefighter in section 5332a(a) (applying the definition of employee in section 6301(2) in lieu of the definition of employee in section 5331(a)); or (B) is certified by the applicable Secretary to perform wildland fire incident-related duties during the period the employee is deployed to respond to a qualifying incident; and (3) the term qualifying incident has the meaning given the term in section 5545c(a). (b) Rest and recuperation leave \n(1) In general \nA covered employee may receive paid rest and recuperation leave following the completion of service in which the covered employee is deployed to respond to a qualifying incident, subject to the policies prescribed under this subsection. (2) Prescription of policies \nThe Secretary of Agriculture and the Secretary of the Interior shall, in the sole and exclusive discretion of the Secretaries acting jointly, prescribe uniform policies described in paragraph (1) after consulting with the other applicable Secretary. (3) Content of policies \nThe policies prescribed under paragraph (2) may include— (A) a maximum period of days in which a covered employee is deployed to respond to a qualifying incident, which shall— (i) begin on the date on which the covered employee departs from the official duty station of the covered employee and end on the date on which the covered employee returns to the official duty station of the covered employee; and (ii) be followed by a minimum number of days of rest and recuperation for the covered employee; or (B) a requirement that prohibits a covered employee from working more than 16 hours per day on average over a 14-day period during which the covered employee is deployed to respond to a qualifying incident. (c) Use of leave \n(1) In general \nRest and recuperation leave granted under this section— (A) shall be used during scheduled hours within the tour of duty of the applicable covered employee established for leave-charging purposes; (B) shall be paid in the same manner as annual leave; (C) shall be used immediately after a qualifying incident; and (D) may not be set aside for later use. (2) No payment \nA covered employee may not receive any payment for unused rest and recuperation leave granted under this section. (d) Intermittent work schedule \nA covered employee with an intermittent work schedule— (1) shall be excused from duty during the same period of time that other covered employees in the same circumstances are entitled to rest and recuperation leave; and (2) shall receive a payment as if the covered employee were entitled to rest and recuperation leave under subsection (b).. (b) Technical and conforming amendment \nThe table of sections for subchapter II of chapter 63 of title 5, United States Code, is amended by inserting after the item relating to section 6329d the following: 6329e. Rest and recuperation leave for employees engaged in wildland firefighting..", "id": "id8552cbdd-739b-4446-b8f8-0b014f128a1a", "header": "Rest and recuperation leave for employees engaged in wildland firefighting", "nested": [ { "text": "(a) In general \nSubchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following: 6329e. Rest and recuperation leave for employees engaged in wildland firefighting \n(a) Definitions \nIn this section— (1) the term applicable Secretary means the Secretary of Agriculture or the Secretary of the Interior, as applicable to a covered employee; (2) the term covered employee means an employee of the Forest Service or the Department of the Interior who— (A) qualifies as a wildland firefighter based on the definitions of the terms firefighter and wildland firefighter in section 5332a(a) (applying the definition of employee in section 6301(2) in lieu of the definition of employee in section 5331(a)); or (B) is certified by the applicable Secretary to perform wildland fire incident-related duties during the period the employee is deployed to respond to a qualifying incident; and (3) the term qualifying incident has the meaning given the term in section 5545c(a). (b) Rest and recuperation leave \n(1) In general \nA covered employee may receive paid rest and recuperation leave following the completion of service in which the covered employee is deployed to respond to a qualifying incident, subject to the policies prescribed under this subsection. (2) Prescription of policies \nThe Secretary of Agriculture and the Secretary of the Interior shall, in the sole and exclusive discretion of the Secretaries acting jointly, prescribe uniform policies described in paragraph (1) after consulting with the other applicable Secretary. (3) Content of policies \nThe policies prescribed under paragraph (2) may include— (A) a maximum period of days in which a covered employee is deployed to respond to a qualifying incident, which shall— (i) begin on the date on which the covered employee departs from the official duty station of the covered employee and end on the date on which the covered employee returns to the official duty station of the covered employee; and (ii) be followed by a minimum number of days of rest and recuperation for the covered employee; or (B) a requirement that prohibits a covered employee from working more than 16 hours per day on average over a 14-day period during which the covered employee is deployed to respond to a qualifying incident. (c) Use of leave \n(1) In general \nRest and recuperation leave granted under this section— (A) shall be used during scheduled hours within the tour of duty of the applicable covered employee established for leave-charging purposes; (B) shall be paid in the same manner as annual leave; (C) shall be used immediately after a qualifying incident; and (D) may not be set aside for later use. (2) No payment \nA covered employee may not receive any payment for unused rest and recuperation leave granted under this section. (d) Intermittent work schedule \nA covered employee with an intermittent work schedule— (1) shall be excused from duty during the same period of time that other covered employees in the same circumstances are entitled to rest and recuperation leave; and (2) shall receive a payment as if the covered employee were entitled to rest and recuperation leave under subsection (b)..", "id": "id7611dd1b-746e-4ccc-abbb-1ac64d9d295d", "header": "In general", "nested": [], "links": [ { "text": "chapter 63", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/63" } ] }, { "text": "(b) Technical and conforming amendment \nThe table of sections for subchapter II of chapter 63 of title 5, United States Code, is amended by inserting after the item relating to section 6329d the following: 6329e. Rest and recuperation leave for employees engaged in wildland firefighting..", "id": "id365717ef-bbea-40bc-b770-09847a0240d4", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "chapter 63", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/63" }, { "text": "section 6329d", "legal-doc": "usc", "parsable-cite": "usc/5/6329d" } ] } ], "links": [ { "text": "chapter 63", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/63" }, { "text": "chapter 63", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/63" }, { "text": "section 6329d", "legal-doc": "usc", "parsable-cite": "usc/5/6329d" } ] }, { "text": "6329e. Rest and recuperation leave for employees engaged in wildland firefighting \n(a) Definitions \nIn this section— (1) the term applicable Secretary means the Secretary of Agriculture or the Secretary of the Interior, as applicable to a covered employee; (2) the term covered employee means an employee of the Forest Service or the Department of the Interior who— (A) qualifies as a wildland firefighter based on the definitions of the terms firefighter and wildland firefighter in section 5332a(a) (applying the definition of employee in section 6301(2) in lieu of the definition of employee in section 5331(a)); or (B) is certified by the applicable Secretary to perform wildland fire incident-related duties during the period the employee is deployed to respond to a qualifying incident; and (3) the term qualifying incident has the meaning given the term in section 5545c(a). (b) Rest and recuperation leave \n(1) In general \nA covered employee may receive paid rest and recuperation leave following the completion of service in which the covered employee is deployed to respond to a qualifying incident, subject to the policies prescribed under this subsection. (2) Prescription of policies \nThe Secretary of Agriculture and the Secretary of the Interior shall, in the sole and exclusive discretion of the Secretaries acting jointly, prescribe uniform policies described in paragraph (1) after consulting with the other applicable Secretary. (3) Content of policies \nThe policies prescribed under paragraph (2) may include— (A) a maximum period of days in which a covered employee is deployed to respond to a qualifying incident, which shall— (i) begin on the date on which the covered employee departs from the official duty station of the covered employee and end on the date on which the covered employee returns to the official duty station of the covered employee; and (ii) be followed by a minimum number of days of rest and recuperation for the covered employee; or (B) a requirement that prohibits a covered employee from working more than 16 hours per day on average over a 14-day period during which the covered employee is deployed to respond to a qualifying incident. (c) Use of leave \n(1) In general \nRest and recuperation leave granted under this section— (A) shall be used during scheduled hours within the tour of duty of the applicable covered employee established for leave-charging purposes; (B) shall be paid in the same manner as annual leave; (C) shall be used immediately after a qualifying incident; and (D) may not be set aside for later use. (2) No payment \nA covered employee may not receive any payment for unused rest and recuperation leave granted under this section. (d) Intermittent work schedule \nA covered employee with an intermittent work schedule— (1) shall be excused from duty during the same period of time that other covered employees in the same circumstances are entitled to rest and recuperation leave; and (2) shall receive a payment as if the covered employee were entitled to rest and recuperation leave under subsection (b).", "id": "idbdddad20-4c55-4cf3-9c38-7c2b2673b0a1", "header": "Rest and recuperation leave for employees engaged in wildland firefighting", "nested": [ { "text": "(a) Definitions \nIn this section— (1) the term applicable Secretary means the Secretary of Agriculture or the Secretary of the Interior, as applicable to a covered employee; (2) the term covered employee means an employee of the Forest Service or the Department of the Interior who— (A) qualifies as a wildland firefighter based on the definitions of the terms firefighter and wildland firefighter in section 5332a(a) (applying the definition of employee in section 6301(2) in lieu of the definition of employee in section 5331(a)); or (B) is certified by the applicable Secretary to perform wildland fire incident-related duties during the period the employee is deployed to respond to a qualifying incident; and (3) the term qualifying incident has the meaning given the term in section 5545c(a).", "id": "id0d40cff4-ec01-42e0-96e0-722db9def7f9", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Rest and recuperation leave \n(1) In general \nA covered employee may receive paid rest and recuperation leave following the completion of service in which the covered employee is deployed to respond to a qualifying incident, subject to the policies prescribed under this subsection. (2) Prescription of policies \nThe Secretary of Agriculture and the Secretary of the Interior shall, in the sole and exclusive discretion of the Secretaries acting jointly, prescribe uniform policies described in paragraph (1) after consulting with the other applicable Secretary. (3) Content of policies \nThe policies prescribed under paragraph (2) may include— (A) a maximum period of days in which a covered employee is deployed to respond to a qualifying incident, which shall— (i) begin on the date on which the covered employee departs from the official duty station of the covered employee and end on the date on which the covered employee returns to the official duty station of the covered employee; and (ii) be followed by a minimum number of days of rest and recuperation for the covered employee; or (B) a requirement that prohibits a covered employee from working more than 16 hours per day on average over a 14-day period during which the covered employee is deployed to respond to a qualifying incident.", "id": "idc5d33818-0f56-4209-947e-ae1239d3b058", "header": "Rest and recuperation leave", "nested": [], "links": [] }, { "text": "(c) Use of leave \n(1) In general \nRest and recuperation leave granted under this section— (A) shall be used during scheduled hours within the tour of duty of the applicable covered employee established for leave-charging purposes; (B) shall be paid in the same manner as annual leave; (C) shall be used immediately after a qualifying incident; and (D) may not be set aside for later use. (2) No payment \nA covered employee may not receive any payment for unused rest and recuperation leave granted under this section.", "id": "id6847c946-941d-4989-bb12-b74978c1cf91", "header": "Use of leave", "nested": [], "links": [] }, { "text": "(d) Intermittent work schedule \nA covered employee with an intermittent work schedule— (1) shall be excused from duty during the same period of time that other covered employees in the same circumstances are entitled to rest and recuperation leave; and (2) shall receive a payment as if the covered employee were entitled to rest and recuperation leave under subsection (b).", "id": "idbcb2057e-2d16-46fc-ae14-1f4f3ce619a3", "header": "Intermittent work schedule", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Transfer authority \nNotwithstanding section 40803(c)(2) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592(c)(2) ), not more than $5,000,000 of the unobligated balances of amounts made available under the heading Wildland Fire Management under the heading Forest Service under the heading Department of Agriculture in title VI of division J of that Act ( Public Law 117–58 ; 135 Stat. 1410) pursuant to section 40803(c)(2)(B) of that Act ( 16 U.S.C. 6592(c)(2)(B) ) may, as necessary to continue uninterrupted the Federal wildland firefighter base salary increase described in section 40803(d)(4)(B) of that Act ( 16 U.S.C. 6592(d)(4)(B) ), be transferred to and merged with the amounts made available under the heading Wildland Fire Management under the heading Department-wide programs under the heading Department of the Interior in title VI of division J of that Act ( Public Law 117–58 ; 135 Stat. 1393).", "id": "id678616de-2ebe-47f3-83be-a5b73d9a5302", "header": "Transfer authority", "nested": [], "links": [ { "text": "16 U.S.C. 6592(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/16/6592" }, { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" }, { "text": "16 U.S.C. 6592(c)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/16/6592" }, { "text": "16 U.S.C. 6592(d)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/16/6592" }, { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" } ] } ]

[ "Congressional oversight", "Employee leave", "Fires", "First responders and emergency personnel", "Forests, forestry, trees", "Government employee pay, benefits, personnel management", "Government information and archives", "Wages and earnings" ]

[ { "text": "1. Short title \nThis Act may be cited as the Down East Remembrance Act.", "id": "H40BF04ADDDDC40A095F41186099A7595", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Designation of certain creeks, North Carolina \n(a) Designation of Noah Styron Creek \n(1) In general \nThe creek located at latitude 34°59′49.33″ N, longitude 76°8′42.11″ W, shall be known and designated as Noah Styron Creek. (2) References \nAny reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to Noah Styron Creek. (b) Designation of Hunter Parks Creek \n(1) In general \nThe creek located at latitude 34°57′52.85″ N, longitude 76°11′11.25″ W, shall be known and designated as Hunter Parks Creek. (2) References \nAny reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to Hunter Parks Creek. (c) Designation of Kole McInnis Creek \n(1) In general \nThe creek located at latitude 34°57′46.30″ N, longitude 76°11′18.18″ W, shall be known and designated as Kole McInnis Creek. (2) References \nAny reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to Kole McInnis Creek. (d) Designation of Stephanie Fulcher Creek \n(1) In general \nThe creek located at latitude 34°57′38.08″ N, longitude 76°11′31.18″ W, shall be known and designated as Stephanie Fulcher Creek. (2) References \nAny reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to Stephanie Fulcher Creek. (e) Designation of Jacob Taylor Creek \n(1) In general \nThe creek located at latitude 34°52′43.45″ N, longitude 76°17′41.49″ W, shall be known and designated as Jacob Taylor Creek. (2) References \nAny reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to Jacob Taylor Creek. (f) Designation of Daily Shepherd Creek \n(1) In general \nThe creek located at latitude 34°52′28.26″ N, longitude 76°17′43.20″ W, shall be known and designated as Daily Shepherd Creek. (2) References \nAny reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to Daily Shepherd Creek.", "id": "H7456FC5369FC4FF7B92A5197B3C33393", "header": "Designation of certain creeks, North Carolina", "nested": [ { "text": "(a) Designation of Noah Styron Creek \n(1) In general \nThe creek located at latitude 34°59′49.33″ N, longitude 76°8′42.11″ W, shall be known and designated as Noah Styron Creek. (2) References \nAny reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to Noah Styron Creek.", "id": "H7B6042487BCA4C3A9102FBDAD37B32AB", "header": "Designation of Noah Styron Creek", "nested": [], "links": [] }, { "text": "(b) Designation of Hunter Parks Creek \n(1) In general \nThe creek located at latitude 34°57′52.85″ N, longitude 76°11′11.25″ W, shall be known and designated as Hunter Parks Creek. (2) References \nAny reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to Hunter Parks Creek.", "id": "H067096608CEF4F86AC53532C37FC5577", "header": "Designation of Hunter Parks Creek", "nested": [], "links": [] }, { "text": "(c) Designation of Kole McInnis Creek \n(1) In general \nThe creek located at latitude 34°57′46.30″ N, longitude 76°11′18.18″ W, shall be known and designated as Kole McInnis Creek. (2) References \nAny reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to Kole McInnis Creek.", "id": "H9DF238FD057F45A2956C489BE4FAC0ED", "header": "Designation of Kole McInnis Creek", "nested": [], "links": [] }, { "text": "(d) Designation of Stephanie Fulcher Creek \n(1) In general \nThe creek located at latitude 34°57′38.08″ N, longitude 76°11′31.18″ W, shall be known and designated as Stephanie Fulcher Creek. (2) References \nAny reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to Stephanie Fulcher Creek.", "id": "H09736F83A2D140B2A0B401D3C8E3FDE1", "header": "Designation of Stephanie Fulcher Creek", "nested": [], "links": [] }, { "text": "(e) Designation of Jacob Taylor Creek \n(1) In general \nThe creek located at latitude 34°52′43.45″ N, longitude 76°17′41.49″ W, shall be known and designated as Jacob Taylor Creek. (2) References \nAny reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to Jacob Taylor Creek.", "id": "HE35CF794949A4BD48CE531B6C9D4FF4A", "header": "Designation of Jacob Taylor Creek", "nested": [], "links": [] }, { "text": "(f) Designation of Daily Shepherd Creek \n(1) In general \nThe creek located at latitude 34°52′28.26″ N, longitude 76°17′43.20″ W, shall be known and designated as Daily Shepherd Creek. (2) References \nAny reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to Daily Shepherd Creek.", "id": "H7877CE0308A34A69BD57BFD9F23087B1", "header": "Designation of Daily Shepherd Creek", "nested": [], "links": [] } ], "links": [] } ]

[ "Accidents", "Aviation and airports", "Lakes and rivers", "North Carolina" ]

[ { "text": "1. Short title \nThis Act may be cited as the Ensuring Accurate and Complete Abortion Data Reporting Act of 2023.", "id": "H91BE2FCFCF254BDC807529187F80725F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Reporting abortion data has been voluntary in the past, which has not resulted in complete data being submitted to the Centers for Disease Control and Prevention. (2) While the Centers for Disease Control and Prevention requests specific data points from each State and the District of Columbia, there is a great variety in the information collected and published by the States. (3) In fact, there is not a single abortion data point publicly reported for all 50 States and the District of Columbia. (4) Even more alarming, 3 States that together account for 15 percent of the United States population of women of childbearing age do not report any abortion data to the Centers for Disease Control and Prevention. (5) Accurate statistical data regarding abortion and those who survive abortion attempts is critical to public health and policy analysis.", "id": "H64C9C1AD24C24B5EB37CF19B57BD91A4", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Medicaid payments for certain family planning services and supplies contingent on submission of abortion data to CDC \nSection 1903 of the Social Security Act ( 42 U.S.C. 1396b ) is amended— (1) in subsection (a)(5), by inserting before an amount equal to the following: subject to subsection (cc), ; and (2) by adding at the end the following new subsection: (cc) Annual reports on abortion data \n(1) In general \nSubject to paragraph (2), as a condition of receiving payment under subsection (a)(5) with respect to any amount expended during a year (beginning with the year following 2 years after the date of the enactment of this subsection) for family planning services and supplies described in section 1905(a)(4)(C) furnished to an individual described in section 1902(ii) or an individual whose medical assistance under this title is limited to such services and supplies furnished pursuant to a waiver granted under section 1115, each State shall, by not later than December 31 of the previous year, submit to the abortion surveillance system of the Centers for Disease Control and Prevention, with respect to the year before the previous year, at least abortion data regarding the mandatory questions described in section 317V(a)(3)(A) of the Public Health Service Act. (2) Late submission of reports \nWith respect to a year, in the case of a State that does not submit by December 31 of the previous year the abortion data required under paragraph (1) with respect to the year before the previous year but submits such data by December 31 of the year, such State shall continue to receive payment, including retroactive payment, under subsection (a)(5) with respect to any amount expended during the year for family planning services and supplies described in section 1905(a)(4)(C) furnished to an individual described in such paragraph. (3) Certification of abortion data \n(A) In general \nWith respect to each submission of abortion data under this subsection, a State shall certify to the Director of the Centers for Disease Control and Prevention that such data is accurate. (B) False information \nIn the case that the Director of the Centers for Disease Control and Prevention determines that a State has knowingly provided false information with respect to a submission of abortion data under this subsection, such State may not receive payment under subsection (a)(5) with respect to any amount expended during the first full fiscal year following such determination for family planning services and supplies described in section 1905(a)(4)(C) furnished to an individual described in paragraph (1)..", "id": "HC09476D22259463DB36E7BA6BC594157", "header": "Medicaid payments for certain family planning services and supplies contingent on submission of abortion data to CDC", "nested": [], "links": [ { "text": "42 U.S.C. 1396b", "legal-doc": "usc", "parsable-cite": "usc/42/1396b" } ] }, { "text": "4. Collection of abortion data by CDC \nPart B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 317V the following: 317W. Abortion data \n(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall— (1) maintain a surveillance system to collect aggregate data in a standardized format on abortions in the United States; (2) as part of such system, create a standard worksheet to collect data from States on abortions in the respective States, which— (A) shall, at a minimum, include questions on the variables listed in subsection (b), to be treated as mandatory questions for purposes of section 1903(cc) of the Social Security Act; and (B) may include such additional questions on abortion as the Secretary determines to be appropriate, to be treated as voluntary questions; (3) as part of such system, allow for cross-tabulation of the variables listed in subsection (b), including cross-tabulation of maternal age by gestational age; race and ethnicity by gestational age; type of abortion procedure by gestational age; race and ethnicity by maternal age; and race and ethnicity by marital status; and (4) periodically update the questions in the worksheet under paragraph (2), including the classification of such questions as mandatory or voluntary. (b) Variables \nThe variables listed in this subsection are the following: (1) Maternal age in years. (2) Gestational age in completed weeks at the time of abortion. (3) Maternal race. (4) Maternal ethnicity. (5) Maternal race by ethnicity. (6) The abortion method type. (7) Maternal marital status. (8) Previous pregnancies of the mother, including the number of previous live births, the number of previous induced abortions, and the number of previous spontaneous abortions. (9) Maternal residence (limited to county and State). (10) Whether the child survived the abortion. (c) Technical assistance \nThe Secretary shall provide technical assistance to States to facilitate and improve the reporting of data to the system under subsection (a). (d) Annual reporting \nThe Secretary shall— (1) issue an annual report on abortion, which shall include the data collected pursuant to this section; and (2) publish such report not later than December 30 of the third calendar year following the calendar year covered by the report..", "id": "H55ADBDAB0EA24D679A25794CA00FC35C", "header": "Collection of abortion data by CDC", "nested": [], "links": [ { "text": "42 U.S.C. 243 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/243" } ] }, { "text": "317W. Abortion data \n(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall— (1) maintain a surveillance system to collect aggregate data in a standardized format on abortions in the United States; (2) as part of such system, create a standard worksheet to collect data from States on abortions in the respective States, which— (A) shall, at a minimum, include questions on the variables listed in subsection (b), to be treated as mandatory questions for purposes of section 1903(cc) of the Social Security Act; and (B) may include such additional questions on abortion as the Secretary determines to be appropriate, to be treated as voluntary questions; (3) as part of such system, allow for cross-tabulation of the variables listed in subsection (b), including cross-tabulation of maternal age by gestational age; race and ethnicity by gestational age; type of abortion procedure by gestational age; race and ethnicity by maternal age; and race and ethnicity by marital status; and (4) periodically update the questions in the worksheet under paragraph (2), including the classification of such questions as mandatory or voluntary. (b) Variables \nThe variables listed in this subsection are the following: (1) Maternal age in years. (2) Gestational age in completed weeks at the time of abortion. (3) Maternal race. (4) Maternal ethnicity. (5) Maternal race by ethnicity. (6) The abortion method type. (7) Maternal marital status. (8) Previous pregnancies of the mother, including the number of previous live births, the number of previous induced abortions, and the number of previous spontaneous abortions. (9) Maternal residence (limited to county and State). (10) Whether the child survived the abortion. (c) Technical assistance \nThe Secretary shall provide technical assistance to States to facilitate and improve the reporting of data to the system under subsection (a). (d) Annual reporting \nThe Secretary shall— (1) issue an annual report on abortion, which shall include the data collected pursuant to this section; and (2) publish such report not later than December 30 of the third calendar year following the calendar year covered by the report.", "id": "HF9976FAEABA04AAFA3DDED286AFB1D14", "header": "Abortion data", "nested": [ { "text": "(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall— (1) maintain a surveillance system to collect aggregate data in a standardized format on abortions in the United States; (2) as part of such system, create a standard worksheet to collect data from States on abortions in the respective States, which— (A) shall, at a minimum, include questions on the variables listed in subsection (b), to be treated as mandatory questions for purposes of section 1903(cc) of the Social Security Act; and (B) may include such additional questions on abortion as the Secretary determines to be appropriate, to be treated as voluntary questions; (3) as part of such system, allow for cross-tabulation of the variables listed in subsection (b), including cross-tabulation of maternal age by gestational age; race and ethnicity by gestational age; type of abortion procedure by gestational age; race and ethnicity by maternal age; and race and ethnicity by marital status; and (4) periodically update the questions in the worksheet under paragraph (2), including the classification of such questions as mandatory or voluntary.", "id": "H5EE22B65F3FE4E049786E5DA09925F49", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Variables \nThe variables listed in this subsection are the following: (1) Maternal age in years. (2) Gestational age in completed weeks at the time of abortion. (3) Maternal race. (4) Maternal ethnicity. (5) Maternal race by ethnicity. (6) The abortion method type. (7) Maternal marital status. (8) Previous pregnancies of the mother, including the number of previous live births, the number of previous induced abortions, and the number of previous spontaneous abortions. (9) Maternal residence (limited to county and State). (10) Whether the child survived the abortion.", "id": "HD78152ABA9C14CA59C33CC5D516C9985", "header": "Variables", "nested": [], "links": [] }, { "text": "(c) Technical assistance \nThe Secretary shall provide technical assistance to States to facilitate and improve the reporting of data to the system under subsection (a).", "id": "H15E4AE0F100C4E39894CC9551D5D5B71", "header": "Technical assistance", "nested": [], "links": [] }, { "text": "(d) Annual reporting \nThe Secretary shall— (1) issue an annual report on abortion, which shall include the data collected pursuant to this section; and (2) publish such report not later than December 30 of the third calendar year following the calendar year covered by the report.", "id": "HEA58E9D8C024441E8DCD46BADF993CD4", "header": "Annual reporting", "nested": [], "links": [] } ], "links": [] } ]

[ "Abortion", "Child health", "Family planning and birth control", "Government information and archives", "Health information and medical records", "Health programs administration and funding", "Medicaid", "Sex and reproductive health", "State and local government operations", "Women's health" ]

[ { "text": "1. Short title \nThis Act may be cited as the Expanding Medical Education Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Grants for schools of medicine and schools of osteopathic medicine in underserved areas \nSubpart II of part C of title VII of the Public Health Service Act ( 42 U.S.C. 293m et seq. ) is amended by adding at the end the following: 749C. Grants for schools of medicine and schools of osteopathic medicine in underserved areas \n(a) In general \nThe Secretary may award grants to institutions of higher education (including consortiums of such institutions) for the establishment, improvement, or expansion of a school of medicine or osteopathic medicine, or a branch campus of a school of medicine or osteopathic medicine. (b) Priority \nIn selecting grant recipients under this section, the Secretary shall give priority to any institution of higher education (or consortium of such institutions) that— (1) proposes to use the grant for the establishment of a school of medicine or osteopathic medicine, or a branch campus of a school of medicine or osteopathic medicine, in an area— (A) in which— (i) no other such school is based; or (ii) in the case in which the school of medicine or osteopathic medicine proposed to be established would be a minority-serving institution, no other minority-serving institution that includes a school of medicine or osteopathic medicine is based; and (B) that is a medically underserved community or a health professional shortage area; or (2) is a minority-serving institution described in section 371(a) of the Higher Education Act of 1965 or an institution or program described in section 326(e) of such Act. (c) Considerations \nIn awarding grants under this section, the Secretary, to the extent practicable, may ensure equitable distribution of awards among the geographical regions of the United States. (d) Use of funds \nAn institution of higher education (or a consortium of such institutions)— (1) shall use grant amounts received under this section to— (A) recruit, enroll, and retain medical students who are pursuing a degree of doctor of medicine or doctor of osteopathy, including individuals who are from disadvantaged backgrounds (including racial and ethnic groups underrepresented among medical students and health professions), individuals from rural and underserved areas, low-income individuals, and first generation college students, at a school of medicine or osteopathic medicine or branch campus of a school of medicine or osteopathic medicine; and (B) develop, implement, and expand curriculum that emphasizes care for rural and underserved populations, including accessible and culturally and linguistically appropriate care and services, at such school or branch campus; and (2) may use grant amounts received under this section to— (A) plan and construct— (i) a school of medicine or osteopathic medicine, or a branch campus of a school of medicine or osteopathic medicine, in an area in which no other such school is based; or (ii) a school of medicine or osteopathic medicine, or a branch campus of a school of medicine or osteopathic medicine, that will be a minority-serving institution, in an area in which no other such school that is a minority-serving institution is based; (B) plan, develop, and meet criteria for accreditation for a school of medicine or osteopathic medicine or branch campus of a school of medicine or osteopathic medicine; (C) hire faculty, including faculty from racial and ethnic groups who are underrepresented among the medical and other health professions, and other staff to serve at such a school or branch campus; (D) support educational programs at such a school or branch campus; (E) modernize and expand infrastructure at such a school or branch campus; and (F) support other activities that the Secretary determines further the establishment, improvement, or expansion of a school of medicine or osteopathic medicine or branch campus of a school of medicine or osteopathic medicine. (e) Application \nTo be eligible to receive a grant under subsection (a), an institution of higher education (or a consortium of such institutions), shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a description of the institution’s or consortium's planned activities described in subsection (d). (f) Reporting \n(1) Reports from entities \nEach institution of higher education, or consortium of such institutions, awarded a grant under this section shall submit an annual report to the Secretary on the activities conducted under such grant, and other information as the Secretary may require. (2) Report to Congress \nNot later than 5 years after the date of enactment of this section and every 5 years thereafter, the Secretary 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 provides a summary of the activities and outcomes associated with grants made under this section. Such reports shall include— (A) a list of awardees, including their primary geographic location, and location of any school of medicine or osteopathic medicine, or a branch campus of school of medicine or osteopathic medicine that was established, improved, or expanded under this program; (B) the total number of students (including the number of students from racial and ethnic groups underrepresented among medical students and health professions, low-income students, and first generation college students) who— (i) are enrolled at or who have graduated from any school of medicine or osteopathic medicine, or a branch campus of school of medicine or osteopathic medicine, that was established, improved, or expanded under this program, deidentified and disaggregated by race, ethnicity, age, sex, geographic region, disability status, and other relevant factors, to the extent such information is available; and (ii) who subsequently participate in an accredited internship or medical residency program upon graduation from any school of medicine or osteopathic medicine, or a branch campus of a school of medicine or osteopathic medicine, that was established, improved, or expanded under this program, deidentified and disaggregated by race, ethnicity, age, sex, geographic region, disability status, medical specialty pursued, and other relevant factors, to the extent such information is available; (C) the effects of such program on the health care provider workforce, including any impact on demographic representation disaggregated by race, ethnicity, and sex, and the fields or specialties pursued by students who have graduated from any school of medicine or osteopathic medicine, or a branch campus of school of medicine or osteopathic medicine, that was established, improved, or expanded under this program; (D) the effects of such program on health care access in underserved areas, including medically underserved communities and health professional shortage areas; and (E) recommendations for improving the program described in this section, and any other considerations as the Secretary determines appropriate. (3) Public availability \nThe Secretary shall make reports submitted under paragraph (2) publicly available on the website of the Department of Health and Human Services. (g) Definitions \nIn this section: (1) Branch campus \n(A) In general \nThe term branch campus , with respect to a school of medicine or osteopathic medicine, means an additional location of such school that is geographically apart and independent of the main campus, at which the school offers at least 50 percent of the program leading to a degree of doctor of medicine or doctor of osteopathy that is offered at the main campus. (B) Independence from main campus \nFor purposes of subparagraph (A), the location of a school described in such subparagraph shall be considered to be independent of the main campus described in such subparagraph if the location— (i) is permanent in nature; (ii) offers courses in educational programs leading to a degree, certificate, or other recognized educational credential; (iii) has its own faculty and administrative or supervisory organization; and (iv) has its own budgetary and hiring authority. (2) First generation college student \nThe term first generation college student has the meaning given such term in section 402A(h)(3) of the Higher Education Act of 1965. (3) Health professional shortage area \nThe term health professional shortage area has the meaning given such term in section 332(a). (4) Institution of higher education \nThe term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965. (5) Medically underserved community \nThe term medically underserved community has the meaning given such term in section 799B(6). (h) Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to carry out this section..", "id": "id8444a358b42d4776b34161f35599fc23", "header": "Grants for schools of medicine and schools of osteopathic medicine in underserved areas", "nested": [], "links": [ { "text": "42 U.S.C. 293m et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/293m" } ] }, { "text": "749C. Grants for schools of medicine and schools of osteopathic medicine in underserved areas \n(a) In general \nThe Secretary may award grants to institutions of higher education (including consortiums of such institutions) for the establishment, improvement, or expansion of a school of medicine or osteopathic medicine, or a branch campus of a school of medicine or osteopathic medicine. (b) Priority \nIn selecting grant recipients under this section, the Secretary shall give priority to any institution of higher education (or consortium of such institutions) that— (1) proposes to use the grant for the establishment of a school of medicine or osteopathic medicine, or a branch campus of a school of medicine or osteopathic medicine, in an area— (A) in which— (i) no other such school is based; or (ii) in the case in which the school of medicine or osteopathic medicine proposed to be established would be a minority-serving institution, no other minority-serving institution that includes a school of medicine or osteopathic medicine is based; and (B) that is a medically underserved community or a health professional shortage area; or (2) is a minority-serving institution described in section 371(a) of the Higher Education Act of 1965 or an institution or program described in section 326(e) of such Act. (c) Considerations \nIn awarding grants under this section, the Secretary, to the extent practicable, may ensure equitable distribution of awards among the geographical regions of the United States. (d) Use of funds \nAn institution of higher education (or a consortium of such institutions)— (1) shall use grant amounts received under this section to— (A) recruit, enroll, and retain medical students who are pursuing a degree of doctor of medicine or doctor of osteopathy, including individuals who are from disadvantaged backgrounds (including racial and ethnic groups underrepresented among medical students and health professions), individuals from rural and underserved areas, low-income individuals, and first generation college students, at a school of medicine or osteopathic medicine or branch campus of a school of medicine or osteopathic medicine; and (B) develop, implement, and expand curriculum that emphasizes care for rural and underserved populations, including accessible and culturally and linguistically appropriate care and services, at such school or branch campus; and (2) may use grant amounts received under this section to— (A) plan and construct— (i) a school of medicine or osteopathic medicine, or a branch campus of a school of medicine or osteopathic medicine, in an area in which no other such school is based; or (ii) a school of medicine or osteopathic medicine, or a branch campus of a school of medicine or osteopathic medicine, that will be a minority-serving institution, in an area in which no other such school that is a minority-serving institution is based; (B) plan, develop, and meet criteria for accreditation for a school of medicine or osteopathic medicine or branch campus of a school of medicine or osteopathic medicine; (C) hire faculty, including faculty from racial and ethnic groups who are underrepresented among the medical and other health professions, and other staff to serve at such a school or branch campus; (D) support educational programs at such a school or branch campus; (E) modernize and expand infrastructure at such a school or branch campus; and (F) support other activities that the Secretary determines further the establishment, improvement, or expansion of a school of medicine or osteopathic medicine or branch campus of a school of medicine or osteopathic medicine. (e) Application \nTo be eligible to receive a grant under subsection (a), an institution of higher education (or a consortium of such institutions), shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a description of the institution’s or consortium's planned activities described in subsection (d). (f) Reporting \n(1) Reports from entities \nEach institution of higher education, or consortium of such institutions, awarded a grant under this section shall submit an annual report to the Secretary on the activities conducted under such grant, and other information as the Secretary may require. (2) Report to Congress \nNot later than 5 years after the date of enactment of this section and every 5 years thereafter, the Secretary 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 provides a summary of the activities and outcomes associated with grants made under this section. Such reports shall include— (A) a list of awardees, including their primary geographic location, and location of any school of medicine or osteopathic medicine, or a branch campus of school of medicine or osteopathic medicine that was established, improved, or expanded under this program; (B) the total number of students (including the number of students from racial and ethnic groups underrepresented among medical students and health professions, low-income students, and first generation college students) who— (i) are enrolled at or who have graduated from any school of medicine or osteopathic medicine, or a branch campus of school of medicine or osteopathic medicine, that was established, improved, or expanded under this program, deidentified and disaggregated by race, ethnicity, age, sex, geographic region, disability status, and other relevant factors, to the extent such information is available; and (ii) who subsequently participate in an accredited internship or medical residency program upon graduation from any school of medicine or osteopathic medicine, or a branch campus of a school of medicine or osteopathic medicine, that was established, improved, or expanded under this program, deidentified and disaggregated by race, ethnicity, age, sex, geographic region, disability status, medical specialty pursued, and other relevant factors, to the extent such information is available; (C) the effects of such program on the health care provider workforce, including any impact on demographic representation disaggregated by race, ethnicity, and sex, and the fields or specialties pursued by students who have graduated from any school of medicine or osteopathic medicine, or a branch campus of school of medicine or osteopathic medicine, that was established, improved, or expanded under this program; (D) the effects of such program on health care access in underserved areas, including medically underserved communities and health professional shortage areas; and (E) recommendations for improving the program described in this section, and any other considerations as the Secretary determines appropriate. (3) Public availability \nThe Secretary shall make reports submitted under paragraph (2) publicly available on the website of the Department of Health and Human Services. (g) Definitions \nIn this section: (1) Branch campus \n(A) In general \nThe term branch campus , with respect to a school of medicine or osteopathic medicine, means an additional location of such school that is geographically apart and independent of the main campus, at which the school offers at least 50 percent of the program leading to a degree of doctor of medicine or doctor of osteopathy that is offered at the main campus. (B) Independence from main campus \nFor purposes of subparagraph (A), the location of a school described in such subparagraph shall be considered to be independent of the main campus described in such subparagraph if the location— (i) is permanent in nature; (ii) offers courses in educational programs leading to a degree, certificate, or other recognized educational credential; (iii) has its own faculty and administrative or supervisory organization; and (iv) has its own budgetary and hiring authority. (2) First generation college student \nThe term first generation college student has the meaning given such term in section 402A(h)(3) of the Higher Education Act of 1965. (3) Health professional shortage area \nThe term health professional shortage area has the meaning given such term in section 332(a). (4) Institution of higher education \nThe term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965. (5) Medically underserved community \nThe term medically underserved community has the meaning given such term in section 799B(6). (h) Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "id96D8941560FD4008ADC22D4E05006222", "header": "Grants for schools of medicine and schools of osteopathic medicine in underserved areas", "nested": [ { "text": "(a) In general \nThe Secretary may award grants to institutions of higher education (including consortiums of such institutions) for the establishment, improvement, or expansion of a school of medicine or osteopathic medicine, or a branch campus of a school of medicine or osteopathic medicine.", "id": "idf4e606ba62d14cbbada22fe31011a20a", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Priority \nIn selecting grant recipients under this section, the Secretary shall give priority to any institution of higher education (or consortium of such institutions) that— (1) proposes to use the grant for the establishment of a school of medicine or osteopathic medicine, or a branch campus of a school of medicine or osteopathic medicine, in an area— (A) in which— (i) no other such school is based; or (ii) in the case in which the school of medicine or osteopathic medicine proposed to be established would be a minority-serving institution, no other minority-serving institution that includes a school of medicine or osteopathic medicine is based; and (B) that is a medically underserved community or a health professional shortage area; or (2) is a minority-serving institution described in section 371(a) of the Higher Education Act of 1965 or an institution or program described in section 326(e) of such Act.", "id": "idf663df1617d244379169b460a173842b", "header": "Priority", "nested": [], "links": [] }, { "text": "(c) Considerations \nIn awarding grants under this section, the Secretary, to the extent practicable, may ensure equitable distribution of awards among the geographical regions of the United States.", "id": "id1f4b0768af93492f83badc2a4f92098c", "header": "Considerations", "nested": [], "links": [] }, { "text": "(d) Use of funds \nAn institution of higher education (or a consortium of such institutions)— (1) shall use grant amounts received under this section to— (A) recruit, enroll, and retain medical students who are pursuing a degree of doctor of medicine or doctor of osteopathy, including individuals who are from disadvantaged backgrounds (including racial and ethnic groups underrepresented among medical students and health professions), individuals from rural and underserved areas, low-income individuals, and first generation college students, at a school of medicine or osteopathic medicine or branch campus of a school of medicine or osteopathic medicine; and (B) develop, implement, and expand curriculum that emphasizes care for rural and underserved populations, including accessible and culturally and linguistically appropriate care and services, at such school or branch campus; and (2) may use grant amounts received under this section to— (A) plan and construct— (i) a school of medicine or osteopathic medicine, or a branch campus of a school of medicine or osteopathic medicine, in an area in which no other such school is based; or (ii) a school of medicine or osteopathic medicine, or a branch campus of a school of medicine or osteopathic medicine, that will be a minority-serving institution, in an area in which no other such school that is a minority-serving institution is based; (B) plan, develop, and meet criteria for accreditation for a school of medicine or osteopathic medicine or branch campus of a school of medicine or osteopathic medicine; (C) hire faculty, including faculty from racial and ethnic groups who are underrepresented among the medical and other health professions, and other staff to serve at such a school or branch campus; (D) support educational programs at such a school or branch campus; (E) modernize and expand infrastructure at such a school or branch campus; and (F) support other activities that the Secretary determines further the establishment, improvement, or expansion of a school of medicine or osteopathic medicine or branch campus of a school of medicine or osteopathic medicine.", "id": "id986790bfead64ce3bdb9474aee0d7331", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(e) Application \nTo be eligible to receive a grant under subsection (a), an institution of higher education (or a consortium of such institutions), shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a description of the institution’s or consortium's planned activities described in subsection (d).", "id": "id5fbab532bc3a4798bdfa443bcf5ac353", "header": "Application", "nested": [], "links": [] }, { "text": "(f) Reporting \n(1) Reports from entities \nEach institution of higher education, or consortium of such institutions, awarded a grant under this section shall submit an annual report to the Secretary on the activities conducted under such grant, and other information as the Secretary may require. (2) Report to Congress \nNot later than 5 years after the date of enactment of this section and every 5 years thereafter, the Secretary 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 provides a summary of the activities and outcomes associated with grants made under this section. Such reports shall include— (A) a list of awardees, including their primary geographic location, and location of any school of medicine or osteopathic medicine, or a branch campus of school of medicine or osteopathic medicine that was established, improved, or expanded under this program; (B) the total number of students (including the number of students from racial and ethnic groups underrepresented among medical students and health professions, low-income students, and first generation college students) who— (i) are enrolled at or who have graduated from any school of medicine or osteopathic medicine, or a branch campus of school of medicine or osteopathic medicine, that was established, improved, or expanded under this program, deidentified and disaggregated by race, ethnicity, age, sex, geographic region, disability status, and other relevant factors, to the extent such information is available; and (ii) who subsequently participate in an accredited internship or medical residency program upon graduation from any school of medicine or osteopathic medicine, or a branch campus of a school of medicine or osteopathic medicine, that was established, improved, or expanded under this program, deidentified and disaggregated by race, ethnicity, age, sex, geographic region, disability status, medical specialty pursued, and other relevant factors, to the extent such information is available; (C) the effects of such program on the health care provider workforce, including any impact on demographic representation disaggregated by race, ethnicity, and sex, and the fields or specialties pursued by students who have graduated from any school of medicine or osteopathic medicine, or a branch campus of school of medicine or osteopathic medicine, that was established, improved, or expanded under this program; (D) the effects of such program on health care access in underserved areas, including medically underserved communities and health professional shortage areas; and (E) recommendations for improving the program described in this section, and any other considerations as the Secretary determines appropriate. (3) Public availability \nThe Secretary shall make reports submitted under paragraph (2) publicly available on the website of the Department of Health and Human Services.", "id": "id22c564c2ae77458c86ecfdc53aa24668", "header": "Reporting", "nested": [], "links": [] }, { "text": "(g) Definitions \nIn this section: (1) Branch campus \n(A) In general \nThe term branch campus , with respect to a school of medicine or osteopathic medicine, means an additional location of such school that is geographically apart and independent of the main campus, at which the school offers at least 50 percent of the program leading to a degree of doctor of medicine or doctor of osteopathy that is offered at the main campus. (B) Independence from main campus \nFor purposes of subparagraph (A), the location of a school described in such subparagraph shall be considered to be independent of the main campus described in such subparagraph if the location— (i) is permanent in nature; (ii) offers courses in educational programs leading to a degree, certificate, or other recognized educational credential; (iii) has its own faculty and administrative or supervisory organization; and (iv) has its own budgetary and hiring authority. (2) First generation college student \nThe term first generation college student has the meaning given such term in section 402A(h)(3) of the Higher Education Act of 1965. (3) Health professional shortage area \nThe term health professional shortage area has the meaning given such term in section 332(a). (4) Institution of higher education \nThe term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965. (5) Medically underserved community \nThe term medically underserved community has the meaning given such term in section 799B(6).", "id": "id673933dec9d04b219801ea353487b301", "header": "Definitions", "nested": [], "links": [] }, { "text": "(h) Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "id1b2508a35474438eac4ec588d6e19ec4", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Building construction", "Congressional oversight", "Education of the disadvantaged", "Education programs funding", "Educational facilities and institutions", "Government information and archives", "Health care coverage and access", "Health personnel", "Health programs administration and funding", "Higher education", "Medical education", "Minority education", "Minority employment", "Rural conditions and development", "Teaching, teachers, curricula" ]

[ { "text": "1. Short title \nThis Act may be cited as the Stopping Harmful Image Exploitation and Limiting Distribution Act of 2023 or the SHIELD Act of 2023.", "id": "H74D7FCD0DC434DC6B66699730F06A52F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Certain activities relating to intimate visual depictions \n(a) In general \nChapter 88 of title 18, United States Code, is amended by adding at the end the following: 1802. Certain activities relating to intimate visual depictions \n(a) Definitions \nIn this section: (1) Communications service \nThe term communications service means— (A) a service provided by a person that is a common carrier, as that term is defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ), insofar as the person is acting as a common carrier; (B) an electronic communication service, as that term is defined in section 2510; (C) an information service, as that term is defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ); and (D) an interactive computer service, as that term is defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (2) Information content provider \nThe term information content provider has the meaning given that term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (3) Intimate visual depiction \nThe term intimate visual depiction means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image itself or information or text displayed in connection with the intimate image who has attained 18 years of age at the time the intimate visual depiction is created and— (A) who is depicted engaging in sexually explicit conduct; or (B) whose genitals, anus, pubic area, or female nipple are unclothed and visible. (4) Visual depiction of a nude minor \nThe term visual depiction of a nude minor means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image who was under 18 years of age at the time the visual depiction was created in which the actual anus, genitals, or pubic area, or post-pubescent female nipple, of the minor are unclothed, visible, and displayed in a manner that does not constitute sexually explicit conduct. (5) Sexually explicit conduct \nThe term sexually explicit conduct has the meaning given that term in section 2256(2)(A). (b) Offense \n(1) In general \nExcept as provided in subsection (d), it shall be unlawful to knowingly mail, or to distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, an intimate visual depiction of an individual— (A) with knowledge of or reckless disregard for the lack of consent of the individual to the distribution; (B) where what is depicted was not voluntarily exposed by the individual in a public or commercial setting; and (C) where what is depicted is not a matter of public concern. For purposes of this paragraph, the fact that the subject of the depiction consented to the creation of the depiction shall not establish that that person consented to its distribution. (2) Minors \nExcept as provided in subsection (d), it shall be unlawful to knowingly mail, or to distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, a visual depiction of a nude minor with intent to abuse, humiliate, harass, or degrade the minor, or to arouse or gratify the sexual desire of any person. (c) Penalty \n(1) In general \nAny person who violates subsection (b), or attempts or conspires to do so, shall be fined under this title, imprisoned not more than 5 years, or both. (2) Forfeiture \n(A) In general \nThe court, in imposing a sentence on any person convicted of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, or convicted of a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States— (i) any material distributed in violation of this section; (ii) such person’s interest in property, real or personal, constituting or derived from any gross proceeds of such violation, or any property traceable to such property, obtained or retained directly or indirectly as a result of such violation; and (iii) any property, real or personal, used or intended to be used to commit or to facilitate the commission of such offense. (B) Procedures \nSection 413 of the Controlled Substances Act ( 21 U.S.C. 853 ), with the exception of subsections (a) and (d), applies to the criminal forfeiture of property pursuant to subparagraph (A). (3) Restitution \nRestitution shall be available as provided in section 2264 of title 18, United States Code. (d) Exceptions \n(1) Law enforcement, lawful reporting, and other legal proceedings \nThis section— (A) does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States; (B) shall not apply in the case of an individual acting in good faith to report unlawful activity or in pursuance of a legal or professional or other lawful obligation; and (C) shall not apply in the case of a document production or filing associated with a legal proceeding. (2) Service providers \nThis section shall not apply to any provider of a communications service with regard to content provided by another information content provider unless the provider of the communications service intentionally solicits, or knowingly and predominantly distributes, such content. (e) Threats \nAny person who threatens to commit an offense under subsection (b) shall be punished as provided in subsection (c). (f) Extraterritoriality \nThere is extraterritorial Federal jurisdiction over an offense under this section if the defendant or the depicted individual is a citizen or permanent resident of the United States. (g) Civil forfeiture \nThe following shall be subject to forfeiture to the United States in accordance with provisions of chapter 46 and no property right shall exist in them: (1) Any material distributed in violation of this chapter. (2) Any property, real or personal, that was used, in any manner, to commit or to facilitate the commission of a violation involving intimate visual depictions or visual depictions of a nude minor under this section or a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this section. (3) Any property, real or personal, constituting, or traceable to the gross proceeds obtained or retained in connection with or as a result of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this section. (h) Rule of construction \nNothing in this section shall be construed to limit the application of any other relevant law, including section 2252 of this title.. (b) Clerical amendment \nThe table of sections for chapter 88 of title 18, United States Code, is amended by inserting after the item relating to section 1801 the following: 1802. Certain activities relating to intimate visual depictions..", "id": "idE854653A7A2A4B64A4EDE172E32FC2F1", "header": "Certain activities relating to intimate visual depictions", "nested": [ { "text": "(a) In general \nChapter 88 of title 18, United States Code, is amended by adding at the end the following: 1802. Certain activities relating to intimate visual depictions \n(a) Definitions \nIn this section: (1) Communications service \nThe term communications service means— (A) a service provided by a person that is a common carrier, as that term is defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ), insofar as the person is acting as a common carrier; (B) an electronic communication service, as that term is defined in section 2510; (C) an information service, as that term is defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ); and (D) an interactive computer service, as that term is defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (2) Information content provider \nThe term information content provider has the meaning given that term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (3) Intimate visual depiction \nThe term intimate visual depiction means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image itself or information or text displayed in connection with the intimate image who has attained 18 years of age at the time the intimate visual depiction is created and— (A) who is depicted engaging in sexually explicit conduct; or (B) whose genitals, anus, pubic area, or female nipple are unclothed and visible. (4) Visual depiction of a nude minor \nThe term visual depiction of a nude minor means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image who was under 18 years of age at the time the visual depiction was created in which the actual anus, genitals, or pubic area, or post-pubescent female nipple, of the minor are unclothed, visible, and displayed in a manner that does not constitute sexually explicit conduct. (5) Sexually explicit conduct \nThe term sexually explicit conduct has the meaning given that term in section 2256(2)(A). (b) Offense \n(1) In general \nExcept as provided in subsection (d), it shall be unlawful to knowingly mail, or to distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, an intimate visual depiction of an individual— (A) with knowledge of or reckless disregard for the lack of consent of the individual to the distribution; (B) where what is depicted was not voluntarily exposed by the individual in a public or commercial setting; and (C) where what is depicted is not a matter of public concern. For purposes of this paragraph, the fact that the subject of the depiction consented to the creation of the depiction shall not establish that that person consented to its distribution. (2) Minors \nExcept as provided in subsection (d), it shall be unlawful to knowingly mail, or to distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, a visual depiction of a nude minor with intent to abuse, humiliate, harass, or degrade the minor, or to arouse or gratify the sexual desire of any person. (c) Penalty \n(1) In general \nAny person who violates subsection (b), or attempts or conspires to do so, shall be fined under this title, imprisoned not more than 5 years, or both. (2) Forfeiture \n(A) In general \nThe court, in imposing a sentence on any person convicted of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, or convicted of a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States— (i) any material distributed in violation of this section; (ii) such person’s interest in property, real or personal, constituting or derived from any gross proceeds of such violation, or any property traceable to such property, obtained or retained directly or indirectly as a result of such violation; and (iii) any property, real or personal, used or intended to be used to commit or to facilitate the commission of such offense. (B) Procedures \nSection 413 of the Controlled Substances Act ( 21 U.S.C. 853 ), with the exception of subsections (a) and (d), applies to the criminal forfeiture of property pursuant to subparagraph (A). (3) Restitution \nRestitution shall be available as provided in section 2264 of title 18, United States Code. (d) Exceptions \n(1) Law enforcement, lawful reporting, and other legal proceedings \nThis section— (A) does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States; (B) shall not apply in the case of an individual acting in good faith to report unlawful activity or in pursuance of a legal or professional or other lawful obligation; and (C) shall not apply in the case of a document production or filing associated with a legal proceeding. (2) Service providers \nThis section shall not apply to any provider of a communications service with regard to content provided by another information content provider unless the provider of the communications service intentionally solicits, or knowingly and predominantly distributes, such content. (e) Threats \nAny person who threatens to commit an offense under subsection (b) shall be punished as provided in subsection (c). (f) Extraterritoriality \nThere is extraterritorial Federal jurisdiction over an offense under this section if the defendant or the depicted individual is a citizen or permanent resident of the United States. (g) Civil forfeiture \nThe following shall be subject to forfeiture to the United States in accordance with provisions of chapter 46 and no property right shall exist in them: (1) Any material distributed in violation of this chapter. (2) Any property, real or personal, that was used, in any manner, to commit or to facilitate the commission of a violation involving intimate visual depictions or visual depictions of a nude minor under this section or a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this section. (3) Any property, real or personal, constituting, or traceable to the gross proceeds obtained or retained in connection with or as a result of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this section. (h) Rule of construction \nNothing in this section shall be construed to limit the application of any other relevant law, including section 2252 of this title..", "id": "H66EB2804E9734DF0A72F3B66E95BFA45", "header": "In general", "nested": [], "links": [ { "text": "Chapter 88", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/88" }, { "text": "47 U.S.C. 153", "legal-doc": "usc", "parsable-cite": "usc/47/153" }, { "text": "47 U.S.C. 153", "legal-doc": "usc", "parsable-cite": "usc/47/153" }, { "text": "47 U.S.C. 230(f)", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "47 U.S.C. 230(f)", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "21 U.S.C. 853", "legal-doc": "usc", "parsable-cite": "usc/21/853" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for chapter 88 of title 18, United States Code, is amended by inserting after the item relating to section 1801 the following: 1802. Certain activities relating to intimate visual depictions..", "id": "HA9491B68A043470BBA4EF4112E98C940", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 88", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/88" }, { "text": "section 1801", "legal-doc": "usc", "parsable-cite": "usc/18/1801" } ] } ], "links": [ { "text": "Chapter 88", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/88" }, { "text": "47 U.S.C. 153", "legal-doc": "usc", "parsable-cite": "usc/47/153" }, { "text": "47 U.S.C. 153", "legal-doc": "usc", "parsable-cite": "usc/47/153" }, { "text": "47 U.S.C. 230(f)", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "47 U.S.C. 230(f)", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "21 U.S.C. 853", "legal-doc": "usc", "parsable-cite": "usc/21/853" }, { "text": "chapter 88", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/88" }, { "text": "section 1801", "legal-doc": "usc", "parsable-cite": "usc/18/1801" } ] }, { "text": "1802. Certain activities relating to intimate visual depictions \n(a) Definitions \nIn this section: (1) Communications service \nThe term communications service means— (A) a service provided by a person that is a common carrier, as that term is defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ), insofar as the person is acting as a common carrier; (B) an electronic communication service, as that term is defined in section 2510; (C) an information service, as that term is defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ); and (D) an interactive computer service, as that term is defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (2) Information content provider \nThe term information content provider has the meaning given that term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (3) Intimate visual depiction \nThe term intimate visual depiction means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image itself or information or text displayed in connection with the intimate image who has attained 18 years of age at the time the intimate visual depiction is created and— (A) who is depicted engaging in sexually explicit conduct; or (B) whose genitals, anus, pubic area, or female nipple are unclothed and visible. (4) Visual depiction of a nude minor \nThe term visual depiction of a nude minor means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image who was under 18 years of age at the time the visual depiction was created in which the actual anus, genitals, or pubic area, or post-pubescent female nipple, of the minor are unclothed, visible, and displayed in a manner that does not constitute sexually explicit conduct. (5) Sexually explicit conduct \nThe term sexually explicit conduct has the meaning given that term in section 2256(2)(A). (b) Offense \n(1) In general \nExcept as provided in subsection (d), it shall be unlawful to knowingly mail, or to distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, an intimate visual depiction of an individual— (A) with knowledge of or reckless disregard for the lack of consent of the individual to the distribution; (B) where what is depicted was not voluntarily exposed by the individual in a public or commercial setting; and (C) where what is depicted is not a matter of public concern. For purposes of this paragraph, the fact that the subject of the depiction consented to the creation of the depiction shall not establish that that person consented to its distribution. (2) Minors \nExcept as provided in subsection (d), it shall be unlawful to knowingly mail, or to distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, a visual depiction of a nude minor with intent to abuse, humiliate, harass, or degrade the minor, or to arouse or gratify the sexual desire of any person. (c) Penalty \n(1) In general \nAny person who violates subsection (b), or attempts or conspires to do so, shall be fined under this title, imprisoned not more than 5 years, or both. (2) Forfeiture \n(A) In general \nThe court, in imposing a sentence on any person convicted of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, or convicted of a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States— (i) any material distributed in violation of this section; (ii) such person’s interest in property, real or personal, constituting or derived from any gross proceeds of such violation, or any property traceable to such property, obtained or retained directly or indirectly as a result of such violation; and (iii) any property, real or personal, used or intended to be used to commit or to facilitate the commission of such offense. (B) Procedures \nSection 413 of the Controlled Substances Act ( 21 U.S.C. 853 ), with the exception of subsections (a) and (d), applies to the criminal forfeiture of property pursuant to subparagraph (A). (3) Restitution \nRestitution shall be available as provided in section 2264 of title 18, United States Code. (d) Exceptions \n(1) Law enforcement, lawful reporting, and other legal proceedings \nThis section— (A) does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States; (B) shall not apply in the case of an individual acting in good faith to report unlawful activity or in pursuance of a legal or professional or other lawful obligation; and (C) shall not apply in the case of a document production or filing associated with a legal proceeding. (2) Service providers \nThis section shall not apply to any provider of a communications service with regard to content provided by another information content provider unless the provider of the communications service intentionally solicits, or knowingly and predominantly distributes, such content. (e) Threats \nAny person who threatens to commit an offense under subsection (b) shall be punished as provided in subsection (c). (f) Extraterritoriality \nThere is extraterritorial Federal jurisdiction over an offense under this section if the defendant or the depicted individual is a citizen or permanent resident of the United States. (g) Civil forfeiture \nThe following shall be subject to forfeiture to the United States in accordance with provisions of chapter 46 and no property right shall exist in them: (1) Any material distributed in violation of this chapter. (2) Any property, real or personal, that was used, in any manner, to commit or to facilitate the commission of a violation involving intimate visual depictions or visual depictions of a nude minor under this section or a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this section. (3) Any property, real or personal, constituting, or traceable to the gross proceeds obtained or retained in connection with or as a result of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this section. (h) Rule of construction \nNothing in this section shall be construed to limit the application of any other relevant law, including section 2252 of this title.", "id": "H7B291382CD284746BAFFA5A5BB4A060C", "header": "Certain activities relating to intimate visual depictions", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Communications service \nThe term communications service means— (A) a service provided by a person that is a common carrier, as that term is defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ), insofar as the person is acting as a common carrier; (B) an electronic communication service, as that term is defined in section 2510; (C) an information service, as that term is defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ); and (D) an interactive computer service, as that term is defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (2) Information content provider \nThe term information content provider has the meaning given that term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (3) Intimate visual depiction \nThe term intimate visual depiction means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image itself or information or text displayed in connection with the intimate image who has attained 18 years of age at the time the intimate visual depiction is created and— (A) who is depicted engaging in sexually explicit conduct; or (B) whose genitals, anus, pubic area, or female nipple are unclothed and visible. (4) Visual depiction of a nude minor \nThe term visual depiction of a nude minor means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image who was under 18 years of age at the time the visual depiction was created in which the actual anus, genitals, or pubic area, or post-pubescent female nipple, of the minor are unclothed, visible, and displayed in a manner that does not constitute sexually explicit conduct. (5) Sexually explicit conduct \nThe term sexually explicit conduct has the meaning given that term in section 2256(2)(A).", "id": "H874049C3DE10495CB799447C2C8CF218", "header": "Definitions", "nested": [], "links": [ { "text": "47 U.S.C. 153", "legal-doc": "usc", "parsable-cite": "usc/47/153" }, { "text": "47 U.S.C. 153", "legal-doc": "usc", "parsable-cite": "usc/47/153" }, { "text": "47 U.S.C. 230(f)", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "47 U.S.C. 230(f)", "legal-doc": "usc", "parsable-cite": "usc/47/230" } ] }, { "text": "(b) Offense \n(1) In general \nExcept as provided in subsection (d), it shall be unlawful to knowingly mail, or to distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, an intimate visual depiction of an individual— (A) with knowledge of or reckless disregard for the lack of consent of the individual to the distribution; (B) where what is depicted was not voluntarily exposed by the individual in a public or commercial setting; and (C) where what is depicted is not a matter of public concern. For purposes of this paragraph, the fact that the subject of the depiction consented to the creation of the depiction shall not establish that that person consented to its distribution. (2) Minors \nExcept as provided in subsection (d), it shall be unlawful to knowingly mail, or to distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, a visual depiction of a nude minor with intent to abuse, humiliate, harass, or degrade the minor, or to arouse or gratify the sexual desire of any person.", "id": "H2DFB31EDA47A44479A3A5B3C8B90247C", "header": "Offense", "nested": [], "links": [] }, { "text": "(c) Penalty \n(1) In general \nAny person who violates subsection (b), or attempts or conspires to do so, shall be fined under this title, imprisoned not more than 5 years, or both. (2) Forfeiture \n(A) In general \nThe court, in imposing a sentence on any person convicted of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, or convicted of a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States— (i) any material distributed in violation of this section; (ii) such person’s interest in property, real or personal, constituting or derived from any gross proceeds of such violation, or any property traceable to such property, obtained or retained directly or indirectly as a result of such violation; and (iii) any property, real or personal, used or intended to be used to commit or to facilitate the commission of such offense. (B) Procedures \nSection 413 of the Controlled Substances Act ( 21 U.S.C. 853 ), with the exception of subsections (a) and (d), applies to the criminal forfeiture of property pursuant to subparagraph (A). (3) Restitution \nRestitution shall be available as provided in section 2264 of title 18, United States Code.", "id": "HED23AED8D9B542B19FD4FF1F8474E073", "header": "Penalty", "nested": [], "links": [ { "text": "21 U.S.C. 853", "legal-doc": "usc", "parsable-cite": "usc/21/853" } ] }, { "text": "(d) Exceptions \n(1) Law enforcement, lawful reporting, and other legal proceedings \nThis section— (A) does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States; (B) shall not apply in the case of an individual acting in good faith to report unlawful activity or in pursuance of a legal or professional or other lawful obligation; and (C) shall not apply in the case of a document production or filing associated with a legal proceeding. (2) Service providers \nThis section shall not apply to any provider of a communications service with regard to content provided by another information content provider unless the provider of the communications service intentionally solicits, or knowingly and predominantly distributes, such content.", "id": "HF70AC5505B1445968709A3A48906F842", "header": "Exceptions", "nested": [], "links": [] }, { "text": "(e) Threats \nAny person who threatens to commit an offense under subsection (b) shall be punished as provided in subsection (c).", "id": "HA8AEEA41F7334B458CBEBE0224B568DD", "header": "Threats", "nested": [], "links": [] }, { "text": "(f) Extraterritoriality \nThere is extraterritorial Federal jurisdiction over an offense under this section if the defendant or the depicted individual is a citizen or permanent resident of the United States.", "id": "H80EC1899097D4A38837D489CE0219321", "header": "Extraterritoriality", "nested": [], "links": [] }, { "text": "(g) Civil forfeiture \nThe following shall be subject to forfeiture to the United States in accordance with provisions of chapter 46 and no property right shall exist in them: (1) Any material distributed in violation of this chapter. (2) Any property, real or personal, that was used, in any manner, to commit or to facilitate the commission of a violation involving intimate visual depictions or visual depictions of a nude minor under this section or a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this section. (3) Any property, real or personal, constituting, or traceable to the gross proceeds obtained or retained in connection with or as a result of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this section.", "id": "H699A4E15397547FCA7F608B8A48E40C7", "header": "Civil forfeiture", "nested": [], "links": [] }, { "text": "(h) Rule of construction \nNothing in this section shall be construed to limit the application of any other relevant law, including section 2252 of this title.", "id": "id695af6fa6df54f90a5c3e97053968e56", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [ { "text": "47 U.S.C. 153", "legal-doc": "usc", "parsable-cite": "usc/47/153" }, { "text": "47 U.S.C. 153", "legal-doc": "usc", "parsable-cite": "usc/47/153" }, { "text": "47 U.S.C. 230(f)", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "47 U.S.C. 230(f)", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "21 U.S.C. 853", "legal-doc": "usc", "parsable-cite": "usc/21/853" } ] }, { "text": "1. Short title \nThis Act may be cited as the Stopping Harmful Image Exploitation and Limiting Distribution Act of 2023 or the SHIELD Act of 2023.", "id": "id5402bc2b-155d-460f-83e1-bf16e6725545", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Certain activities relating to intimate visual depictions \n(a) In general \nChapter 88 of title 18, United States Code, is amended by adding at the end the following: 1802. Certain activities relating to intimate visual depictions \n(a) Definitions \nIn this section: (1) Communications service \nThe term communications service means— (A) a service provided by a person that is a common carrier, as that term is defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ), insofar as the person is acting as a common carrier; (B) an electronic communication service, as that term is defined in section 2510; (C) an information service, as that term is defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ); and (D) an interactive computer service, as that term is defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (2) Information content provider \nThe term information content provider has the meaning given that term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (3) Intimate visual depiction \nThe term intimate visual depiction means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image who has attained 18 years of age at the time the intimate visual depiction is created and— (A) who is depicted engaging in sexually explicit conduct; or (B) whose genitals, anus, pubic area, or female nipple are unclothed and visible. (4) Visual depiction of a nude minor \nThe term visual depiction of a nude minor means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image who was under 18 years of age at the time the visual depiction was created in which the actual anus, genitals, or pubic area, or post-pubescent female nipple, of the minor are unclothed, visible, and displayed in a manner that does not constitute sexually explicit conduct. (5) Sexually explicit conduct \nThe term sexually explicit conduct has the meaning given that term in section 2256(2)(A). (b) Offenses \n(1) In general \nExcept as provided in subsection (d), it shall be unlawful to knowingly mail, or to knowingly distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, an intimate visual depiction of an individual— (A) with knowledge of the lack of consent of the individual to the distribution; (B) where what is depicted was not voluntarily exposed by the individual in a public or commercial setting; and (C) where what is depicted is not a matter of public concern. For purposes of this paragraph, the fact that the subject of the depiction consented to the creation of the depiction shall not establish that that person consented to its distribution. (2) Minors \nExcept as provided in subsection (d), it shall be unlawful to knowingly mail, or to knowingly distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, a visual depiction of a nude minor with intent to abuse, humiliate, harass, or degrade the minor, or to arouse or gratify the sexual desire of any person. (c) Penalty \n(1) In general \nAny person who violates subsection (b), or attempts or conspires to do so, shall be fined under this title, imprisoned not more than 5 years, or both. (2) Forfeiture \n(A) In general \nThe court, in imposing a sentence on any person convicted of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, or convicted of a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States— (i) any material distributed in violation of this section; (ii) such person’s interest in property, real or personal, constituting or derived from any gross proceeds of such violation, or any property traceable to such property, obtained or retained directly or indirectly as a result of such violation; and (iii) any property, real or personal, used or intended to be used to commit or to facilitate the commission of such offense. (B) Procedures \nSection 413 of the Controlled Substances Act ( 21 U.S.C. 853 ), with the exception of subsections (a) and (d), applies to the criminal forfeiture of property pursuant to subparagraph (A). (3) Restitution \nRestitution shall be available as provided in section 2264 of this title. (d) Exceptions \n(1) Law enforcement, lawful reporting, and other legal proceedings \nThis section— (A) does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States; (B) shall not apply in the case of an individual acting in good faith to report unlawful or unsolicited activity or in pursuance of a legal or professional or other lawful obligation; and (C) shall not apply in the case of a document production or filing associated with a legal proceeding. (2) Service providers \nThis section shall not apply to any provider of a communications service with regard to content provided by another information content provider unless the provider of the communications service intentionally solicits, or knowingly and predominantly distributes, such content. (e) Threats \nAny person who threatens to commit an offense under subsection (b) shall be punished as provided in subsection (c). (f) Extraterritoriality \nThere is extraterritorial Federal jurisdiction over an offense under this section if the defendant or the depicted individual is a citizen or permanent resident of the United States. (g) Rule of construction \nNothing in this section shall be construed to limit the application of any other relevant law, including section 2252 of this title.. (b) Clerical amendment \nThe table of sections for chapter 88 of title 18, United States Code, is amended by inserting after the item relating to section 1801 the following: 1802. Certain activities relating to intimate visual depictions.. (c) Conforming amendment \nSection 2264(a) of title 18, United States Code, is amended by inserting , or under section 1802 of this title before the period.", "id": "ide7f693a1-eef4-413e-af82-bdbf7815b5f4", "header": "Certain activities relating to intimate visual depictions", "nested": [ { "text": "(a) In general \nChapter 88 of title 18, United States Code, is amended by adding at the end the following: 1802. Certain activities relating to intimate visual depictions \n(a) Definitions \nIn this section: (1) Communications service \nThe term communications service means— (A) a service provided by a person that is a common carrier, as that term is defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ), insofar as the person is acting as a common carrier; (B) an electronic communication service, as that term is defined in section 2510; (C) an information service, as that term is defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ); and (D) an interactive computer service, as that term is defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (2) Information content provider \nThe term information content provider has the meaning given that term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (3) Intimate visual depiction \nThe term intimate visual depiction means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image who has attained 18 years of age at the time the intimate visual depiction is created and— (A) who is depicted engaging in sexually explicit conduct; or (B) whose genitals, anus, pubic area, or female nipple are unclothed and visible. (4) Visual depiction of a nude minor \nThe term visual depiction of a nude minor means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image who was under 18 years of age at the time the visual depiction was created in which the actual anus, genitals, or pubic area, or post-pubescent female nipple, of the minor are unclothed, visible, and displayed in a manner that does not constitute sexually explicit conduct. (5) Sexually explicit conduct \nThe term sexually explicit conduct has the meaning given that term in section 2256(2)(A). (b) Offenses \n(1) In general \nExcept as provided in subsection (d), it shall be unlawful to knowingly mail, or to knowingly distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, an intimate visual depiction of an individual— (A) with knowledge of the lack of consent of the individual to the distribution; (B) where what is depicted was not voluntarily exposed by the individual in a public or commercial setting; and (C) where what is depicted is not a matter of public concern. For purposes of this paragraph, the fact that the subject of the depiction consented to the creation of the depiction shall not establish that that person consented to its distribution. (2) Minors \nExcept as provided in subsection (d), it shall be unlawful to knowingly mail, or to knowingly distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, a visual depiction of a nude minor with intent to abuse, humiliate, harass, or degrade the minor, or to arouse or gratify the sexual desire of any person. (c) Penalty \n(1) In general \nAny person who violates subsection (b), or attempts or conspires to do so, shall be fined under this title, imprisoned not more than 5 years, or both. (2) Forfeiture \n(A) In general \nThe court, in imposing a sentence on any person convicted of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, or convicted of a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States— (i) any material distributed in violation of this section; (ii) such person’s interest in property, real or personal, constituting or derived from any gross proceeds of such violation, or any property traceable to such property, obtained or retained directly or indirectly as a result of such violation; and (iii) any property, real or personal, used or intended to be used to commit or to facilitate the commission of such offense. (B) Procedures \nSection 413 of the Controlled Substances Act ( 21 U.S.C. 853 ), with the exception of subsections (a) and (d), applies to the criminal forfeiture of property pursuant to subparagraph (A). (3) Restitution \nRestitution shall be available as provided in section 2264 of this title. (d) Exceptions \n(1) Law enforcement, lawful reporting, and other legal proceedings \nThis section— (A) does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States; (B) shall not apply in the case of an individual acting in good faith to report unlawful or unsolicited activity or in pursuance of a legal or professional or other lawful obligation; and (C) shall not apply in the case of a document production or filing associated with a legal proceeding. (2) Service providers \nThis section shall not apply to any provider of a communications service with regard to content provided by another information content provider unless the provider of the communications service intentionally solicits, or knowingly and predominantly distributes, such content. (e) Threats \nAny person who threatens to commit an offense under subsection (b) shall be punished as provided in subsection (c). (f) Extraterritoriality \nThere is extraterritorial Federal jurisdiction over an offense under this section if the defendant or the depicted individual is a citizen or permanent resident of the United States. (g) Rule of construction \nNothing in this section shall be construed to limit the application of any other relevant law, including section 2252 of this title..", "id": "id8d8ae33b-7292-46c1-b174-cab073dc84b2", "header": "In general", "nested": [], "links": [ { "text": "Chapter 88", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/88" }, { "text": "47 U.S.C. 153", "legal-doc": "usc", "parsable-cite": "usc/47/153" }, { "text": "47 U.S.C. 153", "legal-doc": "usc", "parsable-cite": "usc/47/153" }, { "text": "47 U.S.C. 230(f)", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "47 U.S.C. 230(f)", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "21 U.S.C. 853", "legal-doc": "usc", "parsable-cite": "usc/21/853" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for chapter 88 of title 18, United States Code, is amended by inserting after the item relating to section 1801 the following: 1802. Certain activities relating to intimate visual depictions..", "id": "idb4c3d6cf-b2bd-442b-ab40-2b10b4e454df", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 88", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/88" }, { "text": "section 1801", "legal-doc": "usc", "parsable-cite": "usc/18/1801" } ] }, { "text": "(c) Conforming amendment \nSection 2264(a) of title 18, United States Code, is amended by inserting , or under section 1802 of this title before the period.", "id": "ide4df56068986448b86d4612f80fac483", "header": "Conforming amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 88", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/88" }, { "text": "47 U.S.C. 153", "legal-doc": "usc", "parsable-cite": "usc/47/153" }, { "text": "47 U.S.C. 153", "legal-doc": "usc", "parsable-cite": "usc/47/153" }, { "text": "47 U.S.C. 230(f)", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "47 U.S.C. 230(f)", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "21 U.S.C. 853", "legal-doc": "usc", "parsable-cite": "usc/21/853" }, { "text": "chapter 88", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/88" }, { "text": "section 1801", "legal-doc": "usc", "parsable-cite": "usc/18/1801" } ] }, { "text": "1802. Certain activities relating to intimate visual depictions \n(a) Definitions \nIn this section: (1) Communications service \nThe term communications service means— (A) a service provided by a person that is a common carrier, as that term is defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ), insofar as the person is acting as a common carrier; (B) an electronic communication service, as that term is defined in section 2510; (C) an information service, as that term is defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ); and (D) an interactive computer service, as that term is defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (2) Information content provider \nThe term information content provider has the meaning given that term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (3) Intimate visual depiction \nThe term intimate visual depiction means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image who has attained 18 years of age at the time the intimate visual depiction is created and— (A) who is depicted engaging in sexually explicit conduct; or (B) whose genitals, anus, pubic area, or female nipple are unclothed and visible. (4) Visual depiction of a nude minor \nThe term visual depiction of a nude minor means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image who was under 18 years of age at the time the visual depiction was created in which the actual anus, genitals, or pubic area, or post-pubescent female nipple, of the minor are unclothed, visible, and displayed in a manner that does not constitute sexually explicit conduct. (5) Sexually explicit conduct \nThe term sexually explicit conduct has the meaning given that term in section 2256(2)(A). (b) Offenses \n(1) In general \nExcept as provided in subsection (d), it shall be unlawful to knowingly mail, or to knowingly distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, an intimate visual depiction of an individual— (A) with knowledge of the lack of consent of the individual to the distribution; (B) where what is depicted was not voluntarily exposed by the individual in a public or commercial setting; and (C) where what is depicted is not a matter of public concern. For purposes of this paragraph, the fact that the subject of the depiction consented to the creation of the depiction shall not establish that that person consented to its distribution. (2) Minors \nExcept as provided in subsection (d), it shall be unlawful to knowingly mail, or to knowingly distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, a visual depiction of a nude minor with intent to abuse, humiliate, harass, or degrade the minor, or to arouse or gratify the sexual desire of any person. (c) Penalty \n(1) In general \nAny person who violates subsection (b), or attempts or conspires to do so, shall be fined under this title, imprisoned not more than 5 years, or both. (2) Forfeiture \n(A) In general \nThe court, in imposing a sentence on any person convicted of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, or convicted of a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States— (i) any material distributed in violation of this section; (ii) such person’s interest in property, real or personal, constituting or derived from any gross proceeds of such violation, or any property traceable to such property, obtained or retained directly or indirectly as a result of such violation; and (iii) any property, real or personal, used or intended to be used to commit or to facilitate the commission of such offense. (B) Procedures \nSection 413 of the Controlled Substances Act ( 21 U.S.C. 853 ), with the exception of subsections (a) and (d), applies to the criminal forfeiture of property pursuant to subparagraph (A). (3) Restitution \nRestitution shall be available as provided in section 2264 of this title. (d) Exceptions \n(1) Law enforcement, lawful reporting, and other legal proceedings \nThis section— (A) does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States; (B) shall not apply in the case of an individual acting in good faith to report unlawful or unsolicited activity or in pursuance of a legal or professional or other lawful obligation; and (C) shall not apply in the case of a document production or filing associated with a legal proceeding. (2) Service providers \nThis section shall not apply to any provider of a communications service with regard to content provided by another information content provider unless the provider of the communications service intentionally solicits, or knowingly and predominantly distributes, such content. (e) Threats \nAny person who threatens to commit an offense under subsection (b) shall be punished as provided in subsection (c). (f) Extraterritoriality \nThere is extraterritorial Federal jurisdiction over an offense under this section if the defendant or the depicted individual is a citizen or permanent resident of the United States. (g) Rule of construction \nNothing in this section shall be construed to limit the application of any other relevant law, including section 2252 of this title.", "id": "id6fa8b152-ab11-4c85-ae65-985e1db58475", "header": "Certain activities relating to intimate visual depictions", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Communications service \nThe term communications service means— (A) a service provided by a person that is a common carrier, as that term is defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ), insofar as the person is acting as a common carrier; (B) an electronic communication service, as that term is defined in section 2510; (C) an information service, as that term is defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ); and (D) an interactive computer service, as that term is defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (2) Information content provider \nThe term information content provider has the meaning given that term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (3) Intimate visual depiction \nThe term intimate visual depiction means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image who has attained 18 years of age at the time the intimate visual depiction is created and— (A) who is depicted engaging in sexually explicit conduct; or (B) whose genitals, anus, pubic area, or female nipple are unclothed and visible. (4) Visual depiction of a nude minor \nThe term visual depiction of a nude minor means any visual depiction (as that term is defined in section 2256(5)) of an individual who is recognizable by an individual other than the depicted individual from the intimate image itself or information or text displayed in connection with the intimate image who was under 18 years of age at the time the visual depiction was created in which the actual anus, genitals, or pubic area, or post-pubescent female nipple, of the minor are unclothed, visible, and displayed in a manner that does not constitute sexually explicit conduct. (5) Sexually explicit conduct \nThe term sexually explicit conduct has the meaning given that term in section 2256(2)(A).", "id": "id7c2c65d9-37cc-4d26-b07f-1563e9279e36", "header": "Definitions", "nested": [], "links": [ { "text": "47 U.S.C. 153", "legal-doc": "usc", "parsable-cite": "usc/47/153" }, { "text": "47 U.S.C. 153", "legal-doc": "usc", "parsable-cite": "usc/47/153" }, { "text": "47 U.S.C. 230(f)", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "47 U.S.C. 230(f)", "legal-doc": "usc", "parsable-cite": "usc/47/230" } ] }, { "text": "(b) Offenses \n(1) In general \nExcept as provided in subsection (d), it shall be unlawful to knowingly mail, or to knowingly distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, an intimate visual depiction of an individual— (A) with knowledge of the lack of consent of the individual to the distribution; (B) where what is depicted was not voluntarily exposed by the individual in a public or commercial setting; and (C) where what is depicted is not a matter of public concern. For purposes of this paragraph, the fact that the subject of the depiction consented to the creation of the depiction shall not establish that that person consented to its distribution. (2) Minors \nExcept as provided in subsection (d), it shall be unlawful to knowingly mail, or to knowingly distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce, a visual depiction of a nude minor with intent to abuse, humiliate, harass, or degrade the minor, or to arouse or gratify the sexual desire of any person.", "id": "id3dcf3435-e7c8-4627-89d7-111e691759be", "header": "Offenses", "nested": [], "links": [] }, { "text": "(c) Penalty \n(1) In general \nAny person who violates subsection (b), or attempts or conspires to do so, shall be fined under this title, imprisoned not more than 5 years, or both. (2) Forfeiture \n(A) In general \nThe court, in imposing a sentence on any person convicted of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, or convicted of a conspiracy of a violation involving intimate visual depictions or visual depictions of a nude minor under this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States— (i) any material distributed in violation of this section; (ii) such person’s interest in property, real or personal, constituting or derived from any gross proceeds of such violation, or any property traceable to such property, obtained or retained directly or indirectly as a result of such violation; and (iii) any property, real or personal, used or intended to be used to commit or to facilitate the commission of such offense. (B) Procedures \nSection 413 of the Controlled Substances Act ( 21 U.S.C. 853 ), with the exception of subsections (a) and (d), applies to the criminal forfeiture of property pursuant to subparagraph (A). (3) Restitution \nRestitution shall be available as provided in section 2264 of this title.", "id": "idacceb0e8-d0b8-4afb-8c50-72312fd6b65d", "header": "Penalty", "nested": [], "links": [ { "text": "21 U.S.C. 853", "legal-doc": "usc", "parsable-cite": "usc/21/853" } ] }, { "text": "(d) Exceptions \n(1) Law enforcement, lawful reporting, and other legal proceedings \nThis section— (A) does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States; (B) shall not apply in the case of an individual acting in good faith to report unlawful or unsolicited activity or in pursuance of a legal or professional or other lawful obligation; and (C) shall not apply in the case of a document production or filing associated with a legal proceeding. (2) Service providers \nThis section shall not apply to any provider of a communications service with regard to content provided by another information content provider unless the provider of the communications service intentionally solicits, or knowingly and predominantly distributes, such content.", "id": "ide24bf60b-a16c-44be-813d-c5bc78c448a8", "header": "Exceptions", "nested": [], "links": [] }, { "text": "(e) Threats \nAny person who threatens to commit an offense under subsection (b) shall be punished as provided in subsection (c).", "id": "id8d893870-354b-4c23-a27d-ae8cf4b20ebb", "header": "Threats", "nested": [], "links": [] }, { "text": "(f) Extraterritoriality \nThere is extraterritorial Federal jurisdiction over an offense under this section if the defendant or the depicted individual is a citizen or permanent resident of the United States.", "id": "id3bd98de2-46f5-418d-8a1a-0b659197e8bb", "header": "Extraterritoriality", "nested": [], "links": [] }, { "text": "(g) Rule of construction \nNothing in this section shall be construed to limit the application of any other relevant law, including section 2252 of this title.", "id": "id4c5b6a94-e48e-4ef9-97ab-f23a05abc243", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [ { "text": "47 U.S.C. 153", "legal-doc": "usc", "parsable-cite": "usc/47/153" }, { "text": "47 U.S.C. 153", "legal-doc": "usc", "parsable-cite": "usc/47/153" }, { "text": "47 U.S.C. 230(f)", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "47 U.S.C. 230(f)", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "21 U.S.C. 853", "legal-doc": "usc", "parsable-cite": "usc/21/853" } ] } ]

[ "Civil actions and liability", "Crimes against children", "Criminal procedure and sentencing", "Domestic violence and child abuse", "Internet, web applications, social media", "Pornography", "Sex offenses", "Telephone and wireless communication" ]

[ { "text": "1. Short title \nThis Act may be cited as the Raising Tariffs on Imports from China Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Imposition of duties to balance trade with the People's Republic of China \n(a) Calculation of trade with the People's Republic of China \nNot later than January 31 of each year, the President shall calculate and publish in the Federal Register, for the preceding calendar year— (1) the total value of articles imported into the United States from the People’s Republic of China; and (2) the total value of articles exported from the United States to the People’s Republic of China. (b) Imposition of duties \n(1) In general \nIf the total value calculated under paragraph (1) of subsection (a) exceeds the total value calculated under paragraph (2) of that subsection for the preceding calendar year, the President shall impose an additional duty with respect to each article imported into the United States from the People's Republic of China of 25 percent ad valorem. (2) Additional duties \nA duty imposed under paragraph (1) shall be in addition to any duty previously applicable with respect to an article. (c) Continued imposition of duties \nThe duties imposed under subsection (b) with respect to articles imported into the United States from the People's Republic of China shall remain in effect until the total value calculated under paragraph (1) of subsection (a) is equal to or less than the total value calculated under paragraph (2) of that subsection for the preceding calendar year.", "id": "idc6c03338b74649ac9bb94fd56d34abbb", "header": "Imposition of duties to balance trade with the People's Republic of China", "nested": [ { "text": "(a) Calculation of trade with the People's Republic of China \nNot later than January 31 of each year, the President shall calculate and publish in the Federal Register, for the preceding calendar year— (1) the total value of articles imported into the United States from the People’s Republic of China; and (2) the total value of articles exported from the United States to the People’s Republic of China.", "id": "idd884a40f746649e49bf8dec1c8efa4c1", "header": "Calculation of trade with the People's Republic of China", "nested": [], "links": [] }, { "text": "(b) Imposition of duties \n(1) In general \nIf the total value calculated under paragraph (1) of subsection (a) exceeds the total value calculated under paragraph (2) of that subsection for the preceding calendar year, the President shall impose an additional duty with respect to each article imported into the United States from the People's Republic of China of 25 percent ad valorem. (2) Additional duties \nA duty imposed under paragraph (1) shall be in addition to any duty previously applicable with respect to an article.", "id": "id2121881ad186492da02c948106fe1083", "header": "Imposition of duties", "nested": [], "links": [] }, { "text": "(c) Continued imposition of duties \nThe duties imposed under subsection (b) with respect to articles imported into the United States from the People's Republic of China shall remain in effect until the total value calculated under paragraph (1) of subsection (a) is equal to or less than the total value calculated under paragraph (2) of that subsection for the preceding calendar year.", "id": "id9507d595619e48c6a061d52559566440", "header": "Continued imposition of duties", "nested": [], "links": [] } ], "links": [] } ]

[ "International Affairs" ]

[ { "text": "1. Short title \nThis Act may be cited as the Legacy Mine Cleanup Act of 2024.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Office of Mountains, Deserts, and Plains \n(a) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Environmental Protection Agency. (2) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Appropriations of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Environment and Public Works of the Senate; (D) the Committee on Health, Education, Labor, and Pensions of the Senate; (E) the Committee on Indian Affairs of the Senate; (F) the Committee on Appropriations of the House of Representatives; (G) the Committee on Energy and Commerce of the House of Representatives; (H) the Committee on Transportation and Infrastructure of the House of Representatives; (I) the Committee on Natural Resources of the House of Representatives; and (J) the Committee on Oversight and Accountability of the House of Representatives. (3) Covered mine site \nThe term covered mine site means the land, water, and surrounding watersheds where extraction, beneficiation, or processing of hardrock ores or minerals occurred, but has been discontinued, including discontinued temporarily. (4) Indian country \nThe term Indian country has the meaning given the term in section 1151 of title 18, United States Code. (5) Navajo Nation abandoned uranium mine site \nThe term Navajo Nation abandoned uranium mine site means an abandoned uranium covered mine site on land of the Navajo Nation. (6) Office \nThe term Office means the Office of Mountains, Deserts, and Plains established by subsection (b)(1). (7) Regional Office \nThe term Regional Office means a Regional Office of the Environmental Protection Agency. (b) Establishment \n(1) In general \nThere is established within the Office of Land and Emergency Management of the Environmental Protection Agency the Office of Mountains, Deserts, and Plains. (2) Director \nThe Office shall be headed by a Director, to be appointed by the Administrator (or a designee). (c) Purposes \nThe purposes of the Office shall be— (1) to coordinate with the headquarters of the Environmental Protection Agency, Regional Offices, and stakeholders response actions of the Environmental Protection Agency at a covered mine site, including a covered mine site in Indian country (as defined in section 1151 of title 18, United States Code), in accordance with Federal law; (2) to establish and disseminate best practices for covered mine site response actions, including identifying— (A) innovative technologies and reuse approaches that support and make progress toward those response actions; and (B) waste storage and disposal solutions; (3) to coordinate with the headquarters of the Environmental Protection Agency, Regional Offices, Federal land management agencies, States, and voluntary nongovernmental organizations, watershed groups, nonliable entities and mining companies, and other entities voluntary response actions at covered mine sites, where applicable, including timely issuance of administrative guidance for nonliable parties; (4) to coordinate with the headquarters of the Environmental Protection Agency and other Federal Government entities, pursuant to existing authorities under section 3303 of title 41, United States Code, hiring practices to support small business concerns to carry out response actions at covered mine sites; (5) to coordinate with the Secretary of the Interior, the Secretary of Energy, the Secretary of Health and Human Services, the Nuclear Regulatory Commission, and other Federal agencies, as the Administrator determines to be appropriate, to ensure interagency coordination of covered mine site response actions, with priority given to coordinating response actions at covered mine sites for which there is no potentially responsible party; and (6) to coordinate other actions as the Administrator determines to be appropriate, pursuant to existing authorities of the Administrator— (A) to support efforts to investigate, characterize, or clean up a discharge, release, or threat of release of a hazardous substance, pollutant, or contaminant into the environment at or from a covered mine site; or (B) to establish best practices to protect and improve human health and the environment and implement appropriate reuse options, including through the use of innovative technologies to recover valuable resources from covered mine site features or areas, as applicable. (d) Duties \nThe Administrator shall carry out through the Office, at a minimum, the following duties: (1) Priority mine list \n(A) In general \nAnnually, the Administrator shall identify covered mine sites that are prioritized for response actions, which may include covered mine sites that are or are not included on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8)(B) ). (B) Creation of list; reports \nThe Administrator shall annually— (i) create a list of covered mine sites identified under subparagraph (A); and (ii) submit to the appropriate committees of Congress a report describing— (I) the methodology used to identify those covered mine sites under that subparagraph; and (II) the status of response actions carried out at covered mine sites on the list. (C) Coordination \nThe Administrator shall— (i) regularly coordinate with Regional Offices, Federal agencies, States, Indian Tribes, Alaska Native Corporations, and stakeholders to update the list of covered mine sites identified under subparagraph (A); and (ii) regularly coordinate with Regional Offices on response actions and share best practices with respect to each covered mine site identified under subparagraph (A). (2) Process improvement \n(A) In general \nThe Administrator shall, pursuant to existing authorities of the Administrator— (i) identify best practices for developing, reviewing, and approving site assessments, remedial investigations, and feasibility studies for covered mine sites; (ii) coordinate research relating to technologies and remedial and removal approaches that are the most successful in limiting the acute and chronic risks posted to human health and the environment by covered mine sites; and (iii) support— (I) government-to-government consultations with Indian Tribes with respect to a covered mine site located within Indian country; and (II) efforts to provide regular updates to the Tribal governments involved in response actions for a covered mine site located on Tribal land under the jurisdiction of the Indian Tribe. (B) Tribal consultation \nIn supporting consultations with Indian Tribes under subparagraph (A)(iii)(I), the Administrator, in addition to existing applicable law and guidance, shall— (i) as appropriate, invite potentially responsible parties, including Federal agencies, to participate in government-to-government consultations with Indian Tribes; (ii) as appropriate, consult with Alaska Native Corporations in accordance with section 161 of division H of the Consolidated Appropriations Act, 2004 ( 25 U.S.C. 5301 note; Public Law 108–199 ); and (iii) as appropriate, ensure consultations with Tribal allottees occur pursuant to section 2 of the Act of February 5, 1948 (62 Stat. 18, chapter 45; 25 U.S.C. 324 ). (3) Interagency plans for uranium contamination on the Navajo Nation; reports \n(A) In general \nNot later than September 30, 2027, and not less frequently than once every 10 years thereafter, the Administrator, in cooperation with other relevant Federal agencies, including, at a minimum, the Department of Energy, the Nuclear Energy Regulatory Commission, the Department of the Interior, the Indian Health Service, and the Agency for Toxic Substances and Disease Registry, and in consultation with affected Tribal governments, shall develop a 10-year interagency plan for the coordination of the Federal Government with States and Tribal governments to carry out response actions at Navajo Nation abandoned uranium mine sites, including— (i) goals for the assessment of, and response actions at, Navajo Nation abandoned uranium mine sites; (ii) target dates by which goals described in clause (i) are anticipated to be achieved, subject to appropriations; (iii) the projected appropriations necessary to achieve goals described in clause (i) by the target dates described in clause (ii); and (iv) the activities to be carried out by each Federal agency under the plan. (B) Reports \nNot later than 90 days after the date on which a plan is developed under subparagraph (A), the Administrator shall submit to the appropriate committees of Congress a report describing the applicable plan. (4) Administrative and technical assistance \nThe Administrator shall, pursuant to existing authorities of the Administrator, provide to States, units of local government, Indian Tribes, and other entities technical assistance with respect to response actions on covered mine sites. (e) No new regulatory authority \nNothing in this section provides the Administrator with new regulatory authority not already established in law.", "id": "id436B39032FB24EFD95ABAA9062C6FE5B", "header": "Office of Mountains, Deserts, and Plains", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Environmental Protection Agency. (2) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Appropriations of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Environment and Public Works of the Senate; (D) the Committee on Health, Education, Labor, and Pensions of the Senate; (E) the Committee on Indian Affairs of the Senate; (F) the Committee on Appropriations of the House of Representatives; (G) the Committee on Energy and Commerce of the House of Representatives; (H) the Committee on Transportation and Infrastructure of the House of Representatives; (I) the Committee on Natural Resources of the House of Representatives; and (J) the Committee on Oversight and Accountability of the House of Representatives. (3) Covered mine site \nThe term covered mine site means the land, water, and surrounding watersheds where extraction, beneficiation, or processing of hardrock ores or minerals occurred, but has been discontinued, including discontinued temporarily. (4) Indian country \nThe term Indian country has the meaning given the term in section 1151 of title 18, United States Code. (5) Navajo Nation abandoned uranium mine site \nThe term Navajo Nation abandoned uranium mine site means an abandoned uranium covered mine site on land of the Navajo Nation. (6) Office \nThe term Office means the Office of Mountains, Deserts, and Plains established by subsection (b)(1). (7) Regional Office \nThe term Regional Office means a Regional Office of the Environmental Protection Agency.", "id": "id933DF0DF2A8D4B4A8F67B574E2955162", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Establishment \n(1) In general \nThere is established within the Office of Land and Emergency Management of the Environmental Protection Agency the Office of Mountains, Deserts, and Plains. (2) Director \nThe Office shall be headed by a Director, to be appointed by the Administrator (or a designee).", "id": "id69fc140128474951963066a249260676", "header": "Establishment", "nested": [], "links": [] }, { "text": "(c) Purposes \nThe purposes of the Office shall be— (1) to coordinate with the headquarters of the Environmental Protection Agency, Regional Offices, and stakeholders response actions of the Environmental Protection Agency at a covered mine site, including a covered mine site in Indian country (as defined in section 1151 of title 18, United States Code), in accordance with Federal law; (2) to establish and disseminate best practices for covered mine site response actions, including identifying— (A) innovative technologies and reuse approaches that support and make progress toward those response actions; and (B) waste storage and disposal solutions; (3) to coordinate with the headquarters of the Environmental Protection Agency, Regional Offices, Federal land management agencies, States, and voluntary nongovernmental organizations, watershed groups, nonliable entities and mining companies, and other entities voluntary response actions at covered mine sites, where applicable, including timely issuance of administrative guidance for nonliable parties; (4) to coordinate with the headquarters of the Environmental Protection Agency and other Federal Government entities, pursuant to existing authorities under section 3303 of title 41, United States Code, hiring practices to support small business concerns to carry out response actions at covered mine sites; (5) to coordinate with the Secretary of the Interior, the Secretary of Energy, the Secretary of Health and Human Services, the Nuclear Regulatory Commission, and other Federal agencies, as the Administrator determines to be appropriate, to ensure interagency coordination of covered mine site response actions, with priority given to coordinating response actions at covered mine sites for which there is no potentially responsible party; and (6) to coordinate other actions as the Administrator determines to be appropriate, pursuant to existing authorities of the Administrator— (A) to support efforts to investigate, characterize, or clean up a discharge, release, or threat of release of a hazardous substance, pollutant, or contaminant into the environment at or from a covered mine site; or (B) to establish best practices to protect and improve human health and the environment and implement appropriate reuse options, including through the use of innovative technologies to recover valuable resources from covered mine site features or areas, as applicable.", "id": "id0873413b3814403aa1f44ac44b4a9941", "header": "Purposes", "nested": [], "links": [] }, { "text": "(d) Duties \nThe Administrator shall carry out through the Office, at a minimum, the following duties: (1) Priority mine list \n(A) In general \nAnnually, the Administrator shall identify covered mine sites that are prioritized for response actions, which may include covered mine sites that are or are not included on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8)(B) ). (B) Creation of list; reports \nThe Administrator shall annually— (i) create a list of covered mine sites identified under subparagraph (A); and (ii) submit to the appropriate committees of Congress a report describing— (I) the methodology used to identify those covered mine sites under that subparagraph; and (II) the status of response actions carried out at covered mine sites on the list. (C) Coordination \nThe Administrator shall— (i) regularly coordinate with Regional Offices, Federal agencies, States, Indian Tribes, Alaska Native Corporations, and stakeholders to update the list of covered mine sites identified under subparagraph (A); and (ii) regularly coordinate with Regional Offices on response actions and share best practices with respect to each covered mine site identified under subparagraph (A). (2) Process improvement \n(A) In general \nThe Administrator shall, pursuant to existing authorities of the Administrator— (i) identify best practices for developing, reviewing, and approving site assessments, remedial investigations, and feasibility studies for covered mine sites; (ii) coordinate research relating to technologies and remedial and removal approaches that are the most successful in limiting the acute and chronic risks posted to human health and the environment by covered mine sites; and (iii) support— (I) government-to-government consultations with Indian Tribes with respect to a covered mine site located within Indian country; and (II) efforts to provide regular updates to the Tribal governments involved in response actions for a covered mine site located on Tribal land under the jurisdiction of the Indian Tribe. (B) Tribal consultation \nIn supporting consultations with Indian Tribes under subparagraph (A)(iii)(I), the Administrator, in addition to existing applicable law and guidance, shall— (i) as appropriate, invite potentially responsible parties, including Federal agencies, to participate in government-to-government consultations with Indian Tribes; (ii) as appropriate, consult with Alaska Native Corporations in accordance with section 161 of division H of the Consolidated Appropriations Act, 2004 ( 25 U.S.C. 5301 note; Public Law 108–199 ); and (iii) as appropriate, ensure consultations with Tribal allottees occur pursuant to section 2 of the Act of February 5, 1948 (62 Stat. 18, chapter 45; 25 U.S.C. 324 ). (3) Interagency plans for uranium contamination on the Navajo Nation; reports \n(A) In general \nNot later than September 30, 2027, and not less frequently than once every 10 years thereafter, the Administrator, in cooperation with other relevant Federal agencies, including, at a minimum, the Department of Energy, the Nuclear Energy Regulatory Commission, the Department of the Interior, the Indian Health Service, and the Agency for Toxic Substances and Disease Registry, and in consultation with affected Tribal governments, shall develop a 10-year interagency plan for the coordination of the Federal Government with States and Tribal governments to carry out response actions at Navajo Nation abandoned uranium mine sites, including— (i) goals for the assessment of, and response actions at, Navajo Nation abandoned uranium mine sites; (ii) target dates by which goals described in clause (i) are anticipated to be achieved, subject to appropriations; (iii) the projected appropriations necessary to achieve goals described in clause (i) by the target dates described in clause (ii); and (iv) the activities to be carried out by each Federal agency under the plan. (B) Reports \nNot later than 90 days after the date on which a plan is developed under subparagraph (A), the Administrator shall submit to the appropriate committees of Congress a report describing the applicable plan. (4) Administrative and technical assistance \nThe Administrator shall, pursuant to existing authorities of the Administrator, provide to States, units of local government, Indian Tribes, and other entities technical assistance with respect to response actions on covered mine sites.", "id": "idce759022c1ce445fa648aec4686b97ed", "header": "Duties", "nested": [], "links": [ { "text": "42 U.S.C. 9605(a)(8)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/9605" }, { "text": "25 U.S.C. 5301", "legal-doc": "usc", "parsable-cite": "usc/25/5301" }, { "text": "Public Law 108–199", "legal-doc": "public-law", "parsable-cite": "pl/108/199" }, { "text": "25 U.S.C. 324", "legal-doc": "usc", "parsable-cite": "usc/25/324" } ] }, { "text": "(e) No new regulatory authority \nNothing in this section provides the Administrator with new regulatory authority not already established in law.", "id": "ida4658ce3789c43bcab6c5355e6235697", "header": "No new regulatory authority", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 9605(a)(8)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/9605" }, { "text": "25 U.S.C. 5301", "legal-doc": "usc", "parsable-cite": "usc/25/5301" }, { "text": "Public Law 108–199", "legal-doc": "public-law", "parsable-cite": "pl/108/199" }, { "text": "25 U.S.C. 324", "legal-doc": "usc", "parsable-cite": "usc/25/324" } ] } ]

[ "Advanced technology and technological innovations", "Congressional oversight", "Environmental Protection Agency (EPA)", "Executive agency funding and structure", "Federal officials", "Hazardous wastes and toxic substances", "Indian lands and resources rights", "Intergovernmental relations", "Metals", "Mining", "Solid waste and recycling" ]

[ { "text": "That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2024, and for other purposes, namely:", "id": "S1", "header": null, "nested": [], "links": [] }, { "text": "701. The Secretary may use any appropriations made available to the Department of Agriculture in this Act to purchase new passenger motor vehicles, in addition to specific appropriations for this purpose, so long as the total number of vehicles purchased in fiscal year 2024 does not exceed the number of vehicles owned or leased in fiscal year 2018: Provided, That, prior to purchasing additional motor vehicles, the Secretary must determine that such vehicles are necessary for transportation safety, to reduce operational costs, and for the protection of life, property, and public safety: Provided further, That the Secretary may not increase the Department of Agriculture's fleet above the 2018 level unless the Secretary notifies in writing, and receives approval from, the Committees on Appropriations of both Houses of Congress within 30 days of the notification.", "id": "id32f876150fee4e5daf4f3db3fbbf5473", "header": null, "nested": [], "links": [] }, { "text": "702. Notwithstanding any other provision of this Act, the Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or any other available unobligated discretionary balances that are remaining available of the Department of Agriculture to the Working Capital Fund for the acquisition of property, plant and equipment and for the improvement, delivery, and implementation of Department financial, and administrative information technology services, and other support systems necessary for the delivery of financial, administrative, and information technology services, including cloud adoption and migration, of primary benefit to the agencies of the Department of Agriculture, such transferred funds to remain available until expended: Provided, That none of the funds made available by this Act or any other Act shall be transferred to the Working Capital Fund without the prior approval of the agency administrator: Provided further, That none of the funds transferred to the Working Capital Fund pursuant to this section shall be available for obligation without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That none of the funds appropriated by this Act or made available to the Department’s Working Capital Fund shall be available for obligation or expenditure to make any changes to the Department’s National Finance Center without written notification to and prior approval of the Committees on Appropriations of both Houses of Congress as required by section 716 of this Act: Provided further, That none of the funds appropriated by this Act or made available to the Department’s Working Capital Fund shall be available for obligation or expenditure to initiate, plan, develop, implement, or make any changes to remove or relocate any systems, missions, personnel, or functions of the offices of the Chief Financial Officer and the Chief Information Officer, co-located with or from the National Finance Center prior to written notification to and prior approval of the Committee on Appropriations of both Houses of Congress and in accordance with the requirements of section 716 of this Act: Provided further, That the National Finance Center Information Technology Services Division personnel and data center management responsibilities, and control of any functions, missions, and systems for current and future human resources management and integrated personnel and payroll systems (PPS) and functions provided by the Chief Financial Officer and the Chief Information Officer shall remain in the National Finance Center and under the management responsibility and administrative control of the National Finance Center: Provided further, That the Secretary of Agriculture and the offices of the Chief Financial Officer shall actively market to existing and new Departments and other government agencies National Finance Center shared services including, but not limited to, payroll, financial management, and human capital shared services and allow the National Finance Center to perform technology upgrades: Provided further, That of annual income amounts in the Working Capital Fund of the Department of Agriculture attributable to the amounts in excess of the true costs of the shared services provided by the National Finance Center and budgeted for the National Finance Center, the Secretary shall reserve not more than 4 percent for the replacement or acquisition of capital equipment, including equipment for the improvement, delivery, and implementation of financial, administrative, and information technology services, and other systems of the National Finance Center or to pay any unforeseen, extraordinary cost of the National Finance Center: Provided further, That none of the amounts reserved shall be available for obligation unless the Secretary submits written notification of the obligation to the Committees on Appropriations of both Houses of Congress: Provided further, That the limitations on the obligation of funds pending notification to Congressional Committees shall not apply to any obligation that, as determined by the Secretary, is necessary to respond to a declared state of emergency that significantly impacts the operations of the National Finance Center; or to evacuate employees of the National Finance Center to a safe haven to continue operations of the National Finance Center.", "id": "id8C1224425E154AD9B3E8F91D56E9B6C0", "header": null, "nested": [], "links": [] }, { "text": "703. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.", "id": "idB7F18D9D351B4770859F89B47EC70608", "header": null, "nested": [], "links": [] }, { "text": "704. No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act.", "id": "id06A82C52E9CF440CA9A08F4A6ADBAA95", "header": null, "nested": [], "links": [] }, { "text": "705. Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year for the following accounts: the Rural Development Loan Fund program account, the Rural Electrification and Telecommunication Loans program account, and the Rural Housing Insurance Fund program account.", "id": "id79A5A7F8A058498891306C1DC29E821A", "header": null, "nested": [], "links": [] }, { "text": "706. None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided, That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That notwithstanding section 11319 of title 40, United States Code, none of the funds available to the Department of Agriculture for information technology shall be obligated for projects, contracts, or other agreements over $25,000 prior to receipt of written approval by the Chief Information Officer: Provided further, That the Chief Information Officer may authorize an agency to obligate funds without written approval from the Chief Information Officer for projects, contracts, or other agreements up to $250,000 based upon the performance of an agency measured against the performance plan requirements described in the explanatory statement accompanying Public Law 113–235.", "id": "idEEFAD0B341EA41EDB9FD23B811D6F739", "header": null, "nested": [], "links": [ { "text": "Public Law 113–235", "legal-doc": "public-law", "parsable-cite": "pl/113/235" } ] }, { "text": "707. Funds made available under section 524(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1524(b) ) in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year.", "id": "idD59F109FCB544197BAE3E652C2F2F7F7", "header": null, "nested": [], "links": [ { "text": "7 U.S.C. 1524(b)", "legal-doc": "usc", "parsable-cite": "usc/7/1524" } ] }, { "text": "708. Notwithstanding any other provision of law, any former Rural Utilities Service borrower that has repaid or prepaid an insured, direct or guaranteed loan under the Rural Electrification Act of 1936, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act, shall be eligible for assistance under section 313B(a) of such Act in the same manner as a borrower under such Act.", "id": "id3C14A29256F34903A5899DB86247E938", "header": null, "nested": [], "links": [] }, { "text": "709. Except as otherwise specifically provided by law, not more than $20,000,000 in unobligated balances from appropriations made available for salaries and expenses in this Act for the Farm Service Agency shall remain available through September 30, 2025, for information technology expenses.", "id": "id688F30BE18F443B3833E9EAD7E73BF89", "header": null, "nested": [], "links": [] }, { "text": "710. None of the funds appropriated or otherwise made available by this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations.", "id": "idF920E911D520469FA3CE7DA391E123D2", "header": null, "nested": [], "links": [] }, { "text": "711. In the case of each program established or amended by the Agricultural Act of 2014 ( Public Law 113–79 ) or by a successor to that Act, other than by title I or subtitle A of title III of such Act, or programs for which indefinite amounts were provided in that Act, that is authorized or required to be carried out using funds of the Commodity Credit Corporation— (1) such funds shall be available for salaries and related administrative expenses, including technical assistance, associated with the implementation of the program, without regard to the limitation on the total amount of allotments and fund transfers contained in section 11 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714i ); and (2) the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limitation on the total amount of allotments and fund transfers contained in such section.", "id": "id12F5EE1F8AFE4301A2CCABAD500BA4ED", "header": null, "nested": [], "links": [ { "text": "Public Law 113–79", "legal-doc": "public-law", "parsable-cite": "pl/113/79" }, { "text": "15 U.S.C. 714i", "legal-doc": "usc", "parsable-cite": "usc/15/714i" } ] }, { "text": "712. Of the funds made available by this Act, not more than $2,900,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and task forces of the Department of Agriculture, except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants.", "id": "idEA153A9C0C2C460F8809876047255336", "header": null, "nested": [], "links": [] }, { "text": "713. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.", "id": "id798BB8B3C03345A9ABC07AECBC84F28D", "header": null, "nested": [ { "text": "(a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.", "id": "id549b0d4efe18462c915a5c4209c66ba1", "header": null, "nested": [], "links": [] }, { "text": "(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.", "id": "id666027fe11bc4110a4ed9a9c9c14fe8b", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "714. Notwithstanding subsection (b) of section 14222 of Public Law 110–246 ( 7 U.S.C. 612c–6 ; in this section referred to as section 14222 ), none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out a program under section 32 of the Act of August 24, 1935 ( 7 U.S.C. 612c ; in this section referred to as section 32 ) in excess of $1,573,666,000 (exclusive of carryover appropriations from prior fiscal years), as follows: Child Nutrition Programs Entitlement Commodities—$485,000,000; State Option Contracts—$5,000,000; Removal of Defective Commodities—$2,500,000; Administration of section 32 Commodity Purchases—$37,178,000: Provided, That, of the total funds made available in the matter preceding this proviso that remain unobligated on October 1, 2024, such unobligated balances shall carryover into fiscal year 2025 and shall remain available until expended for any of the purposes of section 32, except that any such carryover funds used in accordance with clause (3) of section 32 may not exceed $350,000,000 and may not be obligated until the Secretary of Agriculture provides written notification of the expenditures to the Committees on Appropriations of both Houses of Congress at least two weeks in advance: Provided further, That, with the exception of any available carryover funds authorized in any prior appropriations Act to be used for the purposes of clause (3) of section 32, none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries or expenses of any employee of the Department of Agriculture to carry out clause (3) of section 32.", "id": "id7899D161605B4A609D0E5FACCE082BB7", "header": null, "nested": [], "links": [ { "text": "Public Law 110–246", "legal-doc": "public-law", "parsable-cite": "pl/110/246" }, { "text": "7 U.S.C. 612c–6", "legal-doc": "usc", "parsable-cite": "usc/7/612c-6" }, { "text": "7 U.S.C. 612c", "legal-doc": "usc", "parsable-cite": "usc/7/612c" } ] }, { "text": "715. None of the funds appropriated by this or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President's budget submission to the Congress for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the budget unless such budget submission identifies which additional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2024 appropriations Act.", "id": "idCA3BE2E91880441FAA379E034F4754B3", "header": null, "nested": [], "links": [] }, { "text": "716. (a) None of the funds provided by this Act, or provided by previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Organic Act of 1944 ( 7 U.S.C. 2257 ) or section 8 of Public Law 89–106 ( 7 U.S.C. 2263 ), that— (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority. (b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming or use of the authorities referred to in subsection (a) involving funds in excess of $500,000 or 10 percent, whichever is less, that— (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such authority. (c) The Secretary of Agriculture or the Secretary of Health and Human Services shall notify in writing and receive approval from the Committees on Appropriations of both Houses of Congress before implementing any program or activity not carried out during the previous fiscal year unless the program or activity is funded by this Act or specifically funded by any other Act. (d) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for— (1) modifying major capital investments funding levels, including information technology systems, that involves increasing or decreasing funds in the current fiscal year for the individual investment in excess of $500,000 or 10 percent of the total cost, whichever is less; (2) realigning or reorganizing new, current, or vacant positions or agency activities or functions to establish a center, office, branch, or similar entity with ten or more personnel; or (3) carrying out activities or functions that were not described in the budget request; unless the agencies funded by this Act notify, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of using the funds for these purposes. (e) As described in this section, no funds may be used for any activities unless the Secretary of Agriculture or the Secretary of Health and Human Services receives from the Committee on Appropriations of both Houses of Congress written or electronic mail confirmation of receipt of the notification as required in this section.", "id": "id7B2F7A22C75840B68DA4F8F1E2F35B39", "header": null, "nested": [ { "text": "(a) None of the funds provided by this Act, or provided by previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Organic Act of 1944 ( 7 U.S.C. 2257 ) or section 8 of Public Law 89–106 ( 7 U.S.C. 2263 ), that— (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority.", "id": "idecf1cddea31943b8a40283b5185be159", "header": null, "nested": [], "links": [ { "text": "7 U.S.C. 2257", "legal-doc": "usc", "parsable-cite": "usc/7/2257" }, { "text": "Public Law 89–106", "legal-doc": "public-law", "parsable-cite": "pl/89/106" }, { "text": "7 U.S.C. 2263", "legal-doc": "usc", "parsable-cite": "usc/7/2263" } ] }, { "text": "(b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming or use of the authorities referred to in subsection (a) involving funds in excess of $500,000 or 10 percent, whichever is less, that— (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such authority.", "id": "ida9edbad6e093435f8cab836305811226", "header": null, "nested": [], "links": [] }, { "text": "(c) The Secretary of Agriculture or the Secretary of Health and Human Services shall notify in writing and receive approval from the Committees on Appropriations of both Houses of Congress before implementing any program or activity not carried out during the previous fiscal year unless the program or activity is funded by this Act or specifically funded by any other Act.", "id": "idef5bf656586e4a54a8fcaa554fdb049e", "header": null, "nested": [], "links": [] }, { "text": "(d) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for— (1) modifying major capital investments funding levels, including information technology systems, that involves increasing or decreasing funds in the current fiscal year for the individual investment in excess of $500,000 or 10 percent of the total cost, whichever is less; (2) realigning or reorganizing new, current, or vacant positions or agency activities or functions to establish a center, office, branch, or similar entity with ten or more personnel; or (3) carrying out activities or functions that were not described in the budget request; unless the agencies funded by this Act notify, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of using the funds for these purposes.", "id": "idf3de39c545a940c9bf221d5b148fe20b", "header": null, "nested": [], "links": [] }, { "text": "(e) As described in this section, no funds may be used for any activities unless the Secretary of Agriculture or the Secretary of Health and Human Services receives from the Committee on Appropriations of both Houses of Congress written or electronic mail confirmation of receipt of the notification as required in this section.", "id": "id2c00f1e98b844fd5b64772d3c83cd4b2", "header": null, "nested": [], "links": [] } ], "links": [ { "text": "7 U.S.C. 2257", "legal-doc": "usc", "parsable-cite": "usc/7/2257" }, { "text": "Public Law 89–106", "legal-doc": "public-law", "parsable-cite": "pl/89/106" }, { "text": "7 U.S.C. 2263", "legal-doc": "usc", "parsable-cite": "usc/7/2263" } ] }, { "text": "717. Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(g)(5) ), the Secretary may assess a one-time fee for any guaranteed business and industry loan in an amount that does not exceed 4 percent of the guaranteed principal portion of the loan.", "id": "id000A690CFF5047DEA94EF6076310CE35", "header": null, "nested": [], "links": [ { "text": "7 U.S.C. 1932(g)(5)", "legal-doc": "usc", "parsable-cite": "usc/7/1932" } ] }, { "text": "718. None of the funds appropriated or otherwise made available to the Department of Agriculture, the Food and Drug Administration or the Farm Credit Administration shall be used to transmit or otherwise make available reports, questions, or responses to questions that are a result of information requested for the appropriations hearing process to any non-Department of Agriculture, non-Department of Health and Human Services, or non-Farm Credit Administration employee.", "id": "idBB8516F8F9CD42F69F00A13EBBCF2E0F", "header": null, "nested": [], "links": [] }, { "text": "719. Unless otherwise authorized by existing law, none of the funds provided in this Act, may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency.", "id": "idCDE9F16592EA487AB7740E55E73A2DEE", "header": null, "nested": [], "links": [] }, { "text": "720. No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act or any other Act to any other agency or office of the Department for more than 60 days in a fiscal year unless the individual's employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment.", "id": "id7ED2BB6E50F148858BEA8662C8053E7B", "header": null, "nested": [], "links": [] }, { "text": "721. Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture, the Commissioner of the Food and Drug Administration and the Chairman of the Farm Credit Administration shall submit to the Committees on Appropriations of both Houses of Congress a detailed spending plan by program, project, and activity for all the funds made available under this Act including appropriated user fees, as defined in the report accompanying this Act.", "id": "id20133702334243F0875529CC8ED65497", "header": null, "nested": [], "links": [] }, { "text": "722. None of the funds made available by this Act may be used to propose, promulgate, or implement any rule, or take any other action with respect to, allowing or requiring information intended for a prescribing health care professional, in the case of a drug or biological product subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(b)(1) ), to be distributed to such professional electronically (in lieu of in paper form) unless and until a Federal law is enacted to allow or require such distribution.", "id": "id76B0D8D9E5994C23846CA9E833EFB908", "header": null, "nested": [], "links": [ { "text": "21 U.S.C. 353(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/21/353" } ] }, { "text": "723. For the purposes of determining eligibility or level of program assistance for Rural Housing Service programs the Secretary shall not include incarcerated prison populations.", "id": "idA30560F4BE134B09A546C50E637AFBDE", "header": null, "nested": [], "links": [] }, { "text": "724. For loans and loan guarantees that do not require budget authority and the program level has been established in this Act, the Secretary of Agriculture may increase the program level for such loans and loan guarantees by not more than 25 percent: Provided, That prior to the Secretary implementing such an increase, the Secretary notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 15 days in advance.", "id": "id46325D04AF594233B7DA274627754D41", "header": null, "nested": [], "links": [] }, { "text": "725. None of the credit card refunds or rebates transferred to the Working Capital Fund pursuant to section 729 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 ( 7 U.S.C. 2235a ; Public Law 107–76 ) shall be available for obligation without written notification to, and the prior approval of, the Committees on Appropriations of both Houses of Congress: Provided, That the refunds or rebates so transferred shall be available for obligation only for the acquisition of property, plant and equipment, including equipment for the improvement, delivery, and implementation of Departmental financial management, information technology, and other support systems necessary for the delivery of financial, administrative, and information technology services, including cloud adoption and migration, of primary benefit to the agencies of the Department of Agriculture.", "id": "id76400191C645493F9E762A08EDC35E13", "header": null, "nested": [], "links": [ { "text": "7 U.S.C. 2235a", "legal-doc": "usc", "parsable-cite": "usc/7/2235a" }, { "text": "Public Law 107–76", "legal-doc": "public-law", "parsable-cite": "pl/107/76" } ] }, { "text": "726. None of the funds made available by this Act may be used to implement, administer, or enforce the variety requirements of the final rule entitled Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP) published by the Department of Agriculture in the Federal Register on December 15, 2016 (81 Fed. Reg. 90675) until the Secretary of Agriculture amends the definition of the term variety as defined in section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and variety as applied in the definition of the term staple food as defined in section 271.2 of title 7, Code of Federal Regulations, to increase the number of items that qualify as acceptable varieties in each staple food category so that the total number of such items in each staple food category exceeds the number of such items in each staple food category included in the final rule as published on December 15, 2016: Provided, That until the Secretary promulgates such regulatory amendments, the Secretary shall apply the requirements regarding acceptable varieties and breadth of stock to Supplemental Nutrition Assistance Program retailers that were in effect on the day before the date of the enactment of the Agricultural Act of 2014 ( Public Law 113–79 ).", "id": "id5989A8AEFFC649809D3C8D599DD4B801", "header": null, "nested": [], "links": [ { "text": "Public Law 113–79", "legal-doc": "public-law", "parsable-cite": "pl/113/79" } ] }, { "text": "727. In carrying out subsection (h) of section 502 of the Housing Act of 1949 ( 42 U.S.C. 1472 ), the Secretary of Agriculture shall have the same authority with respect to loans guaranteed under such section and eligible lenders for such loans as the Secretary has under subsections (h) and (j) of section 538 of such Act ( 42 U.S.C. 1490p–2 ) with respect to loans guaranteed under such section 538 and eligible lenders for such loans.", "id": "id38CF4CE47C7E47008DA95A959C534075", "header": null, "nested": [], "links": [ { "text": "42 U.S.C. 1472", "legal-doc": "usc", "parsable-cite": "usc/42/1472" }, { "text": "42 U.S.C. 1490p–2", "legal-doc": "usc", "parsable-cite": "usc/42/1490p-2" } ] }, { "text": "728. None of the funds appropriated or otherwise made available by this Act shall be available for the United States Department of Agriculture to propose, finalize or implement any regulation that would promulgate new user fees pursuant to 31 U.S.C. 9701 after the date of the enactment of this Act.", "id": "id866A6D502ACD4903B0C6F93245BED582", "header": null, "nested": [], "links": [] }, { "text": "729. Of the unobligated balances from amounts made available for the Broadband Treasury Rate Loan program, authorized in section 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb ), $9,156,000 are hereby permanently cancelled: Provided, That no amounts shall be cancelled from amounts that were designated by the Congress as an emergency or disaster relief requirement pursuant to the concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.", "id": "idC81A13E6EDAC4C1697AF8ECADEB2FD48", "header": null, "nested": [], "links": [ { "text": "7 U.S.C. 950bb", "legal-doc": "usc", "parsable-cite": "usc/7/950bb" } ] }, { "text": "730. Notwithstanding any provision of law that regulates the calculation and payment of overtime and holiday pay for FSIS inspectors, the Secretary may charge establishments subject to the inspection requirements of the Poultry Products Inspection Act, 21 U.S.C. 451 et seq. , the Federal Meat Inspection Act, 21 U.S.C. 601 et seq, and the Egg Products Inspection Act, 21 U.S.C. 1031 et seq. , for the cost of inspection services provided outside of an establishment’s approved inspection shifts, and for inspection services provided on Federal holidays: Provided, That any sums charged pursuant to this paragraph shall be deemed as overtime pay or holiday pay under section 1001(d) of the American Rescue Plan Act of 2021 ( Public Law 117–2 , 135 Stat. 242): Provided further, That sums received by the Secretary under this paragraph shall, in addition to other available funds, remain available until expended to the Secretary without further appropriation for the purpose of funding all costs associated with FSIS inspections.", "id": "id3AA35899382743BEBE74D04B58CC5E2D", "header": null, "nested": [], "links": [ { "text": "21 U.S.C. 451 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/451" }, { "text": "21 U.S.C. 1031 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/1031" }, { "text": "Public Law 117–2", "legal-doc": "public-law", "parsable-cite": "pl/117/2" } ] }, { "text": "731. (a) The Secretary of Agriculture shall— (1) conduct audits in a manner that evaluates the following factors in the country or region being audited, as applicable— (A) veterinary control and oversight; (B) disease history and vaccination practices; (C) livestock demographics and traceability; (D) epidemiological separation from potential sources of infection; (E) surveillance practices; (F) diagnostic laboratory capabilities; and (G) emergency preparedness and response; and (2) promptly make publicly available the final reports of any audits or reviews conducted pursuant to paragraph (1). (b) This section shall be applied in a manner consistent with United States obligations under its international trade agreements.", "id": "id3D308A44A3AA4F40B760B603CBBE3C09", "header": null, "nested": [ { "text": "(a) The Secretary of Agriculture shall— (1) conduct audits in a manner that evaluates the following factors in the country or region being audited, as applicable— (A) veterinary control and oversight; (B) disease history and vaccination practices; (C) livestock demographics and traceability; (D) epidemiological separation from potential sources of infection; (E) surveillance practices; (F) diagnostic laboratory capabilities; and (G) emergency preparedness and response; and (2) promptly make publicly available the final reports of any audits or reviews conducted pursuant to paragraph (1).", "id": "idba8d1e755d9a43ce96877c0bf29d14d9", "header": null, "nested": [], "links": [] }, { "text": "(b) This section shall be applied in a manner consistent with United States obligations under its international trade agreements.", "id": "id7a084ddb9e0a44e1bb3e2bbb712a0b4c", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "732. Of the unobligated balances from amounts made available in prior Acts for the rural housing voucher program authorized by section 542 of the Housing Act of 1949, ( 42 U.S.C. 1471 et seq. ), as amended, $3,000,000 are hereby permanently cancelled: Provided, That no amounts shall be cancelled from amounts that were designated by the Congress as an emergency or disaster relief requirement pursuant to the concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.", "id": "ida4b0435e41b24cabacbfdf31363103ea", "header": null, "nested": [], "links": [ { "text": "42 U.S.C. 1471 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1471" } ] }, { "text": "733. Of the unobligated balances from amounts made available in prior Acts under the heading Rural Cooperative Development Grants for Agriculture Innovation Centers authorized by section 6402 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1632b ), as amended, $8,000,000 are hereby permanently cancelled: Provided, That no amounts shall be cancelled from amounts that were designated by the Congress as an emergency or disaster relief requirement pursuant to the concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.", "id": "idd365808ddcc74767ae20d02a48219c49", "header": null, "nested": [], "links": [ { "text": "7 U.S.C. 1632b", "legal-doc": "usc", "parsable-cite": "usc/7/1632b" } ] }, { "text": "734. (a) (1) No Federal funds made available for this fiscal year for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926 et seq. ) shall be used for a project for the construction, alteration, maintenance, or repair of a public water or wastewater system unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term iron and steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Secretary of Agriculture (in this section referred to as the Secretary ) or the designee of the Secretary finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Secretary or the designee receives a request for a waiver under this section, the Secretary or the designee shall make available to the public on an informal basis a copy of the request and information available to the Secretary or the designee concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Secretary or the designee shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Department. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. (e) The Secretary may retain up to 0.25 percent of the funds appropriated in this Act for Rural Utilities Service—Rural Water and Waste Disposal Program Account for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section. (f) Subsection (a) shall not apply with respect to a project for which the engineering plans and specifications include use of iron and steel products otherwise prohibited by such subsection if the plans and specifications have received required approvals from State agencies prior to the date of enactment of this Act. (g) For purposes of this section, the terms United States and State shall include each of the several States, the District of Columbia, and each Federally recognized Indian Tribe.", "id": "idD6276EBFEF58420784BA51415EEDF372", "header": null, "nested": [ { "text": "(a) (1) No Federal funds made available for this fiscal year for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926 et seq. ) shall be used for a project for the construction, alteration, maintenance, or repair of a public water or wastewater system unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term iron and steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials.", "id": "id73ad080f28e74062a45c936a293e5840", "header": null, "nested": [], "links": [ { "text": "7 U.S.C. 1926 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/1926" } ] }, { "text": "(b) Subsection (a) shall not apply in any case or category of cases in which the Secretary of Agriculture (in this section referred to as the Secretary ) or the designee of the Secretary finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.", "id": "idd47ea6002a464c8785c4f8fb4abec1f0", "header": null, "nested": [], "links": [] }, { "text": "(c) If the Secretary or the designee receives a request for a waiver under this section, the Secretary or the designee shall make available to the public on an informal basis a copy of the request and information available to the Secretary or the designee concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Secretary or the designee shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Department.", "id": "id804efefb06eb4fde8422c61069ba274c", "header": null, "nested": [], "links": [] }, { "text": "(d) This section shall be applied in a manner consistent with United States obligations under international agreements.", "id": "ide99e895da9b849508f3a7c1b20678930", "header": null, "nested": [], "links": [] }, { "text": "(e) The Secretary may retain up to 0.25 percent of the funds appropriated in this Act for Rural Utilities Service—Rural Water and Waste Disposal Program Account for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section.", "id": "id5adc24f33d5e4748a67705d08760ea96", "header": null, "nested": [], "links": [] }, { "text": "(f) Subsection (a) shall not apply with respect to a project for which the engineering plans and specifications include use of iron and steel products otherwise prohibited by such subsection if the plans and specifications have received required approvals from State agencies prior to the date of enactment of this Act.", "id": "ide599024f0c3f4f30944e66bebd76178d", "header": null, "nested": [], "links": [] }, { "text": "(g) For purposes of this section, the terms United States and State shall include each of the several States, the District of Columbia, and each Federally recognized Indian Tribe.", "id": "iddb1837f91d834a2f854006ecdcb19daf", "header": null, "nested": [], "links": [] } ], "links": [ { "text": "7 U.S.C. 1926 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/1926" } ] }, { "text": "735. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913.", "id": "id9E0775DE8C4C465792CA9B2A138B45FE", "header": null, "nested": [], "links": [ { "text": "18 U.S.C. 1913", "legal-doc": "usc", "parsable-cite": "usc/18/1913" } ] }, { "text": "736. Of the total amounts made available by this Act for direct loans and grants under the following headings: Rural Housing Service—Rural Housing Insurance Fund Program Account ; Rural Housing Service—Mutual and Self-Help Housing Grants ; Rural Housing Service—Rural Housing Assistance Grants ; Rural Housing Service—Rural Community Facilities Program Account ; Rural Business-Cooperative Service—Rural Business Program Account ; Rural Business-Cooperative Service—Rural Economic Development Loans Program Account ; Rural Business-Cooperative Service—Rural Cooperative Development Grants ; Rural Business-Cooperative Service—Rural Microentrepreneur Assistance Program ; Rural Utilities Service—Rural Water and Waste Disposal Program Account ; Rural Utilities Service—Rural Electrification and Telecommunications Loans Program Account ; and Rural Utilities Service—Distance Learning, Telemedicine, and Broadband Program , to the maximum extent feasible, at least 10 percent of the funds shall be allocated for assistance in persistent poverty counties under this section, including, notwithstanding any other provision regarding population limits, any county seat of such a persistent poverty county that has a population that does not exceed the authorized population limit by more than 10 percent: Provided, That for purposes of this section, the term persistent poverty counties means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and 2007–2011 American Community Survey 5-year average, or any territory or possession of the United States: Provided further, That with respect to specific activities for which program levels have been made available by this Act that are not supported by budget authority, the requirements of this section shall be applied to such program level.", "id": "id913A0DBEE87C45A2A84E2424AADC0C47", "header": null, "nested": [], "links": [] }, { "text": "737. None of the funds made available by this Act may be used to notify a sponsor or otherwise acknowledge receipt of a submission for an exemption for investigational use of a drug or biological product under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ) or section 351(a)(3) of the Public Health Service Act ( 42 U.S.C. 262(a)(3) ) in research in which a human embryo is intentionally created or modified to include a heritable genetic modification. Any such submission shall be deemed to have not been received by the Secretary, and the exemption may not go into effect.", "id": "idEFD8E0C394104752948D3589FD2DCEC9", "header": null, "nested": [], "links": [ { "text": "21 U.S.C. 355(i)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/262" } ] }, { "text": "738. None of the funds made available by this or any other Act may be used to enforce the final rule promulgated by the Food and Drug Administration entitled Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption , and published on November 27, 2015, with respect to the regulation of entities that grow, harvest, pack, or hold wine grapes, hops, pulse crops, or almonds.", "id": "id0B90C4D35F66420EB0835CDA63DB6361", "header": null, "nested": [], "links": [] }, { "text": "739. There is hereby appropriated $3,000,000, to remain available until September 30, 2025, for a pilot program for the National Institute of Food and Agriculture to provide grants to nonprofit organizations for programs and services to establish and enhance farming and ranching opportunities for military veterans.", "id": "id37C2CD418FA345EEA766B6F1FE76E67A", "header": null, "nested": [], "links": [] }, { "text": "740. For school years 2023–2024 and 2024–2025, none of the funds made available by this Act may be used to implement or enforce the matter following the first comma in the second sentence of footnote (c) of section 220.8(c) of title 7, Code of Federal Regulations, with respect to the substitution of vegetables for fruits under the school breakfast program established under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ).", "id": "idBF3D5609C45849ECA393C6EBBCD0CDEE", "header": null, "nested": [], "links": [ { "text": "42 U.S.C. 1773", "legal-doc": "usc", "parsable-cite": "usc/42/1773" } ] }, { "text": "741. None of the funds made available by this Act or any other Act may be used— (1) in contravention of section 7606 of the Agricultural Act of 2014 ( 7 U.S.C. 5940 ), subtitle G of the Agricultural Marketing Act of 1946, or section 10114 of the Agriculture Improvement Act of 2018; or (2) to prohibit the transportation, processing, sale, or use of hemp, or seeds of such plant, that is grown or cultivated in accordance with section 7606 of the Agricultural Act of 2014 or subtitle G of the Agricultural Marketing Act of 1946, within or outside the State in which the hemp is grown or cultivated.", "id": "id6089AAC127E14D97BE4FABBFD5901A93", "header": null, "nested": [], "links": [ { "text": "7 U.S.C. 5940", "legal-doc": "usc", "parsable-cite": "usc/7/5940" } ] }, { "text": "742. The Secretary of Agriculture may waive the matching funds requirement under section 412(g) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7632(g) ).", "id": "idBC811639555C4D62A9B666FD373152C9", "header": null, "nested": [], "links": [ { "text": "7 U.S.C. 7632(g)", "legal-doc": "usc", "parsable-cite": "usc/7/7632" } ] }, { "text": "743. There is hereby appropriated $2,000,000, to remain available until expended, for a pilot program for the Secretary to provide grants to qualified non-profit organizations and public housing authorities to provide technical assistance, including financial and legal services, to RHS multi-family housing borrowers to facilitate the acquisition of RHS multi-family housing properties in areas where the Secretary determines a risk of loss of affordable housing, by non-profit housing organizations and public housing authorities as authorized by law that commit to keep such properties in the RHS multi-family housing program for a period of time as determined by the Secretary.", "id": "id4C205729B1334B779A171FC7247F469C", "header": null, "nested": [], "links": [] }, { "text": "744. Of the unobligated balances from amounts made available in prior Acts under the heading Rural Housing Assistance Grants for housing repair grants authorized by section 504 of the Housing Act of 1949 ( 42 U.S.C. 1474 ), as amended, $30,000,000 are hereby permanently cancelled: Provided, That no amounts shall be cancelled from amounts that were designated by the Congress as an emergency or disaster relief requirement pursuant to the concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.", "id": "idAB8369D1448047A59A2576B61A1E9124", "header": null, "nested": [], "links": [ { "text": "42 U.S.C. 1474", "legal-doc": "usc", "parsable-cite": "usc/42/1474" } ] }, { "text": "745. Of the unobligated balances of the amounts made available for fiscal year 2022 for the National Institute of Food and Agriculture—Research and Extension Activities , $307,526,000 are hereby rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985.", "id": "id3d60eed8fc22475ba7a30a83bce362a9", "header": null, "nested": [], "links": [] }, { "text": "746. Funds made available under title II of the Food for Peace Act ( 7 U.S.C. 1721 et seq. ) may only be used to provide assistance to recipient nations if adequate monitoring and controls, as determined by the Administrator, are in place to ensure that emergency food aid is received by the intended beneficiaries in areas affected by food shortages and not diverted for unauthorized or inappropriate purposes.", "id": "id4E3357D96DF84761A627CE762B091BC2", "header": null, "nested": [], "links": [ { "text": "7 U.S.C. 1721 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/1721" } ] }, { "text": "747. None of the funds made available by this Act may be used to procure raw or processed poultry products imported into the United States from the People’s Republic of China for use in the school lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ), the Child and Adult Care Food Program under section 17 of such Act ( 42 U.S.C. 1766 ), the Summer Food Service Program for Children under section 13 of such Act ( 42 U.S.C. 1761 ), or the school breakfast program under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ).", "id": "id43CB4A7E96F74379954D97B954819AE8", "header": null, "nested": [], "links": [ { "text": "42 U.S.C. 1751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1751" }, { "text": "42 U.S.C. 1766", "legal-doc": "usc", "parsable-cite": "usc/42/1766" }, { "text": "42 U.S.C. 1761", "legal-doc": "usc", "parsable-cite": "usc/42/1761" }, { "text": "42 U.S.C. 1771 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1771" } ] }, { "text": "748. For school year 2024–2025, only a school food authority that had a negative balance in the nonprofit school food service account as of June 30, 2023, shall be required to establish a price for paid lunches in accordance with section 12(p) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(p) ).", "id": "id8C9C898EC855406B859610008FE04210", "header": null, "nested": [], "links": [ { "text": "42 U.S.C. 1760(p)", "legal-doc": "usc", "parsable-cite": "usc/42/1760" } ] }, { "text": "749. Any funds made available by this or any other Act that the Secretary withholds pursuant to section 1668(g)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5921(g)(2) ), as amended, shall be available for grants for biotechnology risk assessment research: Provided, That the Secretary may transfer such funds among appropriations of the Department of Agriculture for purposes of making such grants.", "id": "id7F141616D8CE497095066AC79E6FB190", "header": null, "nested": [], "links": [ { "text": "7 U.S.C. 5921(g)(2)", "legal-doc": "usc", "parsable-cite": "usc/7/5921" } ] }, { "text": "750. Notwithstanding any other provision of law, no funds available to the Department of Agriculture may be used to move any staff office or any agency from the mission area in which it was located on August 1, 2018, to any other mission area or office within the Department in the absence of the enactment of specific legislation affirming such move.", "id": "idF24177DA4A5445AF8BF06D7D157DBCF3", "header": null, "nested": [], "links": [] }, { "text": "751. The Secretary, acting through the Chief of the Natural Resources Conservation Service, may use funds appropriated under this Act or any other Act for the Watershed and Flood Prevention Operations Program and the Watershed Rehabilitation Program carried out pursuant to the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq. ), and for the Emergency Watershed Protection Program carried out pursuant to section 403 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2203 ) to provide technical services for such programs pursuant to section 1252(a)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3851(a)(1) ), notwithstanding subsection (c) of such section.", "id": "id4D2AD2908B094EC683DC50756A2BB909", "header": null, "nested": [], "links": [ { "text": "16 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1001" }, { "text": "16 U.S.C. 2203", "legal-doc": "usc", "parsable-cite": "usc/16/2203" }, { "text": "16 U.S.C. 3851(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/16/3851" } ] }, { "text": "752. In administering the pilot program established by section 779 of division A of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ), the Secretary of Agriculture may, for purposes of determining entities eligible to receive assistance, consider those communities which are Areas Rural in Character : Provided, That not more than 10 percent of the funds made available under the heading Distance Learning, Telemedicine, and Broadband Program for the purposes of the pilot program established by section 779 of Public Law 115–141 may be used for this purpose.", "id": "idB7646690DB8B45CCA29463B49CFB44D4", "header": null, "nested": [], "links": [ { "text": "Public Law 115–141", "legal-doc": "public-law", "parsable-cite": "pl/115/141" }, { "text": "Public Law 115–141", "legal-doc": "public-law", "parsable-cite": "pl/115/141" } ] }, { "text": "753. In addition to amounts otherwise made available by this Act and notwithstanding the last sentence of 16 U.S.C. 1310 , there is appropriated $2,000,000, to remain available until expended, to implement non-renewable agreements on eligible lands, including flooded agricultural lands, as determined by the Secretary, under the Water Bank Act ( 16 U.S.C. 1301–1311 ).", "id": "id76C0FADDF2D049DC9983D102B09856D7", "header": null, "nested": [], "links": [ { "text": "16 U.S.C. 1310", "legal-doc": "usc", "parsable-cite": "usc/16/1310" }, { "text": "16 U.S.C. 1301–1311", "legal-doc": "usc", "parsable-cite": "usc/16/1301" } ] }, { "text": "754. Out of amounts appropriated to the Food and Drug Administration under title VI, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall, not later than September 30, 2024, and following the review required under Executive Order No. 12866 ( 5 U.S.C. 601 note; relating to regulatory planning and review), issue advice revising the advice provided in the notice of availability entitled Advice About Eating Fish, From the Environmental Protection Agency and Food and Drug Administration; Revised Fish Advice; Availability (82 Fed. Reg. 6571 (January 19, 2017)), in a manner that is consistent with nutrition science recognized by the Food and Drug Administration on the net effects of seafood consumption.", "id": "id25332EAE988B447EB8D00F9C2E6E0308", "header": null, "nested": [], "links": [ { "text": "5 U.S.C. 601", "legal-doc": "usc", "parsable-cite": "usc/5/601" } ] }, { "text": "755. There is hereby appropriated $2,000,000, to remain available until expended, to carry out section 2103 of Public Law 115–334 : Provided, That the Secretary shall prioritize the wetland compliance needs of areas with significant numbers of individual wetlands, wetland acres, and conservation compliance requests.", "id": "idE6447314ECF946FA85A9280A1A1B6C22", "header": null, "nested": [], "links": [ { "text": "Public Law 115–334", "legal-doc": "public-law", "parsable-cite": "pl/115/334" } ] }, { "text": "756. Notwithstanding any other provision of law, the acceptable market name of any engineered animal approved prior to the effective date of the National Bioengineered Food Disclosure Standard (February 19, 2019) shall include the words genetically engineered prior to the existing acceptable market name.", "id": "idE1DD719DDF0849C4BAC5015E3FD19857", "header": null, "nested": [], "links": [] }, { "text": "757. The Secretary shall set aside for Rural Economic Area Partnership (REAP) Zones, until August 15, 2024, an amount of funds made available in title III under the headings of Rural Housing Insurance Fund Program Account, Mutual and Self-Help Housing Grants, Rural Housing Assistance Grants, Rural Community Facilities Program Account, Rural Business Program Account, Rural Development Loan Fund Program Account, and Rural Water and Waste Disposal Program Account, equal to the amount obligated in REAP Zones with respect to funds provided under such headings in the most recent fiscal year any such funds were obligated under such headings for REAP Zones, excluding the funding provided through any Congressionally Directed Spending/Community Project Funding.", "id": "id1F0182066BB340DC92D3BB1EDDB9BF3F", "header": null, "nested": [], "links": [] }, { "text": "758. There is hereby appropriated $500,000 to carry out the duties of the working group established under section 770 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2019 ( Public Law 116–6 ; 133 Stat. 89).", "id": "id997DBDCE6F674ECFA24DEEE5C4131FD3", "header": null, "nested": [], "links": [ { "text": "Public Law 116–6", "legal-doc": "public-law", "parsable-cite": "pl/116/6" } ] }, { "text": "759. For an additional amount for the Office of the Secretary, $9,000,000, to remain available until expended, to continue the Institute for Rural Partnerships as established in section 778 of Public Law 117–103 : Provided, That the Institute for Rural Partnerships shall continue to dedicate resources to researching the causes and conditions of challenges facing rural areas, and develop community partnerships to address such challenges: Provided further, That administrative or other fees shall not exceed one percent: Provided further, That such partnership shall coordinate and publish an annual report.", "id": "id7D3EBB64F8D24A00A9FDE6ADA03E1750", "header": null, "nested": [], "links": [ { "text": "Public Law 117–103", "legal-doc": "public-law", "parsable-cite": "pl/117/103" } ] }, { "text": "760. Funds made available in the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ) for the Rural Community Facilities Program Account under section 306 of the Consolidated Farm and Rural Development Act, 7 U.S.C. 1926 , for the principal amount of direct loans are to remain available through fiscal year 2028 for the liquidation of valid obligations incurred in fiscal year 2018.", "id": "id27A3E5922C4941BABFA1D8407C002DDB", "header": null, "nested": [], "links": [ { "text": "Public Law 115–141", "legal-doc": "public-law", "parsable-cite": "pl/115/141" }, { "text": "7 U.S.C. 1926", "legal-doc": "usc", "parsable-cite": "usc/7/1926" } ] }, { "text": "761. Section 523 of the Housing Act of 1949 ( 42 U.S.C. 1490c ) is amended in subsection (b)(1)(B) by striking two years and inserting five years.", "id": "idd188f13ded8146778f6d6ae2400b8d40", "header": null, "nested": [], "links": [ { "text": "42 U.S.C. 1490c", "legal-doc": "usc", "parsable-cite": "usc/42/1490c" } ] }, { "text": "762. Section 524 of the Housing Act of 1949 ( 42 U.S.C. 1490d ) is amended in subsection (a)(1) by striking two years and inserting five years.", "id": "id7d2cfdf736b44d26b9d6fd3bb4d8a0da", "header": null, "nested": [], "links": [ { "text": "42 U.S.C. 1490d", "legal-doc": "usc", "parsable-cite": "usc/42/1490d" } ] }, { "text": "763. Section 592 of the Stewart B. McKinney Homeless Assistance Act ( 42 U.S.C. 11408a ) is amended— (1) in the section heading by striking FMHA and inserting USDA ; (2) in subsection (a), by, in the matter preceding paragraph (1), striking program and nonprogram ; and (3) by striking subsection (b) and inserting the following: (b) Priority \nThe priority uses of inventory property under this section shall be given priority equal to or higher than the disposition of such property in accordance with priorities determined by the Secretary as necessary to protect the best interests of the Federal Government..", "id": "id038F9B7378814C50A49492455CFA4884", "header": null, "nested": [], "links": [ { "text": "42 U.S.C. 11408a", "legal-doc": "usc", "parsable-cite": "usc/42/11408a" } ] }, { "text": "764. Section 363 of the Multifamily Mortgage Foreclosure Act of 1981 ( 12 U.S.C. 3702 ) is amended at paragraph (10) by inserting after Secretary of Housing Urban Development the following: and the Secretary of Agriculture.", "id": "idce120ca2bec64bfabfc1df8dc2b9ba87", "header": null, "nested": [], "links": [ { "text": "12 U.S.C. 3702", "legal-doc": "usc", "parsable-cite": "usc/12/3702" } ] }, { "text": "765. There is hereby appropriated $3,000,000, to remain available until September 30, 2025, for a Bison Production and Marketing Grant Program that the Agricultural Marketing Service shall develop and maintain: Provided, That this program shall be similar, as determined by the Secretary, to the Sheep Production and Marketing Grant Program the Department of Agriculture currently maintains pursuant to section 209(c) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1627a(c) ), and shall prioritize grants to national non-profits and federally chartered Tribal organizations that have expertise in bison production or marketing.", "id": "id00e1dfb3087e488d98177a93eac07cd0", "header": null, "nested": [], "links": [ { "text": "7 U.S.C. 1627a(c)", "legal-doc": "usc", "parsable-cite": "usc/7/1627a" } ] }, { "text": "766. Notwithstanding the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1622 et seq. ) and 9 CFR part 352, the Committee provides an additional $700,000 to the USDA Food Safety and Inspection Service to cover voluntary meat inspection fees for the slaughtering or processing of bison/buffalo at Native American owned establishments or establishments operating on tribal lands.", "id": "id5e135f27ca00404d9e012a982520c3ce", "header": null, "nested": [], "links": [ { "text": "7 U.S.C. 1622 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/1622" } ] }, { "text": "767. Of the unobligated balances available to the Department of Agriculture for the Rural Water Operation Program under the heading Natural Resources Conservation Service—Watershed and Flood Prevention Operations from prior appropriations Acts, $20,000,000 is hereby rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.", "id": "idf4015d8ee0bd4c3fb705e2af91e49ace", "header": null, "nested": [], "links": [] }, { "text": "768. If services performed by APHIS employees are determined by the Administrator of the Animal and Plant Health Inspection Service to be in response to an animal disease outbreak, any premium pay that is funded, either directly or through reimbursement, shall be exempted from the aggregate of basic pay and premium pay calculated under section 5547 of title 5, United States Code, and any other provision of law limiting the aggregate amount of premium pay payable on a biweekly or calendar year basis: Provided, That this section shall take effect as if enacted on January 1, 2023.", "id": "id0b5cb0f1cd764601886fa25a01f8628b", "header": null, "nested": [], "links": [] }, { "text": "769. None of the funds appropriated or otherwise made available by this or any other Act may be used by the Food Safety and Inspection Service to take any action that would result in the permanent relocation, demotion, or termination of any Supervisory Public Heath Veterinarian (SPHV), solely as result of the creation of the District Veterinary Medical Officer position, prior to completing a 1010 package and cost-benefit analysis, and briefing the Committees on Appropriations of both Houses of Congress.", "id": "id920229a33e194421af4bec4c705e9e54", "header": null, "nested": [], "links": [] }, { "text": "770. None of the funds appropriated or otherwise made available by this or any other Act may be used to purchase, deploy, or train third parties on the use of M–44 sodium cyanide ejector devices ( M–44s ), including any components or parts, or sodium fluoroacetate ( Compound 1080 ), except for activities directly related to the removal of M–44s that have been placed on Federal, Tribal, State and private land.", "id": "id0d5854c0d1df47a8b6f0bb1b6dd82cb5", "header": null, "nested": [], "links": [] }, { "text": "771. Notwithstanding section 521(a)(1)(B) of the Housing Act of 1949 ( 42 U.S.C. 1490a(a)(1)(B) ), for loans made under section 502 ( 42 U.S.C. 1472 ), the Secretary of Agriculture may provide the borrower with assistance in the form of credits so as to reduce the effective interest rate to a rate not less than 2 per centum per annum for such periods of time as the Secretary may determine for applicants described in section 521(a)(1)(A) ( 42 U.S.C. 1490a(a)(1)(A) ) if without such assistance such applicants could not afford the dwelling or make payments on the indebtedness of the rental or cooperative housing.", "id": "ide5b743e268df42659010818bd2858006", "header": null, "nested": [], "links": [ { "text": "42 U.S.C. 1490a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1490a" }, { "text": "42 U.S.C. 1472", "legal-doc": "usc", "parsable-cite": "usc/42/1472" }, { "text": "42 U.S.C. 1490a(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1490a" } ] }, { "text": "772. Any rule-making, notice or guidance of or regarding USDA Proposed Rule (Child Nutrition Programs: Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans; RIN 0584–AE88) shall allow and provide meal reimbursement for (or low fat or fat free ) flavored milk in National School Lunch Program and School Breakfast Program for grades Kindergarten through 12th grade and in Child and Adult Care Food Program for participants 5 years of age and older, and for any other program complying with the meal pattern requirements covered in such final rule.", "id": "id44f8e04781e8482eb3c93d98a3acfa75", "header": null, "nested": [], "links": [] }, { "text": "773. Weekly sodium limits that may be included in any rule-making, notice or guidance of or regarding USDA Proposed Rule (Child Nutrition Programs: Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans; RIN 0584–AE88) shall exclude sodium used for food safety and functional purposes in cheese-making, as determined by the Secretary, in consultation with FDA. Sodium limits will not take effect until the Secretary determines the amounts which shall be excluded.", "id": "id3d4da666b3ca4ca19889220e5e10e9ec", "header": null, "nested": [], "links": [] }, { "text": "774. Notwithstanding section 521(a)(1)(B) of the Housing Act of 1949 (42 U.S.C 1490a(a)(1)(B)), for loans made under section 502 ( 42 U.S.C. 1472 ), the Secretary of Agriculture may provide the borrower with assistance in the form of credits so as to reduce the effective interest rate to a rate not less than 2 per centum per annum for such periods of time as the Secretary may determine for applicants described in section 521(a)(1)(A) ( 42 U.S.C. 1490a(a)(1)(A) ) if without such assistance such applicants could not afford the dwelling or make payments on the indebtedness of the rental or cooperative housing.", "id": "id75BDF4C04ED649A9B51BBF394CB81EA1", "header": null, "nested": [], "links": [ { "text": "42 U.S.C. 1472", "legal-doc": "usc", "parsable-cite": "usc/42/1472" }, { "text": "42 U.S.C. 1490a(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1490a" } ] }, { "text": "775. Section 542(b)(2) of the Housing Act, ( 42 U.S.C. 1490r ), is amended by striking 5,000 and inserting 10,000.", "id": "id75dda15c9bfd4fb280cbab92ec0f51ed", "header": null, "nested": [], "links": [ { "text": "42 U.S.C. 1490r", "legal-doc": "usc", "parsable-cite": "usc/42/1490r" } ] }, { "text": "776. None of the funds made available by this Act may be used to pay the salaries or expenses of personnel— (1) to inspect horses under section 3 of the Federal Meat Inspection Act ( 21 U.S.C. 603 ); (2) to inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 1901 note; Public Law 104–127 ); or (3) to implement or enforce section 352.19 of title 9, Code of Federal Regulations (or a successor regulation).", "id": "id71dfc01c2ee148668d47ee1eb7b2623a", "header": null, "nested": [], "links": [ { "text": "21 U.S.C. 603", "legal-doc": "usc", "parsable-cite": "usc/21/603" }, { "text": "7 U.S.C. 1901", "legal-doc": "usc", "parsable-cite": "usc/7/1901" }, { "text": "Public Law 104–127", "legal-doc": "public-law", "parsable-cite": "pl/104/127" } ] } ]

[ "Adult day care", "Agricultural conservation and pollution", "Agricultural education", "Agricultural insurance", "Agricultural marketing and promotion", "Agricultural prices, subsidies, credit", "Agricultural research", "Agricultural trade", "Animal and plant health", "Animal protection and human-animal relationships", "Appropriations", "Asia", "Cardiovascular and respiratory health", "Child care and development", "Child health", "China", "Commodities markets", "Commodity Futures Trading Commission", "Congressional oversight", "Department of Agriculture", "Department of Health and Human Services", "Drug safety, medical device, and laboratory regulation", "Economic development", "Educational technology and distance education", "Electric power generation and transmission", "Elementary and secondary education", "Emergency medical services and trauma care", "Environmental assessment, monitoring, research", "Executive agency funding and structure", "Farm Credit Administration", "Floods and storm protection", "Food and Drug Administration (FDA)", "Food assistance and relief", "Food supply, safety, and labeling", "Foreign aid and international relief", "Government buildings, facilities, and property", "Government lending and loan guarantees", "Hazardous wastes and toxic substances", "Historical and cultural resources", "Housing and community development funding", "Indian lands and resources rights", "Infectious and parasitic diseases", "Meat", "Nutrition and diet", "Pest management", "Public utilities and utility rates", "Rural conditions and development", "Solid waste and recycling", "Trade restrictions", "Water use and supply", "Watersheds", "Wildlife conservation and habitat protection", "Worker safety and health" ]

[ { "text": "1. Short title \nThis Act may be cited as the Prohibiting Abortion on Federal Lands Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on Federal Government promotion of abortions \n(a) In general \nThe Federal Government shall not promote, support, or enter into contracts with abortion entities, or otherwise expand access to abortions on Federal lands or in Federal facilities, including military installations, national parks, court houses, and other Federal buildings. (b) Definitions \nIn this section: (1) Abortion \nThe term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally kill the unborn child of a woman known to be pregnant, or prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth or of preserving the life or health of the child after live birth, or remove a dead unborn child. (2) Abortion entity \nThe term abortion entity means an entity, including its affiliates, subsidiaries, successors, and clinics, that performs, induces, refers for, or counsels in favor of abortions, or provides financial support to any other organization that conducts such activities on Federal lands or in Federal facilities.", "id": "id6BAD49F7F7EA487194ABA5B50A4EB836", "header": "Prohibition on Federal Government promotion of abortions", "nested": [ { "text": "(a) In general \nThe Federal Government shall not promote, support, or enter into contracts with abortion entities, or otherwise expand access to abortions on Federal lands or in Federal facilities, including military installations, national parks, court houses, and other Federal buildings.", "id": "idC49FABFA6D834CCE8D93CBBE63E3BEF3", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) Abortion \nThe term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally kill the unborn child of a woman known to be pregnant, or prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth or of preserving the life or health of the child after live birth, or remove a dead unborn child. (2) Abortion entity \nThe term abortion entity means an entity, including its affiliates, subsidiaries, successors, and clinics, that performs, induces, refers for, or counsels in favor of abortions, or provides financial support to any other organization that conducts such activities on Federal lands or in Federal facilities.", "id": "id2F8DB5567DBC4E98A182D02BC80FDD17", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]

[ "Abortion", "Government buildings, facilities, and property" ]

[ { "text": "1. Guidance relating to Medicaid coverage of genetic testing to improve outcomes for beneficiaries with major depressive disorder or other mental health conditions \nNot later than 1 year after the date of enactment of this Act, the Administrator of the Centers for Medicare & Medicaid Services shall issue guidance for State Medicaid programs through a State Medicaid Director letter that specifies best practices to improve outcomes for individuals eligible for medical assistance under State Medicaid programs who have major depressive disorder or other mental health conditions. The guidance shall include coverage policy examples utilizing pharmacogenetic testing to support clinicians seeking medication options to treat patients and reduce trial and error from the Medicare program or from issuers of individual or group health insurance coverage.", "id": "id3f21aede03674fe3882f4cbfef7888f9", "header": "Guidance relating to Medicaid coverage of genetic testing to improve outcomes for beneficiaries with major depressive disorder or other mental health conditions", "nested": [], "links": [] } ]

[ "Drug therapy", "Medicaid", "Mental health", "Prescription drugs", "State and local government operations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Promising Pathway Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Provisional approval of new human drugs \n(a) In general \nSubchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by adding at the end of the following: 524C. Provisional approval of new human drugs \n(a) Priority review and evaluation of applications \n(1) In general \nThe Secretary shall establish a priority review system to evaluate applications submitted under this section for provisional approval within 90 days of receipt of a completed application. (2) Other designations \nIf a drug submitted for review under this section is eligible for a special designation by the Secretary under this Act, including as a drug for a rare disease or condition under section 526, all benefits of such other designation shall be available for use under provisional approval, including any tax credits and waiving of fees under chapter VII. (b) Eligibility \nA drug may be eligible for provisional approval under this section if the Secretary determines that the drug is intended for the treatment, prevention, or medical diagnosis of a serious or life-threatening disease or condition for which there is a reasonable likelihood that premature death will occur without early medical intervention for an individual contracting or being diagnosed with such disease or condition. (c) Standard of review for provisional approval \n(1) Requirements \nAn application for provisional approval under this section may be approved only if the Secretary determines that— (A) there is substantial evidence of safety for the drug, such that there is evidence consisting of adequate and well-controlled investigations, including clinical investigations, by experts qualified by scientific training and experience to evaluate the safety of the drug involved, on the basis of which it could fairly and responsibly be concluded that the drug will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the labeling or proposed labeling; and (B) there is relevant early evidence based on adequate and well-controlled investigations, including early-stage clinical investigations, to establish that— (i) the drug provides a positive therapeutic outcome; and (ii) the outcome of the drug is consistent with or greater than currently marketed on-label therapies, with equal or fewer side effects, if there are currently marketed on-label therapies. (2) Protocols \nThe Secretary shall promulgate rules that establish the appropriate protocols to enable rolling, real-time, mid-trial submission while preserving the integrity of the ongoing trial and without penalizing the sponsor for seeking provisional approval under this section. (3) Real world evidence \nThe Secretary shall allow the use of real world evidence (as defined in section 505F(b)), including real world data used to generate real world evidence, to support an application for provisional approval under this section, and to fulfill the follow-up requirements and support applications for approval under section 505 or section 351 of the Public Health Service Act, as applicable. (4) Use of scientifically substantiated surrogates \n(A) In general \nThe sponsor of an application for provisional approval under this section may use scientifically substantiated surrogates to support such application. (B) Definition \nIn subparagraph (A), the term scientifically substantiated surrogates means surrogate endpoints to predict clinical benefit other than such endpoints previously validated by the Secretary, based on— (i) epidemiologic, therapeutic, pathophysiologic, or other evidence; or (ii) an effect on a clinical endpoint other than survival or irreversible morbidity of interest. (d) Transparency and patient monitoring requirements \n(1) Registries \n(A) In general \nThe sponsor of a drug provisionally approved under this section shall require that all patients who use such drug participate in an observational registry and consent to the sponsor’s collection, and submission to the registry, of data related to the patient’s use of such drug until such drug receives approval under section 505 or section 351 of the Public Health Service Act, or the provisional approval is rescinded. (B) Requirements for registries \nAn observational registry described in subparagraph (A) may be run by a third party, such as a government, for profit, or nonprofit organization, and shall track all patients who use the provisionally approved drug. (C) Accessibility \nAn observational registry described in subparagraph (A) shall be easily accessible for— (i) all patients who are participating in any registry related to a provisionally approved drug that allows for easy, unrestricted (or transparent) access for such patients to their patient data and related information regarding their usage of the provisionally approved drug; and (ii) approved researchers and medical professionals who may access data maintained in the registry, which access shall be for public health research and only in a de-identified, aggregated manner. (2) Funding \nAn observational registry under this subsection shall be maintained, as applicable— (A) by the sponsor of the drug provisionally approved under this section that is the subject of the registry; or (B) by a third party, such as a government, for profit, or nonprofit organization. (3) Sponsor requirements \n(A) In general \nFor any drug application provisionally approved under this section, the Secretary shall notify the sponsor of the exact data such sponsor is required to submit to an observational registry. (B) Annual review of the registry; penalties \nThe Secretary shall conduct an annual review of observational registries established under this subsection. If, at such an annual review, fewer than 90 percent of patients are participating in an observational registry with respect to a drug approved under this section, the Secretary shall issue to the sponsor of such drug a civil monetary penalty of not more than $100,000. If a violation of this section is not corrected within the 30-day period following notification, the sponsor shall, in addition to any penalty under this subparagraph be subject to a civil monetary penalty of not more than $10,000 for each day of the violation after such period until the violation is corrected. If application patient participation in an observational registry is not at or above 90 percent within 6 months of issuance of such penalty, the provisional approval shall be withdrawn. (4) Annual report to Congress \nThe Secretary shall submit an annual report to Congress on all drugs granted provisional approval under this section. Such report shall include— (A) the number of patients treated with each such drug, and the number of patients tracked in an observational registry with respect to each such drug; (B) a discussion of the minimum amount of data required in the registries, including patient treatments and uses, length of use, side effects encountered, relevant biomarkers or scientifically substantiated surrogates, scan results, cause of death and how long the patient lived, and adverse drug effects; (C) a list of all such drugs for which an application for approval under section 505 of this Act or section 351 of the Public Health Service Act, or an application for an extension of provisional approval under this section, has been submitted; and (D) a list of all applications denied provisional approval under this section, together with an explanation for the decisions to deny each such application. (e) Withdrawal of provisional approval \n(1) In general \nThe Secretary shall withdraw provisional approval under this section if there are a significant numbers of patients who experience serious adverse effects, compared to the other currently marketed on-label therapies that are available for the applicable disease or condition. (2) Effect of withdrawal \nIf a provisional approval is withdrawn under this subsection, the sponsor may not make the drug available to any new patients, but may be allowed to continue to make such drug available to patients who started taking the drug prior to the date of withdrawal, for as long a period as dictated by patient need, as determined by the Secretary. (f) Transparency \nAny scientific, medical, academic, or health care journal publishing an article explaining, releasing, conveying, or announcing research findings which were funded by the Department of Health and Human Services shall be prohibited from publishing such research unless— (1) such article conveying research findings is made publicly available on the journal’s internet website without a paywall or charge not later than 3 months after the date on which such article was first provided to subscribers of such journal (or first made available for purchase); and (2) the article’s author or researcher or author’s institution (or, in the case of multiple authors, researchers, or institutions, all such authors, researchers, or institutions) received less than 30 percent of funding for such research from the Department of Health and Human Services throughout the period of time the research was conducted. (g) Informed Consent \nPrior to receiving a drug provisionally approved under this section, the sponsor of the drug shall receive from each patient, or the patient's representative, informed consent, through a signed informed consent form, acknowledging that such patient understands that the drug did not undergo the usual process for approval of a drug by the Food and Drug Administration, and that such patient is willing to accept the risks involved in taking such drug. (h) Postmarket controls and labeling \n(1) FDA annual review of registry data \nThe Secretary shall annually review the data made available through the observational registries under subsection (d) and make a determination regarding whether the side effect profile of any drug provisionally approved under this section does not support the benefit provided, or the data shows the benefit is less than the benefits offered through other, fully approved drugs. (2) Labeling \nThe sponsor of the provisionally approved drug shall ensure that all labeling and promotional materials for the drug bear the statement provisionally approved by the FDA pending a full demonstration of effectiveness under application number ______ (specifying the application number assigned by the Secretary in place of the blank). All promotional, educational and marketing materials for provisionally approved products shall be reviewed and approved by the Secretary before such materials are distributed. (3) Rescission of provisional approval \nIf the Secretary determines that the side effect profile of any drug included in such observational registries does not support the benefit provided by such drug, or that the data shows that the benefit is less than the benefits offered through other, drugs approved under section 505 of this Act or section 351 of the Public Health Service Act, the Secretary shall rescind such provisional approval. (i) Duration of provisional approval; requirement To bring drug to market \n(1) Duration; renewals \nThe provisional approval for a drug under this section is effective for a 2-year period. The sponsor may request renewal for provisional approval status for up to 3 subsequent 2-year periods. Provisional approval status with respect to a drug shall not exceed a total of 8 years from the initial date the sponsor was awarded provisional approval status. (2) Marketing requirement \nIf any drug that receives provisional approval under this section is not brought to market within 180 days of the provisional approval, such provisional approval shall be rescinded. (j) Limitation on liability \nWith respect to any claim under State law alleging that a drug sold or otherwise made available pursuant to a grant of provisional approval under this section is unsafe or ineffective, no liability in a cause of action shall lie against a sponsor or manufacturer, unless the relevant conduct constitutes reckless or willful misconduct, gross negligence, or an intentional tort under any applicable State law. (k) Right To petition an advisory committee for approval \n(1) In general \nThe sponsor of a drug granted provisional approval pursuant to this section may request, at any time after provisional approval is granted under this section, a meeting with the appropriate advisory committee (or advisory committees) to present safety and efficacy data for the purposes of receiving a recommendation from such an advisory committee for approval under section 505 of this Act or section 351 of the Public Health Service Act of the provisionally approved drug. Such a requested meeting shall be granted not later than 90 days after a request is made. Nothing in this paragraph shall be construed to alter the processes and timeframes for recommendation for approval by such an advisory committee of the provisionally approved drug or for approval of the provisionally approved drug under section 505 of this Act or section 351 of the Public Health Service Act. (2) Waiver of adequate and well-controlled study requirements \n(A) In general \nIn considering whether to recommend a drug that was provisionally approved under this section for approval under section 505, the Director of the Center for Drug Evaluation and Research shall consider the option to waive requirements for adequate and well-controlled studies in accordance with the process described in section 314.126(c) of title 21, Code of Federal Regulations (or successor regulations). (B) Biological products \nIn considering whether to recommend a biological product that was provisionally approved under this section for licensure under section 351 of the Public Health Service Act, the Director of the Center for Biologics Evaluation and Research may, and shall consider the option to, waive requirements, as applicable, for adequate and well-controlled studies for such biological product in accordance with the process described in section 314.126(c) of title 21, Code of Federal Regulations (or successor regulations).. (b) Conforming amendment \nSection 505(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(a) ) is amended by inserting , or there is in effect a provisional approval under section 524C with respect to such drug before the period. (c) Reimbursement \n(1) Private health insurers \nSection 2719A of the Public Health Service Act ( 42 U.S.C. 300gg–19a ) is amended by adding at the end the following: (f) Treatment of certain drugs \nA group health plan or health insurance issuer of group or individual health insurance coverage shall not deny coverage of any drug provisionally approved under section 524C of the Federal Food, Drug, and Cosmetic Act on the basis of such drug being experimental. In determining coverage under the applicable plan or coverage, a group health plan or health insurance issuer shall treat a drug provisionally approved under such section in the same manner as such plan or coverage would treat a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or section 351 of this Act. Nothing in this subsection shall be construed to require a group health plan or health insurance issuer to cover any specific drug provisionally approved under such section 524C.. (2) Federal health care programs \nThe requirement under subsection (f) of section 2719A of the Public Health Service Act (as added by paragraph (1)) shall apply with respect to coverage determinations under a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f))) in the same manner such requirement applies under such subsection (f). (3) Conforming amendment \nSection 1927(k)(2)(A)(i) of the Social Security Act ( 42 U.S.C. 1396r–8(k)(2)(A)(i) ) is amended— (A) by striking or which and inserting , which ; and (B) by inserting , or which is provisionally approved under section 524C of such Act before the semicolon.", "id": "idEC1809385CA84748BA032A0BDE8CFF89", "header": "Provisional approval of new human drugs", "nested": [ { "text": "(a) In general \nSubchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by adding at the end of the following: 524C. Provisional approval of new human drugs \n(a) Priority review and evaluation of applications \n(1) In general \nThe Secretary shall establish a priority review system to evaluate applications submitted under this section for provisional approval within 90 days of receipt of a completed application. (2) Other designations \nIf a drug submitted for review under this section is eligible for a special designation by the Secretary under this Act, including as a drug for a rare disease or condition under section 526, all benefits of such other designation shall be available for use under provisional approval, including any tax credits and waiving of fees under chapter VII. (b) Eligibility \nA drug may be eligible for provisional approval under this section if the Secretary determines that the drug is intended for the treatment, prevention, or medical diagnosis of a serious or life-threatening disease or condition for which there is a reasonable likelihood that premature death will occur without early medical intervention for an individual contracting or being diagnosed with such disease or condition. (c) Standard of review for provisional approval \n(1) Requirements \nAn application for provisional approval under this section may be approved only if the Secretary determines that— (A) there is substantial evidence of safety for the drug, such that there is evidence consisting of adequate and well-controlled investigations, including clinical investigations, by experts qualified by scientific training and experience to evaluate the safety of the drug involved, on the basis of which it could fairly and responsibly be concluded that the drug will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the labeling or proposed labeling; and (B) there is relevant early evidence based on adequate and well-controlled investigations, including early-stage clinical investigations, to establish that— (i) the drug provides a positive therapeutic outcome; and (ii) the outcome of the drug is consistent with or greater than currently marketed on-label therapies, with equal or fewer side effects, if there are currently marketed on-label therapies. (2) Protocols \nThe Secretary shall promulgate rules that establish the appropriate protocols to enable rolling, real-time, mid-trial submission while preserving the integrity of the ongoing trial and without penalizing the sponsor for seeking provisional approval under this section. (3) Real world evidence \nThe Secretary shall allow the use of real world evidence (as defined in section 505F(b)), including real world data used to generate real world evidence, to support an application for provisional approval under this section, and to fulfill the follow-up requirements and support applications for approval under section 505 or section 351 of the Public Health Service Act, as applicable. (4) Use of scientifically substantiated surrogates \n(A) In general \nThe sponsor of an application for provisional approval under this section may use scientifically substantiated surrogates to support such application. (B) Definition \nIn subparagraph (A), the term scientifically substantiated surrogates means surrogate endpoints to predict clinical benefit other than such endpoints previously validated by the Secretary, based on— (i) epidemiologic, therapeutic, pathophysiologic, or other evidence; or (ii) an effect on a clinical endpoint other than survival or irreversible morbidity of interest. (d) Transparency and patient monitoring requirements \n(1) Registries \n(A) In general \nThe sponsor of a drug provisionally approved under this section shall require that all patients who use such drug participate in an observational registry and consent to the sponsor’s collection, and submission to the registry, of data related to the patient’s use of such drug until such drug receives approval under section 505 or section 351 of the Public Health Service Act, or the provisional approval is rescinded. (B) Requirements for registries \nAn observational registry described in subparagraph (A) may be run by a third party, such as a government, for profit, or nonprofit organization, and shall track all patients who use the provisionally approved drug. (C) Accessibility \nAn observational registry described in subparagraph (A) shall be easily accessible for— (i) all patients who are participating in any registry related to a provisionally approved drug that allows for easy, unrestricted (or transparent) access for such patients to their patient data and related information regarding their usage of the provisionally approved drug; and (ii) approved researchers and medical professionals who may access data maintained in the registry, which access shall be for public health research and only in a de-identified, aggregated manner. (2) Funding \nAn observational registry under this subsection shall be maintained, as applicable— (A) by the sponsor of the drug provisionally approved under this section that is the subject of the registry; or (B) by a third party, such as a government, for profit, or nonprofit organization. (3) Sponsor requirements \n(A) In general \nFor any drug application provisionally approved under this section, the Secretary shall notify the sponsor of the exact data such sponsor is required to submit to an observational registry. (B) Annual review of the registry; penalties \nThe Secretary shall conduct an annual review of observational registries established under this subsection. If, at such an annual review, fewer than 90 percent of patients are participating in an observational registry with respect to a drug approved under this section, the Secretary shall issue to the sponsor of such drug a civil monetary penalty of not more than $100,000. If a violation of this section is not corrected within the 30-day period following notification, the sponsor shall, in addition to any penalty under this subparagraph be subject to a civil monetary penalty of not more than $10,000 for each day of the violation after such period until the violation is corrected. If application patient participation in an observational registry is not at or above 90 percent within 6 months of issuance of such penalty, the provisional approval shall be withdrawn. (4) Annual report to Congress \nThe Secretary shall submit an annual report to Congress on all drugs granted provisional approval under this section. Such report shall include— (A) the number of patients treated with each such drug, and the number of patients tracked in an observational registry with respect to each such drug; (B) a discussion of the minimum amount of data required in the registries, including patient treatments and uses, length of use, side effects encountered, relevant biomarkers or scientifically substantiated surrogates, scan results, cause of death and how long the patient lived, and adverse drug effects; (C) a list of all such drugs for which an application for approval under section 505 of this Act or section 351 of the Public Health Service Act, or an application for an extension of provisional approval under this section, has been submitted; and (D) a list of all applications denied provisional approval under this section, together with an explanation for the decisions to deny each such application. (e) Withdrawal of provisional approval \n(1) In general \nThe Secretary shall withdraw provisional approval under this section if there are a significant numbers of patients who experience serious adverse effects, compared to the other currently marketed on-label therapies that are available for the applicable disease or condition. (2) Effect of withdrawal \nIf a provisional approval is withdrawn under this subsection, the sponsor may not make the drug available to any new patients, but may be allowed to continue to make such drug available to patients who started taking the drug prior to the date of withdrawal, for as long a period as dictated by patient need, as determined by the Secretary. (f) Transparency \nAny scientific, medical, academic, or health care journal publishing an article explaining, releasing, conveying, or announcing research findings which were funded by the Department of Health and Human Services shall be prohibited from publishing such research unless— (1) such article conveying research findings is made publicly available on the journal’s internet website without a paywall or charge not later than 3 months after the date on which such article was first provided to subscribers of such journal (or first made available for purchase); and (2) the article’s author or researcher or author’s institution (or, in the case of multiple authors, researchers, or institutions, all such authors, researchers, or institutions) received less than 30 percent of funding for such research from the Department of Health and Human Services throughout the period of time the research was conducted. (g) Informed Consent \nPrior to receiving a drug provisionally approved under this section, the sponsor of the drug shall receive from each patient, or the patient's representative, informed consent, through a signed informed consent form, acknowledging that such patient understands that the drug did not undergo the usual process for approval of a drug by the Food and Drug Administration, and that such patient is willing to accept the risks involved in taking such drug. (h) Postmarket controls and labeling \n(1) FDA annual review of registry data \nThe Secretary shall annually review the data made available through the observational registries under subsection (d) and make a determination regarding whether the side effect profile of any drug provisionally approved under this section does not support the benefit provided, or the data shows the benefit is less than the benefits offered through other, fully approved drugs. (2) Labeling \nThe sponsor of the provisionally approved drug shall ensure that all labeling and promotional materials for the drug bear the statement provisionally approved by the FDA pending a full demonstration of effectiveness under application number ______ (specifying the application number assigned by the Secretary in place of the blank). All promotional, educational and marketing materials for provisionally approved products shall be reviewed and approved by the Secretary before such materials are distributed. (3) Rescission of provisional approval \nIf the Secretary determines that the side effect profile of any drug included in such observational registries does not support the benefit provided by such drug, or that the data shows that the benefit is less than the benefits offered through other, drugs approved under section 505 of this Act or section 351 of the Public Health Service Act, the Secretary shall rescind such provisional approval. (i) Duration of provisional approval; requirement To bring drug to market \n(1) Duration; renewals \nThe provisional approval for a drug under this section is effective for a 2-year period. The sponsor may request renewal for provisional approval status for up to 3 subsequent 2-year periods. Provisional approval status with respect to a drug shall not exceed a total of 8 years from the initial date the sponsor was awarded provisional approval status. (2) Marketing requirement \nIf any drug that receives provisional approval under this section is not brought to market within 180 days of the provisional approval, such provisional approval shall be rescinded. (j) Limitation on liability \nWith respect to any claim under State law alleging that a drug sold or otherwise made available pursuant to a grant of provisional approval under this section is unsafe or ineffective, no liability in a cause of action shall lie against a sponsor or manufacturer, unless the relevant conduct constitutes reckless or willful misconduct, gross negligence, or an intentional tort under any applicable State law. (k) Right To petition an advisory committee for approval \n(1) In general \nThe sponsor of a drug granted provisional approval pursuant to this section may request, at any time after provisional approval is granted under this section, a meeting with the appropriate advisory committee (or advisory committees) to present safety and efficacy data for the purposes of receiving a recommendation from such an advisory committee for approval under section 505 of this Act or section 351 of the Public Health Service Act of the provisionally approved drug. Such a requested meeting shall be granted not later than 90 days after a request is made. Nothing in this paragraph shall be construed to alter the processes and timeframes for recommendation for approval by such an advisory committee of the provisionally approved drug or for approval of the provisionally approved drug under section 505 of this Act or section 351 of the Public Health Service Act. (2) Waiver of adequate and well-controlled study requirements \n(A) In general \nIn considering whether to recommend a drug that was provisionally approved under this section for approval under section 505, the Director of the Center for Drug Evaluation and Research shall consider the option to waive requirements for adequate and well-controlled studies in accordance with the process described in section 314.126(c) of title 21, Code of Federal Regulations (or successor regulations). (B) Biological products \nIn considering whether to recommend a biological product that was provisionally approved under this section for licensure under section 351 of the Public Health Service Act, the Director of the Center for Biologics Evaluation and Research may, and shall consider the option to, waive requirements, as applicable, for adequate and well-controlled studies for such biological product in accordance with the process described in section 314.126(c) of title 21, Code of Federal Regulations (or successor regulations)..", "id": "idBC4AD78C899F4013A2F457A6294EA233", "header": "In general", "nested": [], "links": [ { "text": "21 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/351" } ] }, { "text": "(b) Conforming amendment \nSection 505(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(a) ) is amended by inserting , or there is in effect a provisional approval under section 524C with respect to such drug before the period.", "id": "id3589B1E332EC48D9AA6862B2F7723459", "header": "Conforming amendment", "nested": [], "links": [ { "text": "21 U.S.C. 355(a)", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] }, { "text": "(c) Reimbursement \n(1) Private health insurers \nSection 2719A of the Public Health Service Act ( 42 U.S.C. 300gg–19a ) is amended by adding at the end the following: (f) Treatment of certain drugs \nA group health plan or health insurance issuer of group or individual health insurance coverage shall not deny coverage of any drug provisionally approved under section 524C of the Federal Food, Drug, and Cosmetic Act on the basis of such drug being experimental. In determining coverage under the applicable plan or coverage, a group health plan or health insurance issuer shall treat a drug provisionally approved under such section in the same manner as such plan or coverage would treat a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or section 351 of this Act. Nothing in this subsection shall be construed to require a group health plan or health insurance issuer to cover any specific drug provisionally approved under such section 524C.. (2) Federal health care programs \nThe requirement under subsection (f) of section 2719A of the Public Health Service Act (as added by paragraph (1)) shall apply with respect to coverage determinations under a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f))) in the same manner such requirement applies under such subsection (f). (3) Conforming amendment \nSection 1927(k)(2)(A)(i) of the Social Security Act ( 42 U.S.C. 1396r–8(k)(2)(A)(i) ) is amended— (A) by striking or which and inserting , which ; and (B) by inserting , or which is provisionally approved under section 524C of such Act before the semicolon.", "id": "id748FE260B4A7425882E7F4A4EAA3E49C", "header": "Reimbursement", "nested": [], "links": [ { "text": "42 U.S.C. 300gg–19a", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-19a" }, { "text": "42 U.S.C. 1396r–8(k)(2)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" } ] } ], "links": [ { "text": "21 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/351" }, { "text": "21 U.S.C. 355(a)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 300gg–19a", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-19a" }, { "text": "42 U.S.C. 1396r–8(k)(2)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" } ] }, { "text": "524C. Provisional approval of new human drugs \n(a) Priority review and evaluation of applications \n(1) In general \nThe Secretary shall establish a priority review system to evaluate applications submitted under this section for provisional approval within 90 days of receipt of a completed application. (2) Other designations \nIf a drug submitted for review under this section is eligible for a special designation by the Secretary under this Act, including as a drug for a rare disease or condition under section 526, all benefits of such other designation shall be available for use under provisional approval, including any tax credits and waiving of fees under chapter VII. (b) Eligibility \nA drug may be eligible for provisional approval under this section if the Secretary determines that the drug is intended for the treatment, prevention, or medical diagnosis of a serious or life-threatening disease or condition for which there is a reasonable likelihood that premature death will occur without early medical intervention for an individual contracting or being diagnosed with such disease or condition. (c) Standard of review for provisional approval \n(1) Requirements \nAn application for provisional approval under this section may be approved only if the Secretary determines that— (A) there is substantial evidence of safety for the drug, such that there is evidence consisting of adequate and well-controlled investigations, including clinical investigations, by experts qualified by scientific training and experience to evaluate the safety of the drug involved, on the basis of which it could fairly and responsibly be concluded that the drug will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the labeling or proposed labeling; and (B) there is relevant early evidence based on adequate and well-controlled investigations, including early-stage clinical investigations, to establish that— (i) the drug provides a positive therapeutic outcome; and (ii) the outcome of the drug is consistent with or greater than currently marketed on-label therapies, with equal or fewer side effects, if there are currently marketed on-label therapies. (2) Protocols \nThe Secretary shall promulgate rules that establish the appropriate protocols to enable rolling, real-time, mid-trial submission while preserving the integrity of the ongoing trial and without penalizing the sponsor for seeking provisional approval under this section. (3) Real world evidence \nThe Secretary shall allow the use of real world evidence (as defined in section 505F(b)), including real world data used to generate real world evidence, to support an application for provisional approval under this section, and to fulfill the follow-up requirements and support applications for approval under section 505 or section 351 of the Public Health Service Act, as applicable. (4) Use of scientifically substantiated surrogates \n(A) In general \nThe sponsor of an application for provisional approval under this section may use scientifically substantiated surrogates to support such application. (B) Definition \nIn subparagraph (A), the term scientifically substantiated surrogates means surrogate endpoints to predict clinical benefit other than such endpoints previously validated by the Secretary, based on— (i) epidemiologic, therapeutic, pathophysiologic, or other evidence; or (ii) an effect on a clinical endpoint other than survival or irreversible morbidity of interest. (d) Transparency and patient monitoring requirements \n(1) Registries \n(A) In general \nThe sponsor of a drug provisionally approved under this section shall require that all patients who use such drug participate in an observational registry and consent to the sponsor’s collection, and submission to the registry, of data related to the patient’s use of such drug until such drug receives approval under section 505 or section 351 of the Public Health Service Act, or the provisional approval is rescinded. (B) Requirements for registries \nAn observational registry described in subparagraph (A) may be run by a third party, such as a government, for profit, or nonprofit organization, and shall track all patients who use the provisionally approved drug. (C) Accessibility \nAn observational registry described in subparagraph (A) shall be easily accessible for— (i) all patients who are participating in any registry related to a provisionally approved drug that allows for easy, unrestricted (or transparent) access for such patients to their patient data and related information regarding their usage of the provisionally approved drug; and (ii) approved researchers and medical professionals who may access data maintained in the registry, which access shall be for public health research and only in a de-identified, aggregated manner. (2) Funding \nAn observational registry under this subsection shall be maintained, as applicable— (A) by the sponsor of the drug provisionally approved under this section that is the subject of the registry; or (B) by a third party, such as a government, for profit, or nonprofit organization. (3) Sponsor requirements \n(A) In general \nFor any drug application provisionally approved under this section, the Secretary shall notify the sponsor of the exact data such sponsor is required to submit to an observational registry. (B) Annual review of the registry; penalties \nThe Secretary shall conduct an annual review of observational registries established under this subsection. If, at such an annual review, fewer than 90 percent of patients are participating in an observational registry with respect to a drug approved under this section, the Secretary shall issue to the sponsor of such drug a civil monetary penalty of not more than $100,000. If a violation of this section is not corrected within the 30-day period following notification, the sponsor shall, in addition to any penalty under this subparagraph be subject to a civil monetary penalty of not more than $10,000 for each day of the violation after such period until the violation is corrected. If application patient participation in an observational registry is not at or above 90 percent within 6 months of issuance of such penalty, the provisional approval shall be withdrawn. (4) Annual report to Congress \nThe Secretary shall submit an annual report to Congress on all drugs granted provisional approval under this section. Such report shall include— (A) the number of patients treated with each such drug, and the number of patients tracked in an observational registry with respect to each such drug; (B) a discussion of the minimum amount of data required in the registries, including patient treatments and uses, length of use, side effects encountered, relevant biomarkers or scientifically substantiated surrogates, scan results, cause of death and how long the patient lived, and adverse drug effects; (C) a list of all such drugs for which an application for approval under section 505 of this Act or section 351 of the Public Health Service Act, or an application for an extension of provisional approval under this section, has been submitted; and (D) a list of all applications denied provisional approval under this section, together with an explanation for the decisions to deny each such application. (e) Withdrawal of provisional approval \n(1) In general \nThe Secretary shall withdraw provisional approval under this section if there are a significant numbers of patients who experience serious adverse effects, compared to the other currently marketed on-label therapies that are available for the applicable disease or condition. (2) Effect of withdrawal \nIf a provisional approval is withdrawn under this subsection, the sponsor may not make the drug available to any new patients, but may be allowed to continue to make such drug available to patients who started taking the drug prior to the date of withdrawal, for as long a period as dictated by patient need, as determined by the Secretary. (f) Transparency \nAny scientific, medical, academic, or health care journal publishing an article explaining, releasing, conveying, or announcing research findings which were funded by the Department of Health and Human Services shall be prohibited from publishing such research unless— (1) such article conveying research findings is made publicly available on the journal’s internet website without a paywall or charge not later than 3 months after the date on which such article was first provided to subscribers of such journal (or first made available for purchase); and (2) the article’s author or researcher or author’s institution (or, in the case of multiple authors, researchers, or institutions, all such authors, researchers, or institutions) received less than 30 percent of funding for such research from the Department of Health and Human Services throughout the period of time the research was conducted. (g) Informed Consent \nPrior to receiving a drug provisionally approved under this section, the sponsor of the drug shall receive from each patient, or the patient's representative, informed consent, through a signed informed consent form, acknowledging that such patient understands that the drug did not undergo the usual process for approval of a drug by the Food and Drug Administration, and that such patient is willing to accept the risks involved in taking such drug. (h) Postmarket controls and labeling \n(1) FDA annual review of registry data \nThe Secretary shall annually review the data made available through the observational registries under subsection (d) and make a determination regarding whether the side effect profile of any drug provisionally approved under this section does not support the benefit provided, or the data shows the benefit is less than the benefits offered through other, fully approved drugs. (2) Labeling \nThe sponsor of the provisionally approved drug shall ensure that all labeling and promotional materials for the drug bear the statement provisionally approved by the FDA pending a full demonstration of effectiveness under application number ______ (specifying the application number assigned by the Secretary in place of the blank). All promotional, educational and marketing materials for provisionally approved products shall be reviewed and approved by the Secretary before such materials are distributed. (3) Rescission of provisional approval \nIf the Secretary determines that the side effect profile of any drug included in such observational registries does not support the benefit provided by such drug, or that the data shows that the benefit is less than the benefits offered through other, drugs approved under section 505 of this Act or section 351 of the Public Health Service Act, the Secretary shall rescind such provisional approval. (i) Duration of provisional approval; requirement To bring drug to market \n(1) Duration; renewals \nThe provisional approval for a drug under this section is effective for a 2-year period. The sponsor may request renewal for provisional approval status for up to 3 subsequent 2-year periods. Provisional approval status with respect to a drug shall not exceed a total of 8 years from the initial date the sponsor was awarded provisional approval status. (2) Marketing requirement \nIf any drug that receives provisional approval under this section is not brought to market within 180 days of the provisional approval, such provisional approval shall be rescinded. (j) Limitation on liability \nWith respect to any claim under State law alleging that a drug sold or otherwise made available pursuant to a grant of provisional approval under this section is unsafe or ineffective, no liability in a cause of action shall lie against a sponsor or manufacturer, unless the relevant conduct constitutes reckless or willful misconduct, gross negligence, or an intentional tort under any applicable State law. (k) Right To petition an advisory committee for approval \n(1) In general \nThe sponsor of a drug granted provisional approval pursuant to this section may request, at any time after provisional approval is granted under this section, a meeting with the appropriate advisory committee (or advisory committees) to present safety and efficacy data for the purposes of receiving a recommendation from such an advisory committee for approval under section 505 of this Act or section 351 of the Public Health Service Act of the provisionally approved drug. Such a requested meeting shall be granted not later than 90 days after a request is made. Nothing in this paragraph shall be construed to alter the processes and timeframes for recommendation for approval by such an advisory committee of the provisionally approved drug or for approval of the provisionally approved drug under section 505 of this Act or section 351 of the Public Health Service Act. (2) Waiver of adequate and well-controlled study requirements \n(A) In general \nIn considering whether to recommend a drug that was provisionally approved under this section for approval under section 505, the Director of the Center for Drug Evaluation and Research shall consider the option to waive requirements for adequate and well-controlled studies in accordance with the process described in section 314.126(c) of title 21, Code of Federal Regulations (or successor regulations). (B) Biological products \nIn considering whether to recommend a biological product that was provisionally approved under this section for licensure under section 351 of the Public Health Service Act, the Director of the Center for Biologics Evaluation and Research may, and shall consider the option to, waive requirements, as applicable, for adequate and well-controlled studies for such biological product in accordance with the process described in section 314.126(c) of title 21, Code of Federal Regulations (or successor regulations).", "id": "idB88F523899764B0AB89567E9671E693A", "header": "Provisional approval of new human drugs", "nested": [ { "text": "(a) Priority review and evaluation of applications \n(1) In general \nThe Secretary shall establish a priority review system to evaluate applications submitted under this section for provisional approval within 90 days of receipt of a completed application. (2) Other designations \nIf a drug submitted for review under this section is eligible for a special designation by the Secretary under this Act, including as a drug for a rare disease or condition under section 526, all benefits of such other designation shall be available for use under provisional approval, including any tax credits and waiving of fees under chapter VII.", "id": "ide47875a9b8554ccb88792cab2725bc0d", "header": "Priority review and evaluation of applications", "nested": [], "links": [] }, { "text": "(b) Eligibility \nA drug may be eligible for provisional approval under this section if the Secretary determines that the drug is intended for the treatment, prevention, or medical diagnosis of a serious or life-threatening disease or condition for which there is a reasonable likelihood that premature death will occur without early medical intervention for an individual contracting or being diagnosed with such disease or condition.", "id": "idE452746673C74D0C81DE08E2DE9D813D", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(c) Standard of review for provisional approval \n(1) Requirements \nAn application for provisional approval under this section may be approved only if the Secretary determines that— (A) there is substantial evidence of safety for the drug, such that there is evidence consisting of adequate and well-controlled investigations, including clinical investigations, by experts qualified by scientific training and experience to evaluate the safety of the drug involved, on the basis of which it could fairly and responsibly be concluded that the drug will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the labeling or proposed labeling; and (B) there is relevant early evidence based on adequate and well-controlled investigations, including early-stage clinical investigations, to establish that— (i) the drug provides a positive therapeutic outcome; and (ii) the outcome of the drug is consistent with or greater than currently marketed on-label therapies, with equal or fewer side effects, if there are currently marketed on-label therapies. (2) Protocols \nThe Secretary shall promulgate rules that establish the appropriate protocols to enable rolling, real-time, mid-trial submission while preserving the integrity of the ongoing trial and without penalizing the sponsor for seeking provisional approval under this section. (3) Real world evidence \nThe Secretary shall allow the use of real world evidence (as defined in section 505F(b)), including real world data used to generate real world evidence, to support an application for provisional approval under this section, and to fulfill the follow-up requirements and support applications for approval under section 505 or section 351 of the Public Health Service Act, as applicable. (4) Use of scientifically substantiated surrogates \n(A) In general \nThe sponsor of an application for provisional approval under this section may use scientifically substantiated surrogates to support such application. (B) Definition \nIn subparagraph (A), the term scientifically substantiated surrogates means surrogate endpoints to predict clinical benefit other than such endpoints previously validated by the Secretary, based on— (i) epidemiologic, therapeutic, pathophysiologic, or other evidence; or (ii) an effect on a clinical endpoint other than survival or irreversible morbidity of interest.", "id": "idDBD13DE995F941FE8C34C54419C0CABC", "header": "Standard of review for provisional approval", "nested": [], "links": [] }, { "text": "(d) Transparency and patient monitoring requirements \n(1) Registries \n(A) In general \nThe sponsor of a drug provisionally approved under this section shall require that all patients who use such drug participate in an observational registry and consent to the sponsor’s collection, and submission to the registry, of data related to the patient’s use of such drug until such drug receives approval under section 505 or section 351 of the Public Health Service Act, or the provisional approval is rescinded. (B) Requirements for registries \nAn observational registry described in subparagraph (A) may be run by a third party, such as a government, for profit, or nonprofit organization, and shall track all patients who use the provisionally approved drug. (C) Accessibility \nAn observational registry described in subparagraph (A) shall be easily accessible for— (i) all patients who are participating in any registry related to a provisionally approved drug that allows for easy, unrestricted (or transparent) access for such patients to their patient data and related information regarding their usage of the provisionally approved drug; and (ii) approved researchers and medical professionals who may access data maintained in the registry, which access shall be for public health research and only in a de-identified, aggregated manner. (2) Funding \nAn observational registry under this subsection shall be maintained, as applicable— (A) by the sponsor of the drug provisionally approved under this section that is the subject of the registry; or (B) by a third party, such as a government, for profit, or nonprofit organization. (3) Sponsor requirements \n(A) In general \nFor any drug application provisionally approved under this section, the Secretary shall notify the sponsor of the exact data such sponsor is required to submit to an observational registry. (B) Annual review of the registry; penalties \nThe Secretary shall conduct an annual review of observational registries established under this subsection. If, at such an annual review, fewer than 90 percent of patients are participating in an observational registry with respect to a drug approved under this section, the Secretary shall issue to the sponsor of such drug a civil monetary penalty of not more than $100,000. If a violation of this section is not corrected within the 30-day period following notification, the sponsor shall, in addition to any penalty under this subparagraph be subject to a civil monetary penalty of not more than $10,000 for each day of the violation after such period until the violation is corrected. If application patient participation in an observational registry is not at or above 90 percent within 6 months of issuance of such penalty, the provisional approval shall be withdrawn. (4) Annual report to Congress \nThe Secretary shall submit an annual report to Congress on all drugs granted provisional approval under this section. Such report shall include— (A) the number of patients treated with each such drug, and the number of patients tracked in an observational registry with respect to each such drug; (B) a discussion of the minimum amount of data required in the registries, including patient treatments and uses, length of use, side effects encountered, relevant biomarkers or scientifically substantiated surrogates, scan results, cause of death and how long the patient lived, and adverse drug effects; (C) a list of all such drugs for which an application for approval under section 505 of this Act or section 351 of the Public Health Service Act, or an application for an extension of provisional approval under this section, has been submitted; and (D) a list of all applications denied provisional approval under this section, together with an explanation for the decisions to deny each such application.", "id": "idC53758510AAF4E7C9B31046BB7CCE0E2", "header": "Transparency and patient monitoring requirements", "nested": [], "links": [] }, { "text": "(e) Withdrawal of provisional approval \n(1) In general \nThe Secretary shall withdraw provisional approval under this section if there are a significant numbers of patients who experience serious adverse effects, compared to the other currently marketed on-label therapies that are available for the applicable disease or condition. (2) Effect of withdrawal \nIf a provisional approval is withdrawn under this subsection, the sponsor may not make the drug available to any new patients, but may be allowed to continue to make such drug available to patients who started taking the drug prior to the date of withdrawal, for as long a period as dictated by patient need, as determined by the Secretary.", "id": "id099926B8CBCC47F5AC0FD6DD9E19DB1B", "header": "Withdrawal of provisional approval", "nested": [], "links": [] }, { "text": "(f) Transparency \nAny scientific, medical, academic, or health care journal publishing an article explaining, releasing, conveying, or announcing research findings which were funded by the Department of Health and Human Services shall be prohibited from publishing such research unless— (1) such article conveying research findings is made publicly available on the journal’s internet website without a paywall or charge not later than 3 months after the date on which such article was first provided to subscribers of such journal (or first made available for purchase); and (2) the article’s author or researcher or author’s institution (or, in the case of multiple authors, researchers, or institutions, all such authors, researchers, or institutions) received less than 30 percent of funding for such research from the Department of Health and Human Services throughout the period of time the research was conducted.", "id": "idBBDFC0737B9B4890AF502F7E73A15852", "header": "Transparency", "nested": [], "links": [] }, { "text": "(g) Informed Consent \nPrior to receiving a drug provisionally approved under this section, the sponsor of the drug shall receive from each patient, or the patient's representative, informed consent, through a signed informed consent form, acknowledging that such patient understands that the drug did not undergo the usual process for approval of a drug by the Food and Drug Administration, and that such patient is willing to accept the risks involved in taking such drug.", "id": "id88F6C7B1F0494DB18E269B0CE1689295", "header": "Informed Consent", "nested": [], "links": [] }, { "text": "(h) Postmarket controls and labeling \n(1) FDA annual review of registry data \nThe Secretary shall annually review the data made available through the observational registries under subsection (d) and make a determination regarding whether the side effect profile of any drug provisionally approved under this section does not support the benefit provided, or the data shows the benefit is less than the benefits offered through other, fully approved drugs. (2) Labeling \nThe sponsor of the provisionally approved drug shall ensure that all labeling and promotional materials for the drug bear the statement provisionally approved by the FDA pending a full demonstration of effectiveness under application number ______ (specifying the application number assigned by the Secretary in place of the blank). All promotional, educational and marketing materials for provisionally approved products shall be reviewed and approved by the Secretary before such materials are distributed. (3) Rescission of provisional approval \nIf the Secretary determines that the side effect profile of any drug included in such observational registries does not support the benefit provided by such drug, or that the data shows that the benefit is less than the benefits offered through other, drugs approved under section 505 of this Act or section 351 of the Public Health Service Act, the Secretary shall rescind such provisional approval.", "id": "id785fc8137cb4403c9c0bb4e69d8168ae", "header": "Postmarket controls and labeling", "nested": [], "links": [] }, { "text": "(i) Duration of provisional approval; requirement To bring drug to market \n(1) Duration; renewals \nThe provisional approval for a drug under this section is effective for a 2-year period. The sponsor may request renewal for provisional approval status for up to 3 subsequent 2-year periods. Provisional approval status with respect to a drug shall not exceed a total of 8 years from the initial date the sponsor was awarded provisional approval status. (2) Marketing requirement \nIf any drug that receives provisional approval under this section is not brought to market within 180 days of the provisional approval, such provisional approval shall be rescinded.", "id": "idC078EA4A7593457CBE0B20A60B78EBC1", "header": "Duration of provisional approval; requirement To bring drug to market", "nested": [], "links": [] }, { "text": "(j) Limitation on liability \nWith respect to any claim under State law alleging that a drug sold or otherwise made available pursuant to a grant of provisional approval under this section is unsafe or ineffective, no liability in a cause of action shall lie against a sponsor or manufacturer, unless the relevant conduct constitutes reckless or willful misconduct, gross negligence, or an intentional tort under any applicable State law.", "id": "idF3655D8B2D64483096295C5EA681FE15", "header": "Limitation on liability", "nested": [], "links": [] }, { "text": "(k) Right To petition an advisory committee for approval \n(1) In general \nThe sponsor of a drug granted provisional approval pursuant to this section may request, at any time after provisional approval is granted under this section, a meeting with the appropriate advisory committee (or advisory committees) to present safety and efficacy data for the purposes of receiving a recommendation from such an advisory committee for approval under section 505 of this Act or section 351 of the Public Health Service Act of the provisionally approved drug. Such a requested meeting shall be granted not later than 90 days after a request is made. Nothing in this paragraph shall be construed to alter the processes and timeframes for recommendation for approval by such an advisory committee of the provisionally approved drug or for approval of the provisionally approved drug under section 505 of this Act or section 351 of the Public Health Service Act. (2) Waiver of adequate and well-controlled study requirements \n(A) In general \nIn considering whether to recommend a drug that was provisionally approved under this section for approval under section 505, the Director of the Center for Drug Evaluation and Research shall consider the option to waive requirements for adequate and well-controlled studies in accordance with the process described in section 314.126(c) of title 21, Code of Federal Regulations (or successor regulations). (B) Biological products \nIn considering whether to recommend a biological product that was provisionally approved under this section for licensure under section 351 of the Public Health Service Act, the Director of the Center for Biologics Evaluation and Research may, and shall consider the option to, waive requirements, as applicable, for adequate and well-controlled studies for such biological product in accordance with the process described in section 314.126(c) of title 21, Code of Federal Regulations (or successor regulations).", "id": "id393F82F47115424F8E710569802047F8", "header": "Right To petition an advisory committee for approval", "nested": [], "links": [] } ], "links": [] } ]

[ "Administrative law and regulatory procedures", "Civil actions and liability", "Congressional oversight", "Department of Health and Human Services", "Drug safety, medical device, and laboratory regulation", "Health information and medical records", "Prescription drugs" ]

[ { "text": "1. Short title \nThis Act may be cited as the Apprenticeships to College Act.", "id": "HF4163A52ADD4452583DC68237E7463B6", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Apprenticeship college consortium \n(a) In general \nNot later than 1 year after the date of enactment of this Act, in order to cooperate with the Secretary of Education and promote awareness and adoption of apprenticeship programs, the Secretary of Labor shall— (1) enter into an interagency agreement with the Secretary of Education to promote and support integration and alignment of programs under the national apprenticeship system with secondary, postsecondary, and adult education, through the activities described in this section; and (2) submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, such agreement and any modifications to such agreement. (b) Apprenticeship college consortium \nIn order to support the establishment of a college consortium of postsecondary educational institutions, related instruction providers, sponsors, qualified intermediaries, and employers (referred to in this Act as the Registered Apprenticeship College Consortium ) for the purposes of promoting stronger connections between programs under the national apprenticeship system and participating 2- and 4-year postsecondary educational institutions, the interagency agreement under subsection (a) shall include a description of how the Secretaries will— (1) support data sharing systems that align education records and records of programs under the national apprenticeship system regarding whether program participants who receive financial aid under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) enroll in, or complete, postsecondary coursework while participating in a program under such system; (2) provide guidance on how to align eligible funding from, planning processes for, and the requirements of, the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ), the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ), and the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) with this Act; (3) require all participants of the Registered Apprenticeship College Consortium to enter into agreements to— (A) have an articulation agreement with a participating sponsor of an apprenticeship program, which may include a 2- or 4-year postsecondary educational institution; (B) create or expand the awarding and articulation of academic credit for related instruction completed and credentials awarded to program participants as part of a program under the national apprenticeship system; and (C) support the creation or expansion of electronic transcripts for apprenticeship programs and all academic content, including related instruction and on-the-job training; (4) provide technical assistance on eligible uses of financial aid, including the Federal work study program under part C of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087–51 et seq. ), for related instruction for programs under the national apprenticeship system; (5) provide to Registered Apprenticeship College Consortium participants or potential participants information regarding— (A) a list of apprenticeship programs in related occupations offered in the State or available under the Office of Apprenticeship that may become part of the Registered Apprenticeship College Consortium; (B) information on how to develop an apprenticeship program; (C) information on Federal, State, and local financial resources available to assist with the establishment and implementation of apprenticeship programs; and (D) information on related qualified intermediaries or industry or sector partnerships supporting apprenticeship programs, as applicable; and (6) support information regarding the Registered Apprenticeship College Consortium being made available on a publicly accessible website, including— (A) a list of participating members of the Registered Apprenticeship College Consortium, apprenticeship programs provided, credentials awarded with each program, and available apprenticeable occupations; and (B) models of articulation agreements, prior learning assessments, and competency-based curriculum for related instruction for illustrative purposes. (c) Limitations \nNothing in this Act shall require— (1) an institution of higher education to participate in the Registered Apprenticeship College Consortium; or (2) an apprenticeship sponsor to participate in the Registered Apprenticeship College Consortium.", "id": "H3068381F13144E38BB325CEB44F1C0C2", "header": "Apprenticeship college consortium", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of enactment of this Act, in order to cooperate with the Secretary of Education and promote awareness and adoption of apprenticeship programs, the Secretary of Labor shall— (1) enter into an interagency agreement with the Secretary of Education to promote and support integration and alignment of programs under the national apprenticeship system with secondary, postsecondary, and adult education, through the activities described in this section; and (2) submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, such agreement and any modifications to such agreement.", "id": "H201AD7CB2E5444549B86E0B1EDAC8487", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Apprenticeship college consortium \nIn order to support the establishment of a college consortium of postsecondary educational institutions, related instruction providers, sponsors, qualified intermediaries, and employers (referred to in this Act as the Registered Apprenticeship College Consortium ) for the purposes of promoting stronger connections between programs under the national apprenticeship system and participating 2- and 4-year postsecondary educational institutions, the interagency agreement under subsection (a) shall include a description of how the Secretaries will— (1) support data sharing systems that align education records and records of programs under the national apprenticeship system regarding whether program participants who receive financial aid under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) enroll in, or complete, postsecondary coursework while participating in a program under such system; (2) provide guidance on how to align eligible funding from, planning processes for, and the requirements of, the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ), the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ), and the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) with this Act; (3) require all participants of the Registered Apprenticeship College Consortium to enter into agreements to— (A) have an articulation agreement with a participating sponsor of an apprenticeship program, which may include a 2- or 4-year postsecondary educational institution; (B) create or expand the awarding and articulation of academic credit for related instruction completed and credentials awarded to program participants as part of a program under the national apprenticeship system; and (C) support the creation or expansion of electronic transcripts for apprenticeship programs and all academic content, including related instruction and on-the-job training; (4) provide technical assistance on eligible uses of financial aid, including the Federal work study program under part C of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087–51 et seq. ), for related instruction for programs under the national apprenticeship system; (5) provide to Registered Apprenticeship College Consortium participants or potential participants information regarding— (A) a list of apprenticeship programs in related occupations offered in the State or available under the Office of Apprenticeship that may become part of the Registered Apprenticeship College Consortium; (B) information on how to develop an apprenticeship program; (C) information on Federal, State, and local financial resources available to assist with the establishment and implementation of apprenticeship programs; and (D) information on related qualified intermediaries or industry or sector partnerships supporting apprenticeship programs, as applicable; and (6) support information regarding the Registered Apprenticeship College Consortium being made available on a publicly accessible website, including— (A) a list of participating members of the Registered Apprenticeship College Consortium, apprenticeship programs provided, credentials awarded with each program, and available apprenticeable occupations; and (B) models of articulation agreements, prior learning assessments, and competency-based curriculum for related instruction for illustrative purposes.", "id": "H9C9A6AAEB7AF445DB8F112111C7AB579", "header": "Apprenticeship college consortium", "nested": [], "links": [ { "text": "20 U.S.C. 1070 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1070" }, { "text": "20 U.S.C. 2301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/2301" }, { "text": "29 U.S.C. 701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/701" }, { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1087–51 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1087-51" } ] }, { "text": "(c) Limitations \nNothing in this Act shall require— (1) an institution of higher education to participate in the Registered Apprenticeship College Consortium; or (2) an apprenticeship sponsor to participate in the Registered Apprenticeship College Consortium.", "id": "id7E28DF756C334D439C43B278361E65DD", "header": "Limitations", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1070 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1070" }, { "text": "20 U.S.C. 2301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/2301" }, { "text": "29 U.S.C. 701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/701" }, { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1087–51 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1087-51" } ] } ]

[ "Adult education and literacy", "Congressional oversight", "Elementary and secondary education", "Employment and training programs", "Government information and archives", "Higher education", "Student aid and college costs", "Student records", "Temporary and part-time employment", "Vocational and technical education" ]

[ { "text": "1. Hettie Simmons Love Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 5120 Derry Street in Harrisburg, Pennsylvania, shall be known and designated as the Hettie Simmons Love 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 Hettie Simmons Love Post Office Building.", "id": "S1", "header": "Hettie Simmons Love Post Office Building", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 5120 Derry Street in Harrisburg, Pennsylvania, shall be known and designated as the Hettie Simmons Love Post Office Building.", "id": "idE30646E5649146C9A9ABC15B273CA873", "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 Hettie Simmons Love Post Office Building.", "id": "idA410721A7D874B86B903F414C85C5EF1", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Buffalo Tract Protection Act.", "id": "id6aa706c2ce2a4ac2ab7b4668e3af05a8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Withdrawal \n(a) In general \nSubject to valid existing rights, the Federal land described in subsection (b) is withdrawn from all forms of— (1) location, entry, and patent under the mining laws; and (2) disposition under the mineral leasing, mineral materials, and geothermal leasing laws. (b) Description \nThe Federal land referred to in subsections (a) and (c) is the approximately 4,288 acres of land administered by the Director of the Bureau of Land Management and generally depicted as Tract A , Tract B , Tract C , and Tract D on the map entitled Placitas, New Mexico Area Map and dated November 13, 2019. (c) Surface estate \n(1) In general \nSubject to the reservation of the mineral estate under paragraph (2), nothing in this Act prohibits the Secretary of the Interior from conveying the surface estate of the Federal land described in subsection (b) in accordance with— (A) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); or (B) the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ) ( 43 U.S.C. 869 et seq. ). (2) Mineral estate \nAny conveyance of the surface estate of the Federal land described in subsection (b) shall require a reservation of the mineral estate to the United States.", "id": "ida69e6b337710413199add5b9f3c0f43e", "header": "Withdrawal", "nested": [ { "text": "(a) In general \nSubject to valid existing rights, the Federal land described in subsection (b) is withdrawn from all forms of— (1) location, entry, and patent under the mining laws; and (2) disposition under the mineral leasing, mineral materials, and geothermal leasing laws.", "id": "id57d811f852024253a8a62fa0bcb619db", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Description \nThe Federal land referred to in subsections (a) and (c) is the approximately 4,288 acres of land administered by the Director of the Bureau of Land Management and generally depicted as Tract A , Tract B , Tract C , and Tract D on the map entitled Placitas, New Mexico Area Map and dated November 13, 2019.", "id": "id48abfc5b0c8a45609d8640ea20e63e10", "header": "Description", "nested": [], "links": [] }, { "text": "(c) Surface estate \n(1) In general \nSubject to the reservation of the mineral estate under paragraph (2), nothing in this Act prohibits the Secretary of the Interior from conveying the surface estate of the Federal land described in subsection (b) in accordance with— (A) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); or (B) the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ) ( 43 U.S.C. 869 et seq. ). (2) Mineral estate \nAny conveyance of the surface estate of the Federal land described in subsection (b) shall require a reservation of the mineral estate to the United States.", "id": "idb0d2edcc1a3d4cf29bb1201f708d3606", "header": "Surface estate", "nested": [], "links": [ { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" }, { "text": "43 U.S.C. 869 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/869" } ] } ], "links": [ { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" }, { "text": "43 U.S.C. 869 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/869" } ] } ]

[ "Land transfers", "Mining", "New Mexico" ]

[ { "text": "1. Short title \nThis Act may be cited as the Freedom to Vote Act.", "id": "HBA8BB0023FB24D40AF9A703EF6915A86", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Organization of Act into divisions; table of contents \n(a) Divisions \nThis Act is organized into divisions as follows: (1) Division A—Voter Access. (2) Division B—Election Integrity. (3) Division C—Civic Participation and Empowerment. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Findings of general constitutional authority. Sec. 4. Standards for judicial review. Sec. 5. Severability. DIVISION A—Voter Access TITLE I—Election Modernization and Administration Sec. 1000. Short title; statement of policy. Subtitle A—Voter Registration Modernization Sec. 1000A. Short title. Part 1—Automatic Voter Registration Sec. 1001. Short title; findings and purpose. Sec. 1002. Automatic registration of eligible individuals. Sec. 1003. Voter protection and security in automatic registration. Sec. 1004. Payments and grants. Sec. 1005. Miscellaneous provisions. Sec. 1006. Definitions. Sec. 1007. Effective date. Part 2—Election Day as Legal Public Holiday Sec. 1011. Election day as legal public holiday. Part 3—Promoting Internet Registration Sec. 1021. Requiring availability of internet for voter registration. Sec. 1022. Use of internet to update registration information. Sec. 1023. Provision of election information by electronic mail to individuals registered to vote. Sec. 1024. Clarification of requirement regarding necessary information to show eligibility to vote. Sec. 1025. Prohibiting State from requiring applicants to provide more than last 4 digits of social security number. Sec. 1026. Application of rules to certain exempt States. Sec. 1027. Report on data collection relating to online voter registration systems. Sec. 1028. Permitting voter registration application form to serve as application for absentee ballot. Sec. 1029. Effective date. Part 4—Same-Day Voter Registration Sec. 1031. Same-day registration. Sec. 1032. Ensuring pre-election registration deadlines are consistent with timing of legal public holidays. Part 5—Streamline Voter Registration Information, Access, and Privacy Sec. 1041. Authorizing the dissemination of voter registration information displays following naturalization ceremonies. Sec. 1042. Inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage applications. Sec. 1043. Acceptance of voter registration applications from individuals under 18 years of age. Sec. 1044. Requiring States to establish and operate voter privacy programs. Part 6—Funding Support to States for Compliance Sec. 1051. Availability of requirements payments under HAVA to cover costs of compliance with new requirements. Subtitle B—Access to Voting for Individuals With Disabilities Sec. 1101. Requirements for States to promote access to voter registration and voting for individuals with disabilities. Sec. 1102. Establishment and maintenance of State accessible election websites. Sec. 1103. Protections for in-person voting for individuals with disabilities and older individuals. Sec. 1104. Protections for individuals subject to guardianship. Sec. 1105. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities. Sec. 1106. Pilot programs for enabling individuals with disabilities to register to vote privately and independently at residences. Sec. 1107. GAO analysis and report on voting access for individuals with disabilities. Subtitle C—Early Voting Sec. 1201. Early voting. Subtitle D—Voting by Mail Sec. 1301. Voting by mail. Sec. 1302. Balloting materials tracking program. Sec. 1303. Election mail and delivery improvements. Sec. 1304. Carriage of election mail. Sec. 1305. Requiring States to provide secured drop boxes for voted ballots in elections for Federal office. Subtitle E—Absent Uniformed Services Voters and Overseas Voters Sec. 1401. Pre-election reports on availability and transmission of absentee ballots. Sec. 1402. Enforcement. Sec. 1403. Transmission requirements; repeal of waiver provision. Sec. 1404. Use of single absentee ballot application for subsequent elections. Sec. 1405. Extending guarantee of residency for voting purposes to family members of absent military personnel. Sec. 1406. Technical clarifications to conform to Military and Overseas Voter Empowerment Act amendments related to the Federal write-in absentee ballot. Sec. 1407. Treatment of postcard registration requests. Sec. 1408. Presidential designee report on voter disenfranchisement. Sec. 1409. Effective date. Subtitle F—Enhancement of Enforcement Sec. 1501. Enhancement of enforcement of Help America Vote Act of 2002. Subtitle G—Promoting Voter Access Through Election Administration Modernization Improvements Part 1—Promoting Voter Access Sec. 1601. Minimum notification requirements for voters affected by polling place changes. Sec. 1602. Applicability to Commonwealth of the Northern Mariana Islands. Sec. 1603. Elimination of 14-day time period between general election and runoff election for Federal elections in the Virgin Islands and Guam. Sec. 1604. Application of Federal election administration laws to territories of the United States. Sec. 1605. Application of Federal voter protection laws to territories of the United States. Sec. 1606. Ensuring equitable and efficient operation of polling places. Sec. 1607. Prohibiting States from restricting curbside voting. Part 2—Improvements in Operation of Election Assistance Commission Sec. 1611. Reauthorization of Election Assistance Commission. Sec. 1612. Recommendations to improve operations of Election Assistance Commission. Sec. 1613. Repeal of exemption of Election Assistance Commission from certain government contracting requirements. Part 3—Miscellaneous Provisions Sec. 1621. Definition of election for Federal office. Sec. 1622. No effect on other laws. Sec. 1623. Clarification of exemption for States without voter registration. Sec. 1624. Clarification of exemption for States which do not collect telephone information. Subtitle H—Democracy Restoration Sec. 1701. Short title. Sec. 1702. Findings. Sec. 1703. Rights of citizens. Sec. 1704. Enforcement. Sec. 1705. Notification of restoration of voting rights. Sec. 1706. Definitions. Sec. 1707. Relation to other laws. Sec. 1708. Federal prison funds. Sec. 1709. Effective date. Subtitle I—Voter Identification and Allowable Alternatives Sec. 1801. Requirements for voter identification. Subtitle J—Voter List Maintenance Procedures Part 1—Voter Caging Prohibited Sec. 1901. Voter caging prohibited. Part 2—Saving Eligible Voters From Voter Purging Sec. 1911. Conditions for removal of voters from list of registered voters. Subtitle K—Severability Sec. 1921. Severability. DIVISION B—Election Integrity TITLE II—Prohibiting Interference With Voter Registration Sec. 2001. Prohibiting hindering, interfering with, or preventing voter registration. Sec. 2002. Establishment of best practices. TITLE III—Preventing Election Subversion Subtitle A—Restrictions on Removal of Election Administrators Sec. 3001. Restrictions on removal of local election administrators in administration of elections for Federal office. Subtitle B—Increased Protections for Election Workers Sec. 3101. Harassment of election workers prohibited. Sec. 3102. Protection of election workers. Subtitle C—Prohibiting Deceptive Practices and Preventing Voter Intimidation Sec. 3201. Short title. Sec. 3202. Prohibition on deceptive practices in Federal elections. Sec. 3203. Corrective action. Sec. 3204. Reports to Congress. Sec. 3205. Private rights of action by election officials. Sec. 3206. Making intimidation of tabulation, canvass, and certification efforts a crime. Subtitle D—Protection of Election Records and Election Infrastructure Sec. 3301. Strengthen protections for Federal election records. Sec. 3302. Penalties; inspection; nondisclosure; jurisdiction. Sec. 3303. Judicial review to ensure compliance. Subtitle E—Judicial Protection of the Right To Vote and Non-Partisan Vote Tabulation Part 1—Right To Vote Act Sec. 3401. Short title. Sec. 3402. Undue burdens on the ability to vote in elections for Federal office prohibited. Sec. 3403. Judicial review. Sec. 3404. Definitions. Sec. 3405. Rules of construction. Sec. 3406. Severability. Sec. 3407. Effective date. Part 2—Clarifying Jurisdiction Over Election Disputes Sec. 3411. Findings. Sec. 3412. Clarifying authority of United States district courts to hear cases. Sec. 3413. Effective date. Subtitle F—Poll Worker Recruitment and Training Sec. 3501. Grants to States for poll worker recruitment and training. Sec. 3502. State defined. Subtitle G—Preventing Poll Observer Interference Sec. 3601. Protections for voters on Election Day. Subtitle H—Preventing Restrictions on Food and Beverages Sec. 3701. Short title; findings. Sec. 3702. Prohibiting restrictions on donations of food and beverages at polling stations. Subtitle I—Establishing Duty To Report Foreign Election Interference Sec. 3801. Findings relating to illicit money undermining our democracy. Sec. 3802. Federal campaign reporting of foreign contacts. Sec. 3803. Federal campaign foreign contact reporting compliance system. Sec. 3804. Criminal penalties. Sec. 3805. Report to congressional intelligence committees. Sec. 3806. Rule of construction. Subtitle J—Promoting Accuracy, Integrity, and Security Through Voter-Verifiable Permanent Paper Ballot Sec. 3901. Short title. Sec. 3902. Paper ballot and manual counting requirements. Sec. 3903. Accessibility and ballot verification for individuals with disabilities. Sec. 3904. Durability and readability requirements for ballots. Sec. 3905. Study and report on optimal ballot design. Sec. 3906. Ballot marking device cybersecurity requirements. Sec. 3907. Effective date for new requirements. Sec. 3908. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. Subtitle K—Provisional Ballots Sec. 3911. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards. TITLE IV—Voting System Security Sec. 4001. Post-election audit requirement. Sec. 4002. Election infrastructure designation. Sec. 4003. Guidelines and certification for electronic poll books and remote ballot marking systems. Sec. 4004. Pre-election reports on voting system usage. Sec. 4005. Use of voting machines manufactured in the United States. Sec. 4006. Use of political party headquarters building fund for technology or cybersecurity-related purposes. Sec. 4007. Severability. DIVISION C—Civic Participation and Empowerment TITLE V—Nonpartisan Redistricting Reform Sec. 5001. Finding of constitutional authority. Sec. 5002. Ban on mid-decade redistricting. Sec. 5003. Criteria for redistricting. Sec. 5004. Development of plan. Sec. 5005. Failure by State to enact plan. Sec. 5006. Civil enforcement. Sec. 5007. No effect on elections for State and local office. Sec. 5008. Effective date. TITLE VI—Campaign Finance Transparency Subtitle A—DISCLOSE Act Sec. 6001. Short title. Sec. 6002. Findings. Part 1—Closing Loopholes Allowing Spending by Foreign Nationals in Elections Sec. 6003. Clarification of application of foreign money ban to certain disbursements and activities. Sec. 6004. Study and report on illicit foreign money in Federal elections. Sec. 6005. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda. Sec. 6006. Disbursements and activities subject to foreign money ban. Sec. 6007. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals. Part 2—Reporting of Campaign-Related Disbursements Sec. 6011. Reporting of campaign-related disbursements. Sec. 6012. Reporting of Federal judicial nomination disbursements. Sec. 6013. Coordination with FinCEN. Sec. 6014. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers. Sec. 6015. Sense of Congress regarding implementation. Sec. 6016. Effective date. Part 3—Other Administrative Reforms Sec. 6021. Petition for certiorari. Sec. 6022. Judicial review of actions related to campaign finance laws. Sec. 6023. Effective date. Subtitle B—Honest Ads Sec. 6101. Short title. Sec. 6102. Purpose. Sec. 6103. Findings. Sec. 6104. Sense of Congress. Sec. 6105. Expansion of definition of public communication. Sec. 6106. Expansion of definition of electioneering communication. Sec. 6107. Application of disclaimer statements to online communications. Sec. 6108. Political record requirements for online platforms. Sec. 6109. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising. Sec. 6110. Requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared. Subtitle C—Spotlight Act Sec. 6201. Short title. Sec. 6202. Inclusion of contributor information on annual returns of certain organizations. TITLE VII—Campaign Finance Oversight Subtitle A—Stopping Super PAC–Candidate Coordination Sec. 7001. Short title. Sec. 7002. Clarification of treatment of coordinated expenditures as contributions to candidates. Subtitle B—Restoring Integrity to America’s Elections Sec. 7101. Short title. Sec. 7102. Revision to enforcement process. Sec. 7103. Official exercising the responsibilities of the general counsel. Sec. 7104. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests. Sec. 7105. Permanent extension of administrative penalty authority. Sec. 7106. Restrictions on ex parte communications. Sec. 7107. Clarifying authority of FEC attorneys to represent FEC in Supreme Court. Sec. 7108. Requiring forms to permit use of accent marks. Sec. 7109. Extension of the statutes of limitations for offenses under the Federal Election Campaign Act of 1971. Sec. 7110. Effective date; transition. TITLE VIII—Citizen Empowerment Subtitle A—Funding to Promote Democracy Part 1—Payments and Allocations to States Sec. 8001. Democracy Advancement and Innovation Program. Sec. 8002. State plan. Sec. 8003. Prohibiting reduction in access to participation in elections. Sec. 8004. Amount of State allocation. Sec. 8005. Procedures for disbursements of payments and allocations. Sec. 8006. Office of Democracy Advancement and Innovation. Part 2—State Election Assistance and Innovation Trust Fund Sec. 8011. State Election Assistance and Innovation Trust Fund. Sec. 8012. Uses of Fund. Part 3—General Provisions Sec. 8021. Definitions. Sec. 8022. Rule of construction regarding calculation of deadlines. Subtitle B—Elections for House of Representatives Sec. 8101. Short title. Part 1—Optional Democracy Credit Program Sec. 8102. Establishment of program. Sec. 8103. Credit program described. Sec. 8104. Reports. Sec. 8105. Election cycle defined. Part 2—Optional Small Dollar Financing of Elections for House of Representatives Sec. 8111. Benefits and eligibility requirements for candidates. Sec. 8112. Contributions and expenditures by multicandidate and political party committees on behalf of participating candidates. Sec. 8113. Prohibiting use of contributions by participating candidates for purposes other than campaign for election. Sec. 8114. Deadline for regulations; effective date. Subtitle C—Personal Use Services as Authorized Campaign Expenditures Sec. 8201. Short title; findings; purpose. Sec. 8202. Treatment of payments for childcare and other personal use services as authorized campaign expenditure. Subtitle D—Empowering Small Dollar Donations Sec. 8301. Permitting political party committees to provide enhanced support for House candidates through use of separate small dollar accounts. Subtitle E—Severability Sec. 8401. Severability.", "id": "H7EBEFD478C6142DBBC4F5757732C0F56", "header": "Organization of Act into divisions; table of contents", "nested": [ { "text": "(a) Divisions \nThis Act is organized into divisions as follows: (1) Division A—Voter Access. (2) Division B—Election Integrity. (3) Division C—Civic Participation and Empowerment.", "id": "H913FEB6DEAA94E4290A41CEE9EB8E3D8", "header": "Divisions", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Findings of general constitutional authority. Sec. 4. Standards for judicial review. Sec. 5. Severability. DIVISION A—Voter Access TITLE I—Election Modernization and Administration Sec. 1000. Short title; statement of policy. Subtitle A—Voter Registration Modernization Sec. 1000A. Short title. Part 1—Automatic Voter Registration Sec. 1001. Short title; findings and purpose. Sec. 1002. Automatic registration of eligible individuals. Sec. 1003. Voter protection and security in automatic registration. Sec. 1004. Payments and grants. Sec. 1005. Miscellaneous provisions. Sec. 1006. Definitions. Sec. 1007. Effective date. Part 2—Election Day as Legal Public Holiday Sec. 1011. Election day as legal public holiday. Part 3—Promoting Internet Registration Sec. 1021. Requiring availability of internet for voter registration. Sec. 1022. Use of internet to update registration information. Sec. 1023. Provision of election information by electronic mail to individuals registered to vote. Sec. 1024. Clarification of requirement regarding necessary information to show eligibility to vote. Sec. 1025. Prohibiting State from requiring applicants to provide more than last 4 digits of social security number. Sec. 1026. Application of rules to certain exempt States. Sec. 1027. Report on data collection relating to online voter registration systems. Sec. 1028. Permitting voter registration application form to serve as application for absentee ballot. Sec. 1029. Effective date. Part 4—Same-Day Voter Registration Sec. 1031. Same-day registration. Sec. 1032. Ensuring pre-election registration deadlines are consistent with timing of legal public holidays. Part 5—Streamline Voter Registration Information, Access, and Privacy Sec. 1041. Authorizing the dissemination of voter registration information displays following naturalization ceremonies. Sec. 1042. Inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage applications. Sec. 1043. Acceptance of voter registration applications from individuals under 18 years of age. Sec. 1044. Requiring States to establish and operate voter privacy programs. Part 6—Funding Support to States for Compliance Sec. 1051. Availability of requirements payments under HAVA to cover costs of compliance with new requirements. Subtitle B—Access to Voting for Individuals With Disabilities Sec. 1101. Requirements for States to promote access to voter registration and voting for individuals with disabilities. Sec. 1102. Establishment and maintenance of State accessible election websites. Sec. 1103. Protections for in-person voting for individuals with disabilities and older individuals. Sec. 1104. Protections for individuals subject to guardianship. Sec. 1105. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities. Sec. 1106. Pilot programs for enabling individuals with disabilities to register to vote privately and independently at residences. Sec. 1107. GAO analysis and report on voting access for individuals with disabilities. Subtitle C—Early Voting Sec. 1201. Early voting. Subtitle D—Voting by Mail Sec. 1301. Voting by mail. Sec. 1302. Balloting materials tracking program. Sec. 1303. Election mail and delivery improvements. Sec. 1304. Carriage of election mail. Sec. 1305. Requiring States to provide secured drop boxes for voted ballots in elections for Federal office. Subtitle E—Absent Uniformed Services Voters and Overseas Voters Sec. 1401. Pre-election reports on availability and transmission of absentee ballots. Sec. 1402. Enforcement. Sec. 1403. Transmission requirements; repeal of waiver provision. Sec. 1404. Use of single absentee ballot application for subsequent elections. Sec. 1405. Extending guarantee of residency for voting purposes to family members of absent military personnel. Sec. 1406. Technical clarifications to conform to Military and Overseas Voter Empowerment Act amendments related to the Federal write-in absentee ballot. Sec. 1407. Treatment of postcard registration requests. Sec. 1408. Presidential designee report on voter disenfranchisement. Sec. 1409. Effective date. Subtitle F—Enhancement of Enforcement Sec. 1501. Enhancement of enforcement of Help America Vote Act of 2002. Subtitle G—Promoting Voter Access Through Election Administration Modernization Improvements Part 1—Promoting Voter Access Sec. 1601. Minimum notification requirements for voters affected by polling place changes. Sec. 1602. Applicability to Commonwealth of the Northern Mariana Islands. Sec. 1603. Elimination of 14-day time period between general election and runoff election for Federal elections in the Virgin Islands and Guam. Sec. 1604. Application of Federal election administration laws to territories of the United States. Sec. 1605. Application of Federal voter protection laws to territories of the United States. Sec. 1606. Ensuring equitable and efficient operation of polling places. Sec. 1607. Prohibiting States from restricting curbside voting. Part 2—Improvements in Operation of Election Assistance Commission Sec. 1611. Reauthorization of Election Assistance Commission. Sec. 1612. Recommendations to improve operations of Election Assistance Commission. Sec. 1613. Repeal of exemption of Election Assistance Commission from certain government contracting requirements. Part 3—Miscellaneous Provisions Sec. 1621. Definition of election for Federal office. Sec. 1622. No effect on other laws. Sec. 1623. Clarification of exemption for States without voter registration. Sec. 1624. Clarification of exemption for States which do not collect telephone information. Subtitle H—Democracy Restoration Sec. 1701. Short title. Sec. 1702. Findings. Sec. 1703. Rights of citizens. Sec. 1704. Enforcement. Sec. 1705. Notification of restoration of voting rights. Sec. 1706. Definitions. Sec. 1707. Relation to other laws. Sec. 1708. Federal prison funds. Sec. 1709. Effective date. Subtitle I—Voter Identification and Allowable Alternatives Sec. 1801. Requirements for voter identification. Subtitle J—Voter List Maintenance Procedures Part 1—Voter Caging Prohibited Sec. 1901. Voter caging prohibited. Part 2—Saving Eligible Voters From Voter Purging Sec. 1911. Conditions for removal of voters from list of registered voters. Subtitle K—Severability Sec. 1921. Severability. DIVISION B—Election Integrity TITLE II—Prohibiting Interference With Voter Registration Sec. 2001. Prohibiting hindering, interfering with, or preventing voter registration. Sec. 2002. Establishment of best practices. TITLE III—Preventing Election Subversion Subtitle A—Restrictions on Removal of Election Administrators Sec. 3001. Restrictions on removal of local election administrators in administration of elections for Federal office. Subtitle B—Increased Protections for Election Workers Sec. 3101. Harassment of election workers prohibited. Sec. 3102. Protection of election workers. Subtitle C—Prohibiting Deceptive Practices and Preventing Voter Intimidation Sec. 3201. Short title. Sec. 3202. Prohibition on deceptive practices in Federal elections. Sec. 3203. Corrective action. Sec. 3204. Reports to Congress. Sec. 3205. Private rights of action by election officials. Sec. 3206. Making intimidation of tabulation, canvass, and certification efforts a crime. Subtitle D—Protection of Election Records and Election Infrastructure Sec. 3301. Strengthen protections for Federal election records. Sec. 3302. Penalties; inspection; nondisclosure; jurisdiction. Sec. 3303. Judicial review to ensure compliance. Subtitle E—Judicial Protection of the Right To Vote and Non-Partisan Vote Tabulation Part 1—Right To Vote Act Sec. 3401. Short title. Sec. 3402. Undue burdens on the ability to vote in elections for Federal office prohibited. Sec. 3403. Judicial review. Sec. 3404. Definitions. Sec. 3405. Rules of construction. Sec. 3406. Severability. Sec. 3407. Effective date. Part 2—Clarifying Jurisdiction Over Election Disputes Sec. 3411. Findings. Sec. 3412. Clarifying authority of United States district courts to hear cases. Sec. 3413. Effective date. Subtitle F—Poll Worker Recruitment and Training Sec. 3501. Grants to States for poll worker recruitment and training. Sec. 3502. State defined. Subtitle G—Preventing Poll Observer Interference Sec. 3601. Protections for voters on Election Day. Subtitle H—Preventing Restrictions on Food and Beverages Sec. 3701. Short title; findings. Sec. 3702. Prohibiting restrictions on donations of food and beverages at polling stations. Subtitle I—Establishing Duty To Report Foreign Election Interference Sec. 3801. Findings relating to illicit money undermining our democracy. Sec. 3802. Federal campaign reporting of foreign contacts. Sec. 3803. Federal campaign foreign contact reporting compliance system. Sec. 3804. Criminal penalties. Sec. 3805. Report to congressional intelligence committees. Sec. 3806. Rule of construction. Subtitle J—Promoting Accuracy, Integrity, and Security Through Voter-Verifiable Permanent Paper Ballot Sec. 3901. Short title. Sec. 3902. Paper ballot and manual counting requirements. Sec. 3903. Accessibility and ballot verification for individuals with disabilities. Sec. 3904. Durability and readability requirements for ballots. Sec. 3905. Study and report on optimal ballot design. Sec. 3906. Ballot marking device cybersecurity requirements. Sec. 3907. Effective date for new requirements. Sec. 3908. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. Subtitle K—Provisional Ballots Sec. 3911. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards. TITLE IV—Voting System Security Sec. 4001. Post-election audit requirement. Sec. 4002. Election infrastructure designation. Sec. 4003. Guidelines and certification for electronic poll books and remote ballot marking systems. Sec. 4004. Pre-election reports on voting system usage. Sec. 4005. Use of voting machines manufactured in the United States. Sec. 4006. Use of political party headquarters building fund for technology or cybersecurity-related purposes. Sec. 4007. Severability. DIVISION C—Civic Participation and Empowerment TITLE V—Nonpartisan Redistricting Reform Sec. 5001. Finding of constitutional authority. Sec. 5002. Ban on mid-decade redistricting. Sec. 5003. Criteria for redistricting. Sec. 5004. Development of plan. Sec. 5005. Failure by State to enact plan. Sec. 5006. Civil enforcement. Sec. 5007. No effect on elections for State and local office. Sec. 5008. Effective date. TITLE VI—Campaign Finance Transparency Subtitle A—DISCLOSE Act Sec. 6001. Short title. Sec. 6002. Findings. Part 1—Closing Loopholes Allowing Spending by Foreign Nationals in Elections Sec. 6003. Clarification of application of foreign money ban to certain disbursements and activities. Sec. 6004. Study and report on illicit foreign money in Federal elections. Sec. 6005. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda. Sec. 6006. Disbursements and activities subject to foreign money ban. Sec. 6007. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals. Part 2—Reporting of Campaign-Related Disbursements Sec. 6011. Reporting of campaign-related disbursements. Sec. 6012. Reporting of Federal judicial nomination disbursements. Sec. 6013. Coordination with FinCEN. Sec. 6014. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers. Sec. 6015. Sense of Congress regarding implementation. Sec. 6016. Effective date. Part 3—Other Administrative Reforms Sec. 6021. Petition for certiorari. Sec. 6022. Judicial review of actions related to campaign finance laws. Sec. 6023. Effective date. Subtitle B—Honest Ads Sec. 6101. Short title. Sec. 6102. Purpose. Sec. 6103. Findings. Sec. 6104. Sense of Congress. Sec. 6105. Expansion of definition of public communication. Sec. 6106. Expansion of definition of electioneering communication. Sec. 6107. Application of disclaimer statements to online communications. Sec. 6108. Political record requirements for online platforms. Sec. 6109. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising. Sec. 6110. Requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared. Subtitle C—Spotlight Act Sec. 6201. Short title. Sec. 6202. Inclusion of contributor information on annual returns of certain organizations. TITLE VII—Campaign Finance Oversight Subtitle A—Stopping Super PAC–Candidate Coordination Sec. 7001. Short title. Sec. 7002. Clarification of treatment of coordinated expenditures as contributions to candidates. Subtitle B—Restoring Integrity to America’s Elections Sec. 7101. Short title. Sec. 7102. Revision to enforcement process. Sec. 7103. Official exercising the responsibilities of the general counsel. Sec. 7104. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests. Sec. 7105. Permanent extension of administrative penalty authority. Sec. 7106. Restrictions on ex parte communications. Sec. 7107. Clarifying authority of FEC attorneys to represent FEC in Supreme Court. Sec. 7108. Requiring forms to permit use of accent marks. Sec. 7109. Extension of the statutes of limitations for offenses under the Federal Election Campaign Act of 1971. Sec. 7110. Effective date; transition. TITLE VIII—Citizen Empowerment Subtitle A—Funding to Promote Democracy Part 1—Payments and Allocations to States Sec. 8001. Democracy Advancement and Innovation Program. Sec. 8002. State plan. Sec. 8003. Prohibiting reduction in access to participation in elections. Sec. 8004. Amount of State allocation. Sec. 8005. Procedures for disbursements of payments and allocations. Sec. 8006. Office of Democracy Advancement and Innovation. Part 2—State Election Assistance and Innovation Trust Fund Sec. 8011. State Election Assistance and Innovation Trust Fund. Sec. 8012. Uses of Fund. Part 3—General Provisions Sec. 8021. Definitions. Sec. 8022. Rule of construction regarding calculation of deadlines. Subtitle B—Elections for House of Representatives Sec. 8101. Short title. Part 1—Optional Democracy Credit Program Sec. 8102. Establishment of program. Sec. 8103. Credit program described. Sec. 8104. Reports. Sec. 8105. Election cycle defined. Part 2—Optional Small Dollar Financing of Elections for House of Representatives Sec. 8111. Benefits and eligibility requirements for candidates. Sec. 8112. Contributions and expenditures by multicandidate and political party committees on behalf of participating candidates. Sec. 8113. Prohibiting use of contributions by participating candidates for purposes other than campaign for election. Sec. 8114. Deadline for regulations; effective date. Subtitle C—Personal Use Services as Authorized Campaign Expenditures Sec. 8201. Short title; findings; purpose. Sec. 8202. Treatment of payments for childcare and other personal use services as authorized campaign expenditure. Subtitle D—Empowering Small Dollar Donations Sec. 8301. Permitting political party committees to provide enhanced support for House candidates through use of separate small dollar accounts. Subtitle E—Severability Sec. 8401. Severability.", "id": "H41687E40FDDB4CE892CBF89A170A8709", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Findings of general constitutional authority \nCongress finds that the Constitution of the United States grants explicit and broad authority to protect the right to vote, to regulate elections for Federal office, to prevent and remedy discrimination in voting, and to defend the Nation’s democratic process. Congress enacts the Freedom to Vote Act pursuant to this broad authority, including but not limited to the following: (1) Congress finds that it has broad authority to regulate the time, place, and manner of congressional elections under the Elections Clause of the Constitution, article I, section 4, clause 1. The Supreme Court has affirmed that the substantive scope of the Elections Clause is broad ; that Times, Places, and Manner are comprehensive words which embrace authority to provide for a complete code for congressional elections ; and [t]he power of Congress over the Times, Places and Manner of congressional elections is paramount, and may be exercised at any time, and to any extent which it deems expedient; and so far as it is exercised, and no farther, the regulations effected supersede those of the State which are inconsistent therewith. Arizona v. Inter Tribal Council of Arizona, 570 U.S. 1, 8–9 (2013) (internal quotation marks and citations omitted). Indeed, Congress has plenary and paramount jurisdiction over the whole subject of congressional elections, Ex parte Siebold, 100 U.S. (10 Otto) 371, 388 (1879), and this power may be exercised as and when Congress sees fit , and so far as it extends and conflicts with the regulations of the State, necessarily supersedes them. Id. at 384. Among other things, Congress finds that the Elections Clause was intended to vindicate the people’s right to equality of representation in the House. Wesberry v. Sanders, 376 U.S. 1, 16 (1964), and to address partisan gerrymandering, Rucho v. Common Cause, 139 S. Ct. 2484 (2019). (2) Congress also finds that it has both the authority and responsibility, as the legislative body for the United States, to fulfill the promise of article IV, section 4, of the Constitution, which states: The United States shall guarantee to every State in this Union a Republican Form of Government[.]. Congress finds that its authority and responsibility to enforce the Guarantee Clause is clear given that Federal courts have not enforced this clause because they understood that its enforcement is committed to Congress by the Constitution. (3) (A) Congress also finds that it has broad authority pursuant to section 5 of the Fourteenth Amendment to legislate to enforce the provisions of the Fourteenth Amendment, including its protections of the right to vote and the democratic process. (B) Section 1 of the Fourteenth Amendment protects the fundamental right to vote, which is of the most fundamental significance under our constitutional structure. Ill. Bd. of Election v. Socialist Workers Party, 440 U.S. 173, 184 (1979); see United States v. Classic, 313 U.S. 299 (1941) ( Obviously included within the right to choose, secured by the Constitution, is the right of qualified voters within a State to cast their ballots and have them counted... ). As the Supreme Court has repeatedly affirmed, the right to vote is preservative of all rights , Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886). Section 2 of the Fourteenth Amendment also protects the right to vote, granting Congress additional authority to reduce a State’s representation in Congress when the right to vote is abridged or denied. (C) As a result, Congress finds that it has the authority pursuant to section 5 of the Fourteenth Amendment to protect the right to vote. Congress also finds that States and localities have eroded access to the right to vote through restrictions on the right to vote including excessively onerous voter identification requirements, burdensome voter registration procedures, voter purges, limited and unequal access to voting by mail, polling place closures, unequal distribution of election resources, and other impediments. (D) Congress also finds that the right of suffrage can be denied by a debasement or dilution of the weight of a citizen’s vote just as effectively as by wholly prohibiting the free exercise of the franchise. Reynolds v. Sims, 377 U.S. 533, 555 (1964). Congress finds that the right of suffrage has been so diluted and debased by means of gerrymandering of districts. Congress finds that it has authority pursuant to section 5 of the Fourteenth Amendment to remedy this debasement. (4) (A) Congress also finds that it has authority to legislate to eliminate racial discrimination in voting and the democratic process pursuant to both section 5 of the Fourteenth Amendment, which grants equal protection of the laws, and section 2 of the Fifteenth Amendment, which explicitly bars denial or abridgment of the right to vote on account of race, color, or previous condition of servitude. (B) Congress finds that racial discrimination in access to voting and the political process persists. Voting restrictions, redistricting, and other electoral practices and processes continue to disproportionately impact communities of color in the United States and do so as a result of both intentional racial discrimination, structural racism, and the ongoing structural socioeconomic effects of historical racial discrimination. (C) Recent elections and studies have shown that minority communities wait longer in lines to vote, are more likely to have their mail ballots rejected, continue to face intimidation at the polls, are more likely to be disenfranchised by voter purges, and are disproportionately burdened by excessively onerous voter identification and other voter restrictions. Research shows that communities of color are more likely to face nearly every barrier to voting than their white counterparts. (D) Congress finds that racial disparities in disenfranchisement due to past felony convictions is particularly stark. In 2022, according to the Sentencing Project, an estimated 4,600,000 Americans could not vote due to a felony conviction. One in 19 African Americans of voting age is disenfranchised, a rate 3.5 times greater than that of non-African Americans. In eight States—Alabama, Arizona, Florida, Kentucky, Mississippi, South Dakota, Tennessee, and Virginia—more than one in ten African Americans is disenfranchised, nearly twice the national average for African Americans. Congress finds that felony disenfranchisement was one of the tools of intentional racial discrimination during the Jim Crow era. Congress further finds that current racial disparities in felony disenfranchisement are linked to this history of voter suppression, structural racism in the criminal justice system, and ongoing effects of historical discrimination. (5) (A) Congress finds that it further has the power to protect the right to vote from denial or abridgment on account of sex, age, or ability to pay a poll tax or other tax pursuant to the Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments. (B) Congress finds that electoral practices including voting rights restoration conditions for people with convictions and other restrictions to the franchise burden voters on account of their ability to pay. (C) Congress further finds that electoral practices including voting restrictions related to college campuses, age restrictions on mail voting, and similar practices burden the right to vote on account of age.", "id": "H461EC98505874931947FD75AE75ED66D", "header": "Findings of general constitutional authority", "nested": [], "links": [] }, { "text": "4. Standards for judicial review \n(a) In general \nFor any action brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act or any amendment made by this Act or any rule or regulation promulgated under this Act, 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. These courts, and the Supreme Court of the United States on a writ of certiorari (if such writ is issued), shall have exclusive jurisdiction to hear such actions. (2) The party filing the action shall concurrently deliver a copy 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 any amendment made by this Act or any rule or regulation promulgated under this Act, 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), 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": "HE53F77DE9204451982A5ECF8BBF99705", "header": "Standards for judicial review", "nested": [ { "text": "(a) In general \nFor any action brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act or any amendment made by this Act or any rule or regulation promulgated under this Act, 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. These courts, and the Supreme Court of the United States on a writ of certiorari (if such writ is issued), shall have exclusive jurisdiction to hear such actions. (2) The party filing the action shall concurrently deliver a copy 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": "H46D9A8A0813649139E7F0ED330430B47", "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 any amendment made by this Act or any rule or regulation promulgated under this Act, 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": "H6644DC91644B49E18EBA7AD0B53D9ED3", "header": "Clarifying scope of jurisdiction", "nested": [], "links": [] }, { "text": "(c) Intervention by Members of Congress \nIn any action described in subsection (a), 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": "H4DBA24D92EAD47F5A27A8132E57D04EE", "header": "Intervention by Members of Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Severability \nIf any provision of this Act or any amendment made by this Act, or the application of any such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of such provision or amendment to any other person or circumstance, shall not be affected by the holding.", "id": "HFFC78E77C4AC48878923FFF134F3683A", "header": "Severability", "nested": [], "links": [] }, { "text": "1000. Short title; statement of policy \n(a) Short title \nThis title may be cited as the Voter Empowerment Act of 2023. (b) Statement of policy \nIt is the policy of the United States that— (1) the ability of all eligible citizens of the United States to access and exercise their constitutional right to vote in a free, fair, and timely manner must be vigilantly enhanced, protected, and maintained; and (2) the integrity, security, and accountability of the voting process must be vigilantly protected, maintained, and enhanced in order to protect and preserve electoral and participatory democracy in the United States.", "id": "H3A26FB84CE874B23BD32DA46B8716877", "header": "Short title; statement of policy", "nested": [ { "text": "(a) Short title \nThis title may be cited as the Voter Empowerment Act of 2023.", "id": "H1C7A40CE5D6E43B89F72DCF43247708A", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Statement of policy \nIt is the policy of the United States that— (1) the ability of all eligible citizens of the United States to access and exercise their constitutional right to vote in a free, fair, and timely manner must be vigilantly enhanced, protected, and maintained; and (2) the integrity, security, and accountability of the voting process must be vigilantly protected, maintained, and enhanced in order to protect and preserve electoral and participatory democracy in the United States.", "id": "H8BD0AA7E207E480DA4905781D29A373D", "header": "Statement of policy", "nested": [], "links": [] } ], "links": [] }, { "text": "1000A. Short title \nThis subtitle may be cited as the Voter Registration Modernization Act of 2023.", "id": "HCFBC0689C8F84B7589DFAD04D5854996", "header": "Short title", "nested": [], "links": [] }, { "text": "1001. Short title; findings and purpose \n(a) Short title \nThis part may be cited as the Automatic Voter Registration Act of 2023. (b) Findings and purpose \n(1) Findings \nCongress finds that— (A) the right to vote is a fundamental right of citizens of the United States; (B) it is the responsibility of the State and Federal governments to ensure that every eligible citizen is registered to vote; (C) existing voter registration systems can be inaccurate, costly, inaccessible and confusing, with damaging effects on voter participation in elections for Federal office and disproportionate impacts on young people, persons with disabilities, and racial and ethnic minorities; and (D) voter registration systems must be updated with 21st century technologies and procedures to maintain their security. (2) Purpose \nIt is the purpose of this part— (A) to establish that it is the responsibility of government to ensure that all eligible citizens are registered to vote in elections for Federal office; (B) to enable the State governments to register all eligible citizens to vote with accurate, cost-efficient, and up-to-date procedures; (C) to modernize voter registration and list maintenance procedures with electronic and internet capabilities; and (D) to protect and enhance the integrity, accuracy, efficiency, and accessibility of the electoral process for all eligible citizens.", "id": "H0A89202FE6AE4F8F9CE0825969AEA163", "header": "Short title; findings and purpose", "nested": [ { "text": "(a) Short title \nThis part may be cited as the Automatic Voter Registration Act of 2023.", "id": "H5F87790455D541A1B6C347BB083D2BE6", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Findings and purpose \n(1) Findings \nCongress finds that— (A) the right to vote is a fundamental right of citizens of the United States; (B) it is the responsibility of the State and Federal governments to ensure that every eligible citizen is registered to vote; (C) existing voter registration systems can be inaccurate, costly, inaccessible and confusing, with damaging effects on voter participation in elections for Federal office and disproportionate impacts on young people, persons with disabilities, and racial and ethnic minorities; and (D) voter registration systems must be updated with 21st century technologies and procedures to maintain their security. (2) Purpose \nIt is the purpose of this part— (A) to establish that it is the responsibility of government to ensure that all eligible citizens are registered to vote in elections for Federal office; (B) to enable the State governments to register all eligible citizens to vote with accurate, cost-efficient, and up-to-date procedures; (C) to modernize voter registration and list maintenance procedures with electronic and internet capabilities; and (D) to protect and enhance the integrity, accuracy, efficiency, and accessibility of the electoral process for all eligible citizens.", "id": "H85C44D33B86D4F6FA0626AA4E7439565", "header": "Findings and purpose", "nested": [], "links": [] } ], "links": [] }, { "text": "1002. Automatic registration of eligible individuals \n(a) In general \nThe National Voter Registration Act of 1993 ( 52 U.S.C. 20504 ) is amended by inserting after section 5 the following new section: 5A. Automatic registration by State motor vehicle authority \n(a) Definitions \nIn this section— (1) Applicable agency \nThe term applicable agency means, with respect to a State, the State motor vehicle authority responsible for motor vehicle driver's licenses under State law. (2) Applicable transaction \nThe term applicable transaction means— (A) an application to an applicable agency for a motor vehicle driver's license; and (B) any other service or assistance (including for a change of address) provided by an applicable agency. (3) Automatic registration \nThe term automatic registration means a system that registers an individual to vote and updates existing registrations, in elections for Federal office in a State, if eligible, by electronically transferring the information necessary for registration from the applicable agency to election officials of the State so that, unless the individual affirmatively declines to be registered or to update any voter registration, the individual will be registered to vote in such elections. (4) Eligible individual \nThe term eligible individual means, with respect to an election for Federal office, an individual who is otherwise qualified to vote in that election. (5) Register to vote \nThe term register to vote includes updating an individual's existing voter registration. (b) Establishment \n(1) In general \nThe chief State election official of each State shall establish and operate a system of automatic registration for the registration of eligible individuals to vote for elections for Federal office in the State, in accordance with the provisions of this section. (2) Registration of voters based on new agency records \n(A) In general \nThe chief State election official shall— (i) subject to subparagraph (B), ensure that each eligible individual who completes an applicable transaction and does not decline to register to vote is registered to vote— (I) in the next upcoming election for Federal office (and subsequent elections for Federal office), if an applicable agency transmits information under subsection (c)(1)(E) with respect to the individual not later than the applicable date; and (II) in subsequent elections for Federal office, if an applicable agency transmits such information with respect to such individual after the applicable date; and (ii) not later than 60 days after the receipt of such information with respect to an individual, send written notice to the individual, in addition to other means of notice established by this section, of the individual’s voter registration status. (B) Applicable date \nFor purposes of this subsection, the term applicable date means, with respect to any election for Federal office, the later of— (i) the date that is 28 days before the date of the election; or (ii) the last day of the period provided by State law for registration with respect to such election. (C) Clarification \nNothing in this subsection shall prevent the chief State election official from registering an eligible individual to vote for the next upcoming election for Federal office in the State even if an applicable agency transmits information under subsection (c)(1)(E) with respect to the individual after the applicable date. (3) Treatment of individuals under 18 years of age \nA State may not refuse to treat an individual as an eligible individual for purposes of this section on the grounds that the individual is less than 18 years of age at the time an applicable agency receives information with respect to the individual, so long as the individual is at least 16 years of age at such time. Nothing in the previous sentence may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election. (c) Applicable agency responsibilities \n(1) Instructions on automatic registration for agencies collecting citizenship information \n(A) In general \nExcept as otherwise provided in this section, in the case of any applicable transaction for which an applicable agency (in the normal course of its operations) requests individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance or enrollment), the applicable agency shall inform each such individual who is a citizen of the United States of the following: (i) Unless that individual declines to register to vote, or is found ineligible to vote, the individual will be registered to vote or, if applicable, the individual’s registration will be updated. (ii) The substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9, the consequences of false registration, and how the individual should decline to register if the individual does not meet all those qualifications. (iii) In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, the requirement that the individual must affiliate or enroll with a political party in order to participate in such an election. (iv) Voter registration is voluntary, and neither registering nor declining to register to vote will in any way affect the availability of services or benefits, nor be used for other purposes. (B) Individuals with limited English proficiency \nIn the case in which the individual is a member of a group that constitutes 3 percent or more of the overall population within the State served by the applicable agency as measured by the United States Census and are limited English proficient, the information described in clauses (i) through (iv) of subparagraph (A) shall be provided in a language understood by the individual. (C) Clarification on procedures for ineligible voters \nAn applicable agency shall not provide an individual who did not affirm United States citizenship, or for whom the agency has conclusive documentary evidence obtained through its normal course of operations that the individual is not a United States citizen, the opportunity to register to vote under subparagraph (A). (D) Opportunity to decline registration required \nExcept as otherwise provided in this section, each applicable agency shall ensure that each applicable transaction described in subparagraph (A) with an eligible individual cannot be completed until the individual is given the opportunity to decline to be registered to vote. In the case where the individual is a member of a group that constitutes 3 percent or more of the overall population within the State served by the applicable agency as measured by the United States Census and are limited English proficient, such opportunity shall be given in a language understood by the individual. (E) Information transmittal \nNot later than 10 days after an applicable transaction with an eligible individual, if the individual did not decline to be registered to vote, the applicable agency shall electronically transmit to the appropriate State election official the following information with respect to the individual: (i) The individual’s given name(s) and surname(s). (ii) The individual’s date of birth. (iii) The individual’s residential address. (iv) Information showing that the individual is a citizen of the United States. (v) The date on which information pertaining to that individual was collected or last updated. (vi) If available, the individual’s signature in electronic form. (vii) In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, information regarding the individual’s affiliation or enrollment with a political party, but only if the individual provides such information. (viii) Any additional information listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9, including any valid driver’s license number or the last 4 digits of the individual’s social security number, if the individual provided such information. (F) Provision of information regarding participation in primary elections \nIn the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, if the information transmitted under subparagraph (E) with respect to an individual does not include information regarding the individual’s affiliation or enrollment with a political party, the chief State election official shall— (i) notify the individual that such affiliation or enrollment is required to participate in primary elections; and (ii) provide an opportunity for the individual to update their registration with a party affiliation or enrollment. (G) Clarification \nNothing in this section shall be read to require an applicable agency to transmit to an election official the information described in subparagraph (E) for an individual who is ineligible to vote in elections for Federal office in the State, except to the extent required to pre-register citizens between 16 and 18 years of age. (2) Alternate procedure for certain other applicable agencies \nWith each applicable transaction for which an applicable agency in the normal course of its operations does not request individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance), the applicable agency shall— (A) complete the requirements of section 5; (B) ensure that each applicant’s transaction with the applicable agency cannot be completed until the applicant has indicated whether the applicant wishes to register to vote or declines to register to vote in elections for Federal office held in the State; and (C) for each individual who wishes to register to vote, transmit that individual’s information in accordance with subsection (c)(1)(E), unless the applicable agency has conclusive documentary evidence obtained through its normal course of operations that the individual is not a United States citizen. (3) Required availability of automatic registration opportunity with each application for service or assistance \nEach applicable agency shall offer each eligible individual, with each applicable transaction, the opportunity to register to vote as prescribed by this section without regard to whether the individual previously declined a registration opportunity. (d) Voter protection \n(1) Applicable agencies’ protection of information \nNothing in this section authorizes an applicable agency to collect, retain, transmit, or publicly disclose any of the following, except as necessary to comply with title III of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 et seq. ): (A) An individual’s decision to decline to register to vote or not to register to vote. (B) An individual’s decision not to affirm his or her citizenship. (C) Any information that an applicable agency transmits pursuant to subsection (c)(1)(E), except in pursuing the agency’s ordinary course of business. (2) Election officials’ protection of information \n(A) Public disclosure prohibited \n(i) In general \nSubject to clause (ii), with respect to any individual for whom any State election official receives information from an applicable agency, the State election official shall not publicly disclose any of the following: (I) Any information not necessary to voter registration. (II) Any voter information otherwise shielded from disclosure under State law or section 8(a). (III) Any portion of the individual’s social security number. (IV) Any portion of the individual’s motor vehicle driver’s license number. (V) The individual’s signature. (VI) The individual’s telephone number. (VII) The individual’s email address. (ii) Special rule for individuals registered to vote \nThe prohibition on public disclosure under clause (i) shall not apply with respect to the telephone number or email address of any individual for whom any State election official receives information from the applicable agency and who, on the basis of such information, is registered to vote in the State under this section. (e) Miscellaneous provisions \n(1) Accessibility of registration services \nEach applicable agency shall ensure that the services it provides under this section are made available to individuals with disabilities to the same extent as services are made available to all other individuals. (2) Transmission through secure third party permitted \nNothing in this section or in the Automatic Voter Registration Act of 2023 shall be construed to prevent an applicable agency from contracting with a third party to assist the agency in meeting the information transmittal requirements of this section, so long as the data transmittal complies with the applicable requirements of this section and such Act, including provisions relating privacy and security. (3) Nonpartisan, nondiscriminatory provision of services \nThe services made available by applicable agencies under this section shall be made in a manner consistent with paragraphs (4), (5), and (6)(C) of section 7(a). (4) Notices \nEach State may send notices under this section via electronic mail if the individual has provided an electronic mail address and consented to electronic mail communications for election-related materials. All notices sent pursuant to this section that require a response must offer the individual notified the opportunity to respond at no cost to the individual. (5) Registration at other State offices permitted \nNothing in this section may be construed to prohibit a State from offering voter registration services described in this section at offices of the State other than the State motor vehicle authority. (f) Applicability \n(1) In general \nThis section shall not apply to an exempt State. (2) Exempt State defined \nThe term exempt State means a State that, under law that is in effect continuously on and after the date of enactment of this section, either— (A) has no voter registration requirement for any voter in the State with respect to a Federal election; or (B) operates a system of automatic registration at the motor vehicle authority of the State or a Permanent Dividend Fund of the State under which an individual is provided the opportunity to decline registration during the transaction or by way of a notice sent by mail or electronically after the transaction.. (b) Conforming amendments \n(1) Section 4(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20503(a) ) is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: (2) by application made simultaneously with an application for a motor vehicle driver's license pursuant to section 5A;. (2) Section 4(b) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20503(b) ) is amended— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (B) by striking States.—This Act and inserting States.— (1) In general \nExcept as provided in paragraph (2), this Act ; and (C) by adding at the end the following new paragraph: (2) Application of automatic registration requirements \nSection 5A shall apply to a State described in paragraph (1), unless the State is an exempt State as defined in subsection (f)(2) of such section.. (3) Section 8(a)(1) of such Act ( 52 U.S.C. 20507(a)(1) ) is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraph: (B) in the case of registration under section 5A, within the period provided in section 5A(b)(2);.", "id": "H804CDE3EA7804FA29E15AA1689940B11", "header": "Automatic registration of eligible individuals", "nested": [ { "text": "(a) In general \nThe National Voter Registration Act of 1993 ( 52 U.S.C. 20504 ) is amended by inserting after section 5 the following new section: 5A. Automatic registration by State motor vehicle authority \n(a) Definitions \nIn this section— (1) Applicable agency \nThe term applicable agency means, with respect to a State, the State motor vehicle authority responsible for motor vehicle driver's licenses under State law. (2) Applicable transaction \nThe term applicable transaction means— (A) an application to an applicable agency for a motor vehicle driver's license; and (B) any other service or assistance (including for a change of address) provided by an applicable agency. (3) Automatic registration \nThe term automatic registration means a system that registers an individual to vote and updates existing registrations, in elections for Federal office in a State, if eligible, by electronically transferring the information necessary for registration from the applicable agency to election officials of the State so that, unless the individual affirmatively declines to be registered or to update any voter registration, the individual will be registered to vote in such elections. (4) Eligible individual \nThe term eligible individual means, with respect to an election for Federal office, an individual who is otherwise qualified to vote in that election. (5) Register to vote \nThe term register to vote includes updating an individual's existing voter registration. (b) Establishment \n(1) In general \nThe chief State election official of each State shall establish and operate a system of automatic registration for the registration of eligible individuals to vote for elections for Federal office in the State, in accordance with the provisions of this section. (2) Registration of voters based on new agency records \n(A) In general \nThe chief State election official shall— (i) subject to subparagraph (B), ensure that each eligible individual who completes an applicable transaction and does not decline to register to vote is registered to vote— (I) in the next upcoming election for Federal office (and subsequent elections for Federal office), if an applicable agency transmits information under subsection (c)(1)(E) with respect to the individual not later than the applicable date; and (II) in subsequent elections for Federal office, if an applicable agency transmits such information with respect to such individual after the applicable date; and (ii) not later than 60 days after the receipt of such information with respect to an individual, send written notice to the individual, in addition to other means of notice established by this section, of the individual’s voter registration status. (B) Applicable date \nFor purposes of this subsection, the term applicable date means, with respect to any election for Federal office, the later of— (i) the date that is 28 days before the date of the election; or (ii) the last day of the period provided by State law for registration with respect to such election. (C) Clarification \nNothing in this subsection shall prevent the chief State election official from registering an eligible individual to vote for the next upcoming election for Federal office in the State even if an applicable agency transmits information under subsection (c)(1)(E) with respect to the individual after the applicable date. (3) Treatment of individuals under 18 years of age \nA State may not refuse to treat an individual as an eligible individual for purposes of this section on the grounds that the individual is less than 18 years of age at the time an applicable agency receives information with respect to the individual, so long as the individual is at least 16 years of age at such time. Nothing in the previous sentence may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election. (c) Applicable agency responsibilities \n(1) Instructions on automatic registration for agencies collecting citizenship information \n(A) In general \nExcept as otherwise provided in this section, in the case of any applicable transaction for which an applicable agency (in the normal course of its operations) requests individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance or enrollment), the applicable agency shall inform each such individual who is a citizen of the United States of the following: (i) Unless that individual declines to register to vote, or is found ineligible to vote, the individual will be registered to vote or, if applicable, the individual’s registration will be updated. (ii) The substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9, the consequences of false registration, and how the individual should decline to register if the individual does not meet all those qualifications. (iii) In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, the requirement that the individual must affiliate or enroll with a political party in order to participate in such an election. (iv) Voter registration is voluntary, and neither registering nor declining to register to vote will in any way affect the availability of services or benefits, nor be used for other purposes. (B) Individuals with limited English proficiency \nIn the case in which the individual is a member of a group that constitutes 3 percent or more of the overall population within the State served by the applicable agency as measured by the United States Census and are limited English proficient, the information described in clauses (i) through (iv) of subparagraph (A) shall be provided in a language understood by the individual. (C) Clarification on procedures for ineligible voters \nAn applicable agency shall not provide an individual who did not affirm United States citizenship, or for whom the agency has conclusive documentary evidence obtained through its normal course of operations that the individual is not a United States citizen, the opportunity to register to vote under subparagraph (A). (D) Opportunity to decline registration required \nExcept as otherwise provided in this section, each applicable agency shall ensure that each applicable transaction described in subparagraph (A) with an eligible individual cannot be completed until the individual is given the opportunity to decline to be registered to vote. In the case where the individual is a member of a group that constitutes 3 percent or more of the overall population within the State served by the applicable agency as measured by the United States Census and are limited English proficient, such opportunity shall be given in a language understood by the individual. (E) Information transmittal \nNot later than 10 days after an applicable transaction with an eligible individual, if the individual did not decline to be registered to vote, the applicable agency shall electronically transmit to the appropriate State election official the following information with respect to the individual: (i) The individual’s given name(s) and surname(s). (ii) The individual’s date of birth. (iii) The individual’s residential address. (iv) Information showing that the individual is a citizen of the United States. (v) The date on which information pertaining to that individual was collected or last updated. (vi) If available, the individual’s signature in electronic form. (vii) In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, information regarding the individual’s affiliation or enrollment with a political party, but only if the individual provides such information. (viii) Any additional information listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9, including any valid driver’s license number or the last 4 digits of the individual’s social security number, if the individual provided such information. (F) Provision of information regarding participation in primary elections \nIn the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, if the information transmitted under subparagraph (E) with respect to an individual does not include information regarding the individual’s affiliation or enrollment with a political party, the chief State election official shall— (i) notify the individual that such affiliation or enrollment is required to participate in primary elections; and (ii) provide an opportunity for the individual to update their registration with a party affiliation or enrollment. (G) Clarification \nNothing in this section shall be read to require an applicable agency to transmit to an election official the information described in subparagraph (E) for an individual who is ineligible to vote in elections for Federal office in the State, except to the extent required to pre-register citizens between 16 and 18 years of age. (2) Alternate procedure for certain other applicable agencies \nWith each applicable transaction for which an applicable agency in the normal course of its operations does not request individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance), the applicable agency shall— (A) complete the requirements of section 5; (B) ensure that each applicant’s transaction with the applicable agency cannot be completed until the applicant has indicated whether the applicant wishes to register to vote or declines to register to vote in elections for Federal office held in the State; and (C) for each individual who wishes to register to vote, transmit that individual’s information in accordance with subsection (c)(1)(E), unless the applicable agency has conclusive documentary evidence obtained through its normal course of operations that the individual is not a United States citizen. (3) Required availability of automatic registration opportunity with each application for service or assistance \nEach applicable agency shall offer each eligible individual, with each applicable transaction, the opportunity to register to vote as prescribed by this section without regard to whether the individual previously declined a registration opportunity. (d) Voter protection \n(1) Applicable agencies’ protection of information \nNothing in this section authorizes an applicable agency to collect, retain, transmit, or publicly disclose any of the following, except as necessary to comply with title III of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 et seq. ): (A) An individual’s decision to decline to register to vote or not to register to vote. (B) An individual’s decision not to affirm his or her citizenship. (C) Any information that an applicable agency transmits pursuant to subsection (c)(1)(E), except in pursuing the agency’s ordinary course of business. (2) Election officials’ protection of information \n(A) Public disclosure prohibited \n(i) In general \nSubject to clause (ii), with respect to any individual for whom any State election official receives information from an applicable agency, the State election official shall not publicly disclose any of the following: (I) Any information not necessary to voter registration. (II) Any voter information otherwise shielded from disclosure under State law or section 8(a). (III) Any portion of the individual’s social security number. (IV) Any portion of the individual’s motor vehicle driver’s license number. (V) The individual’s signature. (VI) The individual’s telephone number. (VII) The individual’s email address. (ii) Special rule for individuals registered to vote \nThe prohibition on public disclosure under clause (i) shall not apply with respect to the telephone number or email address of any individual for whom any State election official receives information from the applicable agency and who, on the basis of such information, is registered to vote in the State under this section. (e) Miscellaneous provisions \n(1) Accessibility of registration services \nEach applicable agency shall ensure that the services it provides under this section are made available to individuals with disabilities to the same extent as services are made available to all other individuals. (2) Transmission through secure third party permitted \nNothing in this section or in the Automatic Voter Registration Act of 2023 shall be construed to prevent an applicable agency from contracting with a third party to assist the agency in meeting the information transmittal requirements of this section, so long as the data transmittal complies with the applicable requirements of this section and such Act, including provisions relating privacy and security. (3) Nonpartisan, nondiscriminatory provision of services \nThe services made available by applicable agencies under this section shall be made in a manner consistent with paragraphs (4), (5), and (6)(C) of section 7(a). (4) Notices \nEach State may send notices under this section via electronic mail if the individual has provided an electronic mail address and consented to electronic mail communications for election-related materials. All notices sent pursuant to this section that require a response must offer the individual notified the opportunity to respond at no cost to the individual. (5) Registration at other State offices permitted \nNothing in this section may be construed to prohibit a State from offering voter registration services described in this section at offices of the State other than the State motor vehicle authority. (f) Applicability \n(1) In general \nThis section shall not apply to an exempt State. (2) Exempt State defined \nThe term exempt State means a State that, under law that is in effect continuously on and after the date of enactment of this section, either— (A) has no voter registration requirement for any voter in the State with respect to a Federal election; or (B) operates a system of automatic registration at the motor vehicle authority of the State or a Permanent Dividend Fund of the State under which an individual is provided the opportunity to decline registration during the transaction or by way of a notice sent by mail or electronically after the transaction..", "id": "H5F7B6B47EA714441969265A6451AB613", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 20504", "legal-doc": "usc", "parsable-cite": "usc/52/20504" }, { "text": "52 U.S.C. 20701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20701" } ] }, { "text": "(b) Conforming amendments \n(1) Section 4(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20503(a) ) is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: (2) by application made simultaneously with an application for a motor vehicle driver's license pursuant to section 5A;. (2) Section 4(b) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20503(b) ) is amended— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (B) by striking States.—This Act and inserting States.— (1) In general \nExcept as provided in paragraph (2), this Act ; and (C) by adding at the end the following new paragraph: (2) Application of automatic registration requirements \nSection 5A shall apply to a State described in paragraph (1), unless the State is an exempt State as defined in subsection (f)(2) of such section.. (3) Section 8(a)(1) of such Act ( 52 U.S.C. 20507(a)(1) ) is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraph: (B) in the case of registration under section 5A, within the period provided in section 5A(b)(2);.", "id": "HE0B3AC10F477406A85B4A48C03B9CF29", "header": "Conforming amendments", "nested": [], "links": [ { "text": "52 U.S.C. 20503(a)", "legal-doc": "usc", "parsable-cite": "usc/52/20503" }, { "text": "52 U.S.C. 20503(b)", "legal-doc": "usc", "parsable-cite": "usc/52/20503" }, { "text": "52 U.S.C. 20507(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" } ] } ], "links": [ { "text": "52 U.S.C. 20504", "legal-doc": "usc", "parsable-cite": "usc/52/20504" }, { "text": "52 U.S.C. 20701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20701" }, { "text": "52 U.S.C. 20503(a)", "legal-doc": "usc", "parsable-cite": "usc/52/20503" }, { "text": "52 U.S.C. 20503(b)", "legal-doc": "usc", "parsable-cite": "usc/52/20503" }, { "text": "52 U.S.C. 20507(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" } ] }, { "text": "5A. Automatic registration by State motor vehicle authority \n(a) Definitions \nIn this section— (1) Applicable agency \nThe term applicable agency means, with respect to a State, the State motor vehicle authority responsible for motor vehicle driver's licenses under State law. (2) Applicable transaction \nThe term applicable transaction means— (A) an application to an applicable agency for a motor vehicle driver's license; and (B) any other service or assistance (including for a change of address) provided by an applicable agency. (3) Automatic registration \nThe term automatic registration means a system that registers an individual to vote and updates existing registrations, in elections for Federal office in a State, if eligible, by electronically transferring the information necessary for registration from the applicable agency to election officials of the State so that, unless the individual affirmatively declines to be registered or to update any voter registration, the individual will be registered to vote in such elections. (4) Eligible individual \nThe term eligible individual means, with respect to an election for Federal office, an individual who is otherwise qualified to vote in that election. (5) Register to vote \nThe term register to vote includes updating an individual's existing voter registration. (b) Establishment \n(1) In general \nThe chief State election official of each State shall establish and operate a system of automatic registration for the registration of eligible individuals to vote for elections for Federal office in the State, in accordance with the provisions of this section. (2) Registration of voters based on new agency records \n(A) In general \nThe chief State election official shall— (i) subject to subparagraph (B), ensure that each eligible individual who completes an applicable transaction and does not decline to register to vote is registered to vote— (I) in the next upcoming election for Federal office (and subsequent elections for Federal office), if an applicable agency transmits information under subsection (c)(1)(E) with respect to the individual not later than the applicable date; and (II) in subsequent elections for Federal office, if an applicable agency transmits such information with respect to such individual after the applicable date; and (ii) not later than 60 days after the receipt of such information with respect to an individual, send written notice to the individual, in addition to other means of notice established by this section, of the individual’s voter registration status. (B) Applicable date \nFor purposes of this subsection, the term applicable date means, with respect to any election for Federal office, the later of— (i) the date that is 28 days before the date of the election; or (ii) the last day of the period provided by State law for registration with respect to such election. (C) Clarification \nNothing in this subsection shall prevent the chief State election official from registering an eligible individual to vote for the next upcoming election for Federal office in the State even if an applicable agency transmits information under subsection (c)(1)(E) with respect to the individual after the applicable date. (3) Treatment of individuals under 18 years of age \nA State may not refuse to treat an individual as an eligible individual for purposes of this section on the grounds that the individual is less than 18 years of age at the time an applicable agency receives information with respect to the individual, so long as the individual is at least 16 years of age at such time. Nothing in the previous sentence may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election. (c) Applicable agency responsibilities \n(1) Instructions on automatic registration for agencies collecting citizenship information \n(A) In general \nExcept as otherwise provided in this section, in the case of any applicable transaction for which an applicable agency (in the normal course of its operations) requests individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance or enrollment), the applicable agency shall inform each such individual who is a citizen of the United States of the following: (i) Unless that individual declines to register to vote, or is found ineligible to vote, the individual will be registered to vote or, if applicable, the individual’s registration will be updated. (ii) The substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9, the consequences of false registration, and how the individual should decline to register if the individual does not meet all those qualifications. (iii) In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, the requirement that the individual must affiliate or enroll with a political party in order to participate in such an election. (iv) Voter registration is voluntary, and neither registering nor declining to register to vote will in any way affect the availability of services or benefits, nor be used for other purposes. (B) Individuals with limited English proficiency \nIn the case in which the individual is a member of a group that constitutes 3 percent or more of the overall population within the State served by the applicable agency as measured by the United States Census and are limited English proficient, the information described in clauses (i) through (iv) of subparagraph (A) shall be provided in a language understood by the individual. (C) Clarification on procedures for ineligible voters \nAn applicable agency shall not provide an individual who did not affirm United States citizenship, or for whom the agency has conclusive documentary evidence obtained through its normal course of operations that the individual is not a United States citizen, the opportunity to register to vote under subparagraph (A). (D) Opportunity to decline registration required \nExcept as otherwise provided in this section, each applicable agency shall ensure that each applicable transaction described in subparagraph (A) with an eligible individual cannot be completed until the individual is given the opportunity to decline to be registered to vote. In the case where the individual is a member of a group that constitutes 3 percent or more of the overall population within the State served by the applicable agency as measured by the United States Census and are limited English proficient, such opportunity shall be given in a language understood by the individual. (E) Information transmittal \nNot later than 10 days after an applicable transaction with an eligible individual, if the individual did not decline to be registered to vote, the applicable agency shall electronically transmit to the appropriate State election official the following information with respect to the individual: (i) The individual’s given name(s) and surname(s). (ii) The individual’s date of birth. (iii) The individual’s residential address. (iv) Information showing that the individual is a citizen of the United States. (v) The date on which information pertaining to that individual was collected or last updated. (vi) If available, the individual’s signature in electronic form. (vii) In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, information regarding the individual’s affiliation or enrollment with a political party, but only if the individual provides such information. (viii) Any additional information listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9, including any valid driver’s license number or the last 4 digits of the individual’s social security number, if the individual provided such information. (F) Provision of information regarding participation in primary elections \nIn the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, if the information transmitted under subparagraph (E) with respect to an individual does not include information regarding the individual’s affiliation or enrollment with a political party, the chief State election official shall— (i) notify the individual that such affiliation or enrollment is required to participate in primary elections; and (ii) provide an opportunity for the individual to update their registration with a party affiliation or enrollment. (G) Clarification \nNothing in this section shall be read to require an applicable agency to transmit to an election official the information described in subparagraph (E) for an individual who is ineligible to vote in elections for Federal office in the State, except to the extent required to pre-register citizens between 16 and 18 years of age. (2) Alternate procedure for certain other applicable agencies \nWith each applicable transaction for which an applicable agency in the normal course of its operations does not request individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance), the applicable agency shall— (A) complete the requirements of section 5; (B) ensure that each applicant’s transaction with the applicable agency cannot be completed until the applicant has indicated whether the applicant wishes to register to vote or declines to register to vote in elections for Federal office held in the State; and (C) for each individual who wishes to register to vote, transmit that individual’s information in accordance with subsection (c)(1)(E), unless the applicable agency has conclusive documentary evidence obtained through its normal course of operations that the individual is not a United States citizen. (3) Required availability of automatic registration opportunity with each application for service or assistance \nEach applicable agency shall offer each eligible individual, with each applicable transaction, the opportunity to register to vote as prescribed by this section without regard to whether the individual previously declined a registration opportunity. (d) Voter protection \n(1) Applicable agencies’ protection of information \nNothing in this section authorizes an applicable agency to collect, retain, transmit, or publicly disclose any of the following, except as necessary to comply with title III of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 et seq. ): (A) An individual’s decision to decline to register to vote or not to register to vote. (B) An individual’s decision not to affirm his or her citizenship. (C) Any information that an applicable agency transmits pursuant to subsection (c)(1)(E), except in pursuing the agency’s ordinary course of business. (2) Election officials’ protection of information \n(A) Public disclosure prohibited \n(i) In general \nSubject to clause (ii), with respect to any individual for whom any State election official receives information from an applicable agency, the State election official shall not publicly disclose any of the following: (I) Any information not necessary to voter registration. (II) Any voter information otherwise shielded from disclosure under State law or section 8(a). (III) Any portion of the individual’s social security number. (IV) Any portion of the individual’s motor vehicle driver’s license number. (V) The individual’s signature. (VI) The individual’s telephone number. (VII) The individual’s email address. (ii) Special rule for individuals registered to vote \nThe prohibition on public disclosure under clause (i) shall not apply with respect to the telephone number or email address of any individual for whom any State election official receives information from the applicable agency and who, on the basis of such information, is registered to vote in the State under this section. (e) Miscellaneous provisions \n(1) Accessibility of registration services \nEach applicable agency shall ensure that the services it provides under this section are made available to individuals with disabilities to the same extent as services are made available to all other individuals. (2) Transmission through secure third party permitted \nNothing in this section or in the Automatic Voter Registration Act of 2023 shall be construed to prevent an applicable agency from contracting with a third party to assist the agency in meeting the information transmittal requirements of this section, so long as the data transmittal complies with the applicable requirements of this section and such Act, including provisions relating privacy and security. (3) Nonpartisan, nondiscriminatory provision of services \nThe services made available by applicable agencies under this section shall be made in a manner consistent with paragraphs (4), (5), and (6)(C) of section 7(a). (4) Notices \nEach State may send notices under this section via electronic mail if the individual has provided an electronic mail address and consented to electronic mail communications for election-related materials. All notices sent pursuant to this section that require a response must offer the individual notified the opportunity to respond at no cost to the individual. (5) Registration at other State offices permitted \nNothing in this section may be construed to prohibit a State from offering voter registration services described in this section at offices of the State other than the State motor vehicle authority. (f) Applicability \n(1) In general \nThis section shall not apply to an exempt State. (2) Exempt State defined \nThe term exempt State means a State that, under law that is in effect continuously on and after the date of enactment of this section, either— (A) has no voter registration requirement for any voter in the State with respect to a Federal election; or (B) operates a system of automatic registration at the motor vehicle authority of the State or a Permanent Dividend Fund of the State under which an individual is provided the opportunity to decline registration during the transaction or by way of a notice sent by mail or electronically after the transaction.", "id": "HD09115892CC04EE89D05D29149DF0955", "header": "Automatic registration by State motor vehicle authority", "nested": [ { "text": "(a) Definitions \nIn this section— (1) Applicable agency \nThe term applicable agency means, with respect to a State, the State motor vehicle authority responsible for motor vehicle driver's licenses under State law. (2) Applicable transaction \nThe term applicable transaction means— (A) an application to an applicable agency for a motor vehicle driver's license; and (B) any other service or assistance (including for a change of address) provided by an applicable agency. (3) Automatic registration \nThe term automatic registration means a system that registers an individual to vote and updates existing registrations, in elections for Federal office in a State, if eligible, by electronically transferring the information necessary for registration from the applicable agency to election officials of the State so that, unless the individual affirmatively declines to be registered or to update any voter registration, the individual will be registered to vote in such elections. (4) Eligible individual \nThe term eligible individual means, with respect to an election for Federal office, an individual who is otherwise qualified to vote in that election. (5) Register to vote \nThe term register to vote includes updating an individual's existing voter registration.", "id": "H30DA165375564E69A9D2017FFA947015", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Establishment \n(1) In general \nThe chief State election official of each State shall establish and operate a system of automatic registration for the registration of eligible individuals to vote for elections for Federal office in the State, in accordance with the provisions of this section. (2) Registration of voters based on new agency records \n(A) In general \nThe chief State election official shall— (i) subject to subparagraph (B), ensure that each eligible individual who completes an applicable transaction and does not decline to register to vote is registered to vote— (I) in the next upcoming election for Federal office (and subsequent elections for Federal office), if an applicable agency transmits information under subsection (c)(1)(E) with respect to the individual not later than the applicable date; and (II) in subsequent elections for Federal office, if an applicable agency transmits such information with respect to such individual after the applicable date; and (ii) not later than 60 days after the receipt of such information with respect to an individual, send written notice to the individual, in addition to other means of notice established by this section, of the individual’s voter registration status. (B) Applicable date \nFor purposes of this subsection, the term applicable date means, with respect to any election for Federal office, the later of— (i) the date that is 28 days before the date of the election; or (ii) the last day of the period provided by State law for registration with respect to such election. (C) Clarification \nNothing in this subsection shall prevent the chief State election official from registering an eligible individual to vote for the next upcoming election for Federal office in the State even if an applicable agency transmits information under subsection (c)(1)(E) with respect to the individual after the applicable date. (3) Treatment of individuals under 18 years of age \nA State may not refuse to treat an individual as an eligible individual for purposes of this section on the grounds that the individual is less than 18 years of age at the time an applicable agency receives information with respect to the individual, so long as the individual is at least 16 years of age at such time. Nothing in the previous sentence may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election.", "id": "HA6B3F9DE23304A99B26F077BC665586C", "header": "Establishment", "nested": [], "links": [] }, { "text": "(c) Applicable agency responsibilities \n(1) Instructions on automatic registration for agencies collecting citizenship information \n(A) In general \nExcept as otherwise provided in this section, in the case of any applicable transaction for which an applicable agency (in the normal course of its operations) requests individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance or enrollment), the applicable agency shall inform each such individual who is a citizen of the United States of the following: (i) Unless that individual declines to register to vote, or is found ineligible to vote, the individual will be registered to vote or, if applicable, the individual’s registration will be updated. (ii) The substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9, the consequences of false registration, and how the individual should decline to register if the individual does not meet all those qualifications. (iii) In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, the requirement that the individual must affiliate or enroll with a political party in order to participate in such an election. (iv) Voter registration is voluntary, and neither registering nor declining to register to vote will in any way affect the availability of services or benefits, nor be used for other purposes. (B) Individuals with limited English proficiency \nIn the case in which the individual is a member of a group that constitutes 3 percent or more of the overall population within the State served by the applicable agency as measured by the United States Census and are limited English proficient, the information described in clauses (i) through (iv) of subparagraph (A) shall be provided in a language understood by the individual. (C) Clarification on procedures for ineligible voters \nAn applicable agency shall not provide an individual who did not affirm United States citizenship, or for whom the agency has conclusive documentary evidence obtained through its normal course of operations that the individual is not a United States citizen, the opportunity to register to vote under subparagraph (A). (D) Opportunity to decline registration required \nExcept as otherwise provided in this section, each applicable agency shall ensure that each applicable transaction described in subparagraph (A) with an eligible individual cannot be completed until the individual is given the opportunity to decline to be registered to vote. In the case where the individual is a member of a group that constitutes 3 percent or more of the overall population within the State served by the applicable agency as measured by the United States Census and are limited English proficient, such opportunity shall be given in a language understood by the individual. (E) Information transmittal \nNot later than 10 days after an applicable transaction with an eligible individual, if the individual did not decline to be registered to vote, the applicable agency shall electronically transmit to the appropriate State election official the following information with respect to the individual: (i) The individual’s given name(s) and surname(s). (ii) The individual’s date of birth. (iii) The individual’s residential address. (iv) Information showing that the individual is a citizen of the United States. (v) The date on which information pertaining to that individual was collected or last updated. (vi) If available, the individual’s signature in electronic form. (vii) In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, information regarding the individual’s affiliation or enrollment with a political party, but only if the individual provides such information. (viii) Any additional information listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9, including any valid driver’s license number or the last 4 digits of the individual’s social security number, if the individual provided such information. (F) Provision of information regarding participation in primary elections \nIn the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, if the information transmitted under subparagraph (E) with respect to an individual does not include information regarding the individual’s affiliation or enrollment with a political party, the chief State election official shall— (i) notify the individual that such affiliation or enrollment is required to participate in primary elections; and (ii) provide an opportunity for the individual to update their registration with a party affiliation or enrollment. (G) Clarification \nNothing in this section shall be read to require an applicable agency to transmit to an election official the information described in subparagraph (E) for an individual who is ineligible to vote in elections for Federal office in the State, except to the extent required to pre-register citizens between 16 and 18 years of age. (2) Alternate procedure for certain other applicable agencies \nWith each applicable transaction for which an applicable agency in the normal course of its operations does not request individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance), the applicable agency shall— (A) complete the requirements of section 5; (B) ensure that each applicant’s transaction with the applicable agency cannot be completed until the applicant has indicated whether the applicant wishes to register to vote or declines to register to vote in elections for Federal office held in the State; and (C) for each individual who wishes to register to vote, transmit that individual’s information in accordance with subsection (c)(1)(E), unless the applicable agency has conclusive documentary evidence obtained through its normal course of operations that the individual is not a United States citizen. (3) Required availability of automatic registration opportunity with each application for service or assistance \nEach applicable agency shall offer each eligible individual, with each applicable transaction, the opportunity to register to vote as prescribed by this section without regard to whether the individual previously declined a registration opportunity.", "id": "H2FCEB61ABC01427BAA8F527B3F932E25", "header": "Applicable agency responsibilities", "nested": [], "links": [] }, { "text": "(d) Voter protection \n(1) Applicable agencies’ protection of information \nNothing in this section authorizes an applicable agency to collect, retain, transmit, or publicly disclose any of the following, except as necessary to comply with title III of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 et seq. ): (A) An individual’s decision to decline to register to vote or not to register to vote. (B) An individual’s decision not to affirm his or her citizenship. (C) Any information that an applicable agency transmits pursuant to subsection (c)(1)(E), except in pursuing the agency’s ordinary course of business. (2) Election officials’ protection of information \n(A) Public disclosure prohibited \n(i) In general \nSubject to clause (ii), with respect to any individual for whom any State election official receives information from an applicable agency, the State election official shall not publicly disclose any of the following: (I) Any information not necessary to voter registration. (II) Any voter information otherwise shielded from disclosure under State law or section 8(a). (III) Any portion of the individual’s social security number. (IV) Any portion of the individual’s motor vehicle driver’s license number. (V) The individual’s signature. (VI) The individual’s telephone number. (VII) The individual’s email address. (ii) Special rule for individuals registered to vote \nThe prohibition on public disclosure under clause (i) shall not apply with respect to the telephone number or email address of any individual for whom any State election official receives information from the applicable agency and who, on the basis of such information, is registered to vote in the State under this section.", "id": "H1CFBAAF475044D2DB7868689D81A04F2", "header": "Voter protection", "nested": [], "links": [ { "text": "52 U.S.C. 20701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20701" } ] }, { "text": "(e) Miscellaneous provisions \n(1) Accessibility of registration services \nEach applicable agency shall ensure that the services it provides under this section are made available to individuals with disabilities to the same extent as services are made available to all other individuals. (2) Transmission through secure third party permitted \nNothing in this section or in the Automatic Voter Registration Act of 2023 shall be construed to prevent an applicable agency from contracting with a third party to assist the agency in meeting the information transmittal requirements of this section, so long as the data transmittal complies with the applicable requirements of this section and such Act, including provisions relating privacy and security. (3) Nonpartisan, nondiscriminatory provision of services \nThe services made available by applicable agencies under this section shall be made in a manner consistent with paragraphs (4), (5), and (6)(C) of section 7(a). (4) Notices \nEach State may send notices under this section via electronic mail if the individual has provided an electronic mail address and consented to electronic mail communications for election-related materials. All notices sent pursuant to this section that require a response must offer the individual notified the opportunity to respond at no cost to the individual. (5) Registration at other State offices permitted \nNothing in this section may be construed to prohibit a State from offering voter registration services described in this section at offices of the State other than the State motor vehicle authority.", "id": "H8F1FB42E5D844ED5BB3909F3357C25CD", "header": "Miscellaneous provisions", "nested": [], "links": [] }, { "text": "(f) Applicability \n(1) In general \nThis section shall not apply to an exempt State. (2) Exempt State defined \nThe term exempt State means a State that, under law that is in effect continuously on and after the date of enactment of this section, either— (A) has no voter registration requirement for any voter in the State with respect to a Federal election; or (B) operates a system of automatic registration at the motor vehicle authority of the State or a Permanent Dividend Fund of the State under which an individual is provided the opportunity to decline registration during the transaction or by way of a notice sent by mail or electronically after the transaction.", "id": "HC39428DFDF3E4EC3954084072412BE75", "header": "Applicability", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 20701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20701" } ] }, { "text": "1003. Voter protection and security in automatic registration \n(a) Protections for errors in registration \nAn individual shall not be prosecuted under any Federal or State law, adversely affected in any civil adjudication concerning immigration status or naturalization, or subject to an allegation in any legal proceeding that the individual is not a citizen of the United States on any of the following grounds: (1) The individual notified an election office of the individual’s automatic registration to vote. (2) The individual is not eligible to vote in elections for Federal office but was registered to vote due to individual or agency error. (3) The individual was automatically registered to vote at an incorrect address. (4) The individual declined the opportunity to register to vote or did not make an affirmation of citizenship, including through automatic registration. (b) Limits on use of automatic registration \nThe automatic registration (within the meaning of section 5A of the National Voter Registration Act of 1993) of any individual or the fact that an individual declined the opportunity to register to vote or did not make an affirmation of citizenship (including through automatic registration) may not be used as evidence against that individual in any State or Federal law enforcement proceeding or any civil adjudication concerning immigration status or naturalization, and an individual’s lack of knowledge or willfulness of such registration may be demonstrated by the individual’s testimony alone. (c) Protection of election integrity \nNothing in subsection (a) or (b) may be construed to prohibit or restrict any action under color of law against an individual who— (1) knowingly and willfully makes a false statement to effectuate or perpetuate automatic voter registration (within the meaning of section 5A of the National Voter Registration Act of 1993) by any individual; or (2) casts a ballot knowingly and willfully in violation of State law or the laws of the United States. (d) Election officials’ protection of information \n(1) Voter record changes \nEach State shall maintain for not less than 2 years and shall make available for public inspection (and, where available, photocopying at a reasonable cost), including in electronic form and through electronic methods, all records of changes to voter records, including removals, the reasons for removals, and updates. (2) Database management standards \nNot later than 1 year after the date of enactment of this Act, the Director of the National Institute of Standards and Technology, in consultation with State and local election officials and the Commission, shall, after providing the public with notice and the opportunity to comment— (A) establish standards governing the comparison of data for voter registration list maintenance purposes, identifying as part of such standards the specific data elements, the matching rules used, and how a State may use the data to determine and deem that an individual is ineligible under State law to vote in an election, or to deem a record to be a duplicate or outdated; (B) ensure that the standards developed pursuant to this paragraph are uniform and nondiscriminatory and are applied in a uniform and nondiscriminatory manner; (C) not later than 45 days after the deadline for public notice and comment, publish the standards developed pursuant to this paragraph on the Director’s website and make those standards available in written form upon request; and (D) ensure that the standards developed pursuant to this paragraph are maintained and updated in a manner that reflects innovations and best practices in the security of database management. (3) Security policy \n(A) In general \nNot later than 1 year after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall, after providing the public with notice and the opportunity to comment, publish privacy and security standards for voter registration information not later than 45 days after the deadline for public notice and comment. The standards shall require the chief State election official of each State to adopt a policy that shall specify— (i) each class of users who shall have authorized access to the computerized statewide voter registration list, specifying for each class the permission and levels of access to be granted, and setting forth other safeguards to protect the privacy, security, and accuracy of the information on the list; and (ii) security safeguards to protect personal information transmitted through the information transmittal processes of section 5A(b) of the National Voter Registration Act of 1993, any telephone interface, the maintenance of the voter registration database, and any audit procedure to track access to the system. (B) Maintenance and updating \nThe Director of the National Institute of Standards and Technology shall ensure that the standards developed pursuant to this paragraph are maintained and updated in a manner that reflects innovations and best practices in the privacy and security of voter registration information. (4) State compliance with national standards \n(A) Certification \nThe chief State election official of the State shall annually file with the Commission a statement certifying to the Director of the National Institute of Standards and Technology that the State is in compliance with the standards referred to in paragraphs (2) and (3). A State may meet the requirement of the previous sentence by filing with the Commission a statement that reads as follows: _____ hereby certifies that it is in compliance with the standards referred to in paragraphs (2) and (3) of section 1003(d) of the Automatic Voter Registration Act of 2023. (with the blank to be filled in with the name of the State involved). (B) Publication of policies and procedures \nThe chief State election official of a State shall publish on the official’s website the policies and procedures established under this section, and shall make those policies and procedures available in written form upon public request. (C) Funding dependent on certification \nIf a State does not timely file the certification required under this paragraph, it shall not receive any payment under this part for the upcoming fiscal year. (D) Compliance of States that require changes to State law \nIn the case of a State that requires State legislation to carry out an activity covered by any certification submitted under this paragraph, for a period of not more than 2 years, the State shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted, and such State shall submit an additional certification once such legislation is enacted. (e) Restrictions on use of information \nNo person acting under color of law may discriminate against any individual based on, or use for any purpose other than voter registration, election administration, juror selection, or enforcement relating to election crimes, any of the following: (1) Voter registration records. (2) An individual’s declination to register to vote or complete an affirmation of citizenship under section 5A of the National Voter Registration Act of 1993. (3) An individual’s voter registration status. (f) Prohibition on the use of voter registration information for commercial purposes \nInformation collected under this part or the amendments made by this part shall not be used for commercial purposes. Nothing in this subsection may be construed to prohibit the transmission, exchange, or dissemination of information for political purposes, including the support of campaigns for election for Federal, State, or local public office or the activities of political committees (including committees of political parties) under the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq. ).", "id": "H082B1551F82D4BF0A854DC529E87BA48", "header": "Voter protection and security in automatic registration", "nested": [ { "text": "(a) Protections for errors in registration \nAn individual shall not be prosecuted under any Federal or State law, adversely affected in any civil adjudication concerning immigration status or naturalization, or subject to an allegation in any legal proceeding that the individual is not a citizen of the United States on any of the following grounds: (1) The individual notified an election office of the individual’s automatic registration to vote. (2) The individual is not eligible to vote in elections for Federal office but was registered to vote due to individual or agency error. (3) The individual was automatically registered to vote at an incorrect address. (4) The individual declined the opportunity to register to vote or did not make an affirmation of citizenship, including through automatic registration.", "id": "H5CE2C115C0814A488DE9A1E1A32F5894", "header": "Protections for errors in registration", "nested": [], "links": [] }, { "text": "(b) Limits on use of automatic registration \nThe automatic registration (within the meaning of section 5A of the National Voter Registration Act of 1993) of any individual or the fact that an individual declined the opportunity to register to vote or did not make an affirmation of citizenship (including through automatic registration) may not be used as evidence against that individual in any State or Federal law enforcement proceeding or any civil adjudication concerning immigration status or naturalization, and an individual’s lack of knowledge or willfulness of such registration may be demonstrated by the individual’s testimony alone.", "id": "H9E36AA5D4A5E425687506FE4B6112C2B", "header": "Limits on use of automatic registration", "nested": [], "links": [] }, { "text": "(c) Protection of election integrity \nNothing in subsection (a) or (b) may be construed to prohibit or restrict any action under color of law against an individual who— (1) knowingly and willfully makes a false statement to effectuate or perpetuate automatic voter registration (within the meaning of section 5A of the National Voter Registration Act of 1993) by any individual; or (2) casts a ballot knowingly and willfully in violation of State law or the laws of the United States.", "id": "H375918510CB348AC9B2D5838117D443E", "header": "Protection of election integrity", "nested": [], "links": [] }, { "text": "(d) Election officials’ protection of information \n(1) Voter record changes \nEach State shall maintain for not less than 2 years and shall make available for public inspection (and, where available, photocopying at a reasonable cost), including in electronic form and through electronic methods, all records of changes to voter records, including removals, the reasons for removals, and updates. (2) Database management standards \nNot later than 1 year after the date of enactment of this Act, the Director of the National Institute of Standards and Technology, in consultation with State and local election officials and the Commission, shall, after providing the public with notice and the opportunity to comment— (A) establish standards governing the comparison of data for voter registration list maintenance purposes, identifying as part of such standards the specific data elements, the matching rules used, and how a State may use the data to determine and deem that an individual is ineligible under State law to vote in an election, or to deem a record to be a duplicate or outdated; (B) ensure that the standards developed pursuant to this paragraph are uniform and nondiscriminatory and are applied in a uniform and nondiscriminatory manner; (C) not later than 45 days after the deadline for public notice and comment, publish the standards developed pursuant to this paragraph on the Director’s website and make those standards available in written form upon request; and (D) ensure that the standards developed pursuant to this paragraph are maintained and updated in a manner that reflects innovations and best practices in the security of database management. (3) Security policy \n(A) In general \nNot later than 1 year after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall, after providing the public with notice and the opportunity to comment, publish privacy and security standards for voter registration information not later than 45 days after the deadline for public notice and comment. The standards shall require the chief State election official of each State to adopt a policy that shall specify— (i) each class of users who shall have authorized access to the computerized statewide voter registration list, specifying for each class the permission and levels of access to be granted, and setting forth other safeguards to protect the privacy, security, and accuracy of the information on the list; and (ii) security safeguards to protect personal information transmitted through the information transmittal processes of section 5A(b) of the National Voter Registration Act of 1993, any telephone interface, the maintenance of the voter registration database, and any audit procedure to track access to the system. (B) Maintenance and updating \nThe Director of the National Institute of Standards and Technology shall ensure that the standards developed pursuant to this paragraph are maintained and updated in a manner that reflects innovations and best practices in the privacy and security of voter registration information. (4) State compliance with national standards \n(A) Certification \nThe chief State election official of the State shall annually file with the Commission a statement certifying to the Director of the National Institute of Standards and Technology that the State is in compliance with the standards referred to in paragraphs (2) and (3). A State may meet the requirement of the previous sentence by filing with the Commission a statement that reads as follows: _____ hereby certifies that it is in compliance with the standards referred to in paragraphs (2) and (3) of section 1003(d) of the Automatic Voter Registration Act of 2023. (with the blank to be filled in with the name of the State involved). (B) Publication of policies and procedures \nThe chief State election official of a State shall publish on the official’s website the policies and procedures established under this section, and shall make those policies and procedures available in written form upon public request. (C) Funding dependent on certification \nIf a State does not timely file the certification required under this paragraph, it shall not receive any payment under this part for the upcoming fiscal year. (D) Compliance of States that require changes to State law \nIn the case of a State that requires State legislation to carry out an activity covered by any certification submitted under this paragraph, for a period of not more than 2 years, the State shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted, and such State shall submit an additional certification once such legislation is enacted.", "id": "H05CC3AE24B3A4CAA97ADA1AC81243578", "header": "Election officials’ protection of information", "nested": [], "links": [] }, { "text": "(e) Restrictions on use of information \nNo person acting under color of law may discriminate against any individual based on, or use for any purpose other than voter registration, election administration, juror selection, or enforcement relating to election crimes, any of the following: (1) Voter registration records. (2) An individual’s declination to register to vote or complete an affirmation of citizenship under section 5A of the National Voter Registration Act of 1993. (3) An individual’s voter registration status.", "id": "H113748DAFC5246C1B481814FBBCE29D9", "header": "Restrictions on use of information", "nested": [], "links": [] }, { "text": "(f) Prohibition on the use of voter registration information for commercial purposes \nInformation collected under this part or the amendments made by this part shall not be used for commercial purposes. Nothing in this subsection may be construed to prohibit the transmission, exchange, or dissemination of information for political purposes, including the support of campaigns for election for Federal, State, or local public office or the activities of political committees (including committees of political parties) under the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq. ).", "id": "HB1402E685FFA4085B3AC93D955B2B728", "header": "Prohibition on the use of voter registration information for commercial purposes", "nested": [], "links": [ { "text": "52 U.S.C. 30101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] } ], "links": [ { "text": "52 U.S.C. 30101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "1004. Payments and grants \n(a) In general \nThe Commission shall make grants to each eligible State to assist the State in implementing the requirements of this part and the amendments made by this part (or, in the case of an exempt State, in implementing its existing automatic voter registration program or expanding its automatic voter registration program in a manner consistent with the requirements of this part) with respect to the offices of the State motor vehicle authority and any other offices of the State at which the State offers voter registration services as described in this part and the amendments made by this part. (b) Eligibility; application \nA State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing— (1) a description of the activities the State will carry out with the grant; (2) an assurance that the State shall carry out such activities without partisan bias and without promoting any particular point of view regarding any issue; and (3) such other information and assurances as the Commission may require. (c) Amount of grant; priorities \nThe Commission shall determine the amount of a grant made to an eligible State under this section. In determining the amounts of the grants, the Commission shall give priority to providing funds for those activities that are most likely to accelerate compliance with the requirements of this part (or, in the case of an exempt State, which are most likely to enhance the ability of the State to automatically register individuals to vote through its existing automatic voter registration program), including— (1) investments supporting electronic information transfer, including electronic collection and transfer of signatures, between applicable agencies (as defined in section 5A of the National Voter Registration Act of 1993) and the appropriate State election officials; (2) updates to online or electronic voter registration systems already operating as of the date of enactment of this Act; (3) introduction of online voter registration systems in jurisdictions in which those systems did not previously exist; and (4) public education on the availability of new methods of registering to vote, updating registration, and correcting registration. (d) Exempt State \nFor purposes of this section, the term exempt State has the meaning given that term in section 5A of the National Voter Registration Act of 1993, and also includes a State in which, under law that is in effect continuously on and after the date of enactment of the National Voter Registration Act of 1993, there is no voter registration requirement for any voter in the State with respect to an election for Federal office. (e) Authorization of appropriations \n(1) Authorization \nThere are authorized to be appropriated to carry out this section— (A) $3,000,000,000 for fiscal year 2024; and (B) such sums as may be necessary for each succeeding fiscal year. (2) Continuing availability of funds \nAny amounts appropriated pursuant to the authority of this subsection shall remain available without fiscal year limitation until expended.", "id": "HED119B2B74764E2CBA92425071F36D58", "header": "Payments and grants", "nested": [ { "text": "(a) In general \nThe Commission shall make grants to each eligible State to assist the State in implementing the requirements of this part and the amendments made by this part (or, in the case of an exempt State, in implementing its existing automatic voter registration program or expanding its automatic voter registration program in a manner consistent with the requirements of this part) with respect to the offices of the State motor vehicle authority and any other offices of the State at which the State offers voter registration services as described in this part and the amendments made by this part.", "id": "HF6544B6D89824153A99E6F1C29DFD89C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Eligibility; application \nA State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing— (1) a description of the activities the State will carry out with the grant; (2) an assurance that the State shall carry out such activities without partisan bias and without promoting any particular point of view regarding any issue; and (3) such other information and assurances as the Commission may require.", "id": "H9F3D2B296E8A4D57BC14986BD4C8B792", "header": "Eligibility; application", "nested": [], "links": [] }, { "text": "(c) Amount of grant; priorities \nThe Commission shall determine the amount of a grant made to an eligible State under this section. In determining the amounts of the grants, the Commission shall give priority to providing funds for those activities that are most likely to accelerate compliance with the requirements of this part (or, in the case of an exempt State, which are most likely to enhance the ability of the State to automatically register individuals to vote through its existing automatic voter registration program), including— (1) investments supporting electronic information transfer, including electronic collection and transfer of signatures, between applicable agencies (as defined in section 5A of the National Voter Registration Act of 1993) and the appropriate State election officials; (2) updates to online or electronic voter registration systems already operating as of the date of enactment of this Act; (3) introduction of online voter registration systems in jurisdictions in which those systems did not previously exist; and (4) public education on the availability of new methods of registering to vote, updating registration, and correcting registration.", "id": "H7EADFDACF3C24553B8C2B26C17BE50CA", "header": "Amount of grant; priorities", "nested": [], "links": [] }, { "text": "(d) Exempt State \nFor purposes of this section, the term exempt State has the meaning given that term in section 5A of the National Voter Registration Act of 1993, and also includes a State in which, under law that is in effect continuously on and after the date of enactment of the National Voter Registration Act of 1993, there is no voter registration requirement for any voter in the State with respect to an election for Federal office.", "id": "H4991BC3F84184B0ABE04C92ABA608378", "header": "Exempt State", "nested": [], "links": [] }, { "text": "(e) Authorization of appropriations \n(1) Authorization \nThere are authorized to be appropriated to carry out this section— (A) $3,000,000,000 for fiscal year 2024; and (B) such sums as may be necessary for each succeeding fiscal year. (2) Continuing availability of funds \nAny amounts appropriated pursuant to the authority of this subsection shall remain available without fiscal year limitation until expended.", "id": "H923550C9308C4000B425D59C61478842", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "1005. Miscellaneous provisions \n(a) Enforcement \nSection 11 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20510 ), relating to civil enforcement and the availability of private rights of action, shall apply with respect to this part in the same manner as such section applies to such Act. (b) Relation to other laws \nExcept as provided, nothing in this part or the amendments made by this part may be construed to authorize or require conduct prohibited under, or to supersede, restrict, or limit the application of any of the following: (1) The Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ). (2) The Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ). (3) The National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ) (other than section 5A thereof). (4) The Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq. ). (5) The Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ).", "id": "H57D359086EA54A208B25C27D54DE4309", "header": "Miscellaneous provisions", "nested": [ { "text": "(a) Enforcement \nSection 11 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20510 ), relating to civil enforcement and the availability of private rights of action, shall apply with respect to this part in the same manner as such section applies to such Act.", "id": "H963AF95C13404F459BD3D5DA80D2549C", "header": "Enforcement", "nested": [], "links": [ { "text": "52 U.S.C. 20510", "legal-doc": "usc", "parsable-cite": "usc/52/20510" } ] }, { "text": "(b) Relation to other laws \nExcept as provided, nothing in this part or the amendments made by this part may be construed to authorize or require conduct prohibited under, or to supersede, restrict, or limit the application of any of the following: (1) The Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ). (2) The Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ). (3) The National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ) (other than section 5A thereof). (4) The Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq. ). (5) The Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ).", "id": "HA8995CDAD3E4418DB0A727CE2E929111", "header": "Relation to other laws", "nested": [], "links": [ { "text": "52 U.S.C. 10301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/10301" }, { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 20501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20501" }, { "text": "52 U.S.C. 20901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20901" }, { "text": "42 U.S.C. 12101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12101" } ] } ], "links": [ { "text": "52 U.S.C. 20510", "legal-doc": "usc", "parsable-cite": "usc/52/20510" }, { "text": "52 U.S.C. 10301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/10301" }, { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 20501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20501" }, { "text": "52 U.S.C. 20901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20901" }, { "text": "42 U.S.C. 12101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12101" } ] }, { "text": "1006. Definitions \nIn this part, the following definitions apply: (1) The term chief State election official means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20509 ) to be responsible for coordination of the State’s responsibilities under such Act. (2) The term Commission means the Election Assistance Commission. (3) The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.", "id": "HDD7CF66C1EB3448487584709B3EA4C7F", "header": "Definitions", "nested": [], "links": [ { "text": "52 U.S.C. 20509", "legal-doc": "usc", "parsable-cite": "usc/52/20509" } ] }, { "text": "1007. Effective date \n(a) In general \nExcept as provided in subsection (b), this part and the amendments made by this part shall apply on and after January 1, 2025. (b) Waiver \nIf a State certifies to the Commission not later than January 1, 2025, that the State will not meet the deadline described in subsection (a) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subsection (a) shall apply to the State as if the reference in such subsection to January 1, 2025 were a reference to January 1, 2027.", "id": "H885FD7BEF2D54E1DB9EA5F41E7209E73", "header": "Effective date", "nested": [ { "text": "(a) In general \nExcept as provided in subsection (b), this part and the amendments made by this part shall apply on and after January 1, 2025.", "id": "H9191CF65B85444EFA9291C59396E9CB6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Waiver \nIf a State certifies to the Commission not later than January 1, 2025, that the State will not meet the deadline described in subsection (a) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subsection (a) shall apply to the State as if the reference in such subsection to January 1, 2025 were a reference to January 1, 2027.", "id": "HC00F40F11B144EAD872CD32E64C8E7C6", "header": "Waiver", "nested": [], "links": [] } ], "links": [] }, { "text": "1011. Election day as legal public holiday \n(a) In general \nSection 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Columbus Day, the following: Election Day, the Tuesday next after the first Monday in November in each even-numbered year.. (b) Conforming amendment \nSection 241(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 20981(b) ) is amended— (1) by striking paragraph (10); and (2) by redesignating paragraphs (11) through (19) as paragraphs (10) through (18), respectively. (c) Effective date \nThe amendment made by subsection (a) shall apply with respect to the regularly scheduled general elections for Federal office held in November 2024 or any succeeding year.", "id": "H1487A08594D64493926CB74FCB20A0DA", "header": "Election day as legal public holiday", "nested": [ { "text": "(a) In general \nSection 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Columbus Day, the following: Election Day, the Tuesday next after the first Monday in November in each even-numbered year..", "id": "H3482AF50EAFE49B5A10FAA7C13D7C85E", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Conforming amendment \nSection 241(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 20981(b) ) is amended— (1) by striking paragraph (10); and (2) by redesignating paragraphs (11) through (19) as paragraphs (10) through (18), respectively.", "id": "H63CD8F1F341A448F8753C504DE698058", "header": "Conforming amendment", "nested": [], "links": [ { "text": "52 U.S.C. 20981(b)", "legal-doc": "usc", "parsable-cite": "usc/52/20981" } ] }, { "text": "(c) Effective date \nThe amendment made by subsection (a) shall apply with respect to the regularly scheduled general elections for Federal office held in November 2024 or any succeeding year.", "id": "H1272582135DB457E839D105DCB735CAD", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 20981(b)", "legal-doc": "usc", "parsable-cite": "usc/52/20981" } ] }, { "text": "", "id": "H752507EBFB024FF3963C7021BB87908C", "header": null, "nested": [], "links": [] }, { "text": "1021. Requiring availability of internet for voter registration \n(a) Requiring availability of internet for registration \nThe National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ) is amended by inserting after section 6 the following new section: 6A. Internet registration \n(a) Requiring availability of internet for online registration \nEach State, acting through the chief State election official, shall ensure that the following services are available to the public at any time on the official public websites of the appropriate State and local election officials in the State, in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section 7(a): (1) Online application for voter registration. (2) Online assistance to applicants in applying to register to vote. (3) Online completion and submission by applicants of the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature as required under subsection (c). (4) Online receipt of completed voter registration applications. (b) Acceptance of completed applications \nA State shall accept an online voter registration application provided by an individual under this section, and ensure that the individual is registered to vote in the State, if— (1) the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section 6(a)(1) using the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2); and (2) the individual meets the requirements of subsection (c) to provide a signature in electronic form (but only in the case of applications submitted during or after the second year in which this section is in effect in the State). (c) Signature requirements \n(1) In general \nFor purposes of this section, an individual meets the requirements of this subsection as follows: (A) In the case of an individual who has a signature on file with a State agency, including the State motor vehicle authority, that is required to provide voter registration services under this Act or any other law, the individual consents to the transfer of that electronic signature. (B) If subparagraph (A) does not apply, the individual submits with the application an electronic copy of the individual’s handwritten signature through electronic means. (C) If subparagraph (A) and subparagraph (B) do not apply, the individual executes a computerized mark in the signature field on an online voter registration application, in accordance with reasonable security measures established by the State, but only if the State accepts such mark from the individual. (2) Treatment of individuals unable to meet requirement \nIf an individual is unable to meet the requirements under paragraph (1), the State shall— (A) permit the individual to complete all other elements of the online voter registration application; (B) permit the individual to provide a signature at the time the individual requests a ballot in an election (whether the individual requests the ballot at a polling place or requests the ballot by mail); and (C) if the individual carries out the steps described in subparagraphs (A) and (B), ensure that the individual is registered to vote in the State. (3) Notice \nThe State shall ensure that individuals applying to register to vote online are notified of the requirements under paragraph (1) and of the treatment of individuals unable to meet such requirements, as described in paragraph (2). (d) Confirmation and disposition \n(1) Confirmation of receipt \n(A) In general \nUpon the online submission of a completed voter registration application by an individual under this section, the appropriate State or local election official shall provide the individual a notice confirming the State’s receipt of the application and providing instructions on how the individual may check the status of the application. (B) Method of notification \nThe appropriate State or local election official shall provide the notice required under subparagraph (A) though the online submission process and— (i) in the case of an individual who has provided the official with an electronic mail address, by electronic mail; and (ii) at the option of the individual, by text message. (2) Notice of disposition \n(A) In general \nNot later than 7 days after the date on which the appropriate State or local election official approves or rejects an application submitted by an individual under this section, the official shall provide the individual a notice of the disposition of the application. (B) Method of notification \nThe appropriate State or local election official shall provide the notice required under subparagraph (A) by regular mail and— (i) in the case of an individual who has provided the official with an electronic mail address, by electronic mail; and (ii) at the option of the individual, by text message. (e) Provision of services in nonpartisan manner \nThe services made available under subsection (a) shall be provided in a manner that ensures that— (1) the online application does not seek to influence an applicant’s political preference or party registration; and (2) there is no display on the website promoting any political preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party. (f) Protection of security of information \nIn meeting the requirements of this section, the State shall establish appropriate technological security measures to prevent to the greatest extent practicable any unauthorized access to information provided by individuals using the services made available under subsection (a). (g) Accessibility of services \nA State shall ensure that the services made available under this section are made available to individuals with disabilities to the same extent as services are made available to all other individuals. (h) Nondiscrimination among registered voters using mail and online registration \nIn carrying out this Act, the Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq. ), or any other Federal, State, or local law governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the State treats a registered voter who registered to vote by mail.. (b) Special requirements for individuals using online registration \n(1) Treatment as individuals registering to vote by mail for purposes of first-time voter identification requirements \nSection 303(b)(1)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(1)(A) ) is amended by striking by mail and inserting by mail or online under section 6A of the National Voter Registration Act of 1993. (2) Requiring signature for first-time voters in jurisdiction \nSection 303(b) of such Act ( 52 U.S.C. 21083(b) ) is amended— (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following new paragraph: (5) Signature requirements for first-time voters using online registration \n(A) In general \nA State shall, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of subparagraph (B) if— (i) the individual registered to vote in the State online under section 6A of the National Voter Registration Act of 1993; and (ii) the individual has not previously voted in an election for Federal office in the State. (B) Requirements \nAn individual meets the requirements of this subparagraph if— (i) in the case of an individual who votes in person, the individual provides the appropriate State or local election official with a handwritten signature; or (ii) in the case of an individual who votes by mail, the individual submits with the ballot a handwritten signature. (C) Inapplicability \nSubparagraph (A) does not apply in the case of an individual who is— (i) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302 et seq. ); (ii) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(b)(2)(B)(ii) ); or (iii) entitled to vote otherwise than in person under any other Federal law.. (3) Conforming amendment relating to effective date \nSection 303(d)(2)(A) of such Act ( 52 U.S.C. 21083(d)(2)(A) ) is amended by striking Each State and inserting Except as provided in subsection (b)(5), each State. (c) Conforming amendments \n(1) Timing of registration \nSection 8(a)(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(1) ), as amended by section 1002(b)(3), is amended— (A) by striking and at the end of subparagraph (D); (B) by redesignating subparagraph (E) as subparagraph (F); and (C) by inserting after subparagraph (D) the following new subparagraph: (E) in the case of online registration through the official public website of an election official under section 6A, if the valid voter registration application is submitted online not later than the lesser of 28 days, or the period provided by State law, before the date of the election (as determined by treating the date on which the application is sent electronically as the date on which it is submitted); and. (2) Informing applicants of eligibility requirements and penalties \nSection 8(a)(5) of such Act ( 52 U.S.C. 20507(a)(5) ) is amended by striking and 7 and inserting 6A, and 7.", "id": "HBFA7841243564A6DAD1FECF421CBC2A8", "header": "Requiring availability of internet for voter registration", "nested": [ { "text": "(a) Requiring availability of internet for registration \nThe National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ) is amended by inserting after section 6 the following new section: 6A. Internet registration \n(a) Requiring availability of internet for online registration \nEach State, acting through the chief State election official, shall ensure that the following services are available to the public at any time on the official public websites of the appropriate State and local election officials in the State, in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section 7(a): (1) Online application for voter registration. (2) Online assistance to applicants in applying to register to vote. (3) Online completion and submission by applicants of the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature as required under subsection (c). (4) Online receipt of completed voter registration applications. (b) Acceptance of completed applications \nA State shall accept an online voter registration application provided by an individual under this section, and ensure that the individual is registered to vote in the State, if— (1) the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section 6(a)(1) using the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2); and (2) the individual meets the requirements of subsection (c) to provide a signature in electronic form (but only in the case of applications submitted during or after the second year in which this section is in effect in the State). (c) Signature requirements \n(1) In general \nFor purposes of this section, an individual meets the requirements of this subsection as follows: (A) In the case of an individual who has a signature on file with a State agency, including the State motor vehicle authority, that is required to provide voter registration services under this Act or any other law, the individual consents to the transfer of that electronic signature. (B) If subparagraph (A) does not apply, the individual submits with the application an electronic copy of the individual’s handwritten signature through electronic means. (C) If subparagraph (A) and subparagraph (B) do not apply, the individual executes a computerized mark in the signature field on an online voter registration application, in accordance with reasonable security measures established by the State, but only if the State accepts such mark from the individual. (2) Treatment of individuals unable to meet requirement \nIf an individual is unable to meet the requirements under paragraph (1), the State shall— (A) permit the individual to complete all other elements of the online voter registration application; (B) permit the individual to provide a signature at the time the individual requests a ballot in an election (whether the individual requests the ballot at a polling place or requests the ballot by mail); and (C) if the individual carries out the steps described in subparagraphs (A) and (B), ensure that the individual is registered to vote in the State. (3) Notice \nThe State shall ensure that individuals applying to register to vote online are notified of the requirements under paragraph (1) and of the treatment of individuals unable to meet such requirements, as described in paragraph (2). (d) Confirmation and disposition \n(1) Confirmation of receipt \n(A) In general \nUpon the online submission of a completed voter registration application by an individual under this section, the appropriate State or local election official shall provide the individual a notice confirming the State’s receipt of the application and providing instructions on how the individual may check the status of the application. (B) Method of notification \nThe appropriate State or local election official shall provide the notice required under subparagraph (A) though the online submission process and— (i) in the case of an individual who has provided the official with an electronic mail address, by electronic mail; and (ii) at the option of the individual, by text message. (2) Notice of disposition \n(A) In general \nNot later than 7 days after the date on which the appropriate State or local election official approves or rejects an application submitted by an individual under this section, the official shall provide the individual a notice of the disposition of the application. (B) Method of notification \nThe appropriate State or local election official shall provide the notice required under subparagraph (A) by regular mail and— (i) in the case of an individual who has provided the official with an electronic mail address, by electronic mail; and (ii) at the option of the individual, by text message. (e) Provision of services in nonpartisan manner \nThe services made available under subsection (a) shall be provided in a manner that ensures that— (1) the online application does not seek to influence an applicant’s political preference or party registration; and (2) there is no display on the website promoting any political preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party. (f) Protection of security of information \nIn meeting the requirements of this section, the State shall establish appropriate technological security measures to prevent to the greatest extent practicable any unauthorized access to information provided by individuals using the services made available under subsection (a). (g) Accessibility of services \nA State shall ensure that the services made available under this section are made available to individuals with disabilities to the same extent as services are made available to all other individuals. (h) Nondiscrimination among registered voters using mail and online registration \nIn carrying out this Act, the Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq. ), or any other Federal, State, or local law governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the State treats a registered voter who registered to vote by mail..", "id": "H72B6031E06E543F8B7FBC0B15FC9CA44", "header": "Requiring availability of internet for registration", "nested": [], "links": [ { "text": "52 U.S.C. 20501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20501" }, { "text": "52 U.S.C. 20901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20901" } ] }, { "text": "(b) Special requirements for individuals using online registration \n(1) Treatment as individuals registering to vote by mail for purposes of first-time voter identification requirements \nSection 303(b)(1)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(1)(A) ) is amended by striking by mail and inserting by mail or online under section 6A of the National Voter Registration Act of 1993. (2) Requiring signature for first-time voters in jurisdiction \nSection 303(b) of such Act ( 52 U.S.C. 21083(b) ) is amended— (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following new paragraph: (5) Signature requirements for first-time voters using online registration \n(A) In general \nA State shall, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of subparagraph (B) if— (i) the individual registered to vote in the State online under section 6A of the National Voter Registration Act of 1993; and (ii) the individual has not previously voted in an election for Federal office in the State. (B) Requirements \nAn individual meets the requirements of this subparagraph if— (i) in the case of an individual who votes in person, the individual provides the appropriate State or local election official with a handwritten signature; or (ii) in the case of an individual who votes by mail, the individual submits with the ballot a handwritten signature. (C) Inapplicability \nSubparagraph (A) does not apply in the case of an individual who is— (i) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302 et seq. ); (ii) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(b)(2)(B)(ii) ); or (iii) entitled to vote otherwise than in person under any other Federal law.. (3) Conforming amendment relating to effective date \nSection 303(d)(2)(A) of such Act ( 52 U.S.C. 21083(d)(2)(A) ) is amended by striking Each State and inserting Except as provided in subsection (b)(5), each State.", "id": "H684F8B21AAD04CF28498BDAAB86C4C62", "header": "Special requirements for individuals using online registration", "nested": [], "links": [ { "text": "52 U.S.C. 21083(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" }, { "text": "52 U.S.C. 21083(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" }, { "text": "52 U.S.C. 20302 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20302" }, { "text": "52 U.S.C. 20102(b)(2)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/52/20102" }, { "text": "52 U.S.C. 21083(d)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" } ] }, { "text": "(c) Conforming amendments \n(1) Timing of registration \nSection 8(a)(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(1) ), as amended by section 1002(b)(3), is amended— (A) by striking and at the end of subparagraph (D); (B) by redesignating subparagraph (E) as subparagraph (F); and (C) by inserting after subparagraph (D) the following new subparagraph: (E) in the case of online registration through the official public website of an election official under section 6A, if the valid voter registration application is submitted online not later than the lesser of 28 days, or the period provided by State law, before the date of the election (as determined by treating the date on which the application is sent electronically as the date on which it is submitted); and. (2) Informing applicants of eligibility requirements and penalties \nSection 8(a)(5) of such Act ( 52 U.S.C. 20507(a)(5) ) is amended by striking and 7 and inserting 6A, and 7.", "id": "HD08E3FB80F6347E093B80349176A0309", "header": "Conforming amendments", "nested": [], "links": [ { "text": "52 U.S.C. 20507(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" }, { "text": "52 U.S.C. 20507(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" } ] } ], "links": [ { "text": "52 U.S.C. 20501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20501" }, { "text": "52 U.S.C. 20901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20901" }, { "text": "52 U.S.C. 21083(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" }, { "text": "52 U.S.C. 21083(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" }, { "text": "52 U.S.C. 20302 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20302" }, { "text": "52 U.S.C. 20102(b)(2)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/52/20102" }, { "text": "52 U.S.C. 21083(d)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" }, { "text": "52 U.S.C. 20507(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" }, { "text": "52 U.S.C. 20507(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" } ] }, { "text": "6A. Internet registration \n(a) Requiring availability of internet for online registration \nEach State, acting through the chief State election official, shall ensure that the following services are available to the public at any time on the official public websites of the appropriate State and local election officials in the State, in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section 7(a): (1) Online application for voter registration. (2) Online assistance to applicants in applying to register to vote. (3) Online completion and submission by applicants of the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature as required under subsection (c). (4) Online receipt of completed voter registration applications. (b) Acceptance of completed applications \nA State shall accept an online voter registration application provided by an individual under this section, and ensure that the individual is registered to vote in the State, if— (1) the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section 6(a)(1) using the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2); and (2) the individual meets the requirements of subsection (c) to provide a signature in electronic form (but only in the case of applications submitted during or after the second year in which this section is in effect in the State). (c) Signature requirements \n(1) In general \nFor purposes of this section, an individual meets the requirements of this subsection as follows: (A) In the case of an individual who has a signature on file with a State agency, including the State motor vehicle authority, that is required to provide voter registration services under this Act or any other law, the individual consents to the transfer of that electronic signature. (B) If subparagraph (A) does not apply, the individual submits with the application an electronic copy of the individual’s handwritten signature through electronic means. (C) If subparagraph (A) and subparagraph (B) do not apply, the individual executes a computerized mark in the signature field on an online voter registration application, in accordance with reasonable security measures established by the State, but only if the State accepts such mark from the individual. (2) Treatment of individuals unable to meet requirement \nIf an individual is unable to meet the requirements under paragraph (1), the State shall— (A) permit the individual to complete all other elements of the online voter registration application; (B) permit the individual to provide a signature at the time the individual requests a ballot in an election (whether the individual requests the ballot at a polling place or requests the ballot by mail); and (C) if the individual carries out the steps described in subparagraphs (A) and (B), ensure that the individual is registered to vote in the State. (3) Notice \nThe State shall ensure that individuals applying to register to vote online are notified of the requirements under paragraph (1) and of the treatment of individuals unable to meet such requirements, as described in paragraph (2). (d) Confirmation and disposition \n(1) Confirmation of receipt \n(A) In general \nUpon the online submission of a completed voter registration application by an individual under this section, the appropriate State or local election official shall provide the individual a notice confirming the State’s receipt of the application and providing instructions on how the individual may check the status of the application. (B) Method of notification \nThe appropriate State or local election official shall provide the notice required under subparagraph (A) though the online submission process and— (i) in the case of an individual who has provided the official with an electronic mail address, by electronic mail; and (ii) at the option of the individual, by text message. (2) Notice of disposition \n(A) In general \nNot later than 7 days after the date on which the appropriate State or local election official approves or rejects an application submitted by an individual under this section, the official shall provide the individual a notice of the disposition of the application. (B) Method of notification \nThe appropriate State or local election official shall provide the notice required under subparagraph (A) by regular mail and— (i) in the case of an individual who has provided the official with an electronic mail address, by electronic mail; and (ii) at the option of the individual, by text message. (e) Provision of services in nonpartisan manner \nThe services made available under subsection (a) shall be provided in a manner that ensures that— (1) the online application does not seek to influence an applicant’s political preference or party registration; and (2) there is no display on the website promoting any political preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party. (f) Protection of security of information \nIn meeting the requirements of this section, the State shall establish appropriate technological security measures to prevent to the greatest extent practicable any unauthorized access to information provided by individuals using the services made available under subsection (a). (g) Accessibility of services \nA State shall ensure that the services made available under this section are made available to individuals with disabilities to the same extent as services are made available to all other individuals. (h) Nondiscrimination among registered voters using mail and online registration \nIn carrying out this Act, the Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq. ), or any other Federal, State, or local law governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the State treats a registered voter who registered to vote by mail.", "id": "HE9AB6A5C8E314B0180DA9F86E31A9715", "header": "Internet registration", "nested": [ { "text": "(a) Requiring availability of internet for online registration \nEach State, acting through the chief State election official, shall ensure that the following services are available to the public at any time on the official public websites of the appropriate State and local election officials in the State, in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section 7(a): (1) Online application for voter registration. (2) Online assistance to applicants in applying to register to vote. (3) Online completion and submission by applicants of the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature as required under subsection (c). (4) Online receipt of completed voter registration applications.", "id": "H8699F179DAC0406EA4769E393B5F7D9A", "header": "Requiring availability of internet for online registration", "nested": [], "links": [] }, { "text": "(b) Acceptance of completed applications \nA State shall accept an online voter registration application provided by an individual under this section, and ensure that the individual is registered to vote in the State, if— (1) the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section 6(a)(1) using the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2); and (2) the individual meets the requirements of subsection (c) to provide a signature in electronic form (but only in the case of applications submitted during or after the second year in which this section is in effect in the State).", "id": "H3C7ED4E0DB534991AE5BBDC8A8A9A27D", "header": "Acceptance of completed applications", "nested": [], "links": [] }, { "text": "(c) Signature requirements \n(1) In general \nFor purposes of this section, an individual meets the requirements of this subsection as follows: (A) In the case of an individual who has a signature on file with a State agency, including the State motor vehicle authority, that is required to provide voter registration services under this Act or any other law, the individual consents to the transfer of that electronic signature. (B) If subparagraph (A) does not apply, the individual submits with the application an electronic copy of the individual’s handwritten signature through electronic means. (C) If subparagraph (A) and subparagraph (B) do not apply, the individual executes a computerized mark in the signature field on an online voter registration application, in accordance with reasonable security measures established by the State, but only if the State accepts such mark from the individual. (2) Treatment of individuals unable to meet requirement \nIf an individual is unable to meet the requirements under paragraph (1), the State shall— (A) permit the individual to complete all other elements of the online voter registration application; (B) permit the individual to provide a signature at the time the individual requests a ballot in an election (whether the individual requests the ballot at a polling place or requests the ballot by mail); and (C) if the individual carries out the steps described in subparagraphs (A) and (B), ensure that the individual is registered to vote in the State. (3) Notice \nThe State shall ensure that individuals applying to register to vote online are notified of the requirements under paragraph (1) and of the treatment of individuals unable to meet such requirements, as described in paragraph (2).", "id": "H62FC7B069114413E9969AE002C3B821D", "header": "Signature requirements", "nested": [], "links": [] }, { "text": "(d) Confirmation and disposition \n(1) Confirmation of receipt \n(A) In general \nUpon the online submission of a completed voter registration application by an individual under this section, the appropriate State or local election official shall provide the individual a notice confirming the State’s receipt of the application and providing instructions on how the individual may check the status of the application. (B) Method of notification \nThe appropriate State or local election official shall provide the notice required under subparagraph (A) though the online submission process and— (i) in the case of an individual who has provided the official with an electronic mail address, by electronic mail; and (ii) at the option of the individual, by text message. (2) Notice of disposition \n(A) In general \nNot later than 7 days after the date on which the appropriate State or local election official approves or rejects an application submitted by an individual under this section, the official shall provide the individual a notice of the disposition of the application. (B) Method of notification \nThe appropriate State or local election official shall provide the notice required under subparagraph (A) by regular mail and— (i) in the case of an individual who has provided the official with an electronic mail address, by electronic mail; and (ii) at the option of the individual, by text message.", "id": "H946F74F6200F4BEEA6E8DE64199F844F", "header": "Confirmation and disposition", "nested": [], "links": [] }, { "text": "(e) Provision of services in nonpartisan manner \nThe services made available under subsection (a) shall be provided in a manner that ensures that— (1) the online application does not seek to influence an applicant’s political preference or party registration; and (2) there is no display on the website promoting any political preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party.", "id": "HFE087D6DEBC748A0B5D1B5E2593671EC", "header": "Provision of services in nonpartisan manner", "nested": [], "links": [] }, { "text": "(f) Protection of security of information \nIn meeting the requirements of this section, the State shall establish appropriate technological security measures to prevent to the greatest extent practicable any unauthorized access to information provided by individuals using the services made available under subsection (a).", "id": "H5FB3498EFDA5456D8EEF5EE6FC5B187C", "header": "Protection of security of information", "nested": [], "links": [] }, { "text": "(g) Accessibility of services \nA State shall ensure that the services made available under this section are made available to individuals with disabilities to the same extent as services are made available to all other individuals.", "id": "H5A293C9390884B5D94B3C6477C1AC3D6", "header": "Accessibility of services", "nested": [], "links": [] }, { "text": "(h) Nondiscrimination among registered voters using mail and online registration \nIn carrying out this Act, the Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq. ), or any other Federal, State, or local law governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the State treats a registered voter who registered to vote by mail.", "id": "HBD342DB192824FA19FF6F93C3DE4B48A", "header": "Nondiscrimination among registered voters using mail and online registration", "nested": [], "links": [ { "text": "52 U.S.C. 20901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20901" } ] } ], "links": [ { "text": "52 U.S.C. 20901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20901" } ] }, { "text": "1022. Use of internet to update registration information \n(a) In General \n(1) Updates to information contained on computerized statewide voter registration list \nSection 303(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(a) ) is amended by adding at the end the following new paragraph: (6) Use of internet by registered voters to update information \n(A) In general \nThe appropriate State or local election official shall ensure that any registered voter on the computerized list may at any time update the voter’s registration information, including the voter’s address and electronic mail address, online through the official public website of the election official responsible for the maintenance of the list, so long as the voter attests to the contents of the update by providing a signature in electronic form in the same manner required under section 6A(c) of the National Voter Registration Act of 1993. (B) Processing of updated information by election officials \nIf a registered voter updates registration information under subparagraph (A), the appropriate State or local election official shall— (i) revise any information on the computerized list to reflect the update made by the voter; and (ii) if the updated registration information affects the voter’s eligibility to vote in an election for Federal office, ensure that the information is processed with respect to the election if the voter updates the information not later than the lesser of 7 days, or the period provided by State law, before the date of the election. (C) Confirmation and disposition \n(i) Confirmation of receipt \nUpon the online submission of updated registration information by an individual under this paragraph, the appropriate State or local election official shall send the individual a notice confirming the State’s receipt of the updated information and providing instructions on how the individual may check the status of the update. (ii) Notice of disposition \nNot later than 7 days after the appropriate State or local election official has accepted or rejected updated information submitted by an individual under this paragraph, the official shall send the individual a notice of the disposition of the update. (iii) Method of notification \nThe appropriate State or local election official shall send the notices required under this subparagraph by regular mail and— (I) in the case of an individual who has requested that the State provide voter registration and voting information through electronic mail, by electronic mail; and (II) at the option of the individual, by text message.. (2) Conforming amendment relating to effective date \nSection 303(d)(1)(A) of such Act ( 52 U.S.C. 21083(d)(1)(A) ) is amended by striking subparagraph (B) and inserting subparagraph (B) and subsection (a)(6). (b) Ability of registrant To use online update To provide information on residence \nSection 8(d)(2)(A) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(d)(2)(A) ) is amended— (1) in the first sentence, by inserting after return the card the following: or update the registrant’s information on the computerized statewide voter registration list using the online method provided under section 303(a)(6) of the Help America Vote Act of 2002 ; and (2) in the second sentence, by striking returned, and inserting the following: returned or if the registrant does not update the registrant’s information on the computerized statewide voter registration list using such online method,.", "id": "HF44FE345D1FB4E12B25C18CE51C2FB7B", "header": "Use of internet to update registration information", "nested": [ { "text": "(a) In General \n(1) Updates to information contained on computerized statewide voter registration list \nSection 303(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(a) ) is amended by adding at the end the following new paragraph: (6) Use of internet by registered voters to update information \n(A) In general \nThe appropriate State or local election official shall ensure that any registered voter on the computerized list may at any time update the voter’s registration information, including the voter’s address and electronic mail address, online through the official public website of the election official responsible for the maintenance of the list, so long as the voter attests to the contents of the update by providing a signature in electronic form in the same manner required under section 6A(c) of the National Voter Registration Act of 1993. (B) Processing of updated information by election officials \nIf a registered voter updates registration information under subparagraph (A), the appropriate State or local election official shall— (i) revise any information on the computerized list to reflect the update made by the voter; and (ii) if the updated registration information affects the voter’s eligibility to vote in an election for Federal office, ensure that the information is processed with respect to the election if the voter updates the information not later than the lesser of 7 days, or the period provided by State law, before the date of the election. (C) Confirmation and disposition \n(i) Confirmation of receipt \nUpon the online submission of updated registration information by an individual under this paragraph, the appropriate State or local election official shall send the individual a notice confirming the State’s receipt of the updated information and providing instructions on how the individual may check the status of the update. (ii) Notice of disposition \nNot later than 7 days after the appropriate State or local election official has accepted or rejected updated information submitted by an individual under this paragraph, the official shall send the individual a notice of the disposition of the update. (iii) Method of notification \nThe appropriate State or local election official shall send the notices required under this subparagraph by regular mail and— (I) in the case of an individual who has requested that the State provide voter registration and voting information through electronic mail, by electronic mail; and (II) at the option of the individual, by text message.. (2) Conforming amendment relating to effective date \nSection 303(d)(1)(A) of such Act ( 52 U.S.C. 21083(d)(1)(A) ) is amended by striking subparagraph (B) and inserting subparagraph (B) and subsection (a)(6).", "id": "HC2D76B7A81F44CE186AA7A958F02CD4E", "header": "In General", "nested": [], "links": [ { "text": "52 U.S.C. 21083(a)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" }, { "text": "52 U.S.C. 21083(d)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" } ] }, { "text": "(b) Ability of registrant To use online update To provide information on residence \nSection 8(d)(2)(A) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(d)(2)(A) ) is amended— (1) in the first sentence, by inserting after return the card the following: or update the registrant’s information on the computerized statewide voter registration list using the online method provided under section 303(a)(6) of the Help America Vote Act of 2002 ; and (2) in the second sentence, by striking returned, and inserting the following: returned or if the registrant does not update the registrant’s information on the computerized statewide voter registration list using such online method,.", "id": "HE07A639AB76C4D3C90753440F891A328", "header": "Ability of registrant To use online update To provide information on residence", "nested": [], "links": [ { "text": "52 U.S.C. 20507(d)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" } ] } ], "links": [ { "text": "52 U.S.C. 21083(a)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" }, { "text": "52 U.S.C. 21083(d)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" }, { "text": "52 U.S.C. 20507(d)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" } ] }, { "text": "1023. Provision of election information by electronic mail to individuals registered to vote \n(a) Including option on voter registration application To provide Email address and receive information \n(1) In general \nSection 9(b) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20508(b) ) is amended— (A) by striking and at the end of paragraph (3); (B) in paragraph (4)— (i) by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively; and (ii) in subparagraph (C), as so redesignated, by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (5) shall include a space for the applicant to provide (at the applicant’s option) an electronic mail address, together with a statement that, if the applicant so requests, instead of using regular mail the appropriate State and local election officials shall provide to the applicant, through electronic mail sent to that address, the same voting information (as defined in section 302(b)(2) of the Help America Vote Act of 2002) that the officials would provide to the applicant through regular mail.. (2) Prohibiting use for purposes unrelated to official duties of election officials \nSection 9 of such Act ( 52 U.S.C. 20508 ) is amended by adding at the end the following new subsection: (c) Prohibiting use of electronic mail addresses for other than official purposes \nThe chief State election official shall ensure that any electronic mail address provided by an applicant under subsection (b)(5) is used only for purposes of carrying out official duties of election officials and is not transmitted by any State or local election official (or any agent of such an official, including a contractor) to any person who does not require the address to carry out such official duties and who is not under the direct supervision and control of a State or local election official.. (b) Requiring provision of information by election officials \nSection 302(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21082(b) ) is amended by adding at the end the following new paragraph: (3) Provision of other information by electronic mail \nIf an individual who is a registered voter has provided the State or local election official with an electronic mail address for the purpose of receiving voting information (as described in section 9(b)(5) of the National Voter Registration Act of 1993), the appropriate State or local election official, through electronic mail transmitted not later than 7 days before the date of the election for Federal office involved, shall provide the individual with information on how to obtain the following information by electronic means: (A) (i) If the individual is assigned to vote in the election at a specific polling place— (I) the name and address of the polling place; and (II) the hours of operation for the polling place. (ii) If the individual is not assigned to vote in the election at a specific polling place— (I) the name and address of locations at which the individual is eligible to vote; and (II) the hours of operation for those locations. (B) A description of any identification or other information the individual may be required to present at the polling place or a location described in subparagraph (A)(ii)(I) to vote in the election..", "id": "H379B1DCEDD2A491FA72D93246829B865", "header": "Provision of election information by electronic mail to individuals registered to vote", "nested": [ { "text": "(a) Including option on voter registration application To provide Email address and receive information \n(1) In general \nSection 9(b) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20508(b) ) is amended— (A) by striking and at the end of paragraph (3); (B) in paragraph (4)— (i) by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively; and (ii) in subparagraph (C), as so redesignated, by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (5) shall include a space for the applicant to provide (at the applicant’s option) an electronic mail address, together with a statement that, if the applicant so requests, instead of using regular mail the appropriate State and local election officials shall provide to the applicant, through electronic mail sent to that address, the same voting information (as defined in section 302(b)(2) of the Help America Vote Act of 2002) that the officials would provide to the applicant through regular mail.. (2) Prohibiting use for purposes unrelated to official duties of election officials \nSection 9 of such Act ( 52 U.S.C. 20508 ) is amended by adding at the end the following new subsection: (c) Prohibiting use of electronic mail addresses for other than official purposes \nThe chief State election official shall ensure that any electronic mail address provided by an applicant under subsection (b)(5) is used only for purposes of carrying out official duties of election officials and is not transmitted by any State or local election official (or any agent of such an official, including a contractor) to any person who does not require the address to carry out such official duties and who is not under the direct supervision and control of a State or local election official..", "id": "HE5287C68A90C46A49DCBE2F0B08608B0", "header": "Including option on voter registration application To provide Email address and receive information", "nested": [], "links": [ { "text": "52 U.S.C. 20508(b)", "legal-doc": "usc", "parsable-cite": "usc/52/20508" }, { "text": "52 U.S.C. 20508", "legal-doc": "usc", "parsable-cite": "usc/52/20508" } ] }, { "text": "(b) Requiring provision of information by election officials \nSection 302(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21082(b) ) is amended by adding at the end the following new paragraph: (3) Provision of other information by electronic mail \nIf an individual who is a registered voter has provided the State or local election official with an electronic mail address for the purpose of receiving voting information (as described in section 9(b)(5) of the National Voter Registration Act of 1993), the appropriate State or local election official, through electronic mail transmitted not later than 7 days before the date of the election for Federal office involved, shall provide the individual with information on how to obtain the following information by electronic means: (A) (i) If the individual is assigned to vote in the election at a specific polling place— (I) the name and address of the polling place; and (II) the hours of operation for the polling place. (ii) If the individual is not assigned to vote in the election at a specific polling place— (I) the name and address of locations at which the individual is eligible to vote; and (II) the hours of operation for those locations. (B) A description of any identification or other information the individual may be required to present at the polling place or a location described in subparagraph (A)(ii)(I) to vote in the election..", "id": "H5EFF41D03CF94A1B956F78EF05E45DAE", "header": "Requiring provision of information by election officials", "nested": [], "links": [ { "text": "52 U.S.C. 21082(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21082" } ] } ], "links": [ { "text": "52 U.S.C. 20508(b)", "legal-doc": "usc", "parsable-cite": "usc/52/20508" }, { "text": "52 U.S.C. 20508", "legal-doc": "usc", "parsable-cite": "usc/52/20508" }, { "text": "52 U.S.C. 21082(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21082" } ] }, { "text": "1024. Clarification of requirement regarding necessary information to show eligibility to vote \nSection 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 ) is amended— (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: (j) Requirement for State To register applicants providing necessary information To show eligibility To vote \nFor purposes meeting the requirement of subsection (a)(1) that an eligible applicant is registered to vote in an election for Federal office within the deadlines required under such subsection, the State shall consider an applicant to have provided a valid voter registration form if— (1) the applicant has substantially completed the application form and attested to the statement required by section 9(b)(2); and (2) in the case of an applicant who registers to vote online in accordance with section 6A, the applicant provides a signature in accordance with subsection (c) of such section..", "id": "H3E22808FE0F24AC289594BC1BEAF0B3C", "header": "Clarification of requirement regarding necessary information to show eligibility to vote", "nested": [], "links": [ { "text": "52 U.S.C. 20507", "legal-doc": "usc", "parsable-cite": "usc/52/20507" } ] }, { "text": "1025. Prohibiting State from requiring applicants to provide more than last 4 digits of social security number \n(a) Form included with application for motor vehicle driver’s license \nSection 5(c)(2)(B)(ii) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20504(c)(2)(B)(ii) ) is amended by striking the semicolon at the end and inserting the following: , and to the extent that the application requires the applicant to provide a social security number, may not require the applicant to provide more than the last 4 digits of such number;. (b) National mail voter registration form \nSection 9(b)(1) of such Act ( 52 U.S.C. 20508(b)(1) ) is amended by striking the semicolon at the end and inserting the following: , and to the extent that the form requires the applicant to provide a social security number, the form may not require the applicant to provide more than the last 4 digits of such number;.", "id": "H9468395095734A119E0BF9ADD571A554", "header": "Prohibiting State from requiring applicants to provide more than last 4 digits of social security number", "nested": [ { "text": "(a) Form included with application for motor vehicle driver’s license \nSection 5(c)(2)(B)(ii) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20504(c)(2)(B)(ii) ) is amended by striking the semicolon at the end and inserting the following: , and to the extent that the application requires the applicant to provide a social security number, may not require the applicant to provide more than the last 4 digits of such number;.", "id": "HC26692F0C5D2406DABCD002424FF9EEB", "header": "Form included with application for motor vehicle driver’s license", "nested": [], "links": [ { "text": "52 U.S.C. 20504(c)(2)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/52/20504" } ] }, { "text": "(b) National mail voter registration form \nSection 9(b)(1) of such Act ( 52 U.S.C. 20508(b)(1) ) is amended by striking the semicolon at the end and inserting the following: , and to the extent that the form requires the applicant to provide a social security number, the form may not require the applicant to provide more than the last 4 digits of such number;.", "id": "H43A418AE9F4A476C9D1DCFBBA1109644", "header": "National mail voter registration form", "nested": [], "links": [ { "text": "52 U.S.C. 20508(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/20508" } ] } ], "links": [ { "text": "52 U.S.C. 20504(c)(2)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/52/20504" }, { "text": "52 U.S.C. 20508(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/20508" } ] }, { "text": "1026. Application of rules to certain exempt States \nSection 4 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20503 ) is amended by adding at the end the following new subsection: (c) Application of internet voter registration rules \nNotwithstanding subsection (b), the following provisions shall apply to a State described in paragraph (2) thereof: (1) Section 6A (as added by section 1021(a) of the Voter Registration Modernization Act of 2023). (2) Section 8(a)(1)(E) (as added by section 1021(c)(1) of the Voter Registration Modernization Act of 2023). (3) Section 8(a)(5) (as amended by section 1021(c)(2) of Voter Registration Modernization Act of 2023), but only to the extent such provision relates to section 6A. (4) Section 8(j) (as added by section 1024 of the Voter Registration Modernization Act of 2023), but only to the extent such provision relates to section 6A..", "id": "H4C960D621C684A039BE7BD55A533875D", "header": "Application of rules to certain exempt States", "nested": [], "links": [ { "text": "52 U.S.C. 20503", "legal-doc": "usc", "parsable-cite": "usc/52/20503" } ] }, { "text": "1027. Report on data collection relating to online voter registration systems \nNot later than 1 year after the date of enactment of this Act, the Attorney General shall submit to Congress a report on local, State, and Federal personally identifiable information data collections efforts related to online voter registration systems, the cybersecurity resources necessary to defend such efforts from online attacks, and the impact of a potential data breach of local, State, or Federal online voter registration systems.", "id": "HF6FE305B33B14F5C9CF66D4DB67340C7", "header": "Report on data collection relating to online voter registration systems", "nested": [], "links": [] }, { "text": "1028. Permitting voter registration application form to serve as application for absentee ballot \nSection 5(c) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20504(c) ) is amended— (1) in paragraph (2)— (A) by striking and at the end of subparagraph (D); (B) by striking the period at the end of subparagraph (E) and inserting ; and ; and (C) by adding at the end the following new subparagraph: (F) at the option of the applicant, shall serve as an application to vote by absentee ballot in the next election for Federal office held in the State and in each subsequent election for Federal office held in the State. ; and (2) by adding at the end the following new paragraph: (3) (A) In the case of an individual who is treated as having applied for an absentee ballot in the next election for Federal office held in the State and in each subsequent election for Federal office held in the State under paragraph (2)(F), such treatment shall remain effective until the earlier of such time as— (i) the individual is no longer registered to vote in the State; or (ii) the individual provides an affirmative written notice revoking such treatment. (B) The treatment of an individual as having applied for an absentee ballot in the next election for Federal office held in the State and in each subsequent election for Federal office held in the State under paragraph (2)(F) shall not be revoked on the basis that the individual has not voted in an election.", "id": "H89D35EAE99DF42EA893C57F9FF7FA01B", "header": "Permitting voter registration application form to serve as application for absentee ballot", "nested": [], "links": [ { "text": "52 U.S.C. 20504(c)", "legal-doc": "usc", "parsable-cite": "usc/52/20504" } ] }, { "text": "1029. Effective date \n(a) In General \nExcept as provided in subsection (b), the amendments made by this part (other than the amendments made by section 1024) shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office. (b) Waiver \nIf a State certifies to the Election Assistance Commission not later than 180 days after the date of enactment of this Act that the State will not meet the deadline described in subsection (a) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subsection (a) shall apply to the State as if the reference in such subsection to the regularly scheduled general election for Federal office held in November 2024 were a reference to January 1, 2026.", "id": "H93AD38F91FC74450870FF8BAA9E80F90", "header": "Effective date", "nested": [ { "text": "(a) In General \nExcept as provided in subsection (b), the amendments made by this part (other than the amendments made by section 1024) shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office.", "id": "H18089ECD2C074D7AB70C5E42B117D3B3", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Waiver \nIf a State certifies to the Election Assistance Commission not later than 180 days after the date of enactment of this Act that the State will not meet the deadline described in subsection (a) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subsection (a) shall apply to the State as if the reference in such subsection to the regularly scheduled general election for Federal office held in November 2024 were a reference to January 1, 2026.", "id": "HB9905CD757454719926BF69D91BB0888", "header": "Waiver", "nested": [], "links": [] } ], "links": [] }, { "text": "1031. Same-day registration \n(a) In general \nTitle III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended— (1) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (2) by inserting after section 303 the following new section: 304. Same-day registration \n(a) In general \n(1) Registration \nEach State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election— (A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual’s voter registration information); and (B) to cast a vote in such election. (2) Exception \nThe requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. (b) Eligible individual \nFor purposes of this section, the term eligible individual means, with respect to any election for Federal office, an individual who is otherwise qualified to vote in that election. (c) Ensuring availability of forms \nThe State shall ensure that each polling place has copies of any forms an individual may be required to complete in order to register to vote or revise the individual’s voter registration information under this section. (d) Effective date \n(1) In general \nSubject to paragraph (2), each State shall be required to comply with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2024 and for any subsequent election for Federal office. (2) Special rules for elections before November 2026 \n(A) Elections prior to November 2026 general election \nA State shall be deemed to be in compliance with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2024 and subsequent elections for Federal office occurring before the regularly scheduled general election for Federal office in November 2026 if at least 1 location for each 15,000 registered voters in each jurisdiction in the State meets such requirements, and such location is reasonably located to serve voting populations equitably across the jurisdiction. (B) November 2026 general election \nIf a State certifies to the Election Assistance Commission not later than November 3, 2026, that the State will not be in compliance with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2026 because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such requirements, the State shall be deemed to be in compliance with the requirements of this section for such election if at least one location for each 15,000 registered voters in each jurisdiction in the State meets such requirements, and such location is reasonably located to serve voting populations equitably across the jurisdiction.. (b) Conforming amendment relating to enforcement \nSection 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking sections 301, 302, and 303 and inserting subtitle A of title III. (c) Clerical amendments \nThe table of contents of such Act is amended— (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (2) by inserting after the item relating to section 303 the following new item: Sec. 304. Same-day registration..", "id": "HD084A15255F349949A5BC36B70346ECF", "header": "Same-day registration", "nested": [ { "text": "(a) In general \nTitle III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended— (1) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (2) by inserting after section 303 the following new section: 304. Same-day registration \n(a) In general \n(1) Registration \nEach State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election— (A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual’s voter registration information); and (B) to cast a vote in such election. (2) Exception \nThe requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. (b) Eligible individual \nFor purposes of this section, the term eligible individual means, with respect to any election for Federal office, an individual who is otherwise qualified to vote in that election. (c) Ensuring availability of forms \nThe State shall ensure that each polling place has copies of any forms an individual may be required to complete in order to register to vote or revise the individual’s voter registration information under this section. (d) Effective date \n(1) In general \nSubject to paragraph (2), each State shall be required to comply with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2024 and for any subsequent election for Federal office. (2) Special rules for elections before November 2026 \n(A) Elections prior to November 2026 general election \nA State shall be deemed to be in compliance with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2024 and subsequent elections for Federal office occurring before the regularly scheduled general election for Federal office in November 2026 if at least 1 location for each 15,000 registered voters in each jurisdiction in the State meets such requirements, and such location is reasonably located to serve voting populations equitably across the jurisdiction. (B) November 2026 general election \nIf a State certifies to the Election Assistance Commission not later than November 3, 2026, that the State will not be in compliance with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2026 because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such requirements, the State shall be deemed to be in compliance with the requirements of this section for such election if at least one location for each 15,000 registered voters in each jurisdiction in the State meets such requirements, and such location is reasonably located to serve voting populations equitably across the jurisdiction..", "id": "H7CAB7C8959D0488A82C02432194DA593", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "(b) Conforming amendment relating to enforcement \nSection 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking sections 301, 302, and 303 and inserting subtitle A of title III.", "id": "H2AEAE6EA58474F99A15B3B6641C329FC", "header": "Conforming amendment relating to enforcement", "nested": [], "links": [ { "text": "52 U.S.C. 21111", "legal-doc": "usc", "parsable-cite": "usc/52/21111" } ] }, { "text": "(c) Clerical amendments \nThe table of contents of such Act is amended— (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (2) by inserting after the item relating to section 303 the following new item: Sec. 304. Same-day registration..", "id": "HF4CD229C697E42EF9026AC14D933522C", "header": "Clerical amendments", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 21111", "legal-doc": "usc", "parsable-cite": "usc/52/21111" } ] }, { "text": "304. Same-day registration \n(a) In general \n(1) Registration \nEach State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election— (A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual’s voter registration information); and (B) to cast a vote in such election. (2) Exception \nThe requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. (b) Eligible individual \nFor purposes of this section, the term eligible individual means, with respect to any election for Federal office, an individual who is otherwise qualified to vote in that election. (c) Ensuring availability of forms \nThe State shall ensure that each polling place has copies of any forms an individual may be required to complete in order to register to vote or revise the individual’s voter registration information under this section. (d) Effective date \n(1) In general \nSubject to paragraph (2), each State shall be required to comply with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2024 and for any subsequent election for Federal office. (2) Special rules for elections before November 2026 \n(A) Elections prior to November 2026 general election \nA State shall be deemed to be in compliance with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2024 and subsequent elections for Federal office occurring before the regularly scheduled general election for Federal office in November 2026 if at least 1 location for each 15,000 registered voters in each jurisdiction in the State meets such requirements, and such location is reasonably located to serve voting populations equitably across the jurisdiction. (B) November 2026 general election \nIf a State certifies to the Election Assistance Commission not later than November 3, 2026, that the State will not be in compliance with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2026 because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such requirements, the State shall be deemed to be in compliance with the requirements of this section for such election if at least one location for each 15,000 registered voters in each jurisdiction in the State meets such requirements, and such location is reasonably located to serve voting populations equitably across the jurisdiction.", "id": "H10045E25C2FA41C89189E4D687763BE9", "header": "Same-day registration", "nested": [ { "text": "(a) In general \n(1) Registration \nEach State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election— (A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual’s voter registration information); and (B) to cast a vote in such election. (2) Exception \nThe requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office.", "id": "HCD6E31BACD8542729ADEC596CA30465F", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Eligible individual \nFor purposes of this section, the term eligible individual means, with respect to any election for Federal office, an individual who is otherwise qualified to vote in that election.", "id": "H344B84F4CF884AFE85C1647885A26ABA", "header": "Eligible individual", "nested": [], "links": [] }, { "text": "(c) Ensuring availability of forms \nThe State shall ensure that each polling place has copies of any forms an individual may be required to complete in order to register to vote or revise the individual’s voter registration information under this section.", "id": "H03B783AD90974198B19CA0E39ACA9D47", "header": "Ensuring availability of forms", "nested": [], "links": [] }, { "text": "(d) Effective date \n(1) In general \nSubject to paragraph (2), each State shall be required to comply with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2024 and for any subsequent election for Federal office. (2) Special rules for elections before November 2026 \n(A) Elections prior to November 2026 general election \nA State shall be deemed to be in compliance with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2024 and subsequent elections for Federal office occurring before the regularly scheduled general election for Federal office in November 2026 if at least 1 location for each 15,000 registered voters in each jurisdiction in the State meets such requirements, and such location is reasonably located to serve voting populations equitably across the jurisdiction. (B) November 2026 general election \nIf a State certifies to the Election Assistance Commission not later than November 3, 2026, that the State will not be in compliance with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2026 because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such requirements, the State shall be deemed to be in compliance with the requirements of this section for such election if at least one location for each 15,000 registered voters in each jurisdiction in the State meets such requirements, and such location is reasonably located to serve voting populations equitably across the jurisdiction.", "id": "HE898321355804C78BCFC1F43C971FB36", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "1032. Ensuring pre-election registration deadlines are consistent with timing of legal public holidays \n(a) In general \nSection 8(a)(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(1) ) is amended by striking 30 days each place it appears and inserting 28 days. (b) Effective date \nThe amendment made by subsection (a) shall apply with respect to elections held in 2024 or any succeeding year.", "id": "HA0E72D26F78A4C5C9599AE402D06BDA8", "header": "Ensuring pre-election registration deadlines are consistent with timing of legal public holidays", "nested": [ { "text": "(a) In general \nSection 8(a)(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(1) ) is amended by striking 30 days each place it appears and inserting 28 days.", "id": "H78605896258A426B910FC3919714F646", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 20507(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply with respect to elections held in 2024 or any succeeding year.", "id": "HD11B64A7EAB442659B9263263455F974", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 20507(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" } ] }, { "text": "1041. Authorizing the dissemination of voter registration information displays following naturalization ceremonies \n(a) Authorization \nThe Secretary of Homeland Security shall establish a process for authorizing the chief State election official of a State to disseminate voter registration information at the conclusion of any naturalization ceremony conducted by the Department of Homeland Security, its constituent agencies, or the Federal judiciary. (b) No effect on other authority \nNothing in this section shall be construed to imply that a Federal agency cannot provide voter registration services beyond those minimally required herein, or to imply that agencies not named may not distribute voter registration information or provide voter registration services up to the limits of their statutory and funding authority. (c) Designated voter registration agencies \nIn any State or other location in which a Federal agency is designated as a voter registration agency under section 7(a)(3)(B)(ii) of the National Voter Registration Act, the voter registration responsibilities incurred through such designation shall supersede the requirements described in this section.", "id": "H47CF7B15AF4148D4839B65DB8855DA47", "header": "Authorizing the dissemination of voter registration information displays following naturalization ceremonies", "nested": [ { "text": "(a) Authorization \nThe Secretary of Homeland Security shall establish a process for authorizing the chief State election official of a State to disseminate voter registration information at the conclusion of any naturalization ceremony conducted by the Department of Homeland Security, its constituent agencies, or the Federal judiciary.", "id": "HFBB00D9973194D41822147E858A2D455", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) No effect on other authority \nNothing in this section shall be construed to imply that a Federal agency cannot provide voter registration services beyond those minimally required herein, or to imply that agencies not named may not distribute voter registration information or provide voter registration services up to the limits of their statutory and funding authority.", "id": "HA6FB7934B3BA46B99BAECC47E5EB6AFA", "header": "No effect on other authority", "nested": [], "links": [] }, { "text": "(c) Designated voter registration agencies \nIn any State or other location in which a Federal agency is designated as a voter registration agency under section 7(a)(3)(B)(ii) of the National Voter Registration Act, the voter registration responsibilities incurred through such designation shall supersede the requirements described in this section.", "id": "HD38293CA827346D8A047C93D2B350669", "header": "Designated voter registration agencies", "nested": [], "links": [] } ], "links": [] }, { "text": "1042. Inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage applications \n(a) Definitions \nIn this section: (1) Bureau \nThe term Bureau means the Bureau of Consumer Financial Protection. (2) Director \nThe term Director means the Director of the Bureau. (3) Federal rental assistance \nThe term Federal rental assistance means rental assistance provided under— (A) any covered housing program, as defined in section 41411(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491(a) ); (B) title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ), including voucher assistance under section 542 of such title ( 42 U.S.C. 1490r ); (C) the Housing Trust Fund program under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4588 ); or (D) subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ). (4) Federally backed multifamily mortgage loan \nThe term federally backed multifamily mortgage loan includes any loan (other than temporary financing such as a construction loan) that— (A) is secured by a first or subordinate lien on residential multifamily real property designed principally for the occupancy of 5 or more families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by the same property; and (B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association. (5) Owner \nThe term owner has the meaning given the term in section 8(f) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(f) ). (6) Public housing; public housing agency \nThe terms public housing and public housing agency have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (7) Residential mortgage loan \nThe term residential mortgage loan includes any loan that is secured by a first or subordinate lien on residential real property, including individual units of condominiums and cooperatives, designed principally for the occupancy of from 1 to 4 families. (b) Uniform statement \n(1) Development \nThe Director, after consultation with the Election Assistance Commission, shall develop a uniform statement designed to provide recipients of the statement pursuant to this section with information on how the recipient can register to vote and the voting rights of the recipient under law. (2) Responsibilities \nIn developing the uniform statement, the Director shall be responsible for— (A) establishing the format of the statement; (B) consumer research and testing of the statement; and (C) consulting with and obtaining from the Election Assistance Commission the content regarding voter rights and registration issues needed to ensure the statement complies with the requirements of paragraph (1). (3) Languages \n(A) In general \nThe uniform statement required under paragraph (1) shall be developed and made available in English and in each of the 10 languages most commonly spoken by individuals with limited English proficiency, as determined by the Director using information published by the Director of the Bureau of the Census. (B) Publication \nThe Director shall make all translated versions of the uniform statement required under paragraph (1) publicly available in a centralized location on the website of the Bureau. (c) Leases and vouchers for Federally assisted rental housing \nEach Federal agency administering a Federal rental assistance program shall require— (1) each public housing agency to provide a copy of the uniform statement developed pursuant to subsection (b) to each lessee of a dwelling unit in public housing administered by the agency— (A) together with the lease for the dwelling unit, at the same time the lease is signed by the lessee; and (B) together with any income verification form, at the same time the form is provided to the lessee; (2) each public housing agency that administers rental assistance under the Housing Choice Voucher program under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), including the program under paragraph (13) of such section 8(o), to provide a copy of the uniform statement developed pursuant to subsection (b) to each assisted family or individual— (A) together with the voucher for the assistance, at the time the voucher is issued for the family or individual; and (B) together with any income verification form, at the time the voucher is provided to the applicant or assisted family or individual; and (3) each owner of a dwelling unit assisted with Federal rental assistance to provide a copy of the uniform statement developed pursuant to subsection (b) to the lessee of the dwelling unit— (A) together with the lease for such dwelling unit, at the same time the lease is signed by the lessee; and (B) together with any income verification form, at the same time the form is provided to the applicant or tenant. (d) Applications for residential mortgage loans \nThe Director shall require each creditor (within the meaning of such term as used in section 1026.2(a)(17) of title 12, Code of Federal Regulations) that receives an application (within the meaning of such term as used in section 1026.2(a)(3)(ii) of title 12, Code of Federal Regulations) to provide a copy of the uniform statement developed pursuant to subsection (b) in written form to the applicant for the residential mortgage loan not later than 5 business days after the date of the application. (e) Federally backed multifamily mortgage loans \nThe head of the Federal agency insuring, guaranteeing, supplementing, or assisting a federally backed multifamily mortgage loan, or the Director of the Federal Housing Finance Agency in the case of a federally backed multifamily mortgage loan that is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association, shall require the owner of the property secured by the federally backed multifamily mortgage loan to provide a copy of the uniform statement developed pursuant to subsection (b) in written form to each lessee of a dwelling unit assisted by that loan at the time the lease is signed by the lessee. (f) Optional completion of voter registration \nNothing in this section may be construed to require any individual to complete a voter registration form. (g) Regulations \nThe head of a Federal agency administering a Federal rental assistance program, the head of the Federal agency insuring, guaranteeing, supplementing, or assisting a federally backed multifamily mortgage loan, the Director of the Federal Housing Finance Agency, and the Director may issue such regulations as may be necessary to carry out this section. (h) No effect on other authority \nNothing in this section shall be construed to imply that a Federal agency cannot provide voter registration services beyond those minimally required herein, or to imply that agencies not named may not distribute voter registration information or provide voter registration services up to the limits of their statutory and funding authority. (i) Designated voter registration agencies \nIn any State or other location in which a Federal agency is designated as a voter registration agency under section 7(a)(3)(B)(ii) of the National Voter Registration Act, the voter registration responsibilities incurred through such designation shall supersede the requirements described in this section.", "id": "H18610B0415D04A49A3782A404C98A2EF", "header": "Inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage applications", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Bureau \nThe term Bureau means the Bureau of Consumer Financial Protection. (2) Director \nThe term Director means the Director of the Bureau. (3) Federal rental assistance \nThe term Federal rental assistance means rental assistance provided under— (A) any covered housing program, as defined in section 41411(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491(a) ); (B) title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ), including voucher assistance under section 542 of such title ( 42 U.S.C. 1490r ); (C) the Housing Trust Fund program under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4588 ); or (D) subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ). (4) Federally backed multifamily mortgage loan \nThe term federally backed multifamily mortgage loan includes any loan (other than temporary financing such as a construction loan) that— (A) is secured by a first or subordinate lien on residential multifamily real property designed principally for the occupancy of 5 or more families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by the same property; and (B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association. (5) Owner \nThe term owner has the meaning given the term in section 8(f) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(f) ). (6) Public housing; public housing agency \nThe terms public housing and public housing agency have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (7) Residential mortgage loan \nThe term residential mortgage loan includes any loan that is secured by a first or subordinate lien on residential real property, including individual units of condominiums and cooperatives, designed principally for the occupancy of from 1 to 4 families.", "id": "H58A7399B3525405E9334ACF3C5CAAFB4", "header": "Definitions", "nested": [], "links": [ { "text": "34 U.S.C. 12491(a)", "legal-doc": "usc", "parsable-cite": "usc/34/12491" }, { "text": "42 U.S.C. 1471 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1471" }, { "text": "42 U.S.C. 1490r", "legal-doc": "usc", "parsable-cite": "usc/42/1490r" }, { "text": "12 U.S.C. 4588", "legal-doc": "usc", "parsable-cite": "usc/12/4588" }, { "text": "42 U.S.C. 11381 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/11381" }, { "text": "42 U.S.C. 1437f(f)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "42 U.S.C. 1437a(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1437a" } ] }, { "text": "(b) Uniform statement \n(1) Development \nThe Director, after consultation with the Election Assistance Commission, shall develop a uniform statement designed to provide recipients of the statement pursuant to this section with information on how the recipient can register to vote and the voting rights of the recipient under law. (2) Responsibilities \nIn developing the uniform statement, the Director shall be responsible for— (A) establishing the format of the statement; (B) consumer research and testing of the statement; and (C) consulting with and obtaining from the Election Assistance Commission the content regarding voter rights and registration issues needed to ensure the statement complies with the requirements of paragraph (1). (3) Languages \n(A) In general \nThe uniform statement required under paragraph (1) shall be developed and made available in English and in each of the 10 languages most commonly spoken by individuals with limited English proficiency, as determined by the Director using information published by the Director of the Bureau of the Census. (B) Publication \nThe Director shall make all translated versions of the uniform statement required under paragraph (1) publicly available in a centralized location on the website of the Bureau.", "id": "HFCDDFFE59F1F4695A40BFE5BA9475F89", "header": "Uniform statement", "nested": [], "links": [] }, { "text": "(c) Leases and vouchers for Federally assisted rental housing \nEach Federal agency administering a Federal rental assistance program shall require— (1) each public housing agency to provide a copy of the uniform statement developed pursuant to subsection (b) to each lessee of a dwelling unit in public housing administered by the agency— (A) together with the lease for the dwelling unit, at the same time the lease is signed by the lessee; and (B) together with any income verification form, at the same time the form is provided to the lessee; (2) each public housing agency that administers rental assistance under the Housing Choice Voucher program under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), including the program under paragraph (13) of such section 8(o), to provide a copy of the uniform statement developed pursuant to subsection (b) to each assisted family or individual— (A) together with the voucher for the assistance, at the time the voucher is issued for the family or individual; and (B) together with any income verification form, at the time the voucher is provided to the applicant or assisted family or individual; and (3) each owner of a dwelling unit assisted with Federal rental assistance to provide a copy of the uniform statement developed pursuant to subsection (b) to the lessee of the dwelling unit— (A) together with the lease for such dwelling unit, at the same time the lease is signed by the lessee; and (B) together with any income verification form, at the same time the form is provided to the applicant or tenant.", "id": "HA1A1272BFAFE42489BA608EAA384CBBD", "header": "Leases and vouchers for Federally assisted rental housing", "nested": [], "links": [ { "text": "42 U.S.C. 1437f(o)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" } ] }, { "text": "(d) Applications for residential mortgage loans \nThe Director shall require each creditor (within the meaning of such term as used in section 1026.2(a)(17) of title 12, Code of Federal Regulations) that receives an application (within the meaning of such term as used in section 1026.2(a)(3)(ii) of title 12, Code of Federal Regulations) to provide a copy of the uniform statement developed pursuant to subsection (b) in written form to the applicant for the residential mortgage loan not later than 5 business days after the date of the application.", "id": "H75860F085FEB43B3A923E0B4E9599301", "header": "Applications for residential mortgage loans", "nested": [], "links": [] }, { "text": "(e) Federally backed multifamily mortgage loans \nThe head of the Federal agency insuring, guaranteeing, supplementing, or assisting a federally backed multifamily mortgage loan, or the Director of the Federal Housing Finance Agency in the case of a federally backed multifamily mortgage loan that is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association, shall require the owner of the property secured by the federally backed multifamily mortgage loan to provide a copy of the uniform statement developed pursuant to subsection (b) in written form to each lessee of a dwelling unit assisted by that loan at the time the lease is signed by the lessee.", "id": "H96EACEC85F1947B097E8B2946BAFDD95", "header": "Federally backed multifamily mortgage loans", "nested": [], "links": [] }, { "text": "(f) Optional completion of voter registration \nNothing in this section may be construed to require any individual to complete a voter registration form.", "id": "H8379C4B51D8F4022847D28BF4C84EDAF", "header": "Optional completion of voter registration", "nested": [], "links": [] }, { "text": "(g) Regulations \nThe head of a Federal agency administering a Federal rental assistance program, the head of the Federal agency insuring, guaranteeing, supplementing, or assisting a federally backed multifamily mortgage loan, the Director of the Federal Housing Finance Agency, and the Director may issue such regulations as may be necessary to carry out this section.", "id": "HA620FCFD23E44DBEBDF29B837F046D6B", "header": "Regulations", "nested": [], "links": [] }, { "text": "(h) No effect on other authority \nNothing in this section shall be construed to imply that a Federal agency cannot provide voter registration services beyond those minimally required herein, or to imply that agencies not named may not distribute voter registration information or provide voter registration services up to the limits of their statutory and funding authority.", "id": "HF9D144E3C44743868C0D45B306E5B1A5", "header": "No effect on other authority", "nested": [], "links": [] }, { "text": "(i) Designated voter registration agencies \nIn any State or other location in which a Federal agency is designated as a voter registration agency under section 7(a)(3)(B)(ii) of the National Voter Registration Act, the voter registration responsibilities incurred through such designation shall supersede the requirements described in this section.", "id": "HB62F8A8899CD41BD866769BFC837E1FE", "header": "Designated voter registration agencies", "nested": [], "links": [] } ], "links": [ { "text": "34 U.S.C. 12491(a)", "legal-doc": "usc", "parsable-cite": "usc/34/12491" }, { "text": "42 U.S.C. 1471 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1471" }, { "text": "42 U.S.C. 1490r", "legal-doc": "usc", "parsable-cite": "usc/42/1490r" }, { "text": "12 U.S.C. 4588", "legal-doc": "usc", "parsable-cite": "usc/12/4588" }, { "text": "42 U.S.C. 11381 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/11381" }, { "text": "42 U.S.C. 1437f(f)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "42 U.S.C. 1437a(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1437a" }, { "text": "42 U.S.C. 1437f(o)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" } ] }, { "text": "1043. Acceptance of voter registration applications from individuals under 18 years of age \n(a) Acceptance of applications \nSection 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 ), as amended by section 1024, is amended— (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: (k) Acceptance of applications from individuals under 18 years of age \n(1) In general \nA State may not refuse to accept or process an individual’s application to register to vote in elections for Federal office on the grounds that the individual is under 18 years of age at the time the individual submits the application, so long as the individual is at least 16 years of age at such time. (2) No effect on State voting age requirements \nNothing in paragraph (1) may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election.. (b) Effective date \nThe amendment made by subsection (a) shall apply with respect to elections occurring on or after January 1, 2024.", "id": "H4B090D91433B458598A1B13FB16AA152", "header": "Acceptance of voter registration applications from individuals under 18 years of age", "nested": [ { "text": "(a) Acceptance of applications \nSection 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 ), as amended by section 1024, is amended— (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: (k) Acceptance of applications from individuals under 18 years of age \n(1) In general \nA State may not refuse to accept or process an individual’s application to register to vote in elections for Federal office on the grounds that the individual is under 18 years of age at the time the individual submits the application, so long as the individual is at least 16 years of age at such time. (2) No effect on State voting age requirements \nNothing in paragraph (1) may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election..", "id": "H33C0F97C508740E191FE4896F37E4D66", "header": "Acceptance of applications", "nested": [], "links": [ { "text": "52 U.S.C. 20507", "legal-doc": "usc", "parsable-cite": "usc/52/20507" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply with respect to elections occurring on or after January 1, 2024.", "id": "H186D5C56542644E2A3FF0709918CB787", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 20507", "legal-doc": "usc", "parsable-cite": "usc/52/20507" } ] }, { "text": "1044. Requiring States to establish and operate voter privacy programs \n(a) In general \nTitle III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), is amended— (1) by redesignating sections 305 and 306 as sections 306 and 307, respectively; and (2) by inserting after section 304 the following new section: 305. Voter privacy programs \n(a) In general \nEach State shall establish and operate a privacy program to enable victims of domestic violence, dating violence, stalking, sexual assault, and trafficking to have personally identifiable information that State or local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, including addresses, be kept confidential. (b) Notice \nEach State shall notify residents of that State of the information that State and local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, how that information is shared or sold and with whom, what information is automatically kept confidential, what information is needed to access voter information online, and the privacy programs that are available. (c) Public availability \nEach State shall make information about the program established under subsection (a) available on a publicly accessible website. (d) Definitions \nIn this section: (1) The terms dating violence , domestic violence , sexual assault , and stalking have the meanings given those terms in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 ). (2) The term trafficking means an act or practice described in paragraph (11) or (12) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (e) Effective date \nEach State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2025.. (b) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), is amended— (1) by redesignating the items relating to sections 305 and 306 as relating to sections 306 and 307, respectively; and (2) by inserting after the item relating to section 304 the following new item: Sec. 305. Voter privacy programs..", "id": "H5397198860044BD39E366E1410239BDF", "header": "Requiring States to establish and operate voter privacy programs", "nested": [ { "text": "(a) In general \nTitle III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), is amended— (1) by redesignating sections 305 and 306 as sections 306 and 307, respectively; and (2) by inserting after section 304 the following new section: 305. Voter privacy programs \n(a) In general \nEach State shall establish and operate a privacy program to enable victims of domestic violence, dating violence, stalking, sexual assault, and trafficking to have personally identifiable information that State or local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, including addresses, be kept confidential. (b) Notice \nEach State shall notify residents of that State of the information that State and local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, how that information is shared or sold and with whom, what information is automatically kept confidential, what information is needed to access voter information online, and the privacy programs that are available. (c) Public availability \nEach State shall make information about the program established under subsection (a) available on a publicly accessible website. (d) Definitions \nIn this section: (1) The terms dating violence , domestic violence , sexual assault , and stalking have the meanings given those terms in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 ). (2) The term trafficking means an act or practice described in paragraph (11) or (12) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (e) Effective date \nEach State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2025..", "id": "H133A8A1D74534A8BAD988224AC988632", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "34 U.S.C. 12291", "legal-doc": "usc", "parsable-cite": "usc/34/12291" }, { "text": "22 U.S.C. 7102", "legal-doc": "usc", "parsable-cite": "usc/22/7102" } ] }, { "text": "(b) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), is amended— (1) by redesignating the items relating to sections 305 and 306 as relating to sections 306 and 307, respectively; and (2) by inserting after the item relating to section 304 the following new item: Sec. 305. Voter privacy programs..", "id": "HD2BB6DA00144462BBA2689BEC3DBD9D1", "header": "Clerical amendments", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "34 U.S.C. 12291", "legal-doc": "usc", "parsable-cite": "usc/34/12291" }, { "text": "22 U.S.C. 7102", "legal-doc": "usc", "parsable-cite": "usc/22/7102" } ] }, { "text": "305. Voter privacy programs \n(a) In general \nEach State shall establish and operate a privacy program to enable victims of domestic violence, dating violence, stalking, sexual assault, and trafficking to have personally identifiable information that State or local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, including addresses, be kept confidential. (b) Notice \nEach State shall notify residents of that State of the information that State and local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, how that information is shared or sold and with whom, what information is automatically kept confidential, what information is needed to access voter information online, and the privacy programs that are available. (c) Public availability \nEach State shall make information about the program established under subsection (a) available on a publicly accessible website. (d) Definitions \nIn this section: (1) The terms dating violence , domestic violence , sexual assault , and stalking have the meanings given those terms in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 ). (2) The term trafficking means an act or practice described in paragraph (11) or (12) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (e) Effective date \nEach State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2025.", "id": "HC3D5386197D04DB385621DE0396A2333", "header": "Voter privacy programs", "nested": [ { "text": "(a) In general \nEach State shall establish and operate a privacy program to enable victims of domestic violence, dating violence, stalking, sexual assault, and trafficking to have personally identifiable information that State or local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, including addresses, be kept confidential.", "id": "HC2C1737B6A8040F8A5FEAA1891E5C310", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Notice \nEach State shall notify residents of that State of the information that State and local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, how that information is shared or sold and with whom, what information is automatically kept confidential, what information is needed to access voter information online, and the privacy programs that are available.", "id": "HE35BB94A11F74B529EBA329848E71F38", "header": "Notice", "nested": [], "links": [] }, { "text": "(c) Public availability \nEach State shall make information about the program established under subsection (a) available on a publicly accessible website.", "id": "HEE431AD642ED4311A61EA86A912E679E", "header": "Public availability", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) The terms dating violence , domestic violence , sexual assault , and stalking have the meanings given those terms in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 ). (2) The term trafficking means an act or practice described in paragraph (11) or (12) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ).", "id": "HD66E62D0CD074319A1FA520695E93729", "header": "Definitions", "nested": [], "links": [ { "text": "34 U.S.C. 12291", "legal-doc": "usc", "parsable-cite": "usc/34/12291" }, { "text": "22 U.S.C. 7102", "legal-doc": "usc", "parsable-cite": "usc/22/7102" } ] }, { "text": "(e) Effective date \nEach State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2025.", "id": "H146BEC09F05C4F4EAFD396D8247BA2E2", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "34 U.S.C. 12291", "legal-doc": "usc", "parsable-cite": "usc/34/12291" }, { "text": "22 U.S.C. 7102", "legal-doc": "usc", "parsable-cite": "usc/22/7102" } ] }, { "text": "1051. Availability of requirements payments under HAVA to cover costs of compliance with new requirements \n(a) In general \nSection 251(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21001(b) ) is amended— (1) in paragraph (1), by striking as provided in paragraphs (2) and (3) and inserting as otherwise provided in this subsection ; and (2) by adding at the end the following new paragraph: (4) Certain voter registration activities \nNotwithstanding paragraph (3), a State may use a requirements payment to carry out any of the requirements of the Voter Registration Modernization Act of 2023, including the requirements of the National Voter Registration Act of 1993 that are imposed pursuant to the amendments made to such Act by the Voter Registration Modernization Act of 2023.. (b) Conforming amendment \nSection 254(a)(1) of such Act ( 52 U.S.C. 21004(a)(1) ) is amended by striking section 251(a)(2) and inserting section 251(b)(2). (c) Effective Date \nThe amendments made by this section shall apply with respect to fiscal year 2024 and each succeeding fiscal year.", "id": "H87FF1E5E840440CF8501DC0D4A6A39C5", "header": "Availability of requirements payments under HAVA to cover costs of compliance with new requirements", "nested": [ { "text": "(a) In general \nSection 251(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21001(b) ) is amended— (1) in paragraph (1), by striking as provided in paragraphs (2) and (3) and inserting as otherwise provided in this subsection ; and (2) by adding at the end the following new paragraph: (4) Certain voter registration activities \nNotwithstanding paragraph (3), a State may use a requirements payment to carry out any of the requirements of the Voter Registration Modernization Act of 2023, including the requirements of the National Voter Registration Act of 1993 that are imposed pursuant to the amendments made to such Act by the Voter Registration Modernization Act of 2023..", "id": "HA64BEB0D8F854841AC3555DCEAEB1985", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 21001(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21001" } ] }, { "text": "(b) Conforming amendment \nSection 254(a)(1) of such Act ( 52 U.S.C. 21004(a)(1) ) is amended by striking section 251(a)(2) and inserting section 251(b)(2).", "id": "H9A86F595A8BA49C89039026421F2752D", "header": "Conforming amendment", "nested": [], "links": [ { "text": "52 U.S.C. 21004(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/21004" } ] }, { "text": "(c) Effective Date \nThe amendments made by this section shall apply with respect to fiscal year 2024 and each succeeding fiscal year.", "id": "H51C31BE939EB467484BFA52A046BAA1B", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21001(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21001" }, { "text": "52 U.S.C. 21004(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/21004" } ] }, { "text": "1101. Requirements for States to promote access to voter registration and voting for individuals with disabilities \n(a) Requirements \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a) and section 1044(a), is amended— (1) by redesignating sections 306 and 307 as sections 307 and 308, respectively; and (2) by inserting after section 305 the following new section: 306. Access to voter registration and voting for individuals with disabilities \n(a) Treatment of applications and ballots \nEach State shall— (1) ensure that absentee registration forms, absentee ballot applications, and absentee ballots that are available electronically are accessible (as defined in section 307); (2) permit individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in elections for Federal office; (3) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from an individual with a disability if the application is received by the appropriate State election official within the deadline for the election which is applicable under Federal law; (4) in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures— (A) for individuals with disabilities to request by mail and electronically voter registration applications and absentee ballot applications with respect to elections for Federal office in accordance with subsection (c); (B) for States to send by mail and electronically (in accordance with the preferred method of transmission designated by the individual under subparagraph (C)) voter registration applications and absentee ballot applications requested under subparagraph (A) in accordance with subsection (c)); and (C) by which such an individual can designate whether the individual prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically; (5) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to individuals with disabilities with respect to elections for Federal office in accordance with subsection (d); and (6) if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to individuals with disabilities in a manner that gives them sufficient time to vote in the runoff election. (b) Designation of single State office To provide information on registration and absentee ballot procedures for voters with disabilities in State \n(1) In general \nEach State shall designate a single office that shall be responsible for providing information regarding voter registration procedures, absentee ballot procedures, and in-person voting procedures to be used by individuals with disabilities with respect to elections for Federal office to all individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State. (2) Responsibilities \nEach State shall, through the office designated under paragraph (1)— (A) provide information to election officials— (i) on how to set up and operate accessible voting systems; and (ii) regarding the accessibility of voting procedures, including guidance on compatibility with assistive technologies such as screen readers and ballot marking devices; (B) integrate information on accessibility, accommodations, disability, and older individuals into regular training materials for poll workers and election administration officials; (C) train poll workers on how to make polling places accessible for individuals with disabilities and older individuals; (D) promote the hiring of individuals with disabilities and older individuals as poll workers and election staff; and (E) publicly post the results of any audits to determine the accessibility of polling places not later than 6 months after the completion of the audit. (c) Designation of means of electronic communication for individuals with disabilities To request and for states To send voter registration applications and absentee ballot applications, and for other purposes related to voting information \n(1) In general \nEach State shall, in addition to the designation of a single State office under subsection (b), designate not less than 1 means of accessible electronic communication— (A) for use by individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection (a)(4); (B) for use by States to send voter registration applications and absentee ballot applications requested under such subsection; and (C) for the purpose of providing related voting, balloting, and election information to individuals with disabilities. (2) Clarification regarding provision of multiple means of electronic communication \nA State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to individuals with disabilities, including a means of electronic communication for the appropriate jurisdiction of the State. (3) Inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials \nEach State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to individuals with disabilities. (4) Transmission if no preference indicated \nIn the case in which an individual with a disability does not designate a preference under subsection (a)(4)(C), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (d) Transmission of blank absentee ballots by mail and electronically \n(1) In general \nEach State shall establish procedures— (A) to securely transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the individual with a disability under subparagraph (B)) to individuals with disabilities for an election for Federal office; and (B) by which the individual with a disability can designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically. (2) Transmission if no preference indicated \nIn the case where an individual with a disability does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (3) Application of methods to track delivery to and return of ballot by individual requesting ballot \nUnder the procedures established under paragraph (1), the State shall apply such methods as the State considers appropriate, such as assigning a unique identifier to the ballot envelope, to ensure that if an individual with a disability requests the State to transmit a blank absentee ballot to the individual in accordance with this subsection, the voted absentee ballot that is returned by the individual is the same blank absentee ballot that the State transmitted to the individual. (e) Individual with a disability defined \nIn this section, an individual with a disability means an individual with an impairment that substantially limits any major life activities and who is otherwise qualified to vote in elections for Federal office. (f) Effective date \nThis section shall apply with respect to elections for Federal office held on or after January 1, 2024.. (b) Conforming amendment relating to issuance of voluntary guidance by Election Assistance Commission \n(1) Timing of issuance \nSection 311(b) of such Act ( 52 U.S.C. 21101(b) ) is amended— (A) by striking and at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) in the case of the recommendations with respect to section 306, January 1, 2024.. (2) Redesignation \n(A) In general \nTitle III of such Act ( 52 U.S.C. 21081 et seq. ) is amended by redesignating sections 311 and 312 as sections 321 and 322, respectively. (B) Conforming amendment \nSection 321(a) of such Act, as redesignated by subparagraph (A), is amended by striking section 312 and inserting section 322. (c) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c) and section 1044(b), is amended— (1) by redesignating the items relating to sections 306 and 307 as relating to sections 307 and 308, respectively; and (2) by inserting after the item relating to section 305 the following new item: Sec. 306. Access to voter registration and voting for individuals with disabilities..", "id": "H977445E71ED04098996724C257FC57F6", "header": "Requirements for States to promote access to voter registration and voting for individuals with disabilities", "nested": [ { "text": "(a) Requirements \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a) and section 1044(a), is amended— (1) by redesignating sections 306 and 307 as sections 307 and 308, respectively; and (2) by inserting after section 305 the following new section: 306. Access to voter registration and voting for individuals with disabilities \n(a) Treatment of applications and ballots \nEach State shall— (1) ensure that absentee registration forms, absentee ballot applications, and absentee ballots that are available electronically are accessible (as defined in section 307); (2) permit individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in elections for Federal office; (3) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from an individual with a disability if the application is received by the appropriate State election official within the deadline for the election which is applicable under Federal law; (4) in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures— (A) for individuals with disabilities to request by mail and electronically voter registration applications and absentee ballot applications with respect to elections for Federal office in accordance with subsection (c); (B) for States to send by mail and electronically (in accordance with the preferred method of transmission designated by the individual under subparagraph (C)) voter registration applications and absentee ballot applications requested under subparagraph (A) in accordance with subsection (c)); and (C) by which such an individual can designate whether the individual prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically; (5) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to individuals with disabilities with respect to elections for Federal office in accordance with subsection (d); and (6) if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to individuals with disabilities in a manner that gives them sufficient time to vote in the runoff election. (b) Designation of single State office To provide information on registration and absentee ballot procedures for voters with disabilities in State \n(1) In general \nEach State shall designate a single office that shall be responsible for providing information regarding voter registration procedures, absentee ballot procedures, and in-person voting procedures to be used by individuals with disabilities with respect to elections for Federal office to all individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State. (2) Responsibilities \nEach State shall, through the office designated under paragraph (1)— (A) provide information to election officials— (i) on how to set up and operate accessible voting systems; and (ii) regarding the accessibility of voting procedures, including guidance on compatibility with assistive technologies such as screen readers and ballot marking devices; (B) integrate information on accessibility, accommodations, disability, and older individuals into regular training materials for poll workers and election administration officials; (C) train poll workers on how to make polling places accessible for individuals with disabilities and older individuals; (D) promote the hiring of individuals with disabilities and older individuals as poll workers and election staff; and (E) publicly post the results of any audits to determine the accessibility of polling places not later than 6 months after the completion of the audit. (c) Designation of means of electronic communication for individuals with disabilities To request and for states To send voter registration applications and absentee ballot applications, and for other purposes related to voting information \n(1) In general \nEach State shall, in addition to the designation of a single State office under subsection (b), designate not less than 1 means of accessible electronic communication— (A) for use by individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection (a)(4); (B) for use by States to send voter registration applications and absentee ballot applications requested under such subsection; and (C) for the purpose of providing related voting, balloting, and election information to individuals with disabilities. (2) Clarification regarding provision of multiple means of electronic communication \nA State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to individuals with disabilities, including a means of electronic communication for the appropriate jurisdiction of the State. (3) Inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials \nEach State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to individuals with disabilities. (4) Transmission if no preference indicated \nIn the case in which an individual with a disability does not designate a preference under subsection (a)(4)(C), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (d) Transmission of blank absentee ballots by mail and electronically \n(1) In general \nEach State shall establish procedures— (A) to securely transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the individual with a disability under subparagraph (B)) to individuals with disabilities for an election for Federal office; and (B) by which the individual with a disability can designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically. (2) Transmission if no preference indicated \nIn the case where an individual with a disability does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (3) Application of methods to track delivery to and return of ballot by individual requesting ballot \nUnder the procedures established under paragraph (1), the State shall apply such methods as the State considers appropriate, such as assigning a unique identifier to the ballot envelope, to ensure that if an individual with a disability requests the State to transmit a blank absentee ballot to the individual in accordance with this subsection, the voted absentee ballot that is returned by the individual is the same blank absentee ballot that the State transmitted to the individual. (e) Individual with a disability defined \nIn this section, an individual with a disability means an individual with an impairment that substantially limits any major life activities and who is otherwise qualified to vote in elections for Federal office. (f) Effective date \nThis section shall apply with respect to elections for Federal office held on or after January 1, 2024..", "id": "H52C356D99BF546ACA2B7E2AB02D51C46", "header": "Requirements", "nested": [], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "(b) Conforming amendment relating to issuance of voluntary guidance by Election Assistance Commission \n(1) Timing of issuance \nSection 311(b) of such Act ( 52 U.S.C. 21101(b) ) is amended— (A) by striking and at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) in the case of the recommendations with respect to section 306, January 1, 2024.. (2) Redesignation \n(A) In general \nTitle III of such Act ( 52 U.S.C. 21081 et seq. ) is amended by redesignating sections 311 and 312 as sections 321 and 322, respectively. (B) Conforming amendment \nSection 321(a) of such Act, as redesignated by subparagraph (A), is amended by striking section 312 and inserting section 322.", "id": "H86C82522FB98419F9A94A193C0C78A4E", "header": "Conforming amendment relating to issuance of voluntary guidance by Election Assistance Commission", "nested": [], "links": [ { "text": "52 U.S.C. 21101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21101" }, { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "(c) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c) and section 1044(b), is amended— (1) by redesignating the items relating to sections 306 and 307 as relating to sections 307 and 308, respectively; and (2) by inserting after the item relating to section 305 the following new item: Sec. 306. Access to voter registration and voting for individuals with disabilities..", "id": "H63FAEB4F99714931B099EF133BC9A31D", "header": "Clerical amendments", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 21101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21101" }, { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "306. Access to voter registration and voting for individuals with disabilities \n(a) Treatment of applications and ballots \nEach State shall— (1) ensure that absentee registration forms, absentee ballot applications, and absentee ballots that are available electronically are accessible (as defined in section 307); (2) permit individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in elections for Federal office; (3) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from an individual with a disability if the application is received by the appropriate State election official within the deadline for the election which is applicable under Federal law; (4) in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures— (A) for individuals with disabilities to request by mail and electronically voter registration applications and absentee ballot applications with respect to elections for Federal office in accordance with subsection (c); (B) for States to send by mail and electronically (in accordance with the preferred method of transmission designated by the individual under subparagraph (C)) voter registration applications and absentee ballot applications requested under subparagraph (A) in accordance with subsection (c)); and (C) by which such an individual can designate whether the individual prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically; (5) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to individuals with disabilities with respect to elections for Federal office in accordance with subsection (d); and (6) if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to individuals with disabilities in a manner that gives them sufficient time to vote in the runoff election. (b) Designation of single State office To provide information on registration and absentee ballot procedures for voters with disabilities in State \n(1) In general \nEach State shall designate a single office that shall be responsible for providing information regarding voter registration procedures, absentee ballot procedures, and in-person voting procedures to be used by individuals with disabilities with respect to elections for Federal office to all individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State. (2) Responsibilities \nEach State shall, through the office designated under paragraph (1)— (A) provide information to election officials— (i) on how to set up and operate accessible voting systems; and (ii) regarding the accessibility of voting procedures, including guidance on compatibility with assistive technologies such as screen readers and ballot marking devices; (B) integrate information on accessibility, accommodations, disability, and older individuals into regular training materials for poll workers and election administration officials; (C) train poll workers on how to make polling places accessible for individuals with disabilities and older individuals; (D) promote the hiring of individuals with disabilities and older individuals as poll workers and election staff; and (E) publicly post the results of any audits to determine the accessibility of polling places not later than 6 months after the completion of the audit. (c) Designation of means of electronic communication for individuals with disabilities To request and for states To send voter registration applications and absentee ballot applications, and for other purposes related to voting information \n(1) In general \nEach State shall, in addition to the designation of a single State office under subsection (b), designate not less than 1 means of accessible electronic communication— (A) for use by individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection (a)(4); (B) for use by States to send voter registration applications and absentee ballot applications requested under such subsection; and (C) for the purpose of providing related voting, balloting, and election information to individuals with disabilities. (2) Clarification regarding provision of multiple means of electronic communication \nA State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to individuals with disabilities, including a means of electronic communication for the appropriate jurisdiction of the State. (3) Inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials \nEach State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to individuals with disabilities. (4) Transmission if no preference indicated \nIn the case in which an individual with a disability does not designate a preference under subsection (a)(4)(C), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (d) Transmission of blank absentee ballots by mail and electronically \n(1) In general \nEach State shall establish procedures— (A) to securely transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the individual with a disability under subparagraph (B)) to individuals with disabilities for an election for Federal office; and (B) by which the individual with a disability can designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically. (2) Transmission if no preference indicated \nIn the case where an individual with a disability does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (3) Application of methods to track delivery to and return of ballot by individual requesting ballot \nUnder the procedures established under paragraph (1), the State shall apply such methods as the State considers appropriate, such as assigning a unique identifier to the ballot envelope, to ensure that if an individual with a disability requests the State to transmit a blank absentee ballot to the individual in accordance with this subsection, the voted absentee ballot that is returned by the individual is the same blank absentee ballot that the State transmitted to the individual. (e) Individual with a disability defined \nIn this section, an individual with a disability means an individual with an impairment that substantially limits any major life activities and who is otherwise qualified to vote in elections for Federal office. (f) Effective date \nThis section shall apply with respect to elections for Federal office held on or after January 1, 2024.", "id": "HB3790AC518A34D0CA79B6FF6C11AB5EB", "header": "Access to voter registration and voting for individuals with disabilities", "nested": [ { "text": "(a) Treatment of applications and ballots \nEach State shall— (1) ensure that absentee registration forms, absentee ballot applications, and absentee ballots that are available electronically are accessible (as defined in section 307); (2) permit individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in elections for Federal office; (3) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from an individual with a disability if the application is received by the appropriate State election official within the deadline for the election which is applicable under Federal law; (4) in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures— (A) for individuals with disabilities to request by mail and electronically voter registration applications and absentee ballot applications with respect to elections for Federal office in accordance with subsection (c); (B) for States to send by mail and electronically (in accordance with the preferred method of transmission designated by the individual under subparagraph (C)) voter registration applications and absentee ballot applications requested under subparagraph (A) in accordance with subsection (c)); and (C) by which such an individual can designate whether the individual prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically; (5) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to individuals with disabilities with respect to elections for Federal office in accordance with subsection (d); and (6) if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to individuals with disabilities in a manner that gives them sufficient time to vote in the runoff election.", "id": "H437F3F1B4353489F8777A06C93102630", "header": "Treatment of applications and ballots", "nested": [], "links": [] }, { "text": "(b) Designation of single State office To provide information on registration and absentee ballot procedures for voters with disabilities in State \n(1) In general \nEach State shall designate a single office that shall be responsible for providing information regarding voter registration procedures, absentee ballot procedures, and in-person voting procedures to be used by individuals with disabilities with respect to elections for Federal office to all individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State. (2) Responsibilities \nEach State shall, through the office designated under paragraph (1)— (A) provide information to election officials— (i) on how to set up and operate accessible voting systems; and (ii) regarding the accessibility of voting procedures, including guidance on compatibility with assistive technologies such as screen readers and ballot marking devices; (B) integrate information on accessibility, accommodations, disability, and older individuals into regular training materials for poll workers and election administration officials; (C) train poll workers on how to make polling places accessible for individuals with disabilities and older individuals; (D) promote the hiring of individuals with disabilities and older individuals as poll workers and election staff; and (E) publicly post the results of any audits to determine the accessibility of polling places not later than 6 months after the completion of the audit.", "id": "HBDF785C422A44210ABF973F0D38A88A3", "header": "Designation of single State office To provide information on registration and absentee ballot procedures for voters with disabilities in State", "nested": [], "links": [] }, { "text": "(c) Designation of means of electronic communication for individuals with disabilities To request and for states To send voter registration applications and absentee ballot applications, and for other purposes related to voting information \n(1) In general \nEach State shall, in addition to the designation of a single State office under subsection (b), designate not less than 1 means of accessible electronic communication— (A) for use by individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection (a)(4); (B) for use by States to send voter registration applications and absentee ballot applications requested under such subsection; and (C) for the purpose of providing related voting, balloting, and election information to individuals with disabilities. (2) Clarification regarding provision of multiple means of electronic communication \nA State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to individuals with disabilities, including a means of electronic communication for the appropriate jurisdiction of the State. (3) Inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials \nEach State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to individuals with disabilities. (4) Transmission if no preference indicated \nIn the case in which an individual with a disability does not designate a preference under subsection (a)(4)(C), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail.", "id": "HA9A8F42264AF499BA1ADEDB956E37826", "header": "Designation of means of electronic communication for individuals with disabilities To request and for states To send voter registration applications and absentee ballot applications, and for other purposes related to voting information", "nested": [], "links": [] }, { "text": "(d) Transmission of blank absentee ballots by mail and electronically \n(1) In general \nEach State shall establish procedures— (A) to securely transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the individual with a disability under subparagraph (B)) to individuals with disabilities for an election for Federal office; and (B) by which the individual with a disability can designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically. (2) Transmission if no preference indicated \nIn the case where an individual with a disability does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (3) Application of methods to track delivery to and return of ballot by individual requesting ballot \nUnder the procedures established under paragraph (1), the State shall apply such methods as the State considers appropriate, such as assigning a unique identifier to the ballot envelope, to ensure that if an individual with a disability requests the State to transmit a blank absentee ballot to the individual in accordance with this subsection, the voted absentee ballot that is returned by the individual is the same blank absentee ballot that the State transmitted to the individual.", "id": "H6E75833A030F47E69EB3645006682A53", "header": "Transmission of blank absentee ballots by mail and electronically", "nested": [], "links": [] }, { "text": "(e) Individual with a disability defined \nIn this section, an individual with a disability means an individual with an impairment that substantially limits any major life activities and who is otherwise qualified to vote in elections for Federal office.", "id": "H7951D303EF5D4EF7B445B429F4495894", "header": "Individual with a disability defined", "nested": [], "links": [] }, { "text": "(f) Effective date \nThis section shall apply with respect to elections for Federal office held on or after January 1, 2024.", "id": "H0363517A5B454889B1F14C4FF35C526B", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "1102. Establishment and maintenance of State accessible election websites \n(a) In general \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), and section 1101(a), is amended— (1) by redesignating sections 307 and 308 as sections 308 and 309, respectively; and (2) by inserting after section 306 the following: 307. Establishment and maintenance of accessible election websites \n(a) In general \nNot later than January 1, 2025, each State shall establish a single election website that is accessible and meets the following requirements: (1) Local election officials \nThe website shall provide local election officials, poll workers, and volunteers with— (A) guidance to ensure that polling places are accessible for individuals with disabilities and older individuals in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and (B) online training and resources on— (i) how best to promote the access and participation of individuals with disabilities and older individuals in elections for public office; and (ii) the voting rights and protections for individuals with disabilities and older individuals under State and Federal law. (2) Voters \nThe website shall provide information about voting, including— (A) the accessibility of all polling places within the State, including outreach programs to inform individuals about the availability of accessible polling places; (B) how to register to vote and confirm voter registration in the State; (C) the location and operating hours of all polling places in the State; (D) the availability of aid or assistance for individuals with disabilities and older individuals to cast their vote in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters at polling places; (E) the availability of transportation aid or assistance to the polling place for individuals with disabilities or older individuals; (F) the rights and protections under State and Federal law for individuals with disabilities and older individuals to participate in elections; and (G) how to contact State, local, and Federal officials with complaints or grievances if individuals with disabilities, older individuals, Native Americans, Alaska Natives, and individuals with limited proficiency in the English language feel their ability to register to vote or vote has been blocked or delayed. (b) Partnership with outside technical organization \nThe chief State election official of each State, through the committee of appropriate individuals under subsection (c)(2), shall partner with an outside technical organization with demonstrated experience in establishing accessible and easy to use accessible election websites to— (1) update an existing election website of the State to make the website fully accessible in accordance with this section; or (2) develop an election website of the State that is fully accessible in accordance with this section. (c) State plan \n(1) Development \nThe chief State election official of each State shall, through a committee of appropriate individuals as described in paragraph (2), develop a State plan that describes how the State and local governments will meet the requirements under this section. (2) Committee membership \nThe committee shall comprise at least the following individuals: (A) The chief election officials of the 4 most populous jurisdictions within the State. (B) The chief election officials of the 4 least populous jurisdictions within the State. (C) Representatives from 2 disability advocacy groups, including not fewer than 1 such representative who is an individual with a disability. (D) Representatives from 2 older individual advocacy groups, including not fewer than 1 such representative who is an older individual. (E) Representatives from 2 independent non-governmental organizations with expertise in establishing and maintaining accessible websites. (F) Representatives from 2 independent non-governmental voting rights organizations. (G) Representatives from State protection and advocacy systems, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). (d) Partnership To monitor and verify accessibility \nThe chief State election official of each eligible State, through the committee of appropriate individuals established under subsection (c)(2), shall partner with not fewer than 2 of the following organizations to monitor and verify the accessibility of the election website of the State and the completeness of the election information and the accuracy of the disability information provided on such website: (1) University Centers for Excellence in Developmental Disabilities Education, Research, and Services established under subtitle D of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061 et seq. ). (2) Centers for independent living, as described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ). (3) The State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ). (4) State protection and advocacy systems, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). (5) Statewide Independent Living Councils established under section 705 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796d ). (6) State programs established under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ). (7) A visual access advocacy organization. (8) An organization for the deaf. (9) A mental health organization. (e) Definitions \nFor purposes of this section, section 305, and section 307: (1) Accessible \nThe term accessible means— (A) in the case of the election website under subsection (a) or an electronic communication under section 305— (i) that the functions and content of the website or electronic communication, including all text, visual, and aural content, are as accessible to people with disabilities as to those without disabilities; (ii) that the functions and content of the website or electronic communication are accessible to individuals with limited proficiency in the English language; and (iii) that the website or electronic communication meets, at a minimum, conformance to Level AA of the Web Content Accessibility Guidelines 2.0 of the Web Accessibility Initiative (or any successor guidelines); and (B) in the case of a facility (including a polling place), that the facility is readily accessible to and usable by individuals with disabilities and older individuals, as determined under the 2010 ADA Standards for Accessible Design of the Department of Justice, published on September 15, 2010 (or any successor standards). (2) Individual with a disability \nThe term individual with a disability means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ), and who is otherwise qualified to vote in elections for Federal office. (3) Older individual \nThe term older individual means an individual who is 60 years of age or older and who is otherwise qualified to vote in elections for Federal office.. (b) Voluntary guidance \nSection 321(b)(4) of such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b), is amended by striking section 306 and inserting sections 306 and 307. (c) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), and section 1101(c), is amended— (1) by redesignating the items relating to sections 307 and 308 as relating to sections 308 and 309, respectively; and (2) by inserting after the item relating to section 306 the following new item: Sec. 307. Establishment and maintenance of accessible election websites..", "id": "H141693F3AC5942DE8188D995D6304EC1", "header": "Establishment and maintenance of State accessible election websites", "nested": [ { "text": "(a) In general \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), and section 1101(a), is amended— (1) by redesignating sections 307 and 308 as sections 308 and 309, respectively; and (2) by inserting after section 306 the following: 307. Establishment and maintenance of accessible election websites \n(a) In general \nNot later than January 1, 2025, each State shall establish a single election website that is accessible and meets the following requirements: (1) Local election officials \nThe website shall provide local election officials, poll workers, and volunteers with— (A) guidance to ensure that polling places are accessible for individuals with disabilities and older individuals in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and (B) online training and resources on— (i) how best to promote the access and participation of individuals with disabilities and older individuals in elections for public office; and (ii) the voting rights and protections for individuals with disabilities and older individuals under State and Federal law. (2) Voters \nThe website shall provide information about voting, including— (A) the accessibility of all polling places within the State, including outreach programs to inform individuals about the availability of accessible polling places; (B) how to register to vote and confirm voter registration in the State; (C) the location and operating hours of all polling places in the State; (D) the availability of aid or assistance for individuals with disabilities and older individuals to cast their vote in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters at polling places; (E) the availability of transportation aid or assistance to the polling place for individuals with disabilities or older individuals; (F) the rights and protections under State and Federal law for individuals with disabilities and older individuals to participate in elections; and (G) how to contact State, local, and Federal officials with complaints or grievances if individuals with disabilities, older individuals, Native Americans, Alaska Natives, and individuals with limited proficiency in the English language feel their ability to register to vote or vote has been blocked or delayed. (b) Partnership with outside technical organization \nThe chief State election official of each State, through the committee of appropriate individuals under subsection (c)(2), shall partner with an outside technical organization with demonstrated experience in establishing accessible and easy to use accessible election websites to— (1) update an existing election website of the State to make the website fully accessible in accordance with this section; or (2) develop an election website of the State that is fully accessible in accordance with this section. (c) State plan \n(1) Development \nThe chief State election official of each State shall, through a committee of appropriate individuals as described in paragraph (2), develop a State plan that describes how the State and local governments will meet the requirements under this section. (2) Committee membership \nThe committee shall comprise at least the following individuals: (A) The chief election officials of the 4 most populous jurisdictions within the State. (B) The chief election officials of the 4 least populous jurisdictions within the State. (C) Representatives from 2 disability advocacy groups, including not fewer than 1 such representative who is an individual with a disability. (D) Representatives from 2 older individual advocacy groups, including not fewer than 1 such representative who is an older individual. (E) Representatives from 2 independent non-governmental organizations with expertise in establishing and maintaining accessible websites. (F) Representatives from 2 independent non-governmental voting rights organizations. (G) Representatives from State protection and advocacy systems, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). (d) Partnership To monitor and verify accessibility \nThe chief State election official of each eligible State, through the committee of appropriate individuals established under subsection (c)(2), shall partner with not fewer than 2 of the following organizations to monitor and verify the accessibility of the election website of the State and the completeness of the election information and the accuracy of the disability information provided on such website: (1) University Centers for Excellence in Developmental Disabilities Education, Research, and Services established under subtitle D of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061 et seq. ). (2) Centers for independent living, as described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ). (3) The State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ). (4) State protection and advocacy systems, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). (5) Statewide Independent Living Councils established under section 705 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796d ). (6) State programs established under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ). (7) A visual access advocacy organization. (8) An organization for the deaf. (9) A mental health organization. (e) Definitions \nFor purposes of this section, section 305, and section 307: (1) Accessible \nThe term accessible means— (A) in the case of the election website under subsection (a) or an electronic communication under section 305— (i) that the functions and content of the website or electronic communication, including all text, visual, and aural content, are as accessible to people with disabilities as to those without disabilities; (ii) that the functions and content of the website or electronic communication are accessible to individuals with limited proficiency in the English language; and (iii) that the website or electronic communication meets, at a minimum, conformance to Level AA of the Web Content Accessibility Guidelines 2.0 of the Web Accessibility Initiative (or any successor guidelines); and (B) in the case of a facility (including a polling place), that the facility is readily accessible to and usable by individuals with disabilities and older individuals, as determined under the 2010 ADA Standards for Accessible Design of the Department of Justice, published on September 15, 2010 (or any successor standards). (2) Individual with a disability \nThe term individual with a disability means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ), and who is otherwise qualified to vote in elections for Federal office. (3) Older individual \nThe term older individual means an individual who is 60 years of age or older and who is otherwise qualified to vote in elections for Federal office..", "id": "H6FF824BDF26C49B4BFC4E27806B6038D", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "42 U.S.C. 15002", "legal-doc": "usc", "parsable-cite": "usc/42/15002" }, { "text": "42 U.S.C. 15061 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/15061" }, { "text": "29 U.S.C. 796f et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/796f" }, { "text": "42 U.S.C. 15025", "legal-doc": "usc", "parsable-cite": "usc/42/15025" }, { "text": "42 U.S.C. 15002", "legal-doc": "usc", "parsable-cite": "usc/42/15002" }, { "text": "29 U.S.C. 796d", "legal-doc": "usc", "parsable-cite": "usc/29/796d" }, { "text": "29 U.S.C. 3001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3001" }, { "text": "42 U.S.C. 12102", "legal-doc": "usc", "parsable-cite": "usc/42/12102" } ] }, { "text": "(b) Voluntary guidance \nSection 321(b)(4) of such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b), is amended by striking section 306 and inserting sections 306 and 307.", "id": "HFC052ACB35344A36AA39D7E678A46DC2", "header": "Voluntary guidance", "nested": [], "links": [ { "text": "52 U.S.C. 21101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21101" } ] }, { "text": "(c) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), and section 1101(c), is amended— (1) by redesignating the items relating to sections 307 and 308 as relating to sections 308 and 309, respectively; and (2) by inserting after the item relating to section 306 the following new item: Sec. 307. Establishment and maintenance of accessible election websites..", "id": "H19AA413ABEA6426EA196931C7087BC02", "header": "Clerical amendments", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "42 U.S.C. 15002", "legal-doc": "usc", "parsable-cite": "usc/42/15002" }, { "text": "42 U.S.C. 15061 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/15061" }, { "text": "29 U.S.C. 796f et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/796f" }, { "text": "42 U.S.C. 15025", "legal-doc": "usc", "parsable-cite": "usc/42/15025" }, { "text": "42 U.S.C. 15002", "legal-doc": "usc", "parsable-cite": "usc/42/15002" }, { "text": "29 U.S.C. 796d", "legal-doc": "usc", "parsable-cite": "usc/29/796d" }, { "text": "29 U.S.C. 3001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3001" }, { "text": "42 U.S.C. 12102", "legal-doc": "usc", "parsable-cite": "usc/42/12102" }, { "text": "52 U.S.C. 21101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21101" } ] }, { "text": "307. Establishment and maintenance of accessible election websites \n(a) In general \nNot later than January 1, 2025, each State shall establish a single election website that is accessible and meets the following requirements: (1) Local election officials \nThe website shall provide local election officials, poll workers, and volunteers with— (A) guidance to ensure that polling places are accessible for individuals with disabilities and older individuals in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and (B) online training and resources on— (i) how best to promote the access and participation of individuals with disabilities and older individuals in elections for public office; and (ii) the voting rights and protections for individuals with disabilities and older individuals under State and Federal law. (2) Voters \nThe website shall provide information about voting, including— (A) the accessibility of all polling places within the State, including outreach programs to inform individuals about the availability of accessible polling places; (B) how to register to vote and confirm voter registration in the State; (C) the location and operating hours of all polling places in the State; (D) the availability of aid or assistance for individuals with disabilities and older individuals to cast their vote in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters at polling places; (E) the availability of transportation aid or assistance to the polling place for individuals with disabilities or older individuals; (F) the rights and protections under State and Federal law for individuals with disabilities and older individuals to participate in elections; and (G) how to contact State, local, and Federal officials with complaints or grievances if individuals with disabilities, older individuals, Native Americans, Alaska Natives, and individuals with limited proficiency in the English language feel their ability to register to vote or vote has been blocked or delayed. (b) Partnership with outside technical organization \nThe chief State election official of each State, through the committee of appropriate individuals under subsection (c)(2), shall partner with an outside technical organization with demonstrated experience in establishing accessible and easy to use accessible election websites to— (1) update an existing election website of the State to make the website fully accessible in accordance with this section; or (2) develop an election website of the State that is fully accessible in accordance with this section. (c) State plan \n(1) Development \nThe chief State election official of each State shall, through a committee of appropriate individuals as described in paragraph (2), develop a State plan that describes how the State and local governments will meet the requirements under this section. (2) Committee membership \nThe committee shall comprise at least the following individuals: (A) The chief election officials of the 4 most populous jurisdictions within the State. (B) The chief election officials of the 4 least populous jurisdictions within the State. (C) Representatives from 2 disability advocacy groups, including not fewer than 1 such representative who is an individual with a disability. (D) Representatives from 2 older individual advocacy groups, including not fewer than 1 such representative who is an older individual. (E) Representatives from 2 independent non-governmental organizations with expertise in establishing and maintaining accessible websites. (F) Representatives from 2 independent non-governmental voting rights organizations. (G) Representatives from State protection and advocacy systems, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). (d) Partnership To monitor and verify accessibility \nThe chief State election official of each eligible State, through the committee of appropriate individuals established under subsection (c)(2), shall partner with not fewer than 2 of the following organizations to monitor and verify the accessibility of the election website of the State and the completeness of the election information and the accuracy of the disability information provided on such website: (1) University Centers for Excellence in Developmental Disabilities Education, Research, and Services established under subtitle D of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061 et seq. ). (2) Centers for independent living, as described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ). (3) The State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ). (4) State protection and advocacy systems, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). (5) Statewide Independent Living Councils established under section 705 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796d ). (6) State programs established under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ). (7) A visual access advocacy organization. (8) An organization for the deaf. (9) A mental health organization. (e) Definitions \nFor purposes of this section, section 305, and section 307: (1) Accessible \nThe term accessible means— (A) in the case of the election website under subsection (a) or an electronic communication under section 305— (i) that the functions and content of the website or electronic communication, including all text, visual, and aural content, are as accessible to people with disabilities as to those without disabilities; (ii) that the functions and content of the website or electronic communication are accessible to individuals with limited proficiency in the English language; and (iii) that the website or electronic communication meets, at a minimum, conformance to Level AA of the Web Content Accessibility Guidelines 2.0 of the Web Accessibility Initiative (or any successor guidelines); and (B) in the case of a facility (including a polling place), that the facility is readily accessible to and usable by individuals with disabilities and older individuals, as determined under the 2010 ADA Standards for Accessible Design of the Department of Justice, published on September 15, 2010 (or any successor standards). (2) Individual with a disability \nThe term individual with a disability means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ), and who is otherwise qualified to vote in elections for Federal office. (3) Older individual \nThe term older individual means an individual who is 60 years of age or older and who is otherwise qualified to vote in elections for Federal office.", "id": "HA40FD17E6FCC4DD69667C9EA32C50A31", "header": "Establishment and maintenance of accessible election websites", "nested": [ { "text": "(a) In general \nNot later than January 1, 2025, each State shall establish a single election website that is accessible and meets the following requirements: (1) Local election officials \nThe website shall provide local election officials, poll workers, and volunteers with— (A) guidance to ensure that polling places are accessible for individuals with disabilities and older individuals in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and (B) online training and resources on— (i) how best to promote the access and participation of individuals with disabilities and older individuals in elections for public office; and (ii) the voting rights and protections for individuals with disabilities and older individuals under State and Federal law. (2) Voters \nThe website shall provide information about voting, including— (A) the accessibility of all polling places within the State, including outreach programs to inform individuals about the availability of accessible polling places; (B) how to register to vote and confirm voter registration in the State; (C) the location and operating hours of all polling places in the State; (D) the availability of aid or assistance for individuals with disabilities and older individuals to cast their vote in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters at polling places; (E) the availability of transportation aid or assistance to the polling place for individuals with disabilities or older individuals; (F) the rights and protections under State and Federal law for individuals with disabilities and older individuals to participate in elections; and (G) how to contact State, local, and Federal officials with complaints or grievances if individuals with disabilities, older individuals, Native Americans, Alaska Natives, and individuals with limited proficiency in the English language feel their ability to register to vote or vote has been blocked or delayed.", "id": "HEA531709BDFF4C6C91DF0510BAEA956C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Partnership with outside technical organization \nThe chief State election official of each State, through the committee of appropriate individuals under subsection (c)(2), shall partner with an outside technical organization with demonstrated experience in establishing accessible and easy to use accessible election websites to— (1) update an existing election website of the State to make the website fully accessible in accordance with this section; or (2) develop an election website of the State that is fully accessible in accordance with this section.", "id": "HDDCDE025E2B346C89FE5CF0D7239323D", "header": "Partnership with outside technical organization", "nested": [], "links": [] }, { "text": "(c) State plan \n(1) Development \nThe chief State election official of each State shall, through a committee of appropriate individuals as described in paragraph (2), develop a State plan that describes how the State and local governments will meet the requirements under this section. (2) Committee membership \nThe committee shall comprise at least the following individuals: (A) The chief election officials of the 4 most populous jurisdictions within the State. (B) The chief election officials of the 4 least populous jurisdictions within the State. (C) Representatives from 2 disability advocacy groups, including not fewer than 1 such representative who is an individual with a disability. (D) Representatives from 2 older individual advocacy groups, including not fewer than 1 such representative who is an older individual. (E) Representatives from 2 independent non-governmental organizations with expertise in establishing and maintaining accessible websites. (F) Representatives from 2 independent non-governmental voting rights organizations. (G) Representatives from State protection and advocacy systems, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ).", "id": "H6F4A985D00D24544BB1AFD1A3A2ED3C3", "header": "State plan", "nested": [], "links": [ { "text": "42 U.S.C. 15002", "legal-doc": "usc", "parsable-cite": "usc/42/15002" } ] }, { "text": "(d) Partnership To monitor and verify accessibility \nThe chief State election official of each eligible State, through the committee of appropriate individuals established under subsection (c)(2), shall partner with not fewer than 2 of the following organizations to monitor and verify the accessibility of the election website of the State and the completeness of the election information and the accuracy of the disability information provided on such website: (1) University Centers for Excellence in Developmental Disabilities Education, Research, and Services established under subtitle D of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061 et seq. ). (2) Centers for independent living, as described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ). (3) The State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ). (4) State protection and advocacy systems, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). (5) Statewide Independent Living Councils established under section 705 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796d ). (6) State programs established under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ). (7) A visual access advocacy organization. (8) An organization for the deaf. (9) A mental health organization.", "id": "H5DD139C8CD3E420FA5D00775F3703D9D", "header": "Partnership To monitor and verify accessibility", "nested": [], "links": [ { "text": "42 U.S.C. 15061 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/15061" }, { "text": "29 U.S.C. 796f et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/796f" }, { "text": "42 U.S.C. 15025", "legal-doc": "usc", "parsable-cite": "usc/42/15025" }, { "text": "42 U.S.C. 15002", "legal-doc": "usc", "parsable-cite": "usc/42/15002" }, { "text": "29 U.S.C. 796d", "legal-doc": "usc", "parsable-cite": "usc/29/796d" }, { "text": "29 U.S.C. 3001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3001" } ] }, { "text": "(e) Definitions \nFor purposes of this section, section 305, and section 307: (1) Accessible \nThe term accessible means— (A) in the case of the election website under subsection (a) or an electronic communication under section 305— (i) that the functions and content of the website or electronic communication, including all text, visual, and aural content, are as accessible to people with disabilities as to those without disabilities; (ii) that the functions and content of the website or electronic communication are accessible to individuals with limited proficiency in the English language; and (iii) that the website or electronic communication meets, at a minimum, conformance to Level AA of the Web Content Accessibility Guidelines 2.0 of the Web Accessibility Initiative (or any successor guidelines); and (B) in the case of a facility (including a polling place), that the facility is readily accessible to and usable by individuals with disabilities and older individuals, as determined under the 2010 ADA Standards for Accessible Design of the Department of Justice, published on September 15, 2010 (or any successor standards). (2) Individual with a disability \nThe term individual with a disability means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ), and who is otherwise qualified to vote in elections for Federal office. (3) Older individual \nThe term older individual means an individual who is 60 years of age or older and who is otherwise qualified to vote in elections for Federal office.", "id": "H2AD43CC7A72F4C6A9BB0BAF238C9D60A", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 12102", "legal-doc": "usc", "parsable-cite": "usc/42/12102" } ] } ], "links": [ { "text": "42 U.S.C. 15002", "legal-doc": "usc", "parsable-cite": "usc/42/15002" }, { "text": "42 U.S.C. 15061 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/15061" }, { "text": "29 U.S.C. 796f et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/796f" }, { "text": "42 U.S.C. 15025", "legal-doc": "usc", "parsable-cite": "usc/42/15025" }, { "text": "42 U.S.C. 15002", "legal-doc": "usc", "parsable-cite": "usc/42/15002" }, { "text": "29 U.S.C. 796d", "legal-doc": "usc", "parsable-cite": "usc/29/796d" }, { "text": "29 U.S.C. 3001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3001" }, { "text": "42 U.S.C. 12102", "legal-doc": "usc", "parsable-cite": "usc/42/12102" } ] }, { "text": "1103. Protections for in-person voting for individuals with disabilities and older individuals \n(a) Requirement \n(1) In general \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), and section 1102(a), is amended— (A) by redesignating sections 308 and 309 as sections 309 and 310, respectively; and (B) by inserting after section 307 the following: 308. Access to voting for individuals with disabilities and older individuals \n(a) In general \nEach State shall— (1) ensure all polling places within the State are accessible, as defined in section 306; (2) consider procedures to address long wait times at polling places that allow individuals with disabilities and older individuals alternate options to cast a ballot in person in an election for Federal office, such as the option to cast a ballot outside of the polling place or from a vehicle, or providing an expedited voting line; and (3) consider options to establish mobile polling sites to allow election officials or volunteers to travel to long-term care facilities and assist residents who request assistance in casting a ballot in order to maintain the privacy and independence of voters in those facilities. (b) Clarification \nNothing in this section shall be construed to alter the requirements under Federal law that all polling places for Federal elections are accessible to individuals with disabilities and older individuals. (c) Effective date \nThis section shall apply with respect to elections for Federal office held on or after January 1, 2026.. (2) Voluntary guidance \nSection 321(b)(4) of such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b) and as amended by section 1102(b), is amended by striking and 307 and inserting , 307, and 308. (3) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), and section 1102(c), is amended— (A) by redesignating the items relating to sections 308 and 309 as relating to sections 309 and 310, respectively; and (B) by inserting after the item relating to section 307 the following new item: Sec. 308. Access to voting for individuals with disabilities and older individuals.. (b) Revisions to voting accessibility for the elderly and handicapped Act \n(1) Reports to Election Assistance Commission \nSection 3(c) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(c) ) is amended— (A) in the subsection heading, by striking Federal Election Commission and inserting Election Assistance Commission ; (B) in each of paragraphs (1) and (2), by striking Federal Election Commission and inserting Election Assistance Commission ; and (C) by striking paragraph (3). (2) Conforming amendments relating to references \nThe Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20101 et seq. ), as amended by paragraph (1), is amended— (A) by striking handicapped and elderly individuals each place it appears and inserting individuals with disabilities and older individuals ; (B) by striking handicapped and elderly voters each place it appears and inserting individuals with disabilities and older individuals ; (C) in section 3(b)(2)(B), by striking handicapped or elderly voter and inserting individual with a disability or older individual ; (D) in section 5(b), by striking handicapped voter and inserting individual with a disability ; and (E) in section 8— (i) by striking paragraphs (1) and (2) and inserting the following: (1) accessible has the meaning given that term in section 307 of the Help America Vote Act of 2002, as added by section 1102(a) of the Freedom to Vote Act ; (2) older individual has the meaning given that term in such section 307; ; and (ii) by striking paragraph (4), and inserting the following: (4) individual with a disability has the meaning given that term in such section 306; and. (3) Short title amendment \n(A) In general \nSection 1 of the Voting Accessibility for the Elderly and Handicapped Act ( Public Law 98–435 ; 42 U.S.C. 1973ee note) is amended by striking for the Elderly and Handicapped and inserting for Individuals with Disabilities and Older Individuals. (B) References \nAny reference in any other provision of law, regulation, document, paper, or other record of the United States to the Voting Accessibility for the Elderly and Handicapped Act shall be deemed to be a reference to the Voting Accessibility for Individuals with Disabilities and Older Individuals Act. (4) Effective date \nThe amendments made by this subsection shall take effect on January 1, 2026, and shall apply with respect to elections for Federal office held on or after that date.", "id": "HDB9A75342C5A4C9183E7317A6273AB1C", "header": "Protections for in-person voting for individuals with disabilities and older individuals", "nested": [ { "text": "(a) Requirement \n(1) In general \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), and section 1102(a), is amended— (A) by redesignating sections 308 and 309 as sections 309 and 310, respectively; and (B) by inserting after section 307 the following: 308. Access to voting for individuals with disabilities and older individuals \n(a) In general \nEach State shall— (1) ensure all polling places within the State are accessible, as defined in section 306; (2) consider procedures to address long wait times at polling places that allow individuals with disabilities and older individuals alternate options to cast a ballot in person in an election for Federal office, such as the option to cast a ballot outside of the polling place or from a vehicle, or providing an expedited voting line; and (3) consider options to establish mobile polling sites to allow election officials or volunteers to travel to long-term care facilities and assist residents who request assistance in casting a ballot in order to maintain the privacy and independence of voters in those facilities. (b) Clarification \nNothing in this section shall be construed to alter the requirements under Federal law that all polling places for Federal elections are accessible to individuals with disabilities and older individuals. (c) Effective date \nThis section shall apply with respect to elections for Federal office held on or after January 1, 2026.. (2) Voluntary guidance \nSection 321(b)(4) of such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b) and as amended by section 1102(b), is amended by striking and 307 and inserting , 307, and 308. (3) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), and section 1102(c), is amended— (A) by redesignating the items relating to sections 308 and 309 as relating to sections 309 and 310, respectively; and (B) by inserting after the item relating to section 307 the following new item: Sec. 308. Access to voting for individuals with disabilities and older individuals..", "id": "H8072EDF7C4284FF0BAB97DAF3B15994D", "header": "Requirement", "nested": [], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 21101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21101" } ] }, { "text": "(b) Revisions to voting accessibility for the elderly and handicapped Act \n(1) Reports to Election Assistance Commission \nSection 3(c) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(c) ) is amended— (A) in the subsection heading, by striking Federal Election Commission and inserting Election Assistance Commission ; (B) in each of paragraphs (1) and (2), by striking Federal Election Commission and inserting Election Assistance Commission ; and (C) by striking paragraph (3). (2) Conforming amendments relating to references \nThe Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20101 et seq. ), as amended by paragraph (1), is amended— (A) by striking handicapped and elderly individuals each place it appears and inserting individuals with disabilities and older individuals ; (B) by striking handicapped and elderly voters each place it appears and inserting individuals with disabilities and older individuals ; (C) in section 3(b)(2)(B), by striking handicapped or elderly voter and inserting individual with a disability or older individual ; (D) in section 5(b), by striking handicapped voter and inserting individual with a disability ; and (E) in section 8— (i) by striking paragraphs (1) and (2) and inserting the following: (1) accessible has the meaning given that term in section 307 of the Help America Vote Act of 2002, as added by section 1102(a) of the Freedom to Vote Act ; (2) older individual has the meaning given that term in such section 307; ; and (ii) by striking paragraph (4), and inserting the following: (4) individual with a disability has the meaning given that term in such section 306; and. (3) Short title amendment \n(A) In general \nSection 1 of the Voting Accessibility for the Elderly and Handicapped Act ( Public Law 98–435 ; 42 U.S.C. 1973ee note) is amended by striking for the Elderly and Handicapped and inserting for Individuals with Disabilities and Older Individuals. (B) References \nAny reference in any other provision of law, regulation, document, paper, or other record of the United States to the Voting Accessibility for the Elderly and Handicapped Act shall be deemed to be a reference to the Voting Accessibility for Individuals with Disabilities and Older Individuals Act. (4) Effective date \nThe amendments made by this subsection shall take effect on January 1, 2026, and shall apply with respect to elections for Federal office held on or after that date.", "id": "H531FB82FC3E345538589D095DB4319B8", "header": "Revisions to voting accessibility for the elderly and handicapped Act", "nested": [], "links": [ { "text": "52 U.S.C. 20102(c)", "legal-doc": "usc", "parsable-cite": "usc/52/20102" }, { "text": "52 U.S.C. 20101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20101" }, { "text": "Public Law 98–435", "legal-doc": "public-law", "parsable-cite": "pl/98/435" }, { "text": "42 U.S.C. 1973ee", "legal-doc": "usc", "parsable-cite": "usc/42/1973ee" } ] } ], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 21101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21101" }, { "text": "52 U.S.C. 20102(c)", "legal-doc": "usc", "parsable-cite": "usc/52/20102" }, { "text": "52 U.S.C. 20101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20101" }, { "text": "Public Law 98–435", "legal-doc": "public-law", "parsable-cite": "pl/98/435" }, { "text": "42 U.S.C. 1973ee", "legal-doc": "usc", "parsable-cite": "usc/42/1973ee" } ] }, { "text": "308. Access to voting for individuals with disabilities and older individuals \n(a) In general \nEach State shall— (1) ensure all polling places within the State are accessible, as defined in section 306; (2) consider procedures to address long wait times at polling places that allow individuals with disabilities and older individuals alternate options to cast a ballot in person in an election for Federal office, such as the option to cast a ballot outside of the polling place or from a vehicle, or providing an expedited voting line; and (3) consider options to establish mobile polling sites to allow election officials or volunteers to travel to long-term care facilities and assist residents who request assistance in casting a ballot in order to maintain the privacy and independence of voters in those facilities. (b) Clarification \nNothing in this section shall be construed to alter the requirements under Federal law that all polling places for Federal elections are accessible to individuals with disabilities and older individuals. (c) Effective date \nThis section shall apply with respect to elections for Federal office held on or after January 1, 2026.", "id": "H6E5769330A4444E781870D8AE0022BE4", "header": "Access to voting for individuals with disabilities and older individuals", "nested": [ { "text": "(a) In general \nEach State shall— (1) ensure all polling places within the State are accessible, as defined in section 306; (2) consider procedures to address long wait times at polling places that allow individuals with disabilities and older individuals alternate options to cast a ballot in person in an election for Federal office, such as the option to cast a ballot outside of the polling place or from a vehicle, or providing an expedited voting line; and (3) consider options to establish mobile polling sites to allow election officials or volunteers to travel to long-term care facilities and assist residents who request assistance in casting a ballot in order to maintain the privacy and independence of voters in those facilities.", "id": "HEC502A7FAFC64BC39270D5FB567E5D57", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Clarification \nNothing in this section shall be construed to alter the requirements under Federal law that all polling places for Federal elections are accessible to individuals with disabilities and older individuals.", "id": "H5163091935444D93A10A054B6750613B", "header": "Clarification", "nested": [], "links": [] }, { "text": "(c) Effective date \nThis section shall apply with respect to elections for Federal office held on or after January 1, 2026.", "id": "HE8D8E17AEE7E4118BEA60F93C486F2E9", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "1104. Protections for individuals subject to guardianship \n(a) In general \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), and section 1103(a)(1), is amended— (1) by redesignating sections 309 and 310 as sections 310 and 311, respectively; and (2) by inserting after section 308 the following: 309. Protections for individuals subject to guardianship \n(a) In general \nA State shall not determine that an individual lacks the capacity to vote in an election for Federal office on the ground that the individual is subject to guardianship, unless a court of competent jurisdiction issues a court order finding by clear and convincing evidence that the individual cannot communicate, with or without accommodations, a desire to participate in the voting process. (b) Effective date \nThis section shall apply with respect to elections for Federal office held on or after January 1, 2024.. (b) Voluntary guidance \nSection 321(b)(4) of such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b) and as amended by sections 1102 and 1103, is amended by striking and 308 and inserting 308, and 309. (c) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), and section 1103(a)(3), is amended— (1) by redesignating the items relating to sections 309 and 310 as relating to sections 310 and 311, respectively; and (2) by inserting after the item relating to section 308 the following new item: Sec. 309. Protections for individuals subject to guardianship..", "id": "H95E38369A63D4C20AABCC8916E208892", "header": "Protections for individuals subject to guardianship", "nested": [ { "text": "(a) In general \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), and section 1103(a)(1), is amended— (1) by redesignating sections 309 and 310 as sections 310 and 311, respectively; and (2) by inserting after section 308 the following: 309. Protections for individuals subject to guardianship \n(a) In general \nA State shall not determine that an individual lacks the capacity to vote in an election for Federal office on the ground that the individual is subject to guardianship, unless a court of competent jurisdiction issues a court order finding by clear and convincing evidence that the individual cannot communicate, with or without accommodations, a desire to participate in the voting process. (b) Effective date \nThis section shall apply with respect to elections for Federal office held on or after January 1, 2024..", "id": "H0FE1664DA23E49BE8DA69B600892E38D", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "(b) Voluntary guidance \nSection 321(b)(4) of such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b) and as amended by sections 1102 and 1103, is amended by striking and 308 and inserting 308, and 309.", "id": "HEB9B4366EC5B4808A4C1B4FB264475A7", "header": "Voluntary guidance", "nested": [], "links": [ { "text": "52 U.S.C. 21101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21101" } ] }, { "text": "(c) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), and section 1103(a)(3), is amended— (1) by redesignating the items relating to sections 309 and 310 as relating to sections 310 and 311, respectively; and (2) by inserting after the item relating to section 308 the following new item: Sec. 309. Protections for individuals subject to guardianship..", "id": "H784993D22A7B4DB0B0ED51DC2A5993A0", "header": "Clerical amendments", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 21101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21101" } ] }, { "text": "309. Protections for individuals subject to guardianship \n(a) In general \nA State shall not determine that an individual lacks the capacity to vote in an election for Federal office on the ground that the individual is subject to guardianship, unless a court of competent jurisdiction issues a court order finding by clear and convincing evidence that the individual cannot communicate, with or without accommodations, a desire to participate in the voting process. (b) Effective date \nThis section shall apply with respect to elections for Federal office held on or after January 1, 2024.", "id": "H4F084F1D30284C1CACDB68267414178A", "header": "Protections for individuals subject to guardianship", "nested": [ { "text": "(a) In general \nA State shall not determine that an individual lacks the capacity to vote in an election for Federal office on the ground that the individual is subject to guardianship, unless a court of competent jurisdiction issues a court order finding by clear and convincing evidence that the individual cannot communicate, with or without accommodations, a desire to participate in the voting process.", "id": "H7E3FF891D0004AB7AD24D6783C47AA96", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThis section shall apply with respect to elections for Federal office held on or after January 1, 2024.", "id": "HA38E53B0864440969C3E54AA629111D2", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "1105. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities \n(a) Purposes of payments \nSection 261(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21021(b) ) is amended by striking paragraphs (1) and (2) and inserting the following: (1) making absentee voting and voting at home accessible to individuals with the full range of disabilities (including impairments involving vision, hearing, mobility, or dexterity) through the implementation of accessible absentee voting systems that work in conjunction with assistive technologies for which individuals have access at their homes, independent living centers, or other facilities; (2) making polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and (3) providing solutions to problems of access to voting and elections for individuals with disabilities that are universally designed and provide the same opportunities for individuals with and without disabilities.. (b) Reauthorization \nSection 264(a) of such Act ( 52 U.S.C. 21024(a) ) is amended by adding at the end the following new paragraph: (4) For fiscal year 2024 and each succeeding fiscal year, such sums as may be necessary to carry out this part.. (c) Period of availability of funds \nSection 264 of such Act ( 52 U.S.C. 21024 ) is amended— (1) in subsection (b), by striking Any amounts and inserting Except as provided in subsection (c), any amounts ; and (2) by adding at the end the following new subsection: (c) Return and transfer of certain funds \n(1) Deadline for obligation and expenditure \nIn the case of any amounts appropriated pursuant to the authority of subsection (a) for a payment to a State or unit of local government for fiscal year 2024 or any succeeding fiscal year, any portion of such amounts which have not been obligated or expended by the State or unit of local government prior to the expiration of the 4-year period that begins on the date the State or unit of local government first received the amounts shall be transferred to the Commission. (2) Reallocation of transferred amounts \n(A) In general \nThe Commission shall use the amounts transferred under paragraph (1) to make payments on a pro rata basis to each covered payment recipient described in subparagraph (B), which may obligate and expend such payment for the purposes described in section 261(b) during the 1-year period which begins on the date of receipt. (B) Covered payment recipients described \nIn subparagraph (A), a covered payment recipient is a State or unit of local government with respect to which— (i) amounts were appropriated pursuant to the authority of subsection (a); and (ii) no amounts were transferred to the Commission under paragraph (1)..", "id": "H5DBC7187C25349788DC2BF435C73EE7E", "header": "Expansion and reauthorization of grant program to assure voting access for individuals with disabilities", "nested": [ { "text": "(a) Purposes of payments \nSection 261(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21021(b) ) is amended by striking paragraphs (1) and (2) and inserting the following: (1) making absentee voting and voting at home accessible to individuals with the full range of disabilities (including impairments involving vision, hearing, mobility, or dexterity) through the implementation of accessible absentee voting systems that work in conjunction with assistive technologies for which individuals have access at their homes, independent living centers, or other facilities; (2) making polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and (3) providing solutions to problems of access to voting and elections for individuals with disabilities that are universally designed and provide the same opportunities for individuals with and without disabilities..", "id": "H7DDE0057417947498BCA6C3B50709A33", "header": "Purposes of payments", "nested": [], "links": [ { "text": "52 U.S.C. 21021(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21021" } ] }, { "text": "(b) Reauthorization \nSection 264(a) of such Act ( 52 U.S.C. 21024(a) ) is amended by adding at the end the following new paragraph: (4) For fiscal year 2024 and each succeeding fiscal year, such sums as may be necessary to carry out this part..", "id": "H707FBF04E6B5449C8275A9210ABD78EE", "header": "Reauthorization", "nested": [], "links": [ { "text": "52 U.S.C. 21024(a)", "legal-doc": "usc", "parsable-cite": "usc/52/21024" } ] }, { "text": "(c) Period of availability of funds \nSection 264 of such Act ( 52 U.S.C. 21024 ) is amended— (1) in subsection (b), by striking Any amounts and inserting Except as provided in subsection (c), any amounts ; and (2) by adding at the end the following new subsection: (c) Return and transfer of certain funds \n(1) Deadline for obligation and expenditure \nIn the case of any amounts appropriated pursuant to the authority of subsection (a) for a payment to a State or unit of local government for fiscal year 2024 or any succeeding fiscal year, any portion of such amounts which have not been obligated or expended by the State or unit of local government prior to the expiration of the 4-year period that begins on the date the State or unit of local government first received the amounts shall be transferred to the Commission. (2) Reallocation of transferred amounts \n(A) In general \nThe Commission shall use the amounts transferred under paragraph (1) to make payments on a pro rata basis to each covered payment recipient described in subparagraph (B), which may obligate and expend such payment for the purposes described in section 261(b) during the 1-year period which begins on the date of receipt. (B) Covered payment recipients described \nIn subparagraph (A), a covered payment recipient is a State or unit of local government with respect to which— (i) amounts were appropriated pursuant to the authority of subsection (a); and (ii) no amounts were transferred to the Commission under paragraph (1)..", "id": "H6C5D1E9569594D10BFAED092BE9847E1", "header": "Period of availability of funds", "nested": [], "links": [ { "text": "52 U.S.C. 21024", "legal-doc": "usc", "parsable-cite": "usc/52/21024" } ] } ], "links": [ { "text": "52 U.S.C. 21021(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21021" }, { "text": "52 U.S.C. 21024(a)", "legal-doc": "usc", "parsable-cite": "usc/52/21024" }, { "text": "52 U.S.C. 21024", "legal-doc": "usc", "parsable-cite": "usc/52/21024" } ] }, { "text": "1106. Pilot programs for enabling individuals with disabilities to register to vote privately and independently at residences \n(a) Establishment of pilot programs \nThe Election Assistance Commission (hereafter referred to as the Commission ) shall, subject to the availability of appropriations to carry out this section, make grants to eligible States to conduct pilot programs under which individuals with disabilities may use electronic means (including the internet and telephones utilizing assistive devices) to register to vote and to request and receive absentee ballots in a manner which permits such individuals to do so privately and independently at their own residences. (b) Reports \n(1) In general \nA State receiving a grant for a year under this section shall submit a report to the Commission on the pilot programs the State carried out with the grant with respect to elections for public office held in the State during the year. (2) Deadline \nA State shall submit a report under paragraph (1) not later than 90 days after the last election for public office held in the State during the year. (c) Eligibility \nA State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing such information and assurances as the Commission may require. (d) Timing \nThe Commission shall make the first grants under this section for pilot programs which will be in effect with respect to elections for Federal office held in 2024, or, at the option of a State, with respect to other elections for public office held in the State in 2024. (e) State defined \nIn this section, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.", "id": "HE918479266F64BFD8820149F8198213B", "header": "Pilot programs for enabling individuals with disabilities to register to vote privately and independently at residences", "nested": [ { "text": "(a) Establishment of pilot programs \nThe Election Assistance Commission (hereafter referred to as the Commission ) shall, subject to the availability of appropriations to carry out this section, make grants to eligible States to conduct pilot programs under which individuals with disabilities may use electronic means (including the internet and telephones utilizing assistive devices) to register to vote and to request and receive absentee ballots in a manner which permits such individuals to do so privately and independently at their own residences.", "id": "HA844F880C6924083B6443B171890FBC4", "header": "Establishment of pilot programs", "nested": [], "links": [] }, { "text": "(b) Reports \n(1) In general \nA State receiving a grant for a year under this section shall submit a report to the Commission on the pilot programs the State carried out with the grant with respect to elections for public office held in the State during the year. (2) Deadline \nA State shall submit a report under paragraph (1) not later than 90 days after the last election for public office held in the State during the year.", "id": "H1723751E186A40FF83B8AC94DE104C81", "header": "Reports", "nested": [], "links": [] }, { "text": "(c) Eligibility \nA State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing such information and assurances as the Commission may require.", "id": "H9771F66CA5E8495EA009A6B07D948B53", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(d) Timing \nThe Commission shall make the first grants under this section for pilot programs which will be in effect with respect to elections for Federal office held in 2024, or, at the option of a State, with respect to other elections for public office held in the State in 2024.", "id": "H08F1F4A9B3DF468FAE4DFCD903682594", "header": "Timing", "nested": [], "links": [] }, { "text": "(e) State defined \nIn this section, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.", "id": "HD0627764F12740DA8F4B66A95595BCD0", "header": "State defined", "nested": [], "links": [] } ], "links": [] }, { "text": "1107. GAO analysis and report on voting access for individuals with disabilities \n(a) Analysis \nThe Comptroller General of the United States shall conduct an analysis after each regularly scheduled general election for Federal office with respect to the following: (1) In relation to polling places located in houses of worship or other facilities that may be exempt from accessibility requirements under the Americans with Disabilities Act— (A) efforts to overcome accessibility challenges posed by such facilities; and (B) the extent to which such facilities are used as polling places in elections for Federal office. (2) Assistance provided by the Election Assistance Commission, Department of Justice, or other Federal agencies to help State and local officials improve voting access for individuals with disabilities during elections for Federal office. (3) When accessible voting machines are available at a polling place, the extent to which such machines— (A) are located in places that are difficult to access; (B) malfunction; or (C) fail to provide sufficient privacy to ensure that the ballot of the individual cannot be seen by another individual. (4) The process by which Federal, State, and local governments track compliance with accessibility requirements related to voting access, including methods to receive and address complaints. (5) The extent to which poll workers receive training on how to assist individuals with disabilities, including the receipt by such poll workers of information on legal requirements related to voting rights for individuals with disabilities. (6) The extent and effectiveness of training provided to poll workers on the operation of accessible voting machines. (7) The extent to which individuals with a developmental or psychiatric disability experience greater barriers to voting, and whether poll worker training adequately addresses the needs of such individuals. (8) The extent to which State or local governments employ, or attempt to employ, individuals with disabilities to work at polling sites. (b) Report \n(1) In general \nNot later than 9 months after the date of a regularly scheduled general election for Federal office, the Comptroller General shall submit to the appropriate congressional committees a report with respect to the most recent regularly scheduled general election for Federal office that contains the following: (A) The analysis required by subsection (a). (B) Recommendations, as appropriate, to promote the use of best practices used by State and local officials to address barriers to accessibility and privacy concerns for individuals with disabilities in elections for Federal office. (2) Appropriate congressional committees \nFor purposes of this subsection, the 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 Appropriations of the House of Representatives; and (D) the Committee on Appropriations of the Senate.", "id": "H5F1732E4139649B797A34E3EE2385C83", "header": "GAO analysis and report on voting access for individuals with disabilities", "nested": [ { "text": "(a) Analysis \nThe Comptroller General of the United States shall conduct an analysis after each regularly scheduled general election for Federal office with respect to the following: (1) In relation to polling places located in houses of worship or other facilities that may be exempt from accessibility requirements under the Americans with Disabilities Act— (A) efforts to overcome accessibility challenges posed by such facilities; and (B) the extent to which such facilities are used as polling places in elections for Federal office. (2) Assistance provided by the Election Assistance Commission, Department of Justice, or other Federal agencies to help State and local officials improve voting access for individuals with disabilities during elections for Federal office. (3) When accessible voting machines are available at a polling place, the extent to which such machines— (A) are located in places that are difficult to access; (B) malfunction; or (C) fail to provide sufficient privacy to ensure that the ballot of the individual cannot be seen by another individual. (4) The process by which Federal, State, and local governments track compliance with accessibility requirements related to voting access, including methods to receive and address complaints. (5) The extent to which poll workers receive training on how to assist individuals with disabilities, including the receipt by such poll workers of information on legal requirements related to voting rights for individuals with disabilities. (6) The extent and effectiveness of training provided to poll workers on the operation of accessible voting machines. (7) The extent to which individuals with a developmental or psychiatric disability experience greater barriers to voting, and whether poll worker training adequately addresses the needs of such individuals. (8) The extent to which State or local governments employ, or attempt to employ, individuals with disabilities to work at polling sites.", "id": "H075CCEE5069F426FA930FF29A0162273", "header": "Analysis", "nested": [], "links": [] }, { "text": "(b) Report \n(1) In general \nNot later than 9 months after the date of a regularly scheduled general election for Federal office, the Comptroller General shall submit to the appropriate congressional committees a report with respect to the most recent regularly scheduled general election for Federal office that contains the following: (A) The analysis required by subsection (a). (B) Recommendations, as appropriate, to promote the use of best practices used by State and local officials to address barriers to accessibility and privacy concerns for individuals with disabilities in elections for Federal office. (2) Appropriate congressional committees \nFor purposes of this subsection, the 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 Appropriations of the House of Representatives; and (D) the Committee on Appropriations of the Senate.", "id": "HD5F5AE6FA93A4D44A72F26DF46F6BAB2", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "1201. Early voting \n(a) Requirements \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), and section 1104(a), is amended— (1) by redesignating sections 310 and 311 as sections 311 and 312, respectively; and (2) by inserting after section 309 the following new section: 310. Early voting \n(a) Requiring voting prior to date of election \nEach election jurisdiction shall allow individuals to vote in an election for Federal office during an early voting period which occurs prior to the date of the election, in a manner that allows the individual to receive, complete, and cast their ballot in person. (b) Minimum early voting requirements \n(1) In general \n(A) Length of period \nThe early voting period required under this subsection with respect to an election shall consist of a period of consecutive days (including weekends) which begins on the 15th day before the date of the election (or, at the option of the State, on a day prior to the 15th day before the date of the election) and ends no earlier than the second day before the date of the election. (B) Hours for early voting \nEach polling place which allows voting during an early voting period under subparagraph (A) shall— (i) allow such voting for no less than 10 hours on each day during the period; (ii) have uniform hours each day for which such voting occurs; and (iii) allow such voting to be held for some period of time prior to 9:00 a.m. (local time) and some period of time after 5:00 p.m. (local time). (2) Requirements for vote-by-mail jurisdictions \nIn the case of a jurisdiction that sends every registered voter a ballot by mail— (A) paragraph (1) shall not apply; (B) such jurisdiction shall allow eligible individuals to vote during an early voting period that ensures voters are provided the greatest opportunity to cast ballots ahead of Election Day and which includes at least one consecutive Saturday and Sunday; and (C) each polling place which allows voting during an early voting period under subparagraph (B) shall allow such voting— (i) during the election office’s regular business hours; and (ii) for a period of not less than 8 hours on Saturdays and Sundays included in the early voting period. (3) Requirements for small jurisdictions \n(A) In general \nIn the case of a jurisdiction described in subparagraph (B), paragraph (1)(B) shall not apply so long as all eligible individuals in the jurisdiction have the opportunity to vote— (i) at each polling place which allows voting during the early voting period described in paragraph (1)(A)— (I) during the election office’s regular business hours; and (II) for a period of not less than 8 hours on at least one Saturday and at least one Sunday included in the early voting period; or (ii) at 1 or more polling places in the county in which such jurisdiction is located that allows voting during the early voting period described in paragraph (1)(A) in accordance with the requirements under paragraph (1)(B). (B) Jurisdiction described \nA jurisdiction is described in this subparagraph if such jurisdiction— (i) had less than 3,000 registered voters at the time of the most recent prior election for Federal office; and (ii) consists of a geographic area that is smaller than the jurisdiction of the county in which such jurisdiction is located. (4) Rule of construction \nNothing in this subsection shall be construed— (A) to limit the availability of additional temporary voting sites which provide voters more opportunities to cast their ballots but which do not meet the requirements of this subsection; (B) to limit a polling place from being open for additional hours outside of the uniform hours set for the polling location on any day of the early voting period; or (C) to limit a State or jurisdiction from offering early voting on the Monday before Election Day. (c) Availability of polling places \nTo the greatest extent practicable, each State and jurisdiction shall— (1) ensure that there are an appropriate number of polling places which allow voting during an early voting period; and (2) ensure that such polling places provide the greatest opportunity for residents of the jurisdiction to vote. (d) Location of polling places \n(1) Proximity to public transportation \nTo the greatest extent practicable, each State and jurisdiction shall ensure that each polling place which allows voting during an early voting period under subsection (b) is located within walking distance of a stop on a public transportation route. (2) Availability in rural areas \nIn the case of a jurisdiction that includes a rural area, the State or jurisdiction shall— (A) ensure that an appropriate number of polling places, but not less than 1, that allow voting during an early voting period under subsection (b) will be located in such rural areas; and (B) ensure that such polling places are located in communities which will provide the greatest opportunity for residents of rural areas to vote during the early voting period. (3) Campuses of institutions of higher education \nIn the case of a jurisdiction that is not considered a vote by mail jurisdiction described in subsection (b)(2) or a small jurisdiction described in subsection (b)(3) and that includes an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), including a branch campus of such an institution, the State or jurisdiction shall— (A) ensure that an appropriate number of polling places, but not less than 1, that allow voting during the early voting period under subsection (b) will be located on the physical campus of each such institution, including each such branch campus; and (B) ensure that such polling places provide the greatest opportunity for residents of the jurisdiction to vote. (e) Standards \nNot later than June 30, 2024, the Commission shall issue voluntary standards for the administration of voting during voting periods which occur prior to the date of a Federal election. Subject to subsection (d), such voluntary standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs. (f) Ballot processing and scanning requirements \n(1) In general \nEach State or jurisdiction shall begin processing and scanning ballots cast during in-person early voting for tabulation not later than the date that is 14 days prior to the date of the election involved, except that a State or jurisdiction may begin processing and scanning ballots cast during in-person early voting for tabulation after such date if the date on which the State or jurisdiction begins such processing and scanning ensures, to the greatest extent practical, that ballots cast before the date of the election are processed and scanned before the date of the election. (2) Limitation \nNothing in this subsection shall be construed— (A) to permit a State or jurisdiction to tabulate ballots in an election before the closing of the polls on the date of the election unless such tabulation is a necessary component of preprocessing in the State or jurisdiction and is performed in accordance with existing State law; or (B) to permit an official to make public any results of tabulation and processing before the closing of the polls on the date of the election. (g) Effective date \nThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office.. (b) Conforming amendments relating to issuance of voluntary guidance by Election Assistance Commission \nSection 321(b) of such Act ( 52 U.S.C. 21101(b) ), as redesignated and amended by section 1101(b), is amended— (1) by striking and at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ; and ; and (3) by adding at the end the following new paragraph: (5) except as provided in paragraph (4), in the case of the recommendations with respect to any section added by the Freedom to Vote Act , June 30, 2024.. (c) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), and section 1104(c), is amended— (1) by redesignating the items relating to sections 310 and 311 as relating to sections 311 and 312, respectively; and (2) by inserting after the item relating to section 309 the following new item: Sec. 310. Early voting..", "id": "H835B4BDBFB34404FA8468C37D9258E93", "header": "Early voting", "nested": [ { "text": "(a) Requirements \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), and section 1104(a), is amended— (1) by redesignating sections 310 and 311 as sections 311 and 312, respectively; and (2) by inserting after section 309 the following new section: 310. Early voting \n(a) Requiring voting prior to date of election \nEach election jurisdiction shall allow individuals to vote in an election for Federal office during an early voting period which occurs prior to the date of the election, in a manner that allows the individual to receive, complete, and cast their ballot in person. (b) Minimum early voting requirements \n(1) In general \n(A) Length of period \nThe early voting period required under this subsection with respect to an election shall consist of a period of consecutive days (including weekends) which begins on the 15th day before the date of the election (or, at the option of the State, on a day prior to the 15th day before the date of the election) and ends no earlier than the second day before the date of the election. (B) Hours for early voting \nEach polling place which allows voting during an early voting period under subparagraph (A) shall— (i) allow such voting for no less than 10 hours on each day during the period; (ii) have uniform hours each day for which such voting occurs; and (iii) allow such voting to be held for some period of time prior to 9:00 a.m. (local time) and some period of time after 5:00 p.m. (local time). (2) Requirements for vote-by-mail jurisdictions \nIn the case of a jurisdiction that sends every registered voter a ballot by mail— (A) paragraph (1) shall not apply; (B) such jurisdiction shall allow eligible individuals to vote during an early voting period that ensures voters are provided the greatest opportunity to cast ballots ahead of Election Day and which includes at least one consecutive Saturday and Sunday; and (C) each polling place which allows voting during an early voting period under subparagraph (B) shall allow such voting— (i) during the election office’s regular business hours; and (ii) for a period of not less than 8 hours on Saturdays and Sundays included in the early voting period. (3) Requirements for small jurisdictions \n(A) In general \nIn the case of a jurisdiction described in subparagraph (B), paragraph (1)(B) shall not apply so long as all eligible individuals in the jurisdiction have the opportunity to vote— (i) at each polling place which allows voting during the early voting period described in paragraph (1)(A)— (I) during the election office’s regular business hours; and (II) for a period of not less than 8 hours on at least one Saturday and at least one Sunday included in the early voting period; or (ii) at 1 or more polling places in the county in which such jurisdiction is located that allows voting during the early voting period described in paragraph (1)(A) in accordance with the requirements under paragraph (1)(B). (B) Jurisdiction described \nA jurisdiction is described in this subparagraph if such jurisdiction— (i) had less than 3,000 registered voters at the time of the most recent prior election for Federal office; and (ii) consists of a geographic area that is smaller than the jurisdiction of the county in which such jurisdiction is located. (4) Rule of construction \nNothing in this subsection shall be construed— (A) to limit the availability of additional temporary voting sites which provide voters more opportunities to cast their ballots but which do not meet the requirements of this subsection; (B) to limit a polling place from being open for additional hours outside of the uniform hours set for the polling location on any day of the early voting period; or (C) to limit a State or jurisdiction from offering early voting on the Monday before Election Day. (c) Availability of polling places \nTo the greatest extent practicable, each State and jurisdiction shall— (1) ensure that there are an appropriate number of polling places which allow voting during an early voting period; and (2) ensure that such polling places provide the greatest opportunity for residents of the jurisdiction to vote. (d) Location of polling places \n(1) Proximity to public transportation \nTo the greatest extent practicable, each State and jurisdiction shall ensure that each polling place which allows voting during an early voting period under subsection (b) is located within walking distance of a stop on a public transportation route. (2) Availability in rural areas \nIn the case of a jurisdiction that includes a rural area, the State or jurisdiction shall— (A) ensure that an appropriate number of polling places, but not less than 1, that allow voting during an early voting period under subsection (b) will be located in such rural areas; and (B) ensure that such polling places are located in communities which will provide the greatest opportunity for residents of rural areas to vote during the early voting period. (3) Campuses of institutions of higher education \nIn the case of a jurisdiction that is not considered a vote by mail jurisdiction described in subsection (b)(2) or a small jurisdiction described in subsection (b)(3) and that includes an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), including a branch campus of such an institution, the State or jurisdiction shall— (A) ensure that an appropriate number of polling places, but not less than 1, that allow voting during the early voting period under subsection (b) will be located on the physical campus of each such institution, including each such branch campus; and (B) ensure that such polling places provide the greatest opportunity for residents of the jurisdiction to vote. (e) Standards \nNot later than June 30, 2024, the Commission shall issue voluntary standards for the administration of voting during voting periods which occur prior to the date of a Federal election. Subject to subsection (d), such voluntary standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs. (f) Ballot processing and scanning requirements \n(1) In general \nEach State or jurisdiction shall begin processing and scanning ballots cast during in-person early voting for tabulation not later than the date that is 14 days prior to the date of the election involved, except that a State or jurisdiction may begin processing and scanning ballots cast during in-person early voting for tabulation after such date if the date on which the State or jurisdiction begins such processing and scanning ensures, to the greatest extent practical, that ballots cast before the date of the election are processed and scanned before the date of the election. (2) Limitation \nNothing in this subsection shall be construed— (A) to permit a State or jurisdiction to tabulate ballots in an election before the closing of the polls on the date of the election unless such tabulation is a necessary component of preprocessing in the State or jurisdiction and is performed in accordance with existing State law; or (B) to permit an official to make public any results of tabulation and processing before the closing of the polls on the date of the election. (g) Effective date \nThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office..", "id": "HFEBB28E546494E25B4AA837FE16358D4", "header": "Requirements", "nested": [], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] }, { "text": "(b) Conforming amendments relating to issuance of voluntary guidance by Election Assistance Commission \nSection 321(b) of such Act ( 52 U.S.C. 21101(b) ), as redesignated and amended by section 1101(b), is amended— (1) by striking and at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ; and ; and (3) by adding at the end the following new paragraph: (5) except as provided in paragraph (4), in the case of the recommendations with respect to any section added by the Freedom to Vote Act , June 30, 2024..", "id": "HD7036BA5A7FB4205ACDE88C47D14EE79", "header": "Conforming amendments relating to issuance of voluntary guidance by Election Assistance Commission", "nested": [], "links": [ { "text": "52 U.S.C. 21101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21101" } ] }, { "text": "(c) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), and section 1104(c), is amended— (1) by redesignating the items relating to sections 310 and 311 as relating to sections 311 and 312, respectively; and (2) by inserting after the item relating to section 309 the following new item: Sec. 310. Early voting..", "id": "H25AB2138843048C580FB684FE4F2BBDA", "header": "Clerical amendments", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "52 U.S.C. 21101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21101" } ] }, { "text": "310. Early voting \n(a) Requiring voting prior to date of election \nEach election jurisdiction shall allow individuals to vote in an election for Federal office during an early voting period which occurs prior to the date of the election, in a manner that allows the individual to receive, complete, and cast their ballot in person. (b) Minimum early voting requirements \n(1) In general \n(A) Length of period \nThe early voting period required under this subsection with respect to an election shall consist of a period of consecutive days (including weekends) which begins on the 15th day before the date of the election (or, at the option of the State, on a day prior to the 15th day before the date of the election) and ends no earlier than the second day before the date of the election. (B) Hours for early voting \nEach polling place which allows voting during an early voting period under subparagraph (A) shall— (i) allow such voting for no less than 10 hours on each day during the period; (ii) have uniform hours each day for which such voting occurs; and (iii) allow such voting to be held for some period of time prior to 9:00 a.m. (local time) and some period of time after 5:00 p.m. (local time). (2) Requirements for vote-by-mail jurisdictions \nIn the case of a jurisdiction that sends every registered voter a ballot by mail— (A) paragraph (1) shall not apply; (B) such jurisdiction shall allow eligible individuals to vote during an early voting period that ensures voters are provided the greatest opportunity to cast ballots ahead of Election Day and which includes at least one consecutive Saturday and Sunday; and (C) each polling place which allows voting during an early voting period under subparagraph (B) shall allow such voting— (i) during the election office’s regular business hours; and (ii) for a period of not less than 8 hours on Saturdays and Sundays included in the early voting period. (3) Requirements for small jurisdictions \n(A) In general \nIn the case of a jurisdiction described in subparagraph (B), paragraph (1)(B) shall not apply so long as all eligible individuals in the jurisdiction have the opportunity to vote— (i) at each polling place which allows voting during the early voting period described in paragraph (1)(A)— (I) during the election office’s regular business hours; and (II) for a period of not less than 8 hours on at least one Saturday and at least one Sunday included in the early voting period; or (ii) at 1 or more polling places in the county in which such jurisdiction is located that allows voting during the early voting period described in paragraph (1)(A) in accordance with the requirements under paragraph (1)(B). (B) Jurisdiction described \nA jurisdiction is described in this subparagraph if such jurisdiction— (i) had less than 3,000 registered voters at the time of the most recent prior election for Federal office; and (ii) consists of a geographic area that is smaller than the jurisdiction of the county in which such jurisdiction is located. (4) Rule of construction \nNothing in this subsection shall be construed— (A) to limit the availability of additional temporary voting sites which provide voters more opportunities to cast their ballots but which do not meet the requirements of this subsection; (B) to limit a polling place from being open for additional hours outside of the uniform hours set for the polling location on any day of the early voting period; or (C) to limit a State or jurisdiction from offering early voting on the Monday before Election Day. (c) Availability of polling places \nTo the greatest extent practicable, each State and jurisdiction shall— (1) ensure that there are an appropriate number of polling places which allow voting during an early voting period; and (2) ensure that such polling places provide the greatest opportunity for residents of the jurisdiction to vote. (d) Location of polling places \n(1) Proximity to public transportation \nTo the greatest extent practicable, each State and jurisdiction shall ensure that each polling place which allows voting during an early voting period under subsection (b) is located within walking distance of a stop on a public transportation route. (2) Availability in rural areas \nIn the case of a jurisdiction that includes a rural area, the State or jurisdiction shall— (A) ensure that an appropriate number of polling places, but not less than 1, that allow voting during an early voting period under subsection (b) will be located in such rural areas; and (B) ensure that such polling places are located in communities which will provide the greatest opportunity for residents of rural areas to vote during the early voting period. (3) Campuses of institutions of higher education \nIn the case of a jurisdiction that is not considered a vote by mail jurisdiction described in subsection (b)(2) or a small jurisdiction described in subsection (b)(3) and that includes an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), including a branch campus of such an institution, the State or jurisdiction shall— (A) ensure that an appropriate number of polling places, but not less than 1, that allow voting during the early voting period under subsection (b) will be located on the physical campus of each such institution, including each such branch campus; and (B) ensure that such polling places provide the greatest opportunity for residents of the jurisdiction to vote. (e) Standards \nNot later than June 30, 2024, the Commission shall issue voluntary standards for the administration of voting during voting periods which occur prior to the date of a Federal election. Subject to subsection (d), such voluntary standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs. (f) Ballot processing and scanning requirements \n(1) In general \nEach State or jurisdiction shall begin processing and scanning ballots cast during in-person early voting for tabulation not later than the date that is 14 days prior to the date of the election involved, except that a State or jurisdiction may begin processing and scanning ballots cast during in-person early voting for tabulation after such date if the date on which the State or jurisdiction begins such processing and scanning ensures, to the greatest extent practical, that ballots cast before the date of the election are processed and scanned before the date of the election. (2) Limitation \nNothing in this subsection shall be construed— (A) to permit a State or jurisdiction to tabulate ballots in an election before the closing of the polls on the date of the election unless such tabulation is a necessary component of preprocessing in the State or jurisdiction and is performed in accordance with existing State law; or (B) to permit an official to make public any results of tabulation and processing before the closing of the polls on the date of the election. (g) Effective date \nThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office.", "id": "HE433F87265A94960B9DDCFEF5BE86382", "header": "Early voting", "nested": [ { "text": "(a) Requiring voting prior to date of election \nEach election jurisdiction shall allow individuals to vote in an election for Federal office during an early voting period which occurs prior to the date of the election, in a manner that allows the individual to receive, complete, and cast their ballot in person.", "id": "HA8EA9A6612B74B1682E9018614BADDA7", "header": "Requiring voting prior to date of election", "nested": [], "links": [] }, { "text": "(b) Minimum early voting requirements \n(1) In general \n(A) Length of period \nThe early voting period required under this subsection with respect to an election shall consist of a period of consecutive days (including weekends) which begins on the 15th day before the date of the election (or, at the option of the State, on a day prior to the 15th day before the date of the election) and ends no earlier than the second day before the date of the election. (B) Hours for early voting \nEach polling place which allows voting during an early voting period under subparagraph (A) shall— (i) allow such voting for no less than 10 hours on each day during the period; (ii) have uniform hours each day for which such voting occurs; and (iii) allow such voting to be held for some period of time prior to 9:00 a.m. (local time) and some period of time after 5:00 p.m. (local time). (2) Requirements for vote-by-mail jurisdictions \nIn the case of a jurisdiction that sends every registered voter a ballot by mail— (A) paragraph (1) shall not apply; (B) such jurisdiction shall allow eligible individuals to vote during an early voting period that ensures voters are provided the greatest opportunity to cast ballots ahead of Election Day and which includes at least one consecutive Saturday and Sunday; and (C) each polling place which allows voting during an early voting period under subparagraph (B) shall allow such voting— (i) during the election office’s regular business hours; and (ii) for a period of not less than 8 hours on Saturdays and Sundays included in the early voting period. (3) Requirements for small jurisdictions \n(A) In general \nIn the case of a jurisdiction described in subparagraph (B), paragraph (1)(B) shall not apply so long as all eligible individuals in the jurisdiction have the opportunity to vote— (i) at each polling place which allows voting during the early voting period described in paragraph (1)(A)— (I) during the election office’s regular business hours; and (II) for a period of not less than 8 hours on at least one Saturday and at least one Sunday included in the early voting period; or (ii) at 1 or more polling places in the county in which such jurisdiction is located that allows voting during the early voting period described in paragraph (1)(A) in accordance with the requirements under paragraph (1)(B). (B) Jurisdiction described \nA jurisdiction is described in this subparagraph if such jurisdiction— (i) had less than 3,000 registered voters at the time of the most recent prior election for Federal office; and (ii) consists of a geographic area that is smaller than the jurisdiction of the county in which such jurisdiction is located. (4) Rule of construction \nNothing in this subsection shall be construed— (A) to limit the availability of additional temporary voting sites which provide voters more opportunities to cast their ballots but which do not meet the requirements of this subsection; (B) to limit a polling place from being open for additional hours outside of the uniform hours set for the polling location on any day of the early voting period; or (C) to limit a State or jurisdiction from offering early voting on the Monday before Election Day.", "id": "H1B6D0648BA9144A5884945D95D580A09", "header": "Minimum early voting requirements", "nested": [], "links": [] }, { "text": "(c) Availability of polling places \nTo the greatest extent practicable, each State and jurisdiction shall— (1) ensure that there are an appropriate number of polling places which allow voting during an early voting period; and (2) ensure that such polling places provide the greatest opportunity for residents of the jurisdiction to vote.", "id": "H49F5A20BFBF642B688FE2C2E53F2213A", "header": "Availability of polling places", "nested": [], "links": [] }, { "text": "(d) Location of polling places \n(1) Proximity to public transportation \nTo the greatest extent practicable, each State and jurisdiction shall ensure that each polling place which allows voting during an early voting period under subsection (b) is located within walking distance of a stop on a public transportation route. (2) Availability in rural areas \nIn the case of a jurisdiction that includes a rural area, the State or jurisdiction shall— (A) ensure that an appropriate number of polling places, but not less than 1, that allow voting during an early voting period under subsection (b) will be located in such rural areas; and (B) ensure that such polling places are located in communities which will provide the greatest opportunity for residents of rural areas to vote during the early voting period. (3) Campuses of institutions of higher education \nIn the case of a jurisdiction that is not considered a vote by mail jurisdiction described in subsection (b)(2) or a small jurisdiction described in subsection (b)(3) and that includes an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), including a branch campus of such an institution, the State or jurisdiction shall— (A) ensure that an appropriate number of polling places, but not less than 1, that allow voting during the early voting period under subsection (b) will be located on the physical campus of each such institution, including each such branch campus; and (B) ensure that such polling places provide the greatest opportunity for residents of the jurisdiction to vote.", "id": "HAC8BC71FF3A642ACA27EEFC868537A3B", "header": "Location of polling places", "nested": [], "links": [ { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] }, { "text": "(e) Standards \nNot later than June 30, 2024, the Commission shall issue voluntary standards for the administration of voting during voting periods which occur prior to the date of a Federal election. Subject to subsection (d), such voluntary standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs.", "id": "H8FC53F245B33419FB453376F9059E5F7", "header": "Standards", "nested": [], "links": [] }, { "text": "(f) Ballot processing and scanning requirements \n(1) In general \nEach State or jurisdiction shall begin processing and scanning ballots cast during in-person early voting for tabulation not later than the date that is 14 days prior to the date of the election involved, except that a State or jurisdiction may begin processing and scanning ballots cast during in-person early voting for tabulation after such date if the date on which the State or jurisdiction begins such processing and scanning ensures, to the greatest extent practical, that ballots cast before the date of the election are processed and scanned before the date of the election. (2) Limitation \nNothing in this subsection shall be construed— (A) to permit a State or jurisdiction to tabulate ballots in an election before the closing of the polls on the date of the election unless such tabulation is a necessary component of preprocessing in the State or jurisdiction and is performed in accordance with existing State law; or (B) to permit an official to make public any results of tabulation and processing before the closing of the polls on the date of the election.", "id": "H63C09589A559406585FDBD27F6169C30", "header": "Ballot processing and scanning requirements", "nested": [], "links": [] }, { "text": "(g) Effective date \nThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office.", "id": "HD30D9F649C00409B8109952E52F58D92", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] }, { "text": "1301. Voting by mail \n(a) In general \n(1) Requirements \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), and section 1201(a), is amended— (A) by redesignating sections 311 and 312 as sections 312 and 313, respectively; and (B) by inserting after section 310 the following new section: 311. Promoting ability of voters to vote by mail \n(a) Uniform availability of absentee voting to all voters \n(1) In general \nIf an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by absentee ballot by mail. (2) Administration of voting by mail \n(A) Prohibiting identification requirement as condition of obtaining or casting ballot \nA State may not require an individual to submit any form of identifying document as a condition of obtaining or casting an absentee ballot, except that nothing in this subparagraph may be construed to prevent a State from requiring— (i) the information required to complete an application for voter registration for an election for Federal office under section 303(a)(5)(A), provided that a State may not deny a voter a ballot or the opportunity to cast it on the grounds that the voter does not possess a current and valid driver’s license number or a social security number; or (ii) a signature of the individual or similar affirmation as a condition of obtaining or casting an absentee ballot. (B) Prohibiting faulty matching requirements for identifying information \nA State may not deny a voter an absentee ballot or reject an absentee ballot cast by a voter— (i) on the grounds that the voter provided a different form of identifying information under subparagraph (A) than the voter originally provided when registering to vote or when requesting an absentee ballot; or (ii) due to an error in, or omission of, identifying information required by a State under subparagraph (A), if such error or omission is not material to an individual’s eligibility to vote under section 2004(a)(2)(B) of the Revised Statutes ( 52 U.S.C. 10101(a)(2)(B) ). (C) Prohibiting requirement to provide notarization or witness signature as condition of obtaining or casting ballot \nA State may not require notarization or witness signature or other formal authentication (other than voter attestation) as a condition of obtaining or casting an absentee ballot, except that nothing in this subparagraph may be construed to prohibit a State from enforcing a law which has a witness signature requirement for a ballot where a voter oath is attested to with a mark rather than a voter’s signature. (3) No effect on identification requirements for first-time voters registering by mail \nNothing in this subsection may be construed to exempt any individual described in paragraph (1) of section 303(b) from meeting the requirements of paragraph (2) of such section or to exempt an individual described in paragraph (5)(A) of section 303(b) from meeting the requirements of paragraph (5)(B). (b) Due process requirements for States requiring signature verification \n(1) Requirement \n(A) In general \nA State may not impose a signature verification requirement as a condition of accepting and counting a mail-in ballot or absentee ballot submitted by any individual with respect to an election for Federal office unless the State meets the due process requirements described in paragraph (2). (B) Signature verification requirement described \nIn this subsection, a signature verification requirement is a requirement that an election official verify the identification of an individual by comparing the signature of the individual on the mail-in ballot or absentee ballot with the individual’s signature on the official list of registered voters in the State or another official record or other document used by the State to verify the signatures of voters. (2) Due process requirements \n(A) Notice and opportunity to cure discrepancy in signatures \nIf an individual submits a mail-in ballot or an absentee ballot and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall— (i) as soon as practical, but not later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (I) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; and (II) if such discrepancy is not cured prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (ii) cure such discrepancy and count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. (B) Notice and opportunity to cure missing signature or other defect \nIf an individual submits a mail-in ballot or an absentee ballot without a signature or submits a mail-in ballot or an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall— (i) as soon as practical, but not later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (I) the ballot did not include a signature or has some other defect; and (II) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (ii) count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with the missing signature on a form proscribed by the State or cures the other defect. This subparagraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot, as described in subsection (e). (C) Other requirements \n(i) In general \nAn election official may not make a determination that a discrepancy exists between the signature on a mail-in ballot or an absentee ballot and the signature of the individual on the official list of registered voters in the State or other official record or other document used by the State to verify the signatures of voters unless— (I) not fewer than 2 election officials make the determination; (II) each official who makes the determination has received training in procedures used to verify signatures; and (III) of the officials who make the determination, not fewer than 1 is affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State and not fewer than 1 is affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State. (ii) Exception \nClause (i)(III) shall not apply to any State in which, under a law that is in effect continuously on and after the date of enactment of this section, determinations regarding signature discrepancies are made by election officials who are not affiliated with a political party. (3) Report \n(A) In general \nNot later than 120 days after the end of a Federal election cycle, each chief State election official shall submit to the Commission a report containing the following information for the applicable Federal election cycle in the State: (i) The number of ballots invalidated due to a discrepancy under this subsection. (ii) Description of attempts to contact voters to provide notice as required by this subsection. (iii) Description of the cure process developed by such State pursuant to this subsection, including the number of ballots determined valid as a result of such process. (B) Submission to Congress \nNot later than 10 days after receiving a report under subparagraph (A), the Commission shall transmit such report to Congress. (C) Federal election cycle defined \nFor purposes of this subsection, the term Federal election cycle means, with respect to any regularly scheduled election for Federal office, the period beginning on the day after the date of the preceding regularly scheduled general election for Federal office and ending on the date of such regularly scheduled general election. (4) Rule of construction \nNothing in this subsection shall be construed— (A) to prohibit a State from rejecting a ballot attempted to be cast in an election for Federal office by an individual who is not eligible to vote in the election; or (B) to prohibit a State from providing an individual with more time and more methods for curing a discrepancy in the individual’s signature, providing a missing signature, or curing any other defect than the State is required to provide under this subsection. (c) Applications for absentee ballots \n(1) In general \nIn addition to such other methods as the State may establish for an individual to apply for an absentee ballot, each State shall permit an individual to submit an application for an absentee ballot online. (2) Treatment of websites \nA State shall be considered to meet the requirements of paragraph (1) if the website of the appropriate State or local election official allows an application for an absentee ballot to be completed and submitted online and if the website permits the individual— (A) to print the application so that the individual may complete the application and return it to the official; or (B) to request that a paper copy of the application be transmitted to the individual by mail or electronic mail so that the individual may complete the application and return it to the official. (3) Ensuring delivery prior to election \n(A) In general \nIf an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election and such application is received by the appropriate State or local election official not later than 13 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, the election official shall ensure that the ballot and related voting materials are promptly mailed to the individual. (B) Applications received close to election day \nIf an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election and such application is received by the appropriate State or local election official after the date described in subparagraph (A) but not later than 7 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, the election official shall, to the greatest extent practical, ensure that the ballot and related voting materials are mailed to the individual within 1 business day of the receipt of the application. (C) Rule of construction \nNothing in this paragraph shall preclude a State or local jurisdiction from allowing for the acceptance and processing of absentee ballot applications submitted or received after the date described in subparagraph (B). (4) Application for all future elections \n(A) In general \nAt the option of an individual, the individual's application to vote by absentee ballot by mail in an election for Federal office shall be treated as an application for an absentee ballot by mail in all subsequent elections for Federal office held in the State. (B) Duration of treatment \n(i) In general \nIn the case of an individual who is treated as having applied for an absentee ballot for all subsequent elections for Federal office held in the State under subparagraph (A), such treatment shall remain effective until the earlier of such time as— (I) the individual is no longer registered to vote in the State; or (II) the individual provides an affirmative written notice revoking such treatment. (ii) Prohibition on revocation based on failure to vote \nThe treatment of an individual as having applied for an absentee ballot for all subsequent elections held in the State under subparagraph (A) shall not be revoked on the basis that the individual has not voted in an election. (d) Accessibility for individuals with disabilities \nEach State shall ensure that all absentee ballot applications, absentee ballots, and related voting materials in elections for Federal office are accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including with privacy and independence) as for other voters. (e) Uniform deadline for acceptance of mailed ballots \n(1) In General \nA State or local election official may not refuse to accept or process a ballot submitted by an individual by mail with respect to an election for Federal office in the State on the grounds that the individual did not meet a deadline for returning the ballot to the appropriate State or local election official if— (A) the ballot is postmarked or otherwise indicated by the United States Postal Service to have been mailed on or before the date of the election; and (B) the ballot is received by the appropriate election official prior to the expiration of the 7-day period which begins on the date of the election. (2) Rule of construction \nNothing in this subsection shall be construed to prohibit a State from having a law that allows for counting of ballots in an election for Federal office that are received through the mail after the date that is 7 days after the date of the election. (f) Alternative methods of returning ballots \nIn addition to permitting an individual to whom a ballot in an election was provided under this section to return the ballot to an election official by mail, each State shall permit the individual to cast the ballot by delivering the ballot at such times and to such locations as the State may establish, including— (1) permitting the individual to deliver the ballot to a polling place within the jurisdiction in which the individual is registered or otherwise eligible to vote on any date on which voting in the election is held at the polling place; and (2) permitting the individual to deliver the ballot to a designated ballot drop-off location, a tribally designated building, or the office of a State or local election official. (g) Ballot processing and scanning requirements \n(1) In general \nEach State or jurisdiction shall begin processing and scanning ballots cast by mail for tabulation not later than the date that is 14 days prior to the date of the election involved, except that a State may begin processing and scanning ballots cast by mail for tabulation after such date if the date on which the State begins such processing and scanning ensures, to the greatest extent practical, that ballots cast before the date of the election are processed and scanned before the date of the election. (2) Limitation \nNothing in this subsection shall be construed— (A) to permit a State to tabulate ballots in an election before the closing of the polls on the date of the election unless such tabulation is a necessary component of preprocessing in the State and is performed in accordance with existing State law; or (B) to permit an official to make public any results of tabulation and processing before the closing of the polls on the date of the election. (h) Prohibiting restrictions on distribution of absentee ballot applications by third parties \nA State may not prohibit any person from providing an application for an absentee ballot in the election to any individual who is eligible to vote in the election. (i) Rule of construction \nNothing in this section shall be construed to affect the authority of States to conduct elections for Federal office through the use of polling places at which individuals cast ballots. (j) No effect on ballots submitted by absent military and overseas voters \nNothing in this section may be construed to affect the treatment of any ballot submitted by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ). (k) Effective date \nThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office.. (2) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), and section 1201(c), is amended— (A) by redesignating the items relating to sections 311 and 312 as relating to sections 312 and 313, respectively; and (B) by inserting after the item relating to section 310 the following new item: Sec. 311. Promoting ability of voters to vote by mail.. (b) Same-Day processing of absentee ballots \n(1) In general \nChapter 34 of title 39, United States Code, is amended by adding at the end the following: 3407. Same-day processing of ballots \n(a) In general \nThe Postal Service shall ensure, to the maximum extent practicable, that any ballot carried by the Postal Service is processed by and cleared from any postal facility or post office on the same day that the ballot is received by that facility or post office. (b) Definitions \nAs used in this section— (1) the term ballot means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and (2) the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.. (2) Technical and conforming amendment \nThe table of sections for chapter 34 of title 39, United States Code, is amended by adding at the end the following: 3407. Same-day processing of ballots.. (3) Effective date \nThe amendments made by this subsection shall apply to absentee ballots relating to an election for Federal office occurring on or after January 1, 2024. (c) Development of alternative verification methods \n(1) Development of standards \nThe Director of the National Institute of Standards, in consultation with the Election Assistance Commission, shall develop standards for the use of alternative methods which could be used in place of signature verification requirements for purposes of verifying the identification of an individual voting by mail-in or absentee ballot in elections for Federal office. (2) Public notice and comment \nThe Director of the National Institute of Standards shall solicit comments from the public in the development of standards under paragraph (1). (3) Deadline \nNot later than 2 years after the date of enactment of this Act, the Director of the National Institute of Standards shall publish the standards developed under paragraph (1).", "id": "HDDEE88018CEE4B02B69CAAE985168BBF", "header": "Voting by mail", "nested": [ { "text": "(a) In general \n(1) Requirements \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), and section 1201(a), is amended— (A) by redesignating sections 311 and 312 as sections 312 and 313, respectively; and (B) by inserting after section 310 the following new section: 311. Promoting ability of voters to vote by mail \n(a) Uniform availability of absentee voting to all voters \n(1) In general \nIf an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by absentee ballot by mail. (2) Administration of voting by mail \n(A) Prohibiting identification requirement as condition of obtaining or casting ballot \nA State may not require an individual to submit any form of identifying document as a condition of obtaining or casting an absentee ballot, except that nothing in this subparagraph may be construed to prevent a State from requiring— (i) the information required to complete an application for voter registration for an election for Federal office under section 303(a)(5)(A), provided that a State may not deny a voter a ballot or the opportunity to cast it on the grounds that the voter does not possess a current and valid driver’s license number or a social security number; or (ii) a signature of the individual or similar affirmation as a condition of obtaining or casting an absentee ballot. (B) Prohibiting faulty matching requirements for identifying information \nA State may not deny a voter an absentee ballot or reject an absentee ballot cast by a voter— (i) on the grounds that the voter provided a different form of identifying information under subparagraph (A) than the voter originally provided when registering to vote or when requesting an absentee ballot; or (ii) due to an error in, or omission of, identifying information required by a State under subparagraph (A), if such error or omission is not material to an individual’s eligibility to vote under section 2004(a)(2)(B) of the Revised Statutes ( 52 U.S.C. 10101(a)(2)(B) ). (C) Prohibiting requirement to provide notarization or witness signature as condition of obtaining or casting ballot \nA State may not require notarization or witness signature or other formal authentication (other than voter attestation) as a condition of obtaining or casting an absentee ballot, except that nothing in this subparagraph may be construed to prohibit a State from enforcing a law which has a witness signature requirement for a ballot where a voter oath is attested to with a mark rather than a voter’s signature. (3) No effect on identification requirements for first-time voters registering by mail \nNothing in this subsection may be construed to exempt any individual described in paragraph (1) of section 303(b) from meeting the requirements of paragraph (2) of such section or to exempt an individual described in paragraph (5)(A) of section 303(b) from meeting the requirements of paragraph (5)(B). (b) Due process requirements for States requiring signature verification \n(1) Requirement \n(A) In general \nA State may not impose a signature verification requirement as a condition of accepting and counting a mail-in ballot or absentee ballot submitted by any individual with respect to an election for Federal office unless the State meets the due process requirements described in paragraph (2). (B) Signature verification requirement described \nIn this subsection, a signature verification requirement is a requirement that an election official verify the identification of an individual by comparing the signature of the individual on the mail-in ballot or absentee ballot with the individual’s signature on the official list of registered voters in the State or another official record or other document used by the State to verify the signatures of voters. (2) Due process requirements \n(A) Notice and opportunity to cure discrepancy in signatures \nIf an individual submits a mail-in ballot or an absentee ballot and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall— (i) as soon as practical, but not later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (I) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; and (II) if such discrepancy is not cured prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (ii) cure such discrepancy and count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. (B) Notice and opportunity to cure missing signature or other defect \nIf an individual submits a mail-in ballot or an absentee ballot without a signature or submits a mail-in ballot or an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall— (i) as soon as practical, but not later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (I) the ballot did not include a signature or has some other defect; and (II) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (ii) count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with the missing signature on a form proscribed by the State or cures the other defect. This subparagraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot, as described in subsection (e). (C) Other requirements \n(i) In general \nAn election official may not make a determination that a discrepancy exists between the signature on a mail-in ballot or an absentee ballot and the signature of the individual on the official list of registered voters in the State or other official record or other document used by the State to verify the signatures of voters unless— (I) not fewer than 2 election officials make the determination; (II) each official who makes the determination has received training in procedures used to verify signatures; and (III) of the officials who make the determination, not fewer than 1 is affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State and not fewer than 1 is affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State. (ii) Exception \nClause (i)(III) shall not apply to any State in which, under a law that is in effect continuously on and after the date of enactment of this section, determinations regarding signature discrepancies are made by election officials who are not affiliated with a political party. (3) Report \n(A) In general \nNot later than 120 days after the end of a Federal election cycle, each chief State election official shall submit to the Commission a report containing the following information for the applicable Federal election cycle in the State: (i) The number of ballots invalidated due to a discrepancy under this subsection. (ii) Description of attempts to contact voters to provide notice as required by this subsection. (iii) Description of the cure process developed by such State pursuant to this subsection, including the number of ballots determined valid as a result of such process. (B) Submission to Congress \nNot later than 10 days after receiving a report under subparagraph (A), the Commission shall transmit such report to Congress. (C) Federal election cycle defined \nFor purposes of this subsection, the term Federal election cycle means, with respect to any regularly scheduled election for Federal office, the period beginning on the day after the date of the preceding regularly scheduled general election for Federal office and ending on the date of such regularly scheduled general election. (4) Rule of construction \nNothing in this subsection shall be construed— (A) to prohibit a State from rejecting a ballot attempted to be cast in an election for Federal office by an individual who is not eligible to vote in the election; or (B) to prohibit a State from providing an individual with more time and more methods for curing a discrepancy in the individual’s signature, providing a missing signature, or curing any other defect than the State is required to provide under this subsection. (c) Applications for absentee ballots \n(1) In general \nIn addition to such other methods as the State may establish for an individual to apply for an absentee ballot, each State shall permit an individual to submit an application for an absentee ballot online. (2) Treatment of websites \nA State shall be considered to meet the requirements of paragraph (1) if the website of the appropriate State or local election official allows an application for an absentee ballot to be completed and submitted online and if the website permits the individual— (A) to print the application so that the individual may complete the application and return it to the official; or (B) to request that a paper copy of the application be transmitted to the individual by mail or electronic mail so that the individual may complete the application and return it to the official. (3) Ensuring delivery prior to election \n(A) In general \nIf an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election and such application is received by the appropriate State or local election official not later than 13 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, the election official shall ensure that the ballot and related voting materials are promptly mailed to the individual. (B) Applications received close to election day \nIf an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election and such application is received by the appropriate State or local election official after the date described in subparagraph (A) but not later than 7 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, the election official shall, to the greatest extent practical, ensure that the ballot and related voting materials are mailed to the individual within 1 business day of the receipt of the application. (C) Rule of construction \nNothing in this paragraph shall preclude a State or local jurisdiction from allowing for the acceptance and processing of absentee ballot applications submitted or received after the date described in subparagraph (B). (4) Application for all future elections \n(A) In general \nAt the option of an individual, the individual's application to vote by absentee ballot by mail in an election for Federal office shall be treated as an application for an absentee ballot by mail in all subsequent elections for Federal office held in the State. (B) Duration of treatment \n(i) In general \nIn the case of an individual who is treated as having applied for an absentee ballot for all subsequent elections for Federal office held in the State under subparagraph (A), such treatment shall remain effective until the earlier of such time as— (I) the individual is no longer registered to vote in the State; or (II) the individual provides an affirmative written notice revoking such treatment. (ii) Prohibition on revocation based on failure to vote \nThe treatment of an individual as having applied for an absentee ballot for all subsequent elections held in the State under subparagraph (A) shall not be revoked on the basis that the individual has not voted in an election. (d) Accessibility for individuals with disabilities \nEach State shall ensure that all absentee ballot applications, absentee ballots, and related voting materials in elections for Federal office are accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including with privacy and independence) as for other voters. (e) Uniform deadline for acceptance of mailed ballots \n(1) In General \nA State or local election official may not refuse to accept or process a ballot submitted by an individual by mail with respect to an election for Federal office in the State on the grounds that the individual did not meet a deadline for returning the ballot to the appropriate State or local election official if— (A) the ballot is postmarked or otherwise indicated by the United States Postal Service to have been mailed on or before the date of the election; and (B) the ballot is received by the appropriate election official prior to the expiration of the 7-day period which begins on the date of the election. (2) Rule of construction \nNothing in this subsection shall be construed to prohibit a State from having a law that allows for counting of ballots in an election for Federal office that are received through the mail after the date that is 7 days after the date of the election. (f) Alternative methods of returning ballots \nIn addition to permitting an individual to whom a ballot in an election was provided under this section to return the ballot to an election official by mail, each State shall permit the individual to cast the ballot by delivering the ballot at such times and to such locations as the State may establish, including— (1) permitting the individual to deliver the ballot to a polling place within the jurisdiction in which the individual is registered or otherwise eligible to vote on any date on which voting in the election is held at the polling place; and (2) permitting the individual to deliver the ballot to a designated ballot drop-off location, a tribally designated building, or the office of a State or local election official. (g) Ballot processing and scanning requirements \n(1) In general \nEach State or jurisdiction shall begin processing and scanning ballots cast by mail for tabulation not later than the date that is 14 days prior to the date of the election involved, except that a State may begin processing and scanning ballots cast by mail for tabulation after such date if the date on which the State begins such processing and scanning ensures, to the greatest extent practical, that ballots cast before the date of the election are processed and scanned before the date of the election. (2) Limitation \nNothing in this subsection shall be construed— (A) to permit a State to tabulate ballots in an election before the closing of the polls on the date of the election unless such tabulation is a necessary component of preprocessing in the State and is performed in accordance with existing State law; or (B) to permit an official to make public any results of tabulation and processing before the closing of the polls on the date of the election. (h) Prohibiting restrictions on distribution of absentee ballot applications by third parties \nA State may not prohibit any person from providing an application for an absentee ballot in the election to any individual who is eligible to vote in the election. (i) Rule of construction \nNothing in this section shall be construed to affect the authority of States to conduct elections for Federal office through the use of polling places at which individuals cast ballots. (j) No effect on ballots submitted by absent military and overseas voters \nNothing in this section may be construed to affect the treatment of any ballot submitted by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ). (k) Effective date \nThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office.. (2) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), and section 1201(c), is amended— (A) by redesignating the items relating to sections 311 and 312 as relating to sections 312 and 313, respectively; and (B) by inserting after the item relating to section 310 the following new item: Sec. 311. Promoting ability of voters to vote by mail..", "id": "HB6C23C4442F94FB79F6A8CBE216A88D5", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 10101(a)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/10101" }, { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" } ] }, { "text": "(b) Same-Day processing of absentee ballots \n(1) In general \nChapter 34 of title 39, United States Code, is amended by adding at the end the following: 3407. Same-day processing of ballots \n(a) In general \nThe Postal Service shall ensure, to the maximum extent practicable, that any ballot carried by the Postal Service is processed by and cleared from any postal facility or post office on the same day that the ballot is received by that facility or post office. (b) Definitions \nAs used in this section— (1) the term ballot means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and (2) the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.. (2) Technical and conforming amendment \nThe table of sections for chapter 34 of title 39, United States Code, is amended by adding at the end the following: 3407. Same-day processing of ballots.. (3) Effective date \nThe amendments made by this subsection shall apply to absentee ballots relating to an election for Federal office occurring on or after January 1, 2024.", "id": "H21199F6DB87444F9B69A3059B023286A", "header": "Same-Day processing of absentee ballots", "nested": [], "links": [ { "text": "Chapter 34", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/39/34" }, { "text": "chapter 34", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/39/34" } ] }, { "text": "(c) Development of alternative verification methods \n(1) Development of standards \nThe Director of the National Institute of Standards, in consultation with the Election Assistance Commission, shall develop standards for the use of alternative methods which could be used in place of signature verification requirements for purposes of verifying the identification of an individual voting by mail-in or absentee ballot in elections for Federal office. (2) Public notice and comment \nThe Director of the National Institute of Standards shall solicit comments from the public in the development of standards under paragraph (1). (3) Deadline \nNot later than 2 years after the date of enactment of this Act, the Director of the National Institute of Standards shall publish the standards developed under paragraph (1).", "id": "HA7E57D0885264ED48556BBCD9815439D", "header": "Development of alternative verification methods", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 10101(a)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/10101" }, { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "Chapter 34", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/39/34" }, { "text": "chapter 34", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/39/34" } ] }, { "text": "311. Promoting ability of voters to vote by mail \n(a) Uniform availability of absentee voting to all voters \n(1) In general \nIf an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by absentee ballot by mail. (2) Administration of voting by mail \n(A) Prohibiting identification requirement as condition of obtaining or casting ballot \nA State may not require an individual to submit any form of identifying document as a condition of obtaining or casting an absentee ballot, except that nothing in this subparagraph may be construed to prevent a State from requiring— (i) the information required to complete an application for voter registration for an election for Federal office under section 303(a)(5)(A), provided that a State may not deny a voter a ballot or the opportunity to cast it on the grounds that the voter does not possess a current and valid driver’s license number or a social security number; or (ii) a signature of the individual or similar affirmation as a condition of obtaining or casting an absentee ballot. (B) Prohibiting faulty matching requirements for identifying information \nA State may not deny a voter an absentee ballot or reject an absentee ballot cast by a voter— (i) on the grounds that the voter provided a different form of identifying information under subparagraph (A) than the voter originally provided when registering to vote or when requesting an absentee ballot; or (ii) due to an error in, or omission of, identifying information required by a State under subparagraph (A), if such error or omission is not material to an individual’s eligibility to vote under section 2004(a)(2)(B) of the Revised Statutes ( 52 U.S.C. 10101(a)(2)(B) ). (C) Prohibiting requirement to provide notarization or witness signature as condition of obtaining or casting ballot \nA State may not require notarization or witness signature or other formal authentication (other than voter attestation) as a condition of obtaining or casting an absentee ballot, except that nothing in this subparagraph may be construed to prohibit a State from enforcing a law which has a witness signature requirement for a ballot where a voter oath is attested to with a mark rather than a voter’s signature. (3) No effect on identification requirements for first-time voters registering by mail \nNothing in this subsection may be construed to exempt any individual described in paragraph (1) of section 303(b) from meeting the requirements of paragraph (2) of such section or to exempt an individual described in paragraph (5)(A) of section 303(b) from meeting the requirements of paragraph (5)(B). (b) Due process requirements for States requiring signature verification \n(1) Requirement \n(A) In general \nA State may not impose a signature verification requirement as a condition of accepting and counting a mail-in ballot or absentee ballot submitted by any individual with respect to an election for Federal office unless the State meets the due process requirements described in paragraph (2). (B) Signature verification requirement described \nIn this subsection, a signature verification requirement is a requirement that an election official verify the identification of an individual by comparing the signature of the individual on the mail-in ballot or absentee ballot with the individual’s signature on the official list of registered voters in the State or another official record or other document used by the State to verify the signatures of voters. (2) Due process requirements \n(A) Notice and opportunity to cure discrepancy in signatures \nIf an individual submits a mail-in ballot or an absentee ballot and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall— (i) as soon as practical, but not later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (I) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; and (II) if such discrepancy is not cured prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (ii) cure such discrepancy and count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. (B) Notice and opportunity to cure missing signature or other defect \nIf an individual submits a mail-in ballot or an absentee ballot without a signature or submits a mail-in ballot or an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall— (i) as soon as practical, but not later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (I) the ballot did not include a signature or has some other defect; and (II) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (ii) count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with the missing signature on a form proscribed by the State or cures the other defect. This subparagraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot, as described in subsection (e). (C) Other requirements \n(i) In general \nAn election official may not make a determination that a discrepancy exists between the signature on a mail-in ballot or an absentee ballot and the signature of the individual on the official list of registered voters in the State or other official record or other document used by the State to verify the signatures of voters unless— (I) not fewer than 2 election officials make the determination; (II) each official who makes the determination has received training in procedures used to verify signatures; and (III) of the officials who make the determination, not fewer than 1 is affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State and not fewer than 1 is affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State. (ii) Exception \nClause (i)(III) shall not apply to any State in which, under a law that is in effect continuously on and after the date of enactment of this section, determinations regarding signature discrepancies are made by election officials who are not affiliated with a political party. (3) Report \n(A) In general \nNot later than 120 days after the end of a Federal election cycle, each chief State election official shall submit to the Commission a report containing the following information for the applicable Federal election cycle in the State: (i) The number of ballots invalidated due to a discrepancy under this subsection. (ii) Description of attempts to contact voters to provide notice as required by this subsection. (iii) Description of the cure process developed by such State pursuant to this subsection, including the number of ballots determined valid as a result of such process. (B) Submission to Congress \nNot later than 10 days after receiving a report under subparagraph (A), the Commission shall transmit such report to Congress. (C) Federal election cycle defined \nFor purposes of this subsection, the term Federal election cycle means, with respect to any regularly scheduled election for Federal office, the period beginning on the day after the date of the preceding regularly scheduled general election for Federal office and ending on the date of such regularly scheduled general election. (4) Rule of construction \nNothing in this subsection shall be construed— (A) to prohibit a State from rejecting a ballot attempted to be cast in an election for Federal office by an individual who is not eligible to vote in the election; or (B) to prohibit a State from providing an individual with more time and more methods for curing a discrepancy in the individual’s signature, providing a missing signature, or curing any other defect than the State is required to provide under this subsection. (c) Applications for absentee ballots \n(1) In general \nIn addition to such other methods as the State may establish for an individual to apply for an absentee ballot, each State shall permit an individual to submit an application for an absentee ballot online. (2) Treatment of websites \nA State shall be considered to meet the requirements of paragraph (1) if the website of the appropriate State or local election official allows an application for an absentee ballot to be completed and submitted online and if the website permits the individual— (A) to print the application so that the individual may complete the application and return it to the official; or (B) to request that a paper copy of the application be transmitted to the individual by mail or electronic mail so that the individual may complete the application and return it to the official. (3) Ensuring delivery prior to election \n(A) In general \nIf an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election and such application is received by the appropriate State or local election official not later than 13 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, the election official shall ensure that the ballot and related voting materials are promptly mailed to the individual. (B) Applications received close to election day \nIf an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election and such application is received by the appropriate State or local election official after the date described in subparagraph (A) but not later than 7 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, the election official shall, to the greatest extent practical, ensure that the ballot and related voting materials are mailed to the individual within 1 business day of the receipt of the application. (C) Rule of construction \nNothing in this paragraph shall preclude a State or local jurisdiction from allowing for the acceptance and processing of absentee ballot applications submitted or received after the date described in subparagraph (B). (4) Application for all future elections \n(A) In general \nAt the option of an individual, the individual's application to vote by absentee ballot by mail in an election for Federal office shall be treated as an application for an absentee ballot by mail in all subsequent elections for Federal office held in the State. (B) Duration of treatment \n(i) In general \nIn the case of an individual who is treated as having applied for an absentee ballot for all subsequent elections for Federal office held in the State under subparagraph (A), such treatment shall remain effective until the earlier of such time as— (I) the individual is no longer registered to vote in the State; or (II) the individual provides an affirmative written notice revoking such treatment. (ii) Prohibition on revocation based on failure to vote \nThe treatment of an individual as having applied for an absentee ballot for all subsequent elections held in the State under subparagraph (A) shall not be revoked on the basis that the individual has not voted in an election. (d) Accessibility for individuals with disabilities \nEach State shall ensure that all absentee ballot applications, absentee ballots, and related voting materials in elections for Federal office are accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including with privacy and independence) as for other voters. (e) Uniform deadline for acceptance of mailed ballots \n(1) In General \nA State or local election official may not refuse to accept or process a ballot submitted by an individual by mail with respect to an election for Federal office in the State on the grounds that the individual did not meet a deadline for returning the ballot to the appropriate State or local election official if— (A) the ballot is postmarked or otherwise indicated by the United States Postal Service to have been mailed on or before the date of the election; and (B) the ballot is received by the appropriate election official prior to the expiration of the 7-day period which begins on the date of the election. (2) Rule of construction \nNothing in this subsection shall be construed to prohibit a State from having a law that allows for counting of ballots in an election for Federal office that are received through the mail after the date that is 7 days after the date of the election. (f) Alternative methods of returning ballots \nIn addition to permitting an individual to whom a ballot in an election was provided under this section to return the ballot to an election official by mail, each State shall permit the individual to cast the ballot by delivering the ballot at such times and to such locations as the State may establish, including— (1) permitting the individual to deliver the ballot to a polling place within the jurisdiction in which the individual is registered or otherwise eligible to vote on any date on which voting in the election is held at the polling place; and (2) permitting the individual to deliver the ballot to a designated ballot drop-off location, a tribally designated building, or the office of a State or local election official. (g) Ballot processing and scanning requirements \n(1) In general \nEach State or jurisdiction shall begin processing and scanning ballots cast by mail for tabulation not later than the date that is 14 days prior to the date of the election involved, except that a State may begin processing and scanning ballots cast by mail for tabulation after such date if the date on which the State begins such processing and scanning ensures, to the greatest extent practical, that ballots cast before the date of the election are processed and scanned before the date of the election. (2) Limitation \nNothing in this subsection shall be construed— (A) to permit a State to tabulate ballots in an election before the closing of the polls on the date of the election unless such tabulation is a necessary component of preprocessing in the State and is performed in accordance with existing State law; or (B) to permit an official to make public any results of tabulation and processing before the closing of the polls on the date of the election. (h) Prohibiting restrictions on distribution of absentee ballot applications by third parties \nA State may not prohibit any person from providing an application for an absentee ballot in the election to any individual who is eligible to vote in the election. (i) Rule of construction \nNothing in this section shall be construed to affect the authority of States to conduct elections for Federal office through the use of polling places at which individuals cast ballots. (j) No effect on ballots submitted by absent military and overseas voters \nNothing in this section may be construed to affect the treatment of any ballot submitted by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ). (k) Effective date \nThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office.", "id": "H3B157A058F314A0BA53B21F6DC6F2A13", "header": "Promoting ability of voters to vote by mail", "nested": [ { "text": "(a) Uniform availability of absentee voting to all voters \n(1) In general \nIf an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by absentee ballot by mail. (2) Administration of voting by mail \n(A) Prohibiting identification requirement as condition of obtaining or casting ballot \nA State may not require an individual to submit any form of identifying document as a condition of obtaining or casting an absentee ballot, except that nothing in this subparagraph may be construed to prevent a State from requiring— (i) the information required to complete an application for voter registration for an election for Federal office under section 303(a)(5)(A), provided that a State may not deny a voter a ballot or the opportunity to cast it on the grounds that the voter does not possess a current and valid driver’s license number or a social security number; or (ii) a signature of the individual or similar affirmation as a condition of obtaining or casting an absentee ballot. (B) Prohibiting faulty matching requirements for identifying information \nA State may not deny a voter an absentee ballot or reject an absentee ballot cast by a voter— (i) on the grounds that the voter provided a different form of identifying information under subparagraph (A) than the voter originally provided when registering to vote or when requesting an absentee ballot; or (ii) due to an error in, or omission of, identifying information required by a State under subparagraph (A), if such error or omission is not material to an individual’s eligibility to vote under section 2004(a)(2)(B) of the Revised Statutes ( 52 U.S.C. 10101(a)(2)(B) ). (C) Prohibiting requirement to provide notarization or witness signature as condition of obtaining or casting ballot \nA State may not require notarization or witness signature or other formal authentication (other than voter attestation) as a condition of obtaining or casting an absentee ballot, except that nothing in this subparagraph may be construed to prohibit a State from enforcing a law which has a witness signature requirement for a ballot where a voter oath is attested to with a mark rather than a voter’s signature. (3) No effect on identification requirements for first-time voters registering by mail \nNothing in this subsection may be construed to exempt any individual described in paragraph (1) of section 303(b) from meeting the requirements of paragraph (2) of such section or to exempt an individual described in paragraph (5)(A) of section 303(b) from meeting the requirements of paragraph (5)(B).", "id": "HB3FD6B317AA247C1A0985082DCB09EAC", "header": "Uniform availability of absentee voting to all voters", "nested": [], "links": [ { "text": "52 U.S.C. 10101(a)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/10101" } ] }, { "text": "(b) Due process requirements for States requiring signature verification \n(1) Requirement \n(A) In general \nA State may not impose a signature verification requirement as a condition of accepting and counting a mail-in ballot or absentee ballot submitted by any individual with respect to an election for Federal office unless the State meets the due process requirements described in paragraph (2). (B) Signature verification requirement described \nIn this subsection, a signature verification requirement is a requirement that an election official verify the identification of an individual by comparing the signature of the individual on the mail-in ballot or absentee ballot with the individual’s signature on the official list of registered voters in the State or another official record or other document used by the State to verify the signatures of voters. (2) Due process requirements \n(A) Notice and opportunity to cure discrepancy in signatures \nIf an individual submits a mail-in ballot or an absentee ballot and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall— (i) as soon as practical, but not later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (I) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; and (II) if such discrepancy is not cured prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (ii) cure such discrepancy and count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. (B) Notice and opportunity to cure missing signature or other defect \nIf an individual submits a mail-in ballot or an absentee ballot without a signature or submits a mail-in ballot or an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall— (i) as soon as practical, but not later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (I) the ballot did not include a signature or has some other defect; and (II) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (ii) count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with the missing signature on a form proscribed by the State or cures the other defect. This subparagraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot, as described in subsection (e). (C) Other requirements \n(i) In general \nAn election official may not make a determination that a discrepancy exists between the signature on a mail-in ballot or an absentee ballot and the signature of the individual on the official list of registered voters in the State or other official record or other document used by the State to verify the signatures of voters unless— (I) not fewer than 2 election officials make the determination; (II) each official who makes the determination has received training in procedures used to verify signatures; and (III) of the officials who make the determination, not fewer than 1 is affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State and not fewer than 1 is affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State. (ii) Exception \nClause (i)(III) shall not apply to any State in which, under a law that is in effect continuously on and after the date of enactment of this section, determinations regarding signature discrepancies are made by election officials who are not affiliated with a political party. (3) Report \n(A) In general \nNot later than 120 days after the end of a Federal election cycle, each chief State election official shall submit to the Commission a report containing the following information for the applicable Federal election cycle in the State: (i) The number of ballots invalidated due to a discrepancy under this subsection. (ii) Description of attempts to contact voters to provide notice as required by this subsection. (iii) Description of the cure process developed by such State pursuant to this subsection, including the number of ballots determined valid as a result of such process. (B) Submission to Congress \nNot later than 10 days after receiving a report under subparagraph (A), the Commission shall transmit such report to Congress. (C) Federal election cycle defined \nFor purposes of this subsection, the term Federal election cycle means, with respect to any regularly scheduled election for Federal office, the period beginning on the day after the date of the preceding regularly scheduled general election for Federal office and ending on the date of such regularly scheduled general election. (4) Rule of construction \nNothing in this subsection shall be construed— (A) to prohibit a State from rejecting a ballot attempted to be cast in an election for Federal office by an individual who is not eligible to vote in the election; or (B) to prohibit a State from providing an individual with more time and more methods for curing a discrepancy in the individual’s signature, providing a missing signature, or curing any other defect than the State is required to provide under this subsection.", "id": "H041841F03DEF4D26A0E29CA319C5B2E4", "header": "Due process requirements for States requiring signature verification", "nested": [], "links": [] }, { "text": "(c) Applications for absentee ballots \n(1) In general \nIn addition to such other methods as the State may establish for an individual to apply for an absentee ballot, each State shall permit an individual to submit an application for an absentee ballot online. (2) Treatment of websites \nA State shall be considered to meet the requirements of paragraph (1) if the website of the appropriate State or local election official allows an application for an absentee ballot to be completed and submitted online and if the website permits the individual— (A) to print the application so that the individual may complete the application and return it to the official; or (B) to request that a paper copy of the application be transmitted to the individual by mail or electronic mail so that the individual may complete the application and return it to the official. (3) Ensuring delivery prior to election \n(A) In general \nIf an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election and such application is received by the appropriate State or local election official not later than 13 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, the election official shall ensure that the ballot and related voting materials are promptly mailed to the individual. (B) Applications received close to election day \nIf an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election and such application is received by the appropriate State or local election official after the date described in subparagraph (A) but not later than 7 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, the election official shall, to the greatest extent practical, ensure that the ballot and related voting materials are mailed to the individual within 1 business day of the receipt of the application. (C) Rule of construction \nNothing in this paragraph shall preclude a State or local jurisdiction from allowing for the acceptance and processing of absentee ballot applications submitted or received after the date described in subparagraph (B). (4) Application for all future elections \n(A) In general \nAt the option of an individual, the individual's application to vote by absentee ballot by mail in an election for Federal office shall be treated as an application for an absentee ballot by mail in all subsequent elections for Federal office held in the State. (B) Duration of treatment \n(i) In general \nIn the case of an individual who is treated as having applied for an absentee ballot for all subsequent elections for Federal office held in the State under subparagraph (A), such treatment shall remain effective until the earlier of such time as— (I) the individual is no longer registered to vote in the State; or (II) the individual provides an affirmative written notice revoking such treatment. (ii) Prohibition on revocation based on failure to vote \nThe treatment of an individual as having applied for an absentee ballot for all subsequent elections held in the State under subparagraph (A) shall not be revoked on the basis that the individual has not voted in an election.", "id": "H9F33174F551C4A71BF43447093BEF1DE", "header": "Applications for absentee ballots", "nested": [], "links": [] }, { "text": "(d) Accessibility for individuals with disabilities \nEach State shall ensure that all absentee ballot applications, absentee ballots, and related voting materials in elections for Federal office are accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including with privacy and independence) as for other voters.", "id": "H6C881D403B2A490C8910E90BE370EFB3", "header": "Accessibility for individuals with disabilities", "nested": [], "links": [] }, { "text": "(e) Uniform deadline for acceptance of mailed ballots \n(1) In General \nA State or local election official may not refuse to accept or process a ballot submitted by an individual by mail with respect to an election for Federal office in the State on the grounds that the individual did not meet a deadline for returning the ballot to the appropriate State or local election official if— (A) the ballot is postmarked or otherwise indicated by the United States Postal Service to have been mailed on or before the date of the election; and (B) the ballot is received by the appropriate election official prior to the expiration of the 7-day period which begins on the date of the election. (2) Rule of construction \nNothing in this subsection shall be construed to prohibit a State from having a law that allows for counting of ballots in an election for Federal office that are received through the mail after the date that is 7 days after the date of the election.", "id": "HF6519A9A4CE549F4881596A387C6F787", "header": "Uniform deadline for acceptance of mailed ballots", "nested": [], "links": [] }, { "text": "(f) Alternative methods of returning ballots \nIn addition to permitting an individual to whom a ballot in an election was provided under this section to return the ballot to an election official by mail, each State shall permit the individual to cast the ballot by delivering the ballot at such times and to such locations as the State may establish, including— (1) permitting the individual to deliver the ballot to a polling place within the jurisdiction in which the individual is registered or otherwise eligible to vote on any date on which voting in the election is held at the polling place; and (2) permitting the individual to deliver the ballot to a designated ballot drop-off location, a tribally designated building, or the office of a State or local election official.", "id": "H1D9B231277D74B27BDD88CBA3058696D", "header": "Alternative methods of returning ballots", "nested": [], "links": [] }, { "text": "(g) Ballot processing and scanning requirements \n(1) In general \nEach State or jurisdiction shall begin processing and scanning ballots cast by mail for tabulation not later than the date that is 14 days prior to the date of the election involved, except that a State may begin processing and scanning ballots cast by mail for tabulation after such date if the date on which the State begins such processing and scanning ensures, to the greatest extent practical, that ballots cast before the date of the election are processed and scanned before the date of the election. (2) Limitation \nNothing in this subsection shall be construed— (A) to permit a State to tabulate ballots in an election before the closing of the polls on the date of the election unless such tabulation is a necessary component of preprocessing in the State and is performed in accordance with existing State law; or (B) to permit an official to make public any results of tabulation and processing before the closing of the polls on the date of the election.", "id": "HBE1A8B552E484303B0166526055C14BC", "header": "Ballot processing and scanning requirements", "nested": [], "links": [] }, { "text": "(h) Prohibiting restrictions on distribution of absentee ballot applications by third parties \nA State may not prohibit any person from providing an application for an absentee ballot in the election to any individual who is eligible to vote in the election.", "id": "H9EC9F6C4ABC44B5B8DB4D151129AB3F0", "header": "Prohibiting restrictions on distribution of absentee ballot applications by third parties", "nested": [], "links": [] }, { "text": "(i) Rule of construction \nNothing in this section shall be construed to affect the authority of States to conduct elections for Federal office through the use of polling places at which individuals cast ballots.", "id": "HCFAE9FE3894B4A7DA57BCC4D7610C2C4", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(j) No effect on ballots submitted by absent military and overseas voters \nNothing in this section may be construed to affect the treatment of any ballot submitted by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ).", "id": "HAC0783AB76104544A779A0E00D78A90D", "header": "No effect on ballots submitted by absent military and overseas voters", "nested": [], "links": [ { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" } ] }, { "text": "(k) Effective date \nThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office.", "id": "H6D245E8B3C544094B52E6B7179BE97F3", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 10101(a)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/10101" }, { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" } ] }, { "text": "3407. Same-day processing of ballots \n(a) In general \nThe Postal Service shall ensure, to the maximum extent practicable, that any ballot carried by the Postal Service is processed by and cleared from any postal facility or post office on the same day that the ballot is received by that facility or post office. (b) Definitions \nAs used in this section— (1) the term ballot means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and (2) the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.", "id": "HD8768FD2CFD64F7CB341A55E3778606A", "header": "Same-day processing of ballots", "nested": [ { "text": "(a) In general \nThe Postal Service shall ensure, to the maximum extent practicable, that any ballot carried by the Postal Service is processed by and cleared from any postal facility or post office on the same day that the ballot is received by that facility or post office.", "id": "H2506BDBD8A724CFAA36EF2AD40536936", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nAs used in this section— (1) the term ballot means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and (2) the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.", "id": "H966B7C5DCA5D4004B7F7E45E983F48F3", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "1302. Balloting materials tracking program \n(a) In general \n(1) Requirements \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), and section 1301(a), is amended— (A) by redesignating sections 312 and 313 as sections 313 and 314, respectively; and (B) by inserting after section 311 the following new section: 312. Ballot materials tracking program \n(a) Requirement \nEach State shall carry out a program to track and confirm the receipt of mail-in ballots and absentee ballots in an election for Federal office under which the State or local election official responsible for the receipt of such voted ballots in the election carries out procedures to track and confirm the receipt of such ballots, and makes information on the receipt of such ballots available to the individual who cast the ballot. (b) Means of carrying out program \nA State may meet the requirements of subsection (a)— (1) through a program— (A) which is established by the State; (B) under which the State or local election official responsible for the receipt of voted mail-in ballots and voted absentee ballots in the election— (i) carries out procedures to track and confirm the receipt of such ballots; and (ii) makes information on the receipt of such ballots available to the individual who cast the ballot; and (C) which meets the requirements of subsection (c); or (2) through the ballot materials tracking service established under section 1302(b) of the Freedom to Vote Act. (c) State program requirements \nThe requirements of this subsection are as follows: (1) Information on whether vote was accepted \nThe information referred to under subsection (b)(1)(B)(ii) with respect to the receipt of mail-in ballot or an absentee ballot shall include information regarding whether the vote cast on the ballot was accepted, and, in the case of a vote which was rejected, the reasons therefor. (2) Availability of information \nInformation on whether a ballot was accepted or rejected shall be available within 1 business day of the State accepting or rejecting the ballot. (3) Accessibility of information \n(A) In general \nExcept as provided under subparagraph (B), the information provided under the program shall be available by means of online access using the internet site of the State or local election office. (B) Use of toll-free telephone number by officials without internet site \nIn the case of a State or local election official whose office does not have an internet site, the program shall require the official to establish a toll-free telephone number that may be used by an individual who cast an absentee ballot to obtain the information required under subsection (b)(1)(B). (d) Effective date \nThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2026 and each succeeding election for Federal office.. (2) Conforming amendments \nSection 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302 ) is amended by striking subsection (h) and redesignating subsection (i) as subsection (h). (b) Balloting materials tracking service \n(1) In general \nNot later than January 1, 2026, the Secretary of Homeland Security, in consultation with the Chair of the Election Assistance Commission, the Postmaster General, the Director of the General Services Administration, the Presidential designee, and State election officials, shall establish a balloting materials tracking service to be used by State and local jurisdictions to inform voters on the status of voter registration applications, absentee ballot applications, absentee ballots, and mail-in ballots. (2) Information tracked \nThe balloting materials tracking service established under paragraph (1) shall provide to a voter the following information with respect to that voter: (A) In the case of balloting materials sent by mail, tracking information from the United States Postal Service and the Presidential designee on balloting materials sent to the voter and, to the extent feasible, returned by the voter. (B) The date on which any request by the voter for an application for voter registration or an absentee ballot was received. (C) The date on which any such requested application was sent to the voter. (D) The date on which any such completed application was received from the voter and the status of such application. (E) The date on which any mail-in ballot or absentee ballot was sent to the voter. (F) The date on which any mail-in ballot or absentee ballot was out for delivery to the voter. (G) The date on which the post office processes the ballot. (H) The date on which the returned ballot was out for delivery to the election office. (I) Whether such ballot was accepted and counted, and in the case of any ballot not counted, the reason why the ballot was not counted. The information described in subparagraph (I) shall be available not later than 1 day after a determination is made on whether or not to accept and count the ballot. (3) Method of providing information \nThe balloting materials tracking service established under paragraph (1) shall allow voters the option to receive the information described in paragraph (2) through email (or other electronic means) or through the mail. (4) Public availability of limited information \nInformation described in subparagraphs (E), (G), and (I) of paragraph (2) shall be made available to political parties and voter registration organizations, at cost to cover the expense of providing such information, for use, in accordance with State guidelines and procedures, in helping to return or cure mail-in ballots during any period in which mail-in ballots may be returned. (5) Prohibition on fees \nThe Director may not charge any fee to a State or jurisdiction for use of the balloting materials tracking service in connection with any Federal, State, or local election. (6) Presidential designee \nFor purposes of this subsection, the term Presidential designee means the Presidential designee under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301(a) ). (7) Authorization of appropriations \nThere are authorized to be appropriated to the Director such sums as are necessary for purposes of carrying out this subsection. (c) Reimbursement for costs incurred by States in establishing program \nSubtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 et seq. ) is amended by adding at the end the following new part: 7 Payments To reimburse States for costs incurred in establishing program To track and confirm receipt of absentee ballots \n297. Payments to States \n(a) Payments for costs of program \nIn accordance with this section, the Commission shall make a payment to a State to reimburse the State for the costs incurred in establishing the absentee ballot tracking program under section 322(b)(1) (including costs incurred prior to the date of enactment of this part). (b) Certification of compliance and costs \n(1) Certification required \nIn order to receive a payment under this section, a State shall submit to the Commission a statement containing— (A) a certification that the State has established an absentee ballot tracking program with respect to elections for Federal office held in the State; and (B) a statement of the costs incurred by the State in establishing the program. (2) Amount of payment \nThe amount of a payment made to a State under this section shall be equal to the costs incurred by the State in establishing the absentee ballot tracking program, as set forth in the statement submitted under paragraph (1), except that such amount may not exceed the product of— (A) the number of jurisdictions in the State which are responsible for operating the program; and (B) $3,000. (3) Limit on number of payments received \nA State may not receive more than one payment under this part. 297A. Authorization of appropriations \n(a) Authorization \nThere are authorized to be appropriated to the Commission for fiscal year 2024 and each succeeding fiscal year such sums as may be necessary for payments under this part. (b) Continuing availability of funds \nAny amounts appropriated pursuant to the authorization under this section shall remain available until expended.. (d) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), and section 1301(a), is amended— (1) by adding at the end of the items relating to subtitle D of title II the following: Part 7—Payments To reimburse states for costs incurred in establishing program To track and confirm receipt of absentee ballots Sec. 297. Payments to States. Sec. 297A. Authorization of appropriations. ; (2) by redesignating the items relating to sections 312 and 313 as relating to sections 313 and 314, respectively; and (3) by inserting after the item relating to section 311 the following new item: Sec. 312. Absentee ballot tracking program..", "id": "H8320F999E3B14B078C290165F704F5DB", "header": "Balloting materials tracking program", "nested": [ { "text": "(a) In general \n(1) Requirements \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), and section 1301(a), is amended— (A) by redesignating sections 312 and 313 as sections 313 and 314, respectively; and (B) by inserting after section 311 the following new section: 312. Ballot materials tracking program \n(a) Requirement \nEach State shall carry out a program to track and confirm the receipt of mail-in ballots and absentee ballots in an election for Federal office under which the State or local election official responsible for the receipt of such voted ballots in the election carries out procedures to track and confirm the receipt of such ballots, and makes information on the receipt of such ballots available to the individual who cast the ballot. (b) Means of carrying out program \nA State may meet the requirements of subsection (a)— (1) through a program— (A) which is established by the State; (B) under which the State or local election official responsible for the receipt of voted mail-in ballots and voted absentee ballots in the election— (i) carries out procedures to track and confirm the receipt of such ballots; and (ii) makes information on the receipt of such ballots available to the individual who cast the ballot; and (C) which meets the requirements of subsection (c); or (2) through the ballot materials tracking service established under section 1302(b) of the Freedom to Vote Act. (c) State program requirements \nThe requirements of this subsection are as follows: (1) Information on whether vote was accepted \nThe information referred to under subsection (b)(1)(B)(ii) with respect to the receipt of mail-in ballot or an absentee ballot shall include information regarding whether the vote cast on the ballot was accepted, and, in the case of a vote which was rejected, the reasons therefor. (2) Availability of information \nInformation on whether a ballot was accepted or rejected shall be available within 1 business day of the State accepting or rejecting the ballot. (3) Accessibility of information \n(A) In general \nExcept as provided under subparagraph (B), the information provided under the program shall be available by means of online access using the internet site of the State or local election office. (B) Use of toll-free telephone number by officials without internet site \nIn the case of a State or local election official whose office does not have an internet site, the program shall require the official to establish a toll-free telephone number that may be used by an individual who cast an absentee ballot to obtain the information required under subsection (b)(1)(B). (d) Effective date \nThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2026 and each succeeding election for Federal office.. (2) Conforming amendments \nSection 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302 ) is amended by striking subsection (h) and redesignating subsection (i) as subsection (h).", "id": "HB45517C002F840F1BC78D8F08C728335", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 20302", "legal-doc": "usc", "parsable-cite": "usc/52/20302" } ] }, { "text": "(b) Balloting materials tracking service \n(1) In general \nNot later than January 1, 2026, the Secretary of Homeland Security, in consultation with the Chair of the Election Assistance Commission, the Postmaster General, the Director of the General Services Administration, the Presidential designee, and State election officials, shall establish a balloting materials tracking service to be used by State and local jurisdictions to inform voters on the status of voter registration applications, absentee ballot applications, absentee ballots, and mail-in ballots. (2) Information tracked \nThe balloting materials tracking service established under paragraph (1) shall provide to a voter the following information with respect to that voter: (A) In the case of balloting materials sent by mail, tracking information from the United States Postal Service and the Presidential designee on balloting materials sent to the voter and, to the extent feasible, returned by the voter. (B) The date on which any request by the voter for an application for voter registration or an absentee ballot was received. (C) The date on which any such requested application was sent to the voter. (D) The date on which any such completed application was received from the voter and the status of such application. (E) The date on which any mail-in ballot or absentee ballot was sent to the voter. (F) The date on which any mail-in ballot or absentee ballot was out for delivery to the voter. (G) The date on which the post office processes the ballot. (H) The date on which the returned ballot was out for delivery to the election office. (I) Whether such ballot was accepted and counted, and in the case of any ballot not counted, the reason why the ballot was not counted. The information described in subparagraph (I) shall be available not later than 1 day after a determination is made on whether or not to accept and count the ballot. (3) Method of providing information \nThe balloting materials tracking service established under paragraph (1) shall allow voters the option to receive the information described in paragraph (2) through email (or other electronic means) or through the mail. (4) Public availability of limited information \nInformation described in subparagraphs (E), (G), and (I) of paragraph (2) shall be made available to political parties and voter registration organizations, at cost to cover the expense of providing such information, for use, in accordance with State guidelines and procedures, in helping to return or cure mail-in ballots during any period in which mail-in ballots may be returned. (5) Prohibition on fees \nThe Director may not charge any fee to a State or jurisdiction for use of the balloting materials tracking service in connection with any Federal, State, or local election. (6) Presidential designee \nFor purposes of this subsection, the term Presidential designee means the Presidential designee under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301(a) ). (7) Authorization of appropriations \nThere are authorized to be appropriated to the Director such sums as are necessary for purposes of carrying out this subsection.", "id": "H4C66A186CD074AE9B5DDC132A6234B7A", "header": "Balloting materials tracking service", "nested": [], "links": [ { "text": "52 U.S.C. 20301(a)", "legal-doc": "usc", "parsable-cite": "usc/52/20301" } ] }, { "text": "(c) Reimbursement for costs incurred by States in establishing program \nSubtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 et seq. ) is amended by adding at the end the following new part: 7 Payments To reimburse States for costs incurred in establishing program To track and confirm receipt of absentee ballots \n297. Payments to States \n(a) Payments for costs of program \nIn accordance with this section, the Commission shall make a payment to a State to reimburse the State for the costs incurred in establishing the absentee ballot tracking program under section 322(b)(1) (including costs incurred prior to the date of enactment of this part). (b) Certification of compliance and costs \n(1) Certification required \nIn order to receive a payment under this section, a State shall submit to the Commission a statement containing— (A) a certification that the State has established an absentee ballot tracking program with respect to elections for Federal office held in the State; and (B) a statement of the costs incurred by the State in establishing the program. (2) Amount of payment \nThe amount of a payment made to a State under this section shall be equal to the costs incurred by the State in establishing the absentee ballot tracking program, as set forth in the statement submitted under paragraph (1), except that such amount may not exceed the product of— (A) the number of jurisdictions in the State which are responsible for operating the program; and (B) $3,000. (3) Limit on number of payments received \nA State may not receive more than one payment under this part. 297A. Authorization of appropriations \n(a) Authorization \nThere are authorized to be appropriated to the Commission for fiscal year 2024 and each succeeding fiscal year such sums as may be necessary for payments under this part. (b) Continuing availability of funds \nAny amounts appropriated pursuant to the authorization under this section shall remain available until expended..", "id": "H5539B1A28CC24EBF8F213533642C4F11", "header": "Reimbursement for costs incurred by States in establishing program", "nested": [], "links": [ { "text": "52 U.S.C. 21001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21001" } ] }, { "text": "(d) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), and section 1301(a), is amended— (1) by adding at the end of the items relating to subtitle D of title II the following: Part 7—Payments To reimburse states for costs incurred in establishing program To track and confirm receipt of absentee ballots Sec. 297. Payments to States. Sec. 297A. Authorization of appropriations. ; (2) by redesignating the items relating to sections 312 and 313 as relating to sections 313 and 314, respectively; and (3) by inserting after the item relating to section 311 the following new item: Sec. 312. Absentee ballot tracking program..", "id": "H794AC925FAD841E494A64685994ACC16", "header": "Clerical amendments", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 20302", "legal-doc": "usc", "parsable-cite": "usc/52/20302" }, { "text": "52 U.S.C. 20301(a)", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 21001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21001" } ] }, { "text": "312. Ballot materials tracking program \n(a) Requirement \nEach State shall carry out a program to track and confirm the receipt of mail-in ballots and absentee ballots in an election for Federal office under which the State or local election official responsible for the receipt of such voted ballots in the election carries out procedures to track and confirm the receipt of such ballots, and makes information on the receipt of such ballots available to the individual who cast the ballot. (b) Means of carrying out program \nA State may meet the requirements of subsection (a)— (1) through a program— (A) which is established by the State; (B) under which the State or local election official responsible for the receipt of voted mail-in ballots and voted absentee ballots in the election— (i) carries out procedures to track and confirm the receipt of such ballots; and (ii) makes information on the receipt of such ballots available to the individual who cast the ballot; and (C) which meets the requirements of subsection (c); or (2) through the ballot materials tracking service established under section 1302(b) of the Freedom to Vote Act. (c) State program requirements \nThe requirements of this subsection are as follows: (1) Information on whether vote was accepted \nThe information referred to under subsection (b)(1)(B)(ii) with respect to the receipt of mail-in ballot or an absentee ballot shall include information regarding whether the vote cast on the ballot was accepted, and, in the case of a vote which was rejected, the reasons therefor. (2) Availability of information \nInformation on whether a ballot was accepted or rejected shall be available within 1 business day of the State accepting or rejecting the ballot. (3) Accessibility of information \n(A) In general \nExcept as provided under subparagraph (B), the information provided under the program shall be available by means of online access using the internet site of the State or local election office. (B) Use of toll-free telephone number by officials without internet site \nIn the case of a State or local election official whose office does not have an internet site, the program shall require the official to establish a toll-free telephone number that may be used by an individual who cast an absentee ballot to obtain the information required under subsection (b)(1)(B). (d) Effective date \nThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2026 and each succeeding election for Federal office.", "id": "H9BF34355BF12428B8F5026072CF47444", "header": "Ballot materials tracking program", "nested": [ { "text": "(a) Requirement \nEach State shall carry out a program to track and confirm the receipt of mail-in ballots and absentee ballots in an election for Federal office under which the State or local election official responsible for the receipt of such voted ballots in the election carries out procedures to track and confirm the receipt of such ballots, and makes information on the receipt of such ballots available to the individual who cast the ballot.", "id": "H60599B7522A14877AA6594A9954EBBB4", "header": "Requirement", "nested": [], "links": [] }, { "text": "(b) Means of carrying out program \nA State may meet the requirements of subsection (a)— (1) through a program— (A) which is established by the State; (B) under which the State or local election official responsible for the receipt of voted mail-in ballots and voted absentee ballots in the election— (i) carries out procedures to track and confirm the receipt of such ballots; and (ii) makes information on the receipt of such ballots available to the individual who cast the ballot; and (C) which meets the requirements of subsection (c); or (2) through the ballot materials tracking service established under section 1302(b) of the Freedom to Vote Act.", "id": "HB8573F4E771A4E868A7C74CFE4A26AF2", "header": "Means of carrying out program", "nested": [], "links": [] }, { "text": "(c) State program requirements \nThe requirements of this subsection are as follows: (1) Information on whether vote was accepted \nThe information referred to under subsection (b)(1)(B)(ii) with respect to the receipt of mail-in ballot or an absentee ballot shall include information regarding whether the vote cast on the ballot was accepted, and, in the case of a vote which was rejected, the reasons therefor. (2) Availability of information \nInformation on whether a ballot was accepted or rejected shall be available within 1 business day of the State accepting or rejecting the ballot. (3) Accessibility of information \n(A) In general \nExcept as provided under subparagraph (B), the information provided under the program shall be available by means of online access using the internet site of the State or local election office. (B) Use of toll-free telephone number by officials without internet site \nIn the case of a State or local election official whose office does not have an internet site, the program shall require the official to establish a toll-free telephone number that may be used by an individual who cast an absentee ballot to obtain the information required under subsection (b)(1)(B).", "id": "H85222E938BB44509862B1207798788B5", "header": "State program requirements", "nested": [], "links": [] }, { "text": "(d) Effective date \nThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2026 and each succeeding election for Federal office.", "id": "H46B43DE317C342B9BA62F0D86AA05423", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "297. Payments to States \n(a) Payments for costs of program \nIn accordance with this section, the Commission shall make a payment to a State to reimburse the State for the costs incurred in establishing the absentee ballot tracking program under section 322(b)(1) (including costs incurred prior to the date of enactment of this part). (b) Certification of compliance and costs \n(1) Certification required \nIn order to receive a payment under this section, a State shall submit to the Commission a statement containing— (A) a certification that the State has established an absentee ballot tracking program with respect to elections for Federal office held in the State; and (B) a statement of the costs incurred by the State in establishing the program. (2) Amount of payment \nThe amount of a payment made to a State under this section shall be equal to the costs incurred by the State in establishing the absentee ballot tracking program, as set forth in the statement submitted under paragraph (1), except that such amount may not exceed the product of— (A) the number of jurisdictions in the State which are responsible for operating the program; and (B) $3,000. (3) Limit on number of payments received \nA State may not receive more than one payment under this part.", "id": "HC415E440140840AEA1D6FD948009E407", "header": "Payments to States", "nested": [ { "text": "(a) Payments for costs of program \nIn accordance with this section, the Commission shall make a payment to a State to reimburse the State for the costs incurred in establishing the absentee ballot tracking program under section 322(b)(1) (including costs incurred prior to the date of enactment of this part).", "id": "HF92933F0EAB446A48BC8A95FEC447ED4", "header": "Payments for costs of program", "nested": [], "links": [] }, { "text": "(b) Certification of compliance and costs \n(1) Certification required \nIn order to receive a payment under this section, a State shall submit to the Commission a statement containing— (A) a certification that the State has established an absentee ballot tracking program with respect to elections for Federal office held in the State; and (B) a statement of the costs incurred by the State in establishing the program. (2) Amount of payment \nThe amount of a payment made to a State under this section shall be equal to the costs incurred by the State in establishing the absentee ballot tracking program, as set forth in the statement submitted under paragraph (1), except that such amount may not exceed the product of— (A) the number of jurisdictions in the State which are responsible for operating the program; and (B) $3,000. (3) Limit on number of payments received \nA State may not receive more than one payment under this part.", "id": "HC4C370E017994D10B239810675B45672", "header": "Certification of compliance and costs", "nested": [], "links": [] } ], "links": [] }, { "text": "297A. Authorization of appropriations \n(a) Authorization \nThere are authorized to be appropriated to the Commission for fiscal year 2024 and each succeeding fiscal year such sums as may be necessary for payments under this part. (b) Continuing availability of funds \nAny amounts appropriated pursuant to the authorization under this section shall remain available until expended.", "id": "H6D824D351E11458AAB19759CD3914434", "header": "Authorization of appropriations", "nested": [ { "text": "(a) Authorization \nThere are authorized to be appropriated to the Commission for fiscal year 2024 and each succeeding fiscal year such sums as may be necessary for payments under this part.", "id": "H0C713941877D47AA9A1920084B56C630", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Continuing availability of funds \nAny amounts appropriated pursuant to the authorization under this section shall remain available until expended.", "id": "H4A46E5C4AED74DC1BF42D9C5F2816C73", "header": "Continuing availability of funds", "nested": [], "links": [] } ], "links": [] }, { "text": "1303. Election mail and delivery improvements \n(a) Postmark required for ballots \n(1) In general \nChapter 34 of title 39, United States Code, as amended by section 1301(b), is amended by adding at the end the following: 3408. Postmark required for ballots \n(a) In general \nIn the case of any absentee ballot carried by the Postal Service, the Postal Service shall indicate on the ballot envelope, using a postmark or otherwise— (1) the fact that the ballot was carried by the Postal Service; and (2) the date on which the ballot was mailed. (b) Definitions \nAs used in this section— (1) the term absentee ballot means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and (2) the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.. (2) Technical and conforming amendment \nThe table of sections for chapter 34 of title 39, United States Code, as amended by section 1301(b), is amended by adding at the end the following: 3408. Postmark required for ballots.. (3) Effective date \nThe amendments made by this subsection shall apply to absentee ballots relating to an election for Federal office occurring on or after January 1, 2024. (b) Greater visibility for ballots \n(1) In general \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), and section 1302(a), is amended— (A) by redesignating sections 313 and 314 as sections 314 and 315, respectively; and (B) by inserting after section 312 the following new section: 313. Ballot visibility \n(a) In general \nEach State or local election official shall— (1) affix Tag 191, Domestic and International Mail-In Ballots (or any successor tag designated by the United States Postal Service), to any tray or sack of official ballots relating to an election for Federal office that is destined for a domestic or international address; (2) use the Official Election Mail logo to designate official ballots relating to an election for Federal office that is destined for a domestic or international address; and (3) if an intelligent mail barcode is utilized for any official ballot relating to an election for Federal office that is destined for a domestic or international address, ensure the specific ballot service type identifier for such mail is visible. (b) Effective date \nThe requirements of this section shall apply to elections for Federal office occurring on and after January 1, 2024.. (2) Voluntary guidance \nSection 321(b)(4) of such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b) and as amended by sections 1102, 1103 and 1104, is amended by striking and 309 and inserting 309, and 313. (3) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), and section 1302(a), is amended— (A) by redesignating the items relating to sections 313 and 314 as relating to sections 314 and 315; and (B) by inserting after the item relating to section 312 the following new item: Sec. 313. Ballot visibility..", "id": "HA5A28D4D00D448658DC8C0B3A9662C5A", "header": "Election mail and delivery improvements", "nested": [ { "text": "(a) Postmark required for ballots \n(1) In general \nChapter 34 of title 39, United States Code, as amended by section 1301(b), is amended by adding at the end the following: 3408. Postmark required for ballots \n(a) In general \nIn the case of any absentee ballot carried by the Postal Service, the Postal Service shall indicate on the ballot envelope, using a postmark or otherwise— (1) the fact that the ballot was carried by the Postal Service; and (2) the date on which the ballot was mailed. (b) Definitions \nAs used in this section— (1) the term absentee ballot means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and (2) the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.. (2) Technical and conforming amendment \nThe table of sections for chapter 34 of title 39, United States Code, as amended by section 1301(b), is amended by adding at the end the following: 3408. Postmark required for ballots.. (3) Effective date \nThe amendments made by this subsection shall apply to absentee ballots relating to an election for Federal office occurring on or after January 1, 2024.", "id": "HA55C5908693D498A9C7DFC7F70B6848E", "header": "Postmark required for ballots", "nested": [], "links": [ { "text": "Chapter 34", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/39/34" }, { "text": "chapter 34", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/39/34" } ] }, { "text": "(b) Greater visibility for ballots \n(1) In general \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), and section 1302(a), is amended— (A) by redesignating sections 313 and 314 as sections 314 and 315, respectively; and (B) by inserting after section 312 the following new section: 313. Ballot visibility \n(a) In general \nEach State or local election official shall— (1) affix Tag 191, Domestic and International Mail-In Ballots (or any successor tag designated by the United States Postal Service), to any tray or sack of official ballots relating to an election for Federal office that is destined for a domestic or international address; (2) use the Official Election Mail logo to designate official ballots relating to an election for Federal office that is destined for a domestic or international address; and (3) if an intelligent mail barcode is utilized for any official ballot relating to an election for Federal office that is destined for a domestic or international address, ensure the specific ballot service type identifier for such mail is visible. (b) Effective date \nThe requirements of this section shall apply to elections for Federal office occurring on and after January 1, 2024.. (2) Voluntary guidance \nSection 321(b)(4) of such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b) and as amended by sections 1102, 1103 and 1104, is amended by striking and 309 and inserting 309, and 313. (3) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), and section 1302(a), is amended— (A) by redesignating the items relating to sections 313 and 314 as relating to sections 314 and 315; and (B) by inserting after the item relating to section 312 the following new item: Sec. 313. Ballot visibility..", "id": "H779D2F12AC6E4E89A5C77F9D51A91CDA", "header": "Greater visibility for ballots", "nested": [], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 21101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21101" } ] } ], "links": [ { "text": "Chapter 34", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/39/34" }, { "text": "chapter 34", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/39/34" }, { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 21101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21101" } ] }, { "text": "3408. Postmark required for ballots \n(a) In general \nIn the case of any absentee ballot carried by the Postal Service, the Postal Service shall indicate on the ballot envelope, using a postmark or otherwise— (1) the fact that the ballot was carried by the Postal Service; and (2) the date on which the ballot was mailed. (b) Definitions \nAs used in this section— (1) the term absentee ballot means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and (2) the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.", "id": "HAB0F3030FA484C1ABE3D37829CD3E5CF", "header": "Postmark required for ballots", "nested": [ { "text": "(a) In general \nIn the case of any absentee ballot carried by the Postal Service, the Postal Service shall indicate on the ballot envelope, using a postmark or otherwise— (1) the fact that the ballot was carried by the Postal Service; and (2) the date on which the ballot was mailed.", "id": "HFEF0C77C56904A4ABA8EF6CC73BA9ECE", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nAs used in this section— (1) the term absentee ballot means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and (2) the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.", "id": "HD6298FE167324828B725EB09F5AE391C", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "313. Ballot visibility \n(a) In general \nEach State or local election official shall— (1) affix Tag 191, Domestic and International Mail-In Ballots (or any successor tag designated by the United States Postal Service), to any tray or sack of official ballots relating to an election for Federal office that is destined for a domestic or international address; (2) use the Official Election Mail logo to designate official ballots relating to an election for Federal office that is destined for a domestic or international address; and (3) if an intelligent mail barcode is utilized for any official ballot relating to an election for Federal office that is destined for a domestic or international address, ensure the specific ballot service type identifier for such mail is visible. (b) Effective date \nThe requirements of this section shall apply to elections for Federal office occurring on and after January 1, 2024.", "id": "H0679820FCB4C43EDA11FDE9C4C78F5AD", "header": "Ballot visibility", "nested": [ { "text": "(a) In general \nEach State or local election official shall— (1) affix Tag 191, Domestic and International Mail-In Ballots (or any successor tag designated by the United States Postal Service), to any tray or sack of official ballots relating to an election for Federal office that is destined for a domestic or international address; (2) use the Official Election Mail logo to designate official ballots relating to an election for Federal office that is destined for a domestic or international address; and (3) if an intelligent mail barcode is utilized for any official ballot relating to an election for Federal office that is destined for a domestic or international address, ensure the specific ballot service type identifier for such mail is visible.", "id": "H66AC649B77D54DA3A3F54EE6444166AD", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe requirements of this section shall apply to elections for Federal office occurring on and after January 1, 2024.", "id": "HCF97E93E951D4647B5E1C41D7FA99EFC", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "1304. Carriage of election mail \n(a) Treatment of election mail \n(1) Treatment as first-class mail; free postage \nChapter 34 of title 39, United States Code, as amended by section 1301(b) and section 1303(a), is amended by adding at the end the following: 3409. Domestic election mail; restriction of operational changes prior to elections \n(a) Definition \nIn this section, the term election mail means— (1) a blank or completed voter registration application form, voter registration card, or similar materials, relating to an election for Federal office; (2) a blank or completed absentee and other mail-in ballot application form, and a blank or completed absentee or other mail-in ballot, relating to an election for Federal office, and (3) other materials relating to an election for Federal office that are mailed by a State or local election official to an individual who is registered to vote. (b) Carriage of election mail \nElection mail (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)), individually or in bulk, shall be carried in accordance with the service standards established for first-class mail under section 3691. (c) No postage required for completed ballots \nCompleted absentee or other mail-in ballots (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)) shall be carried free of postage. (d) Restriction of operational changes \nDuring the 120-day period that ends on the date of an election for Federal office, the Postal Service may not carry out any new operational change that would restrict the prompt and reliable delivery of election mail. This subsection applies to operational changes which include— (1) removing or eliminating any mail collection box without immediately replacing it; and (2) removing, decommissioning, or any other form of stopping the operation of mail sorting machines, other than for routine maintenance. (e) Election mail coordinator \nThe Postal Service shall appoint an Election Mail Coordinator at each area office and district office to facilitate relevant information sharing with State, territorial, local, and Tribal election officials in regards to the mailing of election mail.. (2) Reimbursement of Postal Service for revenue forgone \nSection 2401(c) of title 39, United States Code, is amended by striking sections 3217 and 3403 through 3406 and inserting sections 3217, 3403 through 3406, and 3409. (b) Technical and conforming amendment \nThe table of sections for chapter 34 of title 39, United States Code, as amended by section 1301(b) and section 1303(a), is amended by adding at the end the following: 3409. Domestic election mail; restriction of operational changes prior to elections.. (c) Effective date \nThe amendments made by this section shall take effect upon the expiration of the 180-day period that begins on the date of enactment of this section.", "id": "H82629A5A108F49658938BFA6F8B1A8BE", "header": "Carriage of election mail", "nested": [ { "text": "(a) Treatment of election mail \n(1) Treatment as first-class mail; free postage \nChapter 34 of title 39, United States Code, as amended by section 1301(b) and section 1303(a), is amended by adding at the end the following: 3409. Domestic election mail; restriction of operational changes prior to elections \n(a) Definition \nIn this section, the term election mail means— (1) a blank or completed voter registration application form, voter registration card, or similar materials, relating to an election for Federal office; (2) a blank or completed absentee and other mail-in ballot application form, and a blank or completed absentee or other mail-in ballot, relating to an election for Federal office, and (3) other materials relating to an election for Federal office that are mailed by a State or local election official to an individual who is registered to vote. (b) Carriage of election mail \nElection mail (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)), individually or in bulk, shall be carried in accordance with the service standards established for first-class mail under section 3691. (c) No postage required for completed ballots \nCompleted absentee or other mail-in ballots (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)) shall be carried free of postage. (d) Restriction of operational changes \nDuring the 120-day period that ends on the date of an election for Federal office, the Postal Service may not carry out any new operational change that would restrict the prompt and reliable delivery of election mail. This subsection applies to operational changes which include— (1) removing or eliminating any mail collection box without immediately replacing it; and (2) removing, decommissioning, or any other form of stopping the operation of mail sorting machines, other than for routine maintenance. (e) Election mail coordinator \nThe Postal Service shall appoint an Election Mail Coordinator at each area office and district office to facilitate relevant information sharing with State, territorial, local, and Tribal election officials in regards to the mailing of election mail.. (2) Reimbursement of Postal Service for revenue forgone \nSection 2401(c) of title 39, United States Code, is amended by striking sections 3217 and 3403 through 3406 and inserting sections 3217, 3403 through 3406, and 3409.", "id": "HAC4CFBF0B61E4E8DBE3ED103AE8C007A", "header": "Treatment of election mail", "nested": [], "links": [ { "text": "Chapter 34", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/39/34" } ] }, { "text": "(b) Technical and conforming amendment \nThe table of sections for chapter 34 of title 39, United States Code, as amended by section 1301(b) and section 1303(a), is amended by adding at the end the following: 3409. Domestic election mail; restriction of operational changes prior to elections..", "id": "H1ACA475BCDD4497487433C2BFADD7184", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "chapter 34", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/39/34" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall take effect upon the expiration of the 180-day period that begins on the date of enactment of this section.", "id": "HDCA8F639B88B41688D97BE9F45C8C4B5", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 34", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/39/34" }, { "text": "chapter 34", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/39/34" } ] }, { "text": "3409. Domestic election mail; restriction of operational changes prior to elections \n(a) Definition \nIn this section, the term election mail means— (1) a blank or completed voter registration application form, voter registration card, or similar materials, relating to an election for Federal office; (2) a blank or completed absentee and other mail-in ballot application form, and a blank or completed absentee or other mail-in ballot, relating to an election for Federal office, and (3) other materials relating to an election for Federal office that are mailed by a State or local election official to an individual who is registered to vote. (b) Carriage of election mail \nElection mail (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)), individually or in bulk, shall be carried in accordance with the service standards established for first-class mail under section 3691. (c) No postage required for completed ballots \nCompleted absentee or other mail-in ballots (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)) shall be carried free of postage. (d) Restriction of operational changes \nDuring the 120-day period that ends on the date of an election for Federal office, the Postal Service may not carry out any new operational change that would restrict the prompt and reliable delivery of election mail. This subsection applies to operational changes which include— (1) removing or eliminating any mail collection box without immediately replacing it; and (2) removing, decommissioning, or any other form of stopping the operation of mail sorting machines, other than for routine maintenance. (e) Election mail coordinator \nThe Postal Service shall appoint an Election Mail Coordinator at each area office and district office to facilitate relevant information sharing with State, territorial, local, and Tribal election officials in regards to the mailing of election mail.", "id": "H1B7C8F04DE4D4BB5B33C6D5BFF76DFD4", "header": "Domestic election mail; restriction of operational changes prior to elections", "nested": [ { "text": "(a) Definition \nIn this section, the term election mail means— (1) a blank or completed voter registration application form, voter registration card, or similar materials, relating to an election for Federal office; (2) a blank or completed absentee and other mail-in ballot application form, and a blank or completed absentee or other mail-in ballot, relating to an election for Federal office, and (3) other materials relating to an election for Federal office that are mailed by a State or local election official to an individual who is registered to vote.", "id": "H4E721E5A39A345D3A912FAEB4F8B24E7", "header": "Definition", "nested": [], "links": [] }, { "text": "(b) Carriage of election mail \nElection mail (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)), individually or in bulk, shall be carried in accordance with the service standards established for first-class mail under section 3691.", "id": "H8275DEF8591C4F24BBCEE162971310E6", "header": "Carriage of election mail", "nested": [], "links": [] }, { "text": "(c) No postage required for completed ballots \nCompleted absentee or other mail-in ballots (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)) shall be carried free of postage.", "id": "HDA648323AFEF4D2F8DF12B6FCBA0AA23", "header": "No postage required for completed ballots", "nested": [], "links": [] }, { "text": "(d) Restriction of operational changes \nDuring the 120-day period that ends on the date of an election for Federal office, the Postal Service may not carry out any new operational change that would restrict the prompt and reliable delivery of election mail. This subsection applies to operational changes which include— (1) removing or eliminating any mail collection box without immediately replacing it; and (2) removing, decommissioning, or any other form of stopping the operation of mail sorting machines, other than for routine maintenance.", "id": "H65AE8FCFAB6F4137B8C465ED5DA911A7", "header": "Restriction of operational changes", "nested": [], "links": [] }, { "text": "(e) Election mail coordinator \nThe Postal Service shall appoint an Election Mail Coordinator at each area office and district office to facilitate relevant information sharing with State, territorial, local, and Tribal election officials in regards to the mailing of election mail.", "id": "H837E982FA3A34F209A1273A6BF027557", "header": "Election mail coordinator", "nested": [], "links": [] } ], "links": [] }, { "text": "1305. Requiring States to provide secured drop boxes for voted ballots in elections for Federal office \n(a) Requirement \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), and section 1303(b) is amended— (1) by redesignating sections 314 and 315 as sections 315 and 316, respectively; and (2) by inserting after section 313 the following new section: 314. Use of secured drop boxes for voted ballots \n(a) Requiring use of drop boxes \nEach jurisdiction shall provide in-person, secured, and clearly labeled drop boxes at which individuals may, at any time during the period described in subsection (b), drop off voted ballots in an election for Federal office. (b) Minimum period for availability of drop boxes \nThe period described in this subsection is, with respect to an election, the period that begins on the first day on which the jurisdiction sends mail-in ballots or absentee ballots (other than ballots for absent uniformed overseas voters (as defined in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20310(1) )) or overseas voters (as defined in section 107(5) of such Act ( 52 U.S.C. 20310(5) ))) to voters for such election and which ends at the time the polls close for the election in the jurisdiction involved. (c) Accessibility \n(1) Hours of access \n(A) In general \nExcept as provided in subparagraph (B), each drop box provided under this section shall be accessible to voters for a reasonable number of hours each day. (B) 24-hour drop boxes \n(i) In general \nOf the number of drop boxes provided in any jurisdiction, not less than the required number shall be accessible for 24 hours per day during the period described in subsection (b). (ii) Required number \nThe required number is the greater of— (I) 25 percent of the drop boxes required under subsection (d); or (II) 1 drop box. (2) Population \n(A) In general \nDrop boxes provided under this section shall be accessible for use— (i) by individuals with disabilities, as determined in consultation with the protection and advocacy systems (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )) of the State; (ii) by individuals with limited proficiency in the English language; and (iii) by homeless individuals (as defined in section 103 of the McKinney–Vento Homeless Assistance Act ( 42 U.S.C. 11302 )) within the State. (B) Determination of accessibility for individuals with disabilities \nFor purposes of this paragraph, drop boxes shall be considered to be accessible for use by individuals with disabilities if the drop boxes meet such criteria as the Attorney General may establish for such purposes. (C) Rule of construction \nIf a drop box provided under this section is on the grounds of or inside a building or facility which serves as a polling place for an election during the period described in subsection (b), nothing in this subsection may be construed to waive any requirements regarding the accessibility of such polling place for the use of individuals with disabilities, individuals with limited proficiency in the English language, or homeless individuals. (d) Number of drop boxes \nEach jurisdiction shall have— (1) in the case of any election for Federal office prior to the regularly scheduled general election for Federal office held in November 2026, not less than 1 drop box for every 45,000 registered voters located in the jurisdiction; and (2) in the case of the regularly scheduled general election for Federal office held in November 2026 and each election for Federal office occurring thereafter, not less than the greater of— (A) 1 drop box for every 45,000 registered voters located in the jurisdiction; or (B) 1 drop box for every 15,000 votes that were cast by mail in the jurisdiction in the most recent general election that includes an election for the office of President. In no case shall a jurisdiction have fewer than 1 drop box for any election for Federal office. (e) Location of drop boxes \nThe State shall determine the location of drop boxes provided under this section in a jurisdiction on the basis of criteria which ensure that the drop boxes are— (1) available to all voters on a non-discriminatory basis; (2) accessible to voters with disabilities (in accordance with subsection (c)); (3) accessible by public transportation to the greatest extent possible; (4) available during all hours of the day; (5) sufficiently available in all communities in the jurisdiction, including rural communities and on Tribal lands within the jurisdiction (subject to subsection (f)); and (6) geographically distributed to provide a reasonable opportunity for voters to submit their voted ballot in a timely manner. (f) Timing of scanning and processing of ballots \nFor purposes of section 311(g) (relating to the timing of the processing and scanning of ballots for tabulation), a vote cast using a drop box provided under this section shall be treated in the same manner as a ballot cast by mail. (g) Posting of information \nOn or adjacent to each drop box provided under this section, the State shall post information on the requirements that voted absentee ballots must meet in order to be counted and tabulated in the election. (h) Remote surveillance \nNothing in this section shall prohibit a State from providing for the security of drop boxes through remote or electronic surveillance. (i) Effective date \nThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office.. (b) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(c), section 1302(a), and section 1303(b), is amended— (1) by redesignating the items relating to sections 314 and 315 as relating to sections 315 and 316, respectively; and (2) by inserting after the item relating to section 313 the following new item: Sec. 314. Use of secured drop boxes for voted absentee ballots..", "id": "H76BC6BEC2CD64A00842D3519A47C0C97", "header": "Requiring States to provide secured drop boxes for voted ballots in elections for Federal office", "nested": [ { "text": "(a) Requirement \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), and section 1303(b) is amended— (1) by redesignating sections 314 and 315 as sections 315 and 316, respectively; and (2) by inserting after section 313 the following new section: 314. Use of secured drop boxes for voted ballots \n(a) Requiring use of drop boxes \nEach jurisdiction shall provide in-person, secured, and clearly labeled drop boxes at which individuals may, at any time during the period described in subsection (b), drop off voted ballots in an election for Federal office. (b) Minimum period for availability of drop boxes \nThe period described in this subsection is, with respect to an election, the period that begins on the first day on which the jurisdiction sends mail-in ballots or absentee ballots (other than ballots for absent uniformed overseas voters (as defined in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20310(1) )) or overseas voters (as defined in section 107(5) of such Act ( 52 U.S.C. 20310(5) ))) to voters for such election and which ends at the time the polls close for the election in the jurisdiction involved. (c) Accessibility \n(1) Hours of access \n(A) In general \nExcept as provided in subparagraph (B), each drop box provided under this section shall be accessible to voters for a reasonable number of hours each day. (B) 24-hour drop boxes \n(i) In general \nOf the number of drop boxes provided in any jurisdiction, not less than the required number shall be accessible for 24 hours per day during the period described in subsection (b). (ii) Required number \nThe required number is the greater of— (I) 25 percent of the drop boxes required under subsection (d); or (II) 1 drop box. (2) Population \n(A) In general \nDrop boxes provided under this section shall be accessible for use— (i) by individuals with disabilities, as determined in consultation with the protection and advocacy systems (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )) of the State; (ii) by individuals with limited proficiency in the English language; and (iii) by homeless individuals (as defined in section 103 of the McKinney–Vento Homeless Assistance Act ( 42 U.S.C. 11302 )) within the State. (B) Determination of accessibility for individuals with disabilities \nFor purposes of this paragraph, drop boxes shall be considered to be accessible for use by individuals with disabilities if the drop boxes meet such criteria as the Attorney General may establish for such purposes. (C) Rule of construction \nIf a drop box provided under this section is on the grounds of or inside a building or facility which serves as a polling place for an election during the period described in subsection (b), nothing in this subsection may be construed to waive any requirements regarding the accessibility of such polling place for the use of individuals with disabilities, individuals with limited proficiency in the English language, or homeless individuals. (d) Number of drop boxes \nEach jurisdiction shall have— (1) in the case of any election for Federal office prior to the regularly scheduled general election for Federal office held in November 2026, not less than 1 drop box for every 45,000 registered voters located in the jurisdiction; and (2) in the case of the regularly scheduled general election for Federal office held in November 2026 and each election for Federal office occurring thereafter, not less than the greater of— (A) 1 drop box for every 45,000 registered voters located in the jurisdiction; or (B) 1 drop box for every 15,000 votes that were cast by mail in the jurisdiction in the most recent general election that includes an election for the office of President. In no case shall a jurisdiction have fewer than 1 drop box for any election for Federal office. (e) Location of drop boxes \nThe State shall determine the location of drop boxes provided under this section in a jurisdiction on the basis of criteria which ensure that the drop boxes are— (1) available to all voters on a non-discriminatory basis; (2) accessible to voters with disabilities (in accordance with subsection (c)); (3) accessible by public transportation to the greatest extent possible; (4) available during all hours of the day; (5) sufficiently available in all communities in the jurisdiction, including rural communities and on Tribal lands within the jurisdiction (subject to subsection (f)); and (6) geographically distributed to provide a reasonable opportunity for voters to submit their voted ballot in a timely manner. (f) Timing of scanning and processing of ballots \nFor purposes of section 311(g) (relating to the timing of the processing and scanning of ballots for tabulation), a vote cast using a drop box provided under this section shall be treated in the same manner as a ballot cast by mail. (g) Posting of information \nOn or adjacent to each drop box provided under this section, the State shall post information on the requirements that voted absentee ballots must meet in order to be counted and tabulated in the election. (h) Remote surveillance \nNothing in this section shall prohibit a State from providing for the security of drop boxes through remote or electronic surveillance. (i) Effective date \nThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office..", "id": "H6B0F6C41488E4A878D8093F859A97A09", "header": "Requirement", "nested": [], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 20310(1)", "legal-doc": "usc", "parsable-cite": "usc/52/20310" }, { "text": "52 U.S.C. 20310(5)", "legal-doc": "usc", "parsable-cite": "usc/52/20310" }, { "text": "42 U.S.C. 15002", "legal-doc": "usc", "parsable-cite": "usc/42/15002" }, { "text": "42 U.S.C. 11302", "legal-doc": "usc", "parsable-cite": "usc/42/11302" } ] }, { "text": "(b) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(c), section 1302(a), and section 1303(b), is amended— (1) by redesignating the items relating to sections 314 and 315 as relating to sections 315 and 316, respectively; and (2) by inserting after the item relating to section 313 the following new item: Sec. 314. Use of secured drop boxes for voted absentee ballots..", "id": "HCD15DB7DABC1485D866DBDD27ED7D465", "header": "Clerical amendments", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 20310(1)", "legal-doc": "usc", "parsable-cite": "usc/52/20310" }, { "text": "52 U.S.C. 20310(5)", "legal-doc": "usc", "parsable-cite": "usc/52/20310" }, { "text": "42 U.S.C. 15002", "legal-doc": "usc", "parsable-cite": "usc/42/15002" }, { "text": "42 U.S.C. 11302", "legal-doc": "usc", "parsable-cite": "usc/42/11302" } ] }, { "text": "314. Use of secured drop boxes for voted ballots \n(a) Requiring use of drop boxes \nEach jurisdiction shall provide in-person, secured, and clearly labeled drop boxes at which individuals may, at any time during the period described in subsection (b), drop off voted ballots in an election for Federal office. (b) Minimum period for availability of drop boxes \nThe period described in this subsection is, with respect to an election, the period that begins on the first day on which the jurisdiction sends mail-in ballots or absentee ballots (other than ballots for absent uniformed overseas voters (as defined in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20310(1) )) or overseas voters (as defined in section 107(5) of such Act ( 52 U.S.C. 20310(5) ))) to voters for such election and which ends at the time the polls close for the election in the jurisdiction involved. (c) Accessibility \n(1) Hours of access \n(A) In general \nExcept as provided in subparagraph (B), each drop box provided under this section shall be accessible to voters for a reasonable number of hours each day. (B) 24-hour drop boxes \n(i) In general \nOf the number of drop boxes provided in any jurisdiction, not less than the required number shall be accessible for 24 hours per day during the period described in subsection (b). (ii) Required number \nThe required number is the greater of— (I) 25 percent of the drop boxes required under subsection (d); or (II) 1 drop box. (2) Population \n(A) In general \nDrop boxes provided under this section shall be accessible for use— (i) by individuals with disabilities, as determined in consultation with the protection and advocacy systems (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )) of the State; (ii) by individuals with limited proficiency in the English language; and (iii) by homeless individuals (as defined in section 103 of the McKinney–Vento Homeless Assistance Act ( 42 U.S.C. 11302 )) within the State. (B) Determination of accessibility for individuals with disabilities \nFor purposes of this paragraph, drop boxes shall be considered to be accessible for use by individuals with disabilities if the drop boxes meet such criteria as the Attorney General may establish for such purposes. (C) Rule of construction \nIf a drop box provided under this section is on the grounds of or inside a building or facility which serves as a polling place for an election during the period described in subsection (b), nothing in this subsection may be construed to waive any requirements regarding the accessibility of such polling place for the use of individuals with disabilities, individuals with limited proficiency in the English language, or homeless individuals. (d) Number of drop boxes \nEach jurisdiction shall have— (1) in the case of any election for Federal office prior to the regularly scheduled general election for Federal office held in November 2026, not less than 1 drop box for every 45,000 registered voters located in the jurisdiction; and (2) in the case of the regularly scheduled general election for Federal office held in November 2026 and each election for Federal office occurring thereafter, not less than the greater of— (A) 1 drop box for every 45,000 registered voters located in the jurisdiction; or (B) 1 drop box for every 15,000 votes that were cast by mail in the jurisdiction in the most recent general election that includes an election for the office of President. In no case shall a jurisdiction have fewer than 1 drop box for any election for Federal office. (e) Location of drop boxes \nThe State shall determine the location of drop boxes provided under this section in a jurisdiction on the basis of criteria which ensure that the drop boxes are— (1) available to all voters on a non-discriminatory basis; (2) accessible to voters with disabilities (in accordance with subsection (c)); (3) accessible by public transportation to the greatest extent possible; (4) available during all hours of the day; (5) sufficiently available in all communities in the jurisdiction, including rural communities and on Tribal lands within the jurisdiction (subject to subsection (f)); and (6) geographically distributed to provide a reasonable opportunity for voters to submit their voted ballot in a timely manner. (f) Timing of scanning and processing of ballots \nFor purposes of section 311(g) (relating to the timing of the processing and scanning of ballots for tabulation), a vote cast using a drop box provided under this section shall be treated in the same manner as a ballot cast by mail. (g) Posting of information \nOn or adjacent to each drop box provided under this section, the State shall post information on the requirements that voted absentee ballots must meet in order to be counted and tabulated in the election. (h) Remote surveillance \nNothing in this section shall prohibit a State from providing for the security of drop boxes through remote or electronic surveillance. (i) Effective date \nThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office.", "id": "H0099FB868AE64DCD8FE21E5D9C4D3E8D", "header": "Use of secured drop boxes for voted ballots", "nested": [ { "text": "(a) Requiring use of drop boxes \nEach jurisdiction shall provide in-person, secured, and clearly labeled drop boxes at which individuals may, at any time during the period described in subsection (b), drop off voted ballots in an election for Federal office.", "id": "H6D5DE92D935B4919B04EABC9D3DBDB02", "header": "Requiring use of drop boxes", "nested": [], "links": [] }, { "text": "(b) Minimum period for availability of drop boxes \nThe period described in this subsection is, with respect to an election, the period that begins on the first day on which the jurisdiction sends mail-in ballots or absentee ballots (other than ballots for absent uniformed overseas voters (as defined in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20310(1) )) or overseas voters (as defined in section 107(5) of such Act ( 52 U.S.C. 20310(5) ))) to voters for such election and which ends at the time the polls close for the election in the jurisdiction involved.", "id": "H5C045322650F4B1787E6525773EDD73C", "header": "Minimum period for availability of drop boxes", "nested": [], "links": [ { "text": "52 U.S.C. 20310(1)", "legal-doc": "usc", "parsable-cite": "usc/52/20310" }, { "text": "52 U.S.C. 20310(5)", "legal-doc": "usc", "parsable-cite": "usc/52/20310" } ] }, { "text": "(c) Accessibility \n(1) Hours of access \n(A) In general \nExcept as provided in subparagraph (B), each drop box provided under this section shall be accessible to voters for a reasonable number of hours each day. (B) 24-hour drop boxes \n(i) In general \nOf the number of drop boxes provided in any jurisdiction, not less than the required number shall be accessible for 24 hours per day during the period described in subsection (b). (ii) Required number \nThe required number is the greater of— (I) 25 percent of the drop boxes required under subsection (d); or (II) 1 drop box. (2) Population \n(A) In general \nDrop boxes provided under this section shall be accessible for use— (i) by individuals with disabilities, as determined in consultation with the protection and advocacy systems (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )) of the State; (ii) by individuals with limited proficiency in the English language; and (iii) by homeless individuals (as defined in section 103 of the McKinney–Vento Homeless Assistance Act ( 42 U.S.C. 11302 )) within the State. (B) Determination of accessibility for individuals with disabilities \nFor purposes of this paragraph, drop boxes shall be considered to be accessible for use by individuals with disabilities if the drop boxes meet such criteria as the Attorney General may establish for such purposes. (C) Rule of construction \nIf a drop box provided under this section is on the grounds of or inside a building or facility which serves as a polling place for an election during the period described in subsection (b), nothing in this subsection may be construed to waive any requirements regarding the accessibility of such polling place for the use of individuals with disabilities, individuals with limited proficiency in the English language, or homeless individuals.", "id": "H35B2F71CBC8C449BB71A766D05908613", "header": "Accessibility", "nested": [], "links": [ { "text": "42 U.S.C. 15002", "legal-doc": "usc", "parsable-cite": "usc/42/15002" }, { "text": "42 U.S.C. 11302", "legal-doc": "usc", "parsable-cite": "usc/42/11302" } ] }, { "text": "(d) Number of drop boxes \nEach jurisdiction shall have— (1) in the case of any election for Federal office prior to the regularly scheduled general election for Federal office held in November 2026, not less than 1 drop box for every 45,000 registered voters located in the jurisdiction; and (2) in the case of the regularly scheduled general election for Federal office held in November 2026 and each election for Federal office occurring thereafter, not less than the greater of— (A) 1 drop box for every 45,000 registered voters located in the jurisdiction; or (B) 1 drop box for every 15,000 votes that were cast by mail in the jurisdiction in the most recent general election that includes an election for the office of President. In no case shall a jurisdiction have fewer than 1 drop box for any election for Federal office.", "id": "H09766A89A70749188788DF6A338B72AB", "header": "Number of drop boxes", "nested": [], "links": [] }, { "text": "(e) Location of drop boxes \nThe State shall determine the location of drop boxes provided under this section in a jurisdiction on the basis of criteria which ensure that the drop boxes are— (1) available to all voters on a non-discriminatory basis; (2) accessible to voters with disabilities (in accordance with subsection (c)); (3) accessible by public transportation to the greatest extent possible; (4) available during all hours of the day; (5) sufficiently available in all communities in the jurisdiction, including rural communities and on Tribal lands within the jurisdiction (subject to subsection (f)); and (6) geographically distributed to provide a reasonable opportunity for voters to submit their voted ballot in a timely manner.", "id": "H4D46C2998C5147D9BDB0619825F2F1D2", "header": "Location of drop boxes", "nested": [], "links": [] }, { "text": "(f) Timing of scanning and processing of ballots \nFor purposes of section 311(g) (relating to the timing of the processing and scanning of ballots for tabulation), a vote cast using a drop box provided under this section shall be treated in the same manner as a ballot cast by mail.", "id": "HC158AA70EB3F4A66B12E0992BBDA6725", "header": "Timing of scanning and processing of ballots", "nested": [], "links": [] }, { "text": "(g) Posting of information \nOn or adjacent to each drop box provided under this section, the State shall post information on the requirements that voted absentee ballots must meet in order to be counted and tabulated in the election.", "id": "HC0F0A9B5480C4C5594800423F3220A39", "header": "Posting of information", "nested": [], "links": [] }, { "text": "(h) Remote surveillance \nNothing in this section shall prohibit a State from providing for the security of drop boxes through remote or electronic surveillance.", "id": "H35786375423442CFB3B4A9345A882145", "header": "Remote surveillance", "nested": [], "links": [] }, { "text": "(i) Effective date \nThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office.", "id": "H8EB750E83CBE42B8BB7E88BFDB360C96", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 20310(1)", "legal-doc": "usc", "parsable-cite": "usc/52/20310" }, { "text": "52 U.S.C. 20310(5)", "legal-doc": "usc", "parsable-cite": "usc/52/20310" }, { "text": "42 U.S.C. 15002", "legal-doc": "usc", "parsable-cite": "usc/42/15002" }, { "text": "42 U.S.C. 11302", "legal-doc": "usc", "parsable-cite": "usc/42/11302" } ] }, { "text": "1401. Pre-election reports on availability and transmission of absentee ballots \nSection 102(c) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302(c) ) is amended to read as follows: (c) Reports on availability, transmission, and receipt of absentee ballots \n(1) Pre-election report on absentee ballot availability \nNot later than 55 days before any regularly scheduled general election for Federal office, each State shall submit a report to the Attorney General certifying that absentee ballots for the election are or will be available for transmission to absent uniformed services voters and overseas voters by not later than 46 days before the election. The report shall be in a form prescribed by the Attorney General and shall require the State to certify specific information about ballot availability from each unit of local government which will administer the election. (2) Pre-election report on absentee ballots transmitted \n(A) In general \nNot later than 43 days before any election for Federal office held in a State, the chief State election official of such State shall submit a report containing the information in subparagraph (B) to the Attorney General. (B) Information reported \nThe report under subparagraph (A) shall consist of the following: (i) The total number of absentee ballots validly requested by absent uniformed services voters and overseas voters whose requests were received by the 47th day before the election by each unit of local government within the State that will transmit absentee ballots. (ii) The total number of ballots transmitted to such voters by the 46th day before the election by each unit of local government within the State that will administer the election. (iii) Specific information about any late transmitted ballots. (C) Requirement to supplement incomplete information \nIf the report under subparagraph (A) has incomplete information on any items required to be included in the report, the chief State election official shall make all reasonable efforts to expeditiously supplement the report with complete information. (D) Format \nThe report under subparagraph (A) shall be in a format prescribed by the Attorney General in consultation with the chief State election officials of each State. (3) Post-election report on number of absentee ballots transmitted and received \nNot later than 90 days after the date of each regularly scheduled general election for Federal office, each State and unit of local government which administered the election shall (through the State, in the case of a unit of local government) submit a report to the Election Assistance Commission on the combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election and the combined number of such ballots which were returned by such voters and cast in the election, and shall make such report available to the general public that same day..", "id": "H5F1579185DBE411A855F93CD26B189D5", "header": "Pre-election reports on availability and transmission of absentee ballots", "nested": [], "links": [ { "text": "52 U.S.C. 20302(c)", "legal-doc": "usc", "parsable-cite": "usc/52/20302" } ] }, { "text": "1402. Enforcement \n(a) Availability of civil penalties and private rights of action \nSection 105 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20307 ) is amended to read as follows: 105. Enforcement \n(a) Action by Attorney General \nThe Attorney General may bring civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. (b) Private right of action \nA person who is aggrieved by a violation of this title may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. (c) State as only necessary defendant \nIn any action brought under this section, the only necessary party defendant is the State, and it shall not be a defense to any such action that a local election official or a unit of local government is not named as a defendant, notwithstanding that a State has exercised the authority described in section 576 of the Military and Overseas Voter Empowerment Act to delegate to another jurisdiction in the State any duty or responsibility which is the subject of an action brought under this section.. (b) Effective date \nThe amendments made by this section shall apply with respect to violations alleged to have occurred on or after the date of enactment of this Act.", "id": "H7391ECE56B444DC3A191F42319D589C6", "header": "Enforcement", "nested": [ { "text": "(a) Availability of civil penalties and private rights of action \nSection 105 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20307 ) is amended to read as follows: 105. Enforcement \n(a) Action by Attorney General \nThe Attorney General may bring civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. (b) Private right of action \nA person who is aggrieved by a violation of this title may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. (c) State as only necessary defendant \nIn any action brought under this section, the only necessary party defendant is the State, and it shall not be a defense to any such action that a local election official or a unit of local government is not named as a defendant, notwithstanding that a State has exercised the authority described in section 576 of the Military and Overseas Voter Empowerment Act to delegate to another jurisdiction in the State any duty or responsibility which is the subject of an action brought under this section..", "id": "H092F84DF6DA74C549228C74A5655DC76", "header": "Availability of civil penalties and private rights of action", "nested": [], "links": [ { "text": "52 U.S.C. 20307", "legal-doc": "usc", "parsable-cite": "usc/52/20307" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall apply with respect to violations alleged to have occurred on or after the date of enactment of this Act.", "id": "HB89DF4E49A394D0CA5FDA0430EBB48E5", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 20307", "legal-doc": "usc", "parsable-cite": "usc/52/20307" } ] }, { "text": "105. Enforcement \n(a) Action by Attorney General \nThe Attorney General may bring civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. (b) Private right of action \nA person who is aggrieved by a violation of this title may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. (c) State as only necessary defendant \nIn any action brought under this section, the only necessary party defendant is the State, and it shall not be a defense to any such action that a local election official or a unit of local government is not named as a defendant, notwithstanding that a State has exercised the authority described in section 576 of the Military and Overseas Voter Empowerment Act to delegate to another jurisdiction in the State any duty or responsibility which is the subject of an action brought under this section.", "id": "H449FB721316846ADAF074EF72DF3609A", "header": "Enforcement", "nested": [ { "text": "(a) Action by Attorney General \nThe Attorney General may bring civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title.", "id": "HFDE4A93576E445C68108D1994FA03058", "header": "Action by Attorney General", "nested": [], "links": [] }, { "text": "(b) Private right of action \nA person who is aggrieved by a violation of this title may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title.", "id": "H0D3632A6CE0748C3B4D30297F2D5E5EB", "header": "Private right of action", "nested": [], "links": [] }, { "text": "(c) State as only necessary defendant \nIn any action brought under this section, the only necessary party defendant is the State, and it shall not be a defense to any such action that a local election official or a unit of local government is not named as a defendant, notwithstanding that a State has exercised the authority described in section 576 of the Military and Overseas Voter Empowerment Act to delegate to another jurisdiction in the State any duty or responsibility which is the subject of an action brought under this section.", "id": "H22011946C904482AA735F48F00E257A5", "header": "State as only necessary defendant", "nested": [], "links": [] } ], "links": [] }, { "text": "1403. Transmission requirements; repeal of waiver provision \n(a) In general \nParagraph (8) of section 102(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302(a) ) is amended to read as follows: (8) transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter by the date and in the manner determined under subsection (g);. (b) Ballot transmission requirements and repeal of waiver provision \nSubsection (g) of section 102 of such Act ( 52 U.S.C. 20302(g) ) is amended to read as follows: (g) Ballot transmission requirements \n(1) In general \nFor purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received at least 47 days before an election for Federal office, the following rules shall apply: (A) Transmission deadline \nThe State shall transmit the absentee ballot not later than 46 days before the election. (B) Special rules in case of failure to transmit on time \n(i) In general \nIf the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph (A) and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery. (ii) Extended failure \nIf the State fails to transmit any absentee ballot by the 41st day before the election, in addition to transmitting the ballot as provided in clause (i), the State shall— (I) in the case of absentee ballots requested by absent uniformed services voters with respect to regularly scheduled general elections, notify such voters of the procedures established under section 103A for the collection and delivery of marked absentee ballots; and (II) in any other case, provide for the return of such ballot by express delivery. (iii) Cost of express delivery \nIn any case in which express delivery is required under this subparagraph, the cost of such express delivery— (I) shall not be paid by the voter; and (II) if determined appropriate by the chief State election official, may be required by the State to be paid by a local jurisdiction. (iv) Exception \nClause (ii)(II) shall not apply when an absent uniformed services voter or overseas voter indicates the preference to return the late sent absentee ballot by electronic transmission in a State that permits return of an absentee ballot by electronic transmission. (v) Enforcement \nA State’s compliance with this subparagraph does not bar the Attorney General from seeking additional remedies necessary to fully resolve or prevent ongoing, future, or systematic violations of this provision or to effectuate the purposes of this Act. (C) Special procedure in event of disaster \nIf a disaster (hurricane, tornado, earthquake, storm, volcanic eruption, landslide, fire, flood, or explosion), or an act of terrorism prevents the State from transmitting any absentee ballot by the 46th day before the election as required by subparagraph (A), the chief State election official shall notify the Attorney General as soon as practicable and take all actions necessary, including seeking any necessary judicial relief, to ensure that affected absent uniformed services voters and overseas voters are provided a reasonable opportunity to receive and return their absentee ballots in time to be counted. (2) Requests received after 47th day before election \nFor purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received less than 47 days but not less than 30 days before an election for Federal office, the State shall transmit the absentee ballot within one business day of receipt of the request..", "id": "H721BC0C852254FCA925B4FC72A33203D", "header": "Transmission requirements; repeal of waiver provision", "nested": [ { "text": "(a) In general \nParagraph (8) of section 102(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302(a) ) is amended to read as follows: (8) transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter by the date and in the manner determined under subsection (g);.", "id": "H417CE7BE680B4974B9E9F0CD8B4ECC77", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 20302(a)", "legal-doc": "usc", "parsable-cite": "usc/52/20302" } ] }, { "text": "(b) Ballot transmission requirements and repeal of waiver provision \nSubsection (g) of section 102 of such Act ( 52 U.S.C. 20302(g) ) is amended to read as follows: (g) Ballot transmission requirements \n(1) In general \nFor purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received at least 47 days before an election for Federal office, the following rules shall apply: (A) Transmission deadline \nThe State shall transmit the absentee ballot not later than 46 days before the election. (B) Special rules in case of failure to transmit on time \n(i) In general \nIf the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph (A) and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery. (ii) Extended failure \nIf the State fails to transmit any absentee ballot by the 41st day before the election, in addition to transmitting the ballot as provided in clause (i), the State shall— (I) in the case of absentee ballots requested by absent uniformed services voters with respect to regularly scheduled general elections, notify such voters of the procedures established under section 103A for the collection and delivery of marked absentee ballots; and (II) in any other case, provide for the return of such ballot by express delivery. (iii) Cost of express delivery \nIn any case in which express delivery is required under this subparagraph, the cost of such express delivery— (I) shall not be paid by the voter; and (II) if determined appropriate by the chief State election official, may be required by the State to be paid by a local jurisdiction. (iv) Exception \nClause (ii)(II) shall not apply when an absent uniformed services voter or overseas voter indicates the preference to return the late sent absentee ballot by electronic transmission in a State that permits return of an absentee ballot by electronic transmission. (v) Enforcement \nA State’s compliance with this subparagraph does not bar the Attorney General from seeking additional remedies necessary to fully resolve or prevent ongoing, future, or systematic violations of this provision or to effectuate the purposes of this Act. (C) Special procedure in event of disaster \nIf a disaster (hurricane, tornado, earthquake, storm, volcanic eruption, landslide, fire, flood, or explosion), or an act of terrorism prevents the State from transmitting any absentee ballot by the 46th day before the election as required by subparagraph (A), the chief State election official shall notify the Attorney General as soon as practicable and take all actions necessary, including seeking any necessary judicial relief, to ensure that affected absent uniformed services voters and overseas voters are provided a reasonable opportunity to receive and return their absentee ballots in time to be counted. (2) Requests received after 47th day before election \nFor purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received less than 47 days but not less than 30 days before an election for Federal office, the State shall transmit the absentee ballot within one business day of receipt of the request..", "id": "H579A7EBA4DDB4D498A2CFCB4A203AC18", "header": "Ballot transmission requirements and repeal of waiver provision", "nested": [], "links": [ { "text": "52 U.S.C. 20302(g)", "legal-doc": "usc", "parsable-cite": "usc/52/20302" } ] } ], "links": [ { "text": "52 U.S.C. 20302(a)", "legal-doc": "usc", "parsable-cite": "usc/52/20302" }, { "text": "52 U.S.C. 20302(g)", "legal-doc": "usc", "parsable-cite": "usc/52/20302" } ] }, { "text": "1404. Use of single absentee ballot application for subsequent elections \n(a) In general \nSection 104 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20306 ) is amended to read as follows: 104. Treatment of ballot requests \n(a) In general \nIf a State accepts and processes an official postcard form (prescribed under section 101) submitted by an absent uniformed services voter or overseas voter for simultaneous voter registration and absentee ballot application (in accordance with section 102(a)(4)) and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the end of the calendar year following the next regularly scheduled general election for Federal office, the State shall provide an absentee ballot to the voter for each such subsequent election. (b) Exception for voters changing registration \nSubsection (a) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State or is otherwise no longer eligible to vote in the State. (c) Prohibition of refusal of application on grounds of early submission \nA State may not refuse to accept or to process, with respect to any election for Federal office, any otherwise valid voter registration application or absentee ballot application (including the postcard form prescribed under section 101) submitted by an absent uniformed services voter or overseas voter on the grounds that the voter submitted the application before the first date on which the State otherwise accepts or processes such applications for that election which are submitted by absentee voters who are not members of the uniformed services or overseas citizens.. (b) Requirement for revision to postcard form \n(1) In general \nThe Presidential designee shall ensure that the official postcard form prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301(b)(2) ) enables a voter using the form to— (A) request an absentee ballot for each election for Federal office held in a State through the end of the calendar year following the next regularly scheduled general election for Federal office; or (B) request an absentee ballot for a specific election or elections for Federal office held in a State during the period described in subparagraph (A). (2) Presidential designee \nFor purposes of this paragraph, the term Presidential designee means the individual designated under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301(a) ). (c) Effective date \nThe amendment made by subsection (a) shall apply with respect to voter registration and absentee ballot applications which are submitted to a State or local election official on or after the date of enactment of this Act.", "id": "HCCCF5D584FB44E5E8E7B77BBC3D6ACD2", "header": "Use of single absentee ballot application for subsequent elections", "nested": [ { "text": "(a) In general \nSection 104 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20306 ) is amended to read as follows: 104. Treatment of ballot requests \n(a) In general \nIf a State accepts and processes an official postcard form (prescribed under section 101) submitted by an absent uniformed services voter or overseas voter for simultaneous voter registration and absentee ballot application (in accordance with section 102(a)(4)) and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the end of the calendar year following the next regularly scheduled general election for Federal office, the State shall provide an absentee ballot to the voter for each such subsequent election. (b) Exception for voters changing registration \nSubsection (a) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State or is otherwise no longer eligible to vote in the State. (c) Prohibition of refusal of application on grounds of early submission \nA State may not refuse to accept or to process, with respect to any election for Federal office, any otherwise valid voter registration application or absentee ballot application (including the postcard form prescribed under section 101) submitted by an absent uniformed services voter or overseas voter on the grounds that the voter submitted the application before the first date on which the State otherwise accepts or processes such applications for that election which are submitted by absentee voters who are not members of the uniformed services or overseas citizens..", "id": "HFFD70D9925694398B02D46C1233C87BB", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 20306", "legal-doc": "usc", "parsable-cite": "usc/52/20306" } ] }, { "text": "(b) Requirement for revision to postcard form \n(1) In general \nThe Presidential designee shall ensure that the official postcard form prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301(b)(2) ) enables a voter using the form to— (A) request an absentee ballot for each election for Federal office held in a State through the end of the calendar year following the next regularly scheduled general election for Federal office; or (B) request an absentee ballot for a specific election or elections for Federal office held in a State during the period described in subparagraph (A). (2) Presidential designee \nFor purposes of this paragraph, the term Presidential designee means the individual designated under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301(a) ).", "id": "HEA788ACFB20145F689487441A6281799", "header": "Requirement for revision to postcard form", "nested": [], "links": [ { "text": "52 U.S.C. 20301(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 20301(a)", "legal-doc": "usc", "parsable-cite": "usc/52/20301" } ] }, { "text": "(c) Effective date \nThe amendment made by subsection (a) shall apply with respect to voter registration and absentee ballot applications which are submitted to a State or local election official on or after the date of enactment of this Act.", "id": "H60AD2C31DD4347D8A6FF05B03619A272", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 20306", "legal-doc": "usc", "parsable-cite": "usc/52/20306" }, { "text": "52 U.S.C. 20301(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 20301(a)", "legal-doc": "usc", "parsable-cite": "usc/52/20301" } ] }, { "text": "104. Treatment of ballot requests \n(a) In general \nIf a State accepts and processes an official postcard form (prescribed under section 101) submitted by an absent uniformed services voter or overseas voter for simultaneous voter registration and absentee ballot application (in accordance with section 102(a)(4)) and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the end of the calendar year following the next regularly scheduled general election for Federal office, the State shall provide an absentee ballot to the voter for each such subsequent election. (b) Exception for voters changing registration \nSubsection (a) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State or is otherwise no longer eligible to vote in the State. (c) Prohibition of refusal of application on grounds of early submission \nA State may not refuse to accept or to process, with respect to any election for Federal office, any otherwise valid voter registration application or absentee ballot application (including the postcard form prescribed under section 101) submitted by an absent uniformed services voter or overseas voter on the grounds that the voter submitted the application before the first date on which the State otherwise accepts or processes such applications for that election which are submitted by absentee voters who are not members of the uniformed services or overseas citizens.", "id": "HF1C45DAE185A4B3B89A8387014E4907A", "header": "Treatment of ballot requests", "nested": [ { "text": "(a) In general \nIf a State accepts and processes an official postcard form (prescribed under section 101) submitted by an absent uniformed services voter or overseas voter for simultaneous voter registration and absentee ballot application (in accordance with section 102(a)(4)) and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the end of the calendar year following the next regularly scheduled general election for Federal office, the State shall provide an absentee ballot to the voter for each such subsequent election.", "id": "HD9A279D9D54A4D429336E5F0AB20F41C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exception for voters changing registration \nSubsection (a) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State or is otherwise no longer eligible to vote in the State.", "id": "H40193E13EA244859A7CEA0F772D6CF0E", "header": "Exception for voters changing registration", "nested": [], "links": [] }, { "text": "(c) Prohibition of refusal of application on grounds of early submission \nA State may not refuse to accept or to process, with respect to any election for Federal office, any otherwise valid voter registration application or absentee ballot application (including the postcard form prescribed under section 101) submitted by an absent uniformed services voter or overseas voter on the grounds that the voter submitted the application before the first date on which the State otherwise accepts or processes such applications for that election which are submitted by absentee voters who are not members of the uniformed services or overseas citizens.", "id": "HB63083EAB2F84C55BE27474A244F9F81", "header": "Prohibition of refusal of application on grounds of early submission", "nested": [], "links": [] } ], "links": [] }, { "text": "1405. Extending guarantee of residency for voting purposes to family members of absent military personnel \nSection 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302 ), as amended by section 1302, is amended by adding at the end the following new subsection: (i) Guarantee of residency for spouses and dependents of absent members of uniformed service \nFor the purposes of voting in any election for any Federal office or any State or local office, a spouse or dependent of an individual who is an absent uniformed services voter described in subparagraph (A) or (B) of section 107(1) shall not, solely by reason of that individual’s absence and without regard to whether or not such spouse or dependent is accompanying that individual— (1) be deemed to have lost a residence or domicile in that State, without regard to whether or not that individual intends to return to that State; (2) be deemed to have acquired a residence or domicile in any other State; or (3) be deemed to have become a resident in or a resident of any other State..", "id": "H5A60F5111B9645CD8FB4D11928B52384", "header": "Extending guarantee of residency for voting purposes to family members of absent military personnel", "nested": [], "links": [ { "text": "52 U.S.C. 20302", "legal-doc": "usc", "parsable-cite": "usc/52/20302" } ] }, { "text": "1406. Technical clarifications to conform to Military and Overseas Voter Empowerment Act amendments related to the Federal write-in absentee ballot \n(a) In general \nSection 102(a)(3) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302(a)(3) ) is amended by striking general elections and inserting general, special, primary, and runoff elections. (b) Conforming amendment \nSection 103 of such Act ( 52 U.S.C. 20303 ) is amended— (1) in subsection (b)(2)(B), by striking general ; and (2) in the heading thereof, by striking general.", "id": "H4811B07C82744C85B13F5CD1F44A435A", "header": "Technical clarifications to conform to Military and Overseas Voter Empowerment Act amendments related to the Federal write-in absentee ballot", "nested": [ { "text": "(a) In general \nSection 102(a)(3) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302(a)(3) ) is amended by striking general elections and inserting general, special, primary, and runoff elections.", "id": "H93568551AED24DC1BA3B74DA726DC216", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 20302(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/52/20302" } ] }, { "text": "(b) Conforming amendment \nSection 103 of such Act ( 52 U.S.C. 20303 ) is amended— (1) in subsection (b)(2)(B), by striking general ; and (2) in the heading thereof, by striking general.", "id": "H5B70540D551E4BD3A73850014942878E", "header": "Conforming amendment", "nested": [], "links": [ { "text": "52 U.S.C. 20303", "legal-doc": "usc", "parsable-cite": "usc/52/20303" } ] } ], "links": [ { "text": "52 U.S.C. 20302(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/52/20302" }, { "text": "52 U.S.C. 20303", "legal-doc": "usc", "parsable-cite": "usc/52/20303" } ] }, { "text": "1407. Treatment of postcard registration requests \nSection 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302 ), as amended by sections 1302 and 1405, is amended by adding at the end the following new subsection: (j) Treatment of postcard registrations \nA State shall not remove any absent uniformed services voter or overseas voter who has registered to vote using the official postcard form (prescribed under section 101) from the official list of registered voters except in accordance with subparagraph (A), (B), or (C) of section 8(a)(3) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 )..", "id": "HDC85D2811D22456ABF925525CF86D70C", "header": "Treatment of postcard registration requests", "nested": [], "links": [ { "text": "52 U.S.C. 20302", "legal-doc": "usc", "parsable-cite": "usc/52/20302" }, { "text": "52 U.S.C. 20507", "legal-doc": "usc", "parsable-cite": "usc/52/20507" } ] }, { "text": "1408. Presidential designee report on voter disenfranchisement \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the Presidential designee shall submit to Congress a report on the impact of widespread mail-in voting on the ability of active duty military service members to vote, how quickly the votes of those individuals are counted, and whether higher volumes of mail-in votes makes it harder for such individuals to vote in elections for Federal elections. (b) Presidential designee \nFor purposes of this section, the term Presidential designee means the individual designated under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301(a) ).", "id": "H9FEED7A7BEA44D11BBE75C538BE62F05", "header": "Presidential designee report on voter disenfranchisement", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of enactment of this Act, the Presidential designee shall submit to Congress a report on the impact of widespread mail-in voting on the ability of active duty military service members to vote, how quickly the votes of those individuals are counted, and whether higher volumes of mail-in votes makes it harder for such individuals to vote in elections for Federal elections.", "id": "H79CD5CB505BD455DA121EE4D958B9473", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Presidential designee \nFor purposes of this section, the term Presidential designee means the individual designated under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301(a) ).", "id": "HF22B531B29E4416CBB45134BF256FDA1", "header": "Presidential designee", "nested": [], "links": [ { "text": "52 U.S.C. 20301(a)", "legal-doc": "usc", "parsable-cite": "usc/52/20301" } ] } ], "links": [ { "text": "52 U.S.C. 20301(a)", "legal-doc": "usc", "parsable-cite": "usc/52/20301" } ] }, { "text": "1409. Effective date \nExcept as provided in section 1402(b) and section 1404(c), the amendments made by this subtitle shall apply with respect to elections occurring on or after January 1, 2024.", "id": "H3B77A67CB75946A284D742A783BB26D3", "header": "Effective date", "nested": [], "links": [] }, { "text": "1501. Enhancement of enforcement of Help America Vote Act of 2002 \n(a) Complaints; availability of private right of action \nSection 401 of the Help America Vote Act of 2002 ( 52 U.S.C. 21111 ) is amended— (1) by striking The Attorney General and inserting (a) In General.— The Attorney General ; and (2) by adding at the end the following new subsections: (b) Filing of complaints by aggrieved persons \nA person who is aggrieved by a violation of title III that impairs their ability to cast a ballot or a provisional ballot, to register or maintain one’s registration to vote, or to vote on a voting system meeting the requirements of such title, which has occurred, is occurring, or is about to occur may file a written, signed, and notarized complaint with the Attorney General describing the violation and requesting the Attorney General to take appropriate action under this section. The Attorney General shall immediately provide a copy of a complaint filed under the previous sentence to the entity responsible for administering the State-based administrative complaint procedures described in section 402(a) for the State involved. (c) Availability of private right of action \nAny person who is authorized to file a complaint under subsection (b) (including any individual who seeks to enforce the individual’s right to a voter-verifiable paper ballot, the right to have the voter-verifiable paper ballot counted in accordance with this Act, or any other right under title III) may file an action under section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 ) to enforce the uniform and nondiscriminatory election technology and administration requirements under subtitle A of title III. (d) No effect on State procedures \nNothing in this section may be construed to affect the availability of the State-based administrative complaint procedures required under section 402 to any person filing a complaint under this subsection.. (b) Effective date \nThe amendments made by this section shall apply with respect to violations occurring with respect to elections for Federal office held in 2024 or any succeeding year.", "id": "HC7280850E8ED413CABAF5870B32C8D30", "header": "Enhancement of enforcement of Help America Vote Act of 2002", "nested": [ { "text": "(a) Complaints; availability of private right of action \nSection 401 of the Help America Vote Act of 2002 ( 52 U.S.C. 21111 ) is amended— (1) by striking The Attorney General and inserting (a) In General.— The Attorney General ; and (2) by adding at the end the following new subsections: (b) Filing of complaints by aggrieved persons \nA person who is aggrieved by a violation of title III that impairs their ability to cast a ballot or a provisional ballot, to register or maintain one’s registration to vote, or to vote on a voting system meeting the requirements of such title, which has occurred, is occurring, or is about to occur may file a written, signed, and notarized complaint with the Attorney General describing the violation and requesting the Attorney General to take appropriate action under this section. The Attorney General shall immediately provide a copy of a complaint filed under the previous sentence to the entity responsible for administering the State-based administrative complaint procedures described in section 402(a) for the State involved. (c) Availability of private right of action \nAny person who is authorized to file a complaint under subsection (b) (including any individual who seeks to enforce the individual’s right to a voter-verifiable paper ballot, the right to have the voter-verifiable paper ballot counted in accordance with this Act, or any other right under title III) may file an action under section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 ) to enforce the uniform and nondiscriminatory election technology and administration requirements under subtitle A of title III. (d) No effect on State procedures \nNothing in this section may be construed to affect the availability of the State-based administrative complaint procedures required under section 402 to any person filing a complaint under this subsection..", "id": "H7D833A05B07048BEBF87DFC5C99AD3D7", "header": "Complaints; availability of private right of action", "nested": [], "links": [ { "text": "52 U.S.C. 21111", "legal-doc": "usc", "parsable-cite": "usc/52/21111" }, { "text": "42 U.S.C. 1983", "legal-doc": "usc", "parsable-cite": "usc/42/1983" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall apply with respect to violations occurring with respect to elections for Federal office held in 2024 or any succeeding year.", "id": "HF04D5EF9456E49D2A6B627E4A4676EA3", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21111", "legal-doc": "usc", "parsable-cite": "usc/52/21111" }, { "text": "42 U.S.C. 1983", "legal-doc": "usc", "parsable-cite": "usc/42/1983" } ] }, { "text": "1601. Minimum notification requirements for voters affected by polling place changes \n(a) Requirements \nSection 302 of the Help America Vote Act of 2002 ( 52 U.S.C. 21082 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: (d) Minimum notification requirements for voters affected by polling place changes \n(1) Requirement for precinct-based polling \n(A) In general \nIf an applicable individual has been assigned to a polling place that is different than the polling place that such individual was assigned with respect to the most recent past election for Federal office in which the individual was eligible to vote— (i) the appropriate election official shall, not later than 2 days before the beginning of an early voting period— (I) notify the individual of the location of the polling place; and (II) post a general notice on the website of the State or jurisdiction, on social media platforms (if available), and on signs at the prior polling place; and (ii) if such assignment is made after the date that is 2 days before the beginning of an early voting period and the individual appears on the date of the election at the polling place to which the individual was previously assigned, the jurisdiction shall make every reasonable effort to enable the individual to vote a ballot on the date of the election without the use of a provisional ballot. (B) Applicable individual \nFor purposes of subparagraph (A), the term applicable individual means, with respect to any election for Federal office, any individual— (i) who is registered to vote in a jurisdiction for such election and was registered to vote in such jurisdiction for the most recent past election for Federal office; and (ii) whose voter registration address has not changed since such most recent past election for Federal office. (C) Methods of notification \nThe appropriate election official shall notify an individual under clause (i)(I) of subparagraph (A) by mail, telephone, and (if available) text message and electronic mail. (2) Requirements for vote centers \nIn the case of a jurisdiction in which individuals are not assigned to specific polling places, not later than 2 days before the beginning of an early voting period, the appropriate election official shall notify each individual eligible to vote in such jurisdiction of the location of all polling places at which the individual may vote. (3) Notice with respect to closed polling places \n(A) In general \nIf a location which served as a polling place for an election for Federal office in a State does not serve as a polling place in the next election for Federal office held in the State, the State shall ensure that signs are posted at such location on the date of the election and during any early voting period for the election containing the following information: (i) A statement that the location is not serving as a polling place in the election. (ii) The locations serving as polling places in the election in the jurisdiction involved. (iii) The name and address of any substitute polling place serving the same precinct and directions from the former polling place to the new polling place. (iv) Contact information, including a telephone number and website, for the appropriate State or local election official through which an individual may find the polling place to which the individual is assigned for the election. (B) Internet posting \nEach State which is required to post signs under subparagraph (A) shall also provide such information through a website and through social media (if available). (4) Linguistic preference \nThe notices required under this subsection shall comply with the requirements of section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ). (5) Effective date \nThis subsection shall apply with respect to elections held on or after January 1, 2024.. (b) Conforming amendment \nSection 302(e) of such Act ( 52 U.S.C. 21082(e) ), as redesignated by subsection (a), is amended by striking Each State and inserting Except as provided in subsection (d)(4), each State.", "id": "H407A2020C8F347039922F9F788A39CC5", "header": "Minimum notification requirements for voters affected by polling place changes", "nested": [ { "text": "(a) Requirements \nSection 302 of the Help America Vote Act of 2002 ( 52 U.S.C. 21082 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: (d) Minimum notification requirements for voters affected by polling place changes \n(1) Requirement for precinct-based polling \n(A) In general \nIf an applicable individual has been assigned to a polling place that is different than the polling place that such individual was assigned with respect to the most recent past election for Federal office in which the individual was eligible to vote— (i) the appropriate election official shall, not later than 2 days before the beginning of an early voting period— (I) notify the individual of the location of the polling place; and (II) post a general notice on the website of the State or jurisdiction, on social media platforms (if available), and on signs at the prior polling place; and (ii) if such assignment is made after the date that is 2 days before the beginning of an early voting period and the individual appears on the date of the election at the polling place to which the individual was previously assigned, the jurisdiction shall make every reasonable effort to enable the individual to vote a ballot on the date of the election without the use of a provisional ballot. (B) Applicable individual \nFor purposes of subparagraph (A), the term applicable individual means, with respect to any election for Federal office, any individual— (i) who is registered to vote in a jurisdiction for such election and was registered to vote in such jurisdiction for the most recent past election for Federal office; and (ii) whose voter registration address has not changed since such most recent past election for Federal office. (C) Methods of notification \nThe appropriate election official shall notify an individual under clause (i)(I) of subparagraph (A) by mail, telephone, and (if available) text message and electronic mail. (2) Requirements for vote centers \nIn the case of a jurisdiction in which individuals are not assigned to specific polling places, not later than 2 days before the beginning of an early voting period, the appropriate election official shall notify each individual eligible to vote in such jurisdiction of the location of all polling places at which the individual may vote. (3) Notice with respect to closed polling places \n(A) In general \nIf a location which served as a polling place for an election for Federal office in a State does not serve as a polling place in the next election for Federal office held in the State, the State shall ensure that signs are posted at such location on the date of the election and during any early voting period for the election containing the following information: (i) A statement that the location is not serving as a polling place in the election. (ii) The locations serving as polling places in the election in the jurisdiction involved. (iii) The name and address of any substitute polling place serving the same precinct and directions from the former polling place to the new polling place. (iv) Contact information, including a telephone number and website, for the appropriate State or local election official through which an individual may find the polling place to which the individual is assigned for the election. (B) Internet posting \nEach State which is required to post signs under subparagraph (A) shall also provide such information through a website and through social media (if available). (4) Linguistic preference \nThe notices required under this subsection shall comply with the requirements of section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ). (5) Effective date \nThis subsection shall apply with respect to elections held on or after January 1, 2024..", "id": "H2F5BB5169EB845A1B48A95AD892E8D08", "header": "Requirements", "nested": [], "links": [ { "text": "52 U.S.C. 21082", "legal-doc": "usc", "parsable-cite": "usc/52/21082" }, { "text": "52 U.S.C. 10503", "legal-doc": "usc", "parsable-cite": "usc/52/10503" } ] }, { "text": "(b) Conforming amendment \nSection 302(e) of such Act ( 52 U.S.C. 21082(e) ), as redesignated by subsection (a), is amended by striking Each State and inserting Except as provided in subsection (d)(4), each State.", "id": "HFCDB8E777BEA40F295F8F737C36C0115", "header": "Conforming amendment", "nested": [], "links": [ { "text": "52 U.S.C. 21082(e)", "legal-doc": "usc", "parsable-cite": "usc/52/21082" } ] } ], "links": [ { "text": "52 U.S.C. 21082", "legal-doc": "usc", "parsable-cite": "usc/52/21082" }, { "text": "52 U.S.C. 10503", "legal-doc": "usc", "parsable-cite": "usc/52/10503" }, { "text": "52 U.S.C. 21082(e)", "legal-doc": "usc", "parsable-cite": "usc/52/21082" } ] }, { "text": "1602. Applicability to Commonwealth of the Northern Mariana Islands \nParagraphs (6) and (8) of section 107 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20310 ) are each amended by striking and American Samoa and inserting American Samoa, and the Commonwealth of the Northern Mariana Islands.", "id": "H0B0C81053504448CA82CE76BFEDF3451", "header": "Applicability to Commonwealth of the Northern Mariana Islands", "nested": [], "links": [ { "text": "52 U.S.C. 20310", "legal-doc": "usc", "parsable-cite": "usc/52/20310" } ] }, { "text": "1603. Elimination of 14-day time period between general election and runoff election for Federal elections in the Virgin Islands and Guam \nSection 2 of the Act entitled An Act to provide that the unincorporated territories of Guam and the Virgin Islands shall each be represented in Congress by a Delegate to the House of Representatives , approved April 10, 1972 ( 48 U.S.C. 1712 ), is amended— (1) by striking (a) The Delegate and inserting The Delegate ; (2) by striking on the fourteenth day following such an election in the fourth sentence of subsection (a); and (3) by striking subsection (b).", "id": "HFF7C05EA69B64500B5223CA7AF8CA31F", "header": "Elimination of 14-day time period between general election and runoff election for Federal elections in the Virgin Islands and Guam", "nested": [], "links": [ { "text": "48 U.S.C. 1712", "legal-doc": "usc", "parsable-cite": "usc/48/1712" } ] }, { "text": "1604. Application of Federal election administration laws to territories of the United States \n(a) National Voter Registration Act of 1993 \nSection 3(4) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20502(4) ) is amended by striking States and the District of Columbia and inserting States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (b) Help America Vote Act of 2002 \n(1) Coverage of Commonwealth of the Northern Mariana Islands \nSection 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ) is amended by striking and the United States Virgin Islands and inserting the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (2) Conforming amendments to Help America Vote Act of 2002 \nSuch Act is further amended as follows: (A) The second sentence of section 213(a)(2) ( 52 U.S.C. 20943(a)(2) ) is amended by striking and American Samoa and inserting American Samoa, and the Commonwealth of the Northern Mariana Islands. (B) Section 252(c)(2) ( 52 U.S.C. 21002(c)(2) ) is amended by striking or the United States Virgin Islands and inserting the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands. (3) Conforming amendment relating to consultation of Help America Vote Foundation with local election officials \nSection 90102(c) of title 36, United States Code, is amended by striking and the United States Virgin Islands and inserting the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.", "id": "H5EC03268028E42119C1C2A03C2A84964", "header": "Application of Federal election administration laws to territories of the United States", "nested": [ { "text": "(a) National Voter Registration Act of 1993 \nSection 3(4) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20502(4) ) is amended by striking States and the District of Columbia and inserting States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.", "id": "H5456952B23484A139424C61510741F80", "header": "National Voter Registration Act of 1993", "nested": [], "links": [ { "text": "52 U.S.C. 20502(4)", "legal-doc": "usc", "parsable-cite": "usc/52/20502" } ] }, { "text": "(b) Help America Vote Act of 2002 \n(1) Coverage of Commonwealth of the Northern Mariana Islands \nSection 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ) is amended by striking and the United States Virgin Islands and inserting the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (2) Conforming amendments to Help America Vote Act of 2002 \nSuch Act is further amended as follows: (A) The second sentence of section 213(a)(2) ( 52 U.S.C. 20943(a)(2) ) is amended by striking and American Samoa and inserting American Samoa, and the Commonwealth of the Northern Mariana Islands. (B) Section 252(c)(2) ( 52 U.S.C. 21002(c)(2) ) is amended by striking or the United States Virgin Islands and inserting the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands. (3) Conforming amendment relating to consultation of Help America Vote Foundation with local election officials \nSection 90102(c) of title 36, United States Code, is amended by striking and the United States Virgin Islands and inserting the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.", "id": "H1A9927FDB0C846D88D769DD748653FA8", "header": "Help America Vote Act of 2002", "nested": [], "links": [ { "text": "52 U.S.C. 21141", "legal-doc": "usc", "parsable-cite": "usc/52/21141" }, { "text": "52 U.S.C. 20943(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/20943" }, { "text": "52 U.S.C. 21002(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/21002" } ] } ], "links": [ { "text": "52 U.S.C. 20502(4)", "legal-doc": "usc", "parsable-cite": "usc/52/20502" }, { "text": "52 U.S.C. 21141", "legal-doc": "usc", "parsable-cite": "usc/52/21141" }, { "text": "52 U.S.C. 20943(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/20943" }, { "text": "52 U.S.C. 21002(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/21002" } ] }, { "text": "1605. Application of Federal voter protection laws to territories of the United States \n(a) Intimidation of voters \nSection 594 of title 18, United States Code, is amended by striking Delegate from the District of Columbia, or Resident Commissioner, and inserting or Delegate or Resident Commissioner to the Congress. (b) Interference by government employees \nSection 595 of title 18, United States Code, is amended by striking Delegate from the District of Columbia, or Resident Commissioner, and inserting or Delegate or Resident Commissioner to the Congress. (c) Voting by noncitizens \nSection 611(a) of title 18, United States Code, is amended by striking Delegate from the District of Columbia, or Resident Commissioner, and inserting or Delegate or Resident Commissioner to the Congress.", "id": "HE61929F79C554E448696D519B69766C4", "header": "Application of Federal voter protection laws to territories of the United States", "nested": [ { "text": "(a) Intimidation of voters \nSection 594 of title 18, United States Code, is amended by striking Delegate from the District of Columbia, or Resident Commissioner, and inserting or Delegate or Resident Commissioner to the Congress.", "id": "HD776A5DA13944EF99353E20A92327D25", "header": "Intimidation of voters", "nested": [], "links": [] }, { "text": "(b) Interference by government employees \nSection 595 of title 18, United States Code, is amended by striking Delegate from the District of Columbia, or Resident Commissioner, and inserting or Delegate or Resident Commissioner to the Congress.", "id": "H7122F5B2573A451986BE9E0AA4B8DF2C", "header": "Interference by government employees", "nested": [], "links": [] }, { "text": "(c) Voting by noncitizens \nSection 611(a) of title 18, United States Code, is amended by striking Delegate from the District of Columbia, or Resident Commissioner, and inserting or Delegate or Resident Commissioner to the Congress.", "id": "H04FE99D0F9DD4E028F223238153D2237", "header": "Voting by noncitizens", "nested": [], "links": [] } ], "links": [] }, { "text": "1606. Ensuring equitable and efficient operation of polling places \n(a) In general \n(1) Requirement \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), section 1303(b), and section 1305(a), is amended— (A) by redesignating sections 315 and 316 as sections 316 and 317, respectively; and (B) by inserting after section 314 the following new section: 315. Ensuring equitable and efficient operation of polling places \n(a) Preventing unreasonable waiting times for voters \n(1) In general \nEach State or jurisdiction shall take reasonable efforts to provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in any election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, to ensure— (A) a fair and equitable waiting time for all voters in the State or jurisdiction; and (B) that no individual will be required to wait longer than 30 minutes to cast a ballot at the polling place. (2) Criteria \nIn determining the number of voting systems, poll workers, and other election resources provided at a polling place for purposes of paragraph (1), the State or jurisdiction shall take into account the following factors: (A) The voting age population. (B) Voter turnout in past elections. (C) The number of voters registered. (D) The number of voters who have registered since the most recent Federal election. (E) Census data for the population served by the polling place, such as the proportion of the voting-age population who are under 25 years of age or who are naturalized citizens. (F) The needs and numbers of voters with disabilities and voters with limited English proficiency. (G) The type of voting systems used. (H) The length and complexity of initiatives, referenda, and other questions on the ballot. (I) Such other factors, including relevant demographic factors relating to the population served by the polling place, as the State considers appropriate. (3) Rule of construction \nNothing in this subsection may be construed— (A) to authorize a State or jurisdiction to meet the requirements of this subsection by closing any polling place, prohibiting an individual from entering a line at a polling place, or refusing to permit an individual who has arrived at a polling place prior to closing time from voting at the polling place; or (B) to limit the use of mobile voting centers. (b) Limiting variations on number of hours of operation of polling places within a State \n(1) Limitation \n(A) In general \nExcept as provided in subparagraph (B) and paragraph (2), each State shall establish hours of operation for all polling places in the State on the date of any election for Federal office held in the State such that the polling place with the greatest number of hours of operation on such date is not in operation for more than 2 hours longer than the polling place with the fewest number of hours of operation on such date. (B) Permitting variance on basis of population \nSubparagraph (A) does not apply to the extent that the State establishes variations in the hours of operation of polling places on the basis of the overall population or the voting age population (as the State may select) of the unit of local government in which such polling places are located. (2) Exceptions for polling places with hours established by units of local government \nParagraph (1) does not apply in the case of a polling place— (A) whose hours of operation are established, in accordance with State law, by the unit of local government in which the polling place is located; or (B) which is required pursuant to an order by a court to extend its hours of operation beyond the hours otherwise established. (c) Ensuring access to polling places for voters \n(1) Proximity to public transportation \nTo the greatest extent practicable, each State and jurisdiction shall ensure that each polling place used on the date of the election is located within walking distance of a stop on a public transportation route. (2) Availability in rural areas \nIn the case of a jurisdiction that includes a rural area, the State or jurisdiction shall— (A) ensure that an appropriate number of polling places (not less than one) used on the date of the election will be located in such rural areas; and (B) ensure that such polling places are located in communities which will provide the greatest opportunity for residents of rural areas to vote on the date of the election. (3) Campuses of institutions of higher education \nIn the case of a jurisdiction that is not considered a vote by mail jurisdiction described in section 310(b)(2) or a small jurisdiction described in section 310(b)(3) and that includes an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), including a branch campus of such an institution, the State or jurisdiction shall— (A) ensure that an appropriate number of polling places (not less than one) used on the date of the election will be located on the physical campus of each such institution, including each such branch campus; and (B) ensure that such polling places provide the greatest opportunity for residents of the jurisdiction to vote. (d) Effective date \nThis section shall take effect upon the expiration of the 180-day period which begins on the date of enactment of this subsection.. (2) Conforming amendments relating to issuance of voluntary guidance by Election Assistance Commission \nSection 321(b) of such Act ( 52 U.S.C. 21101(b) ), as redesignated and amended by section 1101(b) and as amended by sections, 1102, 1103, 1104, and 1201, is amended— (A) by striking and at the end of paragraph (4); (B) by redesignating paragraph (5) as paragraph (6); (C) in paragraph (6), as so redesignated, by striking paragraph (4) and inserting paragraph (4) or (5) ; and (D) by inserting after paragraph (4) the following new paragraph: (5) in the case of the recommendations with respect to section 315, 180 days after the date of enactment of such section; and. (3) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), and section 1305(b), is amended— (A) by redesignating the items relating to sections 315 and 316 as relating to sections 316 and 317, respectively; and (B) by inserting after the item relating to section 314 the following new item: Sec. 315. Ensuring equitable and efficient operation of polling places.. (b) Study of methods To enforce fair and equitable waiting times \n(1) Study \nThe Election Assistance Commission and the Comptroller General of the United States shall conduct a joint study of the effectiveness of various methods of enforcing the requirements of section 315(a) of the Help America Vote Act of 2002, as added by subsection (a), including methods of best allocating resources to jurisdictions which have had the most difficulty in providing a fair and equitable waiting time at polling places to all voters, and to communities of color in particular. (2) Report \nNot later than 18 months after the date of enactment of this Act, the Election Assistance Commission and the Comptroller General of the United States shall publish and submit to Congress a report on the study conducted under paragraph (1).", "id": "HD6EE59B2F632423F8562D174AD578268", "header": "Ensuring equitable and efficient operation of polling places", "nested": [ { "text": "(a) In general \n(1) Requirement \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), section 1303(b), and section 1305(a), is amended— (A) by redesignating sections 315 and 316 as sections 316 and 317, respectively; and (B) by inserting after section 314 the following new section: 315. Ensuring equitable and efficient operation of polling places \n(a) Preventing unreasonable waiting times for voters \n(1) In general \nEach State or jurisdiction shall take reasonable efforts to provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in any election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, to ensure— (A) a fair and equitable waiting time for all voters in the State or jurisdiction; and (B) that no individual will be required to wait longer than 30 minutes to cast a ballot at the polling place. (2) Criteria \nIn determining the number of voting systems, poll workers, and other election resources provided at a polling place for purposes of paragraph (1), the State or jurisdiction shall take into account the following factors: (A) The voting age population. (B) Voter turnout in past elections. (C) The number of voters registered. (D) The number of voters who have registered since the most recent Federal election. (E) Census data for the population served by the polling place, such as the proportion of the voting-age population who are under 25 years of age or who are naturalized citizens. (F) The needs and numbers of voters with disabilities and voters with limited English proficiency. (G) The type of voting systems used. (H) The length and complexity of initiatives, referenda, and other questions on the ballot. (I) Such other factors, including relevant demographic factors relating to the population served by the polling place, as the State considers appropriate. (3) Rule of construction \nNothing in this subsection may be construed— (A) to authorize a State or jurisdiction to meet the requirements of this subsection by closing any polling place, prohibiting an individual from entering a line at a polling place, or refusing to permit an individual who has arrived at a polling place prior to closing time from voting at the polling place; or (B) to limit the use of mobile voting centers. (b) Limiting variations on number of hours of operation of polling places within a State \n(1) Limitation \n(A) In general \nExcept as provided in subparagraph (B) and paragraph (2), each State shall establish hours of operation for all polling places in the State on the date of any election for Federal office held in the State such that the polling place with the greatest number of hours of operation on such date is not in operation for more than 2 hours longer than the polling place with the fewest number of hours of operation on such date. (B) Permitting variance on basis of population \nSubparagraph (A) does not apply to the extent that the State establishes variations in the hours of operation of polling places on the basis of the overall population or the voting age population (as the State may select) of the unit of local government in which such polling places are located. (2) Exceptions for polling places with hours established by units of local government \nParagraph (1) does not apply in the case of a polling place— (A) whose hours of operation are established, in accordance with State law, by the unit of local government in which the polling place is located; or (B) which is required pursuant to an order by a court to extend its hours of operation beyond the hours otherwise established. (c) Ensuring access to polling places for voters \n(1) Proximity to public transportation \nTo the greatest extent practicable, each State and jurisdiction shall ensure that each polling place used on the date of the election is located within walking distance of a stop on a public transportation route. (2) Availability in rural areas \nIn the case of a jurisdiction that includes a rural area, the State or jurisdiction shall— (A) ensure that an appropriate number of polling places (not less than one) used on the date of the election will be located in such rural areas; and (B) ensure that such polling places are located in communities which will provide the greatest opportunity for residents of rural areas to vote on the date of the election. (3) Campuses of institutions of higher education \nIn the case of a jurisdiction that is not considered a vote by mail jurisdiction described in section 310(b)(2) or a small jurisdiction described in section 310(b)(3) and that includes an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), including a branch campus of such an institution, the State or jurisdiction shall— (A) ensure that an appropriate number of polling places (not less than one) used on the date of the election will be located on the physical campus of each such institution, including each such branch campus; and (B) ensure that such polling places provide the greatest opportunity for residents of the jurisdiction to vote. (d) Effective date \nThis section shall take effect upon the expiration of the 180-day period which begins on the date of enactment of this subsection.. (2) Conforming amendments relating to issuance of voluntary guidance by Election Assistance Commission \nSection 321(b) of such Act ( 52 U.S.C. 21101(b) ), as redesignated and amended by section 1101(b) and as amended by sections, 1102, 1103, 1104, and 1201, is amended— (A) by striking and at the end of paragraph (4); (B) by redesignating paragraph (5) as paragraph (6); (C) in paragraph (6), as so redesignated, by striking paragraph (4) and inserting paragraph (4) or (5) ; and (D) by inserting after paragraph (4) the following new paragraph: (5) in the case of the recommendations with respect to section 315, 180 days after the date of enactment of such section; and. (3) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), and section 1305(b), is amended— (A) by redesignating the items relating to sections 315 and 316 as relating to sections 316 and 317, respectively; and (B) by inserting after the item relating to section 314 the following new item: Sec. 315. Ensuring equitable and efficient operation of polling places..", "id": "H48E14A2733EA4F7D836EFB0E3AF408F9", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "52 U.S.C. 21101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21101" } ] }, { "text": "(b) Study of methods To enforce fair and equitable waiting times \n(1) Study \nThe Election Assistance Commission and the Comptroller General of the United States shall conduct a joint study of the effectiveness of various methods of enforcing the requirements of section 315(a) of the Help America Vote Act of 2002, as added by subsection (a), including methods of best allocating resources to jurisdictions which have had the most difficulty in providing a fair and equitable waiting time at polling places to all voters, and to communities of color in particular. (2) Report \nNot later than 18 months after the date of enactment of this Act, the Election Assistance Commission and the Comptroller General of the United States shall publish and submit to Congress a report on the study conducted under paragraph (1).", "id": "H8BDCD69AA317465B829C62C77B570807", "header": "Study of methods To enforce fair and equitable waiting times", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "52 U.S.C. 21101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21101" } ] }, { "text": "315. Ensuring equitable and efficient operation of polling places \n(a) Preventing unreasonable waiting times for voters \n(1) In general \nEach State or jurisdiction shall take reasonable efforts to provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in any election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, to ensure— (A) a fair and equitable waiting time for all voters in the State or jurisdiction; and (B) that no individual will be required to wait longer than 30 minutes to cast a ballot at the polling place. (2) Criteria \nIn determining the number of voting systems, poll workers, and other election resources provided at a polling place for purposes of paragraph (1), the State or jurisdiction shall take into account the following factors: (A) The voting age population. (B) Voter turnout in past elections. (C) The number of voters registered. (D) The number of voters who have registered since the most recent Federal election. (E) Census data for the population served by the polling place, such as the proportion of the voting-age population who are under 25 years of age or who are naturalized citizens. (F) The needs and numbers of voters with disabilities and voters with limited English proficiency. (G) The type of voting systems used. (H) The length and complexity of initiatives, referenda, and other questions on the ballot. (I) Such other factors, including relevant demographic factors relating to the population served by the polling place, as the State considers appropriate. (3) Rule of construction \nNothing in this subsection may be construed— (A) to authorize a State or jurisdiction to meet the requirements of this subsection by closing any polling place, prohibiting an individual from entering a line at a polling place, or refusing to permit an individual who has arrived at a polling place prior to closing time from voting at the polling place; or (B) to limit the use of mobile voting centers. (b) Limiting variations on number of hours of operation of polling places within a State \n(1) Limitation \n(A) In general \nExcept as provided in subparagraph (B) and paragraph (2), each State shall establish hours of operation for all polling places in the State on the date of any election for Federal office held in the State such that the polling place with the greatest number of hours of operation on such date is not in operation for more than 2 hours longer than the polling place with the fewest number of hours of operation on such date. (B) Permitting variance on basis of population \nSubparagraph (A) does not apply to the extent that the State establishes variations in the hours of operation of polling places on the basis of the overall population or the voting age population (as the State may select) of the unit of local government in which such polling places are located. (2) Exceptions for polling places with hours established by units of local government \nParagraph (1) does not apply in the case of a polling place— (A) whose hours of operation are established, in accordance with State law, by the unit of local government in which the polling place is located; or (B) which is required pursuant to an order by a court to extend its hours of operation beyond the hours otherwise established. (c) Ensuring access to polling places for voters \n(1) Proximity to public transportation \nTo the greatest extent practicable, each State and jurisdiction shall ensure that each polling place used on the date of the election is located within walking distance of a stop on a public transportation route. (2) Availability in rural areas \nIn the case of a jurisdiction that includes a rural area, the State or jurisdiction shall— (A) ensure that an appropriate number of polling places (not less than one) used on the date of the election will be located in such rural areas; and (B) ensure that such polling places are located in communities which will provide the greatest opportunity for residents of rural areas to vote on the date of the election. (3) Campuses of institutions of higher education \nIn the case of a jurisdiction that is not considered a vote by mail jurisdiction described in section 310(b)(2) or a small jurisdiction described in section 310(b)(3) and that includes an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), including a branch campus of such an institution, the State or jurisdiction shall— (A) ensure that an appropriate number of polling places (not less than one) used on the date of the election will be located on the physical campus of each such institution, including each such branch campus; and (B) ensure that such polling places provide the greatest opportunity for residents of the jurisdiction to vote. (d) Effective date \nThis section shall take effect upon the expiration of the 180-day period which begins on the date of enactment of this subsection.", "id": "HC3546A0834044AAA84F16D19BBDCAF69", "header": "Ensuring equitable and efficient operation of polling places", "nested": [ { "text": "(a) Preventing unreasonable waiting times for voters \n(1) In general \nEach State or jurisdiction shall take reasonable efforts to provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in any election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, to ensure— (A) a fair and equitable waiting time for all voters in the State or jurisdiction; and (B) that no individual will be required to wait longer than 30 minutes to cast a ballot at the polling place. (2) Criteria \nIn determining the number of voting systems, poll workers, and other election resources provided at a polling place for purposes of paragraph (1), the State or jurisdiction shall take into account the following factors: (A) The voting age population. (B) Voter turnout in past elections. (C) The number of voters registered. (D) The number of voters who have registered since the most recent Federal election. (E) Census data for the population served by the polling place, such as the proportion of the voting-age population who are under 25 years of age or who are naturalized citizens. (F) The needs and numbers of voters with disabilities and voters with limited English proficiency. (G) The type of voting systems used. (H) The length and complexity of initiatives, referenda, and other questions on the ballot. (I) Such other factors, including relevant demographic factors relating to the population served by the polling place, as the State considers appropriate. (3) Rule of construction \nNothing in this subsection may be construed— (A) to authorize a State or jurisdiction to meet the requirements of this subsection by closing any polling place, prohibiting an individual from entering a line at a polling place, or refusing to permit an individual who has arrived at a polling place prior to closing time from voting at the polling place; or (B) to limit the use of mobile voting centers.", "id": "H7D882CBDE8124C25A367997813D88989", "header": "Preventing unreasonable waiting times for voters", "nested": [], "links": [] }, { "text": "(b) Limiting variations on number of hours of operation of polling places within a State \n(1) Limitation \n(A) In general \nExcept as provided in subparagraph (B) and paragraph (2), each State shall establish hours of operation for all polling places in the State on the date of any election for Federal office held in the State such that the polling place with the greatest number of hours of operation on such date is not in operation for more than 2 hours longer than the polling place with the fewest number of hours of operation on such date. (B) Permitting variance on basis of population \nSubparagraph (A) does not apply to the extent that the State establishes variations in the hours of operation of polling places on the basis of the overall population or the voting age population (as the State may select) of the unit of local government in which such polling places are located. (2) Exceptions for polling places with hours established by units of local government \nParagraph (1) does not apply in the case of a polling place— (A) whose hours of operation are established, in accordance with State law, by the unit of local government in which the polling place is located; or (B) which is required pursuant to an order by a court to extend its hours of operation beyond the hours otherwise established.", "id": "HA5947125B2A24C3386129E2F05BB8BC8", "header": "Limiting variations on number of hours of operation of polling places within a State", "nested": [], "links": [] }, { "text": "(c) Ensuring access to polling places for voters \n(1) Proximity to public transportation \nTo the greatest extent practicable, each State and jurisdiction shall ensure that each polling place used on the date of the election is located within walking distance of a stop on a public transportation route. (2) Availability in rural areas \nIn the case of a jurisdiction that includes a rural area, the State or jurisdiction shall— (A) ensure that an appropriate number of polling places (not less than one) used on the date of the election will be located in such rural areas; and (B) ensure that such polling places are located in communities which will provide the greatest opportunity for residents of rural areas to vote on the date of the election. (3) Campuses of institutions of higher education \nIn the case of a jurisdiction that is not considered a vote by mail jurisdiction described in section 310(b)(2) or a small jurisdiction described in section 310(b)(3) and that includes an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), including a branch campus of such an institution, the State or jurisdiction shall— (A) ensure that an appropriate number of polling places (not less than one) used on the date of the election will be located on the physical campus of each such institution, including each such branch campus; and (B) ensure that such polling places provide the greatest opportunity for residents of the jurisdiction to vote.", "id": "H421F56CF6EAB4B5D84F9A7EF59D3D96D", "header": "Ensuring access to polling places for voters", "nested": [], "links": [ { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] }, { "text": "(d) Effective date \nThis section shall take effect upon the expiration of the 180-day period which begins on the date of enactment of this subsection.", "id": "H08674FAFA1ED4817907FB6FE79E17FD8", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] }, { "text": "1607. Prohibiting States from restricting curbside voting \n(a) Requirement \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), section 1303(b), section 1305(a), and section 1606(a)(1), is amended— (1) by redesignating sections 316 and 317 as sections 317 and 318, respectively; and (2) by inserting after section 315 the following new section: 316. Prohibiting States from restricting curbside voting \n(a) Prohibition \nA State may not— (1) prohibit any jurisdiction administering an election for Federal office in the State from utilizing curbside voting as a method by which individuals may cast ballots in the election; or (2) impose any restrictions which would exclude any individual who is eligible to vote in such an election in a jurisdiction which utilizes curbside voting from casting a ballot in the election by such method. (b) Effective date \nThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office.. (b) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), section 1305(a), and section 1606(a)(3), is amended— (1) by redesignating the items relating to sections 316 and 317 as relating to sections 317 and 318, respectively; and (2) by inserting after the item relating to section 315 the following new item: Sec. 316. Prohibiting States from restricting curbside voting..", "id": "H7D9AF39180D7459A9FF258411E362424", "header": "Prohibiting States from restricting curbside voting", "nested": [ { "text": "(a) Requirement \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), section 1303(b), section 1305(a), and section 1606(a)(1), is amended— (1) by redesignating sections 316 and 317 as sections 317 and 318, respectively; and (2) by inserting after section 315 the following new section: 316. Prohibiting States from restricting curbside voting \n(a) Prohibition \nA State may not— (1) prohibit any jurisdiction administering an election for Federal office in the State from utilizing curbside voting as a method by which individuals may cast ballots in the election; or (2) impose any restrictions which would exclude any individual who is eligible to vote in such an election in a jurisdiction which utilizes curbside voting from casting a ballot in the election by such method. (b) Effective date \nThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office..", "id": "HA7FF183FCE2D4EB3BDCC4175B29859C1", "header": "Requirement", "nested": [], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "(b) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), section 1305(a), and section 1606(a)(3), is amended— (1) by redesignating the items relating to sections 316 and 317 as relating to sections 317 and 318, respectively; and (2) by inserting after the item relating to section 315 the following new item: Sec. 316. Prohibiting States from restricting curbside voting..", "id": "HBCC3052E033642F8A31DEE5A95FB1752", "header": "Clerical amendments", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "316. Prohibiting States from restricting curbside voting \n(a) Prohibition \nA State may not— (1) prohibit any jurisdiction administering an election for Federal office in the State from utilizing curbside voting as a method by which individuals may cast ballots in the election; or (2) impose any restrictions which would exclude any individual who is eligible to vote in such an election in a jurisdiction which utilizes curbside voting from casting a ballot in the election by such method. (b) Effective date \nThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office.", "id": "HE25450D851CB49F98EE88DB4A999ABD2", "header": "Prohibiting States from restricting curbside voting", "nested": [ { "text": "(a) Prohibition \nA State may not— (1) prohibit any jurisdiction administering an election for Federal office in the State from utilizing curbside voting as a method by which individuals may cast ballots in the election; or (2) impose any restrictions which would exclude any individual who is eligible to vote in such an election in a jurisdiction which utilizes curbside voting from casting a ballot in the election by such method.", "id": "HC0FAD2958F7A40FCBDD5484BE8E9DBC3", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Effective date \nThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office.", "id": "HB298B5085AEE421494925FAFA3443711", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "1611. Reauthorization of Election Assistance Commission \nSection 210 of the Help America Vote Act of 2002 ( 52 U.S.C. 20930 ) is amended— (1) by striking for each of the fiscal years 2003 through 2005 and inserting for fiscal year 2024 and each succeeding fiscal year ; and (2) by striking (but not to exceed $10,000,000 for each such year).", "id": "H4EA0E62D761C4B54B6EA74E57EB9D7CF", "header": "Reauthorization of Election Assistance Commission", "nested": [], "links": [ { "text": "52 U.S.C. 20930", "legal-doc": "usc", "parsable-cite": "usc/52/20930" } ] }, { "text": "1612. Recommendations to improve operations of Election Assistance Commission \n(a) Assessment of information technology and cybersecurity \nNot later than June 30, 2024, the Election Assistance Commission shall carry out an assessment of the security and effectiveness of the Commission’s information technology systems, including the cybersecurity of such systems. (b) Improvements to administrative complaint procedures \n(1) Review of procedures \nThe Election Assistance Commission shall carry out a review of the effectiveness and efficiency of the State-based administrative complaint procedures established and maintained under section 402 of the Help America Vote Act of 2002 ( 52 U.S.C. 21112 ) for the investigation and resolution of allegations of violations of title III of such Act. (2) Recommendations to streamline procedures \nNot later than June 30, 2024, the Commission shall submit to Congress a report on the review carried out under paragraph (1), and shall include in the report such recommendations as the Commission considers appropriate to streamline and improve the procedures which are the subject of the review.", "id": "HFE876D55591A414DAF43C7721B655E50", "header": "Recommendations to improve operations of Election Assistance Commission", "nested": [ { "text": "(a) Assessment of information technology and cybersecurity \nNot later than June 30, 2024, the Election Assistance Commission shall carry out an assessment of the security and effectiveness of the Commission’s information technology systems, including the cybersecurity of such systems.", "id": "H0CEB9DB737F94B82B7B4EF0A56FDA80F", "header": "Assessment of information technology and cybersecurity", "nested": [], "links": [] }, { "text": "(b) Improvements to administrative complaint procedures \n(1) Review of procedures \nThe Election Assistance Commission shall carry out a review of the effectiveness and efficiency of the State-based administrative complaint procedures established and maintained under section 402 of the Help America Vote Act of 2002 ( 52 U.S.C. 21112 ) for the investigation and resolution of allegations of violations of title III of such Act. (2) Recommendations to streamline procedures \nNot later than June 30, 2024, the Commission shall submit to Congress a report on the review carried out under paragraph (1), and shall include in the report such recommendations as the Commission considers appropriate to streamline and improve the procedures which are the subject of the review.", "id": "HE16CFD67C4FC4A5E94733B752957172C", "header": "Improvements to administrative complaint procedures", "nested": [], "links": [ { "text": "52 U.S.C. 21112", "legal-doc": "usc", "parsable-cite": "usc/52/21112" } ] } ], "links": [ { "text": "52 U.S.C. 21112", "legal-doc": "usc", "parsable-cite": "usc/52/21112" } ] }, { "text": "1613. Repeal of exemption of Election Assistance Commission from certain government contracting requirements \n(a) In general \nSection 205 of the Help America Vote Act of 2002 ( 52 U.S.C. 20925 ) is amended by striking subsection (e). (b) Effective date \nThe amendment made by subsection (a) shall apply with respect to contracts entered into by the Election Assistance Commission on or after the date of enactment of this Act.", "id": "H11F3CFF816F7475D919F8CAF156FF646", "header": "Repeal of exemption of Election Assistance Commission from certain government contracting requirements", "nested": [ { "text": "(a) In general \nSection 205 of the Help America Vote Act of 2002 ( 52 U.S.C. 20925 ) is amended by striking subsection (e).", "id": "H6A67BEC9724B45DF86FFF2E4F0761A82", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 20925", "legal-doc": "usc", "parsable-cite": "usc/52/20925" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply with respect to contracts entered into by the Election Assistance Commission on or after the date of enactment of this Act.", "id": "HDF042621921A40FFB285B3BBF80AF8EB", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 20925", "legal-doc": "usc", "parsable-cite": "usc/52/20925" } ] }, { "text": "1621. Definition of election for Federal office \n(a) Definition \nTitle IX of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 et seq. ) is amended by adding at the end the following new section: 907. Election for Federal office defined \nFor purposes of titles I through III, the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.. (b) Clerical amendment \nThe table of contents of such Act is amended by adding at the end of the items relating to title IX the following new item: Sec. 907. Election for Federal office defined..", "id": "H6C9BBB55F15B4A819DA7675BB811C8DD", "header": "Definition of election for Federal office", "nested": [ { "text": "(a) Definition \nTitle IX of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 et seq. ) is amended by adding at the end the following new section: 907. Election for Federal office defined \nFor purposes of titles I through III, the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress..", "id": "HD8CBE04F50994D1E80FCA9715562E45C", "header": "Definition", "nested": [], "links": [ { "text": "52 U.S.C. 21141 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21141" } ] }, { "text": "(b) Clerical amendment \nThe table of contents of such Act is amended by adding at the end of the items relating to title IX the following new item: Sec. 907. Election for Federal office defined..", "id": "H68702E7735394A76B2BCF89A3E939568", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21141 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21141" } ] }, { "text": "907. Election for Federal office defined \nFor purposes of titles I through III, the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.", "id": "HC44BAE957E324CA59F216EF751C328D7", "header": "Election for Federal office defined", "nested": [], "links": [] }, { "text": "1622. No effect on other laws \n(a) In general \nExcept as specifically provided, nothing in this title may be construed to authorize or require conduct prohibited under any of the following laws, or to supersede, restrict, or limit the application of such laws: (1) The Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ). (2) The Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20101 et seq. ). (3) The Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ). (4) The National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ). (5) The Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (6) The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ). (b) No effect on preclearance or other requirements under Voting Rights Act \nThe approval by any person of a payment or grant application under this title, or any other action taken by any person under this title, shall not be considered to have any effect on requirements for preclearance under section 5 of the Voting Rights Act of 1965 ( 52 U.S.C. 10304 ) or any other requirements of such Act. (c) No effect on authority of States To provide greater opportunities for voting \nNothing in this title or the amendments made by this title may be construed to prohibit any State from enacting any law which provides greater opportunities for individuals to register to vote and to vote in elections for Federal office than are provided by this title and the amendments made by this title.", "id": "H566DBCD39D3145D08F1C98CE69F5B3FF", "header": "No effect on other laws", "nested": [ { "text": "(a) In general \nExcept as specifically provided, nothing in this title may be construed to authorize or require conduct prohibited under any of the following laws, or to supersede, restrict, or limit the application of such laws: (1) The Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ). (2) The Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20101 et seq. ). (3) The Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ). (4) The National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ). (5) The Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (6) The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ).", "id": "HCCA05CC5E41E43A2B049078825C534E9", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 10301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/10301" }, { "text": "52 U.S.C. 20101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20101" }, { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 20501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20501" }, { "text": "42 U.S.C. 12101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12101" }, { "text": "29 U.S.C. 701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/701" } ] }, { "text": "(b) No effect on preclearance or other requirements under Voting Rights Act \nThe approval by any person of a payment or grant application under this title, or any other action taken by any person under this title, shall not be considered to have any effect on requirements for preclearance under section 5 of the Voting Rights Act of 1965 ( 52 U.S.C. 10304 ) or any other requirements of such Act.", "id": "H52EA531088E542E5B99C6E52CAEB6979", "header": "No effect on preclearance or other requirements under Voting Rights Act", "nested": [], "links": [ { "text": "52 U.S.C. 10304", "legal-doc": "usc", "parsable-cite": "usc/52/10304" } ] }, { "text": "(c) No effect on authority of States To provide greater opportunities for voting \nNothing in this title or the amendments made by this title may be construed to prohibit any State from enacting any law which provides greater opportunities for individuals to register to vote and to vote in elections for Federal office than are provided by this title and the amendments made by this title.", "id": "H2089B99A22014C5EA954B82406658FE6", "header": "No effect on authority of States To provide greater opportunities for voting", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 10301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/10301" }, { "text": "52 U.S.C. 20101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20101" }, { "text": "52 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20301" }, { "text": "52 U.S.C. 20501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20501" }, { "text": "42 U.S.C. 12101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12101" }, { "text": "29 U.S.C. 701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/701" }, { "text": "52 U.S.C. 10304", "legal-doc": "usc", "parsable-cite": "usc/52/10304" } ] }, { "text": "1623. Clarification of exemption for States without voter registration \nTo the extent that any provision of this title or any amendment made by this title imposes a requirement on a State relating to registering individuals to vote in elections for Federal office, such provision shall not apply in the case of any State in which, under law that is in effect continuously on and after the date of enactment of this Act, there is no voter registration requirement for any voter in the State with respect to an election for Federal office.", "id": "HB5F1EBBA640D4D38989C459D94608076", "header": "Clarification of exemption for States without voter registration", "nested": [], "links": [] }, { "text": "1624. Clarification of exemption for States which do not collect telephone information \n(a) Amendment to Help America Vote Act of 2002 \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), section 1303(b), section 1305(a), section 1606(a)(1), and section 1607(a), is amended— (1) by redesignating sections 317 and 318 as sections 318 and 319, respectively; and (2) by inserting after section 316 the following new section: 317. Application of certain provisions to States which do not collect telephone information \n(a) In general \nTo the extent that any provision of this title imposes a requirement on a State or jurisdiction relating to contacting voters by telephone, such provision shall not apply in the case of any State which continuously on and after the date of enactment of this Act, does not collect telephone numbers for voters as part of voter registration in the State with respect to an election for Federal office. (b) Exception \nSubsection (a) shall not apply in any case in which the voter has voluntarily provided telephone information.. (b) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), section 1305(a), section 1606(a)(3), and section 1607(b), is amended— (1) by redesignating the items relating to sections 317 and 318 as relating to sections 318 and 319, respectively; and (2) by inserting after the item relating to section 316 the following new item: Sec. 317. Application of certain provisions to States which do not collect telephone information..", "id": "H36B8A05C2DF74F1A800CC9AF64D6D7BA", "header": "Clarification of exemption for States which do not collect telephone information", "nested": [ { "text": "(a) Amendment to Help America Vote Act of 2002 \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), section 1303(b), section 1305(a), section 1606(a)(1), and section 1607(a), is amended— (1) by redesignating sections 317 and 318 as sections 318 and 319, respectively; and (2) by inserting after section 316 the following new section: 317. Application of certain provisions to States which do not collect telephone information \n(a) In general \nTo the extent that any provision of this title imposes a requirement on a State or jurisdiction relating to contacting voters by telephone, such provision shall not apply in the case of any State which continuously on and after the date of enactment of this Act, does not collect telephone numbers for voters as part of voter registration in the State with respect to an election for Federal office. (b) Exception \nSubsection (a) shall not apply in any case in which the voter has voluntarily provided telephone information..", "id": "H38AAE382C8F44460A43DA99D8E002900", "header": "Amendment to Help America Vote Act of 2002", "nested": [], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "(b) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), section 1305(a), section 1606(a)(3), and section 1607(b), is amended— (1) by redesignating the items relating to sections 317 and 318 as relating to sections 318 and 319, respectively; and (2) by inserting after the item relating to section 316 the following new item: Sec. 317. Application of certain provisions to States which do not collect telephone information..", "id": "HB832BA6A57424B3689FD3C6D646C2664", "header": "Clerical amendments", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "317. Application of certain provisions to States which do not collect telephone information \n(a) In general \nTo the extent that any provision of this title imposes a requirement on a State or jurisdiction relating to contacting voters by telephone, such provision shall not apply in the case of any State which continuously on and after the date of enactment of this Act, does not collect telephone numbers for voters as part of voter registration in the State with respect to an election for Federal office. (b) Exception \nSubsection (a) shall not apply in any case in which the voter has voluntarily provided telephone information.", "id": "H1405CE2578224C718888E86A0834AD71", "header": "Application of certain provisions to States which do not collect telephone information", "nested": [ { "text": "(a) In general \nTo the extent that any provision of this title imposes a requirement on a State or jurisdiction relating to contacting voters by telephone, such provision shall not apply in the case of any State which continuously on and after the date of enactment of this Act, does not collect telephone numbers for voters as part of voter registration in the State with respect to an election for Federal office.", "id": "HE92C705B264E40FFA3092B41B2625AD6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exception \nSubsection (a) shall not apply in any case in which the voter has voluntarily provided telephone information.", "id": "HCE9CFE175F2D4B4BA87E09068FC49F18", "header": "Exception", "nested": [], "links": [] } ], "links": [] }, { "text": "1701. Short title \nThis subtitle may be cited as the Democracy Restoration Act of 2023.", "id": "H4416A41955F346E5955BAFF193581015", "header": "Short title", "nested": [], "links": [] }, { "text": "1702. Findings \nCongress makes the following findings: (1) The right to vote is the most basic constitutive act of citizenship. Regaining the right to vote reintegrates individuals with criminal convictions into free society, helping to enhance public safety. (2) Article I, section 4, of the Constitution grants Congress ultimate supervisory power over Federal elections, an authority which has repeatedly been upheld by the United States Supreme Court. (3) Basic constitutional principles of fairness and equal protection require an equal opportunity for citizens of the United States to vote in Federal elections. The right to vote may not be abridged or denied by the United States or by any State on account of race, color, gender, or previous condition of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th Amendments to the Constitution empower Congress to enact measures to protect the right to vote in Federal elections. The 8th Amendment to the Constitution provides for no excessive bail to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (4) There are 3 areas in which discrepancies in State laws regarding criminal convictions lead to unfairness in Federal elections— (A) the lack of a uniform standard for voting in Federal elections leads to an unfair disparity and unequal participation in Federal elections based solely on where a person lives; (B) laws governing the restoration of voting rights after a criminal conviction vary throughout the country and persons in some States can easily regain their voting rights while in other States persons effectively lose their right to vote permanently; and (C) State disenfranchisement laws disproportionately impact racial and ethnic minorities. (5) State disenfranchisement laws vary widely. Two States (Maine and Vermont) and the Commonwealth of Puerto Rico do not disenfranchise individuals with criminal convictions at all. In 2020, the District of Columbia re-enfranchised its citizens who are under the supervision of the Federal Bureau of Prisons. Twenty-five States disenfranchise certain individuals on felony probation or parole. During 2023, lawmakers in Minnesota and New Mexico expanded voting rights to citizens on felony probation and parole. In 11 States, a conviction for certain offenses can result in lifetime disenfranchisement. (6) Several States deny the right to vote to individuals convicted of certain misdemeanors. (7) In 2022, over 4,600,000 citizens of the United States, or about 1 in 50 adults in the United States, could not vote as a result of a felony conviction. Of the 4,600,000 citizens barred from voting then, only 23 percent were in prison or jail. By contrast, 75 percent of persons disenfranchised then resided in their communities while on probation or parole or after having completed their sentences. Approximately 2,200,000 citizens who had completed their sentences were disenfranchised due to restrictive State laws. Over 930,000 Floridians who completed their sentence remain disenfranchised because of a pay-to-vote requirement that was enacted by Florida lawmakers in 2019 to undermine the impact of a 2018 ballot initiative that eliminated the lifetime ban for persons with certain felony convictions. In 3 States—Alabama, Mississippi, and Tennessee—more than 8 percent of the total population is disenfranchised. (8) In those States that disenfranchise individuals post-sentence, the right to vote can be regained in theory, but in practice this possibility is often granted in a non-uniform and potentially discriminatory manner. Disenfranchised individuals sometimes must either obtain a pardon or an order from the Governor or an action by the parole or pardon board, depending on the offense and State. Financial restrictions may also inhibit individuals who have completed their sentences from re-enfranchisement. Individuals convicted of a Federal offense often have additional barriers to regaining voting rights. (9) Many felony disenfranchisement laws today derive directly from post-Civil War efforts to stifle the Fourteenth and Fifteenth Amendments. Between 1865 and 1880, at least 14 States—Alabama, Arkansas, Colorado, Florida, Georgia, Illinois, Mississippi, Missouri, Nebraska, New York, North Carolina, South Carolina, Tennessee, and Texas—enacted or expanded their felony disenfranchisement laws. One of the primary goals of these laws was to prevent African Americans from voting. Of the States that enacted or expanded their felony disenfranchisement laws during this post-Civil War period, at least 11 continue to preclude persons on felony probation or parole from voting. (10) State disenfranchisement laws disproportionately impact racial and ethnic minorities. In recent years, African Americans have been imprisoned at over 5 times the rate of Whites. More than 6 percent of the voting-age African-American population, or 1,800,000 African Americans, are disenfranchised due to a felony conviction. In 9 States—Alabama (16 percent), Arizona (13 percent), Florida (15 percent), Kentucky (15 percent), Mississippi (16 percent), South Dakota (14 percent), Tennessee (21 percent), Virginia (16 percent), and Wyoming (36 percent)—more than 1 in 8 African Americans are unable to vote because of a felony conviction, twice the national average for African Americans. (11) Latino citizens are also disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system. Although data on ethnicity in correctional populations are unevenly reported and undercounted in some States, a conservative estimate is that at least 506,000 Latino Americans or 1.7 percent of the voting-age population are disenfranchised. In 31 States Latinos are disenfranchised at a higher rate than the general population. In Arizona and Tennessee over 6 percent of Latino voters are disenfranchised due to a felony conviction. (12) Women have been significantly impacted by mass incarceration since the early 1980s. Approximately 1,000,000 women were disenfranchised in 2022, comprising over 20 percent of the total disenfranchised population. (13) Disenfranchising citizens who have been convicted of a criminal offense and who are living and working in the community serves no compelling State interest and hinders their rehabilitation and reintegration into society. Models of successful re-entry for persons convicted of a crime emphasize the importance of community ties, feeling vested and integrated, and prosocial attitudes. Individuals with criminal convictions who succeed in avoiding recidivism are typically more likely to see themselves as law-abiding members of the community. Restoration of voting rights builds those qualities and facilitates reintegration into the community. That is why allowing citizens with criminal convictions who are living in a community to vote is correlated with a lower likelihood of recidivism. Restoration of voting rights thus reduces violence and protects public safety. (14) State disenfranchisement laws can suppress electoral participation among eligible voters by discouraging voting among family and community members of disenfranchised persons. Future electoral participation by the children of disenfranchised parents may be impacted as well. (15) The United States is one of the only Western democracies that permits the permanent denial of voting rights for individuals with felony convictions. (16) The Eighth Amendment’s prohibition on cruel and unusual punishments guarantees individuals the right not to be subjected to excessive sanctions. (Roper v. Simmons, 543 U.S. 551, 560 (2005)). That right stems from the basic precept of justice that punishment for crime should be graduated and proportioned to [the] offense. Id. (quoting Weems v. United States, 217 U.S. 349, 367 (1910)). As the Supreme Court has long recognized, [t]he concept of proportionality is central to the Eighth Amendment. (Graham v. Florida, 560 U.S. 48, 59 (2010)). Many State disenfranchisement laws are grossly disproportional to the offenses that lead to disenfranchisement and thus violate the bar on cruel and unusual punishments. For example, a number of States mandate lifetime disenfranchisement for a single felony conviction or just two felony convictions, even where the convictions were for non-violent offenses. In numerous other States, disenfranchisement can last years or even decades while individuals remain on probation or parole, often only because a person cannot pay their legal financial obligations. These kinds of extreme voting bans run afoul of the Eighth Amendment. (17) The Twenty-Fourth Amendment provides that the right to vote shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax. Section 2 of the Twenty-Fourth Amendment gives Congress the power to enforce this article by appropriate legislation. Court fines and fees that individuals must pay to have their voting rights restored constitute an other tax for purposes of the Twenty-Fourth Amendment. At least five States explicitly require the payment of fines and fees before individuals with felony convictions can have their voting rights restored. More than 20 other States effectively tie the right to vote to the payment of fines and fees, by requiring that individuals complete their probation or parole before their rights are restored. In these States, the non-payment of fines and fees is a basis on which probation or parole can be extended. Moreover, these States sometimes do not record the basis on which an individual’s probation or parole was extended, making it impossible to determine from the State’s records whether non-payment of fines and fees is the reason that an individual remains on probation or parole. For these reasons, the only way to ensure that States do not deny the right to vote based solely on non-payment of fines and fees is to prevent States from conditioning voting rights on the completion of probation or parole.", "id": "H636FACE03BB048DA8EBC6C067E94E2B8", "header": "Findings", "nested": [], "links": [] }, { "text": "1703. Rights of citizens \nThe right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election.", "id": "HAB355B0129DD4C20BA113ECC4D7D48B2", "header": "Rights of citizens", "nested": [], "links": [] }, { "text": "1704. Enforcement \n(a) Attorney General \nThe Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this subtitle. (b) Private right of action \n(1) In general \nA person who is aggrieved by a violation of this subtitle may provide written notice of the violation to the chief election official of the State involved. (2) Relief \nExcept as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (3) Exception \nIf the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation.", "id": "H5C489AA91B824E69B3CC63DC1B4F8CA0", "header": "Enforcement", "nested": [ { "text": "(a) Attorney General \nThe Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this subtitle.", "id": "H98361D17E74147B98E24041DFF9AFB24", "header": "Attorney General", "nested": [], "links": [] }, { "text": "(b) Private right of action \n(1) In general \nA person who is aggrieved by a violation of this subtitle may provide written notice of the violation to the chief election official of the State involved. (2) Relief \nExcept as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (3) Exception \nIf the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation.", "id": "H303233AFE4EB4587AC1E90E0200B90F8", "header": "Private right of action", "nested": [], "links": [] } ], "links": [] }, { "text": "1705. Notification of restoration of voting rights \n(a) State notification \n(1) Notification \nOn the date determined under paragraph (2), each State shall notify in writing any individual who has been convicted of a criminal offense under the law of that State that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2023 and may register to vote in any such election and provide such individuals with any materials that are necessary to register to vote in any such election. (2) Date of notification \n(A) Felony conviction \nIn the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual— (i) is sentenced to serve only a term of probation; or (ii) is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction \nIn the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court. (b) Federal notification \n(1) Notification \nAny individual who has been convicted of a criminal offense under Federal law shall be notified in accordance with paragraph (2) that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2023 and may register to vote in any such election. (2) Date of notification \n(A) Felony conviction \nIn the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given— (i) in the case of an individual who is sentenced to serve only a term of probation, by the Assistant Director for the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts on the date on which the individual is sentenced; or (ii) in the case of any individual committed to the custody of the Bureau of Prisons, by the Director of the Bureau of Prisons, during the period beginning on the date that is 6 months before such individual is released and ending on the date such individual is released from the custody of the Bureau of Prisons. (B) Misdemeanor conviction \nIn the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a court established by an Act of Congress.", "id": "H99282D0B206B4A74BC757D036C795675", "header": "Notification of restoration of voting rights", "nested": [ { "text": "(a) State notification \n(1) Notification \nOn the date determined under paragraph (2), each State shall notify in writing any individual who has been convicted of a criminal offense under the law of that State that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2023 and may register to vote in any such election and provide such individuals with any materials that are necessary to register to vote in any such election. (2) Date of notification \n(A) Felony conviction \nIn the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual— (i) is sentenced to serve only a term of probation; or (ii) is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction \nIn the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court.", "id": "H64E8CDCA9F4F4738836D46AB26E8A2AB", "header": "State notification", "nested": [], "links": [] }, { "text": "(b) Federal notification \n(1) Notification \nAny individual who has been convicted of a criminal offense under Federal law shall be notified in accordance with paragraph (2) that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2023 and may register to vote in any such election. (2) Date of notification \n(A) Felony conviction \nIn the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given— (i) in the case of an individual who is sentenced to serve only a term of probation, by the Assistant Director for the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts on the date on which the individual is sentenced; or (ii) in the case of any individual committed to the custody of the Bureau of Prisons, by the Director of the Bureau of Prisons, during the period beginning on the date that is 6 months before such individual is released and ending on the date such individual is released from the custody of the Bureau of Prisons. (B) Misdemeanor conviction \nIn the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a court established by an Act of Congress.", "id": "HBDB7E6069CEE4314B6EA1EA4826D821E", "header": "Federal notification", "nested": [], "links": [] } ], "links": [] }, { "text": "1706. Definitions \nFor purposes of this subtitle: (1) Correctional institution or facility \nThe term correctional institution or facility means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any residential community treatment center (or similar public or private facility). (2) Election \nThe term election means— (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. (3) Federal office \nThe term Federal office means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States. (4) Probation \nThe term probation means probation, imposed by a Federal, State, or local court, with or without a condition on the individual involved concerning— (A) the individual’s freedom of movement; (B) the payment of damages by the individual; (C) periodic reporting by the individual to an officer of the court; or (D) supervision of the individual by an officer of the court.", "id": "HFD4B416C0D89420EB2C43BC8CB8A19E1", "header": "Definitions", "nested": [], "links": [] }, { "text": "1707. Relation to other laws \n(a) State laws relating to voting rights \nNothing in this Act shall be construed to prohibit any State from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this Act. (b) Certain Federal Acts \nThe rights and remedies established by this subtitle are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this subtitle shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ), the National Voter Registration Act ( 52 U.S.C. 20501 ), or the Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq. ).", "id": "H38468ADB2F644F26ABD95CEBAD06E969", "header": "Relation to other laws", "nested": [ { "text": "(a) State laws relating to voting rights \nNothing in this Act shall be construed to prohibit any State from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this Act.", "id": "H316F1DF3055F41909D7535874D82C506", "header": "State laws relating to voting rights", "nested": [], "links": [] }, { "text": "(b) Certain Federal Acts \nThe rights and remedies established by this subtitle are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this subtitle shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ), the National Voter Registration Act ( 52 U.S.C. 20501 ), or the Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq. ).", "id": "H7BD98FC2D72646FDB992FEC3BE00442D", "header": "Certain Federal Acts", "nested": [], "links": [ { "text": "52 U.S.C. 10301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/10301" }, { "text": "52 U.S.C. 20501", "legal-doc": "usc", "parsable-cite": "usc/52/20501" }, { "text": "52 U.S.C. 20901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20901" } ] } ], "links": [ { "text": "52 U.S.C. 10301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/10301" }, { "text": "52 U.S.C. 20501", "legal-doc": "usc", "parsable-cite": "usc/52/20501" }, { "text": "52 U.S.C. 20901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20901" } ] }, { "text": "1708. Federal prison funds \nNo State, unit of local government, or other person may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal funds unless that State, unit of local government, or person— (1) is in compliance with section 1703; and (2) has in effect a program under which each individual incarcerated in that person’s jurisdiction who is a citizen of the United States is notified, upon release from such incarceration, of that individual’s rights under section 1703.", "id": "HA75B61EBC32145A593DE75FB099AB493", "header": "Federal prison funds", "nested": [], "links": [] }, { "text": "1709. Effective date \nThis subtitle shall apply to citizens of the United States voting in any election for Federal office held on or after the date of enactment of this Act.", "id": "H46EDA26206C14709AF88C695DD203695", "header": "Effective date", "nested": [], "links": [] }, { "text": "1801. Requirements for voter identification \n(a) Requirement To provide identification as condition of receiving ballot \nSection 303 of the Help America Vote Act of 2002 ( 52 U.S.C. 21083 ) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: (c) Voter identification requirements \n(1) Voter identification requirement defined \nFor purposes of this subsection: (A) In general \nThe term voter identification requirement means any requirement that an individual desiring to vote in person in an election for Federal office present identification as a requirement to receive or cast a ballot in person in such election. (B) Exception \nSuch term does not include any requirement described in subsection (b)(2)(A) as applied with respect to an individual described in subsection (b)(1). (2) In general \nIf a State or local jurisdiction has a voter identification requirement, the State or local jurisdiction— (A) shall treat any applicable identifying document as meeting such voter identification requirement; (B) notwithstanding the failure to present an applicable identifying document, shall treat an individual desiring to vote in person in an election for Federal office as meeting such voter identification requirement if— (i) the individual presents the appropriate State or local election official with a sworn written statement, signed in the presence of the official by an adult who has known the individual for not less than 6 months under penalty of perjury, attesting to the individual’s identity; (ii) the official has known the individual for at least six months; or (iii) in the case of a resident of a State-licensed care facility, an employee of the facility confirms the individual’s identity; and (C) shall permit any individual desiring to vote in an election for Federal office who does not present an applicable identifying document required under subparagraph (A) or qualify for an exception under subparagraph (B) to cast a provisional ballot with respect to the election under section 302(a) in accordance with paragraph (3). (3) Rules for provisional ballot \n(A) In general \nAn individual may cast a provisional ballot pursuant to paragraph (2)(C) so long as the individual presents the appropriate State or local election official with a sworn written statement, signed by the individual under penalty of perjury, attesting to the individual’s identity. (B) Prohibition on other requirements \nExcept as otherwise provided this paragraph, a State or local jurisdiction may not impose any other additional requirement or condition with respect to the casting of a provisional ballot by an individual described in paragraph (2)(C). (C) Counting of provisional ballot \nIn the case of a provisional ballot cast pursuant to paragraph (2)(C), the appropriate State or local election official shall not make a determination under section 302(a)(4) that the individual is eligible under State law to vote in the election unless— (i) the official determines that the signature on such statement matches the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; or (ii) not later than 10 days after casting the provisional ballot, the individual presents an applicable identifying document, either in person or by electronic methods, to the official and the official confirms the individual is the person identified on the applicable identifying document. (D) Notice and opportunity to cure discrepancy in signatures or other defects on provisional ballots \n(i) Notice and opportunity to cure discrepancy in signatures \nIf an individual casts a provisional ballot under this paragraph and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall— (I) as soon as practical, but not later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (aa) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; and (bb) if such discrepancy is not cured prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (II) cure such discrepancy and count the ballot if, prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. (ii) Notice and opportunity to cure other defects \nIf an individual casts a provisional ballot under this paragraph with a defect which, if left uncured, would cause the ballot to not be counted, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall— (I) as soon as practical, but not later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (aa) the ballot has some defect; and (bb) if the individual does not cure the other defect prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (II) count the ballot if, prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, the individual cures the defect. (E) No exemption \nNotwithstanding section 302(a), States described in section 4(b) of the National Voter Registration Act of 1993 shall be required to meet the requirements of paragraph (2)(C). (F) Rule of construction \n(i) In general \nNothing in paragraph (2)(C) or this paragraph shall be construed to prevent a State from permitting an individual who provides a sworn statement described in subparagraph (A) to cast a regular ballot in lieu of a provisional ballot. (ii) Regular ballot \nFor purpose of this subparagraph, the term regular ballot means a ballot which is cast and counted in the same manner as ballots cast by individuals meeting the voter identification requirement (and all other applicable requirements with respect to voting in the election). (4) Development and use of pre-printed version of statement by commission \n(A) In general \nThe Commission shall develop pre-printed versions of the statements described in paragraphs (2)(B)(i) and (3)(A) which include appropriate blank spaces for the provision of names and signatures. (B) Providing pre-printed copy of statement \nEach State and jurisdiction that has a voter identification requirement shall make copies of the pre-printed version of the statement developed under subparagraph (A) available at polling places for use by individuals voting in person. (5) Required provision of identifying documents \n(A) In general \nEach State and jurisdiction that has a voter identification requirement shall— (i) for each individual who, on or after the applicable date, is registered to vote in such State or jurisdiction in elections for Federal office, provide the individual with a government-issued identification that meets the requirements of this subsection without charge; (ii) for each individual who, before the applicable date, was registered to vote in such State or jurisdiction in elections for Federal office but does not otherwise possess an identifying document, provide the individual with a government-issued identification that meets the requirements of this subsection without charge, so long as the State provides the individual with reasonable opportunities to obtain such identification prior to the date of the election; and (iii) for each individual who is provided with an identification under clause (i) or clause (ii), provide the individual with such assistance without charge upon request as may be necessary to enable the individual to obtain and process any documentation necessary to obtain the identification. (B) Applicable date \nFor purposes of this paragraph, the term applicable date means the later of— (i) January 1, 2024, or (ii) the first date after the date of enactment of this subsection for which the State or local jurisdiction has in effect a voter identification requirement. (6) Applicable identifying document \nFor purposes of this subsection— (A) In general \nThe term applicable identifying document means, with respect to any individual, any document issued to such individual containing the individual's name. (B) Included documents \nThe term applicable identifying document shall include any of the following (so long as such document is not expired, as indicated by an expiration date included on the document): (i) A valid driver’s license or an identification card issued by a State, the Federal Government, or a State or federally recognized Tribal government. (ii) A State-issued identification described in paragraph (4). (iii) A valid United States passport or passport card. (iv) A valid employee identification card issued by— (I) any branch, department, agency, or entity of the United States Government or of any State, (II) any State or federally recognized Tribal government, or (III) any county, municipality, board, authority, or other political subdivision of a State. (v) A valid student identification card issued by an institution of higher education, or a valid high school identification card issued by a State-accredited high school. (vi) A valid military identification card issued by the United States. (vii) A valid gun license or concealed carry permit. (viii) A valid Medicare card or Social Security card. (ix) A valid birth certificate. (x) A valid voter registration card. (xi) A valid hunting or fishing license issued by a State. (xii) A valid identification card issued to the individual by the Supplemental Nutrition Assistance (SNAP) program. (xiii) A valid identification card issued to the individual by the Temporary Assistance for Needy Families (TANF) program. (xiv) A valid identification card issued to the individual by Medicaid. (xv) A valid bank card or valid debit card. (xvi) A valid utility bill issued within six months of the date of the election. (xvii) A valid lease or mortgage document issued within six months of the date of the election. (xviii) A valid bank statement issued within six months of the date of the election. (xix) A valid health insurance card issued to the voter. (xx) Any other document containing the individual’s name issued by— (I) any branch, department, agency, or entity of the United States Government or of any State; (II) any State or federally recognized tribal government; or (III) any county, municipality, board, authority, or other political subdivision of a State. (C) Copies and electronic documents accepted \nThe term applicable identifying document includes— (i) any copy of a document described in subparagraph (A) or (B); and (ii) any document described in subparagraph (A) or (B) which is presented in electronic format.. (b) Payments to States To cover costs of required identification documents \n(1) In general \nThe Election Assistance Commission shall make payments to States to cover the costs incurred in providing identifications under section 303(c)(5) of the Help America Vote Act of 2002, as amended by this section. (2) Amount of payment \nThe amount of the payment made to a State under this subsection for any year shall be equal to the amount of fees which would have been collected by the State during the year in providing the identifications required under section 303(c)(5) of such Act if the State had charged the usual and customary rates for such identifications, as determined on the basis of information furnished to the Commission by the State at such time and in such form as the Commission may require. (3) Authorization of appropriations \nThere are authorized to be appropriated for payments under this subsection an aggregate amount of $5,000,000 for fiscal year 2024 and each of the 4 succeeding fiscal years. (c) Conforming amendments \nSection 303(b)(2)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(2)(A) ) is amended— (1) in clause (i), by striking in person and all that follows and inserting in person, presents to the appropriate State or local election official an applicable identifying document (as defined in subsection (c)(6)); or ; and (2) in clause (ii), by striking by mail and all that follows and inserting by mail, submits with the ballot an applicable identifying document (as so defined).. (d) Definition \nFor the purposes of this section, the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (e) Effective date \nSection 303(e) of such Act ( 52 U.S.C. 21083(d)(2) ), as redesignated by subsection (a), is amended by adding at the end the following new paragraph: (3) Voter identification requirements \nEach State and jurisdiction shall be required to comply with the requirements of subsection (c) with respect to elections for Federal office held on or after January 1, 2024..", "id": "H420508A472B7450F887D585F0BFF90CA", "header": "Requirements for voter identification", "nested": [ { "text": "(a) Requirement To provide identification as condition of receiving ballot \nSection 303 of the Help America Vote Act of 2002 ( 52 U.S.C. 21083 ) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: (c) Voter identification requirements \n(1) Voter identification requirement defined \nFor purposes of this subsection: (A) In general \nThe term voter identification requirement means any requirement that an individual desiring to vote in person in an election for Federal office present identification as a requirement to receive or cast a ballot in person in such election. (B) Exception \nSuch term does not include any requirement described in subsection (b)(2)(A) as applied with respect to an individual described in subsection (b)(1). (2) In general \nIf a State or local jurisdiction has a voter identification requirement, the State or local jurisdiction— (A) shall treat any applicable identifying document as meeting such voter identification requirement; (B) notwithstanding the failure to present an applicable identifying document, shall treat an individual desiring to vote in person in an election for Federal office as meeting such voter identification requirement if— (i) the individual presents the appropriate State or local election official with a sworn written statement, signed in the presence of the official by an adult who has known the individual for not less than 6 months under penalty of perjury, attesting to the individual’s identity; (ii) the official has known the individual for at least six months; or (iii) in the case of a resident of a State-licensed care facility, an employee of the facility confirms the individual’s identity; and (C) shall permit any individual desiring to vote in an election for Federal office who does not present an applicable identifying document required under subparagraph (A) or qualify for an exception under subparagraph (B) to cast a provisional ballot with respect to the election under section 302(a) in accordance with paragraph (3). (3) Rules for provisional ballot \n(A) In general \nAn individual may cast a provisional ballot pursuant to paragraph (2)(C) so long as the individual presents the appropriate State or local election official with a sworn written statement, signed by the individual under penalty of perjury, attesting to the individual’s identity. (B) Prohibition on other requirements \nExcept as otherwise provided this paragraph, a State or local jurisdiction may not impose any other additional requirement or condition with respect to the casting of a provisional ballot by an individual described in paragraph (2)(C). (C) Counting of provisional ballot \nIn the case of a provisional ballot cast pursuant to paragraph (2)(C), the appropriate State or local election official shall not make a determination under section 302(a)(4) that the individual is eligible under State law to vote in the election unless— (i) the official determines that the signature on such statement matches the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; or (ii) not later than 10 days after casting the provisional ballot, the individual presents an applicable identifying document, either in person or by electronic methods, to the official and the official confirms the individual is the person identified on the applicable identifying document. (D) Notice and opportunity to cure discrepancy in signatures or other defects on provisional ballots \n(i) Notice and opportunity to cure discrepancy in signatures \nIf an individual casts a provisional ballot under this paragraph and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall— (I) as soon as practical, but not later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (aa) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; and (bb) if such discrepancy is not cured prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (II) cure such discrepancy and count the ballot if, prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. (ii) Notice and opportunity to cure other defects \nIf an individual casts a provisional ballot under this paragraph with a defect which, if left uncured, would cause the ballot to not be counted, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall— (I) as soon as practical, but not later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (aa) the ballot has some defect; and (bb) if the individual does not cure the other defect prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (II) count the ballot if, prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, the individual cures the defect. (E) No exemption \nNotwithstanding section 302(a), States described in section 4(b) of the National Voter Registration Act of 1993 shall be required to meet the requirements of paragraph (2)(C). (F) Rule of construction \n(i) In general \nNothing in paragraph (2)(C) or this paragraph shall be construed to prevent a State from permitting an individual who provides a sworn statement described in subparagraph (A) to cast a regular ballot in lieu of a provisional ballot. (ii) Regular ballot \nFor purpose of this subparagraph, the term regular ballot means a ballot which is cast and counted in the same manner as ballots cast by individuals meeting the voter identification requirement (and all other applicable requirements with respect to voting in the election). (4) Development and use of pre-printed version of statement by commission \n(A) In general \nThe Commission shall develop pre-printed versions of the statements described in paragraphs (2)(B)(i) and (3)(A) which include appropriate blank spaces for the provision of names and signatures. (B) Providing pre-printed copy of statement \nEach State and jurisdiction that has a voter identification requirement shall make copies of the pre-printed version of the statement developed under subparagraph (A) available at polling places for use by individuals voting in person. (5) Required provision of identifying documents \n(A) In general \nEach State and jurisdiction that has a voter identification requirement shall— (i) for each individual who, on or after the applicable date, is registered to vote in such State or jurisdiction in elections for Federal office, provide the individual with a government-issued identification that meets the requirements of this subsection without charge; (ii) for each individual who, before the applicable date, was registered to vote in such State or jurisdiction in elections for Federal office but does not otherwise possess an identifying document, provide the individual with a government-issued identification that meets the requirements of this subsection without charge, so long as the State provides the individual with reasonable opportunities to obtain such identification prior to the date of the election; and (iii) for each individual who is provided with an identification under clause (i) or clause (ii), provide the individual with such assistance without charge upon request as may be necessary to enable the individual to obtain and process any documentation necessary to obtain the identification. (B) Applicable date \nFor purposes of this paragraph, the term applicable date means the later of— (i) January 1, 2024, or (ii) the first date after the date of enactment of this subsection for which the State or local jurisdiction has in effect a voter identification requirement. (6) Applicable identifying document \nFor purposes of this subsection— (A) In general \nThe term applicable identifying document means, with respect to any individual, any document issued to such individual containing the individual's name. (B) Included documents \nThe term applicable identifying document shall include any of the following (so long as such document is not expired, as indicated by an expiration date included on the document): (i) A valid driver’s license or an identification card issued by a State, the Federal Government, or a State or federally recognized Tribal government. (ii) A State-issued identification described in paragraph (4). (iii) A valid United States passport or passport card. (iv) A valid employee identification card issued by— (I) any branch, department, agency, or entity of the United States Government or of any State, (II) any State or federally recognized Tribal government, or (III) any county, municipality, board, authority, or other political subdivision of a State. (v) A valid student identification card issued by an institution of higher education, or a valid high school identification card issued by a State-accredited high school. (vi) A valid military identification card issued by the United States. (vii) A valid gun license or concealed carry permit. (viii) A valid Medicare card or Social Security card. (ix) A valid birth certificate. (x) A valid voter registration card. (xi) A valid hunting or fishing license issued by a State. (xii) A valid identification card issued to the individual by the Supplemental Nutrition Assistance (SNAP) program. (xiii) A valid identification card issued to the individual by the Temporary Assistance for Needy Families (TANF) program. (xiv) A valid identification card issued to the individual by Medicaid. (xv) A valid bank card or valid debit card. (xvi) A valid utility bill issued within six months of the date of the election. (xvii) A valid lease or mortgage document issued within six months of the date of the election. (xviii) A valid bank statement issued within six months of the date of the election. (xix) A valid health insurance card issued to the voter. (xx) Any other document containing the individual’s name issued by— (I) any branch, department, agency, or entity of the United States Government or of any State; (II) any State or federally recognized tribal government; or (III) any county, municipality, board, authority, or other political subdivision of a State. (C) Copies and electronic documents accepted \nThe term applicable identifying document includes— (i) any copy of a document described in subparagraph (A) or (B); and (ii) any document described in subparagraph (A) or (B) which is presented in electronic format..", "id": "HDAC72E6610904DD18E7EE8E3D6545C3D", "header": "Requirement To provide identification as condition of receiving ballot", "nested": [], "links": [ { "text": "52 U.S.C. 21083", "legal-doc": "usc", "parsable-cite": "usc/52/21083" } ] }, { "text": "(b) Payments to States To cover costs of required identification documents \n(1) In general \nThe Election Assistance Commission shall make payments to States to cover the costs incurred in providing identifications under section 303(c)(5) of the Help America Vote Act of 2002, as amended by this section. (2) Amount of payment \nThe amount of the payment made to a State under this subsection for any year shall be equal to the amount of fees which would have been collected by the State during the year in providing the identifications required under section 303(c)(5) of such Act if the State had charged the usual and customary rates for such identifications, as determined on the basis of information furnished to the Commission by the State at such time and in such form as the Commission may require. (3) Authorization of appropriations \nThere are authorized to be appropriated for payments under this subsection an aggregate amount of $5,000,000 for fiscal year 2024 and each of the 4 succeeding fiscal years.", "id": "H397650FAC0E84ED0BEF27C687915CC4B", "header": "Payments to States To cover costs of required identification documents", "nested": [], "links": [] }, { "text": "(c) Conforming amendments \nSection 303(b)(2)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(2)(A) ) is amended— (1) in clause (i), by striking in person and all that follows and inserting in person, presents to the appropriate State or local election official an applicable identifying document (as defined in subsection (c)(6)); or ; and (2) in clause (ii), by striking by mail and all that follows and inserting by mail, submits with the ballot an applicable identifying document (as so defined)..", "id": "HE28E5E88273C4B34BC64CF63276F3392", "header": "Conforming amendments", "nested": [], "links": [ { "text": "52 U.S.C. 21083(b)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" } ] }, { "text": "(d) Definition \nFor the purposes of this section, the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.", "id": "HAB6B2AE0E91D4CC39A4528677A6B3527", "header": "Definition", "nested": [], "links": [] }, { "text": "(e) Effective date \nSection 303(e) of such Act ( 52 U.S.C. 21083(d)(2) ), as redesignated by subsection (a), is amended by adding at the end the following new paragraph: (3) Voter identification requirements \nEach State and jurisdiction shall be required to comply with the requirements of subsection (c) with respect to elections for Federal office held on or after January 1, 2024..", "id": "H723867A6F59F42428335A037382D828E", "header": "Effective date", "nested": [], "links": [ { "text": "52 U.S.C. 21083(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" } ] } ], "links": [ { "text": "52 U.S.C. 21083", "legal-doc": "usc", "parsable-cite": "usc/52/21083" }, { "text": "52 U.S.C. 21083(b)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" }, { "text": "52 U.S.C. 21083(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" } ] }, { "text": "1901. Voter caging prohibited \n(a) Definitions \nIn this section— (1) the term voter caging document means— (A) a non-forwardable document sent by any person other than a State or local election official that is returned to the sender or a third party as undelivered or undeliverable despite an attempt to deliver such document to the address of a registered voter or applicant; or (B) any document sent by any person other than a State or local election official with instructions to an addressee that the document be returned to the sender or a third party but is not so returned, despite an attempt to deliver such document to the address of a registered voter or applicant; (2) the term voter caging list means a list of individuals compiled from voter caging documents; and (3) the term unverified match list means any list produced by matching the information of registered voters or applicants for voter registration to a list of individuals who are ineligible to vote in the registrar’s jurisdiction, by virtue of death, conviction, change of address, or otherwise, unless one of the pieces of information matched includes a signature, photograph, or unique identifying number ensuring that the information from each source refers to the same individual. (b) Prohibition against voter caging \nNo State or local election official shall prevent an individual from registering or voting in any election for Federal office, or permit in connection with any election for Federal office a formal challenge under State law to an individual’s registration status or eligibility to vote, if the basis for such decision is evidence consisting of— (1) a voter caging document or voter caging list; (2) an unverified match list; (3) an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material to an individual’s eligibility to vote under section 2004(a)(2)(B) of the Revised Statutes ( 52 U.S.C. 10101(a)(2)(B) ); or (4) any other evidence so designated for purposes of this section by the Election Assistance Commission, except that the election official may use such evidence if it is corroborated by independent evidence of the individual’s ineligibility to register or vote. (c) Enforcement \n(1) Civil enforcement \n(A) In general \nThe Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this section. (B) Private right of action \n(i) In general \nA person who is aggrieved by a violation of this section may provide written notice of the violation to the chief election official of the State involved. (ii) Relief \nExcept as provided in clause (iii), if the violation is not corrected within 90 days after receipt of a notice under clause (i), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (iii) Exception \nIf the violation occurred within 30 days before the date of an election for Federal office, on the date of the election, or after the date of the election but prior to the completion of the canvass, the aggrieved person need not provide notice under clause (i) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. (2) Criminal penalty \nWhoever knowingly challenges the eligibility of one or more individuals to register or vote or knowingly causes the eligibility of such individuals to be challenged in violation of this section with the intent that one or more eligible voters be disqualified, shall be fined under title 18, United States Code, or imprisoned not more than 1 year, or both, for each such violation. Each violation shall be a separate offense. (d) No effect on related laws \nNothing in this section is intended to override the protections of the National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ) or to affect the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ).", "id": "H1CEB2EBB2C474C0098EF40DA8FFE4B8D", "header": "Voter caging prohibited", "nested": [ { "text": "(a) Definitions \nIn this section— (1) the term voter caging document means— (A) a non-forwardable document sent by any person other than a State or local election official that is returned to the sender or a third party as undelivered or undeliverable despite an attempt to deliver such document to the address of a registered voter or applicant; or (B) any document sent by any person other than a State or local election official with instructions to an addressee that the document be returned to the sender or a third party but is not so returned, despite an attempt to deliver such document to the address of a registered voter or applicant; (2) the term voter caging list means a list of individuals compiled from voter caging documents; and (3) the term unverified match list means any list produced by matching the information of registered voters or applicants for voter registration to a list of individuals who are ineligible to vote in the registrar’s jurisdiction, by virtue of death, conviction, change of address, or otherwise, unless one of the pieces of information matched includes a signature, photograph, or unique identifying number ensuring that the information from each source refers to the same individual.", "id": "H08B68CD01CC44B67B69E5E83B94854E9", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Prohibition against voter caging \nNo State or local election official shall prevent an individual from registering or voting in any election for Federal office, or permit in connection with any election for Federal office a formal challenge under State law to an individual’s registration status or eligibility to vote, if the basis for such decision is evidence consisting of— (1) a voter caging document or voter caging list; (2) an unverified match list; (3) an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material to an individual’s eligibility to vote under section 2004(a)(2)(B) of the Revised Statutes ( 52 U.S.C. 10101(a)(2)(B) ); or (4) any other evidence so designated for purposes of this section by the Election Assistance Commission, except that the election official may use such evidence if it is corroborated by independent evidence of the individual’s ineligibility to register or vote.", "id": "H7179982067C04B87B79F8B454BCF9B91", "header": "Prohibition against voter caging", "nested": [], "links": [ { "text": "52 U.S.C. 10101(a)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/10101" } ] }, { "text": "(c) Enforcement \n(1) Civil enforcement \n(A) In general \nThe Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this section. (B) Private right of action \n(i) In general \nA person who is aggrieved by a violation of this section may provide written notice of the violation to the chief election official of the State involved. (ii) Relief \nExcept as provided in clause (iii), if the violation is not corrected within 90 days after receipt of a notice under clause (i), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (iii) Exception \nIf the violation occurred within 30 days before the date of an election for Federal office, on the date of the election, or after the date of the election but prior to the completion of the canvass, the aggrieved person need not provide notice under clause (i) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. (2) Criminal penalty \nWhoever knowingly challenges the eligibility of one or more individuals to register or vote or knowingly causes the eligibility of such individuals to be challenged in violation of this section with the intent that one or more eligible voters be disqualified, shall be fined under title 18, United States Code, or imprisoned not more than 1 year, or both, for each such violation. Each violation shall be a separate offense.", "id": "HB3A50C5F06444843AE9343034CCFBC34", "header": "Enforcement", "nested": [], "links": [] }, { "text": "(d) No effect on related laws \nNothing in this section is intended to override the protections of the National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ) or to affect the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ).", "id": "HEA52A35C8B66418B9DDFE113C955BF28", "header": "No effect on related laws", "nested": [], "links": [ { "text": "52 U.S.C. 20501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20501" }, { "text": "52 U.S.C. 10301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/10301" } ] } ], "links": [ { "text": "52 U.S.C. 10101(a)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/10101" }, { "text": "52 U.S.C. 20501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20501" }, { "text": "52 U.S.C. 10301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/10301" } ] }, { "text": "1911. Conditions for removal of voters from list of registered voters \n(a) Conditions described \nThe National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ) is amended by inserting after section 8 the following new section: 8A. Conditions for removal of voters from official list of registered voters \n(a) Verification on basis of objective and reliable evidence of ineligibility \n(1) Requiring verification \nNotwithstanding any other provision of this Act, a State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections. (2) Factors not considered as objective and reliable evidence of ineligibility \nFor purposes of paragraph (1), except as permitted under section 8(d) after a notice described in paragraph (2) of such section has been sent, the following factors, or any combination thereof, shall not be treated as objective and reliable evidence of a registrant’s ineligibility to vote: (A) The failure of the registrant to vote in any election. (B) The failure of the registrant to respond to any election mail, unless the election mail has been returned as undeliverable. (C) The failure of the registrant to take any other action with respect to voting in any election or with respect to the registrant’s status as a registrant. (3) Removal based on official records \n(A) In general \nNothing in this section shall prohibit a State from removing a registrant from the official list of eligible voters in elections for Federal office if, on the basis of official records maintained by the State, a State or local election official knows, on the basis of objective and reliable evidence, that the registrant has— (i) died; or (ii) permanently moved out of the State and is no longer eligible to vote in the State. (B) Opportunity to demonstrate eligibility \nThe State shall provide a voter removed from the official list of eligible voters in elections for Federal office under this paragraph an opportunity to demonstrate that the registrant is eligible to vote and be reinstated on the official list of eligible voters in elections for Federal office in the State. (b) Notice after removal \n(1) Notice to individual removed \n(A) In general \nNot later than 48 hours after a State removes the name of a registrant from the official list of eligible voters, the State shall send notice of the removal to the former registrant, and shall include in the notice the grounds for the removal and information on how the former registrant may contest the removal or be reinstated, including a telephone number for the appropriate election official. (B) Exceptions \nSubparagraph (A) does not apply in the case of a registrant— (i) who sends written confirmation to the State that the registrant is no longer eligible to vote in the registrar’s jurisdiction in which the registrant was registered; or (ii) who is removed from the official list of eligible voters by reason of the death of the registrant. (2) Public notice \nNot later than 48 hours after conducting any general program to remove the names of ineligible voters from the official list of eligible voters (as described in section 8(a)(4)), the State shall disseminate a public notice through such methods as may be reasonable to reach the general public (including by publishing the notice in a newspaper of wide circulation and posting the notice on the websites of the appropriate election officials) that list maintenance is taking place and that registrants should check their registration status to ensure no errors or mistakes have been made. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind.. (b) Conditions for transmission of notices of removal \nSection 8(d) of such Act ( 52 U.S.C. 20507(d) ) is amended by adding at the end the following new paragraph: (4) A State may not transmit a notice to a registrant under this subsection unless the State obtains objective and reliable evidence (in accordance with the standards for such evidence which are described in section 8A(a)(2)) that the registrant has changed residence to a place outside the registrar’s jurisdiction in which the registrant is registered.. (c) Conforming amendments \n(1) National Voter Registration Act of 1993 \nSection 8(a) of such Act ( 52 U.S.C. 20507(a) ) is amended— (A) in paragraph (3), by striking provide and inserting subject to section 8A, provide ; and (B) in paragraph (4), by striking conduct and inserting subject to section 8A, conduct. (2) Help America Vote Act of 2002 \nSection 303(a)(4)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(a)(4)(A) ) is amended by striking registrants the second place it appears and inserting and subject to section 8A of such Act, registrants. (d) Effective date \nThe amendments made by this section shall take effect on the date of enactment of this Act.", "id": "H753E97F3A3ED460E974497979E83F35D", "header": "Conditions for removal of voters from list of registered voters", "nested": [ { "text": "(a) Conditions described \nThe National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ) is amended by inserting after section 8 the following new section: 8A. Conditions for removal of voters from official list of registered voters \n(a) Verification on basis of objective and reliable evidence of ineligibility \n(1) Requiring verification \nNotwithstanding any other provision of this Act, a State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections. (2) Factors not considered as objective and reliable evidence of ineligibility \nFor purposes of paragraph (1), except as permitted under section 8(d) after a notice described in paragraph (2) of such section has been sent, the following factors, or any combination thereof, shall not be treated as objective and reliable evidence of a registrant’s ineligibility to vote: (A) The failure of the registrant to vote in any election. (B) The failure of the registrant to respond to any election mail, unless the election mail has been returned as undeliverable. (C) The failure of the registrant to take any other action with respect to voting in any election or with respect to the registrant’s status as a registrant. (3) Removal based on official records \n(A) In general \nNothing in this section shall prohibit a State from removing a registrant from the official list of eligible voters in elections for Federal office if, on the basis of official records maintained by the State, a State or local election official knows, on the basis of objective and reliable evidence, that the registrant has— (i) died; or (ii) permanently moved out of the State and is no longer eligible to vote in the State. (B) Opportunity to demonstrate eligibility \nThe State shall provide a voter removed from the official list of eligible voters in elections for Federal office under this paragraph an opportunity to demonstrate that the registrant is eligible to vote and be reinstated on the official list of eligible voters in elections for Federal office in the State. (b) Notice after removal \n(1) Notice to individual removed \n(A) In general \nNot later than 48 hours after a State removes the name of a registrant from the official list of eligible voters, the State shall send notice of the removal to the former registrant, and shall include in the notice the grounds for the removal and information on how the former registrant may contest the removal or be reinstated, including a telephone number for the appropriate election official. (B) Exceptions \nSubparagraph (A) does not apply in the case of a registrant— (i) who sends written confirmation to the State that the registrant is no longer eligible to vote in the registrar’s jurisdiction in which the registrant was registered; or (ii) who is removed from the official list of eligible voters by reason of the death of the registrant. (2) Public notice \nNot later than 48 hours after conducting any general program to remove the names of ineligible voters from the official list of eligible voters (as described in section 8(a)(4)), the State shall disseminate a public notice through such methods as may be reasonable to reach the general public (including by publishing the notice in a newspaper of wide circulation and posting the notice on the websites of the appropriate election officials) that list maintenance is taking place and that registrants should check their registration status to ensure no errors or mistakes have been made. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind..", "id": "HF9BC33DF294C4C2EB81BD5261AC2824F", "header": "Conditions described", "nested": [], "links": [ { "text": "52 U.S.C. 20501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20501" } ] }, { "text": "(b) Conditions for transmission of notices of removal \nSection 8(d) of such Act ( 52 U.S.C. 20507(d) ) is amended by adding at the end the following new paragraph: (4) A State may not transmit a notice to a registrant under this subsection unless the State obtains objective and reliable evidence (in accordance with the standards for such evidence which are described in section 8A(a)(2)) that the registrant has changed residence to a place outside the registrar’s jurisdiction in which the registrant is registered..", "id": "H018B752A5DB744D5BAE04D73EE67F85B", "header": "Conditions for transmission of notices of removal", "nested": [], "links": [ { "text": "52 U.S.C. 20507(d)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" } ] }, { "text": "(c) Conforming amendments \n(1) National Voter Registration Act of 1993 \nSection 8(a) of such Act ( 52 U.S.C. 20507(a) ) is amended— (A) in paragraph (3), by striking provide and inserting subject to section 8A, provide ; and (B) in paragraph (4), by striking conduct and inserting subject to section 8A, conduct. (2) Help America Vote Act of 2002 \nSection 303(a)(4)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(a)(4)(A) ) is amended by striking registrants the second place it appears and inserting and subject to section 8A of such Act, registrants.", "id": "HB33F80FE1B0F429BB2B691881B6B32F4", "header": "Conforming amendments", "nested": [], "links": [ { "text": "52 U.S.C. 20507(a)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" }, { "text": "52 U.S.C. 21083(a)(4)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall take effect on the date of enactment of this Act.", "id": "HA971713BA62145CA8333B9EE1320CC16", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 20501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20501" }, { "text": "52 U.S.C. 20507(d)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" }, { "text": "52 U.S.C. 20507(a)", "legal-doc": "usc", "parsable-cite": "usc/52/20507" }, { "text": "52 U.S.C. 21083(a)(4)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/21083" } ] }, { "text": "8A. Conditions for removal of voters from official list of registered voters \n(a) Verification on basis of objective and reliable evidence of ineligibility \n(1) Requiring verification \nNotwithstanding any other provision of this Act, a State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections. (2) Factors not considered as objective and reliable evidence of ineligibility \nFor purposes of paragraph (1), except as permitted under section 8(d) after a notice described in paragraph (2) of such section has been sent, the following factors, or any combination thereof, shall not be treated as objective and reliable evidence of a registrant’s ineligibility to vote: (A) The failure of the registrant to vote in any election. (B) The failure of the registrant to respond to any election mail, unless the election mail has been returned as undeliverable. (C) The failure of the registrant to take any other action with respect to voting in any election or with respect to the registrant’s status as a registrant. (3) Removal based on official records \n(A) In general \nNothing in this section shall prohibit a State from removing a registrant from the official list of eligible voters in elections for Federal office if, on the basis of official records maintained by the State, a State or local election official knows, on the basis of objective and reliable evidence, that the registrant has— (i) died; or (ii) permanently moved out of the State and is no longer eligible to vote in the State. (B) Opportunity to demonstrate eligibility \nThe State shall provide a voter removed from the official list of eligible voters in elections for Federal office under this paragraph an opportunity to demonstrate that the registrant is eligible to vote and be reinstated on the official list of eligible voters in elections for Federal office in the State. (b) Notice after removal \n(1) Notice to individual removed \n(A) In general \nNot later than 48 hours after a State removes the name of a registrant from the official list of eligible voters, the State shall send notice of the removal to the former registrant, and shall include in the notice the grounds for the removal and information on how the former registrant may contest the removal or be reinstated, including a telephone number for the appropriate election official. (B) Exceptions \nSubparagraph (A) does not apply in the case of a registrant— (i) who sends written confirmation to the State that the registrant is no longer eligible to vote in the registrar’s jurisdiction in which the registrant was registered; or (ii) who is removed from the official list of eligible voters by reason of the death of the registrant. (2) Public notice \nNot later than 48 hours after conducting any general program to remove the names of ineligible voters from the official list of eligible voters (as described in section 8(a)(4)), the State shall disseminate a public notice through such methods as may be reasonable to reach the general public (including by publishing the notice in a newspaper of wide circulation and posting the notice on the websites of the appropriate election officials) that list maintenance is taking place and that registrants should check their registration status to ensure no errors or mistakes have been made. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind.", "id": "HE71FBAF2CB36449CB67B265D9D61D549", "header": "Conditions for removal of voters from official list of registered voters", "nested": [ { "text": "(a) Verification on basis of objective and reliable evidence of ineligibility \n(1) Requiring verification \nNotwithstanding any other provision of this Act, a State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections. (2) Factors not considered as objective and reliable evidence of ineligibility \nFor purposes of paragraph (1), except as permitted under section 8(d) after a notice described in paragraph (2) of such section has been sent, the following factors, or any combination thereof, shall not be treated as objective and reliable evidence of a registrant’s ineligibility to vote: (A) The failure of the registrant to vote in any election. (B) The failure of the registrant to respond to any election mail, unless the election mail has been returned as undeliverable. (C) The failure of the registrant to take any other action with respect to voting in any election or with respect to the registrant’s status as a registrant. (3) Removal based on official records \n(A) In general \nNothing in this section shall prohibit a State from removing a registrant from the official list of eligible voters in elections for Federal office if, on the basis of official records maintained by the State, a State or local election official knows, on the basis of objective and reliable evidence, that the registrant has— (i) died; or (ii) permanently moved out of the State and is no longer eligible to vote in the State. (B) Opportunity to demonstrate eligibility \nThe State shall provide a voter removed from the official list of eligible voters in elections for Federal office under this paragraph an opportunity to demonstrate that the registrant is eligible to vote and be reinstated on the official list of eligible voters in elections for Federal office in the State.", "id": "H642F2695744E40F9844A55B0333D2863", "header": "Verification on basis of objective and reliable evidence of ineligibility", "nested": [], "links": [] }, { "text": "(b) Notice after removal \n(1) Notice to individual removed \n(A) In general \nNot later than 48 hours after a State removes the name of a registrant from the official list of eligible voters, the State shall send notice of the removal to the former registrant, and shall include in the notice the grounds for the removal and information on how the former registrant may contest the removal or be reinstated, including a telephone number for the appropriate election official. (B) Exceptions \nSubparagraph (A) does not apply in the case of a registrant— (i) who sends written confirmation to the State that the registrant is no longer eligible to vote in the registrar’s jurisdiction in which the registrant was registered; or (ii) who is removed from the official list of eligible voters by reason of the death of the registrant. (2) Public notice \nNot later than 48 hours after conducting any general program to remove the names of ineligible voters from the official list of eligible voters (as described in section 8(a)(4)), the State shall disseminate a public notice through such methods as may be reasonable to reach the general public (including by publishing the notice in a newspaper of wide circulation and posting the notice on the websites of the appropriate election officials) that list maintenance is taking place and that registrants should check their registration status to ensure no errors or mistakes have been made. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind.", "id": "HEA05EF25D9674069B88772908AF16207", "header": "Notice after removal", "nested": [], "links": [] } ], "links": [] }, { "text": "1921. Severability \nIf any provision of this title or any amendment made by this title, or the application of any such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title, and the application of such provision or amendment to any other person or circumstance, shall not be affected by the holding.", "id": "H705D135017E944A2A900BCCDD5D05A5A", "header": "Severability", "nested": [], "links": [] }, { "text": "2001. Prohibiting hindering, interfering with, or preventing voter registration \n(a) In general \nChapter 29 of title 18, United States Code, is amended by adding at the end the following new section: 612. Hindering, interfering with, or preventing registering to vote \n(a) Prohibition \nIt shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from registering to vote or to corruptly hinder, interfere with, or prevent another person from aiding another person in registering to vote. (b) Attempt \nAny person who attempts to commit any offense described in subsection (a) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. (c) Penalty \nAny person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.. (b) Clerical amendment \nThe table of sections for chapter 29 of title 18, United States Code, is amended by adding at the end the following new item: 612. Hindering, interfering with, or preventing registering to vote.. (c) Effective Date \nThe amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), on the basis of any act occurring prior to the date of the enactment of this Act.", "id": "H009F509B06454B4592BE42D2AE062944", "header": "Prohibiting hindering, interfering with, or preventing voter registration", "nested": [ { "text": "(a) In general \nChapter 29 of title 18, United States Code, is amended by adding at the end the following new section: 612. Hindering, interfering with, or preventing registering to vote \n(a) Prohibition \nIt shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from registering to vote or to corruptly hinder, interfere with, or prevent another person from aiding another person in registering to vote. (b) Attempt \nAny person who attempts to commit any offense described in subsection (a) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. (c) Penalty \nAny person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both..", "id": "HC21E9C7051C34794865D1A464CF9B2C7", "header": "In general", "nested": [], "links": [ { "text": "Chapter 29", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/29" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for chapter 29 of title 18, United States Code, is amended by adding at the end the following new item: 612. Hindering, interfering with, or preventing registering to vote..", "id": "H04A12A51AD6E42D2848B7F7CA44DE813", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 29", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/29" } ] }, { "text": "(c) Effective Date \nThe amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), on the basis of any act occurring prior to the date of the enactment of this Act.", "id": "H78250974B8F3445ABAF70E9E4B46956A", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 29", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/29" }, { "text": "chapter 29", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/29" } ] }, { "text": "612. Hindering, interfering with, or preventing registering to vote \n(a) Prohibition \nIt shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from registering to vote or to corruptly hinder, interfere with, or prevent another person from aiding another person in registering to vote. (b) Attempt \nAny person who attempts to commit any offense described in subsection (a) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. (c) Penalty \nAny person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.", "id": "H863425EEDEA3416CB778C0A5F14BF135", "header": "Hindering, interfering with, or preventing registering to vote", "nested": [ { "text": "(a) Prohibition \nIt shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from registering to vote or to corruptly hinder, interfere with, or prevent another person from aiding another person in registering to vote.", "id": "HF1965DB1919F411BBB2F7DCB00A6F173", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Attempt \nAny person who attempts to commit any offense described in subsection (a) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit.", "id": "H4F5B9EA76FD6412D9DEA4A14BDFF597E", "header": "Attempt", "nested": [], "links": [] }, { "text": "(c) Penalty \nAny person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.", "id": "H1C0B844395424480B4DC525226DF3526", "header": "Penalty", "nested": [], "links": [] } ], "links": [] }, { "text": "2002. Establishment of best practices \n(a) Best practices \nNot later than 180 days after the date of the enactment of this Act, the Attorney General shall develop and publish recommendations for best practices for States to use to deter and prevent violations of section 612 of title 18, United States Code (as added by section 2001), and section 12 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511 ) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including practices to provide for the posting of relevant information at polling places and voter registration agencies under such Act, the training of poll workers and election officials, and relevant educational materials. For purposes of this subsection, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (b) Inclusion in voter information requirements \nSection 302(b)(2) of the Help America Vote Act of 2002 ( 52 U.S.C. 21082(b)(2) ) is amended— (1) by striking and at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ; and ; and (3) by adding at the end the following new subparagraph: (G) information relating to the prohibitions of section 612 of title 18, United States Code, and section 12 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511 ) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including information on how individuals may report allegations of violations of such prohibitions..", "id": "H48839CDCC3B548A99013E9FAB413FC3B", "header": "Establishment of best practices", "nested": [ { "text": "(a) Best practices \nNot later than 180 days after the date of the enactment of this Act, the Attorney General shall develop and publish recommendations for best practices for States to use to deter and prevent violations of section 612 of title 18, United States Code (as added by section 2001), and section 12 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511 ) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including practices to provide for the posting of relevant information at polling places and voter registration agencies under such Act, the training of poll workers and election officials, and relevant educational materials. For purposes of this subsection, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.", "id": "H5032C5FD359A4B9A947370CCD99F87C1", "header": "Best practices", "nested": [], "links": [ { "text": "52 U.S.C. 20511", "legal-doc": "usc", "parsable-cite": "usc/52/20511" } ] }, { "text": "(b) Inclusion in voter information requirements \nSection 302(b)(2) of the Help America Vote Act of 2002 ( 52 U.S.C. 21082(b)(2) ) is amended— (1) by striking and at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ; and ; and (3) by adding at the end the following new subparagraph: (G) information relating to the prohibitions of section 612 of title 18, United States Code, and section 12 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511 ) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including information on how individuals may report allegations of violations of such prohibitions..", "id": "HF60B1A76C40F411083C9A733E4720638", "header": "Inclusion in voter information requirements", "nested": [], "links": [ { "text": "52 U.S.C. 21082(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/21082" }, { "text": "52 U.S.C. 20511", "legal-doc": "usc", "parsable-cite": "usc/52/20511" } ] } ], "links": [ { "text": "52 U.S.C. 20511", "legal-doc": "usc", "parsable-cite": "usc/52/20511" }, { "text": "52 U.S.C. 21082(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/21082" }, { "text": "52 U.S.C. 20511", "legal-doc": "usc", "parsable-cite": "usc/52/20511" } ] }, { "text": "3001. Restrictions on removal of local election administrators in administration of elections for Federal office \n(a) Findings \nCongress makes the following findings: (1) Congress has explicit and broad authority to regulate the time, place, and manner of Federal elections under the Elections Clause under article I, section 4, clause 1 of the Constitution, including by establishing standards for the fair, impartial, and uniform administration of Federal elections by State and local officials. (2) The Elections Clause was understood from the framing of the Constitution to contain words of great latitude , granting Congress broad power over Federal elections and a plenary right to preempt State regulation in this area. As made clear at the Constitutional Convention and the State ratification debates that followed, this grant of congressional authority was meant to insure free and fair elections , promote the uniform administration of Federal elections, and preserve and restore to the people their equal and sacred rights of election. (3) In the founding debates on the Elections Clause, many delegates also argued that a broad grant of authority to Congress over Federal elections was necessary to check any abuses that might be made of the discretionary power to regulate the time, place, and manner of elections granted the States, including attempts at partisan entrenchment, malapportionment, and the exclusion of political minorities. As the Supreme Court has recognized, the Elections Clause empowers Congress to protect the elections on which its existence depends , Ex parte Yarbrough, 110 U.S. 651, 658 (1884), and protect the citizen in the exercise of rights conferred by the Constitution of the United States essential to the healthy organization of the government itself , id. at 666. (4) The Elections Clause grants Congress plenary and paramount jurisdiction over the whole subject of Federal elections, Ex parte Siebold, 100 U.S. 371, 388 (1879), allowing Congress to implement a complete code for congressional elections. Smiley v. Holm, 285 U.S. 355, 366 (1932). The Elections Clause, unlike, for example, the Commerce Clause, has been found to grant Congress the authority to compel States to alter their regulations as to Federal elections, id. at 366–67, even if these alterations would impose additional costs on the States to execute or enforce. Association of Community Organizations for Reform Now v. Miller, 129 F.3d 833 (6th Cir. 1997). (5) The phrase manner of holding elections in the Elections Clause has been interpreted by the Supreme Court to authorize Congress to regulate all aspects of the Federal election process, including notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and the making and publication of election returns. Smiley v. Holm, 285 U.S. 355, 366 (1932). (6) The Supreme Court has recognized the broad substantive scope of the Elections Clause and upheld Federal laws promulgated thereunder regulating redistricting, voter registration, campaign finance, primary elections, recounts, party affiliation rules, and balloting. (7) The authority of Congress under the Elections Clause also entails the power to ensure enforcement of its laws regulating Federal elections. [I]f Congress has the power to make regulations, it must have the power to enforce them.. Ex parte Siebold, 100 U.S. 371, 387 (1879). The Supreme Court has noted that there can be no question that Congress may impose additional penalties for offenses committed by State officers in connection with Federal elections even if they differ from the penalties prescribed by State law for the same acts. Id. at 387–88. (8) The fair and impartial administration of Federal elections by State and local officials is central to the successful working of this government , Ex parte Yarbrough, 110 U.S. 651, 666 (1884), and to protect the act of voting... and the election itself from corruption or fraud , id. at 661–62. (9) The Elections Clause thus grants Congress the authority to ensure that the administration of Federal elections is free of political bias or discrimination and that election officials are insulated from political influence or other forms of coercion in discharging their duties in connection with Federal elections. (10) In some States, oversight of local election administrators has been allocated to State Election Boards, or special commissions formed by those boards, that are appointed by the prevailing political party in a State, as opposed to nonpartisan or elected office holders. (11) In certain newly enacted State policies, these appointed statewide election administrators have been granted wide latitude to suspend or remove local election administrators in cases where the statewide election administrators identify whatever the State deems to be a violation. There is no requirement that there be a finding of intent by the local election administrator to commit the violation. (12) Local election administrators across the country can be suspended or removed according to different standards, potentially exposing them to different political pressures or biases that could result in uneven administration of Federal elections. (13) The Elections Clause grants Congress the ultimate authority to ensure that oversight of State and local election administrators is fair and impartial in order to ensure equitable and uniform administration of Federal elections. (b) Restriction \n(1) Standard for removal of a local election administrator \nA statewide election administrator may only suspend, remove, or relieve the duties of a local election administrator in the State with respect to the administration of an election for Federal office for inefficiency, neglect of duty, or malfeasance in office. (2) Private right of action \n(A) In general \nAny local election administrator suspended, removed, or otherwise relieved of duties in violation of paragraph (1) with respect to the administration of an election for Federal office or against whom any proceeding for suspension, removal, or relief from duty in violation of paragraph (1) with respect to the administration of an election for Federal office may be pending, may bring an action in an appropriate district court of the United States for declaratory or injunctive relief with respect to the violation. Any such action shall name as the defendant the statewide election administrator responsible for the adverse action. The district court shall, to the extent practicable, expedite any such proceeding. (B) Statute of limitations \nAny action brought under this subsection must be commenced not later than one year after the date of the suspension, removal, relief from duties, or commencement of the proceeding to remove, suspend, or relieve the duties of a local election administrator with respect to the administration of an election for Federal office. (3) Attorney’s fees \nIn any action or proceeding under this subsection, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney’s fees as part of the costs, and may include expert fees as part of the attorney’s fee. The term prevailing plaintiff means a plaintiff that substantially prevails pursuant to a judicial or administrative judgment or order, or an enforceable written agreement. (4) Removal of State proceedings to Federal court \nA local election administrator who is subject to an administrative or judicial proceeding for suspension, removal, or relief from duty by a statewide election administrator with respect to the administration of an election for Federal office may remove the proceeding to an appropriate district court of the United States. Any order remanding a case to the State court or agency from which it was removed under this subsection shall be reviewable by appeal or otherwise. (5) Right of United States to intervene \n(A) Notice to Attorney General \nWhenever any administrative or judicial proceeding is brought to suspend, remove, or relieve the duties of any local election administrator by a statewide election administrator with respect to the administration of an election for Federal office, the statewide election administrator who initiated such proceeding shall deliver a copy of the pleadings instituting the proceeding to the Assistant Attorney General for the Civil Rights Division of the Department of Justice. The local election administrator against whom such proceeding is brought may also deliver such pleadings to the Assistant Attorney General. (B) Right to intervene \nThe United States may intervene in any administrative or judicial proceeding brought to suspend, remove, or relieve the duties of any local election administrator by a statewide election administrator with respect to the administration of an election for Federal office and in any action initiated pursuant to paragraph (2) or in any removal pursuant to paragraph (4). (6) Review \nIn reviewing any action brought under this section, a court of the United States shall not afford any deference to any State official, administrator, or tribunal that initiated, approved, adjudicated, or reviewed any administrative or judicial proceeding to suspend, remove, or otherwise relieve the duties of a local election administrator. (c) Reports to the Department of Justice \n(1) In general \nNot later than 30 days after the suspension, removal, or relief of the duties of a local election administrator by a statewide election administrator, the statewide election administrator shall submit to the Assistant Attorney General for the Civil Rights Divisions of the Department of Justice a report that includes the following information: (A) A statement that a local election administrator was suspended, removed, or relieved of their duties. (B) Information on whether the local election administrator was determined to be inefficient or to have engaged in neglect of duty or malfeasance in office. (C) A description of the effect that the suspension, removal, or relief of the duties of the local election administrator will have on— (i) the administration of elections and voters in the election jurisdictions for which the local election official provided such duties; and (ii) the administration of elections and voters in the State at large. (D) Demographic information about the local election official suspended, removed, or relieved and the jurisdictions for which such election official was providing the duties suspended, removed, or relieved. (E) Such other information as requested by the Assistant Attorney General for the purposes of determining— (i) whether such suspension, removal, or relief of duties was based on unlawful discrimination; and (ii) whether such suspension, removal, or relief of duties was due to inefficiency, neglect of duty, or malfeasance in office. (2) Expedited reporting for actions within 30 days of an election \n(A) In general \nIf a suspension, removal, or relief of duties of a local administrator described in paragraph (1) occurs during the period described in subparagraph (B), the report required under paragraph (1) shall be submitted not later than 48 hours after such suspension, removal, or relief of duties. (B) Period described \nThe period described in this subparagraph is any period which begins 60 days before the date of an election for Federal office and which ends 60 days after such election. (d) Definitions \nIn this section, the following definitions apply: (1) Election \nThe term election has the meaning given the term in section 301(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(1) ). (2) Federal office \nThe term Federal office has the meaning given the term in section 301(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(3) ). (3) Local election administrator \nThe term local election administrator means, with respect to a local jurisdiction in a State, the individual or entity responsible for the administration of elections for Federal office in the local jurisdiction. (4) Statewide election administrator \nThe term statewide election administrator means, with respect to a State— (A) the individual or entity, including a State elections board, responsible for the administration of elections for Federal office in the State on a statewide basis; or (B) a statewide legislative or executive entity with the authority to suspend, remove, or relieve a local election administrator. (e) Rule of construction \nNothing in this section shall be construed to grant any additional authority to remove a local elections administrator beyond any authority provided under the law of the State.", "id": "H71E9A48A60EA49C9928AF03FAEEF66C8", "header": "Restrictions on removal of local election administrators in administration of elections for Federal office", "nested": [ { "text": "(a) Findings \nCongress makes the following findings: (1) Congress has explicit and broad authority to regulate the time, place, and manner of Federal elections under the Elections Clause under article I, section 4, clause 1 of the Constitution, including by establishing standards for the fair, impartial, and uniform administration of Federal elections by State and local officials. (2) The Elections Clause was understood from the framing of the Constitution to contain words of great latitude , granting Congress broad power over Federal elections and a plenary right to preempt State regulation in this area. As made clear at the Constitutional Convention and the State ratification debates that followed, this grant of congressional authority was meant to insure free and fair elections , promote the uniform administration of Federal elections, and preserve and restore to the people their equal and sacred rights of election. (3) In the founding debates on the Elections Clause, many delegates also argued that a broad grant of authority to Congress over Federal elections was necessary to check any abuses that might be made of the discretionary power to regulate the time, place, and manner of elections granted the States, including attempts at partisan entrenchment, malapportionment, and the exclusion of political minorities. As the Supreme Court has recognized, the Elections Clause empowers Congress to protect the elections on which its existence depends , Ex parte Yarbrough, 110 U.S. 651, 658 (1884), and protect the citizen in the exercise of rights conferred by the Constitution of the United States essential to the healthy organization of the government itself , id. at 666. (4) The Elections Clause grants Congress plenary and paramount jurisdiction over the whole subject of Federal elections, Ex parte Siebold, 100 U.S. 371, 388 (1879), allowing Congress to implement a complete code for congressional elections. Smiley v. Holm, 285 U.S. 355, 366 (1932). The Elections Clause, unlike, for example, the Commerce Clause, has been found to grant Congress the authority to compel States to alter their regulations as to Federal elections, id. at 366–67, even if these alterations would impose additional costs on the States to execute or enforce. Association of Community Organizations for Reform Now v. Miller, 129 F.3d 833 (6th Cir. 1997). (5) The phrase manner of holding elections in the Elections Clause has been interpreted by the Supreme Court to authorize Congress to regulate all aspects of the Federal election process, including notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and the making and publication of election returns. Smiley v. Holm, 285 U.S. 355, 366 (1932). (6) The Supreme Court has recognized the broad substantive scope of the Elections Clause and upheld Federal laws promulgated thereunder regulating redistricting, voter registration, campaign finance, primary elections, recounts, party affiliation rules, and balloting. (7) The authority of Congress under the Elections Clause also entails the power to ensure enforcement of its laws regulating Federal elections. [I]f Congress has the power to make regulations, it must have the power to enforce them.. Ex parte Siebold, 100 U.S. 371, 387 (1879). The Supreme Court has noted that there can be no question that Congress may impose additional penalties for offenses committed by State officers in connection with Federal elections even if they differ from the penalties prescribed by State law for the same acts. Id. at 387–88. (8) The fair and impartial administration of Federal elections by State and local officials is central to the successful working of this government , Ex parte Yarbrough, 110 U.S. 651, 666 (1884), and to protect the act of voting... and the election itself from corruption or fraud , id. at 661–62. (9) The Elections Clause thus grants Congress the authority to ensure that the administration of Federal elections is free of political bias or discrimination and that election officials are insulated from political influence or other forms of coercion in discharging their duties in connection with Federal elections. (10) In some States, oversight of local election administrators has been allocated to State Election Boards, or special commissions formed by those boards, that are appointed by the prevailing political party in a State, as opposed to nonpartisan or elected office holders. (11) In certain newly enacted State policies, these appointed statewide election administrators have been granted wide latitude to suspend or remove local election administrators in cases where the statewide election administrators identify whatever the State deems to be a violation. There is no requirement that there be a finding of intent by the local election administrator to commit the violation. (12) Local election administrators across the country can be suspended or removed according to different standards, potentially exposing them to different political pressures or biases that could result in uneven administration of Federal elections. (13) The Elections Clause grants Congress the ultimate authority to ensure that oversight of State and local election administrators is fair and impartial in order to ensure equitable and uniform administration of Federal elections.", "id": "H8C2D1768E4E64CC4BDD392638B737A54", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Restriction \n(1) Standard for removal of a local election administrator \nA statewide election administrator may only suspend, remove, or relieve the duties of a local election administrator in the State with respect to the administration of an election for Federal office for inefficiency, neglect of duty, or malfeasance in office. (2) Private right of action \n(A) In general \nAny local election administrator suspended, removed, or otherwise relieved of duties in violation of paragraph (1) with respect to the administration of an election for Federal office or against whom any proceeding for suspension, removal, or relief from duty in violation of paragraph (1) with respect to the administration of an election for Federal office may be pending, may bring an action in an appropriate district court of the United States for declaratory or injunctive relief with respect to the violation. Any such action shall name as the defendant the statewide election administrator responsible for the adverse action. The district court shall, to the extent practicable, expedite any such proceeding. (B) Statute of limitations \nAny action brought under this subsection must be commenced not later than one year after the date of the suspension, removal, relief from duties, or commencement of the proceeding to remove, suspend, or relieve the duties of a local election administrator with respect to the administration of an election for Federal office. (3) Attorney’s fees \nIn any action or proceeding under this subsection, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney’s fees as part of the costs, and may include expert fees as part of the attorney’s fee. The term prevailing plaintiff means a plaintiff that substantially prevails pursuant to a judicial or administrative judgment or order, or an enforceable written agreement. (4) Removal of State proceedings to Federal court \nA local election administrator who is subject to an administrative or judicial proceeding for suspension, removal, or relief from duty by a statewide election administrator with respect to the administration of an election for Federal office may remove the proceeding to an appropriate district court of the United States. Any order remanding a case to the State court or agency from which it was removed under this subsection shall be reviewable by appeal or otherwise. (5) Right of United States to intervene \n(A) Notice to Attorney General \nWhenever any administrative or judicial proceeding is brought to suspend, remove, or relieve the duties of any local election administrator by a statewide election administrator with respect to the administration of an election for Federal office, the statewide election administrator who initiated such proceeding shall deliver a copy of the pleadings instituting the proceeding to the Assistant Attorney General for the Civil Rights Division of the Department of Justice. The local election administrator against whom such proceeding is brought may also deliver such pleadings to the Assistant Attorney General. (B) Right to intervene \nThe United States may intervene in any administrative or judicial proceeding brought to suspend, remove, or relieve the duties of any local election administrator by a statewide election administrator with respect to the administration of an election for Federal office and in any action initiated pursuant to paragraph (2) or in any removal pursuant to paragraph (4). (6) Review \nIn reviewing any action brought under this section, a court of the United States shall not afford any deference to any State official, administrator, or tribunal that initiated, approved, adjudicated, or reviewed any administrative or judicial proceeding to suspend, remove, or otherwise relieve the duties of a local election administrator.", "id": "H79AD236E1C0144D487ADE3AF6559C4E0", "header": "Restriction", "nested": [], "links": [] }, { "text": "(c) Reports to the Department of Justice \n(1) In general \nNot later than 30 days after the suspension, removal, or relief of the duties of a local election administrator by a statewide election administrator, the statewide election administrator shall submit to the Assistant Attorney General for the Civil Rights Divisions of the Department of Justice a report that includes the following information: (A) A statement that a local election administrator was suspended, removed, or relieved of their duties. (B) Information on whether the local election administrator was determined to be inefficient or to have engaged in neglect of duty or malfeasance in office. (C) A description of the effect that the suspension, removal, or relief of the duties of the local election administrator will have on— (i) the administration of elections and voters in the election jurisdictions for which the local election official provided such duties; and (ii) the administration of elections and voters in the State at large. (D) Demographic information about the local election official suspended, removed, or relieved and the jurisdictions for which such election official was providing the duties suspended, removed, or relieved. (E) Such other information as requested by the Assistant Attorney General for the purposes of determining— (i) whether such suspension, removal, or relief of duties was based on unlawful discrimination; and (ii) whether such suspension, removal, or relief of duties was due to inefficiency, neglect of duty, or malfeasance in office. (2) Expedited reporting for actions within 30 days of an election \n(A) In general \nIf a suspension, removal, or relief of duties of a local administrator described in paragraph (1) occurs during the period described in subparagraph (B), the report required under paragraph (1) shall be submitted not later than 48 hours after such suspension, removal, or relief of duties. (B) Period described \nThe period described in this subparagraph is any period which begins 60 days before the date of an election for Federal office and which ends 60 days after such election.", "id": "HF1E8C441EB44490BAD8674E123878B9B", "header": "Reports to the Department of Justice", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section, the following definitions apply: (1) Election \nThe term election has the meaning given the term in section 301(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(1) ). (2) Federal office \nThe term Federal office has the meaning given the term in section 301(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(3) ). (3) Local election administrator \nThe term local election administrator means, with respect to a local jurisdiction in a State, the individual or entity responsible for the administration of elections for Federal office in the local jurisdiction. (4) Statewide election administrator \nThe term statewide election administrator means, with respect to a State— (A) the individual or entity, including a State elections board, responsible for the administration of elections for Federal office in the State on a statewide basis; or (B) a statewide legislative or executive entity with the authority to suspend, remove, or relieve a local election administrator.", "id": "HBC27C14555834C14B36C508E8DAAB459", "header": "Definitions", "nested": [], "links": [ { "text": "52 U.S.C. 30101(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30101(3)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(e) Rule of construction \nNothing in this section shall be construed to grant any additional authority to remove a local elections administrator beyond any authority provided under the law of the State.", "id": "HEA915B6D5A3D452BA7A8B947E59C75C1", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30101(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30101(3)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "3101. Harassment of election workers prohibited \n(a) In general \nSection 594 of title 18, United 6 States Code, is amended— (1) by striking Whoever intimidates and inserting the following: (a) In general \nWhoever intimidates ; and (2) by adding at the end the following new subsection: (b) Intimidation of election workers \n(1) In general \nWhoever intimidates, threatens, coerces, or attempts to intimidate, threaten, coerce, any election worker with intent to impede, intimidate, or interfere with such election worker while engaged in the performance of official duties, or with intent to retaliate against such election worker on account of the performance of official duties shall be fined under this title or imprisoned not more than one year, or both (2) Election worker \nFor purposes of paragraph (1), the term election worker means any individual who is an election official, poll worker, or an election volunteer in connection with an election for a Federal office.. (b) Conforming amendments \n(1) The heading of section 594 of title 18, United States Code, is amended by inserting and election workers after voters. (2) The item relating to section 594 in the table of sections for chapter 29 of title 18, United States Code, is amended by inserting and election workers after voters.", "id": "H54060DB0CDB04960B9ADD2709D286BF1", "header": "Harassment of election workers prohibited", "nested": [ { "text": "(a) In general \nSection 594 of title 18, United 6 States Code, is amended— (1) by striking Whoever intimidates and inserting the following: (a) In general \nWhoever intimidates ; and (2) by adding at the end the following new subsection: (b) Intimidation of election workers \n(1) In general \nWhoever intimidates, threatens, coerces, or attempts to intimidate, threaten, coerce, any election worker with intent to impede, intimidate, or interfere with such election worker while engaged in the performance of official duties, or with intent to retaliate against such election worker on account of the performance of official duties shall be fined under this title or imprisoned not more than one year, or both (2) Election worker \nFor purposes of paragraph (1), the term election worker means any individual who is an election official, poll worker, or an election volunteer in connection with an election for a Federal office..", "id": "HDF252E1158584AAAAE8C16EC03CCDAE8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Conforming amendments \n(1) The heading of section 594 of title 18, United States Code, is amended by inserting and election workers after voters. (2) The item relating to section 594 in the table of sections for chapter 29 of title 18, United States Code, is amended by inserting and election workers after voters.", "id": "id07960442c6a04607b882e3af44c5e51d", "header": "Conforming amendments", "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": "3102. Protection of election workers \n(a) In general \nSection 594(b) of title 18, United States Code, as amended by section 3101, is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: (2) Prohibition on publication of personal information \nWhoever knowingly makes restricted personal information about an election worker, or a member of the immediate family of that election worker, publicly available in connection with such election worker’s official duties— (A) with the intent to threaten, intimidate, or incite the commission of a crime of violence against that election worker, or a member of the immediate family of that election worker; or (B) with the intent and knowledge that the restricted personal information will be used to threaten, intimidate, or facilitate the commission of a crime of violence against that election worker, or a member of the immediate family of that election worker, shall be fined under this title, imprisoned not more than 1 year, or both.. (b) Definitions \nParagraph (3) of section 594(b) of title 18, United States Code, as amended by section 3101 and redesignated by subsection (a), is amended— (1) by striking all that precedes term and inserting the following: (3) Definitions \nFor purposes of this subsection— (A) Election worker \nThe ; and (2) by adding at the end the following: (B) Other terms \nThe terms restricted personal information , crime of violence , and immediate family have the respective meanings given such terms under section 119..", "id": "HEA9688AFC101486EAFD7064D693317FA", "header": "Protection of election workers", "nested": [ { "text": "(a) In general \nSection 594(b) of title 18, United States Code, as amended by section 3101, is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: (2) Prohibition on publication of personal information \nWhoever knowingly makes restricted personal information about an election worker, or a member of the immediate family of that election worker, publicly available in connection with such election worker’s official duties— (A) with the intent to threaten, intimidate, or incite the commission of a crime of violence against that election worker, or a member of the immediate family of that election worker; or (B) with the intent and knowledge that the restricted personal information will be used to threaten, intimidate, or facilitate the commission of a crime of violence against that election worker, or a member of the immediate family of that election worker, shall be fined under this title, imprisoned not more than 1 year, or both..", "id": "idd95b69958ddb4d55940ed7bb6c043a1c", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nParagraph (3) of section 594(b) of title 18, United States Code, as amended by section 3101 and redesignated by subsection (a), is amended— (1) by striking all that precedes term and inserting the following: (3) Definitions \nFor purposes of this subsection— (A) Election worker \nThe ; and (2) by adding at the end the following: (B) Other terms \nThe terms restricted personal information , crime of violence , and immediate family have the respective meanings given such terms under section 119..", "id": "id1f6e9d15b678435f9ea48fd30e3ebeea", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "3201. Short title \nThis subtitle may be cited as the Deceptive Practices and Voter Intimidation Prevention Act of 2023.", "id": "H740608D0631A450FAC80D9F74BF80727", "header": "Short title", "nested": [], "links": [] }, { "text": "3202. Prohibition on deceptive practices in Federal elections \n(a) Prohibition \nSubsection (b) of section 2004 of the Revised Statutes ( 52 U.S.C. 10101(b) ) is amended— (1) by striking No person and inserting the following: (1) In general \nNo person ; and (2) by inserting at the end the following new paragraphs: (2) False statements regarding Federal elections \n(A) Prohibition \nNo person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person— (i) knows such information to be materially false; and (ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). (B) Information described \nInformation is described in this subparagraph if such information is regarding— (i) the time, place, or manner of holding any election described in paragraph (5); or (ii) the qualifications for or restrictions on voter eligibility for any such election, including— (I) any criminal, civil, or other legal penalties associated with voting in any such election; or (II) information regarding a voter's registration status or eligibility. (3) False statements regarding public endorsements \n(A) Prohibition \nNo person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person— (i) knows such statement to be false; and (ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). (B) Definition of materially false \nFor purposes of subparagraph (A), a statement about an endorsement is materially false if, with respect to an upcoming election described in paragraph (5)— (i) the statement states that a specifically named person, political party, or organization has endorsed the election of a specific candidate for a Federal office described in such paragraph; and (ii) such person, political party, or organization has not endorsed the election of such candidate. (4) Hindering, interfering with, or preventing voting or registering to vote \nNo person, whether acting under color of law or otherwise, shall intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in paragraph (5), including by operating a polling place or ballot box that falsely purports to be an official location established for such an election by a unit of government. (5) Election described \nAn election described in this paragraph is any general, primary, runoff, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession.. (b) Private right of action \n(1) In general \nSubsection (c) of section 2004 of the Revised Statutes ( 52 U.S.C. 10101(c) ) is amended— (A) by striking Whenever any person and inserting the following: (1) In general \nWhenever any person ; and (B) by adding at the end the following new paragraph: (2) Civil action \nAny person aggrieved by a violation of this section may institute a civil action for preventive relief, including an application in a United States district court for a permanent or temporary injunction, restraining order, or other order. In any such action, the court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs.. (2) Conforming amendments \nSection 2004 of the Revised Statutes ( 52 U.S.C. 10101 ) is amended— (A) in subsection (e), by striking subsection (c) and inserting subsection (c)(1) ; and (B) in subsection (g), by striking subsection (c) and inserting subsection (c)(1). (c) Criminal penalties \n(1) Deceptive acts \nSection 594 of title 18, United States Code, as amended by sections 3101 and 3102, is amended— (A) in subsection (a), by striking at any election and inserting at any general, primary, runoff, or special election ; and (B) by adding at the end the following new subsections: (c) Deceptive acts \n(1) False statements regarding Federal elections \n(A) Prohibition \nIt shall be unlawful for any person, whether acting under color of law or otherwise, within 60 days before an election described in subsection (f), by any means, including by means of written, electronic, or telephonic communications, to communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person— (i) knows such information to be materially false; and (ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in subsection (f). (B) Information described \nInformation is described in this subparagraph if such information is regarding— (i) the time or place of holding any election described in subsection (e); or (ii) the qualifications for or restrictions on voter eligibility for any such election, including— (I) any criminal, civil, or other legal penalties associated with voting in any such election; or (II) information regarding a voter's registration status or eligibility. (2) Penalty \nAny person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. (d) Hindering, interfering with, or preventing voting or registering To vote \n(1) Prohibition \nIt shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in subsection (f). (2) Penalty \nAny person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. (e) Attempt \nAny person who attempts to commit any offense described in subsection (c)(1) or (d)(1) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. (f) Election described \nAn election described in this subsection is any general, primary, runoff, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, Presidential elector, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress.. (2) Modifications to penalty for voter and election worker intimidation \nSection 594(a) of title 18, United States Code, as amended by this Act, is amended by striking fined under this title or imprisoned not more than one year and inserting fined not more than $100,000, imprisoned for not more than 5 years. (3) Sentencing guidelines \n(A) Review and amendment \nNot later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section 594 of title 18, United States Code, as amended by this section. (B) Authorization \nThe United States Sentencing Commission may amend the Federal Sentencing Guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 ( 28 U.S.C. 994 note) as though the authority under that section had not expired. (4) Payments for refraining from voting \nSubsection (c) of section 11 of the Voting Rights Act of 1965 ( 52 U.S.C. 10307 ) is amended by striking either for registration to vote or for voting and inserting for registration to vote, for voting, or for not voting.", "id": "H23DCA33171A442CBA52D19E937E9BD6F", "header": "Prohibition on deceptive practices in Federal elections", "nested": [ { "text": "(a) Prohibition \nSubsection (b) of section 2004 of the Revised Statutes ( 52 U.S.C. 10101(b) ) is amended— (1) by striking No person and inserting the following: (1) In general \nNo person ; and (2) by inserting at the end the following new paragraphs: (2) False statements regarding Federal elections \n(A) Prohibition \nNo person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person— (i) knows such information to be materially false; and (ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). (B) Information described \nInformation is described in this subparagraph if such information is regarding— (i) the time, place, or manner of holding any election described in paragraph (5); or (ii) the qualifications for or restrictions on voter eligibility for any such election, including— (I) any criminal, civil, or other legal penalties associated with voting in any such election; or (II) information regarding a voter's registration status or eligibility. (3) False statements regarding public endorsements \n(A) Prohibition \nNo person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person— (i) knows such statement to be false; and (ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). (B) Definition of materially false \nFor purposes of subparagraph (A), a statement about an endorsement is materially false if, with respect to an upcoming election described in paragraph (5)— (i) the statement states that a specifically named person, political party, or organization has endorsed the election of a specific candidate for a Federal office described in such paragraph; and (ii) such person, political party, or organization has not endorsed the election of such candidate. (4) Hindering, interfering with, or preventing voting or registering to vote \nNo person, whether acting under color of law or otherwise, shall intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in paragraph (5), including by operating a polling place or ballot box that falsely purports to be an official location established for such an election by a unit of government. (5) Election described \nAn election described in this paragraph is any general, primary, runoff, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession..", "id": "HCC68D87070CA448C95FA0CA19B84FD7F", "header": "Prohibition", "nested": [], "links": [ { "text": "52 U.S.C. 10101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/10101" } ] }, { "text": "(b) Private right of action \n(1) In general \nSubsection (c) of section 2004 of the Revised Statutes ( 52 U.S.C. 10101(c) ) is amended— (A) by striking Whenever any person and inserting the following: (1) In general \nWhenever any person ; and (B) by adding at the end the following new paragraph: (2) Civil action \nAny person aggrieved by a violation of this section may institute a civil action for preventive relief, including an application in a United States district court for a permanent or temporary injunction, restraining order, or other order. In any such action, the court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs.. (2) Conforming amendments \nSection 2004 of the Revised Statutes ( 52 U.S.C. 10101 ) is amended— (A) in subsection (e), by striking subsection (c) and inserting subsection (c)(1) ; and (B) in subsection (g), by striking subsection (c) and inserting subsection (c)(1).", "id": "H6ABCF12AF0024560906DAA9C54C64D21", "header": "Private right of action", "nested": [], "links": [ { "text": "52 U.S.C. 10101(c)", "legal-doc": "usc", "parsable-cite": "usc/52/10101" }, { "text": "52 U.S.C. 10101", "legal-doc": "usc", "parsable-cite": "usc/52/10101" } ] }, { "text": "(c) Criminal penalties \n(1) Deceptive acts \nSection 594 of title 18, United States Code, as amended by sections 3101 and 3102, is amended— (A) in subsection (a), by striking at any election and inserting at any general, primary, runoff, or special election ; and (B) by adding at the end the following new subsections: (c) Deceptive acts \n(1) False statements regarding Federal elections \n(A) Prohibition \nIt shall be unlawful for any person, whether acting under color of law or otherwise, within 60 days before an election described in subsection (f), by any means, including by means of written, electronic, or telephonic communications, to communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person— (i) knows such information to be materially false; and (ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in subsection (f). (B) Information described \nInformation is described in this subparagraph if such information is regarding— (i) the time or place of holding any election described in subsection (e); or (ii) the qualifications for or restrictions on voter eligibility for any such election, including— (I) any criminal, civil, or other legal penalties associated with voting in any such election; or (II) information regarding a voter's registration status or eligibility. (2) Penalty \nAny person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. (d) Hindering, interfering with, or preventing voting or registering To vote \n(1) Prohibition \nIt shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in subsection (f). (2) Penalty \nAny person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. (e) Attempt \nAny person who attempts to commit any offense described in subsection (c)(1) or (d)(1) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. (f) Election described \nAn election described in this subsection is any general, primary, runoff, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, Presidential elector, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress.. (2) Modifications to penalty for voter and election worker intimidation \nSection 594(a) of title 18, United States Code, as amended by this Act, is amended by striking fined under this title or imprisoned not more than one year and inserting fined not more than $100,000, imprisoned for not more than 5 years. (3) Sentencing guidelines \n(A) Review and amendment \nNot later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section 594 of title 18, United States Code, as amended by this section. (B) Authorization \nThe United States Sentencing Commission may amend the Federal Sentencing Guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 ( 28 U.S.C. 994 note) as though the authority under that section had not expired. (4) Payments for refraining from voting \nSubsection (c) of section 11 of the Voting Rights Act of 1965 ( 52 U.S.C. 10307 ) is amended by striking either for registration to vote or for voting and inserting for registration to vote, for voting, or for not voting.", "id": "H9AACD30CD89E41E69205BD0479C01308", "header": "Criminal penalties", "nested": [], "links": [ { "text": "28 U.S.C. 994", "legal-doc": "usc", "parsable-cite": "usc/28/994" }, { "text": "52 U.S.C. 10307", "legal-doc": "usc", "parsable-cite": "usc/52/10307" } ] } ], "links": [ { "text": "52 U.S.C. 10101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/10101" }, { "text": "52 U.S.C. 10101(c)", "legal-doc": "usc", "parsable-cite": "usc/52/10101" }, { "text": "52 U.S.C. 10101", "legal-doc": "usc", "parsable-cite": "usc/52/10101" }, { "text": "28 U.S.C. 994", "legal-doc": "usc", "parsable-cite": "usc/28/994" }, { "text": "52 U.S.C. 10307", "legal-doc": "usc", "parsable-cite": "usc/52/10307" } ] }, { "text": "3203. Corrective action \n(a) Corrective action \n(1) In general \nIf the Attorney General receives a credible report that materially false information has been or is being communicated in violation of paragraphs (2) and (3) of section 2004(b) of the Revised Statutes ( 52 U.S.C. 10101(b) ), as added by section 3202(a), and if the Attorney General determines that State and local election officials have not taken adequate steps to promptly communicate accurate information to correct the materially false information, the Attorney General shall, pursuant to the written procedures and standards under subsection (b), communicate to the public, by any means, including by means of written, electronic, or telephonic communications, accurate information designed to correct the materially false information. (2) Communication of corrective information \nAny information communicated by the Attorney General under paragraph (1)— (A) shall— (i) be accurate and objective; (ii) consist of only the information necessary to correct the materially false information that has been or is being communicated; and (iii) to the extent practicable, be by a means that the Attorney General determines will reach the persons to whom the materially false information has been or is being communicated; and (B) shall not be designed to favor or disfavor any particular candidate, organization, or political party. (b) Written procedures and standards for taking corrective action \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Attorney General shall publish written procedures and standards for determining when and how corrective action will be taken under this section. (2) Inclusion of appropriate deadlines \nThe procedures and standards under paragraph (1) shall include appropriate deadlines, based in part on the number of days remaining before the upcoming election. (3) Consultation \nIn developing the procedures and standards under paragraph (1), the Attorney General shall consult with the Election Assistance Commission, State and local election officials, civil rights organizations, voting rights groups, voter protection groups, and other interested community organizations. (c) Authorization of appropriations \nThere are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this subtitle.", "id": "HE0914DBC9F3D4E2285E6BC463939D446", "header": "Corrective action", "nested": [ { "text": "(a) Corrective action \n(1) In general \nIf the Attorney General receives a credible report that materially false information has been or is being communicated in violation of paragraphs (2) and (3) of section 2004(b) of the Revised Statutes ( 52 U.S.C. 10101(b) ), as added by section 3202(a), and if the Attorney General determines that State and local election officials have not taken adequate steps to promptly communicate accurate information to correct the materially false information, the Attorney General shall, pursuant to the written procedures and standards under subsection (b), communicate to the public, by any means, including by means of written, electronic, or telephonic communications, accurate information designed to correct the materially false information. (2) Communication of corrective information \nAny information communicated by the Attorney General under paragraph (1)— (A) shall— (i) be accurate and objective; (ii) consist of only the information necessary to correct the materially false information that has been or is being communicated; and (iii) to the extent practicable, be by a means that the Attorney General determines will reach the persons to whom the materially false information has been or is being communicated; and (B) shall not be designed to favor or disfavor any particular candidate, organization, or political party.", "id": "H6F6DBF55A20C4B53A6BA53C974F92588", "header": "Corrective action", "nested": [], "links": [ { "text": "52 U.S.C. 10101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/10101" } ] }, { "text": "(b) Written procedures and standards for taking corrective action \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Attorney General shall publish written procedures and standards for determining when and how corrective action will be taken under this section. (2) Inclusion of appropriate deadlines \nThe procedures and standards under paragraph (1) shall include appropriate deadlines, based in part on the number of days remaining before the upcoming election. (3) Consultation \nIn developing the procedures and standards under paragraph (1), the Attorney General shall consult with the Election Assistance Commission, State and local election officials, civil rights organizations, voting rights groups, voter protection groups, and other interested community organizations.", "id": "H1CA515DE09C5456CA21623B20C0441E0", "header": "Written procedures and standards for taking corrective action", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nThere are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this subtitle.", "id": "H9C37931D8FF4479080321F3BF23D2464", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 10101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/10101" } ] }, { "text": "3204. Reports to Congress \n(a) In general \nNot later than 180 days after each general election for Federal office, the Attorney General shall submit to Congress a report compiling all allegations received by the Attorney General of deceptive practices described in paragraphs (2), (3), and (4) of section 2004(b) of the Revised Statutes ( 52 U.S.C. 10101(b) ), as added by section 3202(a), relating to the general election for Federal office and any primary, runoff, or a special election for Federal office held in the 2 years preceding the general election. (b) Contents \n(1) In general \nEach report submitted under subsection (a) shall include— (A) a description of each allegation of a deceptive practice described in subsection (a), including the geographic location, racial and ethnic composition, and language minority-group membership of the persons toward whom the alleged deceptive practice was directed; (B) the status of the investigation of each allegation described in subparagraph (A); (C) a description of each corrective action taken by the Attorney General under section 3203(a) in response to an allegation described in subparagraph (A); (D) a description of each referral of an allegation described in subparagraph (A) to other Federal, State, or local agencies; (E) to the extent information is available, a description of any civil action instituted under section 2004(c)(2) of the Revised Statutes ( 52 U.S.C. 10101(c)(2) ), as added by section 3202(b), in connection with an allegation described in subparagraph (A); and (F) a description of any criminal prosecution instituted under subsection (c) or (d) of section 594 of title 18, United States Code, as amended by section 3202(c), in connection with the receipt of an allegation described in subparagraph (A) by the Attorney General. (2) Exclusion of certain information \n(A) In general \nThe Attorney General shall not include in a report submitted under subsection (a) any information protected from disclosure by rule 6(e) of the Federal Rules of Criminal Procedure or any Federal criminal statute. (B) Exclusion of certain other information \nThe Attorney General may determine that the following information shall not be included in a report submitted under subsection (a): (i) Any information that is privileged. (ii) Any information concerning an ongoing investigation. (iii) Any information concerning a criminal or civil proceeding conducted under seal. (iv) Any other nonpublic information that the Attorney General determines the disclosure of which could reasonably be expected to infringe on the rights of any individual or adversely affect the integrity of a pending or future criminal investigation. (c) Report made public \nOn the date that the Attorney General submits the report under subsection (a), the Attorney General shall also make the report publicly available through the internet and other appropriate means.", "id": "H67E9EC84521E4392968D81E59C549033", "header": "Reports to Congress", "nested": [ { "text": "(a) In general \nNot later than 180 days after each general election for Federal office, the Attorney General shall submit to Congress a report compiling all allegations received by the Attorney General of deceptive practices described in paragraphs (2), (3), and (4) of section 2004(b) of the Revised Statutes ( 52 U.S.C. 10101(b) ), as added by section 3202(a), relating to the general election for Federal office and any primary, runoff, or a special election for Federal office held in the 2 years preceding the general election.", "id": "HC91453DDD9B54E898F6B5D55A087D101", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 10101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/10101" } ] }, { "text": "(b) Contents \n(1) In general \nEach report submitted under subsection (a) shall include— (A) a description of each allegation of a deceptive practice described in subsection (a), including the geographic location, racial and ethnic composition, and language minority-group membership of the persons toward whom the alleged deceptive practice was directed; (B) the status of the investigation of each allegation described in subparagraph (A); (C) a description of each corrective action taken by the Attorney General under section 3203(a) in response to an allegation described in subparagraph (A); (D) a description of each referral of an allegation described in subparagraph (A) to other Federal, State, or local agencies; (E) to the extent information is available, a description of any civil action instituted under section 2004(c)(2) of the Revised Statutes ( 52 U.S.C. 10101(c)(2) ), as added by section 3202(b), in connection with an allegation described in subparagraph (A); and (F) a description of any criminal prosecution instituted under subsection (c) or (d) of section 594 of title 18, United States Code, as amended by section 3202(c), in connection with the receipt of an allegation described in subparagraph (A) by the Attorney General. (2) Exclusion of certain information \n(A) In general \nThe Attorney General shall not include in a report submitted under subsection (a) any information protected from disclosure by rule 6(e) of the Federal Rules of Criminal Procedure or any Federal criminal statute. (B) Exclusion of certain other information \nThe Attorney General may determine that the following information shall not be included in a report submitted under subsection (a): (i) Any information that is privileged. (ii) Any information concerning an ongoing investigation. (iii) Any information concerning a criminal or civil proceeding conducted under seal. (iv) Any other nonpublic information that the Attorney General determines the disclosure of which could reasonably be expected to infringe on the rights of any individual or adversely affect the integrity of a pending or future criminal investigation.", "id": "H655465B7DFB048BD93DDF91FBE4C2681", "header": "Contents", "nested": [], "links": [ { "text": "52 U.S.C. 10101(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/10101" } ] }, { "text": "(c) Report made public \nOn the date that the Attorney General submits the report under subsection (a), the Attorney General shall also make the report publicly available through the internet and other appropriate means.", "id": "H82159A67569B4CF6A143A1994C59ECFD", "header": "Report made public", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 10101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/10101" }, { "text": "52 U.S.C. 10101(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/10101" } ] }, { "text": "3205. Private rights of action by election officials \nSubsection (c)(2) of section 2004 of the Revised Statutes ( 52 U.S.C. 10101(b) ), as added by section 3202(b), is amended— (1) by striking Any person and inserting the following: (A) In general \nAny person ; and (2) by adding at the end the following new subparagraph: (B) Intimidation, etc \n(i) In general \nA person aggrieved by a violation of subsection (b)(1) shall include, without limitation, an officer responsible for maintaining order and preventing intimidation, threats, or coercion in or around a location at which voters may cast their votes. (ii) Corrective action \nIf the Attorney General receives a credible report that conduct that violates or would be reasonably likely to violate subsection (b)(1) has occurred or is likely to occur, and if the Attorney General determines that State and local officials have not taken adequate steps to promptly communicate that such conduct would violate subsection (b)(1) or applicable State or local laws, the Attorney General shall communicate to the public, by any means, including by means of written, electronic, or telephonic communications, accurate information designed to convey the unlawfulness of proscribed conduct under subsection (b)(1) and the responsibilities of and resources available to State and local officials to prevent or correct such violations..", "id": "HFE47789D458A4C549FECB956C741B3C9", "header": "Private rights of action by election officials", "nested": [], "links": [ { "text": "52 U.S.C. 10101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/10101" } ] }, { "text": "3206. Making intimidation of tabulation, canvass, and certification efforts a crime \nSection 12(1) of the National Voter Registration Act ( 52 U.S.C. 20511 ) is amended— (1) in subparagraph (B), by striking or at the end; and (2) by adding at the end the following new subparagraph: (D) processing or scanning ballots, or tabulating, canvassing, or certifying voting results; or.", "id": "HFB0AE3F16C754970A2E272E64A662FA8", "header": "Making intimidation of tabulation, canvass, and certification efforts a crime", "nested": [], "links": [ { "text": "52 U.S.C. 20511", "legal-doc": "usc", "parsable-cite": "usc/52/20511" } ] }, { "text": "3301. Strengthen protections for Federal election records \n(a) Finding of Constitutional authority \nCongress finds as follows: (1) Congress has explicit and broad authority to regulate the time, place, and manner of Federal elections under the Elections Clause under article I, section 4, clause 1 of the Constitution, including by establishing standards for the fair, impartial, and uniform administration of Federal elections by State and local officials. (2) The Elections Clause grants Congress plenary and paramount jurisdiction over the whole subject of Federal elections, Ex parte Siebold, 100 U.S. 371, 388 (1879), allowing Congress to implement a complete code for congressional elections. Smiley v. Holm, 285 U.S. 355, 366 (1932). (3) The fair and impartial administration of Federal elections by State and local officials is central to the successful working of this government , Ex parte Yarbrough, 110 U.S. 651, 666 (1884), and to protect the act of voting... and the election itself from corruption or fraud , id. at 661–62. (4) The Elections Clause thus grants Congress the authority to strengthen the protections for Federal election records. (5) Congress has intervened in the electoral process to protect the health and legitimacy of federal elections, including for example, Congress’ enactment of the Help America Vote Act of 2002 as a response to several issues that occurred during the 2000 Presidential election. See The Elections Clause: Constitutional Interpretation and Congressional Exercise , Hearing Before Comm. on House Administration, 117th Cong. (2021), written testimony of Vice Dean Franita Tolson at 3. (b) Strengthening of protections \nSection 301 of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 ) is amended— (1) by striking Every officer and inserting the following: (a) In general \nEvery officer ; (2) by striking records and papers and inserting records (including electronic records), papers, and election equipment each place the term appears; (3) by striking record or paper and inserting record (including electronic record), paper, or election equipment ; (4) by inserting (but only under the direct administrative supervision of an election officer). Notwithstanding any other provision of this section, the paper record of a voter’s cast ballot shall remain the official record of the cast ballot for purposes of this title after upon such custodian ; (5) by inserting , or acts in reckless disregard of, after fails to comply with ; and (6) by inserting after subsection (a) the following: (b) Election equipment \nThe requirement in subsection (a) to preserve election equipment shall not be construed to prevent the reuse of such equipment in any election that takes place within twenty-two months of a Federal election described in subsection (a), provided that all electronic records, files, and data from such equipment related to such Federal election are retained and preserved. (c) Guidance \nNot later than 1 year after the date of enactment of this subsection, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, in consultation with the Election Assistance Commission and the Attorney General, shall issue guidance regarding compliance with subsections (a) and (b), including minimum standards and best practices for retaining and preserving records and papers in compliance with subsection (a). Such guidance shall also include protocols for enabling the observation of the preservation, security, and transfer of records and papers described in subsection (a) by the Attorney General and by a representative of each party, as defined by the Attorney General.. (c) Protecting the integrity of paper ballots in Federal elections \n(1) Protocols and conditions for inspection of ballots \nNot later than 60 days after the date of the enactment of this Act, the Attorney General, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security and the Election Assistance Commission, shall promulgate regulations establishing the election security protocols and conditions, including appropriate chain of custody and proper preservation practices, which will apply to the inspection of the paper ballots which are required to be retained and preserved under section 301 of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 ). (2) Cause of action for injunctive and declaratory relief \nThe Attorney General may bring an action in an appropriate district court of the United States for such declaratory or injunctive relief as may be necessary to ensure compliance with the regulations promulgated under subsection (a).", "id": "H667384879B8D4EE6982A206B978A4821", "header": "Strengthen protections for Federal election records", "nested": [ { "text": "(a) Finding of Constitutional authority \nCongress finds as follows: (1) Congress has explicit and broad authority to regulate the time, place, and manner of Federal elections under the Elections Clause under article I, section 4, clause 1 of the Constitution, including by establishing standards for the fair, impartial, and uniform administration of Federal elections by State and local officials. (2) The Elections Clause grants Congress plenary and paramount jurisdiction over the whole subject of Federal elections, Ex parte Siebold, 100 U.S. 371, 388 (1879), allowing Congress to implement a complete code for congressional elections. Smiley v. Holm, 285 U.S. 355, 366 (1932). (3) The fair and impartial administration of Federal elections by State and local officials is central to the successful working of this government , Ex parte Yarbrough, 110 U.S. 651, 666 (1884), and to protect the act of voting... and the election itself from corruption or fraud , id. at 661–62. (4) The Elections Clause thus grants Congress the authority to strengthen the protections for Federal election records. (5) Congress has intervened in the electoral process to protect the health and legitimacy of federal elections, including for example, Congress’ enactment of the Help America Vote Act of 2002 as a response to several issues that occurred during the 2000 Presidential election. See The Elections Clause: Constitutional Interpretation and Congressional Exercise , Hearing Before Comm. on House Administration, 117th Cong. (2021), written testimony of Vice Dean Franita Tolson at 3.", "id": "H2EDF69E0E161430B9D5BD8BAF786F6CB", "header": "Finding of Constitutional authority", "nested": [], "links": [] }, { "text": "(b) Strengthening of protections \nSection 301 of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 ) is amended— (1) by striking Every officer and inserting the following: (a) In general \nEvery officer ; (2) by striking records and papers and inserting records (including electronic records), papers, and election equipment each place the term appears; (3) by striking record or paper and inserting record (including electronic record), paper, or election equipment ; (4) by inserting (but only under the direct administrative supervision of an election officer). Notwithstanding any other provision of this section, the paper record of a voter’s cast ballot shall remain the official record of the cast ballot for purposes of this title after upon such custodian ; (5) by inserting , or acts in reckless disregard of, after fails to comply with ; and (6) by inserting after subsection (a) the following: (b) Election equipment \nThe requirement in subsection (a) to preserve election equipment shall not be construed to prevent the reuse of such equipment in any election that takes place within twenty-two months of a Federal election described in subsection (a), provided that all electronic records, files, and data from such equipment related to such Federal election are retained and preserved. (c) Guidance \nNot later than 1 year after the date of enactment of this subsection, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, in consultation with the Election Assistance Commission and the Attorney General, shall issue guidance regarding compliance with subsections (a) and (b), including minimum standards and best practices for retaining and preserving records and papers in compliance with subsection (a). Such guidance shall also include protocols for enabling the observation of the preservation, security, and transfer of records and papers described in subsection (a) by the Attorney General and by a representative of each party, as defined by the Attorney General..", "id": "HF7395AB931EA48B4BEB5EC0EE4711916", "header": "Strengthening of protections", "nested": [], "links": [ { "text": "52 U.S.C. 20701", "legal-doc": "usc", "parsable-cite": "usc/52/20701" } ] }, { "text": "(c) Protecting the integrity of paper ballots in Federal elections \n(1) Protocols and conditions for inspection of ballots \nNot later than 60 days after the date of the enactment of this Act, the Attorney General, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security and the Election Assistance Commission, shall promulgate regulations establishing the election security protocols and conditions, including appropriate chain of custody and proper preservation practices, which will apply to the inspection of the paper ballots which are required to be retained and preserved under section 301 of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 ). (2) Cause of action for injunctive and declaratory relief \nThe Attorney General may bring an action in an appropriate district court of the United States for such declaratory or injunctive relief as may be necessary to ensure compliance with the regulations promulgated under subsection (a).", "id": "H1E2DC73CEAFA4E19B27DE9EEF14F586F", "header": "Protecting the integrity of paper ballots in Federal elections", "nested": [], "links": [ { "text": "52 U.S.C. 20701", "legal-doc": "usc", "parsable-cite": "usc/52/20701" } ] } ], "links": [ { "text": "52 U.S.C. 20701", "legal-doc": "usc", "parsable-cite": "usc/52/20701" }, { "text": "52 U.S.C. 20701", "legal-doc": "usc", "parsable-cite": "usc/52/20701" } ] }, { "text": "3302. Penalties; inspection; nondisclosure; jurisdiction \n(a) Expansion of scope of penalties for interference \nSection 302 of the Civil Rights Act of 1960 ( 52 U.S.C. 20702 ) is amended— (1) by inserting , or whose reckless disregard of section 301 results in the theft, destruction, concealment, mutilation, or alteration of, after or alters ; and (2) by striking record or paper and inserting record (including electronic record), paper, or election equipment. (b) Inspection, reproduction, and copying \nSection 303 of such Act ( 52 U.S.C. 20703 ) is amended by striking record or paper each place it appears and inserting record (including electronic record), paper, or election equipment. (c) Nondisclosure \nSection 304 of such Act ( 52 U.S.C. 20704 ) is amended by striking record or paper and inserting record (including electronic record), paper, or election equipment. (d) Jurisdiction To compel production \nSection 305 of such Act ( 52 U.S.C. 20705 ) is amended by striking record or paper each place it appears and inserting record (including electronic record), paper, or election equipment.", "id": "HA11386DD096048308B896E9375C17CDD", "header": "Penalties; inspection; nondisclosure; jurisdiction", "nested": [ { "text": "(a) Expansion of scope of penalties for interference \nSection 302 of the Civil Rights Act of 1960 ( 52 U.S.C. 20702 ) is amended— (1) by inserting , or whose reckless disregard of section 301 results in the theft, destruction, concealment, mutilation, or alteration of, after or alters ; and (2) by striking record or paper and inserting record (including electronic record), paper, or election equipment.", "id": "HD989DA0E4B1E4A53846DEAC976416328", "header": "Expansion of scope of penalties for interference", "nested": [], "links": [ { "text": "52 U.S.C. 20702", "legal-doc": "usc", "parsable-cite": "usc/52/20702" } ] }, { "text": "(b) Inspection, reproduction, and copying \nSection 303 of such Act ( 52 U.S.C. 20703 ) is amended by striking record or paper each place it appears and inserting record (including electronic record), paper, or election equipment.", "id": "H6766FDC24DE24BBBAA173606794ED76C", "header": "Inspection, reproduction, and copying", "nested": [], "links": [ { "text": "52 U.S.C. 20703", "legal-doc": "usc", "parsable-cite": "usc/52/20703" } ] }, { "text": "(c) Nondisclosure \nSection 304 of such Act ( 52 U.S.C. 20704 ) is amended by striking record or paper and inserting record (including electronic record), paper, or election equipment.", "id": "H1B20B22485B4412A9851EDD8B7D367D3", "header": "Nondisclosure", "nested": [], "links": [ { "text": "52 U.S.C. 20704", "legal-doc": "usc", "parsable-cite": "usc/52/20704" } ] }, { "text": "(d) Jurisdiction To compel production \nSection 305 of such Act ( 52 U.S.C. 20705 ) is amended by striking record or paper each place it appears and inserting record (including electronic record), paper, or election equipment.", "id": "H6DBC90198EB642FBA4A32823FA513865", "header": "Jurisdiction To compel production", "nested": [], "links": [ { "text": "52 U.S.C. 20705", "legal-doc": "usc", "parsable-cite": "usc/52/20705" } ] } ], "links": [ { "text": "52 U.S.C. 20702", "legal-doc": "usc", "parsable-cite": "usc/52/20702" }, { "text": "52 U.S.C. 20703", "legal-doc": "usc", "parsable-cite": "usc/52/20703" }, { "text": "52 U.S.C. 20704", "legal-doc": "usc", "parsable-cite": "usc/52/20704" }, { "text": "52 U.S.C. 20705", "legal-doc": "usc", "parsable-cite": "usc/52/20705" } ] }, { "text": "3303. Judicial review to ensure compliance \nTitle III of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 et seq. ) is amended by adding at the end the following: 307. Judicial review to ensure compliance \n(a) Cause of action \nThe Attorney General, a representative of the Attorney General, or a candidate in a Federal election described in section 301 may bring an action in the district court of the United States for the judicial district in which a record or paper is located, or in the United States District Court for the District of Columbia, to compel compliance with the requirements of section 301. (b) Duty To expedite \nIt shall be the duty of the court to advance on the docket, and to expedite to the greatest possible extent the disposition of, the action and any appeal under this section..", "id": "H77C976B29431409E9075CF2BCC2FE61C", "header": "Judicial review to ensure compliance", "nested": [], "links": [ { "text": "52 U.S.C. 20701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/20701" } ] }, { "text": "307. Judicial review to ensure compliance \n(a) Cause of action \nThe Attorney General, a representative of the Attorney General, or a candidate in a Federal election described in section 301 may bring an action in the district court of the United States for the judicial district in which a record or paper is located, or in the United States District Court for the District of Columbia, to compel compliance with the requirements of section 301. (b) Duty To expedite \nIt shall be the duty of the court to advance on the docket, and to expedite to the greatest possible extent the disposition of, the action and any appeal under this section.", "id": "H6EF0F45CF8224095BEB754879B61EBFD", "header": "Judicial review to ensure compliance", "nested": [ { "text": "(a) Cause of action \nThe Attorney General, a representative of the Attorney General, or a candidate in a Federal election described in section 301 may bring an action in the district court of the United States for the judicial district in which a record or paper is located, or in the United States District Court for the District of Columbia, to compel compliance with the requirements of section 301.", "id": "H62515029AE9E47E4BFD31B315877C3AF", "header": "Cause of action", "nested": [], "links": [] }, { "text": "(b) Duty To expedite \nIt shall be the duty of the court to advance on the docket, and to expedite to the greatest possible extent the disposition of, the action and any appeal under this section.", "id": "HF376F920F637457D95FE0B3C8CAC9EE4", "header": "Duty To expedite", "nested": [], "links": [] } ], "links": [] }, { "text": "3401. Short title \nThis part may be cited as the Right to Vote Act.", "id": "HE168156615A64E37A8CDE5F0120EC7D5", "header": "Short title", "nested": [], "links": [] }, { "text": "3402. Undue burdens on the ability to vote in elections for Federal office prohibited \n(a) In general \nEvery citizen of legal voting age shall have the right to vote and have one’s vote counted in elections for Federal office free from any burden on the time, place, or manner of voting, as set forth in subsections (b) and (c). (b) Retrogression \nA government may not diminish the ability to vote or to have one’s vote counted in an election for Federal office unless the law, rule, standard, practice, procedure, or other governmental action causing the diminishment is the least restrictive means of significantly furthering an important, particularized government interest. (c) Substantial impairment \n(1) In general \nA government may not substantially impair the ability of an individual to vote or to have one’s vote counted in an election for Federal office unless the law, rule, standard, practice, procedure, or other governmental action causing the impairment significantly furthers an important, particularized governmental interest. (2) Substantial impairment \nFor purposes of this section, a substantial impairment is a non-trivial impairment that makes it more difficult to vote or to have one’s vote counted than if the law, rule, standard, practice, procedure, or other governmental action had not been adopted or implemented. An impairment may be substantial even if the voter or other similarly situated voters are able to vote or to have one’s vote counted notwithstanding the impairment.", "id": "H4407467968F545C5B4C2575CAE5168FF", "header": "Undue burdens on the ability to vote in elections for Federal office prohibited", "nested": [ { "text": "(a) In general \nEvery citizen of legal voting age shall have the right to vote and have one’s vote counted in elections for Federal office free from any burden on the time, place, or manner of voting, as set forth in subsections (b) and (c).", "id": "HA112C808041B4B0AA1B85DE7DC84CF29", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Retrogression \nA government may not diminish the ability to vote or to have one’s vote counted in an election for Federal office unless the law, rule, standard, practice, procedure, or other governmental action causing the diminishment is the least restrictive means of significantly furthering an important, particularized government interest.", "id": "H1F5D0248C9CA4ED8A8419C817903EA16", "header": "Retrogression", "nested": [], "links": [] }, { "text": "(c) Substantial impairment \n(1) In general \nA government may not substantially impair the ability of an individual to vote or to have one’s vote counted in an election for Federal office unless the law, rule, standard, practice, procedure, or other governmental action causing the impairment significantly furthers an important, particularized governmental interest. (2) Substantial impairment \nFor purposes of this section, a substantial impairment is a non-trivial impairment that makes it more difficult to vote or to have one’s vote counted than if the law, rule, standard, practice, procedure, or other governmental action had not been adopted or implemented. An impairment may be substantial even if the voter or other similarly situated voters are able to vote or to have one’s vote counted notwithstanding the impairment.", "id": "H77F955611AA24770AE6EEA7D6036910F", "header": "Substantial impairment", "nested": [], "links": [] } ], "links": [] }, { "text": "3403. Judicial review \n(a) Civil action \nAn action challenging a violation of this part may be brought by any aggrieved person or the Attorney General in the district court for the District of Columbia, or the district court for the district in which the violation took place or where any defendant resides or does business, at the selection of the plaintiff, to obtain all appropriate relief, whether declaratory or injunctive, or facial or as-applied. Process may be served in any district where a defendant resides, does business, or may be found. (b) Standards To be applied \nA court adjudicating an action brought under this part shall apply the following standards: (1) Retrogression \n(A) A plaintiff establishes a prima facie case of retrogression by demonstrating by a preponderance of the evidence that a rule, standard, practice, procedure, or other governmental action diminishes the ability, or otherwise makes it more difficult, to vote, or have one’s vote counted. (B) If a plaintiff establishes a prima facie case as described in subparagraph (A), the government shall be provided an opportunity to demonstrate by clear and convincing evidence that the diminishment is necessary to significantly further an important, particularized governmental interest. (C) If the government meets its burden under subparagraph (B), the challenged rule, standard, practice, procedure, or other governmental action shall nonetheless be deemed invalid if the plaintiff demonstrates by a preponderance of the evidence that the government could adopt or implement a less-restrictive means of furthering the particularized important governmental interest. (2) Substantial Impairment \n(A) A plaintiff establishes a prima facie case of substantial impairment by demonstrating by a preponderance of the evidence that a rule, standard, practice, procedure, or other governmental action is a non-trivial impairment of the ability to vote or to have one’s vote counted. (B) If a plaintiff establishes a prima facie case as described in subparagraph (A), the government shall be provided an opportunity to demonstrate by clear and convincing evidence that the impairment significantly furthers an important, particularized governmental interest. (c) Duty To expedite \nIt shall be the duty of the court to advance on the docket and to expedite to the greatest reasonable extent the disposition of the action and appeal under this section. (d) Attorney’s fees \nSection 722(b) of the Revised Statutes ( 42 U.S.C. 1988(b) ) is amended— (1) by striking or section 40302 and inserting section 40302 ; and (2) by striking , the court and inserting , or section 3402(a) of the Freedom to Vote Act , the court.", "id": "H96C6670B6D1044968CBD4EBEBE540804", "header": "Judicial review", "nested": [ { "text": "(a) Civil action \nAn action challenging a violation of this part may be brought by any aggrieved person or the Attorney General in the district court for the District of Columbia, or the district court for the district in which the violation took place or where any defendant resides or does business, at the selection of the plaintiff, to obtain all appropriate relief, whether declaratory or injunctive, or facial or as-applied. Process may be served in any district where a defendant resides, does business, or may be found.", "id": "HCE17CB8322E84D31A7FFBBAE46AFD7D5", "header": "Civil action", "nested": [], "links": [] }, { "text": "(b) Standards To be applied \nA court adjudicating an action brought under this part shall apply the following standards: (1) Retrogression \n(A) A plaintiff establishes a prima facie case of retrogression by demonstrating by a preponderance of the evidence that a rule, standard, practice, procedure, or other governmental action diminishes the ability, or otherwise makes it more difficult, to vote, or have one’s vote counted. (B) If a plaintiff establishes a prima facie case as described in subparagraph (A), the government shall be provided an opportunity to demonstrate by clear and convincing evidence that the diminishment is necessary to significantly further an important, particularized governmental interest. (C) If the government meets its burden under subparagraph (B), the challenged rule, standard, practice, procedure, or other governmental action shall nonetheless be deemed invalid if the plaintiff demonstrates by a preponderance of the evidence that the government could adopt or implement a less-restrictive means of furthering the particularized important governmental interest. (2) Substantial Impairment \n(A) A plaintiff establishes a prima facie case of substantial impairment by demonstrating by a preponderance of the evidence that a rule, standard, practice, procedure, or other governmental action is a non-trivial impairment of the ability to vote or to have one’s vote counted. (B) If a plaintiff establishes a prima facie case as described in subparagraph (A), the government shall be provided an opportunity to demonstrate by clear and convincing evidence that the impairment significantly furthers an important, particularized governmental interest.", "id": "H04B29E7D2F5A4BD8B50E1D00B237DE9F", "header": "Standards To be applied", "nested": [], "links": [] }, { "text": "(c) Duty To expedite \nIt shall be the duty of the court to advance on the docket and to expedite to the greatest reasonable extent the disposition of the action and appeal under this section.", "id": "H9B3FB20B4A4A458B924AEAD488FF30FF", "header": "Duty To expedite", "nested": [], "links": [] }, { "text": "(d) Attorney’s fees \nSection 722(b) of the Revised Statutes ( 42 U.S.C. 1988(b) ) is amended— (1) by striking or section 40302 and inserting section 40302 ; and (2) by striking , the court and inserting , or section 3402(a) of the Freedom to Vote Act , the court.", "id": "HF8944BE64AC24730A17549E365F0AFB2", "header": "Attorney’s fees", "nested": [], "links": [ { "text": "42 U.S.C. 1988(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1988" } ] } ], "links": [ { "text": "42 U.S.C. 1988(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1988" } ] }, { "text": "3404. Definitions \nIn this part— (1) the term covered entity means the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands; (2) the terms election and Federal office have the meanings given such terms in section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 ); (3) the term have one’s vote counted means all actions necessary to have a vote included in the appropriate totals of votes cast with respect to candidates for public office for which votes are received in an election and reflected in the certified vote totals by any government responsible for tallying or certifying the results of elections for Federal office; (4) the term government includes a branch, department, agency, instrumentality, and official (or other person acting under color of law) of the United States, of any State, of any covered entity, or of any political subdivision of any State or covered entity; and (5) the term vote means all actions necessary to make a vote effective, including registration or other action required by law as a prerequisite to voting, casting a ballot.", "id": "H56EAEDAD2A6547ADAD80F21E6C694DAA", "header": "Definitions", "nested": [], "links": [ { "text": "52 U.S.C. 30101", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "3405. Rules of construction \n(a) Burdens not authorized \nNothing in this part may be construed to authorize a government to burden the right to vote in elections for Federal office. (b) Other rights and remedies \nNothing in this part shall be construed to alter any rights existing under a State constitution or the Constitution of the United States, or to limit any remedies for any other violations of Federal, State, or local law. (c) Other provisions of this act \nNothing in this subtitle shall be construed as affecting section 1703 of this Act (relating to rights of citizens). (d) Other definitions \nThe definitions set forth in section 3404 shall apply only to this part and shall not be construed to amend or interpret any other provision of law.", "id": "H3CF808F0CAB44E72A7434071028B72A2", "header": "Rules of construction", "nested": [ { "text": "(a) Burdens not authorized \nNothing in this part may be construed to authorize a government to burden the right to vote in elections for Federal office.", "id": "H2CE17613C5274B5282BD3CBB5A9B4AB2", "header": "Burdens not authorized", "nested": [], "links": [] }, { "text": "(b) Other rights and remedies \nNothing in this part shall be construed to alter any rights existing under a State constitution or the Constitution of the United States, or to limit any remedies for any other violations of Federal, State, or local law.", "id": "H1E5445B1DD0F4EBE8C7ECF75C5B965D0", "header": "Other rights and remedies", "nested": [], "links": [] }, { "text": "(c) Other provisions of this act \nNothing in this subtitle shall be construed as affecting section 1703 of this Act (relating to rights of citizens).", "id": "HA609E1ADF3864BAF9D1246C2461169DD", "header": "Other provisions of this act", "nested": [], "links": [] }, { "text": "(d) Other definitions \nThe definitions set forth in section 3404 shall apply only to this part and shall not be construed to amend or interpret any other provision of law.", "id": "HBA82FAD71037477F9B96E4B375E81636", "header": "Other definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "3406. Severability \nIf any provision of this part or the application of such provision to any citizen or circumstance is held to be unconstitutional, the remainder of this part and the application of the provisions of such to any citizen or circumstance shall not be affected thereby.", "id": "H3C907317152940FA9D3A79CE492F07C1", "header": "Severability", "nested": [], "links": [] }, { "text": "3407. Effective date \n(a) Actions brought for retrogression \nSubsection (b) of section 3402 shall apply to any law, rule, standard, practice, procedure, or other governmental action that was not in effect during the November 2022 general election for Federal office but that will be in effect with respect to elections for Federal office occurring on or after January 1, 2024, even if such law, rule, standard, practice, procedure, or other governmental action is already in effect as of the date of the enactment of this Act. (b) Actions brought for substantial impairment \nSubsection (c) of section 3402 shall apply to any law, rule, standard, practice, procedure, or other governmental action in effect with respect to elections for Federal office occurring on or after January 1, 2024.", "id": "H57535BE51F284B1490D2F315862D6CC5", "header": "Effective date", "nested": [ { "text": "(a) Actions brought for retrogression \nSubsection (b) of section 3402 shall apply to any law, rule, standard, practice, procedure, or other governmental action that was not in effect during the November 2022 general election for Federal office but that will be in effect with respect to elections for Federal office occurring on or after January 1, 2024, even if such law, rule, standard, practice, procedure, or other governmental action is already in effect as of the date of the enactment of this Act.", "id": "H3F15C72EEABA4E2FAA8187D613218E81", "header": "Actions brought for retrogression", "nested": [], "links": [] }, { "text": "(b) Actions brought for substantial impairment \nSubsection (c) of section 3402 shall apply to any law, rule, standard, practice, procedure, or other governmental action in effect with respect to elections for Federal office occurring on or after January 1, 2024.", "id": "HDCEA6EBA7A604593AA5471E421B153FE", "header": "Actions brought for substantial impairment", "nested": [], "links": [] } ], "links": [] }, { "text": "3411. Findings \nIn addition to providing for the statutory rights described in part 1, including judicial review under section 3403, Congress makes the following findings regarding enforcement of constitutional provisions protecting the right to vote: (1) It is a priority of Congress to ensure that pending and future disputes arising under the Fifteenth Amendment or any other constitutional provisions protecting the right to vote may be heard in Federal court. (2) The Fifth Circuit has misconstrued section 1344 of title 28, United States Code, to deprive Federal courts of subject matter jurisdiction in certain classes of cases that implicate voters’ constitutional rights, see, e.g., Keyes v. Gunn, 890 F.3d 232 (5th Cir. 2018), cert. denied, 139 S. Ct. 434 (2018); Johnson v. Stevenson, 170 F.2d 108 (5th Cir. 1948). (3) Section 1344 of such title is also superfluous in light of other broad grants of Federal jurisdiction. See, e.g., section 1331, section 1343(a)(3), and section 1343(a)(4) of title 28, United States Code. (4) Congress therefore finds that a repeal of section 1344 is appropriate and that such repeal will ensure that Federal courts nationwide are empowered to enforce voters’ constitutional rights in Federal elections and State legislative elections.", "id": "HF9045D872764411B9503124C26FCB875", "header": "Findings", "nested": [], "links": [] }, { "text": "3412. Clarifying authority of United States district courts to hear cases \n(a) In general \nSection 1344 of title 28, United States Code, is repealed. (b) Continuing authority of courts To hear cases under other existing authority \nNothing in this part may be construed to affect the authority of district courts of the United States to exercise jurisdiction pursuant to existing provisions of law, including sections 1331, 1343(a)(3), and 1343(a)(4) of title 28, United States Code, in any cases arising under the Constitution, laws, or treaties of the United States concerning the administration, conduct, or results of an election for Federal office or state legislative office. (c) Clerical amendment \nThe table of sections for chapter 85 of title 28, United States Code, is amended by striking the item relating to section 1344.", "id": "H10F9CB0E035C449D80D3413C056B6DCC", "header": "Clarifying authority of United States district courts to hear cases", "nested": [ { "text": "(a) In general \nSection 1344 of title 28, United States Code, is repealed.", "id": "H9BA299EE666E421DAE871FCAFD28D349", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Continuing authority of courts To hear cases under other existing authority \nNothing in this part may be construed to affect the authority of district courts of the United States to exercise jurisdiction pursuant to existing provisions of law, including sections 1331, 1343(a)(3), and 1343(a)(4) of title 28, United States Code, in any cases arising under the Constitution, laws, or treaties of the United States concerning the administration, conduct, or results of an election for Federal office or state legislative office.", "id": "H2B45499A98BF4B82AEAD1F95291C5EEC", "header": "Continuing authority of courts To hear cases under other existing authority", "nested": [], "links": [] }, { "text": "(c) Clerical amendment \nThe table of sections for chapter 85 of title 28, United States Code, is amended by striking the item relating to section 1344.", "id": "H93299CFB75A0408CA687DE88C95B0347", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 85", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/85" } ] } ], "links": [ { "text": "chapter 85", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/85" } ] }, { "text": "3413. Effective date \nThis part and the amendments made by this part shall apply to actions brought on or after the date of the enactment of this Act and to actions brought before the date of enactment of this Act which are pending as of such date.", "id": "H231EC00135FF475490A4DCE013DA70B4", "header": "Effective date", "nested": [], "links": [] }, { "text": "3501. Grants to States for poll worker recruitment and training \n(a) Grants by Election Assistance Commission \n(1) In general \nThe Election Assistance Commission (hereafter referred to as the Commission ) shall, subject to the availability of appropriations provided to carry out this section, make a grant to each eligible State for recruiting and training individuals to serve as poll workers on dates of elections for public office. (2) Use of Commission materials \nIn carrying out activities with a grant provided under this section, the recipient of the grant shall use the manual prepared by the Commission on successful practices for poll worker recruiting, training, and retention as an interactive training tool, and shall develop training programs with the participation and input of experts in adult learning. (3) Access and cultural considerations \nThe Commission shall ensure that the manual described in paragraph (2) provides training in methods that will enable poll workers to provide access and delivery of services in a culturally competent manner to all voters who use their services, including those with limited English proficiency, diverse cultural and ethnic backgrounds, disabilities, and regardless of gender, sexual orientation, or gender identity. These methods must ensure that each voter will have access to poll worker services that are delivered in a manner that meets the unique needs of the voter. (b) Requirements for Eligibility \n(1) Application \nEach State that desires to receive a payment under this section shall submit an application for the payment to the Commission at such time and in such manner and containing such information as the Commission shall require. (2) Contents of Application \nEach application submitted under paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; (B) provide assurances that the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities; (C) provide assurances that the State will furnish the Commission with information on the number of individuals who served as poll workers after recruitment and training with the funds provided under this section; (D) provide assurances that the State will dedicate poll worker recruitment efforts with respect to— (i) youth and minors, including by recruiting at institutions of higher education and secondary education; and (ii) diversity, including with respect to race, ethnicity, and disability; and (E) provide such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section. (c) Amount of Grant \n(1) In general \nThe amount of a grant made to a State under this section shall be equal to the product of— (A) the aggregate amount made available for grants to States under this section; and (B) the voting age population percentage for the State. (2) Voting age population percentage defined \nIn paragraph (1), the voting age population percentage for a State is the quotient of— (A) the voting age population of the State (as determined on the basis of the most recent information available from the Bureau of the Census); and (B) the total voting age population of all States (as determined on the basis of the most recent information available from the Bureau of the Census). (d) Reports to Congress \n(1) Reports by recipients of grants \nNot later than 6 months after the date on which the final grant is made under this section, each recipient of a grant shall submit a report to the Commission on the activities conducted with the funds provided by the grant. (2) Reports by Commission \nNot later than 1 year after the date on which the final grant is made under this section, the Commission shall submit a report to Congress on the grants made under this section and the activities carried out by recipients with the grants, and shall include in the report such recommendations as the Commission considers appropriate. (e) Funding \n(1) Continuing availability of amount appropriated \nAny amount appropriated to carry out this section shall remain available without fiscal year limitation until expended. (2) Administrative expenses \nOf the amount appropriated for any fiscal year to carry out this section, not more than 3 percent shall be available for administrative expenses of the Commission.", "id": "H6E6FDFE4E8604F23B073966AA83225B7", "header": "Grants to States for poll worker recruitment and training", "nested": [ { "text": "(a) Grants by Election Assistance Commission \n(1) In general \nThe Election Assistance Commission (hereafter referred to as the Commission ) shall, subject to the availability of appropriations provided to carry out this section, make a grant to each eligible State for recruiting and training individuals to serve as poll workers on dates of elections for public office. (2) Use of Commission materials \nIn carrying out activities with a grant provided under this section, the recipient of the grant shall use the manual prepared by the Commission on successful practices for poll worker recruiting, training, and retention as an interactive training tool, and shall develop training programs with the participation and input of experts in adult learning. (3) Access and cultural considerations \nThe Commission shall ensure that the manual described in paragraph (2) provides training in methods that will enable poll workers to provide access and delivery of services in a culturally competent manner to all voters who use their services, including those with limited English proficiency, diverse cultural and ethnic backgrounds, disabilities, and regardless of gender, sexual orientation, or gender identity. These methods must ensure that each voter will have access to poll worker services that are delivered in a manner that meets the unique needs of the voter.", "id": "H437B0BA2372749F497DAC03C5C56116B", "header": "Grants by Election Assistance Commission", "nested": [], "links": [] }, { "text": "(b) Requirements for Eligibility \n(1) Application \nEach State that desires to receive a payment under this section shall submit an application for the payment to the Commission at such time and in such manner and containing such information as the Commission shall require. (2) Contents of Application \nEach application submitted under paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; (B) provide assurances that the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities; (C) provide assurances that the State will furnish the Commission with information on the number of individuals who served as poll workers after recruitment and training with the funds provided under this section; (D) provide assurances that the State will dedicate poll worker recruitment efforts with respect to— (i) youth and minors, including by recruiting at institutions of higher education and secondary education; and (ii) diversity, including with respect to race, ethnicity, and disability; and (E) provide such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section.", "id": "H61A0C38AD01249778C8216F5F3DEFD4A", "header": "Requirements for Eligibility", "nested": [], "links": [] }, { "text": "(c) Amount of Grant \n(1) In general \nThe amount of a grant made to a State under this section shall be equal to the product of— (A) the aggregate amount made available for grants to States under this section; and (B) the voting age population percentage for the State. (2) Voting age population percentage defined \nIn paragraph (1), the voting age population percentage for a State is the quotient of— (A) the voting age population of the State (as determined on the basis of the most recent information available from the Bureau of the Census); and (B) the total voting age population of all States (as determined on the basis of the most recent information available from the Bureau of the Census).", "id": "H018FC6BADC1A49D1AEB4CB0D5CDF21E8", "header": "Amount of Grant", "nested": [], "links": [] }, { "text": "(d) Reports to Congress \n(1) Reports by recipients of grants \nNot later than 6 months after the date on which the final grant is made under this section, each recipient of a grant shall submit a report to the Commission on the activities conducted with the funds provided by the grant. (2) Reports by Commission \nNot later than 1 year after the date on which the final grant is made under this section, the Commission shall submit a report to Congress on the grants made under this section and the activities carried out by recipients with the grants, and shall include in the report such recommendations as the Commission considers appropriate.", "id": "H64AFFF70610F4581A79DBA827D7819EB", "header": "Reports to Congress", "nested": [], "links": [] }, { "text": "(e) Funding \n(1) Continuing availability of amount appropriated \nAny amount appropriated to carry out this section shall remain available without fiscal year limitation until expended. (2) Administrative expenses \nOf the amount appropriated for any fiscal year to carry out this section, not more than 3 percent shall be available for administrative expenses of the Commission.", "id": "H6C2135DD0FC0480091551DD2E33B93CF", "header": "Funding", "nested": [], "links": [] } ], "links": [] }, { "text": "3502. State defined \nIn this subtitle, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.", "id": "H35CAFDA22E754A339EDA180E2FB6E3A5", "header": "State defined", "nested": [], "links": [] }, { "text": "3601. Protections for voters on Election Day \n(a) Requirements \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended by inserting after section 303 the following new section: 303A. Voter protection requirements \n(a) Requirements for challenges by persons other than election officials \n(1) Requirements for challenges \nNo person, other than a State or local election official, shall submit a formal challenge to an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office unless that challenge is supported by personal knowledge with respect to each individual challenged regarding the grounds for ineligibility which is— (A) documented in writing; and (B) subject to an oath or attestation under penalty of perjury that the challenger has a good faith factual basis to believe that the individual who is the subject of the challenge is ineligible to register to vote or vote in that election, except a challenge which is based on the race, ethnicity, or national origin of the individual who is the subject of the challenge may not be considered to have a good faith factual basis for purposes of this paragraph. (2) Prohibition on challenges on or near date of election \nNo person, other than a State or local election official, shall be permitted— (A) to challenge an individual’s eligibility to vote in an election for Federal office on the date of the election on grounds that could have been made in advance of such date; or (B) to challenge an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office less than 10 days before the election unless the individual registered to vote less than 20 days before the election. (b) Buffer rule \n(1) In general \nA person who is serving as a poll observer with respect to an election for Federal office may not come within 8 feet of— (A) a voter or ballot at a polling location during any period of voting (including any period of early voting) in such election; or (B) a ballot at any time during which the processing, scanning, tabulating, canvassing, or certifying voting results is occurring. (2) Rule of construction \nNothing in paragraph (1) may be construed to limit the ability of a State or local election official to require poll observers to maintain a distance greater than 8 feet. (c) Effective date \nThis section shall apply with respect to elections for Federal office occurring on and after January 1, 2024.. (b) Conforming amendment relating to voluntary guidance \nSection 321(b)(4) of such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b) and as amended by sections 1102, 1103, 1104, and 1303, is amended by striking and 313 and inserting 313, and 303A. (c) Clerical amendment \nThe table of contents of such Act is amended by inserting after the item relating to section 303 the following: Sec. 303A. Voter protection requirements..", "id": "H50975E6C3AE04A53B501A4A6D577F8E2", "header": "Protections for voters on Election Day", "nested": [ { "text": "(a) Requirements \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended by inserting after section 303 the following new section: 303A. Voter protection requirements \n(a) Requirements for challenges by persons other than election officials \n(1) Requirements for challenges \nNo person, other than a State or local election official, shall submit a formal challenge to an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office unless that challenge is supported by personal knowledge with respect to each individual challenged regarding the grounds for ineligibility which is— (A) documented in writing; and (B) subject to an oath or attestation under penalty of perjury that the challenger has a good faith factual basis to believe that the individual who is the subject of the challenge is ineligible to register to vote or vote in that election, except a challenge which is based on the race, ethnicity, or national origin of the individual who is the subject of the challenge may not be considered to have a good faith factual basis for purposes of this paragraph. (2) Prohibition on challenges on or near date of election \nNo person, other than a State or local election official, shall be permitted— (A) to challenge an individual’s eligibility to vote in an election for Federal office on the date of the election on grounds that could have been made in advance of such date; or (B) to challenge an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office less than 10 days before the election unless the individual registered to vote less than 20 days before the election. (b) Buffer rule \n(1) In general \nA person who is serving as a poll observer with respect to an election for Federal office may not come within 8 feet of— (A) a voter or ballot at a polling location during any period of voting (including any period of early voting) in such election; or (B) a ballot at any time during which the processing, scanning, tabulating, canvassing, or certifying voting results is occurring. (2) Rule of construction \nNothing in paragraph (1) may be construed to limit the ability of a State or local election official to require poll observers to maintain a distance greater than 8 feet. (c) Effective date \nThis section shall apply with respect to elections for Federal office occurring on and after January 1, 2024..", "id": "H96778F6B436D4D99A54CA84C8689EB1C", "header": "Requirements", "nested": [], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "(b) Conforming amendment relating to voluntary guidance \nSection 321(b)(4) of such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b) and as amended by sections 1102, 1103, 1104, and 1303, is amended by striking and 313 and inserting 313, and 303A.", "id": "H9BB79EC5A89C4E3BA4F18533D307C2E9", "header": "Conforming amendment relating to voluntary guidance", "nested": [], "links": [ { "text": "52 U.S.C. 21101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21101" } ] }, { "text": "(c) Clerical amendment \nThe table of contents of such Act is amended by inserting after the item relating to section 303 the following: Sec. 303A. Voter protection requirements..", "id": "HB6ADA56C435247109BC3FD790639906F", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 21101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21101" } ] }, { "text": "303A. Voter protection requirements \n(a) Requirements for challenges by persons other than election officials \n(1) Requirements for challenges \nNo person, other than a State or local election official, shall submit a formal challenge to an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office unless that challenge is supported by personal knowledge with respect to each individual challenged regarding the grounds for ineligibility which is— (A) documented in writing; and (B) subject to an oath or attestation under penalty of perjury that the challenger has a good faith factual basis to believe that the individual who is the subject of the challenge is ineligible to register to vote or vote in that election, except a challenge which is based on the race, ethnicity, or national origin of the individual who is the subject of the challenge may not be considered to have a good faith factual basis for purposes of this paragraph. (2) Prohibition on challenges on or near date of election \nNo person, other than a State or local election official, shall be permitted— (A) to challenge an individual’s eligibility to vote in an election for Federal office on the date of the election on grounds that could have been made in advance of such date; or (B) to challenge an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office less than 10 days before the election unless the individual registered to vote less than 20 days before the election. (b) Buffer rule \n(1) In general \nA person who is serving as a poll observer with respect to an election for Federal office may not come within 8 feet of— (A) a voter or ballot at a polling location during any period of voting (including any period of early voting) in such election; or (B) a ballot at any time during which the processing, scanning, tabulating, canvassing, or certifying voting results is occurring. (2) Rule of construction \nNothing in paragraph (1) may be construed to limit the ability of a State or local election official to require poll observers to maintain a distance greater than 8 feet. (c) Effective date \nThis section shall apply with respect to elections for Federal office occurring on and after January 1, 2024.", "id": "H40BFC2C7D58C4F64BA017128B01B799E", "header": "Voter protection requirements", "nested": [ { "text": "(a) Requirements for challenges by persons other than election officials \n(1) Requirements for challenges \nNo person, other than a State or local election official, shall submit a formal challenge to an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office unless that challenge is supported by personal knowledge with respect to each individual challenged regarding the grounds for ineligibility which is— (A) documented in writing; and (B) subject to an oath or attestation under penalty of perjury that the challenger has a good faith factual basis to believe that the individual who is the subject of the challenge is ineligible to register to vote or vote in that election, except a challenge which is based on the race, ethnicity, or national origin of the individual who is the subject of the challenge may not be considered to have a good faith factual basis for purposes of this paragraph. (2) Prohibition on challenges on or near date of election \nNo person, other than a State or local election official, shall be permitted— (A) to challenge an individual’s eligibility to vote in an election for Federal office on the date of the election on grounds that could have been made in advance of such date; or (B) to challenge an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office less than 10 days before the election unless the individual registered to vote less than 20 days before the election.", "id": "H97E3ADD3E84E4D2F997F5087B6E0DC4F", "header": "Requirements for challenges by persons other than election officials", "nested": [], "links": [] }, { "text": "(b) Buffer rule \n(1) In general \nA person who is serving as a poll observer with respect to an election for Federal office may not come within 8 feet of— (A) a voter or ballot at a polling location during any period of voting (including any period of early voting) in such election; or (B) a ballot at any time during which the processing, scanning, tabulating, canvassing, or certifying voting results is occurring. (2) Rule of construction \nNothing in paragraph (1) may be construed to limit the ability of a State or local election official to require poll observers to maintain a distance greater than 8 feet.", "id": "H7B6CBD55365944C0B6F27BD0BA4953F1", "header": "Buffer rule", "nested": [], "links": [] }, { "text": "(c) Effective date \nThis section shall apply with respect to elections for Federal office occurring on and after January 1, 2024.", "id": "HDD205E05291B400FBB0236663DC8B63B", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "3701. Short title; findings \n(a) Short title \nThis subtitle may be cited as the Voters’ Access to Water Act. (b) Findings \nCongress finds the following: (1) States have a legitimate interest in prohibiting electioneering at or near polling places, and each State has some form of restriction on political activities near polling places when voting is taking place. (2) In recent elections, voters have waited in unacceptably long lines to cast their ballot. During the 2018 midterm election, more than 3,000,000 voters were made to wait longer than the acceptable threshold for wait times set by the Presidential Commission on Election Administration, including many well-documented cases where voters were made to wait for several hours. A disproportionate number of those who had to wait long periods were Black or Latino voters, who were more likely than White voters to wait in the longest lines on Election Day. (3) Allowing volunteers to donate food and water to all people waiting in line at a polling place, regardless of the voters’ political preference and without engaging in electioneering activities or partisan advocacy, helps ensure Americans who face long lines at their polling place can still exercise their constitutional right to vote, without risk of dehydration, inadequate food, discomfort, and risks to health.", "id": "H232FEBB9A06D43B3A160102251917C87", "header": "Short title; findings", "nested": [ { "text": "(a) Short title \nThis subtitle may be cited as the Voters’ Access to Water Act.", "id": "H35743BCDD4864A18A19BB4FFF0C7A08B", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Findings \nCongress finds the following: (1) States have a legitimate interest in prohibiting electioneering at or near polling places, and each State has some form of restriction on political activities near polling places when voting is taking place. (2) In recent elections, voters have waited in unacceptably long lines to cast their ballot. During the 2018 midterm election, more than 3,000,000 voters were made to wait longer than the acceptable threshold for wait times set by the Presidential Commission on Election Administration, including many well-documented cases where voters were made to wait for several hours. A disproportionate number of those who had to wait long periods were Black or Latino voters, who were more likely than White voters to wait in the longest lines on Election Day. (3) Allowing volunteers to donate food and water to all people waiting in line at a polling place, regardless of the voters’ political preference and without engaging in electioneering activities or partisan advocacy, helps ensure Americans who face long lines at their polling place can still exercise their constitutional right to vote, without risk of dehydration, inadequate food, discomfort, and risks to health.", "id": "H510870365ABF4B809D56EF5DC9C04F35", "header": "Findings", "nested": [], "links": [] } ], "links": [] }, { "text": "3702. Prohibiting restrictions on donations of food and beverages at polling stations \n(a) Requirement \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), section 1303(b), section 1305(a), section 1606(a)(1), section 1607(a), and section 1624(a) is amended— (1) by redesignating sections 318 and 319 as sections 319 and 320, respectively; and (2) by inserting after section 317 the following new section: 318. Prohibiting States from restricting donations of food and beverages at polling stations \n(a) Prohibition \nSubject to the exception in subsection (b), a State may not impose any restriction on the donation of food and nonalcoholic beverages to persons outside of the entrance to the building where a polling place for a Federal election is located, provided that such food and nonalcoholic beverages are distributed without regard to the electoral participation or political preferences of the recipients. (b) Exception \nA State may require persons distributing food and nonalcoholic beverages outside the entrance to the building where a polling place for a Federal election is located to refrain from political or electioneering activity. (c) Effective date \nThis section shall apply with respect to elections for Federal office occurring on and after January 1, 2024.. (b) Voluntary guidance \nSection 321(b)(4) of such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b) and as amended by sections 1102, 1103, 1104, 1303, and 3601(b), is amended by striking and 303A and inserting 303A, and 317. (c) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), section 1305(a), section 1606(a)(3), section 1607(b), and section 1624(b) is amended— (1) by redesignating the items relating to sections 318 and 319 as relating to sections 319 and 320, respectively; and (2) by inserting after the item relating to section 317 the following new item: Sec. 318. Prohibiting States from restricting donations of food and beverages at polling stations..", "id": "H4FACA938C15D42B48446D48B7437CCED", "header": "Prohibiting restrictions on donations of food and beverages at polling stations", "nested": [ { "text": "(a) Requirement \nSubtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), section 1303(b), section 1305(a), section 1606(a)(1), section 1607(a), and section 1624(a) is amended— (1) by redesignating sections 318 and 319 as sections 319 and 320, respectively; and (2) by inserting after section 317 the following new section: 318. Prohibiting States from restricting donations of food and beverages at polling stations \n(a) Prohibition \nSubject to the exception in subsection (b), a State may not impose any restriction on the donation of food and nonalcoholic beverages to persons outside of the entrance to the building where a polling place for a Federal election is located, provided that such food and nonalcoholic beverages are distributed without regard to the electoral participation or political preferences of the recipients. (b) Exception \nA State may require persons distributing food and nonalcoholic beverages outside the entrance to the building where a polling place for a Federal election is located to refrain from political or electioneering activity. (c) Effective date \nThis section shall apply with respect to elections for Federal office occurring on and after January 1, 2024..", "id": "H8E72C0F6C8EB43D596E8A3D7480E56C1", "header": "Requirement", "nested": [], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "(b) Voluntary guidance \nSection 321(b)(4) of such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b) and as amended by sections 1102, 1103, 1104, 1303, and 3601(b), is amended by striking and 303A and inserting 303A, and 317.", "id": "H9356CEB1386F4BDEA322430320455DFB", "header": "Voluntary guidance", "nested": [], "links": [ { "text": "52 U.S.C. 21101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21101" } ] }, { "text": "(c) Clerical amendments \nThe table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), section 1305(a), section 1606(a)(3), section 1607(b), and section 1624(b) is amended— (1) by redesignating the items relating to sections 318 and 319 as relating to sections 319 and 320, respectively; and (2) by inserting after the item relating to section 317 the following new item: Sec. 318. Prohibiting States from restricting donations of food and beverages at polling stations..", "id": "HA54B9866BF1A401FA3B2B0D9FB9657F0", "header": "Clerical amendments", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 21101(b)", "legal-doc": "usc", "parsable-cite": "usc/52/21101" } ] }, { "text": "318. Prohibiting States from restricting donations of food and beverages at polling stations \n(a) Prohibition \nSubject to the exception in subsection (b), a State may not impose any restriction on the donation of food and nonalcoholic beverages to persons outside of the entrance to the building where a polling place for a Federal election is located, provided that such food and nonalcoholic beverages are distributed without regard to the electoral participation or political preferences of the recipients. (b) Exception \nA State may require persons distributing food and nonalcoholic beverages outside the entrance to the building where a polling place for a Federal election is located to refrain from political or electioneering activity. (c) Effective date \nThis section shall apply with respect to elections for Federal office occurring on and after January 1, 2024.", "id": "HCF41BC202A2148AFBA044C63F133452B", "header": "Prohibiting States from restricting donations of food and beverages at polling stations", "nested": [ { "text": "(a) Prohibition \nSubject to the exception in subsection (b), a State may not impose any restriction on the donation of food and nonalcoholic beverages to persons outside of the entrance to the building where a polling place for a Federal election is located, provided that such food and nonalcoholic beverages are distributed without regard to the electoral participation or political preferences of the recipients.", "id": "H9C65FB9FC6C840D992FDD4D8B1D70F40", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Exception \nA State may require persons distributing food and nonalcoholic beverages outside the entrance to the building where a polling place for a Federal election is located to refrain from political or electioneering activity.", "id": "HCC40B60F73904BCEA047B37AAFB23FE9", "header": "Exception", "nested": [], "links": [] }, { "text": "(c) Effective date \nThis section shall apply with respect to elections for Federal office occurring on and after January 1, 2024.", "id": "HD140E70D6DBC4ADDAB7675FA8016C74D", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "3801. Findings relating to illicit money undermining our democracy \nCongress finds the following: (1) Criminals, terrorists, and corrupt government officials frequently abuse anonymously held Limited Liability Companies (LLCs), also known as shell companies , to hide, move, and launder the dirty money derived from illicit activities such as trafficking, bribery, exploitation, and embezzlement. Ownership and control of the finances that run through shell companies are obscured to regulators and law enforcement because little information is required and collected when establishing these entities. (2) The public release of the Panama Papers in 2016 and the Paradise Papers in 2017 revealed that these shell companies often purchase and sell United States real estate. United States anti-money laundering laws do not apply to cash transactions involving real estate, effectively concealing the beneficiaries and transactions from regulators and law enforcement. (3) Since the Supreme Court’s decisions in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), billions of dollars have flowed into super PACs through LLCs whose funders are anonymous or intentionally obscured. Criminal investigations have uncovered LLCs that were used to hide illegal campaign contributions from foreign criminal fugitives, to advance international influence-buying schemes, and to conceal contributions from donors who were already under investigation for bribery and racketeering. Voters have no way to know the true sources of the money being routed through these LLCs to influence elections, including whether any of the funds come from foreign or other illicit sources. (4) Congress should curb the use of anonymous shell companies for illicit purposes by requiring United States companies to disclose their beneficial owners, strengthening anti-money laundering and counter-terrorism finance laws. (5) Congress should examine the money laundering and terrorist financing risks in the real estate market, including the role of anonymous parties, and review legislation to address any vulnerabilities identified in this sector. (6) Congress should examine the methods by which corruption flourishes and the means to detect and deter the financial misconduct that fuels this driver of global instability. Congress should monitor government efforts to enforce United States anticorruption laws and regulations.", "id": "H7BF63AC5C471423680C714EBD0C0886E", "header": "Findings relating to illicit money undermining our democracy", "nested": [], "links": [] }, { "text": "3802. Federal campaign reporting of foreign contacts \n(a) Initial notice \n(1) 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 reportable foreign contacts \n(1) Committee obligation to notify \nNot later than 1 week after a reportable foreign contact, each political committee shall notify the Federal Bureau of Investigation and the Commission of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. The Federal Bureau of Investigation, not later than 1 week after receiving a notification from a political committee under this paragraph, shall submit to the political committee, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate written or electronic confirmation of receipt of the notification. (2) Individual obligation to notify \nNot later than 3 days after a reportable foreign contact— (A) each candidate and each immediate family member of a candidate shall notify the treasurer or other designated official of the principal campaign committee of such candidate of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact; and (B) each official, employee, or agent of a political committee shall notify the treasurer or other designated official of the committee of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. (3) Reportable foreign contact \nIn this subsection: (A) In general \nThe term reportable foreign contact means any direct or indirect contact or communication that— (i) is between— (I) a candidate, an immediate family member of the candidate, a political committee, or any official, employee, or agent of such committee; and (II) an individual that the person described in subclause (I) knows, has reason to know, or reasonably believes is a covered foreign national; and (ii) the person described in clause (i)(I) knows, has reason to know, or reasonably believes involves— (I) an offer or other proposal for a contribution, donation, expenditure, disbursement, or solicitation described in section 319; or (II) direct or indirect coordination or collaboration with, or a direct or indirect offer or provision of information or services to or from, a covered foreign national in connection with an election. (B) Exceptions \n(i) Contacts in official capacity as elected official \nThe term reportable foreign contact shall not include any contact or communication with a covered foreign national by an elected official or an employee of an elected official solely in an official capacity as such an official or employee. (ii) Contacts for purposes of enabling observation of elections by international observers \nThe term reportable foreign contact shall not include any contact or communication with a covered foreign national by any person which is made for purposes of enabling the observation of elections in the United States by a foreign national or the observation of elections outside of the United States by a candidate, political committee, or any official, employee, or agent of such committee. (iii) Exceptions not applicable if contacts or communications involve prohibited disbursements \nA contact or communication by an elected official or an employee of an elected official shall not be considered to be made solely in an official capacity for purposes of clause (i), and a contact or communication shall not be considered to be made for purposes of enabling the observation of elections for purposes of clause (ii), if the contact or communication involves a contribution, donation, expenditure, disbursement, or solicitation described in section 319. (C) Covered foreign national defined \n(i) In general \nIn this paragraph, the 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 subclause (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 subclause (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 subclause (I). (ii) Clarification regarding application to citizens of the United States \nIn the case of a citizen of the United States, subclause (II) of clause (i) 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 subclause (I) of clause (i). (4) Immediate family member \nIn this subsection, the term immediate family member means, with respect to a candidate, a parent, parent-in-law, spouse, adult child, or sibling.. (2) Effective date \nThe amendment made by paragraph (1) shall apply with respect to reportable foreign contacts which occur on or after the date of the enactment of this Act. (b) Information included on report \n(1) In general \nSection 304(b) of such Act ( 52 U.S.C. 30104(b) ) is amended— (A) by striking and at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ; and ; and (C) by adding at the end the following new paragraph: (9) for any reportable foreign contact (as defined in subsection (j)(3))— (A) the date, time, and location of the contact; (B) the date and time of when a designated official of the committee was notified of the contact; (C) the identity of individuals involved; and (D) a description of the contact, including the nature of any contribution, donation, expenditure, disbursement, or solicitation involved and the nature of any activity described in subsection (j)(3)(A)(ii)(II) involved.. (2) Effective date \nThe amendments made by paragraph (1) shall apply with respect to reports filed on or after the expiration of the 60-day period which begins on the date of the enactment of this Act.", "id": "H882E052461D34464A38427959EDE0094", "header": "Federal campaign reporting of foreign contacts", "nested": [ { "text": "(a) Initial notice \n(1) 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 reportable foreign contacts \n(1) Committee obligation to notify \nNot later than 1 week after a reportable foreign contact, each political committee shall notify the Federal Bureau of Investigation and the Commission of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. The Federal Bureau of Investigation, not later than 1 week after receiving a notification from a political committee under this paragraph, shall submit to the political committee, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate written or electronic confirmation of receipt of the notification. (2) Individual obligation to notify \nNot later than 3 days after a reportable foreign contact— (A) each candidate and each immediate family member of a candidate shall notify the treasurer or other designated official of the principal campaign committee of such candidate of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact; and (B) each official, employee, or agent of a political committee shall notify the treasurer or other designated official of the committee of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. (3) Reportable foreign contact \nIn this subsection: (A) In general \nThe term reportable foreign contact means any direct or indirect contact or communication that— (i) is between— (I) a candidate, an immediate family member of the candidate, a political committee, or any official, employee, or agent of such committee; and (II) an individual that the person described in subclause (I) knows, has reason to know, or reasonably believes is a covered foreign national; and (ii) the person described in clause (i)(I) knows, has reason to know, or reasonably believes involves— (I) an offer or other proposal for a contribution, donation, expenditure, disbursement, or solicitation described in section 319; or (II) direct or indirect coordination or collaboration with, or a direct or indirect offer or provision of information or services to or from, a covered foreign national in connection with an election. (B) Exceptions \n(i) Contacts in official capacity as elected official \nThe term reportable foreign contact shall not include any contact or communication with a covered foreign national by an elected official or an employee of an elected official solely in an official capacity as such an official or employee. (ii) Contacts for purposes of enabling observation of elections by international observers \nThe term reportable foreign contact shall not include any contact or communication with a covered foreign national by any person which is made for purposes of enabling the observation of elections in the United States by a foreign national or the observation of elections outside of the United States by a candidate, political committee, or any official, employee, or agent of such committee. (iii) Exceptions not applicable if contacts or communications involve prohibited disbursements \nA contact or communication by an elected official or an employee of an elected official shall not be considered to be made solely in an official capacity for purposes of clause (i), and a contact or communication shall not be considered to be made for purposes of enabling the observation of elections for purposes of clause (ii), if the contact or communication involves a contribution, donation, expenditure, disbursement, or solicitation described in section 319. (C) Covered foreign national defined \n(i) In general \nIn this paragraph, the 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 subclause (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 subclause (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 subclause (I). (ii) Clarification regarding application to citizens of the United States \nIn the case of a citizen of the United States, subclause (II) of clause (i) 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 subclause (I) of clause (i). (4) Immediate family member \nIn this subsection, the term immediate family member means, with respect to a candidate, a parent, parent-in-law, spouse, adult child, or sibling.. (2) Effective date \nThe amendment made by paragraph (1) shall apply with respect to reportable foreign contacts which occur on or after the date of the enactment of this Act.", "id": "HBBC3722BAA164A3192892CDB6F2C7C82", "header": "Initial notice", "nested": [], "links": [ { "text": "52 U.S.C. 30104", "legal-doc": "usc", "parsable-cite": "usc/52/30104" }, { "text": "22 U.S.C. 611(b)", "legal-doc": "usc", "parsable-cite": "usc/22/611" } ] }, { "text": "(b) Information included on report \n(1) In general \nSection 304(b) of such Act ( 52 U.S.C. 30104(b) ) is amended— (A) by striking and at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ; and ; and (C) by adding at the end the following new paragraph: (9) for any reportable foreign contact (as defined in subsection (j)(3))— (A) the date, time, and location of the contact; (B) the date and time of when a designated official of the committee was notified of the contact; (C) the identity of individuals involved; and (D) a description of the contact, including the nature of any contribution, donation, expenditure, disbursement, or solicitation involved and the nature of any activity described in subsection (j)(3)(A)(ii)(II) involved.. (2) Effective date \nThe amendments made by paragraph (1) shall apply with respect to reports filed on or after the expiration of the 60-day period which begins on the date of the enactment of this Act.", "id": "H4AF833FD529D49DA9708E4C3BAC82A28", "header": "Information included on report", "nested": [], "links": [ { "text": "52 U.S.C. 30104(b)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] } ], "links": [ { "text": "52 U.S.C. 30104", "legal-doc": "usc", "parsable-cite": "usc/52/30104" }, { "text": "22 U.S.C. 611(b)", "legal-doc": "usc", "parsable-cite": "usc/22/611" }, { "text": "52 U.S.C. 30104(b)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] }, { "text": "3803. Federal campaign foreign contact reporting compliance system \n(a) In general \nSection 302 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102 ) is amended by adding at the end the following new subsection: (j) Reportable foreign contacts compliance policy \n(1) Reporting \nEach political committee shall establish a policy that requires all officials, employees, and agents of such committee (and, in the case of an authorized committee, the candidate and each immediate family member of the candidate) to notify the treasurer or other appropriate designated official of the committee of any reportable foreign contact (as defined in section 304(j)) not later than 3 days after such contact was made. (2) Retention and preservation of records \nEach political committee shall establish a policy that provides for the retention and preservation of records and information related to reportable foreign contacts (as so defined) for a period of not less than 3 years. (3) Certification \n(A) In general \nUpon filing its statement of organization under section 303(a), and with each report filed under section 304(a), the treasurer of each political committee (other than an authorized committee) shall certify that— (i) the committee has in place policies that meet the requirements of paragraphs (1) and (2); (ii) the committee has designated an official to monitor compliance with such policies; and (iii) not later than 1 week after the beginning of any formal or informal affiliation with the committee, all officials, employees, and agents of such committee will— (I) receive notice of such policies; (II) be informed of the prohibitions under section 319; and (III) sign a certification affirming their understanding of such policies and prohibitions. (B) Authorized committees \nWith respect to an authorized committee, the candidate shall make the certification required under subparagraph (A).. (b) Effective date \n(1) In general \nThe amendment made by subsection (a) shall apply with respect to political committees which file a statement of organization under section 303(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30103(a) ) on or after the date of the enactment of this Act. (2) Transition rule for existing committees \nNot later than 30 days after the date of the enactment of this Act, each political committee under the Federal Election Campaign Act of 1971 shall file a certification with the Federal Election Commission that the committee is in compliance with the requirements of section 302(j) of such Act (as added by subsection (a)).", "id": "HC3A225BF621342D7BE856880BC190B3A", "header": "Federal campaign foreign contact reporting compliance system", "nested": [ { "text": "(a) In general \nSection 302 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102 ) is amended by adding at the end the following new subsection: (j) Reportable foreign contacts compliance policy \n(1) Reporting \nEach political committee shall establish a policy that requires all officials, employees, and agents of such committee (and, in the case of an authorized committee, the candidate and each immediate family member of the candidate) to notify the treasurer or other appropriate designated official of the committee of any reportable foreign contact (as defined in section 304(j)) not later than 3 days after such contact was made. (2) Retention and preservation of records \nEach political committee shall establish a policy that provides for the retention and preservation of records and information related to reportable foreign contacts (as so defined) for a period of not less than 3 years. (3) Certification \n(A) In general \nUpon filing its statement of organization under section 303(a), and with each report filed under section 304(a), the treasurer of each political committee (other than an authorized committee) shall certify that— (i) the committee has in place policies that meet the requirements of paragraphs (1) and (2); (ii) the committee has designated an official to monitor compliance with such policies; and (iii) not later than 1 week after the beginning of any formal or informal affiliation with the committee, all officials, employees, and agents of such committee will— (I) receive notice of such policies; (II) be informed of the prohibitions under section 319; and (III) sign a certification affirming their understanding of such policies and prohibitions. (B) Authorized committees \nWith respect to an authorized committee, the candidate shall make the certification required under subparagraph (A)..", "id": "H3CB12503E186410898E21E785B6F5E08", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 30102", "legal-doc": "usc", "parsable-cite": "usc/52/30102" } ] }, { "text": "(b) Effective date \n(1) In general \nThe amendment made by subsection (a) shall apply with respect to political committees which file a statement of organization under section 303(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30103(a) ) on or after the date of the enactment of this Act. (2) Transition rule for existing committees \nNot later than 30 days after the date of the enactment of this Act, each political committee under the Federal Election Campaign Act of 1971 shall file a certification with the Federal Election Commission that the committee is in compliance with the requirements of section 302(j) of such Act (as added by subsection (a)).", "id": "HA35294311C2D42D4B266FE9FAA9F44B6", "header": "Effective date", "nested": [], "links": [ { "text": "52 U.S.C. 30103(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30103" } ] } ], "links": [ { "text": "52 U.S.C. 30102", "legal-doc": "usc", "parsable-cite": "usc/52/30102" }, { "text": "52 U.S.C. 30103(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30103" } ] }, { "text": "3804. Criminal penalties \nSection 309(d)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(d)(1) ) is amended by adding at the end the following new subparagraphs: (E) Any person who knowingly and willfully commits a violation of subsection (j) or (b)(9) of section 304 or section 302(j) shall be fined not more than $500,000, imprisoned not more than 5 years, or both. (F) Any person who knowingly and willfully conceals or destroys any materials relating to a reportable foreign contact (as defined in section 304(j)) shall be fined not more than $1,000,000, imprisoned not more than 5 years, or both..", "id": "H43CB1D6E9A5E45CBBAC141B348AA91FE", "header": "Criminal penalties", "nested": [], "links": [ { "text": "52 U.S.C. 30109(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30109" } ] }, { "text": "3805. Report to congressional intelligence committees \n(a) In general \nNot later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees a report relating to notifications received by the Federal Bureau of Investigation under section 304(j)(1) of the Federal Election Campaign Act of 1971 (as added by section 4902(a) of this Act). (b) Elements \nEach report under subsection (a) shall include, at a minimum, the following with respect to notifications described in subsection (a): (1) The number of such notifications received from political committees during the year covered by the report. (2) A description of protocols and procedures developed by the Federal Bureau of Investigation relating to receipt and maintenance of records relating to such notifications. (3) With respect to such notifications received during the year covered by the report, a description of any subsequent actions taken by the Director resulting from the receipt of such notifications. (c) Congressional intelligence committees defined \nIn this section, the term congressional intelligence committees has the meaning given that term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ).", "id": "H429CAE0E6FAC47BCA536F63A37B77E25", "header": "Report to congressional intelligence committees", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees a report relating to notifications received by the Federal Bureau of Investigation under section 304(j)(1) of the Federal Election Campaign Act of 1971 (as added by section 4902(a) of this Act).", "id": "H397CFE5C3A88475FAFD70CC00E7EFF61", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nEach report under subsection (a) shall include, at a minimum, the following with respect to notifications described in subsection (a): (1) The number of such notifications received from political committees during the year covered by the report. (2) A description of protocols and procedures developed by the Federal Bureau of Investigation relating to receipt and maintenance of records relating to such notifications. (3) With respect to such notifications received during the year covered by the report, a description of any subsequent actions taken by the Director resulting from the receipt of such notifications.", "id": "HC9E007B2051747A8A4ED125667887522", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Congressional intelligence committees defined \nIn this section, the term congressional intelligence committees has the meaning given that term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ).", "id": "H814487F266474752BBC791C6CBB68D06", "header": "Congressional intelligence committees defined", "nested": [], "links": [ { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] } ], "links": [ { "text": "50 U.S.C. 3003", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] }, { "text": "3806. Rule of construction \nNothing in this subtitle or the amendments made by this subtitle shall be construed— (1) to impede legitimate journalistic activities; or (2) to impose any additional limitation on the right to express political views or to participate in public discourse of any individual who— (A) resides in the United States; (B) is not a citizen of the United States or a national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) ); and (C) is not lawfully admitted for permanent residence, as defined by section 101(a)(20) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(20) ).", "id": "HAA84E32C3C104139BF277A1E057936CF", "header": "Rule of construction", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(22)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)(20)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "3901. Short title \nThis subtitle may be cited as the Voter Confidence and Increased Accessibility Act of 2023.", "id": "H3C35F6284D7F454CB75E36BD7CC755AA", "header": "Short title", "nested": [], "links": [] }, { "text": "3902. Paper ballot and manual counting requirements \n(a) In general \nSection 301(a)(2) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(2) ) is amended to read as follows: (2) Paper ballot requirement \n(A) Voter-verifiable paper ballots \n(i) The voting system shall require the use of an individual, durable, voter-verifiable paper ballot of the voter’s vote selections that shall be marked by the voter and presented to the voter for verification before the voter’s ballot is preserved in accordance with subparagraph (B), and which shall be counted by hand or other counting device or read by a ballot tabulation device. For purposes of this subclause, the term individual, durable, voter-verifiable paper ballot means a paper ballot marked by the voter by hand or a paper ballot marked through the use of a nontabulating ballot marking device or system, so long as the voter shall have the option at every in-person voting location to mark by hand a printed ballot that includes all relevant contests and candidates. (ii) The voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter-verifiable paper ballot is preserved in accordance with subparagraph (B). (iii) The voting system shall not preserve the voter-verifiable paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter’s vote selections. (iv) The voting system shall prevent, through mechanical means or through independently verified protections, the modification or addition of vote selections on a printed or marked ballot at any time after the voter has been provided an opportunity to correct errors on the ballot pursuant to clause (ii). (B) Preservation as official record \nThe individual, durable, voter-verifiable paper ballot used in accordance with subparagraph (A) shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used. (C) Manual counting requirements for recounts and audits \n(i) Each paper ballot used pursuant to subparagraph (A) shall be suitable for a manual audit, and such ballots, or at least those ballots the machine could not count, shall be counted by hand in any recount or audit conducted with respect to any election for Federal office. (ii) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verifiable paper ballots used pursuant to subparagraph (A), the individual, durable, voter-verifiable paper ballots shall be the true and correct record of the votes cast. (D) Sense of congress \nIt is the sense of Congress that as innovation occurs in the election infrastructure sector, Congress should ensure that this Act and other Federal requirements for voting systems are updated to keep pace with best practices and recommendations for security and accessibility.. (b) Conforming amendment clarifying applicability of alternative language accessibility \nSection 301(a)(4) of such Act ( 52 U.S.C. 21081(a)(4) ) is amended by inserting (including the paper ballots required to be used under paragraph (2)) after voting system. (c) Other conforming amendments \nSection 301(a)(1) of such Act ( 52 U.S.C. 21081(a)(1) ) is amended— (1) in subparagraph (A)(i), by striking counted and inserting counted, in accordance with paragraphs (2) and (3) ; (2) in subparagraph (A)(ii), by striking counted and inserting counted, in accordance with paragraphs (2) and (3) ; (3) in subparagraph (A)(iii), by striking counted each place it appears and inserting counted, in accordance with paragraphs (2) and (3) ; and (4) in subparagraph (B)(ii), by striking counted and inserting counted, in accordance with paragraphs (2) and (3).", "id": "H44CC34BAB09C48188895FAFEEE2EBADE", "header": "Paper ballot and manual counting requirements", "nested": [ { "text": "(a) In general \nSection 301(a)(2) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(2) ) is amended to read as follows: (2) Paper ballot requirement \n(A) Voter-verifiable paper ballots \n(i) The voting system shall require the use of an individual, durable, voter-verifiable paper ballot of the voter’s vote selections that shall be marked by the voter and presented to the voter for verification before the voter’s ballot is preserved in accordance with subparagraph (B), and which shall be counted by hand or other counting device or read by a ballot tabulation device. For purposes of this subclause, the term individual, durable, voter-verifiable paper ballot means a paper ballot marked by the voter by hand or a paper ballot marked through the use of a nontabulating ballot marking device or system, so long as the voter shall have the option at every in-person voting location to mark by hand a printed ballot that includes all relevant contests and candidates. (ii) The voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter-verifiable paper ballot is preserved in accordance with subparagraph (B). (iii) The voting system shall not preserve the voter-verifiable paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter’s vote selections. (iv) The voting system shall prevent, through mechanical means or through independently verified protections, the modification or addition of vote selections on a printed or marked ballot at any time after the voter has been provided an opportunity to correct errors on the ballot pursuant to clause (ii). (B) Preservation as official record \nThe individual, durable, voter-verifiable paper ballot used in accordance with subparagraph (A) shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used. (C) Manual counting requirements for recounts and audits \n(i) Each paper ballot used pursuant to subparagraph (A) shall be suitable for a manual audit, and such ballots, or at least those ballots the machine could not count, shall be counted by hand in any recount or audit conducted with respect to any election for Federal office. (ii) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verifiable paper ballots used pursuant to subparagraph (A), the individual, durable, voter-verifiable paper ballots shall be the true and correct record of the votes cast. (D) Sense of congress \nIt is the sense of Congress that as innovation occurs in the election infrastructure sector, Congress should ensure that this Act and other Federal requirements for voting systems are updated to keep pace with best practices and recommendations for security and accessibility..", "id": "H38D7E8CEE1B0408B818BAC1E87DB1D10", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 21081(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "(b) Conforming amendment clarifying applicability of alternative language accessibility \nSection 301(a)(4) of such Act ( 52 U.S.C. 21081(a)(4) ) is amended by inserting (including the paper ballots required to be used under paragraph (2)) after voting system.", "id": "HDD28931959C04AF9A5980C24A0100130", "header": "Conforming amendment clarifying applicability of alternative language accessibility", "nested": [], "links": [ { "text": "52 U.S.C. 21081(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "(c) Other conforming amendments \nSection 301(a)(1) of such Act ( 52 U.S.C. 21081(a)(1) ) is amended— (1) in subparagraph (A)(i), by striking counted and inserting counted, in accordance with paragraphs (2) and (3) ; (2) in subparagraph (A)(ii), by striking counted and inserting counted, in accordance with paragraphs (2) and (3) ; (3) in subparagraph (A)(iii), by striking counted each place it appears and inserting counted, in accordance with paragraphs (2) and (3) ; and (4) in subparagraph (B)(ii), by striking counted and inserting counted, in accordance with paragraphs (2) and (3).", "id": "HECC2163826E14C1983CA2D98EE22DAC0", "header": "Other conforming amendments", "nested": [], "links": [ { "text": "52 U.S.C. 21081(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] } ], "links": [ { "text": "52 U.S.C. 21081(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 21081(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 21081(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "3903. Accessibility and ballot verification for individuals with disabilities \n(a) In general \nParagraph (3) of section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(3) ) is amended to read as follows: (3) Accessibility for individuals with disabilities \n(A) In general \nThe voting system shall— (i) be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; (ii) (I) ensure that individuals with disabilities and others are given an equivalent opportunity to vote, including with privacy and independence, in a manner that produces a voter-verifiable paper ballot; and (II) satisfy the requirement of clause (i) through the use at in-person polling locations of a sufficient number (not less than one) of voting systems equipped to serve individuals with and without disabilities, including nonvisual and enhanced visual accessibility for the blind and visually impaired, and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired; and (iii) if purchased with funds made available under title II on or after January 1, 2007, meet the voting system standards for disability access (as outlined in this paragraph). (B) Means of meeting requirements \nA voting system may meet the requirements of subparagraph (A)(i) and paragraph (2) by— (i) allowing the voter to privately and independently verify the permanent paper ballot through the presentation, in accessible form, of the printed or marked vote selections from the same printed or marked information that would be used for any vote tabulation or auditing; (ii) allowing the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot; (iii) marking ballots that are identical in size, ink, and paper stock to those ballots that would either be marked by hand or be marked by a ballot marking device made generally available to voters; or (iv) combining ballots produced by any ballot marking devices reserved for individuals with disabilities with ballots that have either been marked by voters by hand or marked by ballot marking devices made generally available to voters, in a way that prevents identification of the ballots that were cast using any ballot marking device that was reserved for individuals with disabilities. (C) Sufficient number \nFor purposes of subparagraph (A)(ii)(II), the sufficient number of voting systems for any in-person polling location shall be determined based on guidance from the Attorney General, in consultation with the Architectural and Transportation Barriers Compliance Board established under section 502(a)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 792(a)(1) ) (commonly referred to as the United States Access Board) and the Commission.. (b) Specific requirement of study, testing, and development of accessible voting options \n(1) Study and reporting \nSubtitle C of title II of such Act ( 52 U.S.C. 21081 et seq. ) is amended— (A) by redesignating section 247 as section 248; and (B) by inserting after section 246 the following new section: 247. Study and report on accessible voting options \n(a) Grants To study and report \nThe Commission, in coordination with the Access Board and the Cybersecurity and Infrastructure Security Agency, shall make grants to not fewer than 2 eligible entities to study, test, and develop— (1) accessible and secure remote voting systems; (2) voting, verification, and casting devices to enhance the accessibility of voting and verification for individuals with disabilities; or (3) both of the matters described in paragraph (1) and (2). (b) Eligibility \nAn entity is eligible to receive a grant under this part if it submits to the Commission (at such time and in such form as the Commission may require) an application containing— (1) a certification that the entity shall complete the activities carried out with the grant not later than January 1, 2026; and (2) such other information and certifications as the Commission may require. (c) Availability of technology \nAny technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems. (d) Coordination with grants for technology improvements \nThe Commission shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program carried out by the Commission under section 271, to the extent that the Commission determine necessary to provide for the advancement of accessible voting technology. (e) Authorization of appropriations \nThere is authorized to be appropriated to carry out subsection (a) $10,000,000, to remain available until expended.. (2) Clerical amendment \nThe table of contents of such Act is amended— (A) by redesignating the item relating to section 247 as relating to section 248; and (B) by inserting after the item relating to section 246 the following new item: Sec. 247. Study and report on accessible voting options.. (c) Clarification of accessibility standards under voluntary voting system guidance \nIn adopting any voluntary guidance under subtitle B of title III of the Help America Vote Act with respect to the accessibility of the paper ballot verification requirements for individuals with disabilities, the Election Assistance Commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle. (d) Permitting use of funds for protection and advocacy systems To support actions To enforce election-Related disability access \nSection 292(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21062(a) ) is amended by striking ; except that and all that follows and inserting a period.", "id": "H87C4A6E6099546B487D6EA1D0DDBEC46", "header": "Accessibility and ballot verification for individuals with disabilities", "nested": [ { "text": "(a) In general \nParagraph (3) of section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(3) ) is amended to read as follows: (3) Accessibility for individuals with disabilities \n(A) In general \nThe voting system shall— (i) be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; (ii) (I) ensure that individuals with disabilities and others are given an equivalent opportunity to vote, including with privacy and independence, in a manner that produces a voter-verifiable paper ballot; and (II) satisfy the requirement of clause (i) through the use at in-person polling locations of a sufficient number (not less than one) of voting systems equipped to serve individuals with and without disabilities, including nonvisual and enhanced visual accessibility for the blind and visually impaired, and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired; and (iii) if purchased with funds made available under title II on or after January 1, 2007, meet the voting system standards for disability access (as outlined in this paragraph). (B) Means of meeting requirements \nA voting system may meet the requirements of subparagraph (A)(i) and paragraph (2) by— (i) allowing the voter to privately and independently verify the permanent paper ballot through the presentation, in accessible form, of the printed or marked vote selections from the same printed or marked information that would be used for any vote tabulation or auditing; (ii) allowing the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot; (iii) marking ballots that are identical in size, ink, and paper stock to those ballots that would either be marked by hand or be marked by a ballot marking device made generally available to voters; or (iv) combining ballots produced by any ballot marking devices reserved for individuals with disabilities with ballots that have either been marked by voters by hand or marked by ballot marking devices made generally available to voters, in a way that prevents identification of the ballots that were cast using any ballot marking device that was reserved for individuals with disabilities. (C) Sufficient number \nFor purposes of subparagraph (A)(ii)(II), the sufficient number of voting systems for any in-person polling location shall be determined based on guidance from the Attorney General, in consultation with the Architectural and Transportation Barriers Compliance Board established under section 502(a)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 792(a)(1) ) (commonly referred to as the United States Access Board) and the Commission..", "id": "H6E6F0025D86E477499E159DD73A343D2", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 21081(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "29 U.S.C. 792(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/29/792" } ] }, { "text": "(b) Specific requirement of study, testing, and development of accessible voting options \n(1) Study and reporting \nSubtitle C of title II of such Act ( 52 U.S.C. 21081 et seq. ) is amended— (A) by redesignating section 247 as section 248; and (B) by inserting after section 246 the following new section: 247. Study and report on accessible voting options \n(a) Grants To study and report \nThe Commission, in coordination with the Access Board and the Cybersecurity and Infrastructure Security Agency, shall make grants to not fewer than 2 eligible entities to study, test, and develop— (1) accessible and secure remote voting systems; (2) voting, verification, and casting devices to enhance the accessibility of voting and verification for individuals with disabilities; or (3) both of the matters described in paragraph (1) and (2). (b) Eligibility \nAn entity is eligible to receive a grant under this part if it submits to the Commission (at such time and in such form as the Commission may require) an application containing— (1) a certification that the entity shall complete the activities carried out with the grant not later than January 1, 2026; and (2) such other information and certifications as the Commission may require. (c) Availability of technology \nAny technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems. (d) Coordination with grants for technology improvements \nThe Commission shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program carried out by the Commission under section 271, to the extent that the Commission determine necessary to provide for the advancement of accessible voting technology. (e) Authorization of appropriations \nThere is authorized to be appropriated to carry out subsection (a) $10,000,000, to remain available until expended.. (2) Clerical amendment \nThe table of contents of such Act is amended— (A) by redesignating the item relating to section 247 as relating to section 248; and (B) by inserting after the item relating to section 246 the following new item: Sec. 247. Study and report on accessible voting options..", "id": "H39E7D020FA7F4D058741F1AA45BA7A21", "header": "Specific requirement of study, testing, and development of accessible voting options", "nested": [], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "(c) Clarification of accessibility standards under voluntary voting system guidance \nIn adopting any voluntary guidance under subtitle B of title III of the Help America Vote Act with respect to the accessibility of the paper ballot verification requirements for individuals with disabilities, the Election Assistance Commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle.", "id": "H1546B0A885BA4B3A8FA924CB7C2DB927", "header": "Clarification of accessibility standards under voluntary voting system guidance", "nested": [], "links": [] }, { "text": "(d) Permitting use of funds for protection and advocacy systems To support actions To enforce election-Related disability access \nSection 292(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21062(a) ) is amended by striking ; except that and all that follows and inserting a period.", "id": "H26F9E1A8FB29452D88081F3A7FD144F0", "header": "Permitting use of funds for protection and advocacy systems To support actions To enforce election-Related disability access", "nested": [], "links": [ { "text": "52 U.S.C. 21062(a)", "legal-doc": "usc", "parsable-cite": "usc/52/21062" } ] } ], "links": [ { "text": "52 U.S.C. 21081(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "29 U.S.C. 792(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/29/792" }, { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 21062(a)", "legal-doc": "usc", "parsable-cite": "usc/52/21062" } ] }, { "text": "247. Study and report on accessible voting options \n(a) Grants To study and report \nThe Commission, in coordination with the Access Board and the Cybersecurity and Infrastructure Security Agency, shall make grants to not fewer than 2 eligible entities to study, test, and develop— (1) accessible and secure remote voting systems; (2) voting, verification, and casting devices to enhance the accessibility of voting and verification for individuals with disabilities; or (3) both of the matters described in paragraph (1) and (2). (b) Eligibility \nAn entity is eligible to receive a grant under this part if it submits to the Commission (at such time and in such form as the Commission may require) an application containing— (1) a certification that the entity shall complete the activities carried out with the grant not later than January 1, 2026; and (2) such other information and certifications as the Commission may require. (c) Availability of technology \nAny technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems. (d) Coordination with grants for technology improvements \nThe Commission shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program carried out by the Commission under section 271, to the extent that the Commission determine necessary to provide for the advancement of accessible voting technology. (e) Authorization of appropriations \nThere is authorized to be appropriated to carry out subsection (a) $10,000,000, to remain available until expended.", "id": "HF73E0F471AA8406E8C6B7D7122F014DA", "header": "Study and report on accessible voting options", "nested": [ { "text": "(a) Grants To study and report \nThe Commission, in coordination with the Access Board and the Cybersecurity and Infrastructure Security Agency, shall make grants to not fewer than 2 eligible entities to study, test, and develop— (1) accessible and secure remote voting systems; (2) voting, verification, and casting devices to enhance the accessibility of voting and verification for individuals with disabilities; or (3) both of the matters described in paragraph (1) and (2).", "id": "H68E7060137E54F16A3A7BA6E49B132B4", "header": "Grants To study and report", "nested": [], "links": [] }, { "text": "(b) Eligibility \nAn entity is eligible to receive a grant under this part if it submits to the Commission (at such time and in such form as the Commission may require) an application containing— (1) a certification that the entity shall complete the activities carried out with the grant not later than January 1, 2026; and (2) such other information and certifications as the Commission may require.", "id": "H3663C151A99445BB91651D03897329E4", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(c) Availability of technology \nAny technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems.", "id": "H0696237E7E9049BD99129B20BB952BF4", "header": "Availability of technology", "nested": [], "links": [] }, { "text": "(d) Coordination with grants for technology improvements \nThe Commission shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program carried out by the Commission under section 271, to the extent that the Commission determine necessary to provide for the advancement of accessible voting technology.", "id": "HA04A6B75F7DF4DB69568E5172FED5241", "header": "Coordination with grants for technology improvements", "nested": [], "links": [] }, { "text": "(e) Authorization of appropriations \nThere is authorized to be appropriated to carry out subsection (a) $10,000,000, to remain available until expended.", "id": "HE4BF6A702B8E4E16AE273ADB8CB2DA7C", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "3904. Durability and readability requirements for ballots \nSection 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a) ) is amended by adding at the end the following new paragraph: (7) Durability and readability requirements for ballots \n(A) Durability requirements for paper ballots \n(i) In general \nAll voter-verifiable paper ballots required to be used under this Act shall be marked or printed on durable paper. (ii) Definition \nFor purposes of this Act, paper is durable if it is capable of withstanding multiple counts and recounts by hand without compromising the fundamental integrity of the ballots, and capable of retaining the information marked or printed on them for the full duration of a retention and preservation period of 22 months. (B) Readability requirements for paper ballots marked by ballot marking device \nAll voter-verifiable paper ballots completed by the voter through the use of a ballot marking device shall be clearly readable by the voter without assistance (other than eyeglasses or other personal vision-enhancing devices) and by a ballot tabulation device or other device equipped for individuals with disabilities..", "id": "H6B93367BD76845A9B5B65F6E846FDEB2", "header": "Durability and readability requirements for ballots", "nested": [], "links": [ { "text": "52 U.S.C. 21081(a)", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "3905. Study and report on optimal ballot design \n(a) Study \nThe Election Assistance Commission shall conduct a study of the best ways to design ballots used in elections for public office, including paper ballots and electronic or digital ballots, to minimize confusion and user errors. (b) Report \nNot later than one year after the date of the enactment of this Act, the Election Assistance Commission shall submit to Congress a report on the study conducted under subsection (a).", "id": "HE9519471971A4B9AA01EAD1CE48F07ED", "header": "Study and report on optimal ballot design", "nested": [ { "text": "(a) Study \nThe Election Assistance Commission shall conduct a study of the best ways to design ballots used in elections for public office, including paper ballots and electronic or digital ballots, to minimize confusion and user errors.", "id": "H088F7064E5A1490E98B4766BBC923799", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than one year after the date of the enactment of this Act, the Election Assistance Commission shall submit to Congress a report on the study conducted under subsection (a).", "id": "H6889F5DEB8A64D5092B286417F862856", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "3906. Ballot marking device cybersecurity requirements \nSection 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a) ), as amended by section 3904, is further amended by adding at the end the following new paragraphs: (8) Prohibition of use of wireless communications devices in systems or devices \nNo system or device upon which ballot marking devices or ballot tabulation devices are configured, upon which ballots are marked by voters at a polling place (except as necessary for individuals with disabilities to use ballot marking devices that meet the accessibility requirements of paragraph (3)), or upon which votes are cast, tabulated, or aggregated shall contain, use, or be accessible by any wireless, power-line, or concealed communication device. (9) Prohibiting connection of system to the internet \nNo system or device upon which ballot marking devices or ballot tabulation devices are configured, upon which ballots are marked by voters at a voting place, or upon which votes are cast, tabulated, or aggregated shall be connected to the internet or any non-local computer system via telephone or other communication network at any time..", "id": "H0D1177FAF553413E9879EF93ECBA5517", "header": "Ballot marking device cybersecurity requirements", "nested": [], "links": [ { "text": "52 U.S.C. 21081(a)", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "3907. Effective date for new requirements \nSection 301(d) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(d) ) is amended to read as follows: (d) Effective Date \n(1) In general \nExcept as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006. (2) Special rule for certain requirements \n(A) In general \nExcept as provided in subparagraphs (B) and (C), the requirements of this section which are first imposed on a State or jurisdiction pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2023 shall apply with respect to voting systems used for any election for Federal office held in 2024 or any succeeding year. (B) Special rule for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in 2022 \n(i) In general \nIn the case of a jurisdiction described in clause (ii), the requirements of paragraphs (2)(A)(i) and (7) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2023 ) shall not apply before the date on which the jurisdiction replaces the printers or systems described in clause (ii)(I) for use in the administration of elections for Federal office. (ii) Jurisdictions described \nA jurisdiction described in this clause is a jurisdiction— (I) which used voter-verifiable paper record printers attached to direct recording electronic voting machines, or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs (2)(A)(i) and (7) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2023 ), for the administration of the regularly scheduled general election for Federal office held in November 2022; and (II) which will continue to use such printers or systems for the administration of elections for Federal office held in years before the applicable year. (iii) Mandatory availability of paper ballots at polling places using grandfathered printers and systems \n(I) Requiring ballots to be offered and provided \nThe appropriate election official at each polling place that uses a printer or system described in clause (ii)(I) for the administration of elections for Federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a blank printed paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system. The official shall provide the individual with the ballot and the supplies necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the waiting period for the individual to cast a vote is the lesser of 30 minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause. (II) Treatment of ballot \nAny paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes (including by incorporating it into the final unofficial vote count (as defined by the State) for the precinct) and not as a provisional ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot. (III) Posting of notice \nThe appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a printed blank paper ballot. The notice shall comply with the requirements of section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ). (IV) Training of election officials \nThe chief State election official shall ensure that election officials at polling places in the State are aware of the requirements of this clause, including the requirement to display a notice under subclause (III), and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank printed paper ballot. (V) Period of applicability \nThe requirements of this clause apply only during the period beginning on January 1, 2024, and ending on the date on which the which the jurisdiction replaces the printers or systems described in clause (ii)(I) for use in the administration of elections for Federal office. (C) Delay for certain jurisdictions using voting systems with wireless communication devices or internet connections \n(i) Delay \nIn the case of a jurisdiction described in clause (ii), subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to 2024 were a reference to the applicable year , but only with respect to the following requirements of this section: (I) Paragraph (8) of subsection (a) (relating to prohibition of wireless communication devices). (II) Paragraph (9) of subsection (a) (relating to prohibition of connecting systems to the internet). (ii) Jurisdictions described \nA jurisdiction described in this clause is a jurisdiction— (I) which used a voting system which is not in compliance with paragraphs (8) or (9) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2023 ) for the administration of the regularly scheduled general election for Federal office held in November 2022; (II) which was not able, to all extent practicable, to comply with paragraph (8) and (9) of subsection (a) before January 1, 2024; and (III) which will continue to use such printers or systems for the administration of elections for Federal office held in years before the applicable year. (iii) Applicable year \n(I) In general \nExcept as provided in subclause (II), the term applicable year means 2028. (II) Extension \nIf a State or jurisdiction certifies to the Commission not later than January 1, 2028, that the State or jurisdiction will not meet the requirements described in subclauses (I) and (II) of clause (i) by such date because it would be impractical to do so and includes in the certification the reasons for the failure to meet the deadline, the term applicable year means 2032..", "id": "HEECE60406B424E968173D7EE631888DD", "header": "Effective date for new requirements", "nested": [], "links": [ { "text": "52 U.S.C. 21081(d)", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 10503", "legal-doc": "usc", "parsable-cite": "usc/52/10503" } ] }, { "text": "3908. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements \n(a) Availability of grants \n(1) In general \nSubtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 et seq. ), as amended by section 1302(c), is amended by adding at the end the following new part: 8 Grants for Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements \n298. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements \n(a) Availability and use of grant \n(1) In general \nThe Commission shall make a grant to each eligible State— (A) to replace a voting system— (i) which does not meet the requirements which are first imposed on the State pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2023 with a voting system which— (I) does meet such requirements; and (II) in the case of a grandfathered voting system (as defined in paragraph (2)), is in compliance with the most recent voluntary voting system guidelines; or (ii) which does meet such requirements but which is not in compliance with the most recent voluntary voting system guidelines with another system which does meet such requirements and is in compliance with such guidelines; (B) to carry out voting system security improvements described in section 298A with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office; (C) to implement and model best practices for ballot design, ballot instructions, and the testing of ballots; and (D) to purchase or acquire accessible voting systems that meet the requirements of paragraph (2) and paragraph (3)(A)(i) of section 301(a) by the means described in paragraph (3)(B) of such section. (2) Definition of grandfathered voting system \nIn this subsection, the term grandfathered voting system means a voting system that is used by a jurisdiction described in subparagraph (B)(ii) or (C)(ii) of section 301(d)(2). (b) Amount of payment \n(1) In general \nThe amount of payment made to an eligible State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). (2) Minimum payment amount \nThe minimum payment amount described in this paragraph is— (A) in the case of any of the several States or the District of Columbia, one-half of 1 percent of the aggregate amount made available for payments under this section; and (B) in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, one-tenth of 1 percent of such aggregate amount. (3) Voting age population proportion amount \nThe voting age population proportion amount described in this paragraph is the product of— (A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and (B) the voting age population proportion for the State (as defined in paragraph (4)). (4) Voting age population proportion defined \nThe term voting age population proportion means, with respect to a State, the amount equal to the quotient of— (A) the voting age population of the State (as reported in the most recent decennial census); and (B) the total voting age population of all States (as reported in the most recent decennial census). (5) Requirement relating to purchase of accessible voting systems \nAn eligible State shall use not less than 10 percent of funds received by the State under this section to purchase accessible voting systems described in subsection (a)(1)(D). 298A. Voting system security improvements described \n(a) Permitted uses \nA voting system security improvement described in this section is any of the following: (1) The acquisition of goods and services from qualified election infrastructure vendors by purchase, lease, or such other arrangements as may be appropriate. (2) Cyber and risk mitigation training. (3) A security risk and vulnerability assessment of the State’s election infrastructure (as defined in section 3908(b) of the Voter Confidence and Increased Accessibility Act of 2023 ) which is carried out by a provider of cybersecurity services under a contract entered into between the chief State election official and the provider. (4) The maintenance of infrastructure used for elections, including addressing risks and vulnerabilities which are identified under either of the security risk and vulnerability assessments described in paragraph (3), except that none of the funds provided under this part may be used to renovate or replace a building or facility which is not a primary provider of information technology services for the administration of elections, and which is used primarily for purposes other than the administration of elections for public office. (5) Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State’s election infrastructure (as so defined) or designates as critical to the operation of the State’s election infrastructure (as so defined). (6) Enhancing the cybersecurity and operations of the information technology infrastructure described in paragraph (4). (7) Enhancing the cybersecurity of voter registration systems. (b) Qualified election infrastructure vendors described \nFor purposes of this part, a qualified election infrastructure vendor is any person who provides, supports, or maintains, or who seeks to provide, support, or maintain, election infrastructure (as defined in section 3908(b) of the Voter Confidence and Increased Accessibility Act of 2023 ) on behalf of a State, unit of local government, or election agency (as defined in section 3908(b) of such Act) who meets the criteria described in section 3908(b) of such Act. 298B. Eligibility of States \nA State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing— (1) a description of how the State will use the grant to carry out the activities authorized under this part; (2) a certification and assurance that, not later than 5 years after receiving the grant, the State will carry out voting system security improvements, as described in section 298A; and (3) such other information and assurances as the Commission may require. 298C. Reports to Congress \nNot later than 90 days after the end of each fiscal year, the Commission shall submit a report to the Committees on Homeland Security, House Administration, and the Judiciary of the House of Representatives and the Committees on Homeland Security and Governmental Affairs, the Judiciary, and Rules and Administration of the Senate, on the activities carried out with the funds provided under this part. 298D. Authorization of appropriations \n(a) Authorization \nThere are authorized to be appropriated for grants under this part— (1) $2,400,000,000 for fiscal year 2024; and (2) $175,000,000 for each of the fiscal years 2026, 2028, 2030, and 2032. (b) Continuing availability of amounts \nAny amounts appropriated pursuant to the authorization of this section shall remain available until expended.. (2) Clerical amendment \nThe table of contents of such Act, as amended by section 1402(c), is amended by adding at the end of the items relating to subtitle D of title II the following: Part 8—Grants for Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements Sec. 298. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. Sec. 298A. Voting system security improvements described. Sec. 298B. Eligibility of States. Sec. 298C. Reports to Congress. Sec. 298D. Authorization of appropriations. (b) Qualified election infrastructure vendors \n(1) In general \nThe Secretary, in consultation with the Chair, shall establish and publish criteria for qualified election infrastructure vendors for purposes of section 298A of the Help America Vote Act of 2002 (as added by this Act). (2) Criteria \nThe criteria established under paragraph (1) shall include each of the following requirements: (A) The vendor shall— (i) be owned and controlled by a citizen or permanent resident of the United States or a member of the Five Eyes intelligence-sharing alliance; and (ii) in the case of any election infrastructure which is a voting machine, ensure that such voting machine is assembled in the United States. (B) The vendor shall disclose to the Secretary and the Chair, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act), of any sourcing outside the United States for parts of the election infrastructure. (C) The vendor shall disclose to the Secretary and the Chair, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under such part 8, the identification of any entity or individual with a more than 5 percent ownership interest in the vendor. (D) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the cybersecurity best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (E) The vendor agrees to maintain its information technology infrastructure in a manner that is consistent with the cybersecurity best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (F) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the supply chain best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (G) The vendor agrees to ensure that it has personnel policies and practices in place that are consistent with personnel best practices, including cybersecurity training and background checks, issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (H) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with data integrity best practices, including requirements for encrypted transfers and validation, testing and checking printed materials for accuracy, and disclosure of quality control incidents, issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (I) The vendor agrees to meet the requirements of paragraph (3) with respect to any known or suspected cybersecurity incidents involving any of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act). (J) The vendor agrees to permit independent security testing by the Election Assistance Commission (in accordance with section 231(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 20971 )) and by the Secretary of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act). (3) Cybersecurity incident reporting requirements \n(A) In general \nA vendor meets the requirements of this paragraph if, upon becoming aware of the possibility that an election cybersecurity incident has occurred involving any of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act)— (i) the vendor promptly assesses whether or not such an incident occurred, and submits a notification meeting the requirements of subparagraph (B) to the Secretary and the Chair of the assessment as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred); (ii) if the incident involves goods or services provided to an election agency, the vendor submits a notification meeting the requirements of subparagraph (B) to the agency as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred), and cooperates with the agency in providing any other necessary notifications relating to the incident; and (iii) the vendor provides all necessary updates to any notification submitted under clause (i) or clause (ii). (B) Contents of notifications \nEach notification submitted under clause (i) or clause (ii) of subparagraph (A) shall contain the following information with respect to any election cybersecurity incident covered by the notification: (i) The date, time, and time zone when the election cybersecurity incident began, if known. (ii) The date, time, and time zone when the election cybersecurity incident was detected. (iii) The date, time, and duration of the election cybersecurity incident. (iv) The circumstances of the election cybersecurity incident, including the specific election infrastructure systems believed to have been accessed and information acquired, if any. (v) Any planned and implemented technical measures to respond to and recover from the incident. (vi) In the case of any notification which is an update to a prior notification, any additional material information relating to the incident, including technical data, as it becomes available. (C) Development of criteria for reporting \nNot later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall, in consultation with the Election Infrastructure Sector Coordinating Council, develop criteria for incidents which are required to be reported in accordance with subparagraph (A). (4) Definitions \nIn this subsection: (A) Chair \nThe term Chair means the Chair of the Election Assistance Commission. (B) Chief State election official \nThe term chief State election official means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20509 ) to be responsible for coordination of the State’s responsibilities under such Act. (C) Election agency \nThe term election agency means any component of a State, or any component of a unit of local government in a State, which is responsible for the administration of elections for Federal office in the State. (D) Election infrastructure \nThe term election infrastructure means storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office, as well as related information and communications technology, including voter registration databases, voting machines, electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results), and other systems used to manage the election process and to report and display election results on behalf of an election agency. (E) Secretary \nThe term Secretary means the Secretary of Homeland Security. (F) State \nThe term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ).", "id": "H437C528906364D07AB3EF0F45AA38825", "header": "Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements", "nested": [ { "text": "(a) Availability of grants \n(1) In general \nSubtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 et seq. ), as amended by section 1302(c), is amended by adding at the end the following new part: 8 Grants for Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements \n298. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements \n(a) Availability and use of grant \n(1) In general \nThe Commission shall make a grant to each eligible State— (A) to replace a voting system— (i) which does not meet the requirements which are first imposed on the State pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2023 with a voting system which— (I) does meet such requirements; and (II) in the case of a grandfathered voting system (as defined in paragraph (2)), is in compliance with the most recent voluntary voting system guidelines; or (ii) which does meet such requirements but which is not in compliance with the most recent voluntary voting system guidelines with another system which does meet such requirements and is in compliance with such guidelines; (B) to carry out voting system security improvements described in section 298A with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office; (C) to implement and model best practices for ballot design, ballot instructions, and the testing of ballots; and (D) to purchase or acquire accessible voting systems that meet the requirements of paragraph (2) and paragraph (3)(A)(i) of section 301(a) by the means described in paragraph (3)(B) of such section. (2) Definition of grandfathered voting system \nIn this subsection, the term grandfathered voting system means a voting system that is used by a jurisdiction described in subparagraph (B)(ii) or (C)(ii) of section 301(d)(2). (b) Amount of payment \n(1) In general \nThe amount of payment made to an eligible State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). (2) Minimum payment amount \nThe minimum payment amount described in this paragraph is— (A) in the case of any of the several States or the District of Columbia, one-half of 1 percent of the aggregate amount made available for payments under this section; and (B) in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, one-tenth of 1 percent of such aggregate amount. (3) Voting age population proportion amount \nThe voting age population proportion amount described in this paragraph is the product of— (A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and (B) the voting age population proportion for the State (as defined in paragraph (4)). (4) Voting age population proportion defined \nThe term voting age population proportion means, with respect to a State, the amount equal to the quotient of— (A) the voting age population of the State (as reported in the most recent decennial census); and (B) the total voting age population of all States (as reported in the most recent decennial census). (5) Requirement relating to purchase of accessible voting systems \nAn eligible State shall use not less than 10 percent of funds received by the State under this section to purchase accessible voting systems described in subsection (a)(1)(D). 298A. Voting system security improvements described \n(a) Permitted uses \nA voting system security improvement described in this section is any of the following: (1) The acquisition of goods and services from qualified election infrastructure vendors by purchase, lease, or such other arrangements as may be appropriate. (2) Cyber and risk mitigation training. (3) A security risk and vulnerability assessment of the State’s election infrastructure (as defined in section 3908(b) of the Voter Confidence and Increased Accessibility Act of 2023 ) which is carried out by a provider of cybersecurity services under a contract entered into between the chief State election official and the provider. (4) The maintenance of infrastructure used for elections, including addressing risks and vulnerabilities which are identified under either of the security risk and vulnerability assessments described in paragraph (3), except that none of the funds provided under this part may be used to renovate or replace a building or facility which is not a primary provider of information technology services for the administration of elections, and which is used primarily for purposes other than the administration of elections for public office. (5) Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State’s election infrastructure (as so defined) or designates as critical to the operation of the State’s election infrastructure (as so defined). (6) Enhancing the cybersecurity and operations of the information technology infrastructure described in paragraph (4). (7) Enhancing the cybersecurity of voter registration systems. (b) Qualified election infrastructure vendors described \nFor purposes of this part, a qualified election infrastructure vendor is any person who provides, supports, or maintains, or who seeks to provide, support, or maintain, election infrastructure (as defined in section 3908(b) of the Voter Confidence and Increased Accessibility Act of 2023 ) on behalf of a State, unit of local government, or election agency (as defined in section 3908(b) of such Act) who meets the criteria described in section 3908(b) of such Act. 298B. Eligibility of States \nA State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing— (1) a description of how the State will use the grant to carry out the activities authorized under this part; (2) a certification and assurance that, not later than 5 years after receiving the grant, the State will carry out voting system security improvements, as described in section 298A; and (3) such other information and assurances as the Commission may require. 298C. Reports to Congress \nNot later than 90 days after the end of each fiscal year, the Commission shall submit a report to the Committees on Homeland Security, House Administration, and the Judiciary of the House of Representatives and the Committees on Homeland Security and Governmental Affairs, the Judiciary, and Rules and Administration of the Senate, on the activities carried out with the funds provided under this part. 298D. Authorization of appropriations \n(a) Authorization \nThere are authorized to be appropriated for grants under this part— (1) $2,400,000,000 for fiscal year 2024; and (2) $175,000,000 for each of the fiscal years 2026, 2028, 2030, and 2032. (b) Continuing availability of amounts \nAny amounts appropriated pursuant to the authorization of this section shall remain available until expended.. (2) Clerical amendment \nThe table of contents of such Act, as amended by section 1402(c), is amended by adding at the end of the items relating to subtitle D of title II the following: Part 8—Grants for Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements Sec. 298. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. Sec. 298A. Voting system security improvements described. Sec. 298B. Eligibility of States. Sec. 298C. Reports to Congress. Sec. 298D. Authorization of appropriations.", "id": "HFE51516C2F324544B996488CA8831823", "header": "Availability of grants", "nested": [], "links": [ { "text": "52 U.S.C. 21001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21001" } ] }, { "text": "(b) Qualified election infrastructure vendors \n(1) In general \nThe Secretary, in consultation with the Chair, shall establish and publish criteria for qualified election infrastructure vendors for purposes of section 298A of the Help America Vote Act of 2002 (as added by this Act). (2) Criteria \nThe criteria established under paragraph (1) shall include each of the following requirements: (A) The vendor shall— (i) be owned and controlled by a citizen or permanent resident of the United States or a member of the Five Eyes intelligence-sharing alliance; and (ii) in the case of any election infrastructure which is a voting machine, ensure that such voting machine is assembled in the United States. (B) The vendor shall disclose to the Secretary and the Chair, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act), of any sourcing outside the United States for parts of the election infrastructure. (C) The vendor shall disclose to the Secretary and the Chair, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under such part 8, the identification of any entity or individual with a more than 5 percent ownership interest in the vendor. (D) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the cybersecurity best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (E) The vendor agrees to maintain its information technology infrastructure in a manner that is consistent with the cybersecurity best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (F) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the supply chain best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (G) The vendor agrees to ensure that it has personnel policies and practices in place that are consistent with personnel best practices, including cybersecurity training and background checks, issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (H) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with data integrity best practices, including requirements for encrypted transfers and validation, testing and checking printed materials for accuracy, and disclosure of quality control incidents, issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (I) The vendor agrees to meet the requirements of paragraph (3) with respect to any known or suspected cybersecurity incidents involving any of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act). (J) The vendor agrees to permit independent security testing by the Election Assistance Commission (in accordance with section 231(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 20971 )) and by the Secretary of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act). (3) Cybersecurity incident reporting requirements \n(A) In general \nA vendor meets the requirements of this paragraph if, upon becoming aware of the possibility that an election cybersecurity incident has occurred involving any of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act)— (i) the vendor promptly assesses whether or not such an incident occurred, and submits a notification meeting the requirements of subparagraph (B) to the Secretary and the Chair of the assessment as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred); (ii) if the incident involves goods or services provided to an election agency, the vendor submits a notification meeting the requirements of subparagraph (B) to the agency as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred), and cooperates with the agency in providing any other necessary notifications relating to the incident; and (iii) the vendor provides all necessary updates to any notification submitted under clause (i) or clause (ii). (B) Contents of notifications \nEach notification submitted under clause (i) or clause (ii) of subparagraph (A) shall contain the following information with respect to any election cybersecurity incident covered by the notification: (i) The date, time, and time zone when the election cybersecurity incident began, if known. (ii) The date, time, and time zone when the election cybersecurity incident was detected. (iii) The date, time, and duration of the election cybersecurity incident. (iv) The circumstances of the election cybersecurity incident, including the specific election infrastructure systems believed to have been accessed and information acquired, if any. (v) Any planned and implemented technical measures to respond to and recover from the incident. (vi) In the case of any notification which is an update to a prior notification, any additional material information relating to the incident, including technical data, as it becomes available. (C) Development of criteria for reporting \nNot later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall, in consultation with the Election Infrastructure Sector Coordinating Council, develop criteria for incidents which are required to be reported in accordance with subparagraph (A). (4) Definitions \nIn this subsection: (A) Chair \nThe term Chair means the Chair of the Election Assistance Commission. (B) Chief State election official \nThe term chief State election official means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20509 ) to be responsible for coordination of the State’s responsibilities under such Act. (C) Election agency \nThe term election agency means any component of a State, or any component of a unit of local government in a State, which is responsible for the administration of elections for Federal office in the State. (D) Election infrastructure \nThe term election infrastructure means storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office, as well as related information and communications technology, including voter registration databases, voting machines, electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results), and other systems used to manage the election process and to report and display election results on behalf of an election agency. (E) Secretary \nThe term Secretary means the Secretary of Homeland Security. (F) State \nThe term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ).", "id": "H8E2CA63604454F1CBA70B97757A43562", "header": "Qualified election infrastructure vendors", "nested": [], "links": [ { "text": "52 U.S.C. 20971", "legal-doc": "usc", "parsable-cite": "usc/52/20971" }, { "text": "52 U.S.C. 20509", "legal-doc": "usc", "parsable-cite": "usc/52/20509" }, { "text": "52 U.S.C. 21141", "legal-doc": "usc", "parsable-cite": "usc/52/21141" } ] } ], "links": [ { "text": "52 U.S.C. 21001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21001" }, { "text": "52 U.S.C. 20971", "legal-doc": "usc", "parsable-cite": "usc/52/20971" }, { "text": "52 U.S.C. 20509", "legal-doc": "usc", "parsable-cite": "usc/52/20509" }, { "text": "52 U.S.C. 21141", "legal-doc": "usc", "parsable-cite": "usc/52/21141" } ] }, { "text": "298. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements \n(a) Availability and use of grant \n(1) In general \nThe Commission shall make a grant to each eligible State— (A) to replace a voting system— (i) which does not meet the requirements which are first imposed on the State pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2023 with a voting system which— (I) does meet such requirements; and (II) in the case of a grandfathered voting system (as defined in paragraph (2)), is in compliance with the most recent voluntary voting system guidelines; or (ii) which does meet such requirements but which is not in compliance with the most recent voluntary voting system guidelines with another system which does meet such requirements and is in compliance with such guidelines; (B) to carry out voting system security improvements described in section 298A with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office; (C) to implement and model best practices for ballot design, ballot instructions, and the testing of ballots; and (D) to purchase or acquire accessible voting systems that meet the requirements of paragraph (2) and paragraph (3)(A)(i) of section 301(a) by the means described in paragraph (3)(B) of such section. (2) Definition of grandfathered voting system \nIn this subsection, the term grandfathered voting system means a voting system that is used by a jurisdiction described in subparagraph (B)(ii) or (C)(ii) of section 301(d)(2). (b) Amount of payment \n(1) In general \nThe amount of payment made to an eligible State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). (2) Minimum payment amount \nThe minimum payment amount described in this paragraph is— (A) in the case of any of the several States or the District of Columbia, one-half of 1 percent of the aggregate amount made available for payments under this section; and (B) in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, one-tenth of 1 percent of such aggregate amount. (3) Voting age population proportion amount \nThe voting age population proportion amount described in this paragraph is the product of— (A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and (B) the voting age population proportion for the State (as defined in paragraph (4)). (4) Voting age population proportion defined \nThe term voting age population proportion means, with respect to a State, the amount equal to the quotient of— (A) the voting age population of the State (as reported in the most recent decennial census); and (B) the total voting age population of all States (as reported in the most recent decennial census). (5) Requirement relating to purchase of accessible voting systems \nAn eligible State shall use not less than 10 percent of funds received by the State under this section to purchase accessible voting systems described in subsection (a)(1)(D).", "id": "H136546EDD0B84B508C192B422CCB9005", "header": "Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements", "nested": [ { "text": "(a) Availability and use of grant \n(1) In general \nThe Commission shall make a grant to each eligible State— (A) to replace a voting system— (i) which does not meet the requirements which are first imposed on the State pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2023 with a voting system which— (I) does meet such requirements; and (II) in the case of a grandfathered voting system (as defined in paragraph (2)), is in compliance with the most recent voluntary voting system guidelines; or (ii) which does meet such requirements but which is not in compliance with the most recent voluntary voting system guidelines with another system which does meet such requirements and is in compliance with such guidelines; (B) to carry out voting system security improvements described in section 298A with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office; (C) to implement and model best practices for ballot design, ballot instructions, and the testing of ballots; and (D) to purchase or acquire accessible voting systems that meet the requirements of paragraph (2) and paragraph (3)(A)(i) of section 301(a) by the means described in paragraph (3)(B) of such section. (2) Definition of grandfathered voting system \nIn this subsection, the term grandfathered voting system means a voting system that is used by a jurisdiction described in subparagraph (B)(ii) or (C)(ii) of section 301(d)(2).", "id": "H475BFF5462FE4CA3A900D83D02556E5A", "header": "Availability and use of grant", "nested": [], "links": [] }, { "text": "(b) Amount of payment \n(1) In general \nThe amount of payment made to an eligible State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). (2) Minimum payment amount \nThe minimum payment amount described in this paragraph is— (A) in the case of any of the several States or the District of Columbia, one-half of 1 percent of the aggregate amount made available for payments under this section; and (B) in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, one-tenth of 1 percent of such aggregate amount. (3) Voting age population proportion amount \nThe voting age population proportion amount described in this paragraph is the product of— (A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and (B) the voting age population proportion for the State (as defined in paragraph (4)). (4) Voting age population proportion defined \nThe term voting age population proportion means, with respect to a State, the amount equal to the quotient of— (A) the voting age population of the State (as reported in the most recent decennial census); and (B) the total voting age population of all States (as reported in the most recent decennial census). (5) Requirement relating to purchase of accessible voting systems \nAn eligible State shall use not less than 10 percent of funds received by the State under this section to purchase accessible voting systems described in subsection (a)(1)(D).", "id": "H4F3357D45F6F4B94A75BD3A0D2AF4864", "header": "Amount of payment", "nested": [], "links": [] } ], "links": [] }, { "text": "298A. Voting system security improvements described \n(a) Permitted uses \nA voting system security improvement described in this section is any of the following: (1) The acquisition of goods and services from qualified election infrastructure vendors by purchase, lease, or such other arrangements as may be appropriate. (2) Cyber and risk mitigation training. (3) A security risk and vulnerability assessment of the State’s election infrastructure (as defined in section 3908(b) of the Voter Confidence and Increased Accessibility Act of 2023 ) which is carried out by a provider of cybersecurity services under a contract entered into between the chief State election official and the provider. (4) The maintenance of infrastructure used for elections, including addressing risks and vulnerabilities which are identified under either of the security risk and vulnerability assessments described in paragraph (3), except that none of the funds provided under this part may be used to renovate or replace a building or facility which is not a primary provider of information technology services for the administration of elections, and which is used primarily for purposes other than the administration of elections for public office. (5) Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State’s election infrastructure (as so defined) or designates as critical to the operation of the State’s election infrastructure (as so defined). (6) Enhancing the cybersecurity and operations of the information technology infrastructure described in paragraph (4). (7) Enhancing the cybersecurity of voter registration systems. (b) Qualified election infrastructure vendors described \nFor purposes of this part, a qualified election infrastructure vendor is any person who provides, supports, or maintains, or who seeks to provide, support, or maintain, election infrastructure (as defined in section 3908(b) of the Voter Confidence and Increased Accessibility Act of 2023 ) on behalf of a State, unit of local government, or election agency (as defined in section 3908(b) of such Act) who meets the criteria described in section 3908(b) of such Act.", "id": "H397D2C43A1F142F49365FD0984CDF82D", "header": "Voting system security improvements described", "nested": [ { "text": "(a) Permitted uses \nA voting system security improvement described in this section is any of the following: (1) The acquisition of goods and services from qualified election infrastructure vendors by purchase, lease, or such other arrangements as may be appropriate. (2) Cyber and risk mitigation training. (3) A security risk and vulnerability assessment of the State’s election infrastructure (as defined in section 3908(b) of the Voter Confidence and Increased Accessibility Act of 2023 ) which is carried out by a provider of cybersecurity services under a contract entered into between the chief State election official and the provider. (4) The maintenance of infrastructure used for elections, including addressing risks and vulnerabilities which are identified under either of the security risk and vulnerability assessments described in paragraph (3), except that none of the funds provided under this part may be used to renovate or replace a building or facility which is not a primary provider of information technology services for the administration of elections, and which is used primarily for purposes other than the administration of elections for public office. (5) Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State’s election infrastructure (as so defined) or designates as critical to the operation of the State’s election infrastructure (as so defined). (6) Enhancing the cybersecurity and operations of the information technology infrastructure described in paragraph (4). (7) Enhancing the cybersecurity of voter registration systems.", "id": "H5A78FE8A976249ED9643F8842235CB28", "header": "Permitted uses", "nested": [], "links": [] }, { "text": "(b) Qualified election infrastructure vendors described \nFor purposes of this part, a qualified election infrastructure vendor is any person who provides, supports, or maintains, or who seeks to provide, support, or maintain, election infrastructure (as defined in section 3908(b) of the Voter Confidence and Increased Accessibility Act of 2023 ) on behalf of a State, unit of local government, or election agency (as defined in section 3908(b) of such Act) who meets the criteria described in section 3908(b) of such Act.", "id": "H6B16CD1A8D57405F987EC4F3BE8B8B74", "header": "Qualified election infrastructure vendors described", "nested": [], "links": [] } ], "links": [] }, { "text": "298B. Eligibility of States \nA State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing— (1) a description of how the State will use the grant to carry out the activities authorized under this part; (2) a certification and assurance that, not later than 5 years after receiving the grant, the State will carry out voting system security improvements, as described in section 298A; and (3) such other information and assurances as the Commission may require.", "id": "H5D103249A2FA46979FA901C9B21B5E3A", "header": "Eligibility of States", "nested": [], "links": [] }, { "text": "298C. Reports to Congress \nNot later than 90 days after the end of each fiscal year, the Commission shall submit a report to the Committees on Homeland Security, House Administration, and the Judiciary of the House of Representatives and the Committees on Homeland Security and Governmental Affairs, the Judiciary, and Rules and Administration of the Senate, on the activities carried out with the funds provided under this part.", "id": "H54232061A72941CB9C346D3D4C609C62", "header": "Reports to Congress", "nested": [], "links": [] }, { "text": "298D. Authorization of appropriations \n(a) Authorization \nThere are authorized to be appropriated for grants under this part— (1) $2,400,000,000 for fiscal year 2024; and (2) $175,000,000 for each of the fiscal years 2026, 2028, 2030, and 2032. (b) Continuing availability of amounts \nAny amounts appropriated pursuant to the authorization of this section shall remain available until expended.", "id": "H9F27336564DD4B048F195E6E13866BAE", "header": "Authorization of appropriations", "nested": [ { "text": "(a) Authorization \nThere are authorized to be appropriated for grants under this part— (1) $2,400,000,000 for fiscal year 2024; and (2) $175,000,000 for each of the fiscal years 2026, 2028, 2030, and 2032.", "id": "H3B90682C7FD64ACCAC4C4DE85CA833F5", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Continuing availability of amounts \nAny amounts appropriated pursuant to the authorization of this section shall remain available until expended.", "id": "HAAD4BE7B7C3A4FBDA5F2BB4907A3A1EB", "header": "Continuing availability of amounts", "nested": [], "links": [] } ], "links": [] }, { "text": "3911. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards \n(a) In general \nSection 302 of the Help America Vote Act of 2002 ( 52 U.S.C. 21082 ), as amended by section 1601(a), is amended— (1) by redesignating subsection (e) as subsection (h); and (2) by inserting after subsection (d) the following new subsections: (e) Counting of provisional ballots \n(1) In general \n(A) For purposes of subsection (a)(4), if a provisional ballot is cast within the same county in which the voter is registered or otherwise eligible to vote, then notwithstanding the precinct or polling place at which a provisional ballot is cast within the county, the appropriate election official of the jurisdiction in which the individual is registered or otherwise eligible to vote shall count each vote on such ballot for each election in which the individual who cast such ballot is eligible to vote. (B) In addition to the requirements under subsection (a), for each State or political subdivision that provides voters provisional ballots, challenge ballots, or affidavit ballots under the State’s applicable law governing the voting processes for those voters whose eligibility to vote is determined to be uncertain by election officials, election officials shall— (i) provide clear written instructions indicating the reason the voter was given a provisional ballot, the information or documents the voter needs to prove eligibility, the location at which the voter must appear to submit these materials or alternative methods, including email or facsimile, that the voter may use to submit these materials, and the deadline for submitting these materials; (ii) provide a verbal translation of any written instructions to the voter if necessary; (iii) permit any voter who votes provisionally at any polling place on Indian lands to appear at any polling place or at a central location for the election board to submit the documentation or information to prove eligibility; and (iv) notify the voter as to whether the voter’s provisional ballot was counted or rejected and provide the reason for rejection if the voter’s provisional ballot was rejected after the voter provided the required information or documentation on eligibility. (2) Rule of construction \nNothing in this subsection shall prohibit a State or jurisdiction from counting a provisional ballot which is cast in a different county within the State than the county in which the voter is registered or otherwise eligible to vote. (f) Due process requirements for states requiring signature verification \n(1) Requirement \n(A) In general \nA State may not impose a signature verification requirement as a condition of accepting and counting a provisional ballot submitted by any individual with respect to an election for Federal office unless the State meets the due process requirements described in paragraph (2). (B) Signature verification requirement described \nIn this subsection, a signature verification requirement is a requirement that an election official verify the identification of an individual by comparing the individual’s signature on the provisional ballot with the individual’s signature on the official list of registered voters in the State or another official record or other document used by the State to verify the signatures of voters. (2) Due process requirements \n(A) Notice and opportunity to cure discrepancy in signatures \nIf an individual submits a provisional ballot and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall— (i) as soon as practical, but no later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (I) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; and (II) if such discrepancy is not cured prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (ii) cure such discrepancy and count the ballot if, prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. (B) Notice and opportunity to cure missing signature or other defect \nIf an individual submits a provisional ballot without a signature or submits a provisional ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall— (i) as soon as practical, but no later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (I) the ballot did not include a signature or has some other defect; and (II) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (ii) count the ballot if, prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with the missing signature on a form proscribed by the State or cures the other defect. (C) Other requirements \n(i) In general \nAn election official may not make a determination that a discrepancy exists between the signature on a provisional ballot and the signature of the individual on the official list of registered voters in the State or other official record or other document used by the State to verify the signatures of voters unless— (I) at least 2 election officials make the determination; (II) each official who makes the determination has received training in procedures used to verify signatures; and (III) of the officials who make the determination, at least one is affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State and at least one is affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State. (ii) Exception \nClause (i)(III) shall not apply to any State in which, under a law that is in effect continuously on and after the date of enactment of this section, determinations regarding signature discrepancies are made by election officials who are not affiliated with a political party. (3) Report \n(A) In general \nNot later than 120 days after the end of a Federal election cycle, each chief State election official shall submit to the Commission a report containing the following information for the applicable Federal election cycle in the State: (i) The number of provisional ballots invalidated due to a discrepancy under this subsection. (ii) Description of attempts to contact voters to provide notice as required by this subsection. (iii) Description of the cure process developed by such State pursuant to this subsection, including the number of provisional ballots determined valid as a result of such process. (B) Submission to congress \nNot later than 10 days after receiving a report under subparagraph (A), the Commission shall transmit such report to Congress. (C) Federal election cycle defined \nFor purposes of this subsection, the term Federal election cycle means, with respect to any regularly scheduled election for Federal office, the period beginning on the day after the date of the preceding regularly scheduled general election for Federal office and ending on the date of such regularly scheduled general election. (4) Rule of construction \nNothing in this subsection shall be construed— (A) to prohibit a State from rejecting a ballot attempted to be cast in an election for Federal office by an individual who is not eligible to vote in the election; or (B) to prohibit a State from providing an individual with more time and more methods for curing a discrepancy in the individual’s signature, providing a missing signature, or curing any other defect than the State is required to provide under this subsection. (5) Effective date \nThis subsection shall apply with respect to elections held on or after January 1, 2024. (g) Uniform and nondiscriminatory standards \n(1) In general \nConsistent with the requirements of this section, each State shall establish uniform and nondiscriminatory standards for the issuance, handling, and counting of provisional ballots. (2) Effective date \nThis subsection shall apply with respect to elections held on or after January 1, 2024. (h) Additional conditions prohibited \nIf an individual in a State is eligible to cast a provisional ballot as provided under this section, the State may not impose any additional conditions or requirements (including conditions or requirements regarding the timeframe in which a provisional ballot may be cast) on the eligibility of the individual to cast such provisional ballot.. (b) Conforming amendment \nSection 302(h) of such Act ( 52 U.S.C. 21082(g) ), as amended by section 1601(a) and redesignated by subsection (a), is amended by striking subsection (d)(4) and inserting subsections (d)(4), (e)(3), and (f)(2).", "id": "HE72C6E1028554B42B0D0F7C95768939B", "header": "Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards", "nested": [ { "text": "(a) In general \nSection 302 of the Help America Vote Act of 2002 ( 52 U.S.C. 21082 ), as amended by section 1601(a), is amended— (1) by redesignating subsection (e) as subsection (h); and (2) by inserting after subsection (d) the following new subsections: (e) Counting of provisional ballots \n(1) In general \n(A) For purposes of subsection (a)(4), if a provisional ballot is cast within the same county in which the voter is registered or otherwise eligible to vote, then notwithstanding the precinct or polling place at which a provisional ballot is cast within the county, the appropriate election official of the jurisdiction in which the individual is registered or otherwise eligible to vote shall count each vote on such ballot for each election in which the individual who cast such ballot is eligible to vote. (B) In addition to the requirements under subsection (a), for each State or political subdivision that provides voters provisional ballots, challenge ballots, or affidavit ballots under the State’s applicable law governing the voting processes for those voters whose eligibility to vote is determined to be uncertain by election officials, election officials shall— (i) provide clear written instructions indicating the reason the voter was given a provisional ballot, the information or documents the voter needs to prove eligibility, the location at which the voter must appear to submit these materials or alternative methods, including email or facsimile, that the voter may use to submit these materials, and the deadline for submitting these materials; (ii) provide a verbal translation of any written instructions to the voter if necessary; (iii) permit any voter who votes provisionally at any polling place on Indian lands to appear at any polling place or at a central location for the election board to submit the documentation or information to prove eligibility; and (iv) notify the voter as to whether the voter’s provisional ballot was counted or rejected and provide the reason for rejection if the voter’s provisional ballot was rejected after the voter provided the required information or documentation on eligibility. (2) Rule of construction \nNothing in this subsection shall prohibit a State or jurisdiction from counting a provisional ballot which is cast in a different county within the State than the county in which the voter is registered or otherwise eligible to vote. (f) Due process requirements for states requiring signature verification \n(1) Requirement \n(A) In general \nA State may not impose a signature verification requirement as a condition of accepting and counting a provisional ballot submitted by any individual with respect to an election for Federal office unless the State meets the due process requirements described in paragraph (2). (B) Signature verification requirement described \nIn this subsection, a signature verification requirement is a requirement that an election official verify the identification of an individual by comparing the individual’s signature on the provisional ballot with the individual’s signature on the official list of registered voters in the State or another official record or other document used by the State to verify the signatures of voters. (2) Due process requirements \n(A) Notice and opportunity to cure discrepancy in signatures \nIf an individual submits a provisional ballot and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall— (i) as soon as practical, but no later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (I) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; and (II) if such discrepancy is not cured prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (ii) cure such discrepancy and count the ballot if, prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. (B) Notice and opportunity to cure missing signature or other defect \nIf an individual submits a provisional ballot without a signature or submits a provisional ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall— (i) as soon as practical, but no later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (I) the ballot did not include a signature or has some other defect; and (II) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (ii) count the ballot if, prior to the expiration of the third day following the State’s deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with the missing signature on a form proscribed by the State or cures the other defect. (C) Other requirements \n(i) In general \nAn election official may not make a determination that a discrepancy exists between the signature on a provisional ballot and the signature of the individual on the official list of registered voters in the State or other official record or other document used by the State to verify the signatures of voters unless— (I) at least 2 election officials make the determination; (II) each official who makes the determination has received training in procedures used to verify signatures; and (III) of the officials who make the determination, at least one is affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State and at least one is affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State. (ii) Exception \nClause (i)(III) shall not apply to any State in which, under a law that is in effect continuously on and after the date of enactment of this section, determinations regarding signature discrepancies are made by election officials who are not affiliated with a political party. (3) Report \n(A) In general \nNot later than 120 days after the end of a Federal election cycle, each chief State election official shall submit to the Commission a report containing the following information for the applicable Federal election cycle in the State: (i) The number of provisional ballots invalidated due to a discrepancy under this subsection. (ii) Description of attempts to contact voters to provide notice as required by this subsection. (iii) Description of the cure process developed by such State pursuant to this subsection, including the number of provisional ballots determined valid as a result of such process. (B) Submission to congress \nNot later than 10 days after receiving a report under subparagraph (A), the Commission shall transmit such report to Congress. (C) Federal election cycle defined \nFor purposes of this subsection, the term Federal election cycle means, with respect to any regularly scheduled election for Federal office, the period beginning on the day after the date of the preceding regularly scheduled general election for Federal office and ending on the date of such regularly scheduled general election. (4) Rule of construction \nNothing in this subsection shall be construed— (A) to prohibit a State from rejecting a ballot attempted to be cast in an election for Federal office by an individual who is not eligible to vote in the election; or (B) to prohibit a State from providing an individual with more time and more methods for curing a discrepancy in the individual’s signature, providing a missing signature, or curing any other defect than the State is required to provide under this subsection. (5) Effective date \nThis subsection shall apply with respect to elections held on or after January 1, 2024. (g) Uniform and nondiscriminatory standards \n(1) In general \nConsistent with the requirements of this section, each State shall establish uniform and nondiscriminatory standards for the issuance, handling, and counting of provisional ballots. (2) Effective date \nThis subsection shall apply with respect to elections held on or after January 1, 2024. (h) Additional conditions prohibited \nIf an individual in a State is eligible to cast a provisional ballot as provided under this section, the State may not impose any additional conditions or requirements (including conditions or requirements regarding the timeframe in which a provisional ballot may be cast) on the eligibility of the individual to cast such provisional ballot..", "id": "H85DD60227E0B45FD9A725072B86271B0", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 21082", "legal-doc": "usc", "parsable-cite": "usc/52/21082" } ] }, { "text": "(b) Conforming amendment \nSection 302(h) of such Act ( 52 U.S.C. 21082(g) ), as amended by section 1601(a) and redesignated by subsection (a), is amended by striking subsection (d)(4) and inserting subsections (d)(4), (e)(3), and (f)(2).", "id": "H38DB079D352F43D6AB59508FF7B65ED7", "header": "Conforming amendment", "nested": [], "links": [ { "text": "52 U.S.C. 21082(g)", "legal-doc": "usc", "parsable-cite": "usc/52/21082" } ] } ], "links": [ { "text": "52 U.S.C. 21082", "legal-doc": "usc", "parsable-cite": "usc/52/21082" }, { "text": "52 U.S.C. 21082(g)", "legal-doc": "usc", "parsable-cite": "usc/52/21082" } ] }, { "text": "4001. Post-election audit requirement \n(a) In general \nTitle III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 3601, is amended by inserting after section 303A the following new section: 303B. Post-election audits \n(a) Definitions \nIn this section: (1) Post-election audit \nExcept as provided in subsection (c)(1)(B), the term post-election audit means, with respect to any election contest, a post-election process that— (A) has a probability of at least 95 percent of correcting the reported outcome if the reported outcome is not the correct outcome; (B) will not change the outcome if the reported outcome is the correct outcome; and (C) involves a manual adjudication of voter intent from some or all of the ballots validly cast in the election contest. (2) Reported outcome; correct outcome; outcome \n(A) Reported outcome \nThe term reported outcome means the outcome of an election contest which is determined according to the canvass and which will become the official, certified outcome unless it is revised by an audit, recount, or other legal process. (B) Correct outcome \nThe term correct outcome means the outcome that would be determined by a manual adjudication of voter intent for all votes validly cast in the election contest. (C) Outcome \nThe term outcome means the winner or set of winners of an election contest. (3) Manual adjudication of voter intent \nThe term manual adjudication of voter intent means direct inspection and determination by humans, without assistance from electronic or mechanical tabulation devices, of the ballot choices marked by voters on each voter-verifiable paper record. (4) Ballot manifest \nThe term ballot manifest means a record maintained by each jurisdiction that— (A) is created without reliance on any part of the voting system used to tabulate votes; (B) functions as a sampling frame for conducting a post-election audit; and (C) accounts for all ballots validly cast regardless of how they were tabulated and includes a precise description of the manner in which the ballots are physically stored, including the total number of physical groups of ballots, the numbering system for each group, a unique label for each group, and the number of ballots in each such group. (b) Requirements \n(1) In general \n(A) Audits \n(i) In general \nEach State and jurisdiction shall administer post-election audits of the results of all election contests for Federal office held in the State in accordance with the requirements of paragraph (2). (ii) Exception \nClause (i) shall not apply to any election contest for which the State or jurisdiction conducts a full recount through a manual adjudication of voter intent. (B) Full manual tabulation \nIf a post-election audit conducted under subparagraph (A) corrects the reported outcome of an election contest, the State or jurisdiction shall use the results of the manual adjudication of voter intent conducted as part of the post-election audit as the official results of the election contest. (2) Audit requirements \n(A) Rules and procedures \n(i) In general \nNot later than 6 years after the date of the enactment of this section, the chief State election official of the State shall establish rules and procedures for conducting post-election audits. (ii) Matters included \nThe rules and procedures established under clause (i) shall include the following: (I) Rules and procedures for ensuring the security of ballots and documenting that prescribed procedures were followed. (II) Rules and procedures for ensuring the accuracy of ballot manifests produced by jurisdictions. (III) Rules and procedures for governing the format of ballot manifests and other data involved in post-election audits. (IV) Methods to ensure that any cast vote records used in a post-election audit are those used by the voting system to tally the results of the election contest sent to the chief State election official of the State and made public. (V) Rules and procedures for the random selection of ballots to be inspected manually during each audit. (VI) Rules and procedures for the calculations and other methods to be used in the audit and to determine whether and when the audit of each election contest is complete. (VII) Rules and procedures for testing any software used to conduct post-election audits. (B) Public report \n(i) In general \nAfter the completion of the post-election audit and at least 5 days before the election contest is certified by the State, the State shall make public and submit to the Commission a report on the results of the audit, together with such information as necessary to confirm that the audit was conducted properly. (ii) Format of data \nAll data published with the report under clause (i) shall be published in machine-readable, open data formats. (iii) Protection of anonymity of votes \nInformation and data published by the State under this subparagraph shall not compromise the anonymity of votes. (iv) Report made available by Commission \nAfter receiving any report submitted under clause (i), the Commission shall make such report available on its website. (3) Effective date; waiver \n(A) In general \nExcept as provided in subparagraphs (B) and (C), each State and jurisdiction shall be required to comply with the requirements of this subsection for the first regularly scheduled election for Federal office occurring in 2034 and for each subsequent election for Federal office. (B) Waiver \nExcept as provided in subparagraph (C), if a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2034, that the State will not meet the deadline described in subparagraph (A) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (A) and subsection (c)(2) shall be applied to the State by substituting 2036 for 2034. (C) Additional waiver period \nIf a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2036, that the State will not meet the deadline described in subparagraph (A) (after application of subparagraph (B)) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (A) and subsection (c)(2) shall be applied to the State by substituting 2038 for 2034. (c) Phased implementation \n(1) Post-election audits \n(A) In general \nFor the regularly scheduled elections for Federal office occurring in 2026 and 2028, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random. (B) Post-election audit defined \nIn this subsection, the term post-election audit means a post-election process that involves a manual adjudication of voter intent from a sample of ballots validly cast in the election contest. (2) Post-election audits for select contests \nSubject to subparagraphs (B) and (C) of subsection (b)(3), for the regularly scheduled elections for Federal office occurring in 2030 and for each subsequent election for Federal office that occurs prior to the first regularly scheduled election for Federal office occurring in 2034, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random. (3) States that administer post-election audits for all contests \nA State shall be exempt from the requirements of this subsection for any regularly scheduled election for Federal office in which the State meets the requirements of subsection (b).. (b) Clerical amendment \nThe table of contents for such Act, as amended by section 3601, is amended by inserting after the item relating to section 303A the following new item: Sec. 303B. Post-election audits.. (c) Study on post-Election audit best practices \n(1) In general \nThe Director of the National Institute of Standards and Technology shall establish an advisory committee to study post-election audits and establish best practices for post-election audit methodologies and procedures. (2) Advisory committee \nThe Director of the National Institute of Standards and Technology shall appoint individuals to the advisory committee and secure the representation of— (A) State and local election officials; (B) individuals with experience and expertise in election security; (C) individuals with experience and expertise in post-election audit procedures; and (D) individuals with experience and expertise in statistical methods. (3) Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out the purposes of this subsection.", "id": "H456877056ADE4D7E851BC5B88DF641CD", "header": "Post-election audit requirement", "nested": [ { "text": "(a) In general \nTitle III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 3601, is amended by inserting after section 303A the following new section: 303B. Post-election audits \n(a) Definitions \nIn this section: (1) Post-election audit \nExcept as provided in subsection (c)(1)(B), the term post-election audit means, with respect to any election contest, a post-election process that— (A) has a probability of at least 95 percent of correcting the reported outcome if the reported outcome is not the correct outcome; (B) will not change the outcome if the reported outcome is the correct outcome; and (C) involves a manual adjudication of voter intent from some or all of the ballots validly cast in the election contest. (2) Reported outcome; correct outcome; outcome \n(A) Reported outcome \nThe term reported outcome means the outcome of an election contest which is determined according to the canvass and which will become the official, certified outcome unless it is revised by an audit, recount, or other legal process. (B) Correct outcome \nThe term correct outcome means the outcome that would be determined by a manual adjudication of voter intent for all votes validly cast in the election contest. (C) Outcome \nThe term outcome means the winner or set of winners of an election contest. (3) Manual adjudication of voter intent \nThe term manual adjudication of voter intent means direct inspection and determination by humans, without assistance from electronic or mechanical tabulation devices, of the ballot choices marked by voters on each voter-verifiable paper record. (4) Ballot manifest \nThe term ballot manifest means a record maintained by each jurisdiction that— (A) is created without reliance on any part of the voting system used to tabulate votes; (B) functions as a sampling frame for conducting a post-election audit; and (C) accounts for all ballots validly cast regardless of how they were tabulated and includes a precise description of the manner in which the ballots are physically stored, including the total number of physical groups of ballots, the numbering system for each group, a unique label for each group, and the number of ballots in each such group. (b) Requirements \n(1) In general \n(A) Audits \n(i) In general \nEach State and jurisdiction shall administer post-election audits of the results of all election contests for Federal office held in the State in accordance with the requirements of paragraph (2). (ii) Exception \nClause (i) shall not apply to any election contest for which the State or jurisdiction conducts a full recount through a manual adjudication of voter intent. (B) Full manual tabulation \nIf a post-election audit conducted under subparagraph (A) corrects the reported outcome of an election contest, the State or jurisdiction shall use the results of the manual adjudication of voter intent conducted as part of the post-election audit as the official results of the election contest. (2) Audit requirements \n(A) Rules and procedures \n(i) In general \nNot later than 6 years after the date of the enactment of this section, the chief State election official of the State shall establish rules and procedures for conducting post-election audits. (ii) Matters included \nThe rules and procedures established under clause (i) shall include the following: (I) Rules and procedures for ensuring the security of ballots and documenting that prescribed procedures were followed. (II) Rules and procedures for ensuring the accuracy of ballot manifests produced by jurisdictions. (III) Rules and procedures for governing the format of ballot manifests and other data involved in post-election audits. (IV) Methods to ensure that any cast vote records used in a post-election audit are those used by the voting system to tally the results of the election contest sent to the chief State election official of the State and made public. (V) Rules and procedures for the random selection of ballots to be inspected manually during each audit. (VI) Rules and procedures for the calculations and other methods to be used in the audit and to determine whether and when the audit of each election contest is complete. (VII) Rules and procedures for testing any software used to conduct post-election audits. (B) Public report \n(i) In general \nAfter the completion of the post-election audit and at least 5 days before the election contest is certified by the State, the State shall make public and submit to the Commission a report on the results of the audit, together with such information as necessary to confirm that the audit was conducted properly. (ii) Format of data \nAll data published with the report under clause (i) shall be published in machine-readable, open data formats. (iii) Protection of anonymity of votes \nInformation and data published by the State under this subparagraph shall not compromise the anonymity of votes. (iv) Report made available by Commission \nAfter receiving any report submitted under clause (i), the Commission shall make such report available on its website. (3) Effective date; waiver \n(A) In general \nExcept as provided in subparagraphs (B) and (C), each State and jurisdiction shall be required to comply with the requirements of this subsection for the first regularly scheduled election for Federal office occurring in 2034 and for each subsequent election for Federal office. (B) Waiver \nExcept as provided in subparagraph (C), if a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2034, that the State will not meet the deadline described in subparagraph (A) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (A) and subsection (c)(2) shall be applied to the State by substituting 2036 for 2034. (C) Additional waiver period \nIf a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2036, that the State will not meet the deadline described in subparagraph (A) (after application of subparagraph (B)) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (A) and subsection (c)(2) shall be applied to the State by substituting 2038 for 2034. (c) Phased implementation \n(1) Post-election audits \n(A) In general \nFor the regularly scheduled elections for Federal office occurring in 2026 and 2028, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random. (B) Post-election audit defined \nIn this subsection, the term post-election audit means a post-election process that involves a manual adjudication of voter intent from a sample of ballots validly cast in the election contest. (2) Post-election audits for select contests \nSubject to subparagraphs (B) and (C) of subsection (b)(3), for the regularly scheduled elections for Federal office occurring in 2030 and for each subsequent election for Federal office that occurs prior to the first regularly scheduled election for Federal office occurring in 2034, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random. (3) States that administer post-election audits for all contests \nA State shall be exempt from the requirements of this subsection for any regularly scheduled election for Federal office in which the State meets the requirements of subsection (b)..", "id": "H51BF9C29F57C4C3FB366560BF7A18B0C", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "(b) Clerical amendment \nThe table of contents for such Act, as amended by section 3601, is amended by inserting after the item relating to section 303A the following new item: Sec. 303B. Post-election audits..", "id": "H2D57DB1E81B648E69E55D3AECE552893", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(c) Study on post-Election audit best practices \n(1) In general \nThe Director of the National Institute of Standards and Technology shall establish an advisory committee to study post-election audits and establish best practices for post-election audit methodologies and procedures. (2) Advisory committee \nThe Director of the National Institute of Standards and Technology shall appoint individuals to the advisory committee and secure the representation of— (A) State and local election officials; (B) individuals with experience and expertise in election security; (C) individuals with experience and expertise in post-election audit procedures; and (D) individuals with experience and expertise in statistical methods. (3) Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out the purposes of this subsection.", "id": "HA9DADF5ECA2D4FAC8AE587F93DC699E6", "header": "Study on post-Election audit best practices", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "303B. Post-election audits \n(a) Definitions \nIn this section: (1) Post-election audit \nExcept as provided in subsection (c)(1)(B), the term post-election audit means, with respect to any election contest, a post-election process that— (A) has a probability of at least 95 percent of correcting the reported outcome if the reported outcome is not the correct outcome; (B) will not change the outcome if the reported outcome is the correct outcome; and (C) involves a manual adjudication of voter intent from some or all of the ballots validly cast in the election contest. (2) Reported outcome; correct outcome; outcome \n(A) Reported outcome \nThe term reported outcome means the outcome of an election contest which is determined according to the canvass and which will become the official, certified outcome unless it is revised by an audit, recount, or other legal process. (B) Correct outcome \nThe term correct outcome means the outcome that would be determined by a manual adjudication of voter intent for all votes validly cast in the election contest. (C) Outcome \nThe term outcome means the winner or set of winners of an election contest. (3) Manual adjudication of voter intent \nThe term manual adjudication of voter intent means direct inspection and determination by humans, without assistance from electronic or mechanical tabulation devices, of the ballot choices marked by voters on each voter-verifiable paper record. (4) Ballot manifest \nThe term ballot manifest means a record maintained by each jurisdiction that— (A) is created without reliance on any part of the voting system used to tabulate votes; (B) functions as a sampling frame for conducting a post-election audit; and (C) accounts for all ballots validly cast regardless of how they were tabulated and includes a precise description of the manner in which the ballots are physically stored, including the total number of physical groups of ballots, the numbering system for each group, a unique label for each group, and the number of ballots in each such group. (b) Requirements \n(1) In general \n(A) Audits \n(i) In general \nEach State and jurisdiction shall administer post-election audits of the results of all election contests for Federal office held in the State in accordance with the requirements of paragraph (2). (ii) Exception \nClause (i) shall not apply to any election contest for which the State or jurisdiction conducts a full recount through a manual adjudication of voter intent. (B) Full manual tabulation \nIf a post-election audit conducted under subparagraph (A) corrects the reported outcome of an election contest, the State or jurisdiction shall use the results of the manual adjudication of voter intent conducted as part of the post-election audit as the official results of the election contest. (2) Audit requirements \n(A) Rules and procedures \n(i) In general \nNot later than 6 years after the date of the enactment of this section, the chief State election official of the State shall establish rules and procedures for conducting post-election audits. (ii) Matters included \nThe rules and procedures established under clause (i) shall include the following: (I) Rules and procedures for ensuring the security of ballots and documenting that prescribed procedures were followed. (II) Rules and procedures for ensuring the accuracy of ballot manifests produced by jurisdictions. (III) Rules and procedures for governing the format of ballot manifests and other data involved in post-election audits. (IV) Methods to ensure that any cast vote records used in a post-election audit are those used by the voting system to tally the results of the election contest sent to the chief State election official of the State and made public. (V) Rules and procedures for the random selection of ballots to be inspected manually during each audit. (VI) Rules and procedures for the calculations and other methods to be used in the audit and to determine whether and when the audit of each election contest is complete. (VII) Rules and procedures for testing any software used to conduct post-election audits. (B) Public report \n(i) In general \nAfter the completion of the post-election audit and at least 5 days before the election contest is certified by the State, the State shall make public and submit to the Commission a report on the results of the audit, together with such information as necessary to confirm that the audit was conducted properly. (ii) Format of data \nAll data published with the report under clause (i) shall be published in machine-readable, open data formats. (iii) Protection of anonymity of votes \nInformation and data published by the State under this subparagraph shall not compromise the anonymity of votes. (iv) Report made available by Commission \nAfter receiving any report submitted under clause (i), the Commission shall make such report available on its website. (3) Effective date; waiver \n(A) In general \nExcept as provided in subparagraphs (B) and (C), each State and jurisdiction shall be required to comply with the requirements of this subsection for the first regularly scheduled election for Federal office occurring in 2034 and for each subsequent election for Federal office. (B) Waiver \nExcept as provided in subparagraph (C), if a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2034, that the State will not meet the deadline described in subparagraph (A) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (A) and subsection (c)(2) shall be applied to the State by substituting 2036 for 2034. (C) Additional waiver period \nIf a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2036, that the State will not meet the deadline described in subparagraph (A) (after application of subparagraph (B)) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (A) and subsection (c)(2) shall be applied to the State by substituting 2038 for 2034. (c) Phased implementation \n(1) Post-election audits \n(A) In general \nFor the regularly scheduled elections for Federal office occurring in 2026 and 2028, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random. (B) Post-election audit defined \nIn this subsection, the term post-election audit means a post-election process that involves a manual adjudication of voter intent from a sample of ballots validly cast in the election contest. (2) Post-election audits for select contests \nSubject to subparagraphs (B) and (C) of subsection (b)(3), for the regularly scheduled elections for Federal office occurring in 2030 and for each subsequent election for Federal office that occurs prior to the first regularly scheduled election for Federal office occurring in 2034, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random. (3) States that administer post-election audits for all contests \nA State shall be exempt from the requirements of this subsection for any regularly scheduled election for Federal office in which the State meets the requirements of subsection (b).", "id": "H18BCD57C39CA4A22873CC3774C2735C1", "header": "Post-election audits", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Post-election audit \nExcept as provided in subsection (c)(1)(B), the term post-election audit means, with respect to any election contest, a post-election process that— (A) has a probability of at least 95 percent of correcting the reported outcome if the reported outcome is not the correct outcome; (B) will not change the outcome if the reported outcome is the correct outcome; and (C) involves a manual adjudication of voter intent from some or all of the ballots validly cast in the election contest. (2) Reported outcome; correct outcome; outcome \n(A) Reported outcome \nThe term reported outcome means the outcome of an election contest which is determined according to the canvass and which will become the official, certified outcome unless it is revised by an audit, recount, or other legal process. (B) Correct outcome \nThe term correct outcome means the outcome that would be determined by a manual adjudication of voter intent for all votes validly cast in the election contest. (C) Outcome \nThe term outcome means the winner or set of winners of an election contest. (3) Manual adjudication of voter intent \nThe term manual adjudication of voter intent means direct inspection and determination by humans, without assistance from electronic or mechanical tabulation devices, of the ballot choices marked by voters on each voter-verifiable paper record. (4) Ballot manifest \nThe term ballot manifest means a record maintained by each jurisdiction that— (A) is created without reliance on any part of the voting system used to tabulate votes; (B) functions as a sampling frame for conducting a post-election audit; and (C) accounts for all ballots validly cast regardless of how they were tabulated and includes a precise description of the manner in which the ballots are physically stored, including the total number of physical groups of ballots, the numbering system for each group, a unique label for each group, and the number of ballots in each such group.", "id": "H60D9C3CABB574F19B742CFED7F7158D3", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Requirements \n(1) In general \n(A) Audits \n(i) In general \nEach State and jurisdiction shall administer post-election audits of the results of all election contests for Federal office held in the State in accordance with the requirements of paragraph (2). (ii) Exception \nClause (i) shall not apply to any election contest for which the State or jurisdiction conducts a full recount through a manual adjudication of voter intent. (B) Full manual tabulation \nIf a post-election audit conducted under subparagraph (A) corrects the reported outcome of an election contest, the State or jurisdiction shall use the results of the manual adjudication of voter intent conducted as part of the post-election audit as the official results of the election contest. (2) Audit requirements \n(A) Rules and procedures \n(i) In general \nNot later than 6 years after the date of the enactment of this section, the chief State election official of the State shall establish rules and procedures for conducting post-election audits. (ii) Matters included \nThe rules and procedures established under clause (i) shall include the following: (I) Rules and procedures for ensuring the security of ballots and documenting that prescribed procedures were followed. (II) Rules and procedures for ensuring the accuracy of ballot manifests produced by jurisdictions. (III) Rules and procedures for governing the format of ballot manifests and other data involved in post-election audits. (IV) Methods to ensure that any cast vote records used in a post-election audit are those used by the voting system to tally the results of the election contest sent to the chief State election official of the State and made public. (V) Rules and procedures for the random selection of ballots to be inspected manually during each audit. (VI) Rules and procedures for the calculations and other methods to be used in the audit and to determine whether and when the audit of each election contest is complete. (VII) Rules and procedures for testing any software used to conduct post-election audits. (B) Public report \n(i) In general \nAfter the completion of the post-election audit and at least 5 days before the election contest is certified by the State, the State shall make public and submit to the Commission a report on the results of the audit, together with such information as necessary to confirm that the audit was conducted properly. (ii) Format of data \nAll data published with the report under clause (i) shall be published in machine-readable, open data formats. (iii) Protection of anonymity of votes \nInformation and data published by the State under this subparagraph shall not compromise the anonymity of votes. (iv) Report made available by Commission \nAfter receiving any report submitted under clause (i), the Commission shall make such report available on its website. (3) Effective date; waiver \n(A) In general \nExcept as provided in subparagraphs (B) and (C), each State and jurisdiction shall be required to comply with the requirements of this subsection for the first regularly scheduled election for Federal office occurring in 2034 and for each subsequent election for Federal office. (B) Waiver \nExcept as provided in subparagraph (C), if a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2034, that the State will not meet the deadline described in subparagraph (A) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (A) and subsection (c)(2) shall be applied to the State by substituting 2036 for 2034. (C) Additional waiver period \nIf a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2036, that the State will not meet the deadline described in subparagraph (A) (after application of subparagraph (B)) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (A) and subsection (c)(2) shall be applied to the State by substituting 2038 for 2034.", "id": "H94EB2AD1F48949BAA24C8E5693DF0851", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Phased implementation \n(1) Post-election audits \n(A) In general \nFor the regularly scheduled elections for Federal office occurring in 2026 and 2028, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random. (B) Post-election audit defined \nIn this subsection, the term post-election audit means a post-election process that involves a manual adjudication of voter intent from a sample of ballots validly cast in the election contest. (2) Post-election audits for select contests \nSubject to subparagraphs (B) and (C) of subsection (b)(3), for the regularly scheduled elections for Federal office occurring in 2030 and for each subsequent election for Federal office that occurs prior to the first regularly scheduled election for Federal office occurring in 2034, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random. (3) States that administer post-election audits for all contests \nA State shall be exempt from the requirements of this subsection for any regularly scheduled election for Federal office in which the State meets the requirements of subsection (b).", "id": "HC75DF2F6FC114201808C14CCFA847DFC", "header": "Phased implementation", "nested": [], "links": [] } ], "links": [] }, { "text": "4002. Election infrastructure designation \nSubparagraph (J) of section 2001(3) of the Homeland Security Act of 2002 ( 6 U.S.C. 601(3) ) is amended by inserting , including election infrastructure before the period at the end.", "id": "HE816FB43F0D34400A086A928B76F7600", "header": "Election infrastructure designation", "nested": [], "links": [ { "text": "6 U.S.C. 601(3)", "legal-doc": "usc", "parsable-cite": "usc/6/601" } ] }, { "text": "4003. Guidelines and certification for electronic poll books and remote ballot marking systems \n(a) Inclusion under voluntary voting system guidelines \nSection 222 of the Help America Vote Act of 2002 ( 52 U.S.C. 20962 ) is amended— (1) by redesignating subsections (a), (b), (c), (d), and (e) as subsections (b), (c), (d), (e), and (f); (2) by inserting after the section heading the following: (a) Voluntary voting system guidelines \nThe Commission shall adopt voluntary voting system guidelines that describe functionality, accessibility, and security principles for the design, development, and operation of voting systems, electronic poll books, and remote ballot marking systems. ; and (3) by adding at the end the following new subsections: (g) Initial guidelines for electronic poll books and remote ballot marking systems \n(1) Adoption date \nThe Commission shall adopt initial voluntary voting system guidelines for electronic poll books and remote ballot marking systems not later than 1 year after the date of the enactment of the Freedom to Vote Act. (2) Special rule for initial guidelines \nThe Commission may adopt initial voluntary voting system guidelines for electronic poll books and remote ballot marking systems without modifying the most recently adopted voluntary voting system guidelines for voting systems. (h) Definitions \nIn this section: (1) Electronic poll book \nThe term electronic poll book means the total combination of mechanical, electromechanical, or electronic equipment (including the software, firmware, and documentation required to program, control, and support the equipment) that is used— (A) to retain the list of registered voters at a polling location, or vote center, or other location at which voters cast votes in an election for Federal office; and (B) to identify registered voters who are eligible to vote in an election. (2) Remote ballot marking system \nThe term remote ballot marking system means an election system that— (A) is used by a voter to mark their ballots outside of a voting center or polling place; and (B) allows a voter to receive a blank ballot to mark electronically, print, and then cast by returning the printed ballot to the elections office or other designated location.. (b) Providing for certification of electronic poll books and remote ballot marking system \nSection 231(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 20971(a) ) is amended, in each of paragraphs (1) and (2), by inserting , electronic poll books, and remote ballot marking systems after software.", "id": "H6EA4522F502E4936BC07BC23782E2D2A", "header": "Guidelines and certification for electronic poll books and remote ballot marking systems", "nested": [ { "text": "(a) Inclusion under voluntary voting system guidelines \nSection 222 of the Help America Vote Act of 2002 ( 52 U.S.C. 20962 ) is amended— (1) by redesignating subsections (a), (b), (c), (d), and (e) as subsections (b), (c), (d), (e), and (f); (2) by inserting after the section heading the following: (a) Voluntary voting system guidelines \nThe Commission shall adopt voluntary voting system guidelines that describe functionality, accessibility, and security principles for the design, development, and operation of voting systems, electronic poll books, and remote ballot marking systems. ; and (3) by adding at the end the following new subsections: (g) Initial guidelines for electronic poll books and remote ballot marking systems \n(1) Adoption date \nThe Commission shall adopt initial voluntary voting system guidelines for electronic poll books and remote ballot marking systems not later than 1 year after the date of the enactment of the Freedom to Vote Act. (2) Special rule for initial guidelines \nThe Commission may adopt initial voluntary voting system guidelines for electronic poll books and remote ballot marking systems without modifying the most recently adopted voluntary voting system guidelines for voting systems. (h) Definitions \nIn this section: (1) Electronic poll book \nThe term electronic poll book means the total combination of mechanical, electromechanical, or electronic equipment (including the software, firmware, and documentation required to program, control, and support the equipment) that is used— (A) to retain the list of registered voters at a polling location, or vote center, or other location at which voters cast votes in an election for Federal office; and (B) to identify registered voters who are eligible to vote in an election. (2) Remote ballot marking system \nThe term remote ballot marking system means an election system that— (A) is used by a voter to mark their ballots outside of a voting center or polling place; and (B) allows a voter to receive a blank ballot to mark electronically, print, and then cast by returning the printed ballot to the elections office or other designated location..", "id": "H6B48086E5B9F4BEFA6EB01CA4BAB8421", "header": "Inclusion under voluntary voting system guidelines", "nested": [], "links": [ { "text": "52 U.S.C. 20962", "legal-doc": "usc", "parsable-cite": "usc/52/20962" } ] }, { "text": "(b) Providing for certification of electronic poll books and remote ballot marking system \nSection 231(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 20971(a) ) is amended, in each of paragraphs (1) and (2), by inserting , electronic poll books, and remote ballot marking systems after software.", "id": "H192302C9056F4F90A19AC367D1BBB33A", "header": "Providing for certification of electronic poll books and remote ballot marking system", "nested": [], "links": [ { "text": "52 U.S.C. 20971(a)", "legal-doc": "usc", "parsable-cite": "usc/52/20971" } ] } ], "links": [ { "text": "52 U.S.C. 20962", "legal-doc": "usc", "parsable-cite": "usc/52/20962" }, { "text": "52 U.S.C. 20971(a)", "legal-doc": "usc", "parsable-cite": "usc/52/20971" } ] }, { "text": "4004. Pre-election reports on voting system usage \n(a) Requiring States To submit reports \nTitle III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended by inserting after section 301 the following new section: 301A. Pre-election reports on voting system usage \n(a) Requiring States To submit reports \nNot later than 120 days before the date of each regularly scheduled general election for Federal office, the chief State election official of a State shall submit a report to the Commission containing a detailed voting system usage plan for each jurisdiction in the State which will administer the election, including a detailed plan for the usage of electronic poll books and other equipment and components of such system. If a jurisdiction acquires and implements a new voting system within the 120 days before the date of the election, it shall notify the chief State election official of the State, who shall submit to the Commission in a timely manner an updated report under the preceding sentence. (b) Effective date \nSubsection (a) shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding regularly scheduled general election for Federal office. (b) Clerical amendment \nThe table of contents of such Act is amended by inserting after the item relating to section 301 the following new item: Sec. 301A. Pre-election reports on voting system usage..", "id": "HEED3C73F274346648EB0833435735FB2", "header": "Pre-election reports on voting system usage", "nested": [ { "text": "(a) Requiring States To submit reports \nTitle III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended by inserting after section 301 the following new section: 301A. Pre-election reports on voting system usage \n(a) Requiring States To submit reports \nNot later than 120 days before the date of each regularly scheduled general election for Federal office, the chief State election official of a State shall submit a report to the Commission containing a detailed voting system usage plan for each jurisdiction in the State which will administer the election, including a detailed plan for the usage of electronic poll books and other equipment and components of such system. If a jurisdiction acquires and implements a new voting system within the 120 days before the date of the election, it shall notify the chief State election official of the State, who shall submit to the Commission in a timely manner an updated report under the preceding sentence. (b) Effective date \nSubsection (a) shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding regularly scheduled general election for Federal office.", "id": "H9E589BFACB9546639D717286A30055E4", "header": "Requiring States To submit reports", "nested": [], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "(b) Clerical amendment \nThe table of contents of such Act is amended by inserting after the item relating to section 301 the following new item: Sec. 301A. Pre-election reports on voting system usage..", "id": "H794F1FFBC3F649BDA8FB5145C2A127C5", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 21081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "301A. Pre-election reports on voting system usage \n(a) Requiring States To submit reports \nNot later than 120 days before the date of each regularly scheduled general election for Federal office, the chief State election official of a State shall submit a report to the Commission containing a detailed voting system usage plan for each jurisdiction in the State which will administer the election, including a detailed plan for the usage of electronic poll books and other equipment and components of such system. If a jurisdiction acquires and implements a new voting system within the 120 days before the date of the election, it shall notify the chief State election official of the State, who shall submit to the Commission in a timely manner an updated report under the preceding sentence. (b) Effective date \nSubsection (a) shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding regularly scheduled general election for Federal office", "id": "H5831DF007C044A69B44BB44EDA592DEF", "header": "Pre-election reports on voting system usage", "nested": [ { "text": "(a) Requiring States To submit reports \nNot later than 120 days before the date of each regularly scheduled general election for Federal office, the chief State election official of a State shall submit a report to the Commission containing a detailed voting system usage plan for each jurisdiction in the State which will administer the election, including a detailed plan for the usage of electronic poll books and other equipment and components of such system. If a jurisdiction acquires and implements a new voting system within the 120 days before the date of the election, it shall notify the chief State election official of the State, who shall submit to the Commission in a timely manner an updated report under the preceding sentence.", "id": "H3F29B1BD6E6D42D9A32BBA4C1ECB3CFF", "header": "Requiring States To submit reports", "nested": [], "links": [] }, { "text": "(b) Effective date \nSubsection (a) shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding regularly scheduled general election for Federal office", "id": "HB6B492689A53438DACBD0D390CE507BF", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "4005. Use of voting machines manufactured in the United States \n(a) Requirement \nSection 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a) ), as amended by section 3904 and section 3906, is further amended by adding at the end the following new paragraph: (10) Voting machine requirements \n(A) Manufacturing requirements \nBy not later than the date of the regularly scheduled general election for Federal office occurring in November 2026, each State shall seek to ensure to the extent practicable that any voting machine used in such election and in any subsequent election for Federal office is manufactured in the United States. (B) Assembly requirements \nBy not later than the date of the regularly scheduled general election for Federal office occurring in November 2026, each State shall seek to ensure that any voting machine purchased or acquired for such election and in any subsequent election for Federal office is assembled in the United States. (C) Software and code requirements \nBy not later than the date of the regularly scheduled general election for Federal office occurring in November 2026, each State shall seek to ensure that any software or code developed for any voting system purchased or acquired for such election and in any subsequent election for Federal office is developed and stored in the United States.. (b) Conforming amendment relating to effective date \nSection 301(d)(1) of such Act ( 52 U.S.C. 21081(d)(1) ), as amended by section 3907, is amended by striking paragraph (2) and inserting subsection (a)(10) and paragraph (2).", "id": "H241ECB86F2B24AEFA1613C5BEF4F5C38", "header": "Use of voting machines manufactured in the United States", "nested": [ { "text": "(a) Requirement \nSection 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a) ), as amended by section 3904 and section 3906, is further amended by adding at the end the following new paragraph: (10) Voting machine requirements \n(A) Manufacturing requirements \nBy not later than the date of the regularly scheduled general election for Federal office occurring in November 2026, each State shall seek to ensure to the extent practicable that any voting machine used in such election and in any subsequent election for Federal office is manufactured in the United States. (B) Assembly requirements \nBy not later than the date of the regularly scheduled general election for Federal office occurring in November 2026, each State shall seek to ensure that any voting machine purchased or acquired for such election and in any subsequent election for Federal office is assembled in the United States. (C) Software and code requirements \nBy not later than the date of the regularly scheduled general election for Federal office occurring in November 2026, each State shall seek to ensure that any software or code developed for any voting system purchased or acquired for such election and in any subsequent election for Federal office is developed and stored in the United States..", "id": "HE4B7A836E563492688162DC0B6A5DC95", "header": "Requirement", "nested": [], "links": [ { "text": "52 U.S.C. 21081(a)", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "(b) Conforming amendment relating to effective date \nSection 301(d)(1) of such Act ( 52 U.S.C. 21081(d)(1) ), as amended by section 3907, is amended by striking paragraph (2) and inserting subsection (a)(10) and paragraph (2).", "id": "H9A5C09C27E9A4EF2A177382510542F1F", "header": "Conforming amendment relating to effective date", "nested": [], "links": [ { "text": "52 U.S.C. 21081(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] } ], "links": [ { "text": "52 U.S.C. 21081(a)", "legal-doc": "usc", "parsable-cite": "usc/52/21081" }, { "text": "52 U.S.C. 21081(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/21081" } ] }, { "text": "4006. Use of political party headquarters building fund for technology or cybersecurity-related purposes \n(a) Permitting use of fund \nSection 315(a)(9)(B) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(9)(B) ) is amended by striking the period at the end and inserting the following: , and to defray technology or cybersecurity-related expenses.. (b) Effective date \nThe amendment made by subsection (a) shall apply with respect to calendar year 2024 and each succeeding calendar year.", "id": "HCD9ABB1E3ED3475681640F20FC290489", "header": "Use of political party headquarters building fund for technology or cybersecurity-related purposes", "nested": [ { "text": "(a) Permitting use of fund \nSection 315(a)(9)(B) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(9)(B) ) is amended by striking the period at the end and inserting the following: , and to defray technology or cybersecurity-related expenses..", "id": "HE1FF54FDCE084217B7895577B0547959", "header": "Permitting use of fund", "nested": [], "links": [ { "text": "52 U.S.C. 30116(a)(9)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply with respect to calendar year 2024 and each succeeding calendar year.", "id": "HEB138074F9FD4741ABFF85675F92F612", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30116(a)(9)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "4007. Severability \nIf any provision of this title or any amendment made by this title, or the application of any such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title, and the application of such provision or amendment to any other person or circumstance, shall not be affected by the holding.", "id": "HDBB38F7713C24C6EAB49BD2CC14F8EE6", "header": "Severability", "nested": [], "links": [] }, { "text": "5001. Finding of constitutional authority \nCongress finds that it has the authority to establish the terms and conditions States must follow in carrying out congressional redistricting after an apportionment of Members of the House of Representatives because— (1) the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives; (2) the authority granted to Congress under section 5 of the 14th Amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number; (3) the authority granted to Congress under section 5 of the 14th Amendment to the Constitution gives Congress the power to enact laws to enforce section 1 of such amendment, including protections against excessive partisan gerrymandering that Federal courts have not enforced because they understand such enforcement to be committed to Congress by the Constitution; (4) of the authority granted to Congress to enforce article IV, section 4, of the Constitution, and the guarantee of a Republican Form of Government to every State, which Federal courts have not enforced because they understand such enforcement to be committed to Congress by the Constitution; (5) requiring States to use uniform redistricting criteria is an appropriate and important exercise of such authority; and (6) partisan gerrymandering dilutes citizens’ votes because partisan gerrymandering injures voters and political parties by infringing on their First Amendment right to associate freely and their Fourteenth Amendment right to equal protection of the laws.", "id": "H6C4822F84F5145B6842D3D96F3DCB88A", "header": "Finding of constitutional authority", "nested": [], "links": [] }, { "text": "5002. Ban on mid-decade redistricting \nA State that has been redistricted in accordance with this title may not be redistricted again until after the next apportionment of Representatives under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ), unless a court requires the State to conduct such subsequent redistricting to comply with the Constitution of the United States, the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ), the terms or conditions of this title, or applicable State law.", "id": "H282B958973764BA2B2B7F4E18629A577", "header": "Ban on mid-decade redistricting", "nested": [], "links": [ { "text": "2 U.S.C. 2a", "legal-doc": "usc", "parsable-cite": "usc/2/2a" }, { "text": "52 U.S.C. 10301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/10301" } ] }, { "text": "5003. Criteria for redistricting \n(a) Requiring plans To meet criteria \nA State may not use a congressional redistricting plan enacted following the notice of apportionment transmitted to the President on April 26, 2021, or any subsequent notice of apportionment, if such plan is not in compliance with this section, without regard to whether or not the plan was enacted by the State before, on, or after the effective date of this title. (b) Ranked criteria \nUnder the redistricting plan of a State, there shall be established single-member congressional districts using the following criteria as set forth in the following order of priority: (1) Districts shall comply with the United States Constitution, including the requirement that they substantially equalize total population, without regard to age, citizenship status, or immigration status. (2) Districts shall comply with the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ), including by creating any districts where, if based upon the totality of the circumstances, 2 or more politically cohesive groups protected by such Act are able to elect representatives of choice in coalition with one another, and all applicable Federal laws. (3) (A) Districts shall be drawn, to the extent that the totality of the circumstances warrant, to ensure the practical ability of a group protected under the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ) to participate in the political process and to nominate candidates and to elect representatives of choice is not diluted or diminished, regardless of whether or not such protected group constitutes a majority of a district’s population, voting age population, or citizen voting age population. (B) For purposes of subparagraph (A), the assessment of whether a protected group has the practical ability to nominate candidates and to elect representatives of choice shall require the consideration of the following factors: (i) Whether the group is politically cohesive. (ii) Whether there is racially polarized voting in the relevant geographic region. (iii) If there is racially polarized voting in the relevant geographic region, whether the preferred candidates of the group nevertheless receive a sufficient amount of consistent crossover support from other voters such that the group is a functional majority with the ability to both nominate candidates and elect representatives of choice. (4) (A) Districts shall be drawn to represent communities of interest and neighborhoods to the extent practicable after compliance with the requirements of paragraphs (1) through (3). A community of interest is defined as an area for which the record before the entity responsible for developing and adopting the redistricting plan demonstrates the existence of broadly shared interests and representational needs, including shared interests and representational needs rooted in common ethnic, racial, economic, Indian, social, cultural, geographic, or historic identities, or arising from similar socioeconomic conditions. The term communities of interest may, if the record warrants, include political subdivisions such as counties, municipalities, Indian lands, or school districts, but shall not include common relationships with political parties or political candidates. (B) For purposes of subparagraph (A), in considering the needs of multiple, overlapping communities of interest, the entity responsible for developing and adopting the redistricting plan shall give greater weight to those communities of interest whose representational needs would most benefit from the community’s inclusion in a single congressional district. (c) No favoring or disfavoring of political parties \n(1) Prohibition \nA State may not use a redistricting plan to conduct an election if the plan’s congressional districts, when considered cumulatively on a statewide basis, have been drawn with the intent or have the effect of materially favoring or disfavoring any political party. (2) Determination of effect \nThe determination of whether a redistricting plan has the effect of materially favoring or disfavoring a political party shall be based on an evaluation of the totality of circumstances which, at a minimum, shall involve consideration of each of the following factors: (A) Computer modeling based on relevant statewide general elections for Federal office held over the 8 years preceding the adoption of the redistricting plan setting forth the probable electoral outcomes for the plan under a range of reasonably foreseeable conditions. (B) An analysis of whether the redistricting plan is statistically likely to result in partisan advantage or disadvantage on a statewide basis, the degree of any such advantage or disadvantage, and whether such advantage or disadvantage is likely to be present under a range of reasonably foreseeable electoral conditions. (C) A comparison of the modeled electoral outcomes for the redistricting plan to the modeled electoral outcomes for alternative plans that demonstrably comply with the requirements of paragraphs (1), (2), and (3) of subsection (b) in order to determine whether reasonable alternatives exist that would result in materially lower levels of partisan advantage or disadvantage on a statewide basis. For purposes of this subparagraph, alternative plans considered may include both actual plans proposed during the redistricting process and other plans prepared for purposes of comparison. (D) Any other relevant information, including how broad support for the redistricting plan was among members of the entity responsible for developing and adopting the plan and whether the processes leading to the development and adoption of the plan were transparent and equally open to all members of the entity and to the public. (3) Rebuttable presumption \n(A) Trigger \nIn any civil action brought under section 5006 in which a party asserts a claim that a State has enacted a redistricting plan which is in violation of this subsection, a party may file a motion not later than 30 days after the enactment of the plan (or, in the case of a plan enacted before the effective date of this Act, not later than 30 days after the effective date of this Act) requesting that the court determine whether a presumption of such a violation exists. If such a motion is timely filed, the court shall hold a hearing not later than 15 days after the date the motion is filed to assess whether a presumption of such a violation exists. (B) Assessment \nTo conduct the assessment required under subparagraph (A), the court shall do the following: (i) Determine the number of congressional districts under the plan that would have been carried by each political party’s candidates for the office of President and the office of Senator in the 2 most recent general elections for the office of President and the 2 most recent general elections for the office of Senator (other than special general elections) immediately preceding the enactment of the plan, except that if a State conducts a primary election for the office of Senator which is open to candidates of all political parties, the primary election shall be used instead of the general election and the number of districts carried by a party’s candidates for the office of Senator shall be determined on the basis of the combined vote share of all candidates in the election who are affiliated with such party. (ii) Determine, for each of the 4 elections assessed under clause (i), whether the number of districts that would have been carried by any party’s candidate as determined under clause (i) results in partisan advantage or disadvantage in excess of the applicable threshold described in subparagraph (C). The degree of partisan advantage or disadvantage shall be determined by one or more standard quantitative measures of partisan fairness that— (I) use a party's share of the statewide vote to calculate a corresponding benchmark share of seats; and (II) measure the amount by which the share of seats the party’s candidate would have won in the election involved exceeds the benchmark share of seats. (C) Applicable threshold described \nThe applicable threshold described in this subparagraph is, with respect to a State and a number of seats, the greater of— (i) an amount equal to 7 percent of the number of congressional districts in the State; or (ii) one congressional district. (D) Description of quantitative measures; prohibiting rounding \nIn carrying out this subsection— (i) the standard quantitative measures of partisan fairness used by the court may include the simplified efficiency gap but may not include strict proportionality; and (ii) the court may not round any number. (E) Presumption of violation \nA plan is presumed to violate paragraph (1) if, on the basis of at least one standard quantitative measure of partisan fairness, it exceeds the applicable threshold described in subparagraph (C) with respect to 2 or more of the 4 elections assessed under subparagraph (B). (F) Stay of use of plan \nNotwithstanding any other provision of this title, in any action under this paragraph, the following rules shall apply: (i) Upon filing of a motion under subparagraph (A), a State’s use of the plan which is the subject of the motion shall be automatically stayed pending resolution of such motion. (ii) If after considering the motion, the court rules that the plan is presumed under subparagraph (E) to violate paragraph (1), a State may not use such plan until and unless the court which is carrying out the determination of the effect of the plan under paragraph (2) determines that, notwithstanding the presumptive violation, the plan does not violate paragraph (1). (G) No effect on other assessments \nThe absence of a presumption of a violation with respect to a redistricting plan as determined under this paragraph shall not affect the determination of the effect or intent of the plan under this section. (4) Determination of intent \nA court may rely on all available evidence when determining whether a redistricting plan was drawn with the intent to materially favor or disfavor a political party, including evidence of the partisan effects of a plan, the degree of support the plan received from members of the entity responsible for developing and adopting the plan, and whether the processes leading to development and adoption of the plan were transparent and equally open to all members of the entity and to the public. (5) No violation based on certain criteria \nNo redistricting plan shall be found to be in violation of paragraph (1) because of the proper application of the criteria set forth in paragraphs (1), (2), or (3) of subsection (b), unless one or more alternative plans could have complied with such paragraphs without having the effect of materially favoring or disfavoring a political party. (d) Factors prohibited from consideration \nIn developing the redistricting plan for the State, the State may not take into consideration any of the following factors, except as necessary to comply with the criteria described in paragraphs (1) through (3) of subsection (b), to achieve partisan fairness and comply with subsection (b), and to enable the redistricting plan to be measured against the external metrics described in section 5004(c): (1) The residence of any Member of the House of Representatives or candidate. (2) The political party affiliation or voting history of the population of a district. (e) Additional criteria \nA State may not rely upon criteria, districting principles, or other policies of the State which are not set forth in this section to justify non-compliance with the requirements of this section. (f) Applicability \n(1) In general \nThis section applies to any authority, whether appointed, elected, judicial, or otherwise, responsible for enacting the congressional redistricting plan of a State. (2) Date of enactment \nThis section applies to any congressional redistricting plan enacted following the notice of apportionment transmitted to the President on April 26, 2021, regardless of the date of enactment by the State of the congressional redistricting plan. (g) Severability of criteria \nIf any provision of this section, or the application of any such provision to any person or circumstance, is held to be unconstitutional, the remainder of this section, and the application of such provision to any other person or circumstance, shall not be affected by the holding.", "id": "H45713AE2511D4FCFA3970165153A0DEF", "header": "Criteria for redistricting", "nested": [ { "text": "(a) Requiring plans To meet criteria \nA State may not use a congressional redistricting plan enacted following the notice of apportionment transmitted to the President on April 26, 2021, or any subsequent notice of apportionment, if such plan is not in compliance with this section, without regard to whether or not the plan was enacted by the State before, on, or after the effective date of this title.", "id": "H7020604AE28242E9BBC7C3ABD7CB73EA", "header": "Requiring plans To meet criteria", "nested": [], "links": [] }, { "text": "(b) Ranked criteria \nUnder the redistricting plan of a State, there shall be established single-member congressional districts using the following criteria as set forth in the following order of priority: (1) Districts shall comply with the United States Constitution, including the requirement that they substantially equalize total population, without regard to age, citizenship status, or immigration status. (2) Districts shall comply with the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ), including by creating any districts where, if based upon the totality of the circumstances, 2 or more politically cohesive groups protected by such Act are able to elect representatives of choice in coalition with one another, and all applicable Federal laws. (3) (A) Districts shall be drawn, to the extent that the totality of the circumstances warrant, to ensure the practical ability of a group protected under the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ) to participate in the political process and to nominate candidates and to elect representatives of choice is not diluted or diminished, regardless of whether or not such protected group constitutes a majority of a district’s population, voting age population, or citizen voting age population. (B) For purposes of subparagraph (A), the assessment of whether a protected group has the practical ability to nominate candidates and to elect representatives of choice shall require the consideration of the following factors: (i) Whether the group is politically cohesive. (ii) Whether there is racially polarized voting in the relevant geographic region. (iii) If there is racially polarized voting in the relevant geographic region, whether the preferred candidates of the group nevertheless receive a sufficient amount of consistent crossover support from other voters such that the group is a functional majority with the ability to both nominate candidates and elect representatives of choice. (4) (A) Districts shall be drawn to represent communities of interest and neighborhoods to the extent practicable after compliance with the requirements of paragraphs (1) through (3). A community of interest is defined as an area for which the record before the entity responsible for developing and adopting the redistricting plan demonstrates the existence of broadly shared interests and representational needs, including shared interests and representational needs rooted in common ethnic, racial, economic, Indian, social, cultural, geographic, or historic identities, or arising from similar socioeconomic conditions. The term communities of interest may, if the record warrants, include political subdivisions such as counties, municipalities, Indian lands, or school districts, but shall not include common relationships with political parties or political candidates. (B) For purposes of subparagraph (A), in considering the needs of multiple, overlapping communities of interest, the entity responsible for developing and adopting the redistricting plan shall give greater weight to those communities of interest whose representational needs would most benefit from the community’s inclusion in a single congressional district.", "id": "H915DC909F7274883840F2DC173DF7B6F", "header": "Ranked criteria", "nested": [], "links": [ { "text": "52 U.S.C. 10301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/10301" }, { "text": "52 U.S.C. 10301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/10301" } ] }, { "text": "(c) No favoring or disfavoring of political parties \n(1) Prohibition \nA State may not use a redistricting plan to conduct an election if the plan’s congressional districts, when considered cumulatively on a statewide basis, have been drawn with the intent or have the effect of materially favoring or disfavoring any political party. (2) Determination of effect \nThe determination of whether a redistricting plan has the effect of materially favoring or disfavoring a political party shall be based on an evaluation of the totality of circumstances which, at a minimum, shall involve consideration of each of the following factors: (A) Computer modeling based on relevant statewide general elections for Federal office held over the 8 years preceding the adoption of the redistricting plan setting forth the probable electoral outcomes for the plan under a range of reasonably foreseeable conditions. (B) An analysis of whether the redistricting plan is statistically likely to result in partisan advantage or disadvantage on a statewide basis, the degree of any such advantage or disadvantage, and whether such advantage or disadvantage is likely to be present under a range of reasonably foreseeable electoral conditions. (C) A comparison of the modeled electoral outcomes for the redistricting plan to the modeled electoral outcomes for alternative plans that demonstrably comply with the requirements of paragraphs (1), (2), and (3) of subsection (b) in order to determine whether reasonable alternatives exist that would result in materially lower levels of partisan advantage or disadvantage on a statewide basis. For purposes of this subparagraph, alternative plans considered may include both actual plans proposed during the redistricting process and other plans prepared for purposes of comparison. (D) Any other relevant information, including how broad support for the redistricting plan was among members of the entity responsible for developing and adopting the plan and whether the processes leading to the development and adoption of the plan were transparent and equally open to all members of the entity and to the public. (3) Rebuttable presumption \n(A) Trigger \nIn any civil action brought under section 5006 in which a party asserts a claim that a State has enacted a redistricting plan which is in violation of this subsection, a party may file a motion not later than 30 days after the enactment of the plan (or, in the case of a plan enacted before the effective date of this Act, not later than 30 days after the effective date of this Act) requesting that the court determine whether a presumption of such a violation exists. If such a motion is timely filed, the court shall hold a hearing not later than 15 days after the date the motion is filed to assess whether a presumption of such a violation exists. (B) Assessment \nTo conduct the assessment required under subparagraph (A), the court shall do the following: (i) Determine the number of congressional districts under the plan that would have been carried by each political party’s candidates for the office of President and the office of Senator in the 2 most recent general elections for the office of President and the 2 most recent general elections for the office of Senator (other than special general elections) immediately preceding the enactment of the plan, except that if a State conducts a primary election for the office of Senator which is open to candidates of all political parties, the primary election shall be used instead of the general election and the number of districts carried by a party’s candidates for the office of Senator shall be determined on the basis of the combined vote share of all candidates in the election who are affiliated with such party. (ii) Determine, for each of the 4 elections assessed under clause (i), whether the number of districts that would have been carried by any party’s candidate as determined under clause (i) results in partisan advantage or disadvantage in excess of the applicable threshold described in subparagraph (C). The degree of partisan advantage or disadvantage shall be determined by one or more standard quantitative measures of partisan fairness that— (I) use a party's share of the statewide vote to calculate a corresponding benchmark share of seats; and (II) measure the amount by which the share of seats the party’s candidate would have won in the election involved exceeds the benchmark share of seats. (C) Applicable threshold described \nThe applicable threshold described in this subparagraph is, with respect to a State and a number of seats, the greater of— (i) an amount equal to 7 percent of the number of congressional districts in the State; or (ii) one congressional district. (D) Description of quantitative measures; prohibiting rounding \nIn carrying out this subsection— (i) the standard quantitative measures of partisan fairness used by the court may include the simplified efficiency gap but may not include strict proportionality; and (ii) the court may not round any number. (E) Presumption of violation \nA plan is presumed to violate paragraph (1) if, on the basis of at least one standard quantitative measure of partisan fairness, it exceeds the applicable threshold described in subparagraph (C) with respect to 2 or more of the 4 elections assessed under subparagraph (B). (F) Stay of use of plan \nNotwithstanding any other provision of this title, in any action under this paragraph, the following rules shall apply: (i) Upon filing of a motion under subparagraph (A), a State’s use of the plan which is the subject of the motion shall be automatically stayed pending resolution of such motion. (ii) If after considering the motion, the court rules that the plan is presumed under subparagraph (E) to violate paragraph (1), a State may not use such plan until and unless the court which is carrying out the determination of the effect of the plan under paragraph (2) determines that, notwithstanding the presumptive violation, the plan does not violate paragraph (1). (G) No effect on other assessments \nThe absence of a presumption of a violation with respect to a redistricting plan as determined under this paragraph shall not affect the determination of the effect or intent of the plan under this section. (4) Determination of intent \nA court may rely on all available evidence when determining whether a redistricting plan was drawn with the intent to materially favor or disfavor a political party, including evidence of the partisan effects of a plan, the degree of support the plan received from members of the entity responsible for developing and adopting the plan, and whether the processes leading to development and adoption of the plan were transparent and equally open to all members of the entity and to the public. (5) No violation based on certain criteria \nNo redistricting plan shall be found to be in violation of paragraph (1) because of the proper application of the criteria set forth in paragraphs (1), (2), or (3) of subsection (b), unless one or more alternative plans could have complied with such paragraphs without having the effect of materially favoring or disfavoring a political party.", "id": "H2375E944463D4CD3A776C34B5CD84594", "header": "No favoring or disfavoring of political parties", "nested": [], "links": [] }, { "text": "(d) Factors prohibited from consideration \nIn developing the redistricting plan for the State, the State may not take into consideration any of the following factors, except as necessary to comply with the criteria described in paragraphs (1) through (3) of subsection (b), to achieve partisan fairness and comply with subsection (b), and to enable the redistricting plan to be measured against the external metrics described in section 5004(c): (1) The residence of any Member of the House of Representatives or candidate. (2) The political party affiliation or voting history of the population of a district.", "id": "H2730012AED4D42BB88ECC4FCC055ED30", "header": "Factors prohibited from consideration", "nested": [], "links": [] }, { "text": "(e) Additional criteria \nA State may not rely upon criteria, districting principles, or other policies of the State which are not set forth in this section to justify non-compliance with the requirements of this section.", "id": "HC9835F6CB8F24A07A6B750435FC90A32", "header": "Additional criteria", "nested": [], "links": [] }, { "text": "(f) Applicability \n(1) In general \nThis section applies to any authority, whether appointed, elected, judicial, or otherwise, responsible for enacting the congressional redistricting plan of a State. (2) Date of enactment \nThis section applies to any congressional redistricting plan enacted following the notice of apportionment transmitted to the President on April 26, 2021, regardless of the date of enactment by the State of the congressional redistricting plan.", "id": "H518C7E75E982482CB0982B170456E519", "header": "Applicability", "nested": [], "links": [] }, { "text": "(g) Severability of criteria \nIf any provision of this section, or the application of any such provision to any person or circumstance, is held to be unconstitutional, the remainder of this section, and the application of such provision to any other person or circumstance, shall not be affected by the holding.", "id": "H02ABCBCB07064E95A343781806079E07", "header": "Severability of criteria", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 10301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/10301" }, { "text": "52 U.S.C. 10301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/10301" } ] }, { "text": "5004. Development of plan \n(a) Public notice and input \n(1) Use of open and transparent process \nThe entity responsible for developing and adopting the congressional redistricting plan of a State shall solicit and take into consideration comments from the public throughout the process of developing the plan, and shall carry out its duties in an open and transparent manner which provides for the widest public dissemination reasonably possible of its proposed and final redistricting plans. (2) Website \n(A) Features \nThe entity shall maintain a public internet site which is not affiliated with or maintained by the office of any elected official and which includes the following features: (i) All proposed redistricting plans and the final redistricting plan, including the accompanying written evaluation under subsection (c). (ii) All comments received from the public submitted under paragraph (1). (iii) Access in an easily usable format to the demographic and other data used by the entity to develop and analyze the proposed redistricting plans, together with any reports analyzing and evaluating such plans and access to software that members of the public may use to draw maps of proposed districts. (iv) A method by which members of the public may submit comments directly to the entity. (B) Searchable format \nThe entity shall ensure that all information posted and maintained on the site under this paragraph, including information and proposed maps submitted by the public, shall be maintained in an easily searchable format. (3) Multiple language requirements for all notices \nThe entity responsible for developing and adopting the plan shall make each notice which is required to be posted and published under this section available in any language in which the State (or any jurisdiction in the State) is required to provide election materials under section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ). (b) Development of plan \n(1) Hearings \nThe entity responsible for developing and adopting the congressional redistricting plan shall hold hearings both before and after releasing proposed plans in order to solicit public input on the content of such plans. These hearings shall— (A) be held in different regions of the State and streamed live on the public internet site maintained under subsection (a)(2); (B) be sufficient in number, scheduled at times and places, and noticed and conducted in a manner to ensure that all members of the public, including members of racial, ethnic, and language minorities protected under the Voting Rights Act of 1965, have a meaningful opportunity to attend and provide input both before and after the entity releases proposed plans. (2) Posting of maps \nThe entity responsible for developing and adopting the congressional redistricting plan shall make proposed plans, amendments to proposed plans, and the data needed to analyze such plans for compliance with the criteria of this title available for public review, including on the public internet site required under subsection (a)(2), for a period of not less than 5 days before any vote or hearing is held on any such plan or any amendment to such a plan. (c) Release of written evaluation of plan against external metrics required prior to vote \nThe entity responsible for developing and adopting the congressional redistricting plan for a State may not hold a vote on a proposed redistricting plan, including a vote in a committee, unless at least 48 hours prior to holding the vote the State has released a written evaluation that measures each such plan against external metrics which cover the criteria set forth in section 5003(b), including the impact of the plan on the ability of members of a class of citizens protected by the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ) to elect candidates of choice, the degree to which the plan preserves or divides communities of interest, and any analysis used by the State to assess compliance with the requirements of section 5003(b) and (c). (d) Public input and comments \nThe entity responsible for developing and adopting the congressional redistricting plan for a State shall make all public comments received about potential plans, including alternative plans, available to the public on the internet site required under subsection (a)(2), at no cost, not later than 24 hours prior to holding a vote on final adoption of a plan.", "id": "H62D500C5706547DF836E2B6AF266CD97", "header": "Development of plan", "nested": [ { "text": "(a) Public notice and input \n(1) Use of open and transparent process \nThe entity responsible for developing and adopting the congressional redistricting plan of a State shall solicit and take into consideration comments from the public throughout the process of developing the plan, and shall carry out its duties in an open and transparent manner which provides for the widest public dissemination reasonably possible of its proposed and final redistricting plans. (2) Website \n(A) Features \nThe entity shall maintain a public internet site which is not affiliated with or maintained by the office of any elected official and which includes the following features: (i) All proposed redistricting plans and the final redistricting plan, including the accompanying written evaluation under subsection (c). (ii) All comments received from the public submitted under paragraph (1). (iii) Access in an easily usable format to the demographic and other data used by the entity to develop and analyze the proposed redistricting plans, together with any reports analyzing and evaluating such plans and access to software that members of the public may use to draw maps of proposed districts. (iv) A method by which members of the public may submit comments directly to the entity. (B) Searchable format \nThe entity shall ensure that all information posted and maintained on the site under this paragraph, including information and proposed maps submitted by the public, shall be maintained in an easily searchable format. (3) Multiple language requirements for all notices \nThe entity responsible for developing and adopting the plan shall make each notice which is required to be posted and published under this section available in any language in which the State (or any jurisdiction in the State) is required to provide election materials under section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ).", "id": "H824A66358C5548879ED62C53ACB318E2", "header": "Public notice and input", "nested": [], "links": [ { "text": "52 U.S.C. 10503", "legal-doc": "usc", "parsable-cite": "usc/52/10503" } ] }, { "text": "(b) Development of plan \n(1) Hearings \nThe entity responsible for developing and adopting the congressional redistricting plan shall hold hearings both before and after releasing proposed plans in order to solicit public input on the content of such plans. These hearings shall— (A) be held in different regions of the State and streamed live on the public internet site maintained under subsection (a)(2); (B) be sufficient in number, scheduled at times and places, and noticed and conducted in a manner to ensure that all members of the public, including members of racial, ethnic, and language minorities protected under the Voting Rights Act of 1965, have a meaningful opportunity to attend and provide input both before and after the entity releases proposed plans. (2) Posting of maps \nThe entity responsible for developing and adopting the congressional redistricting plan shall make proposed plans, amendments to proposed plans, and the data needed to analyze such plans for compliance with the criteria of this title available for public review, including on the public internet site required under subsection (a)(2), for a period of not less than 5 days before any vote or hearing is held on any such plan or any amendment to such a plan.", "id": "HEA42232415E34675B206F4067D03F2B3", "header": "Development of plan", "nested": [], "links": [] }, { "text": "(c) Release of written evaluation of plan against external metrics required prior to vote \nThe entity responsible for developing and adopting the congressional redistricting plan for a State may not hold a vote on a proposed redistricting plan, including a vote in a committee, unless at least 48 hours prior to holding the vote the State has released a written evaluation that measures each such plan against external metrics which cover the criteria set forth in section 5003(b), including the impact of the plan on the ability of members of a class of citizens protected by the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ) to elect candidates of choice, the degree to which the plan preserves or divides communities of interest, and any analysis used by the State to assess compliance with the requirements of section 5003(b) and (c).", "id": "H982A1347DF2645A0BFF0BDDAEAF67C1D", "header": "Release of written evaluation of plan against external metrics required prior to vote", "nested": [], "links": [ { "text": "52 U.S.C. 10301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/10301" } ] }, { "text": "(d) Public input and comments \nThe entity responsible for developing and adopting the congressional redistricting plan for a State shall make all public comments received about potential plans, including alternative plans, available to the public on the internet site required under subsection (a)(2), at no cost, not later than 24 hours prior to holding a vote on final adoption of a plan.", "id": "H957E8BA392784C0D80F7C8000F1E8449", "header": "Public input and comments", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 10503", "legal-doc": "usc", "parsable-cite": "usc/52/10503" }, { "text": "52 U.S.C. 10301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/10301" } ] }, { "text": "5005. Failure by State to enact plan \n(a) Deadline for enactment of plan \n(1) In general \nExcept as provided in paragraph (2), each State shall enact a final congressional redistricting plan following transmission of a notice of apportionment to the President by the earliest of— (A) the deadline set forth in State law, including any extension to the deadline provided in accordance with State law; (B) February 15 of the year in which regularly scheduled general elections for Federal office are held in the State; or (C) 90 days before the date of the next regularly scheduled primary election for Federal office held in the State. (2) Special rule for plans enacted prior to effective date of title \nIf a State enacted a final congressional redistricting plan prior to the effective date of this title and the plan is not in compliance with the requirements of this title, the State shall enact a final redistricting plan which is in compliance with the requirements of this title not later than 45 days after the effective date of this title. (b) Development of plan by court in case of missed deadline \nIf a State has not enacted a final congressional redistricting plan by the applicable deadline under subsection (a), or it appears reasonably likely that a State will fail to enact a final congressional redistricting plan by such deadline— (1) any citizen of the State may file an action in the United States district court for the applicable venue asking the district court to assume jurisdiction; (2) the United States district court for the applicable venue, acting through a 3-judge court convened pursuant to section 2284 of title 28, United States Code, shall have the exclusive authority to develop and publish the congressional redistricting plan for the State; and (3) the final congressional redistricting plan developed and published by the court under this section shall be deemed to be enacted on the date on which the court publishes the final congressional redistricting plan, as described in subsection (e). (c) Applicable venue \nFor purposes of this section, the applicable venue with respect to a State is the District of Columbia or the judicial district in which the capital of the State is located, as selected by the first party to file with the court sufficient evidence that a State has failed to, or is reasonably likely to fail to, enact a final redistricting plan for the State prior to the expiration of the applicable deadline set forth in subsection (a). (d) Procedures for Development of Plan \n(1) Criteria \nIn developing a redistricting plan for a State under this section, the court shall adhere to the same terms and conditions that applied (or that would have applied, as the case may be) to the development of a plan by the State under section 5003. (2) Access to information and records \nThe court shall have access to any information, data, software, or other records and material that was used (or that would have been used, as the case may be) by the State in carrying out its duties under this title. (3) Hearing; public participation \nIn developing a redistricting plan for a State, the court shall— (A) hold one or more evidentiary hearings at which interested members of the public may appear and be heard and present testimony, including expert testimony, in accordance with the rules of the court; and (B) consider other submissions and comments by the public, including proposals for redistricting plans to cover the entire State or any portion of the State. (4) Use of special master \nTo assist in the development and publication of a redistricting plan for a State under this section, the court may appoint a special master to make recommendations to the court on possible plans for the State. (e) Publication of plan \n(1) Public availability of initial plan \nUpon completing the development of one or more initial redistricting plans, the court shall make the plans available to the public at no cost, and shall also make available the underlying data used to develop the plans and a written evaluation of the plans against external metrics (as described in section 5004(c)). (2) Publication of final plan \nAt any time after the expiration of the 14-day period which begins on the date the court makes the plans available to the public under paragraph (1), and taking into consideration any submissions and comments by the public which are received during such period, the court shall develop and publish the final redistricting plan for the State. (f) Use of interim plan \nIn the event that the court is not able to develop and publish a final redistricting plan for the State with sufficient time for an upcoming election to proceed, the court may develop and publish an interim redistricting plan which shall serve as the redistricting plan for the State until the court develops and publishes a final plan in accordance with this section. Nothing in this subsection may be construed to limit or otherwise affect the authority or discretion of the court to develop and publish the final redistricting plan, including the discretion to make any changes the court deems necessary to an interim redistricting plan. (g) Appeals \nReview on appeal of any final or interim plan adopted by the court in accordance with this section shall be governed by the appellate process in section 5006. (h) Stay of State proceedings \nThe filing of an action under this section shall act as a stay of any proceedings in State court with respect to the State’s congressional redistricting plan unless otherwise ordered by the court.", "id": "H75EC3ABB6BD344CA95AF882FA555CCF5", "header": "Failure by State to enact plan", "nested": [ { "text": "(a) Deadline for enactment of plan \n(1) In general \nExcept as provided in paragraph (2), each State shall enact a final congressional redistricting plan following transmission of a notice of apportionment to the President by the earliest of— (A) the deadline set forth in State law, including any extension to the deadline provided in accordance with State law; (B) February 15 of the year in which regularly scheduled general elections for Federal office are held in the State; or (C) 90 days before the date of the next regularly scheduled primary election for Federal office held in the State. (2) Special rule for plans enacted prior to effective date of title \nIf a State enacted a final congressional redistricting plan prior to the effective date of this title and the plan is not in compliance with the requirements of this title, the State shall enact a final redistricting plan which is in compliance with the requirements of this title not later than 45 days after the effective date of this title.", "id": "H3204E1E718B94E6F86EF467A3F266ECB", "header": "Deadline for enactment of plan", "nested": [], "links": [] }, { "text": "(b) Development of plan by court in case of missed deadline \nIf a State has not enacted a final congressional redistricting plan by the applicable deadline under subsection (a), or it appears reasonably likely that a State will fail to enact a final congressional redistricting plan by such deadline— (1) any citizen of the State may file an action in the United States district court for the applicable venue asking the district court to assume jurisdiction; (2) the United States district court for the applicable venue, acting through a 3-judge court convened pursuant to section 2284 of title 28, United States Code, shall have the exclusive authority to develop and publish the congressional redistricting plan for the State; and (3) the final congressional redistricting plan developed and published by the court under this section shall be deemed to be enacted on the date on which the court publishes the final congressional redistricting plan, as described in subsection (e).", "id": "HAF57A5EBA1114A38A8A62AA7A1E8C326", "header": "Development of plan by court in case of missed deadline", "nested": [], "links": [] }, { "text": "(c) Applicable venue \nFor purposes of this section, the applicable venue with respect to a State is the District of Columbia or the judicial district in which the capital of the State is located, as selected by the first party to file with the court sufficient evidence that a State has failed to, or is reasonably likely to fail to, enact a final redistricting plan for the State prior to the expiration of the applicable deadline set forth in subsection (a).", "id": "HF422BC3FA4F64852A320A61CA3B5ABFE", "header": "Applicable venue", "nested": [], "links": [] }, { "text": "(d) Procedures for Development of Plan \n(1) Criteria \nIn developing a redistricting plan for a State under this section, the court shall adhere to the same terms and conditions that applied (or that would have applied, as the case may be) to the development of a plan by the State under section 5003. (2) Access to information and records \nThe court shall have access to any information, data, software, or other records and material that was used (or that would have been used, as the case may be) by the State in carrying out its duties under this title. (3) Hearing; public participation \nIn developing a redistricting plan for a State, the court shall— (A) hold one or more evidentiary hearings at which interested members of the public may appear and be heard and present testimony, including expert testimony, in accordance with the rules of the court; and (B) consider other submissions and comments by the public, including proposals for redistricting plans to cover the entire State or any portion of the State. (4) Use of special master \nTo assist in the development and publication of a redistricting plan for a State under this section, the court may appoint a special master to make recommendations to the court on possible plans for the State.", "id": "HCC4087824E5449D8BD0AFF87BB48014C", "header": "Procedures for Development of Plan", "nested": [], "links": [] }, { "text": "(e) Publication of plan \n(1) Public availability of initial plan \nUpon completing the development of one or more initial redistricting plans, the court shall make the plans available to the public at no cost, and shall also make available the underlying data used to develop the plans and a written evaluation of the plans against external metrics (as described in section 5004(c)). (2) Publication of final plan \nAt any time after the expiration of the 14-day period which begins on the date the court makes the plans available to the public under paragraph (1), and taking into consideration any submissions and comments by the public which are received during such period, the court shall develop and publish the final redistricting plan for the State.", "id": "H37F45375404D478FB8EE5F57F97CA8D1", "header": "Publication of plan", "nested": [], "links": [] }, { "text": "(f) Use of interim plan \nIn the event that the court is not able to develop and publish a final redistricting plan for the State with sufficient time for an upcoming election to proceed, the court may develop and publish an interim redistricting plan which shall serve as the redistricting plan for the State until the court develops and publishes a final plan in accordance with this section. Nothing in this subsection may be construed to limit or otherwise affect the authority or discretion of the court to develop and publish the final redistricting plan, including the discretion to make any changes the court deems necessary to an interim redistricting plan.", "id": "H749B51FB20F544E6A4BDA5D6E440B1EF", "header": "Use of interim plan", "nested": [], "links": [] }, { "text": "(g) Appeals \nReview on appeal of any final or interim plan adopted by the court in accordance with this section shall be governed by the appellate process in section 5006.", "id": "H7148DA9E57864C2095263FDB9EFD5B49", "header": "Appeals", "nested": [], "links": [] }, { "text": "(h) Stay of State proceedings \nThe filing of an action under this section shall act as a stay of any proceedings in State court with respect to the State’s congressional redistricting plan unless otherwise ordered by the court.", "id": "HFC291C2AF9F946BD9BDC9DAD807BF554", "header": "Stay of State proceedings", "nested": [], "links": [] } ], "links": [] }, { "text": "5006. Civil enforcement \n(a) Civil Enforcement \n(1) Actions by Attorney General \nThe Attorney General may bring a civil action for such relief as may be appropriate to carry out this title. (2) Availability of private right of action \n(A) In general \nAny person residing or domiciled in a State who is aggrieved by the failure of the State to meet the requirements of the Constitution or Federal law, including this title, with respect to the State's congressional redistricting, may bring a civil action in the United States district court for the applicable venue for such relief as may be appropriate to remedy the failure. (B) Special rule for claims relating to partisan advantage \nFor purposes of subparagraph (A), a person who is aggrieved by the failure of a State to meet the requirements of section 5003(c) may include— (i) any political party or committee in the State; and (ii) any registered voter in the State who resides in a congressional district that the voter alleges was drawn in a manner that contributes to a violation of such section. (C) No awarding of damages to prevailing party \nExcept for an award of attorney’s fees under subsection (d), a court in a civil action under this section shall not award the prevailing party any monetary damages, compensatory, punitive, or otherwise. (3) Delivery of complaint to House and Senate \nIn any action brought under this section, a copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate. (4) Exclusive jurisdiction and applicable venue \nThe district courts of the United States shall have exclusive jurisdiction to hear and determine claims asserting that a congressional redistricting plan violates the requirements of the Constitution or Federal law, including this title. The applicable venue for such an action shall be the United States District Court for the District of Columbia or for the judicial district in which the capital of the State is located, as selected by the person bringing the action. In a civil action that includes a claim that a redistricting plan is in violation of subsection (b) or (c) of section 5003, the United States District Court for the District of Columbia shall have jurisdiction over any defendant who has been served in any United States judicial district in which the defendant resides, is found, or has an agent, or in the United States judicial district in which the capital of the State is located. Process may be served in any United States judicial district where a defendant resides, is found, or has an agent, or in the United States judicial district in which the capital of the State is located. (5) Use of 3-judge court \nIf an action under this section raises statewide claims under the Constitution or this title, the action shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code. (6) Review of final decision \nA final decision in an action brought under this section shall be reviewable on appeal by the United States Court of Appeals for the District of Columbia Circuit, which shall hear the matter sitting en banc. There shall be no right of appeal in such proceedings to any other court of appeals. Such appeal shall be taken by the filing of a notice of appeal within 10 days of the entry of the final decision. A final decision by the Court of Appeals may be reviewed by the Supreme Court of the United States by writ of certiorari. (b) Expedited Consideration \nIn any action brought under this section, it shall be the duty of the district court, the United States Court of Appeals for the District of Columbia Circuit, and the Supreme Court of the United States (if it chooses to hear the action) to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (c) Remedies \n(1) Adoption of replacement plan \n(A) In general \nIf the district court in an action under this section finds that the congressional redistricting plan of a State violates, in whole or in part, the requirements of this title— (i) the court shall adopt a replacement congressional redistricting plan for the State in accordance with the process set forth in section 5005; or (ii) if circumstances warrant and no delay to an upcoming regularly scheduled election for the House of Representatives in the State would result, the district court, in its discretion, may allow a State to develop and propose a remedial congressional redistricting plan for review by the court to determine whether the plan is in compliance with this title, except that— (I) the State may not develop and propose a remedial plan under this clause if the court determines that the congressional redistricting plan of the State was enacted with discriminatory intent in violation of the Constitution or section 5003(b); and (II) nothing in this clause may be construed to permit a State to use such a remedial plan which has not been approved by the court. (B) Prohibiting use of plans in violation of requirements \nNo court shall order a State to use a congressional redistricting plan which violates, in whole or in part, the requirements of this title, or to conduct an election under terms and conditions which violate, in whole or in part, the requirements of this title. (C) Special rule in case final adjudication not expected within 3 months of election \n(i) Duty of court \nIf final adjudication of an action under this section is not reasonably expected to be completed at least 3 months prior to the next regularly scheduled primary election for the House of Representatives in the State, the district court shall— (I) develop, adopt, and order the use of an interim congressional redistricting plan in accordance with section 5005(f) to address any claims under this title for which a party seeking relief has demonstrated a substantial likelihood of success; or (II) order adjustments to the timing of primary elections for the House of Representatives and other related deadlines, as needed, to allow sufficient opportunity for adjudication of the matter and adoption of a remedial or replacement plan for use in the next regularly scheduled general elections for the House of Representatives. (ii) Prohibiting failure to act on grounds of pendency of election \nThe court may not refuse to take any action described in clause (i) on the grounds of the pendency of the next election held in the State or the potential for disruption, confusion, or additional burdens with respect to the administration of the election in the State. (2) No stay pending appeal \nNotwithstanding the appeal of an order finding that a congressional redistricting plan of a State violates, in whole or in part, the requirements of this title, no stay shall issue which shall bar the development or adoption of a replacement or remedial plan under this subsection, as may be directed by the district court, pending such appeal. If such a replacement or remedial plan has been adopted, no appellate court may stay or otherwise enjoin the use of such plan during the pendency of an appeal, except upon an order holding, based on the record, that adoption of such plan was an abuse of discretion. (3) Special authority of Court of Appeals \n(A) Ordering of new remedial plan \nIf, upon consideration of an appeal under this title, the Court of Appeals determines that a plan does not comply with the requirements of this title, it shall direct that the District Court promptly develop a new remedial plan with assistance of a special master for consideration by the Court of Appeals. (B) Failure of district court to take timely action \nIf, at any point during the pendency of an action under this section, the District Court fails to take action necessary to permit resolution of the case prior to the next regularly scheduled election for the House of Representatives in the State or fails to grant the relief described in paragraph (1)(C), any party may seek a writ of mandamus from the Court of Appeals for the District of Columbia Circuit. The Court of Appeals shall have jurisdiction over the motion for a writ of mandamus and shall establish an expedited briefing and hearing schedule for resolution of the motion. If the Court of Appeals determines that a writ should be granted, the Court of Appeals shall take any action necessary, including developing a congressional redistricting plan with assistance of a special master to ensure that a remedial plan is adopted in time for use in the next regularly scheduled election for the House of Representatives in the State. (4) Effect of enactment of replacement plan \nA State’s enactment of a redistricting plan which replaces a plan which is the subject of an action under this section shall not be construed to limit or otherwise affect the authority of the court to adjudicate or grant relief with respect to any claims or issues not addressed by the replacement plan, including claims that the plan which is the subject of the action was enacted, in whole or in part, with discriminatory intent, or claims to consider whether relief should be granted under section 3(c) of the Voting Rights Act of 1965 ( 52 U.S.C. 10302(c) ) based on the plan which is the subject of the action. (d) Attorney’s Fees \nIn a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs. (e) Relation to Other Laws \n(1) Rights and remedies additional to other rights and remedies \nThe rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this title shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ). (2) Voting Rights Act of 1965 \nNothing in this title authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ). (f) Legislative privilege \nNo person, legislature, or State may claim legislative privilege under either State or Federal law in a civil action brought under this section or in any other legal challenge, under either State or Federal law, to a redistricting plan enacted under this title. (g) Removal \n(1) In general \nAt any time, a civil action brought in a State court which asserts a claim for which the district courts of the United States have exclusive jurisdiction under this title may be removed by any party in the case, including an intervenor, by filing, in the district court for an applicable venue under this section, a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure containing a short and plain statement of the grounds for removal. Consent of parties shall not be required for removal. (2) Claims not within the original or supplemental jurisdiction \nIf a civil action removed in accordance with paragraph (1) contains claims not within the original or supplemental jurisdiction of the district court, the district court shall sever all such claims and remand them to the State court from which the action was removed.", "id": "H093757B57F54413C92D844842C3903E5", "header": "Civil enforcement", "nested": [ { "text": "(a) Civil Enforcement \n(1) Actions by Attorney General \nThe Attorney General may bring a civil action for such relief as may be appropriate to carry out this title. (2) Availability of private right of action \n(A) In general \nAny person residing or domiciled in a State who is aggrieved by the failure of the State to meet the requirements of the Constitution or Federal law, including this title, with respect to the State's congressional redistricting, may bring a civil action in the United States district court for the applicable venue for such relief as may be appropriate to remedy the failure. (B) Special rule for claims relating to partisan advantage \nFor purposes of subparagraph (A), a person who is aggrieved by the failure of a State to meet the requirements of section 5003(c) may include— (i) any political party or committee in the State; and (ii) any registered voter in the State who resides in a congressional district that the voter alleges was drawn in a manner that contributes to a violation of such section. (C) No awarding of damages to prevailing party \nExcept for an award of attorney’s fees under subsection (d), a court in a civil action under this section shall not award the prevailing party any monetary damages, compensatory, punitive, or otherwise. (3) Delivery of complaint to House and Senate \nIn any action brought under this section, a copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate. (4) Exclusive jurisdiction and applicable venue \nThe district courts of the United States shall have exclusive jurisdiction to hear and determine claims asserting that a congressional redistricting plan violates the requirements of the Constitution or Federal law, including this title. The applicable venue for such an action shall be the United States District Court for the District of Columbia or for the judicial district in which the capital of the State is located, as selected by the person bringing the action. In a civil action that includes a claim that a redistricting plan is in violation of subsection (b) or (c) of section 5003, the United States District Court for the District of Columbia shall have jurisdiction over any defendant who has been served in any United States judicial district in which the defendant resides, is found, or has an agent, or in the United States judicial district in which the capital of the State is located. Process may be served in any United States judicial district where a defendant resides, is found, or has an agent, or in the United States judicial district in which the capital of the State is located. (5) Use of 3-judge court \nIf an action under this section raises statewide claims under the Constitution or this title, the action shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code. (6) Review of final decision \nA final decision in an action brought under this section shall be reviewable on appeal by the United States Court of Appeals for the District of Columbia Circuit, which shall hear the matter sitting en banc. There shall be no right of appeal in such proceedings to any other court of appeals. Such appeal shall be taken by the filing of a notice of appeal within 10 days of the entry of the final decision. A final decision by the Court of Appeals may be reviewed by the Supreme Court of the United States by writ of certiorari.", "id": "H867BC083D445431D872BE826A8444510", "header": "Civil Enforcement", "nested": [], "links": [] }, { "text": "(b) Expedited Consideration \nIn any action brought under this section, it shall be the duty of the district court, the United States Court of Appeals for the District of Columbia Circuit, and the Supreme Court of the United States (if it chooses to hear the action) to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal.", "id": "HC5A2C054CF24417A9CDAD59EA44D4BE3", "header": "Expedited Consideration", "nested": [], "links": [] }, { "text": "(c) Remedies \n(1) Adoption of replacement plan \n(A) In general \nIf the district court in an action under this section finds that the congressional redistricting plan of a State violates, in whole or in part, the requirements of this title— (i) the court shall adopt a replacement congressional redistricting plan for the State in accordance with the process set forth in section 5005; or (ii) if circumstances warrant and no delay to an upcoming regularly scheduled election for the House of Representatives in the State would result, the district court, in its discretion, may allow a State to develop and propose a remedial congressional redistricting plan for review by the court to determine whether the plan is in compliance with this title, except that— (I) the State may not develop and propose a remedial plan under this clause if the court determines that the congressional redistricting plan of the State was enacted with discriminatory intent in violation of the Constitution or section 5003(b); and (II) nothing in this clause may be construed to permit a State to use such a remedial plan which has not been approved by the court. (B) Prohibiting use of plans in violation of requirements \nNo court shall order a State to use a congressional redistricting plan which violates, in whole or in part, the requirements of this title, or to conduct an election under terms and conditions which violate, in whole or in part, the requirements of this title. (C) Special rule in case final adjudication not expected within 3 months of election \n(i) Duty of court \nIf final adjudication of an action under this section is not reasonably expected to be completed at least 3 months prior to the next regularly scheduled primary election for the House of Representatives in the State, the district court shall— (I) develop, adopt, and order the use of an interim congressional redistricting plan in accordance with section 5005(f) to address any claims under this title for which a party seeking relief has demonstrated a substantial likelihood of success; or (II) order adjustments to the timing of primary elections for the House of Representatives and other related deadlines, as needed, to allow sufficient opportunity for adjudication of the matter and adoption of a remedial or replacement plan for use in the next regularly scheduled general elections for the House of Representatives. (ii) Prohibiting failure to act on grounds of pendency of election \nThe court may not refuse to take any action described in clause (i) on the grounds of the pendency of the next election held in the State or the potential for disruption, confusion, or additional burdens with respect to the administration of the election in the State. (2) No stay pending appeal \nNotwithstanding the appeal of an order finding that a congressional redistricting plan of a State violates, in whole or in part, the requirements of this title, no stay shall issue which shall bar the development or adoption of a replacement or remedial plan under this subsection, as may be directed by the district court, pending such appeal. If such a replacement or remedial plan has been adopted, no appellate court may stay or otherwise enjoin the use of such plan during the pendency of an appeal, except upon an order holding, based on the record, that adoption of such plan was an abuse of discretion. (3) Special authority of Court of Appeals \n(A) Ordering of new remedial plan \nIf, upon consideration of an appeal under this title, the Court of Appeals determines that a plan does not comply with the requirements of this title, it shall direct that the District Court promptly develop a new remedial plan with assistance of a special master for consideration by the Court of Appeals. (B) Failure of district court to take timely action \nIf, at any point during the pendency of an action under this section, the District Court fails to take action necessary to permit resolution of the case prior to the next regularly scheduled election for the House of Representatives in the State or fails to grant the relief described in paragraph (1)(C), any party may seek a writ of mandamus from the Court of Appeals for the District of Columbia Circuit. The Court of Appeals shall have jurisdiction over the motion for a writ of mandamus and shall establish an expedited briefing and hearing schedule for resolution of the motion. If the Court of Appeals determines that a writ should be granted, the Court of Appeals shall take any action necessary, including developing a congressional redistricting plan with assistance of a special master to ensure that a remedial plan is adopted in time for use in the next regularly scheduled election for the House of Representatives in the State. (4) Effect of enactment of replacement plan \nA State’s enactment of a redistricting plan which replaces a plan which is the subject of an action under this section shall not be construed to limit or otherwise affect the authority of the court to adjudicate or grant relief with respect to any claims or issues not addressed by the replacement plan, including claims that the plan which is the subject of the action was enacted, in whole or in part, with discriminatory intent, or claims to consider whether relief should be granted under section 3(c) of the Voting Rights Act of 1965 ( 52 U.S.C. 10302(c) ) based on the plan which is the subject of the action.", "id": "HC40E13B258C34A35A70C6B0EB2E12C8C", "header": "Remedies", "nested": [], "links": [ { "text": "52 U.S.C. 10302(c)", "legal-doc": "usc", "parsable-cite": "usc/52/10302" } ] }, { "text": "(d) Attorney’s Fees \nIn a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs.", "id": "HFA400D1771CB47F8AB929308E5E4D6E4", "header": "Attorney’s Fees", "nested": [], "links": [] }, { "text": "(e) Relation to Other Laws \n(1) Rights and remedies additional to other rights and remedies \nThe rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this title shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ). (2) Voting Rights Act of 1965 \nNothing in this title authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ).", "id": "H1C465428658442CEADABEA8C6D336B07", "header": "Relation to Other Laws", "nested": [], "links": [ { "text": "52 U.S.C. 10301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/10301" }, { "text": "52 U.S.C. 10301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/10301" } ] }, { "text": "(f) Legislative privilege \nNo person, legislature, or State may claim legislative privilege under either State or Federal law in a civil action brought under this section or in any other legal challenge, under either State or Federal law, to a redistricting plan enacted under this title.", "id": "HFF28D5FE79C2485A9BFE318C9D2A2913", "header": "Legislative privilege", "nested": [], "links": [] }, { "text": "(g) Removal \n(1) In general \nAt any time, a civil action brought in a State court which asserts a claim for which the district courts of the United States have exclusive jurisdiction under this title may be removed by any party in the case, including an intervenor, by filing, in the district court for an applicable venue under this section, a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure containing a short and plain statement of the grounds for removal. Consent of parties shall not be required for removal. (2) Claims not within the original or supplemental jurisdiction \nIf a civil action removed in accordance with paragraph (1) contains claims not within the original or supplemental jurisdiction of the district court, the district court shall sever all such claims and remand them to the State court from which the action was removed.", "id": "H9CAA7CCE5DCE4C668C06F85B9FF0DDD9", "header": "Removal", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 10302(c)", "legal-doc": "usc", "parsable-cite": "usc/52/10302" }, { "text": "52 U.S.C. 10301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/10301" }, { "text": "52 U.S.C. 10301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/10301" } ] }, { "text": "5007. No effect on elections for State and local office \nNothing in this title or in any amendment made by this title may be construed to affect the manner in which a State carries out elections for State or local office, including the process by which a State establishes the districts used in such elections.", "id": "HDA4B06098D2D4448B833CE2A5A30F35A", "header": "No effect on elections for State and local office", "nested": [], "links": [] }, { "text": "5008. Effective date \n(a) In general \nThis title and the amendments made by this title shall apply on the date of enactment of this title. (b) Application to Congressional redistricting plans resulting from 2020 decennial census \nNotwithstanding subsection (a), this title and the amendments made by this title, other than section 5004, shall apply with respect to each congressional redistricting plan enacted pursuant to the notice of apportionment transmitted to the President on April 26, 2021, without regard to whether or not a State enacted such a plan prior to the date of the enactment of this Act.", "id": "H06DBFA1B2E3B46CFB284168203F61AA4", "header": "Effective date", "nested": [ { "text": "(a) In general \nThis title and the amendments made by this title shall apply on the date of enactment of this title.", "id": "H11B53278413E4287B46560CF92EBE948", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Application to Congressional redistricting plans resulting from 2020 decennial census \nNotwithstanding subsection (a), this title and the amendments made by this title, other than section 5004, shall apply with respect to each congressional redistricting plan enacted pursuant to the notice of apportionment transmitted to the President on April 26, 2021, without regard to whether or not a State enacted such a plan prior to the date of the enactment of this Act.", "id": "H8ACD7D00769441BAB33E052DE99FC94D", "header": "Application to Congressional redistricting plans resulting from 2020 decennial census", "nested": [], "links": [] } ], "links": [] }, { "text": "6001. Short title \nThis subtitle 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": "HAB8729BB316C419EA115C510CC432AD4", "header": "Short title", "nested": [], "links": [] }, { "text": "6002. 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": "6003. 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": "id83a1b7d8d2ab415cb6ebbac827c5b01f", "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": "6004. 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 ( 52 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": "id3a088f95ec3543fb9c260d3c05543be2", "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": "id29ea3283f9a64bdba66becaa5b2e0a6f", "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": "id7a465b00bebc45bbb47d780c919b396e", "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 ( 52 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": "idbcea94bfa7d742b087e8d2d19e627cb3", "header": "Definitions", "nested": [], "links": [ { "text": "52 U.S.C. 30121(b)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" }, { "text": "52 U.S.C. 30101", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "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": "idd071c171f9fc4299bac1482f2387ba97", "header": "Sunset", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30121(b)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" }, { "text": "52 U.S.C. 30101", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "6005. 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 6003, is amended by adding at the end the following new paragraph: (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 described in section 304(j)(3)(C); 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.. (b) Effective date \nThe amendment made by this section shall apply with respect to elections held in 2024 or any succeeding year.", "id": "idf0e37578bdb9473d80364300ea12aac4", "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 6003, is amended by adding at the end the following new paragraph: (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 described in section 304(j)(3)(C); 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..", "id": "id4d7c40b1288a4d25879cbdaeeab7d683", "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": "(b) Effective date \nThe amendment made by this section shall apply with respect to elections held in 2024 or any succeeding year.", "id": "id203d1280c0db418883b96597b5ec0c3a", "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": "6006. 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 described in section 304(j)(3)(C) 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 section 304(k)(3)), 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 described in section 304(j)(3)(C); (I) a disbursement by a covered foreign national described in section 304(j)(3)(C) 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 described in section 304(j)(3)(C) for a Federal judicial nomination communication (as defined in section 324(g)(2));. (b) 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": "ida16b68c6526a4b2dae4c1561d45ee456", "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 described in section 304(j)(3)(C) 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 section 304(k)(3)), 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 described in section 304(j)(3)(C); (I) a disbursement by a covered foreign national described in section 304(j)(3)(C) 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 described in section 304(j)(3)(C) for a Federal judicial nomination communication (as defined in section 324(g)(2));.", "id": "id91f4299df6a24c4a8d98d623dc1599a5", "header": "Disbursements described", "nested": [], "links": [ { "text": "52 U.S.C. 30121(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" } ] }, { "text": "(b) 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": "id3d426106f44e4b168a7698bd5d2935ab", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30121(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" } ] }, { "text": "6007. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals \n(a) Prohibition \nChapter 29 of title 18, United States Code, as amended by section 2001(a), is amended by adding at the end the following: 613. 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, as amended by section 2001(b), is amended by inserting after the item relating to section 612 the following: 613. 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, as amended by section 2001(a), is amended by adding at the end the following: 613. 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, as amended by section 2001(b), is amended by inserting after the item relating to section 612 the following: 613. 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": "613. 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": "6011. 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 \nInformation included in a statement filed under this section may be excluded from statements and reports filed under section 304. (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": "id4cb8fc1b2b9c43aa914ab1c81f92b426", "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 \nInformation included in a statement filed under this section may be excluded from statements and reports filed under section 304. (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": "idcad07c954b3b46e8bf65595d7afd399e", "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 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": "idf4a43623bd864da1b3c379b4ba9c2561", "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": "id3a80f62506604c85ad002d0d839e56b9", "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 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 \nInformation included in a statement filed under this section may be excluded from statements and reports filed under section 304. (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": "id0d54393d62af4008a2b0a6e8e74f643f", "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": "idf3e37ae9cbeb47828c6f3cb5551233a6", "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 \nInformation included in a statement filed under this section may be excluded from statements and reports filed under section 304.", "id": "idf648b236296c41709344ecee31399d9c", "header": "Coordination with other provisions", "nested": [], "links": [] }, { "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": "id8d4a87f281c747bd95a3f676849f83f7", "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": "id72d1ad3ca9a94203a0297dcee3a29851", "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": "id5e4d64e17a0e45828eac0147a3b2d88a", "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": "idf571fbade0044a29a90fa7cf5dc58bbe", "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": "idf6efdbcb5fd14f92aa641db9e0aaa6dc", "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 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": "6012. 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 6011, 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; and (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 6011, 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; and (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": "6013. 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 part. (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 part.", "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": "6014. 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 6003, 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": "6015. 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 part in order to ensure that such process is as easy and accessible as possible.", "id": "idce9ba287c17d4091a3f73a71673f34f3", "header": "Sense of Congress regarding implementation", "nested": [], "links": [] }, { "text": "6016. Effective date \nThe amendments made by this part 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": "6021. 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": "6022. 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": "6023. Effective date \nThe amendments made by this subtitle 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 subtitle and the amendments made by this subtitle.", "id": "H498C1B7E63844BC38750A96EBC49A08D", "header": "Effective date", "nested": [], "links": [] }, { "text": "6101. Short title \nThis subtitle may be cited as the Honest Ads Act.", "id": "HDA998DE4DAB24A0597E30DAEDB6AF5A2", "header": "Short title", "nested": [], "links": [] }, { "text": "6102. 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": "H6EF12015C1084BDC93C9664004CB58B5", "header": "Purpose", "nested": [], "links": [] }, { "text": "6103. 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 US public perceptions of the candidates, as well as advance Moscow’s longstanding goals of undermining confidence in US 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": "H9D957418257F477DB2FAD65E7F98E546", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 107–155", "legal-doc": "public-law", "parsable-cite": "pl/107/155" } ] }, { "text": "6104. 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": "HE9A08AD6C6EE40B5A7005F4780770FF8", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "6105. 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": "HF945A52D693E40F9BBD8ED140C4E7684", "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": "H46443B978A5A41BAA86C8918A7BFB387", "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": "H27C27850DC8D4E34B55997A5F5742F90", "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": "H6766C7FF6AE44C249B29E8D176CAC430", "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": "H119B0E34FEC44BB3B40CEA4280A562D2", "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": "HD4E58F6D27884F4E953633057AFE695B", "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": "6106. 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 (k)(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": "HB18531E7E4234F44A2B760D95E49BF2A", "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 (k)(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": "H2BFDBF3E5A8D484882224E12A03D236B", "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": "H3C8228A5C1E24A3F83FA6DDF89805ED0", "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": "6107. 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": "HB83BFD2986B34A93BD0CF99F40B8307C", "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": "H8B3788B937AB424C9CEF8BE30A358894", "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": "H4A935679AD16414A860EE54A7B627ABF", "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": "H1827FBB138B34950BAB51D4C41B81DF9", "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": "H386848B497C94A9FA612E8767521A510", "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": "6108. 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 ), as amended by section 3802, is amended by adding at the end the following new subsection: (k) 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 vendor’s records are available. (B) Requirements for advertisers \nAny person who requests to purchase 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(k) 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(k) 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(k) 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": "H72B42DD1EDBE4D0289DC5F5C4C1B2EA3", "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 ), as amended by section 3802, is amended by adding at the end the following new subsection: (k) 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 vendor’s records are available. (B) Requirements for advertisers \nAny person who requests to purchase 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": "H4785DE9D18D6499485E1BC47EE6EB03C", "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": "H763F3953DA6F47A988A7792AA77D9ED2", "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(k) 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(k) 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": "HB009CC80010549199D8B48E25CD3E2DC", "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(k) 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": "HF508304F5E714FC3A814893705D57A28", "header": "Reporting", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30104", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] }, { "text": "6109. 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(k)(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": "H402B70883BC044318EC2F00A72D7529D", "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": "6110. 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 3802 and section 6108(a), is amended by adding at the end the following new subsection: (l) 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 a 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 (k)(3); (B) the term ‘ qualified political advertisement has the meaning given such term in subsection (k)(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": "H48A53A78D4FD45219E8B17A088B6A0C7", "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 3802 and section 6108(a), is amended by adding at the end the following new subsection: (l) 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 a 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 (k)(3); (B) the term ‘ qualified political advertisement has the meaning given such term in subsection (k)(4); and (C) the term sponsor means the person purchasing the advertisement..", "id": "HF10EA3403AAF4FD7BC460FE4F17825CC", "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": "HC82DF7E33242401993E0FCEB95260EEB", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30104", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] }, { "text": "6201. Short title \nThis subtitle may be cited as the Spotlight Act.", "id": "H0685B2D0C90E43498F23A9F2DDDE6C99", "header": "Short title", "nested": [], "links": [] }, { "text": "6202. Inclusion of contributor information on annual returns of certain organizations \n(a) Repeal of regulations \nThe final regulations of the Department of the Treasury relating to guidance under section 6033 regarding the reporting requirements of exempt organizations (published at 85 Fed. Reg. 31959 (May 28, 2020)) shall have no force and effect. (b) Inclusion of contributor information \n(1) Social welfare organizations \nSection 6033(f)(1) of the Internal Revenue Code of 1986 is amended by inserting (5), after paragraphs. (2) Labor organizations and business leagues \nSection 6033 of such Code is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection: (o) Additional requirements for organizations described in subsections (c)(5) and (c)(6) of section 501 \nEvery organization which is described in paragraph (5) or (6) of section 501(c) and which is subject to the requirements of subsection (a) shall include on the return required under subsection (a) the information referred to in subsection (b)(5).. (3) Effective date \nThe amendments made by this subsection shall apply to returns required to be filed for taxable years ending after the date of the enactment of this Act. (c) Modification to discretionary exceptions \nSection 6033(a)(3)(B) of the Internal Revenue Code of 1986 is amended to read as follows: (B) Discretionary exceptions \n(i) In general \nParagraph (1) shall not apply to any organization if the Secretary made a determination under this subparagraph before July 16, 2018, that such filing is not necessary to the efficient administration of the internal revenue laws. (ii) Recommendations for other exceptions \nThe Secretary may recommend to Congress that Congress relieve any organization required under paragraph (1) to file an information return from filing such a return if the Secretary determines that such filing does not advance a national security, law enforcement, or tax administration purpose..", "id": "H565B5B2B664B486B8ACE4EDC59230849", "header": "Inclusion of contributor information on annual returns of certain organizations", "nested": [ { "text": "(a) Repeal of regulations \nThe final regulations of the Department of the Treasury relating to guidance under section 6033 regarding the reporting requirements of exempt organizations (published at 85 Fed. Reg. 31959 (May 28, 2020)) shall have no force and effect.", "id": "HAC82984EEE964D47A70DE3097CF23677", "header": "Repeal of regulations", "nested": [], "links": [] }, { "text": "(b) Inclusion of contributor information \n(1) Social welfare organizations \nSection 6033(f)(1) of the Internal Revenue Code of 1986 is amended by inserting (5), after paragraphs. (2) Labor organizations and business leagues \nSection 6033 of such Code is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection: (o) Additional requirements for organizations described in subsections (c)(5) and (c)(6) of section 501 \nEvery organization which is described in paragraph (5) or (6) of section 501(c) and which is subject to the requirements of subsection (a) shall include on the return required under subsection (a) the information referred to in subsection (b)(5).. (3) Effective date \nThe amendments made by this subsection shall apply to returns required to be filed for taxable years ending after the date of the enactment of this Act.", "id": "H19E529774F1A4A3FBD666A0FE737C7DB", "header": "Inclusion of contributor information", "nested": [], "links": [ { "text": "Section 6033(f)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" } ] }, { "text": "(c) Modification to discretionary exceptions \nSection 6033(a)(3)(B) of the Internal Revenue Code of 1986 is amended to read as follows: (B) Discretionary exceptions \n(i) In general \nParagraph (1) shall not apply to any organization if the Secretary made a determination under this subparagraph before July 16, 2018, that such filing is not necessary to the efficient administration of the internal revenue laws. (ii) Recommendations for other exceptions \nThe Secretary may recommend to Congress that Congress relieve any organization required under paragraph (1) to file an information return from filing such a return if the Secretary determines that such filing does not advance a national security, law enforcement, or tax administration purpose..", "id": "H1188821043784BA180314EA9F130B047", "header": "Modification to discretionary exceptions", "nested": [], "links": [ { "text": "Section 6033(a)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" } ] } ], "links": [ { "text": "Section 6033(f)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" }, { "text": "Section 6033(a)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" } ] }, { "text": "7001. Short title \nThis subtitle may be cited as the Stop Super PAC–Candidate Coordination Act.", "id": "HF46211CA5C85469E88394A251052916E", "header": "Short title", "nested": [], "links": [] }, { "text": "7002. Clarification of treatment of coordinated expenditures as contributions to candidates \n(a) Treatment as contribution to candidate \nSection 301(8)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(A) ) is amended— (1) by striking or at the end of clause (i); (2) by striking the period at the end of clause (ii) and inserting ; or ; and (3) by adding at the end the following new clause: (iii) any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure (as such term is defined in section 325) which is not otherwise treated as a contribution under clause (i) or clause (ii).. (b) Definitions \nTitle III of such Act ( 52 U.S.C. 30101 et seq. ) is amended by adding at the end the following new section: 325. Payments for coordinated expenditures \n(a) Coordinated expenditures \n(1) In general \nFor purposes of section 301(8)(A)(iii), the term coordinated expenditure means— (A) any expenditure, or any payment for a covered communication described in subsection (e), which is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, as defined in subsection (b); or (B) any payment for any communication which republishes, disseminates, or distributes, in whole or in part, any video or broadcast or any written, graphic, or other form of campaign material prepared by the candidate or committee or by agents of the candidate or committee (including any excerpt or use of any video from any such broadcast or written, graphic, or other form of campaign material). (2) Exception for payments for certain communications \nA payment for a communication (including a covered communication described in subsection (e)) shall not be treated as a coordinated expenditure under this subsection if— (A) the communication appears in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or (B) the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission pursuant to section 304(f)(3)(B)(iii), or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum. (b) Coordination described \n(1) In general \nFor purposes of this section, a payment is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, if the payment, or any communication for which the payment is made, is not made entirely independently of the candidate, committee, or agents. For purposes of the previous sentence, a payment or communication not made entirely independently of the candidate or committee includes any payment or communication made pursuant to any general or particular understanding with, or pursuant to any communication with, the candidate, committee, or agents about the payment or communication. (2) No finding of coordination based solely on sharing of information regarding legislative or policy position \nFor purposes of this section, a payment shall not be considered to be made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, solely on the grounds that the person or the person’s agent engaged in discussions with the candidate or committee, or with any agent of the candidate or committee, regarding that person's position on a legislative or policy matter (including urging the candidate or committee to adopt that person's position), so long as there is no communication between the person and the candidate or committee, or any agent of the candidate or committee, regarding the candidate’s or committee’s campaign advertising, message, strategy, policy, polling, allocation of resources, fundraising, or other campaign activities. (3) No effect on party coordination standard \nNothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section 315(d). (c) Payments by coordinated spenders for covered communications \n(1) Payments made in cooperation, consultation, or concert with candidates \nFor purposes of subsection (a)(1)(A), if the person who makes a payment for a covered communication, as defined in subsection (e), is a coordinated spender under paragraph (2) with respect to the candidate as described in paragraph (2), the payment for the covered communication is made in cooperation, consultation, or concert with the candidate. (2) Coordinated spender defined \nFor purposes of this subsection, the term coordinated spender means, with respect to a candidate or an authorized committee of a candidate, a person (other than a political committee of a political party) for which any of the following applies: (A) During the 4-year period ending on the date on which the person makes the payment, the person was directly or indirectly formed or established by or at the request or suggestion of, or with the encouragement of, the candidate (including an individual who later becomes a candidate) or committee or agents of the candidate or committee, including with the approval of the candidate or committee or agents of the candidate or committee. (B) The candidate or committee or any agent of the candidate or committee solicits funds, appears at a fundraising event, or engages in other fundraising activity on the person’s behalf during the election cycle involved, including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity, regardless of whether the person pays fair market value for the names or lists provided. For purposes of this subparagraph, the term election cycle means, with respect to an election for Federal office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election). (C) The person is established, directed, or managed by the candidate or committee or by any person who, during the 4-year period ending on the date on which the person makes the payment, has been employed or retained as a political, campaign media, or fundraising adviser or consultant for the candidate or committee or for any other entity directly or indirectly controlled by the candidate or committee, or has held a formal position with the candidate or committee (including a position as an employee of the office of the candidate at any time the candidate held any Federal, State, or local public office during the 4-year period). (D) The person has retained the professional services of any person who, during the 2-year period ending on the date on which the person makes the payment, has provided or is providing professional services relating to the campaign to the candidate or committee, unless the person providing the professional services used a firewall or similar procedure in accordance with subsection (d). For purposes of this subparagraph, the term professional services includes any services in support of the candidate’s or committee’s campaign activities, including advertising, message, strategy, policy, polling, allocation of resources, fundraising, and campaign operations, but does not include accounting or legal services. (E) The person is established, directed, or managed by a member of the immediate family of the candidate, or the person or any officer or agent of the person has had more than incidental discussions about the candidate’s campaign with a member of the immediate family of the candidate. For purposes of this subparagraph, the term immediate family has the meaning given such term in section 9004(e) of the Internal Revenue Code of 1986. (d) Use of firewall as safe harbor \n(1) No coordination if firewall applies \nA person shall not be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee in accordance with this section if the person established and used a firewall or similar procedure to restrict the sharing of information between individuals who are employed by or who are serving as agents for the person making the payment, but only if the firewall or similar procedures meet the requirements of paragraph (2). (2) Requirements described \nThe requirements described in this paragraph with respect to a firewall or similar procedure are as follows: (A) The firewall or procedure is designed and implemented to prohibit the flow of information between employees and consultants providing services for the person paying for the communication and those employees or consultants providing, or who previously provided, services to a candidate who is clearly identified in the communication or an authorized committee of the candidate, the candidate’s opponent or an authorized committee of the candidate’s opponent, or a committee of a political party. (B) The firewall or procedure must be described in a written policy that is distributed, signed, and dated by all relevant employees, consultants, and clients subject to the policy. (C) The policy must be preserved and retained by the person for at least 5 years following any termination or cessation of representation by employees, consultants, and clients who are subject to the policy. (D) The policy must prohibit any employees, consultants, and clients who are subject to the policy from attending meetings, trainings, or other discussions where nonpublic plans, projects, activities, or needs of candidates for election for Federal office or political committees are discussed. (E) The policy must prohibit each owner of an organization, and each executive, manager, and supervisor within an organization, from simultaneously overseeing the work of employees and consultants who are subject to the firewall or procedure. (F) The policy must place restrictions on internal and external communications, including by establishing separate emailing lists, for employees, consultants, and clients who are subject to the firewall or procedure and those who are not subject to the firewall or procedure. (G) The policy must require the person to establish separate files, including electronic file folders— (i) for employees, consultants, and clients who are subject to the firewall or procedure and to prohibit access to such files by employees, consultants, and clients who are not subject to the firewall or procedure; and (ii) for employees, consultants, and clients who are not subject to the firewall or procedure and to prohibit access to such files by employees, consultants, and clients who are subject to the firewall or procedure. (H) The person must conduct a training on the applicable requirements and obligations of this Act and the policy for all employees, consultants, and clients. (3) Exception if information is shared regardless of firewall \nA person who established and used a firewall or similar procedure which meets the requirements of paragraph (2) shall be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee in accordance with this section if specific information indicates that, notwithstanding the establishment and use of the firewall or similar procedure, information about the candidate’s or committee’s campaign plans, projects, activities, or needs that is material to the creation, production, or distribution of the covered communication was used or conveyed to the person paying for the communication. (4) Use as defense to enforcement action \nIf, in a procedure or action brought by the Commission under section 309, a person who is alleged to have committed a violation of this Act which involves the making of a contribution which consists of a payment for a coordinated expenditure raises the use of a firewall or similar procedure as a defense, the person shall provide the Commission with— (A) a copy of the signed and dated firewall or procedure policy which applied to the person’s employees, consultants, or clients whose conduct is at issue in the procedure or action; and (B) a sworn, written affidavit of the employees, consultants, or clients who were subject to the policy that the terms, conditions, and requirements of the policy were met. (e) Covered communication defined \n(1) In general \nFor purposes of this section, the term covered communication means, with respect to a candidate or an authorized committee of a candidate, a public communication (as defined in section 301(22)) which— (A) expressly advocates the election of the candidate or the defeat of an opponent of the candidate (or contains the functional equivalent of express advocacy); (B) promotes or supports the election of the candidate, or attacks or opposes the election of an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or (C) refers to the candidate or an opponent of the candidate but is not described in subparagraph (A) or subparagraph (B), but only if the communication is disseminated during the applicable election period. (2) Applicable election period \nIn paragraph (1)(C), the applicable election period with respect to a communication means— (A) in the case of a communication which refers to a candidate in a general, special, or runoff election, the 120-day period which ends on the date of the election; or (B) in the case of a communication which refers to a candidate in a primary or preference election, or convention or caucus of a political party that has authority to nominate a candidate, the 60-day period which ends on the date of the election or convention or caucus. (3) Special rules for communications involving congressional candidates \nFor purposes of this subsection, a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of President or Vice President unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking. (f) Penalty \n(1) Determination of amount \nAny person who knowingly and willfully commits a violation of this Act which involves the making of a contribution which consists of a payment for a coordinated expenditure shall be fined an amount equal to the greater of— (A) in the case of a person who makes a contribution which consists of a payment for a coordinated expenditure in an amount exceeding the applicable contribution limit under this Act, 300 percent of the amount by which the amount of the payment made by the person exceeds such applicable contribution limit; or (B) in the case of a person who is prohibited under this Act from making a contribution in any amount, 300 percent of the amount of the payment made by the person for the coordinated expenditure. (2) Joint and several liability \nAny director, manager, or officer of a person who is subject to a penalty under paragraph (1) shall be jointly and severally liable for any amount of such penalty that is not paid by the person prior to the expiration of the 1-year period which begins on the date the Commission imposes the penalty or the 1-year period which begins on the date of the final judgment following any judicial review of the Commission’s action, whichever is later.. (c) Effective date \n(1) Repeal of existing regulations on coordination \nEffective upon the expiration of the 90-day period which begins on the date of the enactment of this Act— (A) the regulations on coordinated communications adopted by the Federal Election Commission which are in effect on the date of the enactment of this Act (as set forth under the heading Coordination in subpart C of part 109 of title 11, Code of Federal Regulations) are repealed; and (B) the Federal Election Commission shall promulgate new regulations on coordinated communications which reflect the amendments made by this Act. (2) Effective date \nThe amendments made by this section shall apply with respect to payments made on or after the expiration of the 120-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations in accordance with paragraph (1)(B) as of the expiration of such period.", "id": "HF7200DC75C6B427DA8B9FAADEA1E8329", "header": "Clarification of treatment of coordinated expenditures as contributions to candidates", "nested": [ { "text": "(a) Treatment as contribution to candidate \nSection 301(8)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(A) ) is amended— (1) by striking or at the end of clause (i); (2) by striking the period at the end of clause (ii) and inserting ; or ; and (3) by adding at the end the following new clause: (iii) any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure (as such term is defined in section 325) which is not otherwise treated as a contribution under clause (i) or clause (ii)..", "id": "H5FE8765D596C4A789354ED0CE4589D73", "header": "Treatment as contribution to candidate", "nested": [], "links": [ { "text": "52 U.S.C. 30101(8)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(b) Definitions \nTitle III of such Act ( 52 U.S.C. 30101 et seq. ) is amended by adding at the end the following new section: 325. Payments for coordinated expenditures \n(a) Coordinated expenditures \n(1) In general \nFor purposes of section 301(8)(A)(iii), the term coordinated expenditure means— (A) any expenditure, or any payment for a covered communication described in subsection (e), which is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, as defined in subsection (b); or (B) any payment for any communication which republishes, disseminates, or distributes, in whole or in part, any video or broadcast or any written, graphic, or other form of campaign material prepared by the candidate or committee or by agents of the candidate or committee (including any excerpt or use of any video from any such broadcast or written, graphic, or other form of campaign material). (2) Exception for payments for certain communications \nA payment for a communication (including a covered communication described in subsection (e)) shall not be treated as a coordinated expenditure under this subsection if— (A) the communication appears in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or (B) the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission pursuant to section 304(f)(3)(B)(iii), or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum. (b) Coordination described \n(1) In general \nFor purposes of this section, a payment is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, if the payment, or any communication for which the payment is made, is not made entirely independently of the candidate, committee, or agents. For purposes of the previous sentence, a payment or communication not made entirely independently of the candidate or committee includes any payment or communication made pursuant to any general or particular understanding with, or pursuant to any communication with, the candidate, committee, or agents about the payment or communication. (2) No finding of coordination based solely on sharing of information regarding legislative or policy position \nFor purposes of this section, a payment shall not be considered to be made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, solely on the grounds that the person or the person’s agent engaged in discussions with the candidate or committee, or with any agent of the candidate or committee, regarding that person's position on a legislative or policy matter (including urging the candidate or committee to adopt that person's position), so long as there is no communication between the person and the candidate or committee, or any agent of the candidate or committee, regarding the candidate’s or committee’s campaign advertising, message, strategy, policy, polling, allocation of resources, fundraising, or other campaign activities. (3) No effect on party coordination standard \nNothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section 315(d). (c) Payments by coordinated spenders for covered communications \n(1) Payments made in cooperation, consultation, or concert with candidates \nFor purposes of subsection (a)(1)(A), if the person who makes a payment for a covered communication, as defined in subsection (e), is a coordinated spender under paragraph (2) with respect to the candidate as described in paragraph (2), the payment for the covered communication is made in cooperation, consultation, or concert with the candidate. (2) Coordinated spender defined \nFor purposes of this subsection, the term coordinated spender means, with respect to a candidate or an authorized committee of a candidate, a person (other than a political committee of a political party) for which any of the following applies: (A) During the 4-year period ending on the date on which the person makes the payment, the person was directly or indirectly formed or established by or at the request or suggestion of, or with the encouragement of, the candidate (including an individual who later becomes a candidate) or committee or agents of the candidate or committee, including with the approval of the candidate or committee or agents of the candidate or committee. (B) The candidate or committee or any agent of the candidate or committee solicits funds, appears at a fundraising event, or engages in other fundraising activity on the person’s behalf during the election cycle involved, including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity, regardless of whether the person pays fair market value for the names or lists provided. For purposes of this subparagraph, the term election cycle means, with respect to an election for Federal office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election). (C) The person is established, directed, or managed by the candidate or committee or by any person who, during the 4-year period ending on the date on which the person makes the payment, has been employed or retained as a political, campaign media, or fundraising adviser or consultant for the candidate or committee or for any other entity directly or indirectly controlled by the candidate or committee, or has held a formal position with the candidate or committee (including a position as an employee of the office of the candidate at any time the candidate held any Federal, State, or local public office during the 4-year period). (D) The person has retained the professional services of any person who, during the 2-year period ending on the date on which the person makes the payment, has provided or is providing professional services relating to the campaign to the candidate or committee, unless the person providing the professional services used a firewall or similar procedure in accordance with subsection (d). For purposes of this subparagraph, the term professional services includes any services in support of the candidate’s or committee’s campaign activities, including advertising, message, strategy, policy, polling, allocation of resources, fundraising, and campaign operations, but does not include accounting or legal services. (E) The person is established, directed, or managed by a member of the immediate family of the candidate, or the person or any officer or agent of the person has had more than incidental discussions about the candidate’s campaign with a member of the immediate family of the candidate. For purposes of this subparagraph, the term immediate family has the meaning given such term in section 9004(e) of the Internal Revenue Code of 1986. (d) Use of firewall as safe harbor \n(1) No coordination if firewall applies \nA person shall not be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee in accordance with this section if the person established and used a firewall or similar procedure to restrict the sharing of information between individuals who are employed by or who are serving as agents for the person making the payment, but only if the firewall or similar procedures meet the requirements of paragraph (2). (2) Requirements described \nThe requirements described in this paragraph with respect to a firewall or similar procedure are as follows: (A) The firewall or procedure is designed and implemented to prohibit the flow of information between employees and consultants providing services for the person paying for the communication and those employees or consultants providing, or who previously provided, services to a candidate who is clearly identified in the communication or an authorized committee of the candidate, the candidate’s opponent or an authorized committee of the candidate’s opponent, or a committee of a political party. (B) The firewall or procedure must be described in a written policy that is distributed, signed, and dated by all relevant employees, consultants, and clients subject to the policy. (C) The policy must be preserved and retained by the person for at least 5 years following any termination or cessation of representation by employees, consultants, and clients who are subject to the policy. (D) The policy must prohibit any employees, consultants, and clients who are subject to the policy from attending meetings, trainings, or other discussions where nonpublic plans, projects, activities, or needs of candidates for election for Federal office or political committees are discussed. (E) The policy must prohibit each owner of an organization, and each executive, manager, and supervisor within an organization, from simultaneously overseeing the work of employees and consultants who are subject to the firewall or procedure. (F) The policy must place restrictions on internal and external communications, including by establishing separate emailing lists, for employees, consultants, and clients who are subject to the firewall or procedure and those who are not subject to the firewall or procedure. (G) The policy must require the person to establish separate files, including electronic file folders— (i) for employees, consultants, and clients who are subject to the firewall or procedure and to prohibit access to such files by employees, consultants, and clients who are not subject to the firewall or procedure; and (ii) for employees, consultants, and clients who are not subject to the firewall or procedure and to prohibit access to such files by employees, consultants, and clients who are subject to the firewall or procedure. (H) The person must conduct a training on the applicable requirements and obligations of this Act and the policy for all employees, consultants, and clients. (3) Exception if information is shared regardless of firewall \nA person who established and used a firewall or similar procedure which meets the requirements of paragraph (2) shall be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee in accordance with this section if specific information indicates that, notwithstanding the establishment and use of the firewall or similar procedure, information about the candidate’s or committee’s campaign plans, projects, activities, or needs that is material to the creation, production, or distribution of the covered communication was used or conveyed to the person paying for the communication. (4) Use as defense to enforcement action \nIf, in a procedure or action brought by the Commission under section 309, a person who is alleged to have committed a violation of this Act which involves the making of a contribution which consists of a payment for a coordinated expenditure raises the use of a firewall or similar procedure as a defense, the person shall provide the Commission with— (A) a copy of the signed and dated firewall or procedure policy which applied to the person’s employees, consultants, or clients whose conduct is at issue in the procedure or action; and (B) a sworn, written affidavit of the employees, consultants, or clients who were subject to the policy that the terms, conditions, and requirements of the policy were met. (e) Covered communication defined \n(1) In general \nFor purposes of this section, the term covered communication means, with respect to a candidate or an authorized committee of a candidate, a public communication (as defined in section 301(22)) which— (A) expressly advocates the election of the candidate or the defeat of an opponent of the candidate (or contains the functional equivalent of express advocacy); (B) promotes or supports the election of the candidate, or attacks or opposes the election of an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or (C) refers to the candidate or an opponent of the candidate but is not described in subparagraph (A) or subparagraph (B), but only if the communication is disseminated during the applicable election period. (2) Applicable election period \nIn paragraph (1)(C), the applicable election period with respect to a communication means— (A) in the case of a communication which refers to a candidate in a general, special, or runoff election, the 120-day period which ends on the date of the election; or (B) in the case of a communication which refers to a candidate in a primary or preference election, or convention or caucus of a political party that has authority to nominate a candidate, the 60-day period which ends on the date of the election or convention or caucus. (3) Special rules for communications involving congressional candidates \nFor purposes of this subsection, a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of President or Vice President unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking. (f) Penalty \n(1) Determination of amount \nAny person who knowingly and willfully commits a violation of this Act which involves the making of a contribution which consists of a payment for a coordinated expenditure shall be fined an amount equal to the greater of— (A) in the case of a person who makes a contribution which consists of a payment for a coordinated expenditure in an amount exceeding the applicable contribution limit under this Act, 300 percent of the amount by which the amount of the payment made by the person exceeds such applicable contribution limit; or (B) in the case of a person who is prohibited under this Act from making a contribution in any amount, 300 percent of the amount of the payment made by the person for the coordinated expenditure. (2) Joint and several liability \nAny director, manager, or officer of a person who is subject to a penalty under paragraph (1) shall be jointly and severally liable for any amount of such penalty that is not paid by the person prior to the expiration of the 1-year period which begins on the date the Commission imposes the penalty or the 1-year period which begins on the date of the final judgment following any judicial review of the Commission’s action, whichever is later..", "id": "HFFC1BF7D51AD45389AA8B909AB164BDE", "header": "Definitions", "nested": [], "links": [ { "text": "52 U.S.C. 30101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "section 9004(e)", "legal-doc": "usc", "parsable-cite": "usc/26/9004" } ] }, { "text": "(c) Effective date \n(1) Repeal of existing regulations on coordination \nEffective upon the expiration of the 90-day period which begins on the date of the enactment of this Act— (A) the regulations on coordinated communications adopted by the Federal Election Commission which are in effect on the date of the enactment of this Act (as set forth under the heading Coordination in subpart C of part 109 of title 11, Code of Federal Regulations) are repealed; and (B) the Federal Election Commission shall promulgate new regulations on coordinated communications which reflect the amendments made by this Act. (2) Effective date \nThe amendments made by this section shall apply with respect to payments made on or after the expiration of the 120-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations in accordance with paragraph (1)(B) as of the expiration of such period.", "id": "H27B90DB4C02C42EA98088AE0A7E46154", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30101(8)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "section 9004(e)", "legal-doc": "usc", "parsable-cite": "usc/26/9004" } ] }, { "text": "325. Payments for coordinated expenditures \n(a) Coordinated expenditures \n(1) In general \nFor purposes of section 301(8)(A)(iii), the term coordinated expenditure means— (A) any expenditure, or any payment for a covered communication described in subsection (e), which is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, as defined in subsection (b); or (B) any payment for any communication which republishes, disseminates, or distributes, in whole or in part, any video or broadcast or any written, graphic, or other form of campaign material prepared by the candidate or committee or by agents of the candidate or committee (including any excerpt or use of any video from any such broadcast or written, graphic, or other form of campaign material). (2) Exception for payments for certain communications \nA payment for a communication (including a covered communication described in subsection (e)) shall not be treated as a coordinated expenditure under this subsection if— (A) the communication appears in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or (B) the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission pursuant to section 304(f)(3)(B)(iii), or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum. (b) Coordination described \n(1) In general \nFor purposes of this section, a payment is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, if the payment, or any communication for which the payment is made, is not made entirely independently of the candidate, committee, or agents. For purposes of the previous sentence, a payment or communication not made entirely independently of the candidate or committee includes any payment or communication made pursuant to any general or particular understanding with, or pursuant to any communication with, the candidate, committee, or agents about the payment or communication. (2) No finding of coordination based solely on sharing of information regarding legislative or policy position \nFor purposes of this section, a payment shall not be considered to be made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, solely on the grounds that the person or the person’s agent engaged in discussions with the candidate or committee, or with any agent of the candidate or committee, regarding that person's position on a legislative or policy matter (including urging the candidate or committee to adopt that person's position), so long as there is no communication between the person and the candidate or committee, or any agent of the candidate or committee, regarding the candidate’s or committee’s campaign advertising, message, strategy, policy, polling, allocation of resources, fundraising, or other campaign activities. (3) No effect on party coordination standard \nNothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section 315(d). (c) Payments by coordinated spenders for covered communications \n(1) Payments made in cooperation, consultation, or concert with candidates \nFor purposes of subsection (a)(1)(A), if the person who makes a payment for a covered communication, as defined in subsection (e), is a coordinated spender under paragraph (2) with respect to the candidate as described in paragraph (2), the payment for the covered communication is made in cooperation, consultation, or concert with the candidate. (2) Coordinated spender defined \nFor purposes of this subsection, the term coordinated spender means, with respect to a candidate or an authorized committee of a candidate, a person (other than a political committee of a political party) for which any of the following applies: (A) During the 4-year period ending on the date on which the person makes the payment, the person was directly or indirectly formed or established by or at the request or suggestion of, or with the encouragement of, the candidate (including an individual who later becomes a candidate) or committee or agents of the candidate or committee, including with the approval of the candidate or committee or agents of the candidate or committee. (B) The candidate or committee or any agent of the candidate or committee solicits funds, appears at a fundraising event, or engages in other fundraising activity on the person’s behalf during the election cycle involved, including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity, regardless of whether the person pays fair market value for the names or lists provided. For purposes of this subparagraph, the term election cycle means, with respect to an election for Federal office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election). (C) The person is established, directed, or managed by the candidate or committee or by any person who, during the 4-year period ending on the date on which the person makes the payment, has been employed or retained as a political, campaign media, or fundraising adviser or consultant for the candidate or committee or for any other entity directly or indirectly controlled by the candidate or committee, or has held a formal position with the candidate or committee (including a position as an employee of the office of the candidate at any time the candidate held any Federal, State, or local public office during the 4-year period). (D) The person has retained the professional services of any person who, during the 2-year period ending on the date on which the person makes the payment, has provided or is providing professional services relating to the campaign to the candidate or committee, unless the person providing the professional services used a firewall or similar procedure in accordance with subsection (d). For purposes of this subparagraph, the term professional services includes any services in support of the candidate’s or committee’s campaign activities, including advertising, message, strategy, policy, polling, allocation of resources, fundraising, and campaign operations, but does not include accounting or legal services. (E) The person is established, directed, or managed by a member of the immediate family of the candidate, or the person or any officer or agent of the person has had more than incidental discussions about the candidate’s campaign with a member of the immediate family of the candidate. For purposes of this subparagraph, the term immediate family has the meaning given such term in section 9004(e) of the Internal Revenue Code of 1986. (d) Use of firewall as safe harbor \n(1) No coordination if firewall applies \nA person shall not be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee in accordance with this section if the person established and used a firewall or similar procedure to restrict the sharing of information between individuals who are employed by or who are serving as agents for the person making the payment, but only if the firewall or similar procedures meet the requirements of paragraph (2). (2) Requirements described \nThe requirements described in this paragraph with respect to a firewall or similar procedure are as follows: (A) The firewall or procedure is designed and implemented to prohibit the flow of information between employees and consultants providing services for the person paying for the communication and those employees or consultants providing, or who previously provided, services to a candidate who is clearly identified in the communication or an authorized committee of the candidate, the candidate’s opponent or an authorized committee of the candidate’s opponent, or a committee of a political party. (B) The firewall or procedure must be described in a written policy that is distributed, signed, and dated by all relevant employees, consultants, and clients subject to the policy. (C) The policy must be preserved and retained by the person for at least 5 years following any termination or cessation of representation by employees, consultants, and clients who are subject to the policy. (D) The policy must prohibit any employees, consultants, and clients who are subject to the policy from attending meetings, trainings, or other discussions where nonpublic plans, projects, activities, or needs of candidates for election for Federal office or political committees are discussed. (E) The policy must prohibit each owner of an organization, and each executive, manager, and supervisor within an organization, from simultaneously overseeing the work of employees and consultants who are subject to the firewall or procedure. (F) The policy must place restrictions on internal and external communications, including by establishing separate emailing lists, for employees, consultants, and clients who are subject to the firewall or procedure and those who are not subject to the firewall or procedure. (G) The policy must require the person to establish separate files, including electronic file folders— (i) for employees, consultants, and clients who are subject to the firewall or procedure and to prohibit access to such files by employees, consultants, and clients who are not subject to the firewall or procedure; and (ii) for employees, consultants, and clients who are not subject to the firewall or procedure and to prohibit access to such files by employees, consultants, and clients who are subject to the firewall or procedure. (H) The person must conduct a training on the applicable requirements and obligations of this Act and the policy for all employees, consultants, and clients. (3) Exception if information is shared regardless of firewall \nA person who established and used a firewall or similar procedure which meets the requirements of paragraph (2) shall be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee in accordance with this section if specific information indicates that, notwithstanding the establishment and use of the firewall or similar procedure, information about the candidate’s or committee’s campaign plans, projects, activities, or needs that is material to the creation, production, or distribution of the covered communication was used or conveyed to the person paying for the communication. (4) Use as defense to enforcement action \nIf, in a procedure or action brought by the Commission under section 309, a person who is alleged to have committed a violation of this Act which involves the making of a contribution which consists of a payment for a coordinated expenditure raises the use of a firewall or similar procedure as a defense, the person shall provide the Commission with— (A) a copy of the signed and dated firewall or procedure policy which applied to the person’s employees, consultants, or clients whose conduct is at issue in the procedure or action; and (B) a sworn, written affidavit of the employees, consultants, or clients who were subject to the policy that the terms, conditions, and requirements of the policy were met. (e) Covered communication defined \n(1) In general \nFor purposes of this section, the term covered communication means, with respect to a candidate or an authorized committee of a candidate, a public communication (as defined in section 301(22)) which— (A) expressly advocates the election of the candidate or the defeat of an opponent of the candidate (or contains the functional equivalent of express advocacy); (B) promotes or supports the election of the candidate, or attacks or opposes the election of an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or (C) refers to the candidate or an opponent of the candidate but is not described in subparagraph (A) or subparagraph (B), but only if the communication is disseminated during the applicable election period. (2) Applicable election period \nIn paragraph (1)(C), the applicable election period with respect to a communication means— (A) in the case of a communication which refers to a candidate in a general, special, or runoff election, the 120-day period which ends on the date of the election; or (B) in the case of a communication which refers to a candidate in a primary or preference election, or convention or caucus of a political party that has authority to nominate a candidate, the 60-day period which ends on the date of the election or convention or caucus. (3) Special rules for communications involving congressional candidates \nFor purposes of this subsection, a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of President or Vice President unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking. (f) Penalty \n(1) Determination of amount \nAny person who knowingly and willfully commits a violation of this Act which involves the making of a contribution which consists of a payment for a coordinated expenditure shall be fined an amount equal to the greater of— (A) in the case of a person who makes a contribution which consists of a payment for a coordinated expenditure in an amount exceeding the applicable contribution limit under this Act, 300 percent of the amount by which the amount of the payment made by the person exceeds such applicable contribution limit; or (B) in the case of a person who is prohibited under this Act from making a contribution in any amount, 300 percent of the amount of the payment made by the person for the coordinated expenditure. (2) Joint and several liability \nAny director, manager, or officer of a person who is subject to a penalty under paragraph (1) shall be jointly and severally liable for any amount of such penalty that is not paid by the person prior to the expiration of the 1-year period which begins on the date the Commission imposes the penalty or the 1-year period which begins on the date of the final judgment following any judicial review of the Commission’s action, whichever is later.", "id": "H5B3CC01D63CD4BCBAAC539CFC8069114", "header": "Payments for coordinated expenditures", "nested": [ { "text": "(a) Coordinated expenditures \n(1) In general \nFor purposes of section 301(8)(A)(iii), the term coordinated expenditure means— (A) any expenditure, or any payment for a covered communication described in subsection (e), which is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, as defined in subsection (b); or (B) any payment for any communication which republishes, disseminates, or distributes, in whole or in part, any video or broadcast or any written, graphic, or other form of campaign material prepared by the candidate or committee or by agents of the candidate or committee (including any excerpt or use of any video from any such broadcast or written, graphic, or other form of campaign material). (2) Exception for payments for certain communications \nA payment for a communication (including a covered communication described in subsection (e)) shall not be treated as a coordinated expenditure under this subsection if— (A) the communication appears in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or (B) the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission pursuant to section 304(f)(3)(B)(iii), or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum.", "id": "H1B22272CD7F646329BFC7DB4ACBD3F2F", "header": "Coordinated expenditures", "nested": [], "links": [] }, { "text": "(b) Coordination described \n(1) In general \nFor purposes of this section, a payment is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, if the payment, or any communication for which the payment is made, is not made entirely independently of the candidate, committee, or agents. For purposes of the previous sentence, a payment or communication not made entirely independently of the candidate or committee includes any payment or communication made pursuant to any general or particular understanding with, or pursuant to any communication with, the candidate, committee, or agents about the payment or communication. (2) No finding of coordination based solely on sharing of information regarding legislative or policy position \nFor purposes of this section, a payment shall not be considered to be made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, solely on the grounds that the person or the person’s agent engaged in discussions with the candidate or committee, or with any agent of the candidate or committee, regarding that person's position on a legislative or policy matter (including urging the candidate or committee to adopt that person's position), so long as there is no communication between the person and the candidate or committee, or any agent of the candidate or committee, regarding the candidate’s or committee’s campaign advertising, message, strategy, policy, polling, allocation of resources, fundraising, or other campaign activities. (3) No effect on party coordination standard \nNothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section 315(d).", "id": "H55085DF2B0B842DEB64E9E302C30CC7B", "header": "Coordination described", "nested": [], "links": [] }, { "text": "(c) Payments by coordinated spenders for covered communications \n(1) Payments made in cooperation, consultation, or concert with candidates \nFor purposes of subsection (a)(1)(A), if the person who makes a payment for a covered communication, as defined in subsection (e), is a coordinated spender under paragraph (2) with respect to the candidate as described in paragraph (2), the payment for the covered communication is made in cooperation, consultation, or concert with the candidate. (2) Coordinated spender defined \nFor purposes of this subsection, the term coordinated spender means, with respect to a candidate or an authorized committee of a candidate, a person (other than a political committee of a political party) for which any of the following applies: (A) During the 4-year period ending on the date on which the person makes the payment, the person was directly or indirectly formed or established by or at the request or suggestion of, or with the encouragement of, the candidate (including an individual who later becomes a candidate) or committee or agents of the candidate or committee, including with the approval of the candidate or committee or agents of the candidate or committee. (B) The candidate or committee or any agent of the candidate or committee solicits funds, appears at a fundraising event, or engages in other fundraising activity on the person’s behalf during the election cycle involved, including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity, regardless of whether the person pays fair market value for the names or lists provided. For purposes of this subparagraph, the term election cycle means, with respect to an election for Federal office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election). (C) The person is established, directed, or managed by the candidate or committee or by any person who, during the 4-year period ending on the date on which the person makes the payment, has been employed or retained as a political, campaign media, or fundraising adviser or consultant for the candidate or committee or for any other entity directly or indirectly controlled by the candidate or committee, or has held a formal position with the candidate or committee (including a position as an employee of the office of the candidate at any time the candidate held any Federal, State, or local public office during the 4-year period). (D) The person has retained the professional services of any person who, during the 2-year period ending on the date on which the person makes the payment, has provided or is providing professional services relating to the campaign to the candidate or committee, unless the person providing the professional services used a firewall or similar procedure in accordance with subsection (d). For purposes of this subparagraph, the term professional services includes any services in support of the candidate’s or committee’s campaign activities, including advertising, message, strategy, policy, polling, allocation of resources, fundraising, and campaign operations, but does not include accounting or legal services. (E) The person is established, directed, or managed by a member of the immediate family of the candidate, or the person or any officer or agent of the person has had more than incidental discussions about the candidate’s campaign with a member of the immediate family of the candidate. For purposes of this subparagraph, the term immediate family has the meaning given such term in section 9004(e) of the Internal Revenue Code of 1986.", "id": "HE27FB10502124DB19EA41AFF87A84832", "header": "Payments by coordinated spenders for covered communications", "nested": [], "links": [ { "text": "section 9004(e)", "legal-doc": "usc", "parsable-cite": "usc/26/9004" } ] }, { "text": "(d) Use of firewall as safe harbor \n(1) No coordination if firewall applies \nA person shall not be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee in accordance with this section if the person established and used a firewall or similar procedure to restrict the sharing of information between individuals who are employed by or who are serving as agents for the person making the payment, but only if the firewall or similar procedures meet the requirements of paragraph (2). (2) Requirements described \nThe requirements described in this paragraph with respect to a firewall or similar procedure are as follows: (A) The firewall or procedure is designed and implemented to prohibit the flow of information between employees and consultants providing services for the person paying for the communication and those employees or consultants providing, or who previously provided, services to a candidate who is clearly identified in the communication or an authorized committee of the candidate, the candidate’s opponent or an authorized committee of the candidate’s opponent, or a committee of a political party. (B) The firewall or procedure must be described in a written policy that is distributed, signed, and dated by all relevant employees, consultants, and clients subject to the policy. (C) The policy must be preserved and retained by the person for at least 5 years following any termination or cessation of representation by employees, consultants, and clients who are subject to the policy. (D) The policy must prohibit any employees, consultants, and clients who are subject to the policy from attending meetings, trainings, or other discussions where nonpublic plans, projects, activities, or needs of candidates for election for Federal office or political committees are discussed. (E) The policy must prohibit each owner of an organization, and each executive, manager, and supervisor within an organization, from simultaneously overseeing the work of employees and consultants who are subject to the firewall or procedure. (F) The policy must place restrictions on internal and external communications, including by establishing separate emailing lists, for employees, consultants, and clients who are subject to the firewall or procedure and those who are not subject to the firewall or procedure. (G) The policy must require the person to establish separate files, including electronic file folders— (i) for employees, consultants, and clients who are subject to the firewall or procedure and to prohibit access to such files by employees, consultants, and clients who are not subject to the firewall or procedure; and (ii) for employees, consultants, and clients who are not subject to the firewall or procedure and to prohibit access to such files by employees, consultants, and clients who are subject to the firewall or procedure. (H) The person must conduct a training on the applicable requirements and obligations of this Act and the policy for all employees, consultants, and clients. (3) Exception if information is shared regardless of firewall \nA person who established and used a firewall or similar procedure which meets the requirements of paragraph (2) shall be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee in accordance with this section if specific information indicates that, notwithstanding the establishment and use of the firewall or similar procedure, information about the candidate’s or committee’s campaign plans, projects, activities, or needs that is material to the creation, production, or distribution of the covered communication was used or conveyed to the person paying for the communication. (4) Use as defense to enforcement action \nIf, in a procedure or action brought by the Commission under section 309, a person who is alleged to have committed a violation of this Act which involves the making of a contribution which consists of a payment for a coordinated expenditure raises the use of a firewall or similar procedure as a defense, the person shall provide the Commission with— (A) a copy of the signed and dated firewall or procedure policy which applied to the person’s employees, consultants, or clients whose conduct is at issue in the procedure or action; and (B) a sworn, written affidavit of the employees, consultants, or clients who were subject to the policy that the terms, conditions, and requirements of the policy were met.", "id": "H08054E0AE9CD41DAB3BD24075B4440B3", "header": "Use of firewall as safe harbor", "nested": [], "links": [] }, { "text": "(e) Covered communication defined \n(1) In general \nFor purposes of this section, the term covered communication means, with respect to a candidate or an authorized committee of a candidate, a public communication (as defined in section 301(22)) which— (A) expressly advocates the election of the candidate or the defeat of an opponent of the candidate (or contains the functional equivalent of express advocacy); (B) promotes or supports the election of the candidate, or attacks or opposes the election of an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or (C) refers to the candidate or an opponent of the candidate but is not described in subparagraph (A) or subparagraph (B), but only if the communication is disseminated during the applicable election period. (2) Applicable election period \nIn paragraph (1)(C), the applicable election period with respect to a communication means— (A) in the case of a communication which refers to a candidate in a general, special, or runoff election, the 120-day period which ends on the date of the election; or (B) in the case of a communication which refers to a candidate in a primary or preference election, or convention or caucus of a political party that has authority to nominate a candidate, the 60-day period which ends on the date of the election or convention or caucus. (3) Special rules for communications involving congressional candidates \nFor purposes of this subsection, a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of President or Vice President unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking.", "id": "H73A54F76D10B471D85F5945D23F83AE2", "header": "Covered communication defined", "nested": [], "links": [] }, { "text": "(f) Penalty \n(1) Determination of amount \nAny person who knowingly and willfully commits a violation of this Act which involves the making of a contribution which consists of a payment for a coordinated expenditure shall be fined an amount equal to the greater of— (A) in the case of a person who makes a contribution which consists of a payment for a coordinated expenditure in an amount exceeding the applicable contribution limit under this Act, 300 percent of the amount by which the amount of the payment made by the person exceeds such applicable contribution limit; or (B) in the case of a person who is prohibited under this Act from making a contribution in any amount, 300 percent of the amount of the payment made by the person for the coordinated expenditure. (2) Joint and several liability \nAny director, manager, or officer of a person who is subject to a penalty under paragraph (1) shall be jointly and severally liable for any amount of such penalty that is not paid by the person prior to the expiration of the 1-year period which begins on the date the Commission imposes the penalty or the 1-year period which begins on the date of the final judgment following any judicial review of the Commission’s action, whichever is later.", "id": "H519CF3DFCCAA4383BBD7813E60659BCA", "header": "Penalty", "nested": [], "links": [] } ], "links": [ { "text": "section 9004(e)", "legal-doc": "usc", "parsable-cite": "usc/26/9004" } ] }, { "text": "7101. Short title \nThis subtitle may be cited as the Restoring Integrity to America’s Elections Act.", "id": "H07F8C61B2AA54D2B8EE7BC2F6A7AD3E6", "header": "Short title", "nested": [], "links": [] }, { "text": "7102. Revision to enforcement process \n(a) Standard for initiating investigations and determining whether violations have occurred \n(1) Revision of standards \nSection 309(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a) ) is amended by striking paragraphs (2) and (3) and inserting the following: (2) (A) The general counsel, upon receiving a complaint filed with the Commission under paragraph (1) or upon the basis of information ascertained by the Commission in the normal course of carrying out its supervisory responsibilities, shall make a determination as to whether or not there is reason to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and as to whether or not the Commission should either initiate an investigation of the matter or that the complaint should be dismissed. The general counsel shall promptly provide notification to the Commission of such determination and the reasons therefore, together with any written response submitted under paragraph (1) by the person alleged to have committed the violation. Upon the expiration of the 30-day period which begins on the date the general counsel provides such notification, the general counsel’s determination shall take effect, unless during such 30-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, overrules the general counsel’s determination. If the determination by the general counsel that the Commission should investigate the matter takes effect, or if the determination by the general counsel that the complaint should be dismissed is overruled as provided under the previous sentence, the general counsel shall initiate an investigation of the matter on behalf of the Commission. (B) If the Commission initiates an investigation pursuant to subparagraph (A), the Commission, through the Chair, shall notify the subject of the investigation of the alleged violation. Such notification shall set forth the factual basis for such alleged violation. The Commission shall make an investigation of such alleged violation, which may include a field investigation or audit, in accordance with the provisions of this section. The general counsel shall provide notification to the Commission of any intent to issue a subpoena or conduct any other form of discovery pursuant to the investigation. Upon the expiration of the 15-day period which begins on the date the general counsel provides such notification, the general counsel may issue the subpoena or conduct the discovery, unless during such 15-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, prohibits the general counsel from issuing the subpoena or conducting the discovery. (3) (A) Upon completion of an investigation under paragraph (2), the general counsel shall make a determination as to whether or not there is probable cause to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and shall promptly submit such determination to the Commission, and shall include with the determination a brief stating the position of the general counsel on the legal and factual issues of the case. (B) At the time the general counsel submits to the Commission the determination under subparagraph (A), the general counsel shall simultaneously notify the respondent of such determination and the reasons therefore, shall provide the respondent with an opportunity to submit a brief within 30 days stating the position of the respondent on the legal and factual issues of the case and replying to the brief of the general counsel. The general counsel shall promptly submit such brief to the Commission upon receipt. (C) Upon the expiration of the 30-day period which begins on the date the general counsel submits the determination to the Commission under subparagraph (A) (or, if the respondent submits a brief under subparagraph (B), upon the expiration of the 30-day period which begins on the date the general counsel submits the respondent’s brief to the Commission under such subparagraph), the general counsel’s determination shall take effect, unless during such 30-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, overrules the general counsel’s determination. If the determination by the general counsel that there is probable cause to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, or if the determination by the general counsel that there is not probable cause that a person has committed or is about to commit such a violation is overruled as provided under the previous sentence, for purposes of this subsection, the Commission shall be deemed to have determined that there is probable cause that the person has committed or is about to commit such a violation.. (2) Conforming amendment relating to Initial response to filing of complaint \nSection 309(a)(1) of such Act ( 52 U.S.C. 30109(a)(1) ) is amended— (A) in the third sentence, by striking the Commission and inserting the general counsel ; and (B) by amending the fourth sentence to read as follows: Not later than 15 days after receiving notice from the general counsel under the previous sentence, the person may provide the general counsel with a written response that no action should be taken against such person on the basis of the complaint.. (b) Revision of standard for review of dismissal of complaints \n(1) In general \nSection 309(a)(8) of such Act ( 52 U.S.C. 30109(a)(8) ) is amended to read as follows: (8) (A) (i) Any party aggrieved by an order of the Commission dismissing a complaint filed by such party may file a petition with the United States District Court for the District of Columbia. Any petition under this subparagraph shall be filed within 60 days after the date on which the party received notice of the dismissal of the complaint. (ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the agency’s dismissal of the complaint is contrary to law. In any matter in which the penalty for the alleged violation is greater than $50,000, the court should disregard any claim or defense by the Commission of prosecutorial discretion as a basis for dismissing the complaint. (B) (i) Any party who has filed a complaint with the Commission and who is aggrieved by a failure of the Commission, within one year after the filing of the complaint, to act on such complaint, may file a petition with the United States District Court for the District of Columbia. (ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the agency’s failure to act on the complaint is contrary to law. (C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the Commission to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint.. (2) Effective date \nThe amendments made by paragraph (1) shall apply— (A) in the case of complaints which are dismissed by the Federal Election Commission, with respect to complaints which are dismissed on or after the date of the enactment of this Act; and (B) in the case of complaints upon which the Federal Election Commission failed to act, with respect to complaints which were filed on or after the date of the enactment of this Act. (c) Regulations \nNot later than 180 days after the date of the enactment of this Act, the Federal Election Commission shall promulgate new regulations on the enforcement process under section 309 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109 ) to take into account the amendments made by this section.", "id": "HCAE3EFC75D6C4573982765740C46C6A8", "header": "Revision to enforcement process", "nested": [ { "text": "(a) Standard for initiating investigations and determining whether violations have occurred \n(1) Revision of standards \nSection 309(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a) ) is amended by striking paragraphs (2) and (3) and inserting the following: (2) (A) The general counsel, upon receiving a complaint filed with the Commission under paragraph (1) or upon the basis of information ascertained by the Commission in the normal course of carrying out its supervisory responsibilities, shall make a determination as to whether or not there is reason to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and as to whether or not the Commission should either initiate an investigation of the matter or that the complaint should be dismissed. The general counsel shall promptly provide notification to the Commission of such determination and the reasons therefore, together with any written response submitted under paragraph (1) by the person alleged to have committed the violation. Upon the expiration of the 30-day period which begins on the date the general counsel provides such notification, the general counsel’s determination shall take effect, unless during such 30-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, overrules the general counsel’s determination. If the determination by the general counsel that the Commission should investigate the matter takes effect, or if the determination by the general counsel that the complaint should be dismissed is overruled as provided under the previous sentence, the general counsel shall initiate an investigation of the matter on behalf of the Commission. (B) If the Commission initiates an investigation pursuant to subparagraph (A), the Commission, through the Chair, shall notify the subject of the investigation of the alleged violation. Such notification shall set forth the factual basis for such alleged violation. The Commission shall make an investigation of such alleged violation, which may include a field investigation or audit, in accordance with the provisions of this section. The general counsel shall provide notification to the Commission of any intent to issue a subpoena or conduct any other form of discovery pursuant to the investigation. Upon the expiration of the 15-day period which begins on the date the general counsel provides such notification, the general counsel may issue the subpoena or conduct the discovery, unless during such 15-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, prohibits the general counsel from issuing the subpoena or conducting the discovery. (3) (A) Upon completion of an investigation under paragraph (2), the general counsel shall make a determination as to whether or not there is probable cause to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and shall promptly submit such determination to the Commission, and shall include with the determination a brief stating the position of the general counsel on the legal and factual issues of the case. (B) At the time the general counsel submits to the Commission the determination under subparagraph (A), the general counsel shall simultaneously notify the respondent of such determination and the reasons therefore, shall provide the respondent with an opportunity to submit a brief within 30 days stating the position of the respondent on the legal and factual issues of the case and replying to the brief of the general counsel. The general counsel shall promptly submit such brief to the Commission upon receipt. (C) Upon the expiration of the 30-day period which begins on the date the general counsel submits the determination to the Commission under subparagraph (A) (or, if the respondent submits a brief under subparagraph (B), upon the expiration of the 30-day period which begins on the date the general counsel submits the respondent’s brief to the Commission under such subparagraph), the general counsel’s determination shall take effect, unless during such 30-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, overrules the general counsel’s determination. If the determination by the general counsel that there is probable cause to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, or if the determination by the general counsel that there is not probable cause that a person has committed or is about to commit such a violation is overruled as provided under the previous sentence, for purposes of this subsection, the Commission shall be deemed to have determined that there is probable cause that the person has committed or is about to commit such a violation.. (2) Conforming amendment relating to Initial response to filing of complaint \nSection 309(a)(1) of such Act ( 52 U.S.C. 30109(a)(1) ) is amended— (A) in the third sentence, by striking the Commission and inserting the general counsel ; and (B) by amending the fourth sentence to read as follows: Not later than 15 days after receiving notice from the general counsel under the previous sentence, the person may provide the general counsel with a written response that no action should be taken against such person on the basis of the complaint..", "id": "HCECD1CDAA6D84C31BB3E1E22D0D5F310", "header": "Standard for initiating investigations and determining whether violations have occurred", "nested": [], "links": [ { "text": "52 U.S.C. 30109(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30109" }, { "text": "chapter 96", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/96" }, { "text": "chapter 96", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/96" }, { "text": "chapter 96", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/96" }, { "text": "52 U.S.C. 30109(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30109" } ] }, { "text": "(b) Revision of standard for review of dismissal of complaints \n(1) In general \nSection 309(a)(8) of such Act ( 52 U.S.C. 30109(a)(8) ) is amended to read as follows: (8) (A) (i) Any party aggrieved by an order of the Commission dismissing a complaint filed by such party may file a petition with the United States District Court for the District of Columbia. Any petition under this subparagraph shall be filed within 60 days after the date on which the party received notice of the dismissal of the complaint. (ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the agency’s dismissal of the complaint is contrary to law. In any matter in which the penalty for the alleged violation is greater than $50,000, the court should disregard any claim or defense by the Commission of prosecutorial discretion as a basis for dismissing the complaint. (B) (i) Any party who has filed a complaint with the Commission and who is aggrieved by a failure of the Commission, within one year after the filing of the complaint, to act on such complaint, may file a petition with the United States District Court for the District of Columbia. (ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the agency’s failure to act on the complaint is contrary to law. (C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the Commission to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint.. (2) Effective date \nThe amendments made by paragraph (1) shall apply— (A) in the case of complaints which are dismissed by the Federal Election Commission, with respect to complaints which are dismissed on or after the date of the enactment of this Act; and (B) in the case of complaints upon which the Federal Election Commission failed to act, with respect to complaints which were filed on or after the date of the enactment of this Act.", "id": "H4C90C748D2024A1D89461ED5773C8DC3", "header": "Revision of standard for review of dismissal of complaints", "nested": [], "links": [ { "text": "52 U.S.C. 30109(a)(8)", "legal-doc": "usc", "parsable-cite": "usc/52/30109" } ] }, { "text": "(c) Regulations \nNot later than 180 days after the date of the enactment of this Act, the Federal Election Commission shall promulgate new regulations on the enforcement process under section 309 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109 ) to take into account the amendments made by this section.", "id": "HBB0F00BA82EC455C8E7E6C3D48729AC4", "header": "Regulations", "nested": [], "links": [ { "text": "52 U.S.C. 30109", "legal-doc": "usc", "parsable-cite": "usc/52/30109" } ] } ], "links": [ { "text": "52 U.S.C. 30109(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30109" }, { "text": "chapter 96", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/96" }, { "text": "chapter 96", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/96" }, { "text": "chapter 96", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/96" }, { "text": "52 U.S.C. 30109(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30109" }, { "text": "52 U.S.C. 30109(a)(8)", "legal-doc": "usc", "parsable-cite": "usc/52/30109" }, { "text": "52 U.S.C. 30109", "legal-doc": "usc", "parsable-cite": "usc/52/30109" } ] }, { "text": "7103. Official exercising the responsibilities of the general counsel \nSection 306(f)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(f)(1) ) is amended by adding at the end the following new sentence: In the event of a vacancy in the position of the General Counsel, the most senior attorney employed within the Office of the General Counsel at the time the vacancy arises shall exercise all the responsibilities of the General Counsel until the vacancy is filled..", "id": "H5F42012692734B079994FC4CA9EFA693", "header": "Official exercising the responsibilities of the general counsel", "nested": [], "links": [ { "text": "52 U.S.C. 30106(f)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30106" } ] }, { "text": "7104. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests \n(a) In general \nSection 308 of such Act ( 52 U.S.C. 30108 ) is amended by adding at the end the following new subsection: (e) To the extent that the Commission provides an opportunity for a person requesting an advisory opinion under this section (or counsel for such person) to appear before the Commission to present testimony in support of the request, and the person (or counsel) accepts such opportunity, the Commission shall provide a reasonable opportunity for an interested party who submitted written comments under subsection (d) in response to the request (or counsel for such interested party) to appear before the Commission to present testimony in response to the request.. (b) Effective da te \nThe amendment made by subsection (a) shall apply with respect to requests for advisory opinions under section 308 of the Federal Election Campaign Act of 1971 which are made on or after the date of the enactment of this Act.", "id": "HA065B1EF8F484398ADF8DFF00E706003", "header": "Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests", "nested": [ { "text": "(a) In general \nSection 308 of such Act ( 52 U.S.C. 30108 ) is amended by adding at the end the following new subsection: (e) To the extent that the Commission provides an opportunity for a person requesting an advisory opinion under this section (or counsel for such person) to appear before the Commission to present testimony in support of the request, and the person (or counsel) accepts such opportunity, the Commission shall provide a reasonable opportunity for an interested party who submitted written comments under subsection (d) in response to the request (or counsel for such interested party) to appear before the Commission to present testimony in response to the request..", "id": "H58B39EE35D204EF79DF3EBF121AB33BD", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 30108", "legal-doc": "usc", "parsable-cite": "usc/52/30108" } ] }, { "text": "(b) Effective da te \nThe amendment made by subsection (a) shall apply with respect to requests for advisory opinions under section 308 of the Federal Election Campaign Act of 1971 which are made on or after the date of the enactment of this Act.", "id": "H7E18C85B3EBF4843A4E0AF8467121D6C", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30108", "legal-doc": "usc", "parsable-cite": "usc/52/30108" } ] }, { "text": "7105. Permanent extension of administrative penalty authority \nSection 309(a)(4)(C)(v) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a)(4)(C)(v) ) is amended by striking , and that end on or before December 31, 2023.", "id": "HAB8188F90EF4455ABDF2A1DC3D200EB7", "header": "Permanent extension of administrative penalty authority", "nested": [], "links": [ { "text": "52 U.S.C. 30109(a)(4)(C)(v)", "legal-doc": "usc", "parsable-cite": "usc/52/30109" } ] }, { "text": "7106. Restrictions on ex parte communications \nSection 306(e) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(e) ) is amended— (1) by striking (e) The Commission and inserting (e)(1) The Commission ; and (2) by adding at the end the following new paragraph: (2) Members and employees of the Commission shall be subject to limitations on ex parte communications, as provided in the regulations promulgated by the Commission regarding such communications which are in effect on the date of the enactment of this paragraph..", "id": "HD37E9B00051244D7950119FEE6AD9351", "header": "Restrictions on ex parte communications", "nested": [], "links": [ { "text": "52 U.S.C. 30106(e)", "legal-doc": "usc", "parsable-cite": "usc/52/30106" } ] }, { "text": "7107. Clarifying authority of FEC attorneys to represent FEC in Supreme Court \n(a) Clarifying authority \nSection 306(f)(4) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(f)(4) ) is amended by striking any action instituted under this Act, either (A) by attorneys and inserting any action instituted under this Act, including an action before the Supreme Court of the United States, either (A) by the General Counsel of the Commission and other attorneys. (b) Effective date \nThe amendment made by subsection (a) shall apply with respect to actions instituted before, on, or after the date of the enactment of this Act.", "id": "HB2B1DBF4BDC04C32956AFCCF6371F07B", "header": "Clarifying authority of FEC attorneys to represent FEC in Supreme Court", "nested": [ { "text": "(a) Clarifying authority \nSection 306(f)(4) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(f)(4) ) is amended by striking any action instituted under this Act, either (A) by attorneys and inserting any action instituted under this Act, including an action before the Supreme Court of the United States, either (A) by the General Counsel of the Commission and other attorneys.", "id": "H84F054E229C3461D818DA63AE90FC27C", "header": "Clarifying authority", "nested": [], "links": [ { "text": "52 U.S.C. 30106(f)(4)", "legal-doc": "usc", "parsable-cite": "usc/52/30106" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply with respect to actions instituted before, on, or after the date of the enactment of this Act.", "id": "HFE82F598F5D7414DA5CD58683970EEF9", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30106(f)(4)", "legal-doc": "usc", "parsable-cite": "usc/52/30106" } ] }, { "text": "7108. Requiring forms to permit use of accent marks \n(a) Requirement \nSection 311(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30111(a)(1) ) is amended by striking the semicolon at the end and inserting the following: , and shall ensure that all such forms (including forms in an electronic format) permit the person using the form to include an accent mark as part of the person’s identification;. (b) Effective date \nThe amendment made by subsection (a) shall take effect upon the expiration of the 90-day period which begins on the date of the enactment of this Act.", "id": "H85716BC05A5E4D508861E9D96508DD08", "header": "Requiring forms to permit use of accent marks", "nested": [ { "text": "(a) Requirement \nSection 311(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30111(a)(1) ) is amended by striking the semicolon at the end and inserting the following: , and shall ensure that all such forms (including forms in an electronic format) permit the person using the form to include an accent mark as part of the person’s identification;.", "id": "H78764F8789A3420E90B74B64C3B2A42C", "header": "Requirement", "nested": [], "links": [ { "text": "52 U.S.C. 30111(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30111" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall take effect upon the expiration of the 90-day period which begins on the date of the enactment of this Act.", "id": "HF47E3E9668C84788A097D0B2A099DDDB", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30111(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30111" } ] }, { "text": "7109. Extension of the statutes of limitations for offenses under the Federal Election Campaign Act of 1971 \n(a) Civil offenses \nSection 309(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a) ) is amended by inserting after paragraph (9) the following new paragraph: (10) No person shall be subject to a civil penalty under this subsection with respect to a violation of this Act unless a complaint is filed with the Commission with respect to the violation under paragraph (1), or the Commission responds to information with respect to the violation which is ascertained in the normal course of carrying out its supervisory responsibilities under paragraph (2), not later than 10 years after the date on which the violation occurred.. (b) Criminal offenses \nSection 406(a) of such Act ( 52 U.S.C. 30145(a) ) is amended by striking 5 years and inserting 10 years. (c) Effective date \nThe amendments made by this section shall apply with respect to violations occurring on or after the date of enactment of this Act.", "id": "HFFE8D22F8F664C25AA7AD0B159E80F9D", "header": "Extension of the statutes of limitations for offenses under the Federal Election Campaign Act of 1971", "nested": [ { "text": "(a) Civil offenses \nSection 309(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a) ) is amended by inserting after paragraph (9) the following new paragraph: (10) No person shall be subject to a civil penalty under this subsection with respect to a violation of this Act unless a complaint is filed with the Commission with respect to the violation under paragraph (1), or the Commission responds to information with respect to the violation which is ascertained in the normal course of carrying out its supervisory responsibilities under paragraph (2), not later than 10 years after the date on which the violation occurred..", "id": "H6F79B49AC75E464789C3D48E56174EA3", "header": "Civil offenses", "nested": [], "links": [ { "text": "52 U.S.C. 30109(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30109" } ] }, { "text": "(b) Criminal offenses \nSection 406(a) of such Act ( 52 U.S.C. 30145(a) ) is amended by striking 5 years and inserting 10 years.", "id": "H0CF25C2D882E4494BF63DCFB8F421B34", "header": "Criminal offenses", "nested": [], "links": [ { "text": "52 U.S.C. 30145(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30145" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to violations occurring on or after the date of enactment of this Act.", "id": "H297A25BE8FF54BB7AC259C8FC0940732", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30109(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30109" }, { "text": "52 U.S.C. 30145(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30145" } ] }, { "text": "7110. Effective date; transition \n(a) In General \nExcept as otherwise provided, this subtitle and the amendments made by this subtitle 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 subtitle and the amendments made by this subtitle. (b) Transition \n(1) No effect on existing cases or proceedings \nNothing in this subtitle or in any amendment made by this subtitle shall affect any of the powers exercised by the Federal Election Commission prior to the date of the enactment of this Act, including any investigation initiated by the Commission prior to such date or any proceeding (including any enforcement action) pending as of such date. (2) Treatment of certain complaints \nIf, as of the date of the enactment of this Act, the General Counsel of the Federal Election Commission has not made any recommendation to the Commission under section 309(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109 ) with respect to a complaint filed prior to the date of the enactment of this Act, this subtitle and the amendments made by this subtitle shall apply with respect to the complaint in the same manner as this subtitle and the amendments made by this subtitle apply with respect to a complaint filed on or after the date of the enactment of this Act.", "id": "H16C2D29249EB4C90AE01D050C5C14F33", "header": "Effective date; transition", "nested": [ { "text": "(a) In General \nExcept as otherwise provided, this subtitle and the amendments made by this subtitle 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 subtitle and the amendments made by this subtitle.", "id": "H0E88359CD8E74E0A8EC4CD6296E46FD3", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Transition \n(1) No effect on existing cases or proceedings \nNothing in this subtitle or in any amendment made by this subtitle shall affect any of the powers exercised by the Federal Election Commission prior to the date of the enactment of this Act, including any investigation initiated by the Commission prior to such date or any proceeding (including any enforcement action) pending as of such date. (2) Treatment of certain complaints \nIf, as of the date of the enactment of this Act, the General Counsel of the Federal Election Commission has not made any recommendation to the Commission under section 309(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109 ) with respect to a complaint filed prior to the date of the enactment of this Act, this subtitle and the amendments made by this subtitle shall apply with respect to the complaint in the same manner as this subtitle and the amendments made by this subtitle apply with respect to a complaint filed on or after the date of the enactment of this Act.", "id": "H69BD3493815C4F039E0ECF80E2ECEAC5", "header": "Transition", "nested": [], "links": [ { "text": "52 U.S.C. 30109", "legal-doc": "usc", "parsable-cite": "usc/52/30109" } ] } ], "links": [ { "text": "52 U.S.C. 30109", "legal-doc": "usc", "parsable-cite": "usc/52/30109" } ] }, { "text": "8001. Democracy Advancement and Innovation Program \n(a) Establishment \nThere is established a program to be known as the Democracy Advancement and Innovation Program under which the Director of the Office of Democracy Advancement and Innovation shall make allocations to each State for each fiscal year to carry out democracy promotion activities described in subsection (b). (b) Democracy promotion activities described \nThe democracy promotion activities described in this subsection are as follows: (1) Activities to promote innovation to improve efficiency and smooth functioning in the administration of elections for Federal office and to secure the infrastructure used in the administration of such elections, including making upgrades to voting equipment and voter registration systems, securing voting locations, expanding polling places and the availability of early and mail voting, recruiting and training nonpartisan election officials, and promoting cybersecurity. (2) Activities to ensure equitable access to democracy, including the following: (A) Enabling candidates who seek office in the State to receive payments as participating candidates under title V of the Federal Election Campaign Act of 1971 (as added by subtitle B), but only if the State will enable candidates to receive such payments during an entire election cycle. (B) Operating a Democracy Credit Program under part 1 of subtitle B, but only if the State will operate the program during an entire election cycle. (C) Other activities to ensure equitable access to democracy, including administering a ranked-choice voting system and carrying out Congressional redistricting through independent commissions. (3) Activities to increase access to voting in elections for Federal office by underserved communities, individuals with disabilities, racial and language minority groups, individuals entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act, and voters residing in Indian lands. (c) Permitting States To retain and reserve allocations for future use \nA State may retain and reserve an allocation received for a fiscal year to carry out democracy promotion activities in any subsequent fiscal year. (d) Requiring submission and approval of State plan \n(1) In general \nA State shall receive an allocation under the Program for a fiscal year if— (A) not later than 90 days before the first day of the fiscal year, the chief State election official of the State submits to the Director the State plan described in section 8002; and (B) not later than 45 days before the first day of the fiscal year, the Director, in consultation with the Election Assistance Commission and the Federal Election Commission as described in paragraph (3), determines that the State plan will enable the State to carry out democracy promotion activities and approves the plan. (2) Submission and approval of revised plan \nIf the Director does not approve the State plan as submitted by the State under paragraph (1) with respect to a fiscal year, the State shall receive a payment under the Program for the fiscal year if, at any time prior to the end of the fiscal year— (A) the chief State election official of the State submits a revised version of the State plan; and (B) the Director, in consultation with the Election Assistance Commission and the Federal Election Commission as described in paragraph (3), determines that the revised version of the State plan will enable the State to carry out democracy promotion activities and approves the plan. (3) Election Assistance Commission and Federal Election Commission consultation \nWith respect to a State plan submitted under paragraph (1) or a revised plan submitted under paragraph (2)— (A) the Director shall, prior to making a determination on approval of the plan, consult with the Election Assistance Commission with respect to the proposed State activities described in subsection (b)(1) and with the Federal Election Commission with respect to the proposed State activities described in subsection (b)(2)(A) and (b)(2)(B); and (B) the Election Assistance Commission and the Federal Election Commission shall submit to the Director a written assessment with respect to whether the proposed activities of the plan satisfy the requirements of this Act. (4) Consultation with legislature \nThe chief State election official of the State shall develop the State plan submitted under paragraph (1) and the revised plan submitted under paragraph (2) in consultation with the majority party and minority party leaders of each house of the State legislature. (e) State report on use of allocations \nNot later than 90 days after the last day of a fiscal year for which an allocation was made to the State under the Program, the chief State election official of the State shall submit a report to the Director describing how the State used the allocation, including a description of the democracy promotion activities the State carried out with the allocation. (f) Public availability of information \n(1) Publicly available website \nThe Director shall make available on a publicly accessible website the following: (A) State plans submitted under paragraph (1) of subsection (d) and revised plans submitted under paragraph (2) of subsection (d). (B) The Director’s notifications of determinations with respect to such plans under subsection (d). (C) Reports submitted by States under subsection (e). (2) Redaction \nThe Director may redact information required to be made available under paragraph (1) if the information would be properly withheld from disclosure under section 552 of title 5, United States Code, or if the public disclosure of the information is otherwise prohibited by law. (g) Effective date \nThis section shall apply with respect to fiscal year 2025 and each succeeding fiscal year.", "id": "HF2F28B96BA6149B184594E880208D3E8", "header": "Democracy Advancement and Innovation Program", "nested": [ { "text": "(a) Establishment \nThere is established a program to be known as the Democracy Advancement and Innovation Program under which the Director of the Office of Democracy Advancement and Innovation shall make allocations to each State for each fiscal year to carry out democracy promotion activities described in subsection (b).", "id": "H483374FB0ECC4F578C618C56A5EC862C", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Democracy promotion activities described \nThe democracy promotion activities described in this subsection are as follows: (1) Activities to promote innovation to improve efficiency and smooth functioning in the administration of elections for Federal office and to secure the infrastructure used in the administration of such elections, including making upgrades to voting equipment and voter registration systems, securing voting locations, expanding polling places and the availability of early and mail voting, recruiting and training nonpartisan election officials, and promoting cybersecurity. (2) Activities to ensure equitable access to democracy, including the following: (A) Enabling candidates who seek office in the State to receive payments as participating candidates under title V of the Federal Election Campaign Act of 1971 (as added by subtitle B), but only if the State will enable candidates to receive such payments during an entire election cycle. (B) Operating a Democracy Credit Program under part 1 of subtitle B, but only if the State will operate the program during an entire election cycle. (C) Other activities to ensure equitable access to democracy, including administering a ranked-choice voting system and carrying out Congressional redistricting through independent commissions. (3) Activities to increase access to voting in elections for Federal office by underserved communities, individuals with disabilities, racial and language minority groups, individuals entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act, and voters residing in Indian lands.", "id": "H5487B529D4AA497992F5EC837A7DE50F", "header": "Democracy promotion activities described", "nested": [], "links": [] }, { "text": "(c) Permitting States To retain and reserve allocations for future use \nA State may retain and reserve an allocation received for a fiscal year to carry out democracy promotion activities in any subsequent fiscal year.", "id": "HD2CE1248DE7F4E7E995D42DF3A4E6A27", "header": "Permitting States To retain and reserve allocations for future use", "nested": [], "links": [] }, { "text": "(d) Requiring submission and approval of State plan \n(1) In general \nA State shall receive an allocation under the Program for a fiscal year if— (A) not later than 90 days before the first day of the fiscal year, the chief State election official of the State submits to the Director the State plan described in section 8002; and (B) not later than 45 days before the first day of the fiscal year, the Director, in consultation with the Election Assistance Commission and the Federal Election Commission as described in paragraph (3), determines that the State plan will enable the State to carry out democracy promotion activities and approves the plan. (2) Submission and approval of revised plan \nIf the Director does not approve the State plan as submitted by the State under paragraph (1) with respect to a fiscal year, the State shall receive a payment under the Program for the fiscal year if, at any time prior to the end of the fiscal year— (A) the chief State election official of the State submits a revised version of the State plan; and (B) the Director, in consultation with the Election Assistance Commission and the Federal Election Commission as described in paragraph (3), determines that the revised version of the State plan will enable the State to carry out democracy promotion activities and approves the plan. (3) Election Assistance Commission and Federal Election Commission consultation \nWith respect to a State plan submitted under paragraph (1) or a revised plan submitted under paragraph (2)— (A) the Director shall, prior to making a determination on approval of the plan, consult with the Election Assistance Commission with respect to the proposed State activities described in subsection (b)(1) and with the Federal Election Commission with respect to the proposed State activities described in subsection (b)(2)(A) and (b)(2)(B); and (B) the Election Assistance Commission and the Federal Election Commission shall submit to the Director a written assessment with respect to whether the proposed activities of the plan satisfy the requirements of this Act. (4) Consultation with legislature \nThe chief State election official of the State shall develop the State plan submitted under paragraph (1) and the revised plan submitted under paragraph (2) in consultation with the majority party and minority party leaders of each house of the State legislature.", "id": "HDEA97E9749B14EFAAC1951A19FDE9A3F", "header": "Requiring submission and approval of State plan", "nested": [], "links": [] }, { "text": "(e) State report on use of allocations \nNot later than 90 days after the last day of a fiscal year for which an allocation was made to the State under the Program, the chief State election official of the State shall submit a report to the Director describing how the State used the allocation, including a description of the democracy promotion activities the State carried out with the allocation.", "id": "HE857C19F2EFB4F4987BD16D503AC31D8", "header": "State report on use of allocations", "nested": [], "links": [] }, { "text": "(f) Public availability of information \n(1) Publicly available website \nThe Director shall make available on a publicly accessible website the following: (A) State plans submitted under paragraph (1) of subsection (d) and revised plans submitted under paragraph (2) of subsection (d). (B) The Director’s notifications of determinations with respect to such plans under subsection (d). (C) Reports submitted by States under subsection (e). (2) Redaction \nThe Director may redact information required to be made available under paragraph (1) if the information would be properly withheld from disclosure under section 552 of title 5, United States Code, or if the public disclosure of the information is otherwise prohibited by law.", "id": "H9D1AB2F6142F4493AB8C5D69481CE568", "header": "Public availability of information", "nested": [], "links": [] }, { "text": "(g) Effective date \nThis section shall apply with respect to fiscal year 2025 and each succeeding fiscal year.", "id": "H9FAE1366A7754133BDAA39A9F648226F", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "8002. State plan \n(a) Contents \nA State plan under this section with respect to a State is a plan containing each of the following: (1) A description of the democracy promotion activities the State will carry out with the payment made under the Program. (2) A statement of whether or not the State intends to retain and reserve the payment for future democracy promotion activities. (3) A description of how the State intends to allocate funds to carry out the proposed activities, which shall include the amount the State intends to allocate to each such activity, including (if applicable) a specific allocation for— (A) activities described in subsection 8001(b)(1) (relating to election administration); (B) activities described in section 8001(b)(2)(A) (relating to payments to participating candidates in the State under title V of the Federal Election Campaign Act of 1971), together with the information required under subsection (c); (C) activities described in section 8001(b)(2)(B) (relating to the operation of a Democracy Credit Program under part 1 of subtitle B); (D) activities described in section 8001(b)(2)(C) (relating to other activities to ensure equitable access to democracy); and (E) activities described in section 8001(b)(3) (relating to activities to increase access to voting in elections for Federal office by certain communities). (4) A description of how the State will establish the fund described in subsection (b) for purposes of administering the democracy promotion activities which the State will carry out with the payment, including information on fund management. (5) A description of the State-based administrative complaint procedures established for purposes of section 8003(b). (6) A statement regarding whether the proposed activities to be funded are permitted under State law, or whether the official intends to seek legal authorization for such activities. (b) Requirements for fund \n(1) Fund described \nFor purposes of subsection (a)(4), a fund described in this subsection with respect to a State is a fund which is established in the treasury of the State government, which is used in accordance with paragraph (2), and which consists of the following amounts: (A) Amounts appropriated or otherwise made available by the State for carrying out the democracy promotion activities for which the payment is made to the State under the Program. (B) The payment made to the State under the Program. (C) Such other amounts as may be appropriated under law. (D) Interest earned on deposits of the fund. (2) Use of fund \nAmounts in the fund shall be used by the State exclusively to carry out democracy promotion activities for which the payment is made to the State under the Program. (3) Treatment of States that require changes to state law \nIn the case of a State that requires State legislation to establish the fund described in this subsection, the Director shall defer disbursement of the payment to such State under the Program until such time as legislation establishing the fund is enacted. (c) Specific information on use of funds To enable candidates To participate in matching funds program \nIf the State plan under this section includes an allocation for activities described in section 8001(b)(2)(A) (relating to payments to participating candidates in the State under title V of the Federal Election Campaign Act of 1971), the State shall include in the plan specific information on how the amount of the allocation will enable the State to provide for the viable participation of candidates in the State under such title, including the assumptions made by the State in determining the amount of the allocation.", "id": "H4D1D04C7CC6E42B7A4CD87FEF4EB955E", "header": "State plan", "nested": [ { "text": "(a) Contents \nA State plan under this section with respect to a State is a plan containing each of the following: (1) A description of the democracy promotion activities the State will carry out with the payment made under the Program. (2) A statement of whether or not the State intends to retain and reserve the payment for future democracy promotion activities. (3) A description of how the State intends to allocate funds to carry out the proposed activities, which shall include the amount the State intends to allocate to each such activity, including (if applicable) a specific allocation for— (A) activities described in subsection 8001(b)(1) (relating to election administration); (B) activities described in section 8001(b)(2)(A) (relating to payments to participating candidates in the State under title V of the Federal Election Campaign Act of 1971), together with the information required under subsection (c); (C) activities described in section 8001(b)(2)(B) (relating to the operation of a Democracy Credit Program under part 1 of subtitle B); (D) activities described in section 8001(b)(2)(C) (relating to other activities to ensure equitable access to democracy); and (E) activities described in section 8001(b)(3) (relating to activities to increase access to voting in elections for Federal office by certain communities). (4) A description of how the State will establish the fund described in subsection (b) for purposes of administering the democracy promotion activities which the State will carry out with the payment, including information on fund management. (5) A description of the State-based administrative complaint procedures established for purposes of section 8003(b). (6) A statement regarding whether the proposed activities to be funded are permitted under State law, or whether the official intends to seek legal authorization for such activities.", "id": "HA8FF6219F7E2448F9136D7CCE3A8D8F6", "header": "Contents", "nested": [], "links": [] }, { "text": "(b) Requirements for fund \n(1) Fund described \nFor purposes of subsection (a)(4), a fund described in this subsection with respect to a State is a fund which is established in the treasury of the State government, which is used in accordance with paragraph (2), and which consists of the following amounts: (A) Amounts appropriated or otherwise made available by the State for carrying out the democracy promotion activities for which the payment is made to the State under the Program. (B) The payment made to the State under the Program. (C) Such other amounts as may be appropriated under law. (D) Interest earned on deposits of the fund. (2) Use of fund \nAmounts in the fund shall be used by the State exclusively to carry out democracy promotion activities for which the payment is made to the State under the Program. (3) Treatment of States that require changes to state law \nIn the case of a State that requires State legislation to establish the fund described in this subsection, the Director shall defer disbursement of the payment to such State under the Program until such time as legislation establishing the fund is enacted.", "id": "HE3C34803A70D4A308ECFACAD42C3CCE6", "header": "Requirements for fund", "nested": [], "links": [] }, { "text": "(c) Specific information on use of funds To enable candidates To participate in matching funds program \nIf the State plan under this section includes an allocation for activities described in section 8001(b)(2)(A) (relating to payments to participating candidates in the State under title V of the Federal Election Campaign Act of 1971), the State shall include in the plan specific information on how the amount of the allocation will enable the State to provide for the viable participation of candidates in the State under such title, including the assumptions made by the State in determining the amount of the allocation.", "id": "H62B543D3705A4119A5C3641406EE3C15", "header": "Specific information on use of funds To enable candidates To participate in matching funds program", "nested": [], "links": [] } ], "links": [] }, { "text": "8003. Prohibiting reduction in access to participation in elections \n(a) Prohibiting use of payments \nA State may not use a payment made under the Program to carry out any activity which has the purpose or effect of diminishing the ability of any citizen of the United States to participate in the electoral process. (b) State-Based administrative complaint procedures \n(1) Establishment \nA State receiving a payment under the Program shall establish uniform and nondiscriminatory State-based administrative complaint procedures under which any person who believes that a violation of subsection (a) has occurred, is occurring, or is about to occur may file a complaint. (2) Notification to Director \nThe State shall transmit to the Director a description of each complaint filed under the procedures, together with— (A) if the State provides a remedy with respect to the complaint, a description of the remedy; or (B) if the State dismisses the complaint, a statement of the reasons for the dismissal. (3) Review by Director \n(A) Request for review \nAny person who is dissatisfied with the final decision under a State-based administrative complaint procedure under this subsection may, not later than 60 days after the decision is made, file a request with the Director to review the decision. (B) Action by Director \nUpon receiving a request under subparagraph (A), the Director shall review the decision and, in accordance with such procedures as the Director may establish, including procedures to provide notice and an opportunity for a hearing, may uphold the decision or reverse the decision and provide an appropriate remedy. (C) Public availability of material \nThe Director shall make available on a publicly accessible website all material relating to a request for review and determination by the Director under this paragraph, shall be made available on a publicly accessible website, except that the Director may redact material required to be made available under this subparagraph if the material would be properly withheld from disclosure under section 552 of title 5, United States Code, or if the public disclosure of the material is otherwise prohibited by law. (4) Right to petition for review \n(A) In general \nAny person aggrieved by an action of the Director under subparagraph (B) of paragraph (3) may file a petition with the United States District Court for the District of Columbia. (B) Deadline to file petition \nAny petition under this subparagraph shall be filed not later than 60 days after the date of the action taken by the Director under subparagraph (B) of paragraph (3). (C) Standard of review \nIn any proceeding under this paragraph, the court shall determine whether the action of the Director was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law under section 706 of title 5, United States Code, and may direct the Office to conform with any such determination within 30 days. (c) Action by Attorney General for declaratory and injunctive relief \nThe Attorney General may bring a civil action against any State in an appropriate United States District Court for such declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other order) as may be necessary to enforce subsection (a).", "id": "H7668F99362094A3E8E111EA628B583EA", "header": "Prohibiting reduction in access to participation in elections", "nested": [ { "text": "(a) Prohibiting use of payments \nA State may not use a payment made under the Program to carry out any activity which has the purpose or effect of diminishing the ability of any citizen of the United States to participate in the electoral process.", "id": "H5B372B8DEF934A35B7A8CD931C6BB31F", "header": "Prohibiting use of payments", "nested": [], "links": [] }, { "text": "(b) State-Based administrative complaint procedures \n(1) Establishment \nA State receiving a payment under the Program shall establish uniform and nondiscriminatory State-based administrative complaint procedures under which any person who believes that a violation of subsection (a) has occurred, is occurring, or is about to occur may file a complaint. (2) Notification to Director \nThe State shall transmit to the Director a description of each complaint filed under the procedures, together with— (A) if the State provides a remedy with respect to the complaint, a description of the remedy; or (B) if the State dismisses the complaint, a statement of the reasons for the dismissal. (3) Review by Director \n(A) Request for review \nAny person who is dissatisfied with the final decision under a State-based administrative complaint procedure under this subsection may, not later than 60 days after the decision is made, file a request with the Director to review the decision. (B) Action by Director \nUpon receiving a request under subparagraph (A), the Director shall review the decision and, in accordance with such procedures as the Director may establish, including procedures to provide notice and an opportunity for a hearing, may uphold the decision or reverse the decision and provide an appropriate remedy. (C) Public availability of material \nThe Director shall make available on a publicly accessible website all material relating to a request for review and determination by the Director under this paragraph, shall be made available on a publicly accessible website, except that the Director may redact material required to be made available under this subparagraph if the material would be properly withheld from disclosure under section 552 of title 5, United States Code, or if the public disclosure of the material is otherwise prohibited by law. (4) Right to petition for review \n(A) In general \nAny person aggrieved by an action of the Director under subparagraph (B) of paragraph (3) may file a petition with the United States District Court for the District of Columbia. (B) Deadline to file petition \nAny petition under this subparagraph shall be filed not later than 60 days after the date of the action taken by the Director under subparagraph (B) of paragraph (3). (C) Standard of review \nIn any proceeding under this paragraph, the court shall determine whether the action of the Director was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law under section 706 of title 5, United States Code, and may direct the Office to conform with any such determination within 30 days.", "id": "HB311A0C89C9346FFB7C36D487B511F26", "header": "State-Based administrative complaint procedures", "nested": [], "links": [] }, { "text": "(c) Action by Attorney General for declaratory and injunctive relief \nThe Attorney General may bring a civil action against any State in an appropriate United States District Court for such declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other order) as may be necessary to enforce subsection (a).", "id": "HF168C868CE0D419BA07E6AABA86F3B0E", "header": "Action by Attorney General for declaratory and injunctive relief", "nested": [], "links": [] } ], "links": [] }, { "text": "8004. Amount of State allocation \n(a) State-Specific amount \nThe amount of the allocation made to a State under the Program for a fiscal year shall be equal to the product of— (1) the Congressional district allocation amount (determined under subsection (b)); and (2) the number of Congressional districts in the State for the next regularly scheduled general election for Federal office held in the State. (b) Congressional district allocation amount \nFor purposes of subsection (a), the Congressional district allocation amount with respect to a fiscal year is equal to the quotient of— (1) the aggregate amount available for allocations to States under the Program for the fiscal year, as determined by the Director under subsection (c); divided by (2) the total number of Congressional districts in all States. (c) Determination of aggregate amount available for allocations; notification to States \nNot later than 120 days before the first day of each fiscal year, the Director— (1) shall, in accordance with section 8012, determine and establish the aggregate amount available for allocations to States under the Program for the fiscal year; and (2) shall notify each State of the amount of the State’s allocation under the Program for the fiscal year. (d) Source of payments \nThe amounts used to make allocations and payments under the Program shall be derived solely from the Trust Fund.", "id": "H21DD085C848C42409E537C13963B1B54", "header": "Amount of State allocation", "nested": [ { "text": "(a) State-Specific amount \nThe amount of the allocation made to a State under the Program for a fiscal year shall be equal to the product of— (1) the Congressional district allocation amount (determined under subsection (b)); and (2) the number of Congressional districts in the State for the next regularly scheduled general election for Federal office held in the State.", "id": "HCDEEEA216A34469A9E892B818EFC0440", "header": "State-Specific amount", "nested": [], "links": [] }, { "text": "(b) Congressional district allocation amount \nFor purposes of subsection (a), the Congressional district allocation amount with respect to a fiscal year is equal to the quotient of— (1) the aggregate amount available for allocations to States under the Program for the fiscal year, as determined by the Director under subsection (c); divided by (2) the total number of Congressional districts in all States.", "id": "HE4C365DA06AA4975BEBFB87C07B9417D", "header": "Congressional district allocation amount", "nested": [], "links": [] }, { "text": "(c) Determination of aggregate amount available for allocations; notification to States \nNot later than 120 days before the first day of each fiscal year, the Director— (1) shall, in accordance with section 8012, determine and establish the aggregate amount available for allocations to States under the Program for the fiscal year; and (2) shall notify each State of the amount of the State’s allocation under the Program for the fiscal year.", "id": "HE1A8AFCDD7B7429D9E5A653BA297A729", "header": "Determination of aggregate amount available for allocations; notification to States", "nested": [], "links": [] }, { "text": "(d) Source of payments \nThe amounts used to make allocations and payments under the Program shall be derived solely from the Trust Fund.", "id": "H01A5596A1306453496EE56B9FE657911", "header": "Source of payments", "nested": [], "links": [] } ], "links": [] }, { "text": "8005. Procedures for disbursements of payments and allocations \n(a) Direct payments to States for certain activities under State plan \n(1) Direct payment \nIf the approved State plan of a State includes activities for which allocations are not made under subsections (b), (c), or (d), upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to disburse amounts from the Trust Fund for payment to the State in the aggregate amount provided under the plan for such activities. (2) Timing \nAs soon as practicable after the Director directs the Secretary of the Treasury to disburse amounts for payment to a State under paragraph (1), the Secretary of the Treasury shall make the payment to the State under such paragraph. (3) Continuing availability of funds after appropriation \nA payment made to a State under this subsection shall be available without fiscal year limitation. (b) Allocation to Election Assistance Commission for payments to States for certain election administration activities \n(1) Allocation \nIf the approved State plan of a State includes activities described in section 8001(b)(1), upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to allocate to the Election Assistance Commission the amount provided for such activities under the plan. (2) Payment to State \nAs soon as practicable after receiving an allocation under paragraph (1) with respect to a State, the Election Assistance Commission shall make a payment to the State in the amount of the State’s allocation. (3) Continuing availability of funds after appropriation \nA payment made to a State by the Election Assistance Commission under this subsection shall be available without fiscal year limitation. (c) Allocation to Federal Election Commission for payments to participating candidates from State \nIf the approved State plan of a State includes activities described in section 8001(b)(2)(A), relating to payments to participating candidates in the State under title V of the Federal Election Campaign Act of 1971, upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to allocate to the Federal Election Commission the amount provided for such activities under the plan. (d) Allocation to Federal Election Commission for payments for Democracy Credit Program \nIf the approved State plan of a State includes activities described in section 8001(b)(2)(B), relating to payments to the State for the operation of a Democracy Credit Program under part 1 of subtitle B, upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to allocate to the Federal Election Commission the amount provided for such activities under the plan. (e) Certain payments made directly to local election administrators \nUnder rules established by the Director not later than 270 days after the date of the enactment of this Act, portions of amounts disbursed to States by the Secretary of the Treasury under subsection (a) and payments made to States by the Election Assistance Commission under subsection (b) may be provided directly to local election administrators carrying out activities in the State plan which may be carried out with such amounts and payments.", "id": "H28F9B8E7A450437BA3BDC93193804CAB", "header": "Procedures for disbursements of payments and allocations", "nested": [ { "text": "(a) Direct payments to States for certain activities under State plan \n(1) Direct payment \nIf the approved State plan of a State includes activities for which allocations are not made under subsections (b), (c), or (d), upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to disburse amounts from the Trust Fund for payment to the State in the aggregate amount provided under the plan for such activities. (2) Timing \nAs soon as practicable after the Director directs the Secretary of the Treasury to disburse amounts for payment to a State under paragraph (1), the Secretary of the Treasury shall make the payment to the State under such paragraph. (3) Continuing availability of funds after appropriation \nA payment made to a State under this subsection shall be available without fiscal year limitation.", "id": "HC28B930CFDD5452B8F61CAE691E93B4B", "header": "Direct payments to States for certain activities under State plan", "nested": [], "links": [] }, { "text": "(b) Allocation to Election Assistance Commission for payments to States for certain election administration activities \n(1) Allocation \nIf the approved State plan of a State includes activities described in section 8001(b)(1), upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to allocate to the Election Assistance Commission the amount provided for such activities under the plan. (2) Payment to State \nAs soon as practicable after receiving an allocation under paragraph (1) with respect to a State, the Election Assistance Commission shall make a payment to the State in the amount of the State’s allocation. (3) Continuing availability of funds after appropriation \nA payment made to a State by the Election Assistance Commission under this subsection shall be available without fiscal year limitation.", "id": "HE1018335618449088145070C8ED2537F", "header": "Allocation to Election Assistance Commission for payments to States for certain election administration activities", "nested": [], "links": [] }, { "text": "(c) Allocation to Federal Election Commission for payments to participating candidates from State \nIf the approved State plan of a State includes activities described in section 8001(b)(2)(A), relating to payments to participating candidates in the State under title V of the Federal Election Campaign Act of 1971, upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to allocate to the Federal Election Commission the amount provided for such activities under the plan.", "id": "H7968B2935402417884CAE963F09EE992", "header": "Allocation to Federal Election Commission for payments to participating candidates from State", "nested": [], "links": [] }, { "text": "(d) Allocation to Federal Election Commission for payments for Democracy Credit Program \nIf the approved State plan of a State includes activities described in section 8001(b)(2)(B), relating to payments to the State for the operation of a Democracy Credit Program under part 1 of subtitle B, upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to allocate to the Federal Election Commission the amount provided for such activities under the plan.", "id": "H4135215F246F4872B999901D4FF20E22", "header": "Allocation to Federal Election Commission for payments for Democracy Credit Program", "nested": [], "links": [] }, { "text": "(e) Certain payments made directly to local election administrators \nUnder rules established by the Director not later than 270 days after the date of the enactment of this Act, portions of amounts disbursed to States by the Secretary of the Treasury under subsection (a) and payments made to States by the Election Assistance Commission under subsection (b) may be provided directly to local election administrators carrying out activities in the State plan which may be carried out with such amounts and payments.", "id": "H39AB528AA8B64C309CEB0B5477B45DCE", "header": "Certain payments made directly to local election administrators", "nested": [], "links": [] } ], "links": [] }, { "text": "8006. Office of Democracy Advancement and Innovation \n(a) Establishment \nThere is established as an independent establishment in the executive branch the Office of Democracy Advancement and Innovation. (b) Director \n(1) In general \nThe Office shall be headed by a Director, who shall be appointed by the President with the advice and consent of the Senate. (2) Term of service \nThe Director shall serve for a term of 6 years and may be reappointed to an additional term, and may continue serving as Director until a replacement is appointed. A vacancy in the position of Director shall be filled in the same manner as the original appointment. (3) Compensation \nThe Director shall be paid at an annual rate of pay equal to the annual rate in effect for level II of the Executive Schedule. (4) Removal \nThe Director may be removed from office by the President. If the President removes the Director, the President shall communicate in writing the reasons for the removal to both Houses of Congress not later than 30 days beforehand. Nothing in this paragraph shall be construed to prohibit a personnel action otherwise authorized by law. (c) General counsel and other staff \n(1) General counsel \nThe Director shall appoint a general counsel who shall be paid at an annual rate of pay equal to the annual rate in effect for level III of the Executive Schedule. In the event of a vacancy in the position of the Director, the General Counsel shall exercise all the responsibilities of the Director until such vacancy is filled. (2) Senior staff \nThe Director may appoint and fix the pay of staff designated as Senior staff, such as a Deputy Director, who may be paid at an annual rate of pay equal to the annual rate in effect for level IV of the Executive Schedule. (3) Other staff \nIn addition to the General Counsel and Senior staff, the Director may appoint and fix the pay of such other staff as the Director considers necessary to carry out the duties of the Office, except that no such staff may be compensated at an annual rate exceeding the daily equivalent of the annual rate of basic pay in effect for grade GS–15 of the General Schedule. (d) Duties \nThe duties of the Office are as follows: (1) Administration of Program \nThe Director shall administer the Program, in consultation with the Election Assistance Commission and the Federal Election Commission, including by holding quarterly meetings of representatives from such Commissions. (2) Oversight of Trust Fund \nThe Director shall oversee the operation of the Trust Fund and monitor its balances, in consultation with the Secretary of the Treasury. The Director may hold funds in reserve to cover the expenses of the Office and to preserve the solvency of the Trust Fund. (3) Reports \nNot later than 180 days after the date of the regularly scheduled general election for Federal office held in 2026 and each succeeding regularly scheduled general election for Federal office thereafter, the Director shall submit to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate a report on the activities carried out under the Program and the amounts deposited into and paid from the Trust Fund during the two most recent fiscal years. (e) Coverage under Inspector General Act of 1978 for conducting audits and investigations \n(1) In general \nSection 415(a)(1)(A) of title 5, United States Code, is amended by inserting the Office of Democracy Advancement and Innovation, after Election Assistance Commission,. (2) Effective date \nThe amendment made by paragraph (1) shall take effect 180 days after the appointment of the Director. (f) Coverage under Hatch Act \nClause (i) of section 7323(b)(2)(B) of title 5, United States Code, is amended— (1) by striking or at the end of subclause (XIII); and (2) by adding at the end the following new subclause: (XV) the Office of Democracy Advancement and Innovation; or. (g) Regulations \n(1) In general \nExcept as provided in paragraph (2), not later than 270 days after the date of enactment of this Act, the Director shall promulgate such rules and regulations as the Director considers necessary and appropriate to carry out the duties of the Office under this Act and the amendments made by this Act. (2) State plan submission and approval and distribution of funds \nNot later than 90 days after the date of the enactment of this Act, the Director shall promulgate such rules and regulations as the Director considers necessary and appropriate to carry out the requirements of this part and the amendments made by this part. (3) Comments by the Election Assistance Commission and the Federal Election Commission \nThe Election Assistance Commission and the Federal Election Assistance shall timely submit comments with respect to any proposed regulations promulgated by the Director under this subsection. (h) Interim authority pending appointment and confirmation of Director \n(1) Authority of Director of Office of Management and Budget \nNotwithstanding subsection (b), during the transition period, the Director of the Office of Management and Budget is authorized to perform the functions of the Office under this title, and shall act for all purposes as, and with the full powers of, the Director. (2) Interim administrative services \n(A) Authority of Office of Management and Budget \nDuring the transition period, the Director of the Office of Management and Budget may provide administrative services necessary to support the Office. (B) Termination of authority; permitting extension \nThe Director of the Office of Management and Budget shall cease providing interim administrative services under this paragraph upon the expiration of the transition period, except that the Director of the Office of Management and Budget may continue to provide such services after the expiration of the transition period if the Director and the Director of the Office of Management and Budget jointly transmit to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate— (i) a written determination that an orderly implementation of this title is not feasible by the expiration of the transition period; (ii) an explanation of why an extension is necessary for the orderly implementation of this title; (iii) a description of the period during which the Director of the Office of Management and Budget shall continue providing services under the authority of this subparagraph; and (iv) a description of the steps that will be taken to ensure an orderly and timely implementation of this title during the period described in clause (iii). (3) Transition period defined \nIn this subsection, the transition period is the period which begins on the date of the enactment of this Act and ends on the date on which the Director is appointed and confirmed. (4) Limit on length of period of interim authorities \nNotwithstanding any other provision of this subsection, the Director of the Office of Management and Budget may not exercise any authority under this subsection after the expiration of the 24-month period which begins on the date of the enactment of this Act. (i) Authorization of appropriations \nThere are authorized to be appropriated from the Trust Fund such sums as may be necessary to carry out the activities of the Office for fiscal year 2025 and each succeeding fiscal year.", "id": "H8DFD7800230C408D8BB02E752FFF2EAE", "header": "Office of Democracy Advancement and Innovation", "nested": [ { "text": "(a) Establishment \nThere is established as an independent establishment in the executive branch the Office of Democracy Advancement and Innovation.", "id": "H00C9A258758649E091B8AF8D976C727B", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Director \n(1) In general \nThe Office shall be headed by a Director, who shall be appointed by the President with the advice and consent of the Senate. (2) Term of service \nThe Director shall serve for a term of 6 years and may be reappointed to an additional term, and may continue serving as Director until a replacement is appointed. A vacancy in the position of Director shall be filled in the same manner as the original appointment. (3) Compensation \nThe Director shall be paid at an annual rate of pay equal to the annual rate in effect for level II of the Executive Schedule. (4) Removal \nThe Director may be removed from office by the President. If the President removes the Director, the President shall communicate in writing the reasons for the removal to both Houses of Congress not later than 30 days beforehand. Nothing in this paragraph shall be construed to prohibit a personnel action otherwise authorized by law.", "id": "H0144F3C67C9741C5BF80D057AF08667F", "header": "Director", "nested": [], "links": [] }, { "text": "(c) General counsel and other staff \n(1) General counsel \nThe Director shall appoint a general counsel who shall be paid at an annual rate of pay equal to the annual rate in effect for level III of the Executive Schedule. In the event of a vacancy in the position of the Director, the General Counsel shall exercise all the responsibilities of the Director until such vacancy is filled. (2) Senior staff \nThe Director may appoint and fix the pay of staff designated as Senior staff, such as a Deputy Director, who may be paid at an annual rate of pay equal to the annual rate in effect for level IV of the Executive Schedule. (3) Other staff \nIn addition to the General Counsel and Senior staff, the Director may appoint and fix the pay of such other staff as the Director considers necessary to carry out the duties of the Office, except that no such staff may be compensated at an annual rate exceeding the daily equivalent of the annual rate of basic pay in effect for grade GS–15 of the General Schedule.", "id": "HC0E7731D7F404416ACFE5EF3539E1545", "header": "General counsel and other staff", "nested": [], "links": [] }, { "text": "(d) Duties \nThe duties of the Office are as follows: (1) Administration of Program \nThe Director shall administer the Program, in consultation with the Election Assistance Commission and the Federal Election Commission, including by holding quarterly meetings of representatives from such Commissions. (2) Oversight of Trust Fund \nThe Director shall oversee the operation of the Trust Fund and monitor its balances, in consultation with the Secretary of the Treasury. The Director may hold funds in reserve to cover the expenses of the Office and to preserve the solvency of the Trust Fund. (3) Reports \nNot later than 180 days after the date of the regularly scheduled general election for Federal office held in 2026 and each succeeding regularly scheduled general election for Federal office thereafter, the Director shall submit to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate a report on the activities carried out under the Program and the amounts deposited into and paid from the Trust Fund during the two most recent fiscal years.", "id": "H0A98E3C545C142F89D259AC521C754F3", "header": "Duties", "nested": [], "links": [] }, { "text": "(e) Coverage under Inspector General Act of 1978 for conducting audits and investigations \n(1) In general \nSection 415(a)(1)(A) of title 5, United States Code, is amended by inserting the Office of Democracy Advancement and Innovation, after Election Assistance Commission,. (2) Effective date \nThe amendment made by paragraph (1) shall take effect 180 days after the appointment of the Director.", "id": "H717ED880354644F3B013B542D01A326E", "header": "Coverage under Inspector General Act of 1978 for conducting audits and investigations", "nested": [], "links": [] }, { "text": "(f) Coverage under Hatch Act \nClause (i) of section 7323(b)(2)(B) of title 5, United States Code, is amended— (1) by striking or at the end of subclause (XIII); and (2) by adding at the end the following new subclause: (XV) the Office of Democracy Advancement and Innovation; or.", "id": "HECEFF577E2B8456BA361F75CA11108ED", "header": "Coverage under Hatch Act", "nested": [], "links": [] }, { "text": "(g) Regulations \n(1) In general \nExcept as provided in paragraph (2), not later than 270 days after the date of enactment of this Act, the Director shall promulgate such rules and regulations as the Director considers necessary and appropriate to carry out the duties of the Office under this Act and the amendments made by this Act. (2) State plan submission and approval and distribution of funds \nNot later than 90 days after the date of the enactment of this Act, the Director shall promulgate such rules and regulations as the Director considers necessary and appropriate to carry out the requirements of this part and the amendments made by this part. (3) Comments by the Election Assistance Commission and the Federal Election Commission \nThe Election Assistance Commission and the Federal Election Assistance shall timely submit comments with respect to any proposed regulations promulgated by the Director under this subsection.", "id": "H4D62C067ACC54766BC9F3A7A7F84A884", "header": "Regulations", "nested": [], "links": [] }, { "text": "(h) Interim authority pending appointment and confirmation of Director \n(1) Authority of Director of Office of Management and Budget \nNotwithstanding subsection (b), during the transition period, the Director of the Office of Management and Budget is authorized to perform the functions of the Office under this title, and shall act for all purposes as, and with the full powers of, the Director. (2) Interim administrative services \n(A) Authority of Office of Management and Budget \nDuring the transition period, the Director of the Office of Management and Budget may provide administrative services necessary to support the Office. (B) Termination of authority; permitting extension \nThe Director of the Office of Management and Budget shall cease providing interim administrative services under this paragraph upon the expiration of the transition period, except that the Director of the Office of Management and Budget may continue to provide such services after the expiration of the transition period if the Director and the Director of the Office of Management and Budget jointly transmit to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate— (i) a written determination that an orderly implementation of this title is not feasible by the expiration of the transition period; (ii) an explanation of why an extension is necessary for the orderly implementation of this title; (iii) a description of the period during which the Director of the Office of Management and Budget shall continue providing services under the authority of this subparagraph; and (iv) a description of the steps that will be taken to ensure an orderly and timely implementation of this title during the period described in clause (iii). (3) Transition period defined \nIn this subsection, the transition period is the period which begins on the date of the enactment of this Act and ends on the date on which the Director is appointed and confirmed. (4) Limit on length of period of interim authorities \nNotwithstanding any other provision of this subsection, the Director of the Office of Management and Budget may not exercise any authority under this subsection after the expiration of the 24-month period which begins on the date of the enactment of this Act.", "id": "H03F5799447734D2F9AEA629F75170341", "header": "Interim authority pending appointment and confirmation of Director", "nested": [], "links": [] }, { "text": "(i) Authorization of appropriations \nThere are authorized to be appropriated from the Trust Fund such sums as may be necessary to carry out the activities of the Office for fiscal year 2025 and each succeeding fiscal year.", "id": "HB76255B0BEC142D1A2924FD66FA2F07A", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "8011. State Election Assistance and Innovation Trust Fund \n(a) Establishment \nThere is established in the Treasury a fund to be known as the State Election Assistance and Innovation Trust Fund. (b) Sense of the Senate regarding funding \nIt is the sense of the Senate that— (1) no taxpayer funds should be used in funding this title; and (2) the Trust Fund should consist of— (A) assessments against certain fines, penalties, and settlements as a result of corporate malfeasance; and (B) any gifts or bequests for deposit into the Trust Fund.", "id": "H0E062D49DCAE462DB5DC937320A47117", "header": "State Election Assistance and Innovation Trust Fund", "nested": [ { "text": "(a) Establishment \nThere is established in the Treasury a fund to be known as the State Election Assistance and Innovation Trust Fund.", "id": "HD4BB627E9662404BB38005DB4B86AE1A", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Sense of the Senate regarding funding \nIt is the sense of the Senate that— (1) no taxpayer funds should be used in funding this title; and (2) the Trust Fund should consist of— (A) assessments against certain fines, penalties, and settlements as a result of corporate malfeasance; and (B) any gifts or bequests for deposit into the Trust Fund.", "id": "H0E19CE810DA843309C527CFBF3080A89", "header": "Sense of the Senate regarding funding", "nested": [], "links": [] } ], "links": [] }, { "text": "8012. Uses of Fund \n(a) Payments and allocations described \nFor each fiscal year, amounts in the Fund shall be used as follows: (1) Payments to States under the Program, as described in section 8005(a). (2) Allocations to the Election Assistance Commission, to be used for payments for certain election administration activities, as described in section 8005(b). (3) Allocations to the Federal Election Commission, to be used for payments to participating candidates under title V of the Federal Election Campaign Act of 1971, as described in section 8005(c). (4) Allocations to the Federal Election Commission, to be used for payments to States operating a Democracy Credit Program under part 1 of subtitle B, as described in section 8005(d). (b) Determination of aggregate amount of State allocations \nThe Director shall determine and establish the aggregate amount of State allocations for each fiscal year, taking into account the anticipated balances of the Trust Fund. In carrying out this subsection, the Director shall consult with the Federal Election Commission and the Election Assistance Commission, but shall be solely responsible for making the final determinations under this subsection.", "id": "H1962212C0FC8403E89EFEB9E1A063631", "header": "Uses of Fund", "nested": [ { "text": "(a) Payments and allocations described \nFor each fiscal year, amounts in the Fund shall be used as follows: (1) Payments to States under the Program, as described in section 8005(a). (2) Allocations to the Election Assistance Commission, to be used for payments for certain election administration activities, as described in section 8005(b). (3) Allocations to the Federal Election Commission, to be used for payments to participating candidates under title V of the Federal Election Campaign Act of 1971, as described in section 8005(c). (4) Allocations to the Federal Election Commission, to be used for payments to States operating a Democracy Credit Program under part 1 of subtitle B, as described in section 8005(d).", "id": "H8C8221E5C8794B978036666ECA96EAA1", "header": "Payments and allocations described", "nested": [], "links": [] }, { "text": "(b) Determination of aggregate amount of State allocations \nThe Director shall determine and establish the aggregate amount of State allocations for each fiscal year, taking into account the anticipated balances of the Trust Fund. In carrying out this subsection, the Director shall consult with the Federal Election Commission and the Election Assistance Commission, but shall be solely responsible for making the final determinations under this subsection.", "id": "HEBEAE101C72748C897E4F0145FF6A79D", "header": "Determination of aggregate amount of State allocations", "nested": [], "links": [] } ], "links": [] }, { "text": "8021. Definitions \nIn this subtitle, the following definitions apply: (1) The term chief State election official has the meaning given such term in section 253(e) of the Help America Vote Act of 2002 ( 52 U.S.C. 21003(e) ). (2) The term Director means the Director of the Office. (3) The term election cycle means the period beginning on the day after the date of the most recent regularly scheduled general election for Federal office and ending on the date of the next regularly scheduled general election for Federal office. (4) The term Indian lands includes— (A) Indian country, as defined under section 1151 of title 18, United States Code; (B) any land in Alaska owned, pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), by an Indian Tribe that is a Native village (as defined in section 3 of that Act ( 43 U.S.C. 1602 )) or by a Village Corporation that is associated with an Indian Tribe (as defined in section 3 of that Act ( 43 U.S.C. 1602 )); (C) any land on which the seat of the Tribal government is located; and (D) any land that is part or all of a Tribal designated statistical area associated with an Indian Tribe, or is part or all of an Alaska Native village statistical area associated with an Indian Tribe, as defined by the Census Bureau for the purposes of the most recent decennial census. (5) The term Office means the Office of Democracy Advancement and Innovation established under section 8005. (6) The term Program means the Democracy Advancement and Innovation Program established under section 8001. (7) The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (8) The term Trust Fund means the State Election Assistance and Innovation Trust Fund established under section 8011.", "id": "HD0F2656369604570B6DB968E7AB12028", "header": "Definitions", "nested": [], "links": [ { "text": "52 U.S.C. 21003(e)", "legal-doc": "usc", "parsable-cite": "usc/52/21003" }, { "text": "43 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1601" }, { "text": "43 U.S.C. 1602", "legal-doc": "usc", "parsable-cite": "usc/43/1602" }, { "text": "43 U.S.C. 1602", "legal-doc": "usc", "parsable-cite": "usc/43/1602" } ] }, { "text": "8022. Rule of construction regarding calculation of deadlines \n(a) In general \nWith respect to the calculation of any period of time for the purposes of a deadline in this subtitle, the last day of the period shall be included in such calculation, unless such day is a Saturday, a Sunday, or a legal public holiday, in which case the period of such deadline shall be extended until the end of the next day which is not a Saturday, a Sunday, a legal public holiday. (b) Legal public holiday defined \nFor the purposes of this section, the term legal public holiday means a day described in section 6103(a) of title 5, United States Code.", "id": "H769E32485A74487FB74AE3DE7514E470", "header": "Rule of construction regarding calculation of deadlines", "nested": [ { "text": "(a) In general \nWith respect to the calculation of any period of time for the purposes of a deadline in this subtitle, the last day of the period shall be included in such calculation, unless such day is a Saturday, a Sunday, or a legal public holiday, in which case the period of such deadline shall be extended until the end of the next day which is not a Saturday, a Sunday, a legal public holiday.", "id": "HE04A1BBD4B9E493CB64201675DFFCD03", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Legal public holiday defined \nFor the purposes of this section, the term legal public holiday means a day described in section 6103(a) of title 5, United States Code.", "id": "HB5B70A2745F64298B1E3F3C2E75EBA48", "header": "Legal public holiday defined", "nested": [], "links": [] } ], "links": [] }, { "text": "8101. Short title \nThis subtitle may be cited as the Government By the People Act of 2023.", "id": "HF1196708417E493BA292FE1080479495", "header": "Short title", "nested": [], "links": [] }, { "text": "8102. Establishment of program \n(a) Establishment \nThe Federal Election Commission (hereafter in this part referred to as the Commission ) shall establish a program under which the Commission shall make payments to States to operate a credit program which is described in section 8103 during an election cycle. (b) Requirements for program \nA State is eligible to operate a credit program under this part with respect to an election cycle if, not later than 120 days before the cycle begins, the State submits to the Commission a statement containing— (1) information and assurances that the State will operate a credit program which contains the elements described in section 8103(a); (2) information and assurances that the State will establish fraud prevention mechanisms described in section 8103(b); (3) information and assurances that the State will establish a commission to oversee and implement the program as described in section 8103(c); (4) information and assurances that the State will carry out a public information campaign as described in section 8103(d); (5) information and assurances that the State will submit reports as required under section 8104; (6) information and assurances that, not later than 60 days before the beginning of the cycle, the State will complete any actions necessary to operate the program during the cycle; and (7) such other information and assurances as the Commission may require. (c) Reimbursement of Costs \n(1) Reimbursement \nUpon receiving the report submitted by a State under section 8104(a) with respect to an election cycle, the Commission shall transmit a payment to the State in an amount equal to the reasonable costs incurred by the State in operating the credit program under this part during the cycle. (2) Source of funds \nPayments to a State under the program shall be made using amounts allocated to the Commission for purposes of making payments under this part with respect to the State from the State Election Assistance and Innovation Trust Fund (hereafter referred to as the Fund ) under section 8012, in the amount allocated with respect to the State under section 8005(d). (3) Cap on amount of payment \nThe aggregate amount of payments made to any State with respect to two consecutive election cycles period may not exceed $10,000,000. If the State determines that the maximum payment amount under this paragraph with respect to such cycles is not, or may not be, sufficient to cover the reasonable costs incurred by the State in operating the program under this part for such cycles, the State shall reduce the amount of the credit provided to each qualified individual by such pro rata amount as may be necessary to ensure that the reasonable costs incurred by the State in operating the program will not exceed the amount paid to the State with respect to such cycles. (d) Continuing availability of funds after appropriation \nA payment made to a State under this part shall be available without fiscal year limitation.", "id": "H983BAF4DB6B74303A13466F9675A61AC", "header": "Establishment of program", "nested": [ { "text": "(a) Establishment \nThe Federal Election Commission (hereafter in this part referred to as the Commission ) shall establish a program under which the Commission shall make payments to States to operate a credit program which is described in section 8103 during an election cycle.", "id": "H13E982DBF2D544CFA21D09C790C6129A", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Requirements for program \nA State is eligible to operate a credit program under this part with respect to an election cycle if, not later than 120 days before the cycle begins, the State submits to the Commission a statement containing— (1) information and assurances that the State will operate a credit program which contains the elements described in section 8103(a); (2) information and assurances that the State will establish fraud prevention mechanisms described in section 8103(b); (3) information and assurances that the State will establish a commission to oversee and implement the program as described in section 8103(c); (4) information and assurances that the State will carry out a public information campaign as described in section 8103(d); (5) information and assurances that the State will submit reports as required under section 8104; (6) information and assurances that, not later than 60 days before the beginning of the cycle, the State will complete any actions necessary to operate the program during the cycle; and (7) such other information and assurances as the Commission may require.", "id": "H325B840FF28B4BA2B0E784E181720699", "header": "Requirements for program", "nested": [], "links": [] }, { "text": "(c) Reimbursement of Costs \n(1) Reimbursement \nUpon receiving the report submitted by a State under section 8104(a) with respect to an election cycle, the Commission shall transmit a payment to the State in an amount equal to the reasonable costs incurred by the State in operating the credit program under this part during the cycle. (2) Source of funds \nPayments to a State under the program shall be made using amounts allocated to the Commission for purposes of making payments under this part with respect to the State from the State Election Assistance and Innovation Trust Fund (hereafter referred to as the Fund ) under section 8012, in the amount allocated with respect to the State under section 8005(d). (3) Cap on amount of payment \nThe aggregate amount of payments made to any State with respect to two consecutive election cycles period may not exceed $10,000,000. If the State determines that the maximum payment amount under this paragraph with respect to such cycles is not, or may not be, sufficient to cover the reasonable costs incurred by the State in operating the program under this part for such cycles, the State shall reduce the amount of the credit provided to each qualified individual by such pro rata amount as may be necessary to ensure that the reasonable costs incurred by the State in operating the program will not exceed the amount paid to the State with respect to such cycles.", "id": "H392EDD32974441A4AA94E706DBFC5E82", "header": "Reimbursement of Costs", "nested": [], "links": [] }, { "text": "(d) Continuing availability of funds after appropriation \nA payment made to a State under this part shall be available without fiscal year limitation.", "id": "H3895FEC8BBBF4DCDA0555715F06B4412", "header": "Continuing availability of funds after appropriation", "nested": [], "links": [] } ], "links": [] }, { "text": "8103. Credit program described \n(a) General elements of program \n(1) Elements described \nThe elements of a credit program operated by a State under this part are as follows: (A) The State shall provide each qualified individual upon the individual’s request with a credit worth $25 to be known as a Democracy Credit during the election cycle which will be assigned a routing number and which at the option of the individual will be provided in either paper or electronic form. (B) Using the routing number assigned to the Democracy Credit, the individual may submit the Democracy Credit in either electronic or paper form to qualified candidates for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress and allocate such portion of the value of the Democracy Credit in increments of $5 as the individual may select to any such candidate. (C) If the candidate transmits the Democracy Credit to the Commission, the Commission shall pay the candidate the portion of the value of the Democracy Credit that the individual allocated to the candidate, which shall be considered a contribution by the individual to the candidate for purposes of the Federal Election Campaign Act of 1971. (2) Designation of qualified individuals \nFor purposes of paragraph (1)(A), a qualified individual with respect to a State means an individual— (A) who is a resident of the State; (B) who will be of voting age as of the date of the election for the candidate to whom the individual submits a Democracy Credit; and (C) who is not prohibited under Federal law from making contributions to candidates for election for Federal office. (3) Treatment as contribution to candidate \nFor purposes of the Federal Election Campaign Act of 1971, the submission of a Democracy Credit to a candidate by an individual shall be treated as a contribution to the candidate by the individual in the amount of the portion of the value of the Credit that the individual allocated to the candidate. (b) Fraud prevention mechanism \nIn addition to the elements described in subsection (a), a State operating a credit program under this part shall permit an individual to revoke a Democracy Credit not later than 2 days after submitting the Democracy Credit to a candidate. (c) Oversight commission \nIn addition to the elements described in subsection (a), a State operating a credit program under this part shall establish a commission or designate an existing entity to oversee and implement the program in the State, except that no such commission or entity may be comprised of elected officials. (d) Public information campaign \nIn addition to the elements described in subsection (a), a State operating a credit program under this part shall carry out a public information campaign to disseminate awareness of the program among qualified individuals. (e) No taxpayer funds permitted To carry out program \nNo taxpayer funds shall be used to carry out the credit program under this part. For purposes of this subsection, the term taxpayer funds means revenues received by the Internal Revenue Service from tax liabilities.", "id": "HEB1FBAE7007C4F0387515BF4452BD495", "header": "Credit program described", "nested": [ { "text": "(a) General elements of program \n(1) Elements described \nThe elements of a credit program operated by a State under this part are as follows: (A) The State shall provide each qualified individual upon the individual’s request with a credit worth $25 to be known as a Democracy Credit during the election cycle which will be assigned a routing number and which at the option of the individual will be provided in either paper or electronic form. (B) Using the routing number assigned to the Democracy Credit, the individual may submit the Democracy Credit in either electronic or paper form to qualified candidates for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress and allocate such portion of the value of the Democracy Credit in increments of $5 as the individual may select to any such candidate. (C) If the candidate transmits the Democracy Credit to the Commission, the Commission shall pay the candidate the portion of the value of the Democracy Credit that the individual allocated to the candidate, which shall be considered a contribution by the individual to the candidate for purposes of the Federal Election Campaign Act of 1971. (2) Designation of qualified individuals \nFor purposes of paragraph (1)(A), a qualified individual with respect to a State means an individual— (A) who is a resident of the State; (B) who will be of voting age as of the date of the election for the candidate to whom the individual submits a Democracy Credit; and (C) who is not prohibited under Federal law from making contributions to candidates for election for Federal office. (3) Treatment as contribution to candidate \nFor purposes of the Federal Election Campaign Act of 1971, the submission of a Democracy Credit to a candidate by an individual shall be treated as a contribution to the candidate by the individual in the amount of the portion of the value of the Credit that the individual allocated to the candidate.", "id": "H6069921E5D764C71981C3261C3F93C30", "header": "General elements of program", "nested": [], "links": [] }, { "text": "(b) Fraud prevention mechanism \nIn addition to the elements described in subsection (a), a State operating a credit program under this part shall permit an individual to revoke a Democracy Credit not later than 2 days after submitting the Democracy Credit to a candidate.", "id": "H2FAE58B47BCE436DAE325CBE894933FF", "header": "Fraud prevention mechanism", "nested": [], "links": [] }, { "text": "(c) Oversight commission \nIn addition to the elements described in subsection (a), a State operating a credit program under this part shall establish a commission or designate an existing entity to oversee and implement the program in the State, except that no such commission or entity may be comprised of elected officials.", "id": "HE7B34A92277D483AB91F70285A030BCC", "header": "Oversight commission", "nested": [], "links": [] }, { "text": "(d) Public information campaign \nIn addition to the elements described in subsection (a), a State operating a credit program under this part shall carry out a public information campaign to disseminate awareness of the program among qualified individuals.", "id": "H6A4CF4B4A7B3429C8FDD36C5C974A8D7", "header": "Public information campaign", "nested": [], "links": [] }, { "text": "(e) No taxpayer funds permitted To carry out program \nNo taxpayer funds shall be used to carry out the credit program under this part. For purposes of this subsection, the term taxpayer funds means revenues received by the Internal Revenue Service from tax liabilities.", "id": "H92662C519B2942D9B6B26E588DBAA455", "header": "No taxpayer funds permitted To carry out program", "nested": [], "links": [] } ], "links": [] }, { "text": "8104. Reports \n(a) State reports \nNot later than 6 months after each first election cycle during which the State operates a program under this part, the State shall submit to the Commission and the Office of Democracy Advancement and Innovation a report analyzing the operation and effectiveness of the program during the cycle and including such other information as the Commission may require. (b) Study and report on impact and effectiveness of credit programs \n(1) Study \nThe Commission shall conduct a study on the efficacy of political credit programs, including the program under this part and other similar programs, in expanding and diversifying the pool of individuals who participate in the electoral process, including those who participate as donors and those who participate as candidates. (2) Report \nNot later than 1 year after the first election cycle for which States operate the program under this part, the Commission shall publish and submit to Congress a report on the study conducted under paragraph (1).", "id": "H537DC096E75046A8B96A9AE280DE5850", "header": "Reports", "nested": [ { "text": "(a) State reports \nNot later than 6 months after each first election cycle during which the State operates a program under this part, the State shall submit to the Commission and the Office of Democracy Advancement and Innovation a report analyzing the operation and effectiveness of the program during the cycle and including such other information as the Commission may require.", "id": "HD152F944D40C4C5988CD56ADC5F24109", "header": "State reports", "nested": [], "links": [] }, { "text": "(b) Study and report on impact and effectiveness of credit programs \n(1) Study \nThe Commission shall conduct a study on the efficacy of political credit programs, including the program under this part and other similar programs, in expanding and diversifying the pool of individuals who participate in the electoral process, including those who participate as donors and those who participate as candidates. (2) Report \nNot later than 1 year after the first election cycle for which States operate the program under this part, the Commission shall publish and submit to Congress a report on the study conducted under paragraph (1).", "id": "HC2F52E20242E4E8EAB6A655E0017FC59", "header": "Study and report on impact and effectiveness of credit programs", "nested": [], "links": [] } ], "links": [] }, { "text": "8105. Election cycle defined \nIn this part, the term election cycle means the period beginning on the day after the date of the most recent regularly scheduled general election for Federal office and ending on the date of the next regularly scheduled general election for Federal office.", "id": "HD3A4C51099A24F3A81F11FFD942C778E", "header": "Election cycle defined", "nested": [], "links": [] }, { "text": "8111. Benefits and eligibility requirements for candidates \nThe Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq. ) is amended by adding at the end the following: V Small Dollar Financing of Elections for House of Representatives \nA Benefits \n501. Benefits for participating candidates \n(a) In general \nIf a candidate for election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress is certified as a participating candidate under this title with respect to an election for such office, the candidate shall be entitled to payments as provided under this title. (b) Amount of payment \nThe amount of a payment made under this title shall be equal to 600 percent of the amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle, without regard to whether or not the candidate received any of the contributions before, during, or after the Small Dollar Democracy qualifying period applicable to the candidate under section 511(c). (c) Limit on aggregate amount of payments \nThe aggregate amount of payments made to a participating candidate with respect to an election cycle under this title may not exceed 50 percent of the average of the 20 greatest amounts of disbursements made by the authorized committees of any winning candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress during the most recent election cycle, rounded to the nearest $100,000. (d) No taxpayer funds permitted \nNo taxpayer funds shall be used to make payments under this title. For purposes of this subsection, the term taxpayer funds means revenues received by the Internal Revenue Service from tax liabilities. 502. Procedures for making payments \n(a) In general \nThe Division Director shall make a payment under section 501 to a candidate who is certified as a participating candidate upon receipt from the candidate of a request for a payment which includes— (1) a statement of the number and amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle; (2) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; (3) a statement of the total amount of payments the candidate has received under this title as of the date of the statement; and (4) such other information and assurances as the Division Director may require. (b) Restrictions on submission of requests \nA candidate may not submit a request under subsection (a) unless each of the following applies: (1) The amount of the qualified small dollar contributions in the statement referred to in subsection (a)(1) is equal to or greater than $5,000, unless the request is submitted during the 30-day period which ends on the date of a general election. (2) The candidate did not receive a payment under this title during the 7-day period which ends on the date the candidate submits the request. (c) Time of payment \nThe Division Director shall, in coordination with the Secretary of the Treasury, take such steps as may be necessary to ensure that the Secretary is able to make payments under this section from the Treasury not later than 2 business days after the receipt of a request submitted under subsection (a). 503. Use of funds \n(a) Use of funds for authorized campaign expenditures \nA candidate shall use payments made under this title, including payments provided with respect to a previous election cycle which are withheld from remittance to the Commission in accordance with section 524(a)(2), only for making direct payments for the receipt of goods and services which constitute authorized expenditures (as determined in accordance with title III) in connection with the election cycle involved. (b) Prohibiting use of funds for legal expenses, fines, or penalties \nNotwithstanding title III, a candidate may not use payments made under this title for the payment of expenses incurred in connection with any action, claim, or other matter before the Commission or before any court, hearing officer, arbitrator, or other dispute resolution entity, or for the payment of any fine or civil monetary penalty. 504. Qualified small dollar contributions described \n(a) In general \nIn this title, the term qualified small dollar contribution means, with respect to a candidate and the authorized committees of a candidate, a contribution that meets the following requirements: (1) The contribution is in an amount that is— (A) not less than $1; and (B) not more than $200. (2) (A) The contribution is made directly by an individual to the candidate or an authorized committee of the candidate and is not— (i) forwarded from the individual making the contribution to the candidate or committee by another person; or (ii) received by the candidate or committee with the knowledge that the contribution was made at the request, suggestion, or recommendation of another person. (B) In this paragraph— (i) the term person does not include an individual (other than an individual described in section 304(i)(7) of the Federal Election Campaign Act of 1971), a political committee of a political party, or any political committee which is not a separate segregated fund described in section 316(b) of the Federal Election Campaign Act of 1971 and which does not make contributions or independent expenditures, does not engage in lobbying activity under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ), and is not established by, controlled by, or affiliated with a registered lobbyist under such Act, an agent of a registered lobbyist under such Act, or an organization which retains or employs a registered lobbyist under such Act; and (ii) a contribution is not made at the request, suggestion, or recommendation of another person solely on the grounds that the contribution is made in response to information provided to the individual making the contribution by any person, so long as the candidate or authorized committee does not know the identity of the person who provided the information to such individual. (3) The individual who makes the contribution does not make contributions to the candidate or the authorized committees of the candidate with respect to the election involved in an aggregate amount that exceeds the amount described in paragraph (1)(B), or any contribution to the candidate or the authorized committees of the candidate with respect to the election involved that otherwise is not a qualified small dollar contribution. (b) Treatment of democracy credits \nAny payment received by a candidate and the authorized committees of a candidate which consists of a Democracy Credit under the Freedom to Vote Act shall be considered a qualified small dollar contribution for purposes of this title, so long as the individual making the payment meets the requirements of paragraphs (2) and (3) of subsection (a). (c) Restriction on subsequent contributions \n(1) Prohibiting donor from making subsequent nonqualified contributions during election cycle \n(A) In general \nAn individual who makes a qualified small dollar contribution to a candidate or the authorized committees of a candidate with respect to an election may not make any subsequent contribution to such candidate or the authorized committees of such candidate with respect to the election cycle which is not a qualified small dollar contribution. (B) Exception for contributions to candidates who voluntarily withdraw from participation during qualifying period \nSubparagraph (A) does not apply with respect to a contribution made to a candidate who, during the Small Dollar Democracy qualifying period described in section 511(c), submits a statement to the Commission under section 513(c) to voluntarily withdraw from participating in the program under this title. (2) Treatment of subsequent nonqualified contributions \nIf, notwithstanding the prohibition described in paragraph (1), an individual who makes a qualified small dollar contribution to a candidate or the authorized committees of a candidate with respect to an election makes a subsequent contribution to such candidate or the authorized committees of such candidate with respect to the election which is prohibited under paragraph (1) because it is not a qualified small dollar contribution, the candidate may take one of the following actions: (A) Not later than 2 weeks after receiving the contribution, the candidate may return the subsequent contribution to the individual. In the case of a subsequent contribution which is not a qualified small dollar contribution because the contribution fails to meet the requirements of paragraph (3) of subsection (a) (relating to the aggregate amount of contributions made to the candidate or the authorized committees of the candidate by the individual making the contribution), the candidate may return an amount equal to the difference between the amount of the subsequent contribution and the amount described in paragraph (1)(B) of subsection (a). (B) The candidate may retain the subsequent contribution, so long as not later than 2 weeks after receiving the subsequent contribution, the candidate remits to the Commission an amount equal to any payments received by the candidate under this title which are attributable to the qualified small dollar contribution made by the individual involved. Such amount shall be used to supplement the allocation made to the Commission with respect to candidates from the State in which the candidate seeks office, as described in section 541(a). (3) No effect on ability to make multiple contributions \nNothing in this section may be construed to prohibit an individual from making multiple qualified small dollar contributions to any candidate or any number of candidates, so long as each contribution meets each of the requirements of paragraphs (1), (2), and (3) of subsection (a). (d) Notification requirements for candidates \n(1) Notification \nEach authorized committee of a candidate who seeks to be a participating candidate under this title shall provide the following information in any materials for the solicitation of contributions, including any internet site through which individuals may make contributions to the committee: (A) A statement that if the candidate is certified as a participating candidate under this title, the candidate will receive matching payments in an amount which is based on the total amount of qualified small dollar contributions received. (B) A statement that a contribution which meets the requirements set forth in subsection (a) shall be treated as a qualified small dollar contribution under this title. (C) A statement that if a contribution is treated as qualified small dollar contribution under this title, the individual who makes the contribution may not make any contribution to the candidate or the authorized committees of the candidate during the election cycle which is not a qualified small dollar contribution. (2) Alternative methods of meeting requirements \nAn authorized committee may meet the requirements of paragraph (1)— (A) by including the information described in paragraph (1) in the receipt provided under section 512(b)(3) to a person making a qualified small dollar contribution; or (B) by modifying the information it provides to persons making contributions which is otherwise required under title III (including information it provides through the internet). B Eligibility and Certification \n511. Eligibility \n(a) In general \nA candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress is eligible to be certified as a participating candidate under this title with respect to an election if the candidate meets the following requirements: (1) The candidate files with the Commission a statement of intent to seek certification as a participating candidate. (2) The candidate meets the qualifying requirements of section 512. (3) The candidate files with the Commission a statement certifying that the authorized committees of the candidate meet the requirements of section 504(d). (4) Not later than the last day of the Small Dollar Democracy qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate's principal campaign committee declaring that the candidate— (A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 521; (B) if certified, will run only as a participating candidate for all elections for the office that such candidate is seeking during that election cycle; and (C) has either qualified or will take steps to qualify under State law to be on the ballot. (5) The candidate files with the Commission a certification that the candidate will not use any allocation from the Fund to directly or indirectly pay salaries, fees, consulting expenses, or any other compensation for services rendered to themselves, family members (including spouses as well as children, parents, siblings, or any of their spouses), or any entity or organization in which they have an ownership interest. (b) General election \nNotwithstanding subsection (a), a candidate shall not be eligible to be certified as a participating candidate under this title for a general election or a general runoff election unless the candidate’s party nominated the candidate to be placed on the ballot for the general election or the candidate is otherwise qualified to be on the ballot under State law. (c) Small Dollar Democracy qualifying period Defined \nThe term Small Dollar Democracy qualifying period means, with respect to any candidate for an office, the 180-day period (during the election cycle for such office) which begins on the date on which the candidate files a statement of intent under section 511(a)(1), except that such period may not continue after the date that is 30 days before the date of the general election for the office. 512. Qualifying requirements \n(a) Receipt of qualified small dollar contributions \nA candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress meets the requirement of this section if, during the Small Dollar Democracy qualifying period described in section 511(c), each of the following occurs: (1) Not fewer than 1,000 individuals make a qualified small dollar contribution to the candidate. (2) The candidate obtains a total dollar amount of qualified small dollar contributions which is equal to or greater than $50,000. (b) Requirements relating to receipt of qualified small dollar contribution \nEach qualified small dollar contribution— (1) may be made by means of a personal check, money order, debit card, credit card, electronic payment account, or any other method deemed appropriate by the Division Director; (2) shall be accompanied by a signed statement (or, in the case of a contribution made online or through other electronic means, an electronic equivalent) containing the contributor’s name and address; and (3) shall be acknowledged by a receipt that is sent to the contributor with a copy (in paper or electronic form) kept by the candidate for the Commission. (c) Verification of contributions \n(1) Procedures \nThe Division Director shall establish procedures for the auditing and verification of the contributions received and expenditures made by participating candidates under this title, including procedures for random audits, to ensure that such contributions and expenditures meet the requirements of this title. (2) Authority of Commission to revise procedures \nThe Commission, by a vote of not fewer than four of its members, may revise the procedures established by the Division Director under this subsection. 513. Certification \n(a) Deadline and Notification \n(1) In general \nNot later than 5 business days after a candidate files an affidavit under section 511(a)(4), the Division Director shall— (A) determine whether or not the candidate meets the requirements for certification as a participating candidate; (B) if the Division Director determines that the candidate meets such requirements, certify the candidate as a participating candidate; and (C) notify the candidate of the Division Director’s determination. (2) Deemed certification for all elections in election cycle \nIf the Division Director certifies a candidate as a participating candidate with respect to the first election of the election cycle involved, the Division Director shall be deemed to have certified the candidate as a participating candidate with respect to all subsequent elections of the election cycle. (3) Authority of Commission to reverse determination by Division Director \nDuring the 10-day period which begins on the date the Division Director makes a determination under this subsection, the Commission, by a vote of not fewer than four of its members, may review and reverse the determination. If the Commission reverses the determination, the Commission shall promptly notify the candidate involved. (b) Revocation of certification \n(1) In general \nThe Division Director shall revoke a certification under subsection (a) if— (A) a candidate fails to qualify to appear on the ballot at any time after the date of certification (other than a candidate certified as a participating candidate with respect to a primary election who fails to qualify to appear on the ballot for a subsequent election in that election cycle); (B) a candidate ceases to be a candidate for the office involved, as determined on the basis of an official announcement by an authorized committee of the candidate or on the basis of a reasonable determination by the Commission; or (C) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. (2) Existence of criminal sanction \nThe Division Director shall revoke a certification under subsection (a) if a penalty is assessed against the candidate under section 309(d) with respect to the election. (3) Effect of revocation \nIf a candidate’s certification is revoked under this subsection— (A) the candidate may not receive payments under this title during the remainder of the election cycle involved; and (B) in the case of a candidate whose certification is revoked pursuant to subparagraph (A) or subparagraph (C) of paragraph (1)— (i) the candidate shall repay to the Commission an amount equal to the payments received under this title with respect to the election cycle involved plus interest (at a rate determined by the Commission on the basis of an appropriate annual percentage rate for the month involved) on any such amount received, which shall be used by the Commission to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a); and (ii) the candidate may not be certified as a participating candidate under this title with respect to the next election cycle. (4) Prohibiting participation in future elections for candidates with multiple revocations \nIf the Division Director revokes the certification of an individual as a participating candidate under this title pursuant to subparagraph (A) or subparagraph (C) of paragraph (1) a total of 3 times, the individual may not be certified as a participating candidate under this title with respect to any subsequent election. (5) Authority of Commission to reverse revocation by Division Director \nDuring the 10-day period which begins on the date the Division Director makes a determination under this subsection, the Commission, by a vote of not fewer than four of its members, may review and reverse the determination. If the Commission reverses the determination, the Commission shall promptly notify the candidate involved. (c) Voluntary withdrawal from participating during qualifying period \nAt any time during the Small Dollar Democracy qualifying period described in section 511(c), a candidate may withdraw from participation in the program under this title by submitting to the Commission a statement of withdrawal (without regard to whether or not the Commission has certified the candidate as a participating candidate under this title as of the time the candidate submits such statement), so long as the candidate has not submitted a request for payment under section 502. (d) Participating Candidate defined \nIn this title, a participating candidate means a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is certified under this section as eligible to receive benefits under this title. C Requirements for Candidates Certified as Participating Candidates \n521. Contribution and expenditure requirements \n(a) Permitted sources of contributions and expenditures \nExcept as provided in subsection (c), a participating candidate with respect to an election shall, with respect to all elections occurring during the election cycle for the office involved, accept no contributions from any source and make no expenditures from any amounts, other than the following: (1) Qualified small dollar contributions. (2) Payments under this title. (3) Contributions from political committees established and maintained by a national or State political party, subject to the applicable limitations of section 315. (4) Subject to subsection (b), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions). (5) Contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed $1,000. (6) Contributions from multicandidate political committees, subject to the applicable limitations of section 315. (b) Special rules for personal funds \n(1) Limit on amount \nA candidate who is certified as a participating candidate may use personal funds (including personal funds of any immediate family member of the candidate) so long as— (A) the aggregate amount used with respect to the election cycle (including any period of the cycle occurring prior to the candidate’s certification as a participating candidate) does not exceed $50,000; and (B) the funds are used only for making direct payments for the receipt of goods and services which constitute authorized expenditures in connection with the election cycle involved. (2) Immediate family member defined \nIn this subsection, the term immediate family member means, with respect to a candidate— (A) the candidate’s spouse; (B) a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate’s spouse; and (C) the spouse of any person described in subparagraph (B). (c) Exceptions \n(1) Exception for contributions received prior to filing of statement of intent \nA candidate who has accepted contributions that are not described in subsection (a) is not in violation of subsection (a), but only if all such contributions are— (A) returned to the contributor; (B) submitted to the Commission, to be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a); or (C) spent in accordance with paragraph (2). (2) Exception for expenditures made prior to filing of statement of intent \nIf a candidate has made expenditures prior to the date the candidate files a statement of intent under section 511(a)(1) that the candidate is prohibited from making under subsection (a) or subsection (b), the candidate is not in violation of such subsection if the aggregate amount of the prohibited expenditures is less than the amount referred to in section 512(a)(2) (relating to the total dollar amount of qualified small dollar contributions which the candidate is required to obtain) which is applicable to the candidate. (3) Exception for campaign surpluses from a previous election \nNotwithstanding paragraph (1), unexpended contributions received by the candidate or an authorized committee of the candidate with respect to a previous election may be retained, but only if the candidate places the funds in escrow and refrains from raising additional funds for or spending funds from that account during the election cycle in which a candidate is a participating candidate. (4) Exception for contributions received before the effective date of this title \nContributions received and expenditures made by the candidate or an authorized committee of the candidate prior to the effective date of this title shall not constitute a violation of subsection (a) or (b). Unexpended contributions shall be treated the same as campaign surpluses under paragraph (3), and expenditures made shall count against the limit in paragraph (2). (d) Special Rule for Coordinated Party Expenditures \nFor purposes of this section, a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate. (e) Prohibition on joint fundraising committees \n(1) Prohibition \nAn authorized committee of a candidate who is certified as a participating candidate under this title with respect to an election may not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate. (2) Status of existing committees for prior elections \nIf a candidate established a joint fundraising committee described in paragraph (1) with respect to a prior election for which the candidate was not certified as a participating candidate under this title and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of paragraph (1) so long as that joint fundraising committee does not receive any contributions or make any disbursements during the election cycle for which the candidate is certified as a participating candidate under this title. (f) Prohibition on Leadership PACs \n(1) Prohibition \nA candidate who is certified as a participating candidate under this title with respect to an election may not associate with, establish, finance, maintain, or control a leadership PAC. (2) Status of existing leadership PACs \nIf a candidate established, financed, maintained, or controlled a leadership PAC prior to being certified as a participating candidate under this title and the candidate does not terminate the leadership PAC, the candidate shall not be considered to be in violation of paragraph (1) so long as the leadership PAC does not receive any contributions or make any disbursements during the election cycle for which the candidate is certified as a participating candidate under this title. (3) Leadership PAC defined \nIn this subsection, the term leadership PAC has the meaning given such term in section 304(i)(8)(B). 522. Administration of campaign \n(a) Separate accounting for various permitted contributions \nEach authorized committee of a candidate certified as a participating candidate under this title— (1) shall provide for separate accounting of each type of contribution described in section 521(a) which is received by the committee; and (2) shall provide for separate accounting for the payments received under this title. (b) Enhanced disclosure of information on donors \n(1) Mandatory identification of individuals making qualified small dollar contributions \nEach authorized committee of a participating candidate under this title shall, in accordance with section 304(b)(3)(A), include in the reports the committee submits under section 304 the identification of each person who makes a qualified small dollar contribution to the committee. (2) Mandatory disclosure through Internet \nEach authorized committee of a participating candidate under this title shall ensure that all information reported to the Commission under this Act with respect to contributions and expenditures of the committee is available to the public on the internet (whether through a site established for purposes of this subsection, a hyperlink on another public site of the committee, or a hyperlink on a report filed electronically with the Commission) in a searchable, sortable, and downloadable manner. 523. Preventing unnecessary spending of matching funds \n(a) Mandatory spending of available private funds \nAn authorized committee of a candidate certified as a participating candidate under this title may not make any expenditure of any payments received under this title in any amount unless the committee has made an expenditure in an equivalent amount of funds received by the committee which are described in paragraphs (1), (3), (4), (5), and (6) of section 521(a). (b) Limitation \nSubsection (a) applies to an authorized committee only to the extent that the funds referred to in such subsection are available to the committee at the time the committee makes an expenditure of a payment received under this title. 524. Remitting unspent funds after election \n(a) Remittance required \nNot later than the date that is 180 days after the last election for which a candidate certified as a participating candidate qualifies to be on the ballot during the election cycle involved, such participating candidate shall remit to the Commission an amount equal to the balance of the payments received under this title by the authorized committees of the candidate which remain unexpended as of such date, which shall be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a). (b) Permitting candidates participating in next election cycle To retain portion of unspent funds \nNotwithstanding subsection (a), a participating candidate may withhold not more than $100,000 from the amount required to be remitted under subsection (a) if the candidate files a signed affidavit with the Commission that the candidate will seek certification as a participating candidate with respect to the next election cycle, except that the candidate may not use any portion of the amount withheld until the candidate is certified as a participating candidate with respect to that next election cycle. If the candidate fails to seek certification as a participating candidate prior to the last day of the Small Dollar Democracy qualifying period for the next election cycle (as described in section 511), or if the Commission notifies the candidate of the Commission’s determination does not meet the requirements for certification as a participating candidate with respect to such cycle, the candidate shall immediately remit to the Commission the amount withheld. D Enhanced Match Support \n531. Enhanced support for general election \n(a) Availability of Enhanced Support \nIn addition to the payments made under subtitle A, the Division Director shall make an additional payment to an eligible candidate under this subtitle. (b) Use of funds \nA candidate shall use the additional payment under this subtitle only for authorized expenditures in connection with the election involved. 532. Eligibility \n(a) In General \nA candidate is eligible to receive an additional payment under this subtitle if the candidate meets each of the following requirements: (1) The candidate is on the ballot for the general election for the office the candidate seeks. (2) The candidate is certified as a participating candidate under this title with respect to the election. (3) During the enhanced support qualifying period, the candidate receives qualified small dollar contributions in a total amount of not less than $50,000. (4) During the enhanced support qualifying period, the candidate submits to the Division Director a request for the payment which includes— (A) a statement of the number and amount of qualified small dollar contributions received by the candidate during the enhanced support qualifying period; (B) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; and (C) such other information and assurances as the Division Director may require. (5) After submitting a request for the additional payment under paragraph (4), the candidate does not submit any other application for an additional payment under this subtitle. (b) Enhanced Support Qualifying Period Described \nIn this subtitle, the term enhanced support qualifying period means, with respect to a general election, the period which begins 60 days before the date of the election and ends 14 days before the date of the election. 533. Amount \n(a) In General \nSubject to subsection (b), the amount of the additional payment made to an eligible candidate under this subtitle shall be an amount equal to 50 percent of— (1) the amount of the payment made to the candidate under section 501(b) with respect to the qualified small dollar contributions which are received by the candidate during the enhanced support qualifying period (as included in the request submitted by the candidate under section 532(a)(4)); or (2) in the case of a candidate who is not eligible to receive a payment under section 501(b) with respect to such qualified small dollar contributions because the candidate has reached the limit on the aggregate amount of payments under subtitle A for the election cycle under section 501(c), the amount of the payment which would have been made to the candidate under section 501(b) with respect to such qualified small dollar contributions if the candidate had not reached such limit. (b) Limit \nThe amount of the additional payment determined under subsection (a) with respect to a candidate may not exceed $500,000. (c) No Effect on Aggregate Limit \nThe amount of the additional payment made to a candidate under this subtitle shall not be included in determining the aggregate amount of payments made to a participating candidate with respect to an election cycle under section 501(c). 534. Waiver of authority to retain portion of unspent funds after election \nNotwithstanding section 524(a)(2), a candidate who receives an additional payment under this subtitle with respect to an election is not permitted to withhold any portion from the amount of unspent funds the candidate is required to remit to the Commission under section 524(a)(1). E Administrative Provisions \n541. Source of payments \n(a) Allocations from State Election Assistance and Innovation Trust Fund \nThe amounts used to make payments to participating candidates under this title who seek office in a State shall be derived from the allocations made to the Commission with respect to the State from the State Election Assistance and Innovation Trust Fund (hereafter referred to as the Fund ) under section 8012 of the Freedom to Vote Act , as provided under section 8005(c) of such Act. (b) Use of allocations To make payments to participating candidates \n(1) Payments to participating candidates \nThe allocations made to the Commission as described in subsection (a) shall be available without further appropriation or fiscal year limitation to make payments to participating candidates as provided in this title. (2) Ongoing review to determine sufficiency of State allocations \n(A) Ongoing review \nNot later than 90 days before the first day of each election cycle (beginning with the first election cycle that begins after the date of the enactment of this title), and on an ongoing basis until the end of the election cycle, the Division Director, in consultation with the Director of the Office of Democracy Advancement and Innovation, shall determine whether the amount of the allocation made to the Commission with respect to candidates who seek office in a State as described in subsection (a) will be sufficient to make payments to participating candidates in the State in the amounts provided in this title during such election cycle. (B) Opportunity for State to increase allocation \nIf, at any time the Division Director determines under subparagraph (A) that the amount anticipated to be available in the Fund for payments to participating candidates in a State with respect to the election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of participating candidates in the State to payments under this title for such election cycle— (i) the Division Director shall notify the State and Congress; and (ii) the State may direct the Director of the Office of Democracy Advancement and Innovation to direct the Secretary of the Treasury to use the funds described in subparagraph (C), in such amounts as the State may direct, as an additional allocation to the Commission with respect to the State for purposes of subsection (a), in accordance with section 8012 of the Freedom to Vote Act. (C) Funds described \nThe funds described in this subparagraph are funds which were allocated to the State under the Democracy Advancement and Innovation Program under subtitle A of title VIII of the Freedom to Vote Act which, under the State plan under section 8002 of such Act, were to be used for democracy promotion activities described in paragraph (1), (2)(B), (2)(C), or (3) of section 8001(b) of such Act but which remain unobligated. (3) Elimination of limit of amount of qualified small donor contributions \n(A) Elimination of limit \nIf, after notifying the State under paragraph (2)(B)(i) and (if the State so elects) the State directs under paragraph (2)(B)(ii) an additional allocation to the Commission as provided under such subparagraph, the Division Director determines under paragraph (2)(A) that the amount anticipated to be available in the Fund (after such additional allocation) for payments to participating candidates in the State with respect to the election cycle involved is still not, or may still not be, sufficient to satisfy the full entitlements of participating candidates in the State to payments under this title for such election cycle, the limit on the amount of a qualified small donor contribution under section 504(a)(1)(B) shall not apply with respect to a participating candidate in the State under this title. Nothing in this subparagraph may be construed to waive the limit on the aggregate amount of contributions a participating candidate may accept from any individual under section 521(a)(5). (B) Determination of amount of payment to candidate \nIn determining under section 501(b) the amount of the payment made to a participating candidate for whom the limit on the amount of a qualified small donor contribution does not apply pursuant to subparagraph (A), there shall be excluded any qualified small donor contribution to the extent that the amount contributed by the individual involved exceeds the limit on the amount of such a contribution under section 504(a)(1)(B). (C) No use of amounts from other sources \nIn any case in which the Division Director determines that the allocation made to the Commission with respect to candidates in a State as described in subsection (a) is insufficient to make payments to participating candidates in the State under this title (taking into account any increase in the allocation under paragraph (2)), moneys shall not be made available from any other source for the purpose of making such payments. (c) Effective date \nThis section shall take effect on the date of the enactment of this title, without regard to whether or not regulations have been promulgated to carry out this section. 542. Administration through dedicated division within Commission \n(a) Administration through dedicated division \n(1) Establishment \nThe Commission shall establish a separate division within the Commission which is dedicated to issuing regulations to carry out this title and to otherwise carrying out the operation of this title. (2) Appointment of director and staff \n(A) Appointment \nNot later than June 1, 2024, the Commission shall appoint a director to head the division established under this section (to be known as the Division Director ) and such other staff as the Commission considers appropriate to enable the division to carry out its duties. (B) Role of General Counsel \nIf, at any time after the date referred to in subparagraph (A), there is a vacancy in the position of the Division Director, the General Counsel of the Commission shall serve as the acting Division Director until the Commission appoints a Division Director under this paragraph. (3) Private right of action \nAny person aggrieved by the failure of the Commission to meet the requirements of this subsection may file an action in an appropriate district court of the United States for such relief, including declaratory and injunctive relief, as may be appropriate. (b) Regulations \nNot later than the deadline set forth in section 8114 of the Freedom to Vote Act , the Commission, acting through the dedicated division established under this section, shall prescribe regulations to carry out the purposes of this title, including regulations— (1) to establish procedures for verifying the amount of qualified small dollar contributions with respect to a candidate; (2) to establish procedures for effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions; (3) to establish procedures for effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates; (4) to establish procedures for monitoring the use of payments made from the allocation made to the Commission as described in section 541(a) and matching contributions under this title through audits of not fewer than 1/10 (or, in the case of the first 3 election cycles during which the program under this title is in effect, not fewer than 1/3 ) of all participating candidates or other mechanisms; (5) to establish procedures for carrying out audits under section 541(b) and permitting States to make additional allocations as provided under section 541(b)(2)(B); and (6) to establish rules for preventing fraud in the operation of this title which supplement similar rules which apply under this Act. 543. Violations and penalties \n(a) Civil penalty for violation of contribution and expenditure requirements \nIf a candidate who has been certified as a participating candidate accepts a contribution or makes an expenditure that is prohibited under section 521, the Commission may assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a). (b) Repayment for improper use of payments \n(1) In general \nIf the Commission determines that any payment made to a participating candidate was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Commission an amount which shall be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a) and which shall be equal to— (A) the amount of payments so used or not remitted, as appropriate; and (B) interest on any such amounts (at a rate determined by the Commission). (2) Other action not precluded \nAny action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title. (c) Prohibiting certain candidates from qualifying as participating candidates \n(1) Candidates with multiple civil penalties \nIf the Commission assesses 3 or more civil penalties under subsection (a) against a candidate (with respect to either a single election or multiple elections), the Commission may refuse to certify the candidate as a participating candidate under this title with respect to any subsequent election, except that if each of the penalties were assessed as the result of a knowing and willful violation of any provision of this Act, the candidate is not eligible to be certified as a participating candidate under this title with respect to any subsequent election. (2) Candidates subject to criminal penalty \nA candidate is not eligible to be certified as a participating candidate under this title with respect to an election if a penalty has been assessed against the candidate under section 309(d) with respect to any previous election. (d) Imposition of criminal penalties \nFor criminal penalties for the failure of a participating candidate to comply with the requirements of this title, see section 309(d). 544. Indexing of amounts \n(a) Indexing \nIn any calendar year after 2028, section 315(c)(1)(B) shall apply to each amount described in subsection (b) 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 2028. (b) Amounts described \nThe amounts described in this subsection are as follows: (1) The amount referred to in section 502(b)(1) (relating to the minimum amount of qualified small dollar contributions included in a request for payment). (2) The amounts referred to in section 504(a)(1) (relating to the amount of a qualified small dollar contribution). (3) The amount referred to in section 512(a)(2) (relating to the total dollar amount of qualified small dollar contributions). (4) The amount referred to in section 521(a)(5) (relating to the aggregate amount of contributions a participating candidate may accept from any individual with respect to an election). (5) The amount referred to in section 521(b)(1)(A) (relating to the amount of personal funds that may be used by a candidate who is certified as a participating candidate). (6) The amounts referred to in section 524(a)(2) (relating to the amount of unspent funds a candidate may retain for use in the next election cycle). (7) The amount referred to in section 532(a)(3) (relating to the total dollar amount of qualified small dollar contributions for a candidate seeking an additional payment under subtitle D). (8) The amount referred to in section 533(b) (relating to the limit on the amount of an additional payment made to a candidate under subtitle D). 545. Election cycle defined \nIn this title, the term election cycle means, with respect to an election for an office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election). 546. Division Director defined \nIn this title, the term Division Director means the individual serving as the director of the division established under section 542..", "id": "HD239BE3DDC374FF7B2060100382DBE70", "header": "Benefits and eligibility requirements for candidates", "nested": [], "links": [ { "text": "52 U.S.C. 30101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "2 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/2/1601" } ] }, { "text": "501. Benefits for participating candidates \n(a) In general \nIf a candidate for election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress is certified as a participating candidate under this title with respect to an election for such office, the candidate shall be entitled to payments as provided under this title. (b) Amount of payment \nThe amount of a payment made under this title shall be equal to 600 percent of the amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle, without regard to whether or not the candidate received any of the contributions before, during, or after the Small Dollar Democracy qualifying period applicable to the candidate under section 511(c). (c) Limit on aggregate amount of payments \nThe aggregate amount of payments made to a participating candidate with respect to an election cycle under this title may not exceed 50 percent of the average of the 20 greatest amounts of disbursements made by the authorized committees of any winning candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress during the most recent election cycle, rounded to the nearest $100,000. (d) No taxpayer funds permitted \nNo taxpayer funds shall be used to make payments under this title. For purposes of this subsection, the term taxpayer funds means revenues received by the Internal Revenue Service from tax liabilities.", "id": "H88C56902FEB442FFAEDD8FC1F2E972E2", "header": "Benefits for participating candidates", "nested": [ { "text": "(a) In general \nIf a candidate for election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress is certified as a participating candidate under this title with respect to an election for such office, the candidate shall be entitled to payments as provided under this title.", "id": "H9545DDC7501947BCBF28AFD1F455EA45", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Amount of payment \nThe amount of a payment made under this title shall be equal to 600 percent of the amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle, without regard to whether or not the candidate received any of the contributions before, during, or after the Small Dollar Democracy qualifying period applicable to the candidate under section 511(c).", "id": "HBF7D23EC24694E568370120A181DE549", "header": "Amount of payment", "nested": [], "links": [] }, { "text": "(c) Limit on aggregate amount of payments \nThe aggregate amount of payments made to a participating candidate with respect to an election cycle under this title may not exceed 50 percent of the average of the 20 greatest amounts of disbursements made by the authorized committees of any winning candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress during the most recent election cycle, rounded to the nearest $100,000.", "id": "H964D68CD328E468F8392A202D9DAFF34", "header": "Limit on aggregate amount of payments", "nested": [], "links": [] }, { "text": "(d) No taxpayer funds permitted \nNo taxpayer funds shall be used to make payments under this title. For purposes of this subsection, the term taxpayer funds means revenues received by the Internal Revenue Service from tax liabilities.", "id": "H96767457A5D64266A0CB38CB16BB04DE", "header": "No taxpayer funds permitted", "nested": [], "links": [] } ], "links": [] }, { "text": "502. Procedures for making payments \n(a) In general \nThe Division Director shall make a payment under section 501 to a candidate who is certified as a participating candidate upon receipt from the candidate of a request for a payment which includes— (1) a statement of the number and amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle; (2) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; (3) a statement of the total amount of payments the candidate has received under this title as of the date of the statement; and (4) such other information and assurances as the Division Director may require. (b) Restrictions on submission of requests \nA candidate may not submit a request under subsection (a) unless each of the following applies: (1) The amount of the qualified small dollar contributions in the statement referred to in subsection (a)(1) is equal to or greater than $5,000, unless the request is submitted during the 30-day period which ends on the date of a general election. (2) The candidate did not receive a payment under this title during the 7-day period which ends on the date the candidate submits the request. (c) Time of payment \nThe Division Director shall, in coordination with the Secretary of the Treasury, take such steps as may be necessary to ensure that the Secretary is able to make payments under this section from the Treasury not later than 2 business days after the receipt of a request submitted under subsection (a).", "id": "HC7634D8EB92A49EC8B880BC616EF2C8F", "header": "Procedures for making payments", "nested": [ { "text": "(a) In general \nThe Division Director shall make a payment under section 501 to a candidate who is certified as a participating candidate upon receipt from the candidate of a request for a payment which includes— (1) a statement of the number and amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle; (2) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; (3) a statement of the total amount of payments the candidate has received under this title as of the date of the statement; and (4) such other information and assurances as the Division Director may require.", "id": "H6A913116F53A410B94D0A4D0F46F2BEC", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Restrictions on submission of requests \nA candidate may not submit a request under subsection (a) unless each of the following applies: (1) The amount of the qualified small dollar contributions in the statement referred to in subsection (a)(1) is equal to or greater than $5,000, unless the request is submitted during the 30-day period which ends on the date of a general election. (2) The candidate did not receive a payment under this title during the 7-day period which ends on the date the candidate submits the request.", "id": "H374DBF874DD24FEF9538B385D4C6831F", "header": "Restrictions on submission of requests", "nested": [], "links": [] }, { "text": "(c) Time of payment \nThe Division Director shall, in coordination with the Secretary of the Treasury, take such steps as may be necessary to ensure that the Secretary is able to make payments under this section from the Treasury not later than 2 business days after the receipt of a request submitted under subsection (a).", "id": "H64C62665FDE044629B27C7C3ED735D1B", "header": "Time of payment", "nested": [], "links": [] } ], "links": [] }, { "text": "503. Use of funds \n(a) Use of funds for authorized campaign expenditures \nA candidate shall use payments made under this title, including payments provided with respect to a previous election cycle which are withheld from remittance to the Commission in accordance with section 524(a)(2), only for making direct payments for the receipt of goods and services which constitute authorized expenditures (as determined in accordance with title III) in connection with the election cycle involved. (b) Prohibiting use of funds for legal expenses, fines, or penalties \nNotwithstanding title III, a candidate may not use payments made under this title for the payment of expenses incurred in connection with any action, claim, or other matter before the Commission or before any court, hearing officer, arbitrator, or other dispute resolution entity, or for the payment of any fine or civil monetary penalty.", "id": "H2955FFF27F044C14B959B80D9B74F88D", "header": "Use of funds", "nested": [ { "text": "(a) Use of funds for authorized campaign expenditures \nA candidate shall use payments made under this title, including payments provided with respect to a previous election cycle which are withheld from remittance to the Commission in accordance with section 524(a)(2), only for making direct payments for the receipt of goods and services which constitute authorized expenditures (as determined in accordance with title III) in connection with the election cycle involved.", "id": "H56B36C9F66524BC5989DA8A6A0469A5B", "header": "Use of funds for authorized campaign expenditures", "nested": [], "links": [] }, { "text": "(b) Prohibiting use of funds for legal expenses, fines, or penalties \nNotwithstanding title III, a candidate may not use payments made under this title for the payment of expenses incurred in connection with any action, claim, or other matter before the Commission or before any court, hearing officer, arbitrator, or other dispute resolution entity, or for the payment of any fine or civil monetary penalty.", "id": "H2D14056B19334CB5B2C0F47E7904DF9B", "header": "Prohibiting use of funds for legal expenses, fines, or penalties", "nested": [], "links": [] } ], "links": [] }, { "text": "504. Qualified small dollar contributions described \n(a) In general \nIn this title, the term qualified small dollar contribution means, with respect to a candidate and the authorized committees of a candidate, a contribution that meets the following requirements: (1) The contribution is in an amount that is— (A) not less than $1; and (B) not more than $200. (2) (A) The contribution is made directly by an individual to the candidate or an authorized committee of the candidate and is not— (i) forwarded from the individual making the contribution to the candidate or committee by another person; or (ii) received by the candidate or committee with the knowledge that the contribution was made at the request, suggestion, or recommendation of another person. (B) In this paragraph— (i) the term person does not include an individual (other than an individual described in section 304(i)(7) of the Federal Election Campaign Act of 1971), a political committee of a political party, or any political committee which is not a separate segregated fund described in section 316(b) of the Federal Election Campaign Act of 1971 and which does not make contributions or independent expenditures, does not engage in lobbying activity under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ), and is not established by, controlled by, or affiliated with a registered lobbyist under such Act, an agent of a registered lobbyist under such Act, or an organization which retains or employs a registered lobbyist under such Act; and (ii) a contribution is not made at the request, suggestion, or recommendation of another person solely on the grounds that the contribution is made in response to information provided to the individual making the contribution by any person, so long as the candidate or authorized committee does not know the identity of the person who provided the information to such individual. (3) The individual who makes the contribution does not make contributions to the candidate or the authorized committees of the candidate with respect to the election involved in an aggregate amount that exceeds the amount described in paragraph (1)(B), or any contribution to the candidate or the authorized committees of the candidate with respect to the election involved that otherwise is not a qualified small dollar contribution. (b) Treatment of democracy credits \nAny payment received by a candidate and the authorized committees of a candidate which consists of a Democracy Credit under the Freedom to Vote Act shall be considered a qualified small dollar contribution for purposes of this title, so long as the individual making the payment meets the requirements of paragraphs (2) and (3) of subsection (a). (c) Restriction on subsequent contributions \n(1) Prohibiting donor from making subsequent nonqualified contributions during election cycle \n(A) In general \nAn individual who makes a qualified small dollar contribution to a candidate or the authorized committees of a candidate with respect to an election may not make any subsequent contribution to such candidate or the authorized committees of such candidate with respect to the election cycle which is not a qualified small dollar contribution. (B) Exception for contributions to candidates who voluntarily withdraw from participation during qualifying period \nSubparagraph (A) does not apply with respect to a contribution made to a candidate who, during the Small Dollar Democracy qualifying period described in section 511(c), submits a statement to the Commission under section 513(c) to voluntarily withdraw from participating in the program under this title. (2) Treatment of subsequent nonqualified contributions \nIf, notwithstanding the prohibition described in paragraph (1), an individual who makes a qualified small dollar contribution to a candidate or the authorized committees of a candidate with respect to an election makes a subsequent contribution to such candidate or the authorized committees of such candidate with respect to the election which is prohibited under paragraph (1) because it is not a qualified small dollar contribution, the candidate may take one of the following actions: (A) Not later than 2 weeks after receiving the contribution, the candidate may return the subsequent contribution to the individual. In the case of a subsequent contribution which is not a qualified small dollar contribution because the contribution fails to meet the requirements of paragraph (3) of subsection (a) (relating to the aggregate amount of contributions made to the candidate or the authorized committees of the candidate by the individual making the contribution), the candidate may return an amount equal to the difference between the amount of the subsequent contribution and the amount described in paragraph (1)(B) of subsection (a). (B) The candidate may retain the subsequent contribution, so long as not later than 2 weeks after receiving the subsequent contribution, the candidate remits to the Commission an amount equal to any payments received by the candidate under this title which are attributable to the qualified small dollar contribution made by the individual involved. Such amount shall be used to supplement the allocation made to the Commission with respect to candidates from the State in which the candidate seeks office, as described in section 541(a). (3) No effect on ability to make multiple contributions \nNothing in this section may be construed to prohibit an individual from making multiple qualified small dollar contributions to any candidate or any number of candidates, so long as each contribution meets each of the requirements of paragraphs (1), (2), and (3) of subsection (a). (d) Notification requirements for candidates \n(1) Notification \nEach authorized committee of a candidate who seeks to be a participating candidate under this title shall provide the following information in any materials for the solicitation of contributions, including any internet site through which individuals may make contributions to the committee: (A) A statement that if the candidate is certified as a participating candidate under this title, the candidate will receive matching payments in an amount which is based on the total amount of qualified small dollar contributions received. (B) A statement that a contribution which meets the requirements set forth in subsection (a) shall be treated as a qualified small dollar contribution under this title. (C) A statement that if a contribution is treated as qualified small dollar contribution under this title, the individual who makes the contribution may not make any contribution to the candidate or the authorized committees of the candidate during the election cycle which is not a qualified small dollar contribution. (2) Alternative methods of meeting requirements \nAn authorized committee may meet the requirements of paragraph (1)— (A) by including the information described in paragraph (1) in the receipt provided under section 512(b)(3) to a person making a qualified small dollar contribution; or (B) by modifying the information it provides to persons making contributions which is otherwise required under title III (including information it provides through the internet).", "id": "HD26EBE8F3B46496ABEA7846F2291CC24", "header": "Qualified small dollar contributions described", "nested": [ { "text": "(a) In general \nIn this title, the term qualified small dollar contribution means, with respect to a candidate and the authorized committees of a candidate, a contribution that meets the following requirements: (1) The contribution is in an amount that is— (A) not less than $1; and (B) not more than $200. (2) (A) The contribution is made directly by an individual to the candidate or an authorized committee of the candidate and is not— (i) forwarded from the individual making the contribution to the candidate or committee by another person; or (ii) received by the candidate or committee with the knowledge that the contribution was made at the request, suggestion, or recommendation of another person. (B) In this paragraph— (i) the term person does not include an individual (other than an individual described in section 304(i)(7) of the Federal Election Campaign Act of 1971), a political committee of a political party, or any political committee which is not a separate segregated fund described in section 316(b) of the Federal Election Campaign Act of 1971 and which does not make contributions or independent expenditures, does not engage in lobbying activity under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ), and is not established by, controlled by, or affiliated with a registered lobbyist under such Act, an agent of a registered lobbyist under such Act, or an organization which retains or employs a registered lobbyist under such Act; and (ii) a contribution is not made at the request, suggestion, or recommendation of another person solely on the grounds that the contribution is made in response to information provided to the individual making the contribution by any person, so long as the candidate or authorized committee does not know the identity of the person who provided the information to such individual. (3) The individual who makes the contribution does not make contributions to the candidate or the authorized committees of the candidate with respect to the election involved in an aggregate amount that exceeds the amount described in paragraph (1)(B), or any contribution to the candidate or the authorized committees of the candidate with respect to the election involved that otherwise is not a qualified small dollar contribution.", "id": "H61A5983935EE46409FF6D0A960B5DC90", "header": "In general", "nested": [], "links": [ { "text": "2 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/2/1601" } ] }, { "text": "(b) Treatment of democracy credits \nAny payment received by a candidate and the authorized committees of a candidate which consists of a Democracy Credit under the Freedom to Vote Act shall be considered a qualified small dollar contribution for purposes of this title, so long as the individual making the payment meets the requirements of paragraphs (2) and (3) of subsection (a).", "id": "HEB5F376B813E4846BD17639E7D5DE524", "header": "Treatment of democracy credits", "nested": [], "links": [] }, { "text": "(c) Restriction on subsequent contributions \n(1) Prohibiting donor from making subsequent nonqualified contributions during election cycle \n(A) In general \nAn individual who makes a qualified small dollar contribution to a candidate or the authorized committees of a candidate with respect to an election may not make any subsequent contribution to such candidate or the authorized committees of such candidate with respect to the election cycle which is not a qualified small dollar contribution. (B) Exception for contributions to candidates who voluntarily withdraw from participation during qualifying period \nSubparagraph (A) does not apply with respect to a contribution made to a candidate who, during the Small Dollar Democracy qualifying period described in section 511(c), submits a statement to the Commission under section 513(c) to voluntarily withdraw from participating in the program under this title. (2) Treatment of subsequent nonqualified contributions \nIf, notwithstanding the prohibition described in paragraph (1), an individual who makes a qualified small dollar contribution to a candidate or the authorized committees of a candidate with respect to an election makes a subsequent contribution to such candidate or the authorized committees of such candidate with respect to the election which is prohibited under paragraph (1) because it is not a qualified small dollar contribution, the candidate may take one of the following actions: (A) Not later than 2 weeks after receiving the contribution, the candidate may return the subsequent contribution to the individual. In the case of a subsequent contribution which is not a qualified small dollar contribution because the contribution fails to meet the requirements of paragraph (3) of subsection (a) (relating to the aggregate amount of contributions made to the candidate or the authorized committees of the candidate by the individual making the contribution), the candidate may return an amount equal to the difference between the amount of the subsequent contribution and the amount described in paragraph (1)(B) of subsection (a). (B) The candidate may retain the subsequent contribution, so long as not later than 2 weeks after receiving the subsequent contribution, the candidate remits to the Commission an amount equal to any payments received by the candidate under this title which are attributable to the qualified small dollar contribution made by the individual involved. Such amount shall be used to supplement the allocation made to the Commission with respect to candidates from the State in which the candidate seeks office, as described in section 541(a). (3) No effect on ability to make multiple contributions \nNothing in this section may be construed to prohibit an individual from making multiple qualified small dollar contributions to any candidate or any number of candidates, so long as each contribution meets each of the requirements of paragraphs (1), (2), and (3) of subsection (a).", "id": "H63DA321457CE4C62B1C2F626543E53A5", "header": "Restriction on subsequent contributions", "nested": [], "links": [] }, { "text": "(d) Notification requirements for candidates \n(1) Notification \nEach authorized committee of a candidate who seeks to be a participating candidate under this title shall provide the following information in any materials for the solicitation of contributions, including any internet site through which individuals may make contributions to the committee: (A) A statement that if the candidate is certified as a participating candidate under this title, the candidate will receive matching payments in an amount which is based on the total amount of qualified small dollar contributions received. (B) A statement that a contribution which meets the requirements set forth in subsection (a) shall be treated as a qualified small dollar contribution under this title. (C) A statement that if a contribution is treated as qualified small dollar contribution under this title, the individual who makes the contribution may not make any contribution to the candidate or the authorized committees of the candidate during the election cycle which is not a qualified small dollar contribution. (2) Alternative methods of meeting requirements \nAn authorized committee may meet the requirements of paragraph (1)— (A) by including the information described in paragraph (1) in the receipt provided under section 512(b)(3) to a person making a qualified small dollar contribution; or (B) by modifying the information it provides to persons making contributions which is otherwise required under title III (including information it provides through the internet).", "id": "H5C43F4EEEAD0436B9BC9185837E12EED", "header": "Notification requirements for candidates", "nested": [], "links": [] } ], "links": [ { "text": "2 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/2/1601" } ] }, { "text": "511. Eligibility \n(a) In general \nA candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress is eligible to be certified as a participating candidate under this title with respect to an election if the candidate meets the following requirements: (1) The candidate files with the Commission a statement of intent to seek certification as a participating candidate. (2) The candidate meets the qualifying requirements of section 512. (3) The candidate files with the Commission a statement certifying that the authorized committees of the candidate meet the requirements of section 504(d). (4) Not later than the last day of the Small Dollar Democracy qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate's principal campaign committee declaring that the candidate— (A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 521; (B) if certified, will run only as a participating candidate for all elections for the office that such candidate is seeking during that election cycle; and (C) has either qualified or will take steps to qualify under State law to be on the ballot. (5) The candidate files with the Commission a certification that the candidate will not use any allocation from the Fund to directly or indirectly pay salaries, fees, consulting expenses, or any other compensation for services rendered to themselves, family members (including spouses as well as children, parents, siblings, or any of their spouses), or any entity or organization in which they have an ownership interest. (b) General election \nNotwithstanding subsection (a), a candidate shall not be eligible to be certified as a participating candidate under this title for a general election or a general runoff election unless the candidate’s party nominated the candidate to be placed on the ballot for the general election or the candidate is otherwise qualified to be on the ballot under State law. (c) Small Dollar Democracy qualifying period Defined \nThe term Small Dollar Democracy qualifying period means, with respect to any candidate for an office, the 180-day period (during the election cycle for such office) which begins on the date on which the candidate files a statement of intent under section 511(a)(1), except that such period may not continue after the date that is 30 days before the date of the general election for the office.", "id": "H8D2454A2284240FFBBBF2B1C48FB8FA9", "header": "Eligibility", "nested": [ { "text": "(a) In general \nA candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress is eligible to be certified as a participating candidate under this title with respect to an election if the candidate meets the following requirements: (1) The candidate files with the Commission a statement of intent to seek certification as a participating candidate. (2) The candidate meets the qualifying requirements of section 512. (3) The candidate files with the Commission a statement certifying that the authorized committees of the candidate meet the requirements of section 504(d). (4) Not later than the last day of the Small Dollar Democracy qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate's principal campaign committee declaring that the candidate— (A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 521; (B) if certified, will run only as a participating candidate for all elections for the office that such candidate is seeking during that election cycle; and (C) has either qualified or will take steps to qualify under State law to be on the ballot. (5) The candidate files with the Commission a certification that the candidate will not use any allocation from the Fund to directly or indirectly pay salaries, fees, consulting expenses, or any other compensation for services rendered to themselves, family members (including spouses as well as children, parents, siblings, or any of their spouses), or any entity or organization in which they have an ownership interest.", "id": "H3E5C003AA2CD49F4B13AF18FCFB60E09", "header": "In general", "nested": [], "links": [] }, { "text": "(b) General election \nNotwithstanding subsection (a), a candidate shall not be eligible to be certified as a participating candidate under this title for a general election or a general runoff election unless the candidate’s party nominated the candidate to be placed on the ballot for the general election or the candidate is otherwise qualified to be on the ballot under State law.", "id": "HB1241459A64B4DF9958198CBD3465D9C", "header": "General election", "nested": [], "links": [] }, { "text": "(c) Small Dollar Democracy qualifying period Defined \nThe term Small Dollar Democracy qualifying period means, with respect to any candidate for an office, the 180-day period (during the election cycle for such office) which begins on the date on which the candidate files a statement of intent under section 511(a)(1), except that such period may not continue after the date that is 30 days before the date of the general election for the office.", "id": "H82FA5343BECC411E8A3DB4552F0F778E", "header": "Small Dollar Democracy qualifying period Defined", "nested": [], "links": [] } ], "links": [] }, { "text": "512. Qualifying requirements \n(a) Receipt of qualified small dollar contributions \nA candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress meets the requirement of this section if, during the Small Dollar Democracy qualifying period described in section 511(c), each of the following occurs: (1) Not fewer than 1,000 individuals make a qualified small dollar contribution to the candidate. (2) The candidate obtains a total dollar amount of qualified small dollar contributions which is equal to or greater than $50,000. (b) Requirements relating to receipt of qualified small dollar contribution \nEach qualified small dollar contribution— (1) may be made by means of a personal check, money order, debit card, credit card, electronic payment account, or any other method deemed appropriate by the Division Director; (2) shall be accompanied by a signed statement (or, in the case of a contribution made online or through other electronic means, an electronic equivalent) containing the contributor’s name and address; and (3) shall be acknowledged by a receipt that is sent to the contributor with a copy (in paper or electronic form) kept by the candidate for the Commission. (c) Verification of contributions \n(1) Procedures \nThe Division Director shall establish procedures for the auditing and verification of the contributions received and expenditures made by participating candidates under this title, including procedures for random audits, to ensure that such contributions and expenditures meet the requirements of this title. (2) Authority of Commission to revise procedures \nThe Commission, by a vote of not fewer than four of its members, may revise the procedures established by the Division Director under this subsection.", "id": "H36E89A4E9A254FBE84C3C13047B89AE1", "header": "Qualifying requirements", "nested": [ { "text": "(a) Receipt of qualified small dollar contributions \nA candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress meets the requirement of this section if, during the Small Dollar Democracy qualifying period described in section 511(c), each of the following occurs: (1) Not fewer than 1,000 individuals make a qualified small dollar contribution to the candidate. (2) The candidate obtains a total dollar amount of qualified small dollar contributions which is equal to or greater than $50,000.", "id": "HEDFC5C6196AC4AB899981C17B19A9EBF", "header": "Receipt of qualified small dollar contributions", "nested": [], "links": [] }, { "text": "(b) Requirements relating to receipt of qualified small dollar contribution \nEach qualified small dollar contribution— (1) may be made by means of a personal check, money order, debit card, credit card, electronic payment account, or any other method deemed appropriate by the Division Director; (2) shall be accompanied by a signed statement (or, in the case of a contribution made online or through other electronic means, an electronic equivalent) containing the contributor’s name and address; and (3) shall be acknowledged by a receipt that is sent to the contributor with a copy (in paper or electronic form) kept by the candidate for the Commission.", "id": "H796BD8B36A4F47F68C9152C7CD611480", "header": "Requirements relating to receipt of qualified small dollar contribution", "nested": [], "links": [] }, { "text": "(c) Verification of contributions \n(1) Procedures \nThe Division Director shall establish procedures for the auditing and verification of the contributions received and expenditures made by participating candidates under this title, including procedures for random audits, to ensure that such contributions and expenditures meet the requirements of this title. (2) Authority of Commission to revise procedures \nThe Commission, by a vote of not fewer than four of its members, may revise the procedures established by the Division Director under this subsection.", "id": "H50FC951648514689AE4F0C0294B15392", "header": "Verification of contributions", "nested": [], "links": [] } ], "links": [] }, { "text": "513. Certification \n(a) Deadline and Notification \n(1) In general \nNot later than 5 business days after a candidate files an affidavit under section 511(a)(4), the Division Director shall— (A) determine whether or not the candidate meets the requirements for certification as a participating candidate; (B) if the Division Director determines that the candidate meets such requirements, certify the candidate as a participating candidate; and (C) notify the candidate of the Division Director’s determination. (2) Deemed certification for all elections in election cycle \nIf the Division Director certifies a candidate as a participating candidate with respect to the first election of the election cycle involved, the Division Director shall be deemed to have certified the candidate as a participating candidate with respect to all subsequent elections of the election cycle. (3) Authority of Commission to reverse determination by Division Director \nDuring the 10-day period which begins on the date the Division Director makes a determination under this subsection, the Commission, by a vote of not fewer than four of its members, may review and reverse the determination. If the Commission reverses the determination, the Commission shall promptly notify the candidate involved. (b) Revocation of certification \n(1) In general \nThe Division Director shall revoke a certification under subsection (a) if— (A) a candidate fails to qualify to appear on the ballot at any time after the date of certification (other than a candidate certified as a participating candidate with respect to a primary election who fails to qualify to appear on the ballot for a subsequent election in that election cycle); (B) a candidate ceases to be a candidate for the office involved, as determined on the basis of an official announcement by an authorized committee of the candidate or on the basis of a reasonable determination by the Commission; or (C) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. (2) Existence of criminal sanction \nThe Division Director shall revoke a certification under subsection (a) if a penalty is assessed against the candidate under section 309(d) with respect to the election. (3) Effect of revocation \nIf a candidate’s certification is revoked under this subsection— (A) the candidate may not receive payments under this title during the remainder of the election cycle involved; and (B) in the case of a candidate whose certification is revoked pursuant to subparagraph (A) or subparagraph (C) of paragraph (1)— (i) the candidate shall repay to the Commission an amount equal to the payments received under this title with respect to the election cycle involved plus interest (at a rate determined by the Commission on the basis of an appropriate annual percentage rate for the month involved) on any such amount received, which shall be used by the Commission to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a); and (ii) the candidate may not be certified as a participating candidate under this title with respect to the next election cycle. (4) Prohibiting participation in future elections for candidates with multiple revocations \nIf the Division Director revokes the certification of an individual as a participating candidate under this title pursuant to subparagraph (A) or subparagraph (C) of paragraph (1) a total of 3 times, the individual may not be certified as a participating candidate under this title with respect to any subsequent election. (5) Authority of Commission to reverse revocation by Division Director \nDuring the 10-day period which begins on the date the Division Director makes a determination under this subsection, the Commission, by a vote of not fewer than four of its members, may review and reverse the determination. If the Commission reverses the determination, the Commission shall promptly notify the candidate involved. (c) Voluntary withdrawal from participating during qualifying period \nAt any time during the Small Dollar Democracy qualifying period described in section 511(c), a candidate may withdraw from participation in the program under this title by submitting to the Commission a statement of withdrawal (without regard to whether or not the Commission has certified the candidate as a participating candidate under this title as of the time the candidate submits such statement), so long as the candidate has not submitted a request for payment under section 502. (d) Participating Candidate defined \nIn this title, a participating candidate means a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is certified under this section as eligible to receive benefits under this title.", "id": "H3A5CAD1257674C40BD53C1AA105B817F", "header": "Certification", "nested": [ { "text": "(a) Deadline and Notification \n(1) In general \nNot later than 5 business days after a candidate files an affidavit under section 511(a)(4), the Division Director shall— (A) determine whether or not the candidate meets the requirements for certification as a participating candidate; (B) if the Division Director determines that the candidate meets such requirements, certify the candidate as a participating candidate; and (C) notify the candidate of the Division Director’s determination. (2) Deemed certification for all elections in election cycle \nIf the Division Director certifies a candidate as a participating candidate with respect to the first election of the election cycle involved, the Division Director shall be deemed to have certified the candidate as a participating candidate with respect to all subsequent elections of the election cycle. (3) Authority of Commission to reverse determination by Division Director \nDuring the 10-day period which begins on the date the Division Director makes a determination under this subsection, the Commission, by a vote of not fewer than four of its members, may review and reverse the determination. If the Commission reverses the determination, the Commission shall promptly notify the candidate involved.", "id": "H8A5D09981C0F4E78BE0ED254C734DE22", "header": "Deadline and Notification", "nested": [], "links": [] }, { "text": "(b) Revocation of certification \n(1) In general \nThe Division Director shall revoke a certification under subsection (a) if— (A) a candidate fails to qualify to appear on the ballot at any time after the date of certification (other than a candidate certified as a participating candidate with respect to a primary election who fails to qualify to appear on the ballot for a subsequent election in that election cycle); (B) a candidate ceases to be a candidate for the office involved, as determined on the basis of an official announcement by an authorized committee of the candidate or on the basis of a reasonable determination by the Commission; or (C) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. (2) Existence of criminal sanction \nThe Division Director shall revoke a certification under subsection (a) if a penalty is assessed against the candidate under section 309(d) with respect to the election. (3) Effect of revocation \nIf a candidate’s certification is revoked under this subsection— (A) the candidate may not receive payments under this title during the remainder of the election cycle involved; and (B) in the case of a candidate whose certification is revoked pursuant to subparagraph (A) or subparagraph (C) of paragraph (1)— (i) the candidate shall repay to the Commission an amount equal to the payments received under this title with respect to the election cycle involved plus interest (at a rate determined by the Commission on the basis of an appropriate annual percentage rate for the month involved) on any such amount received, which shall be used by the Commission to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a); and (ii) the candidate may not be certified as a participating candidate under this title with respect to the next election cycle. (4) Prohibiting participation in future elections for candidates with multiple revocations \nIf the Division Director revokes the certification of an individual as a participating candidate under this title pursuant to subparagraph (A) or subparagraph (C) of paragraph (1) a total of 3 times, the individual may not be certified as a participating candidate under this title with respect to any subsequent election. (5) Authority of Commission to reverse revocation by Division Director \nDuring the 10-day period which begins on the date the Division Director makes a determination under this subsection, the Commission, by a vote of not fewer than four of its members, may review and reverse the determination. If the Commission reverses the determination, the Commission shall promptly notify the candidate involved.", "id": "HAC6C8F03672A4541BF8599E4197CBAE4", "header": "Revocation of certification", "nested": [], "links": [] }, { "text": "(c) Voluntary withdrawal from participating during qualifying period \nAt any time during the Small Dollar Democracy qualifying period described in section 511(c), a candidate may withdraw from participation in the program under this title by submitting to the Commission a statement of withdrawal (without regard to whether or not the Commission has certified the candidate as a participating candidate under this title as of the time the candidate submits such statement), so long as the candidate has not submitted a request for payment under section 502.", "id": "HC801874DB4D641AC92C952D86B9057D1", "header": "Voluntary withdrawal from participating during qualifying period", "nested": [], "links": [] }, { "text": "(d) Participating Candidate defined \nIn this title, a participating candidate means a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is certified under this section as eligible to receive benefits under this title.", "id": "H121718E7BD2046AAB9B609D491A49978", "header": "Participating Candidate defined", "nested": [], "links": [] } ], "links": [] }, { "text": "521. Contribution and expenditure requirements \n(a) Permitted sources of contributions and expenditures \nExcept as provided in subsection (c), a participating candidate with respect to an election shall, with respect to all elections occurring during the election cycle for the office involved, accept no contributions from any source and make no expenditures from any amounts, other than the following: (1) Qualified small dollar contributions. (2) Payments under this title. (3) Contributions from political committees established and maintained by a national or State political party, subject to the applicable limitations of section 315. (4) Subject to subsection (b), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions). (5) Contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed $1,000. (6) Contributions from multicandidate political committees, subject to the applicable limitations of section 315. (b) Special rules for personal funds \n(1) Limit on amount \nA candidate who is certified as a participating candidate may use personal funds (including personal funds of any immediate family member of the candidate) so long as— (A) the aggregate amount used with respect to the election cycle (including any period of the cycle occurring prior to the candidate’s certification as a participating candidate) does not exceed $50,000; and (B) the funds are used only for making direct payments for the receipt of goods and services which constitute authorized expenditures in connection with the election cycle involved. (2) Immediate family member defined \nIn this subsection, the term immediate family member means, with respect to a candidate— (A) the candidate’s spouse; (B) a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate’s spouse; and (C) the spouse of any person described in subparagraph (B). (c) Exceptions \n(1) Exception for contributions received prior to filing of statement of intent \nA candidate who has accepted contributions that are not described in subsection (a) is not in violation of subsection (a), but only if all such contributions are— (A) returned to the contributor; (B) submitted to the Commission, to be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a); or (C) spent in accordance with paragraph (2). (2) Exception for expenditures made prior to filing of statement of intent \nIf a candidate has made expenditures prior to the date the candidate files a statement of intent under section 511(a)(1) that the candidate is prohibited from making under subsection (a) or subsection (b), the candidate is not in violation of such subsection if the aggregate amount of the prohibited expenditures is less than the amount referred to in section 512(a)(2) (relating to the total dollar amount of qualified small dollar contributions which the candidate is required to obtain) which is applicable to the candidate. (3) Exception for campaign surpluses from a previous election \nNotwithstanding paragraph (1), unexpended contributions received by the candidate or an authorized committee of the candidate with respect to a previous election may be retained, but only if the candidate places the funds in escrow and refrains from raising additional funds for or spending funds from that account during the election cycle in which a candidate is a participating candidate. (4) Exception for contributions received before the effective date of this title \nContributions received and expenditures made by the candidate or an authorized committee of the candidate prior to the effective date of this title shall not constitute a violation of subsection (a) or (b). Unexpended contributions shall be treated the same as campaign surpluses under paragraph (3), and expenditures made shall count against the limit in paragraph (2). (d) Special Rule for Coordinated Party Expenditures \nFor purposes of this section, a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate. (e) Prohibition on joint fundraising committees \n(1) Prohibition \nAn authorized committee of a candidate who is certified as a participating candidate under this title with respect to an election may not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate. (2) Status of existing committees for prior elections \nIf a candidate established a joint fundraising committee described in paragraph (1) with respect to a prior election for which the candidate was not certified as a participating candidate under this title and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of paragraph (1) so long as that joint fundraising committee does not receive any contributions or make any disbursements during the election cycle for which the candidate is certified as a participating candidate under this title. (f) Prohibition on Leadership PACs \n(1) Prohibition \nA candidate who is certified as a participating candidate under this title with respect to an election may not associate with, establish, finance, maintain, or control a leadership PAC. (2) Status of existing leadership PACs \nIf a candidate established, financed, maintained, or controlled a leadership PAC prior to being certified as a participating candidate under this title and the candidate does not terminate the leadership PAC, the candidate shall not be considered to be in violation of paragraph (1) so long as the leadership PAC does not receive any contributions or make any disbursements during the election cycle for which the candidate is certified as a participating candidate under this title. (3) Leadership PAC defined \nIn this subsection, the term leadership PAC has the meaning given such term in section 304(i)(8)(B).", "id": "HDA74D9C2E96F4279B48D1793534EBC76", "header": "Contribution and expenditure requirements", "nested": [ { "text": "(a) Permitted sources of contributions and expenditures \nExcept as provided in subsection (c), a participating candidate with respect to an election shall, with respect to all elections occurring during the election cycle for the office involved, accept no contributions from any source and make no expenditures from any amounts, other than the following: (1) Qualified small dollar contributions. (2) Payments under this title. (3) Contributions from political committees established and maintained by a national or State political party, subject to the applicable limitations of section 315. (4) Subject to subsection (b), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions). (5) Contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed $1,000. (6) Contributions from multicandidate political committees, subject to the applicable limitations of section 315.", "id": "HD05CF35A12F84D7F87711A632E177F5C", "header": "Permitted sources of contributions and expenditures", "nested": [], "links": [] }, { "text": "(b) Special rules for personal funds \n(1) Limit on amount \nA candidate who is certified as a participating candidate may use personal funds (including personal funds of any immediate family member of the candidate) so long as— (A) the aggregate amount used with respect to the election cycle (including any period of the cycle occurring prior to the candidate’s certification as a participating candidate) does not exceed $50,000; and (B) the funds are used only for making direct payments for the receipt of goods and services which constitute authorized expenditures in connection with the election cycle involved. (2) Immediate family member defined \nIn this subsection, the term immediate family member means, with respect to a candidate— (A) the candidate’s spouse; (B) a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate’s spouse; and (C) the spouse of any person described in subparagraph (B).", "id": "H1F361E281AEC4C718CFAFF5E8CA58258", "header": "Special rules for personal funds", "nested": [], "links": [] }, { "text": "(c) Exceptions \n(1) Exception for contributions received prior to filing of statement of intent \nA candidate who has accepted contributions that are not described in subsection (a) is not in violation of subsection (a), but only if all such contributions are— (A) returned to the contributor; (B) submitted to the Commission, to be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a); or (C) spent in accordance with paragraph (2). (2) Exception for expenditures made prior to filing of statement of intent \nIf a candidate has made expenditures prior to the date the candidate files a statement of intent under section 511(a)(1) that the candidate is prohibited from making under subsection (a) or subsection (b), the candidate is not in violation of such subsection if the aggregate amount of the prohibited expenditures is less than the amount referred to in section 512(a)(2) (relating to the total dollar amount of qualified small dollar contributions which the candidate is required to obtain) which is applicable to the candidate. (3) Exception for campaign surpluses from a previous election \nNotwithstanding paragraph (1), unexpended contributions received by the candidate or an authorized committee of the candidate with respect to a previous election may be retained, but only if the candidate places the funds in escrow and refrains from raising additional funds for or spending funds from that account during the election cycle in which a candidate is a participating candidate. (4) Exception for contributions received before the effective date of this title \nContributions received and expenditures made by the candidate or an authorized committee of the candidate prior to the effective date of this title shall not constitute a violation of subsection (a) or (b). Unexpended contributions shall be treated the same as campaign surpluses under paragraph (3), and expenditures made shall count against the limit in paragraph (2).", "id": "H6C47B54EF3F747F5880506FAB5D4C8E7", "header": "Exceptions", "nested": [], "links": [] }, { "text": "(d) Special Rule for Coordinated Party Expenditures \nFor purposes of this section, a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate.", "id": "HF307DA90ADE140DE89BA1A345B79782B", "header": "Special Rule for Coordinated Party Expenditures", "nested": [], "links": [] }, { "text": "(e) Prohibition on joint fundraising committees \n(1) Prohibition \nAn authorized committee of a candidate who is certified as a participating candidate under this title with respect to an election may not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate. (2) Status of existing committees for prior elections \nIf a candidate established a joint fundraising committee described in paragraph (1) with respect to a prior election for which the candidate was not certified as a participating candidate under this title and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of paragraph (1) so long as that joint fundraising committee does not receive any contributions or make any disbursements during the election cycle for which the candidate is certified as a participating candidate under this title.", "id": "HEE2BE5A5383E46DC8B8A12F1A9749BF3", "header": "Prohibition on joint fundraising committees", "nested": [], "links": [] }, { "text": "(f) Prohibition on Leadership PACs \n(1) Prohibition \nA candidate who is certified as a participating candidate under this title with respect to an election may not associate with, establish, finance, maintain, or control a leadership PAC. (2) Status of existing leadership PACs \nIf a candidate established, financed, maintained, or controlled a leadership PAC prior to being certified as a participating candidate under this title and the candidate does not terminate the leadership PAC, the candidate shall not be considered to be in violation of paragraph (1) so long as the leadership PAC does not receive any contributions or make any disbursements during the election cycle for which the candidate is certified as a participating candidate under this title. (3) Leadership PAC defined \nIn this subsection, the term leadership PAC has the meaning given such term in section 304(i)(8)(B).", "id": "HE56073F6611946468C410E6D7C4FECDA", "header": "Prohibition on Leadership PACs", "nested": [], "links": [] } ], "links": [] }, { "text": "522. Administration of campaign \n(a) Separate accounting for various permitted contributions \nEach authorized committee of a candidate certified as a participating candidate under this title— (1) shall provide for separate accounting of each type of contribution described in section 521(a) which is received by the committee; and (2) shall provide for separate accounting for the payments received under this title. (b) Enhanced disclosure of information on donors \n(1) Mandatory identification of individuals making qualified small dollar contributions \nEach authorized committee of a participating candidate under this title shall, in accordance with section 304(b)(3)(A), include in the reports the committee submits under section 304 the identification of each person who makes a qualified small dollar contribution to the committee. (2) Mandatory disclosure through Internet \nEach authorized committee of a participating candidate under this title shall ensure that all information reported to the Commission under this Act with respect to contributions and expenditures of the committee is available to the public on the internet (whether through a site established for purposes of this subsection, a hyperlink on another public site of the committee, or a hyperlink on a report filed electronically with the Commission) in a searchable, sortable, and downloadable manner.", "id": "HD14804A1BBB54C7794B27A6C11F6E6D0", "header": "Administration of campaign", "nested": [ { "text": "(a) Separate accounting for various permitted contributions \nEach authorized committee of a candidate certified as a participating candidate under this title— (1) shall provide for separate accounting of each type of contribution described in section 521(a) which is received by the committee; and (2) shall provide for separate accounting for the payments received under this title.", "id": "H2F2C5866C4334331980657698651FE20", "header": "Separate accounting for various permitted contributions", "nested": [], "links": [] }, { "text": "(b) Enhanced disclosure of information on donors \n(1) Mandatory identification of individuals making qualified small dollar contributions \nEach authorized committee of a participating candidate under this title shall, in accordance with section 304(b)(3)(A), include in the reports the committee submits under section 304 the identification of each person who makes a qualified small dollar contribution to the committee. (2) Mandatory disclosure through Internet \nEach authorized committee of a participating candidate under this title shall ensure that all information reported to the Commission under this Act with respect to contributions and expenditures of the committee is available to the public on the internet (whether through a site established for purposes of this subsection, a hyperlink on another public site of the committee, or a hyperlink on a report filed electronically with the Commission) in a searchable, sortable, and downloadable manner.", "id": "H8F9E3C97526A4624AE2650AF6FDFA735", "header": "Enhanced disclosure of information on donors", "nested": [], "links": [] } ], "links": [] }, { "text": "523. Preventing unnecessary spending of matching funds \n(a) Mandatory spending of available private funds \nAn authorized committee of a candidate certified as a participating candidate under this title may not make any expenditure of any payments received under this title in any amount unless the committee has made an expenditure in an equivalent amount of funds received by the committee which are described in paragraphs (1), (3), (4), (5), and (6) of section 521(a). (b) Limitation \nSubsection (a) applies to an authorized committee only to the extent that the funds referred to in such subsection are available to the committee at the time the committee makes an expenditure of a payment received under this title.", "id": "H8FD3913D0D0F497A818AC569D2644F7D", "header": "Preventing unnecessary spending of matching funds", "nested": [ { "text": "(a) Mandatory spending of available private funds \nAn authorized committee of a candidate certified as a participating candidate under this title may not make any expenditure of any payments received under this title in any amount unless the committee has made an expenditure in an equivalent amount of funds received by the committee which are described in paragraphs (1), (3), (4), (5), and (6) of section 521(a).", "id": "H83B3918F11A14CA7A889457D5CD8A286", "header": "Mandatory spending of available private funds", "nested": [], "links": [] }, { "text": "(b) Limitation \nSubsection (a) applies to an authorized committee only to the extent that the funds referred to in such subsection are available to the committee at the time the committee makes an expenditure of a payment received under this title.", "id": "H4ADD18476C1E4E7C8DE2F94554589CA7", "header": "Limitation", "nested": [], "links": [] } ], "links": [] }, { "text": "524. Remitting unspent funds after election \n(a) Remittance required \nNot later than the date that is 180 days after the last election for which a candidate certified as a participating candidate qualifies to be on the ballot during the election cycle involved, such participating candidate shall remit to the Commission an amount equal to the balance of the payments received under this title by the authorized committees of the candidate which remain unexpended as of such date, which shall be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a). (b) Permitting candidates participating in next election cycle To retain portion of unspent funds \nNotwithstanding subsection (a), a participating candidate may withhold not more than $100,000 from the amount required to be remitted under subsection (a) if the candidate files a signed affidavit with the Commission that the candidate will seek certification as a participating candidate with respect to the next election cycle, except that the candidate may not use any portion of the amount withheld until the candidate is certified as a participating candidate with respect to that next election cycle. If the candidate fails to seek certification as a participating candidate prior to the last day of the Small Dollar Democracy qualifying period for the next election cycle (as described in section 511), or if the Commission notifies the candidate of the Commission’s determination does not meet the requirements for certification as a participating candidate with respect to such cycle, the candidate shall immediately remit to the Commission the amount withheld.", "id": "H85AA8CF29B104B55BC4323B477791C35", "header": "Remitting unspent funds after election", "nested": [ { "text": "(a) Remittance required \nNot later than the date that is 180 days after the last election for which a candidate certified as a participating candidate qualifies to be on the ballot during the election cycle involved, such participating candidate shall remit to the Commission an amount equal to the balance of the payments received under this title by the authorized committees of the candidate which remain unexpended as of such date, which shall be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a).", "id": "H3B59BBA39B3E4B649E25FD647B3D40F3", "header": "Remittance required", "nested": [], "links": [] }, { "text": "(b) Permitting candidates participating in next election cycle To retain portion of unspent funds \nNotwithstanding subsection (a), a participating candidate may withhold not more than $100,000 from the amount required to be remitted under subsection (a) if the candidate files a signed affidavit with the Commission that the candidate will seek certification as a participating candidate with respect to the next election cycle, except that the candidate may not use any portion of the amount withheld until the candidate is certified as a participating candidate with respect to that next election cycle. If the candidate fails to seek certification as a participating candidate prior to the last day of the Small Dollar Democracy qualifying period for the next election cycle (as described in section 511), or if the Commission notifies the candidate of the Commission’s determination does not meet the requirements for certification as a participating candidate with respect to such cycle, the candidate shall immediately remit to the Commission the amount withheld.", "id": "HF0643C01B3A14714A7FEC7BEF38428AA", "header": "Permitting candidates participating in next election cycle To retain portion of unspent funds", "nested": [], "links": [] } ], "links": [] }, { "text": "531. Enhanced support for general election \n(a) Availability of Enhanced Support \nIn addition to the payments made under subtitle A, the Division Director shall make an additional payment to an eligible candidate under this subtitle. (b) Use of funds \nA candidate shall use the additional payment under this subtitle only for authorized expenditures in connection with the election involved.", "id": "HD774CA6E5BFE4F74925922854CE17087", "header": "Enhanced support for general election", "nested": [ { "text": "(a) Availability of Enhanced Support \nIn addition to the payments made under subtitle A, the Division Director shall make an additional payment to an eligible candidate under this subtitle.", "id": "H32425D8A7D0D4191A9C2061DECEE7FFF", "header": "Availability of Enhanced Support", "nested": [], "links": [] }, { "text": "(b) Use of funds \nA candidate shall use the additional payment under this subtitle only for authorized expenditures in connection with the election involved.", "id": "HBA23EEF3664746A682886BECFB657D3F", "header": "Use of funds", "nested": [], "links": [] } ], "links": [] }, { "text": "532. Eligibility \n(a) In General \nA candidate is eligible to receive an additional payment under this subtitle if the candidate meets each of the following requirements: (1) The candidate is on the ballot for the general election for the office the candidate seeks. (2) The candidate is certified as a participating candidate under this title with respect to the election. (3) During the enhanced support qualifying period, the candidate receives qualified small dollar contributions in a total amount of not less than $50,000. (4) During the enhanced support qualifying period, the candidate submits to the Division Director a request for the payment which includes— (A) a statement of the number and amount of qualified small dollar contributions received by the candidate during the enhanced support qualifying period; (B) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; and (C) such other information and assurances as the Division Director may require. (5) After submitting a request for the additional payment under paragraph (4), the candidate does not submit any other application for an additional payment under this subtitle. (b) Enhanced Support Qualifying Period Described \nIn this subtitle, the term enhanced support qualifying period means, with respect to a general election, the period which begins 60 days before the date of the election and ends 14 days before the date of the election.", "id": "H2DD9D7327BD24D28818CFE78DD1A53EA", "header": "Eligibility", "nested": [ { "text": "(a) In General \nA candidate is eligible to receive an additional payment under this subtitle if the candidate meets each of the following requirements: (1) The candidate is on the ballot for the general election for the office the candidate seeks. (2) The candidate is certified as a participating candidate under this title with respect to the election. (3) During the enhanced support qualifying period, the candidate receives qualified small dollar contributions in a total amount of not less than $50,000. (4) During the enhanced support qualifying period, the candidate submits to the Division Director a request for the payment which includes— (A) a statement of the number and amount of qualified small dollar contributions received by the candidate during the enhanced support qualifying period; (B) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; and (C) such other information and assurances as the Division Director may require. (5) After submitting a request for the additional payment under paragraph (4), the candidate does not submit any other application for an additional payment under this subtitle.", "id": "HAA3B455CB4584571B0B8A0B8FCAC902B", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Enhanced Support Qualifying Period Described \nIn this subtitle, the term enhanced support qualifying period means, with respect to a general election, the period which begins 60 days before the date of the election and ends 14 days before the date of the election.", "id": "H85E7F214980746F98ECB8872E425962C", "header": "Enhanced Support Qualifying Period Described", "nested": [], "links": [] } ], "links": [] }, { "text": "533. Amount \n(a) In General \nSubject to subsection (b), the amount of the additional payment made to an eligible candidate under this subtitle shall be an amount equal to 50 percent of— (1) the amount of the payment made to the candidate under section 501(b) with respect to the qualified small dollar contributions which are received by the candidate during the enhanced support qualifying period (as included in the request submitted by the candidate under section 532(a)(4)); or (2) in the case of a candidate who is not eligible to receive a payment under section 501(b) with respect to such qualified small dollar contributions because the candidate has reached the limit on the aggregate amount of payments under subtitle A for the election cycle under section 501(c), the amount of the payment which would have been made to the candidate under section 501(b) with respect to such qualified small dollar contributions if the candidate had not reached such limit. (b) Limit \nThe amount of the additional payment determined under subsection (a) with respect to a candidate may not exceed $500,000. (c) No Effect on Aggregate Limit \nThe amount of the additional payment made to a candidate under this subtitle shall not be included in determining the aggregate amount of payments made to a participating candidate with respect to an election cycle under section 501(c).", "id": "H1C27BA2B1D044190BBBD15AE494C766B", "header": "Amount", "nested": [ { "text": "(a) In General \nSubject to subsection (b), the amount of the additional payment made to an eligible candidate under this subtitle shall be an amount equal to 50 percent of— (1) the amount of the payment made to the candidate under section 501(b) with respect to the qualified small dollar contributions which are received by the candidate during the enhanced support qualifying period (as included in the request submitted by the candidate under section 532(a)(4)); or (2) in the case of a candidate who is not eligible to receive a payment under section 501(b) with respect to such qualified small dollar contributions because the candidate has reached the limit on the aggregate amount of payments under subtitle A for the election cycle under section 501(c), the amount of the payment which would have been made to the candidate under section 501(b) with respect to such qualified small dollar contributions if the candidate had not reached such limit.", "id": "HFE9972499182418DBF254BA538287ED2", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Limit \nThe amount of the additional payment determined under subsection (a) with respect to a candidate may not exceed $500,000.", "id": "H9C233EB7D44945EE8A7CF0E074271413", "header": "Limit", "nested": [], "links": [] }, { "text": "(c) No Effect on Aggregate Limit \nThe amount of the additional payment made to a candidate under this subtitle shall not be included in determining the aggregate amount of payments made to a participating candidate with respect to an election cycle under section 501(c).", "id": "H9D714D9AFFBB47D9AEFCCB41CB323A1D", "header": "No Effect on Aggregate Limit", "nested": [], "links": [] } ], "links": [] }, { "text": "534. Waiver of authority to retain portion of unspent funds after election \nNotwithstanding section 524(a)(2), a candidate who receives an additional payment under this subtitle with respect to an election is not permitted to withhold any portion from the amount of unspent funds the candidate is required to remit to the Commission under section 524(a)(1).", "id": "H17DC69CEDE99426E884C852589F6D10B", "header": "Waiver of authority to retain portion of unspent funds after election", "nested": [], "links": [] }, { "text": "541. Source of payments \n(a) Allocations from State Election Assistance and Innovation Trust Fund \nThe amounts used to make payments to participating candidates under this title who seek office in a State shall be derived from the allocations made to the Commission with respect to the State from the State Election Assistance and Innovation Trust Fund (hereafter referred to as the Fund ) under section 8012 of the Freedom to Vote Act , as provided under section 8005(c) of such Act. (b) Use of allocations To make payments to participating candidates \n(1) Payments to participating candidates \nThe allocations made to the Commission as described in subsection (a) shall be available without further appropriation or fiscal year limitation to make payments to participating candidates as provided in this title. (2) Ongoing review to determine sufficiency of State allocations \n(A) Ongoing review \nNot later than 90 days before the first day of each election cycle (beginning with the first election cycle that begins after the date of the enactment of this title), and on an ongoing basis until the end of the election cycle, the Division Director, in consultation with the Director of the Office of Democracy Advancement and Innovation, shall determine whether the amount of the allocation made to the Commission with respect to candidates who seek office in a State as described in subsection (a) will be sufficient to make payments to participating candidates in the State in the amounts provided in this title during such election cycle. (B) Opportunity for State to increase allocation \nIf, at any time the Division Director determines under subparagraph (A) that the amount anticipated to be available in the Fund for payments to participating candidates in a State with respect to the election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of participating candidates in the State to payments under this title for such election cycle— (i) the Division Director shall notify the State and Congress; and (ii) the State may direct the Director of the Office of Democracy Advancement and Innovation to direct the Secretary of the Treasury to use the funds described in subparagraph (C), in such amounts as the State may direct, as an additional allocation to the Commission with respect to the State for purposes of subsection (a), in accordance with section 8012 of the Freedom to Vote Act. (C) Funds described \nThe funds described in this subparagraph are funds which were allocated to the State under the Democracy Advancement and Innovation Program under subtitle A of title VIII of the Freedom to Vote Act which, under the State plan under section 8002 of such Act, were to be used for democracy promotion activities described in paragraph (1), (2)(B), (2)(C), or (3) of section 8001(b) of such Act but which remain unobligated. (3) Elimination of limit of amount of qualified small donor contributions \n(A) Elimination of limit \nIf, after notifying the State under paragraph (2)(B)(i) and (if the State so elects) the State directs under paragraph (2)(B)(ii) an additional allocation to the Commission as provided under such subparagraph, the Division Director determines under paragraph (2)(A) that the amount anticipated to be available in the Fund (after such additional allocation) for payments to participating candidates in the State with respect to the election cycle involved is still not, or may still not be, sufficient to satisfy the full entitlements of participating candidates in the State to payments under this title for such election cycle, the limit on the amount of a qualified small donor contribution under section 504(a)(1)(B) shall not apply with respect to a participating candidate in the State under this title. Nothing in this subparagraph may be construed to waive the limit on the aggregate amount of contributions a participating candidate may accept from any individual under section 521(a)(5). (B) Determination of amount of payment to candidate \nIn determining under section 501(b) the amount of the payment made to a participating candidate for whom the limit on the amount of a qualified small donor contribution does not apply pursuant to subparagraph (A), there shall be excluded any qualified small donor contribution to the extent that the amount contributed by the individual involved exceeds the limit on the amount of such a contribution under section 504(a)(1)(B). (C) No use of amounts from other sources \nIn any case in which the Division Director determines that the allocation made to the Commission with respect to candidates in a State as described in subsection (a) is insufficient to make payments to participating candidates in the State under this title (taking into account any increase in the allocation under paragraph (2)), moneys shall not be made available from any other source for the purpose of making such payments. (c) Effective date \nThis section shall take effect on the date of the enactment of this title, without regard to whether or not regulations have been promulgated to carry out this section.", "id": "H548CE9095B5249028439C8B9C31E79E3", "header": "Source of payments", "nested": [ { "text": "(a) Allocations from State Election Assistance and Innovation Trust Fund \nThe amounts used to make payments to participating candidates under this title who seek office in a State shall be derived from the allocations made to the Commission with respect to the State from the State Election Assistance and Innovation Trust Fund (hereafter referred to as the Fund ) under section 8012 of the Freedom to Vote Act , as provided under section 8005(c) of such Act.", "id": "H0900BC5730FA4CFD833F2DE26104E546", "header": "Allocations from State Election Assistance and Innovation Trust Fund", "nested": [], "links": [] }, { "text": "(b) Use of allocations To make payments to participating candidates \n(1) Payments to participating candidates \nThe allocations made to the Commission as described in subsection (a) shall be available without further appropriation or fiscal year limitation to make payments to participating candidates as provided in this title. (2) Ongoing review to determine sufficiency of State allocations \n(A) Ongoing review \nNot later than 90 days before the first day of each election cycle (beginning with the first election cycle that begins after the date of the enactment of this title), and on an ongoing basis until the end of the election cycle, the Division Director, in consultation with the Director of the Office of Democracy Advancement and Innovation, shall determine whether the amount of the allocation made to the Commission with respect to candidates who seek office in a State as described in subsection (a) will be sufficient to make payments to participating candidates in the State in the amounts provided in this title during such election cycle. (B) Opportunity for State to increase allocation \nIf, at any time the Division Director determines under subparagraph (A) that the amount anticipated to be available in the Fund for payments to participating candidates in a State with respect to the election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of participating candidates in the State to payments under this title for such election cycle— (i) the Division Director shall notify the State and Congress; and (ii) the State may direct the Director of the Office of Democracy Advancement and Innovation to direct the Secretary of the Treasury to use the funds described in subparagraph (C), in such amounts as the State may direct, as an additional allocation to the Commission with respect to the State for purposes of subsection (a), in accordance with section 8012 of the Freedom to Vote Act. (C) Funds described \nThe funds described in this subparagraph are funds which were allocated to the State under the Democracy Advancement and Innovation Program under subtitle A of title VIII of the Freedom to Vote Act which, under the State plan under section 8002 of such Act, were to be used for democracy promotion activities described in paragraph (1), (2)(B), (2)(C), or (3) of section 8001(b) of such Act but which remain unobligated. (3) Elimination of limit of amount of qualified small donor contributions \n(A) Elimination of limit \nIf, after notifying the State under paragraph (2)(B)(i) and (if the State so elects) the State directs under paragraph (2)(B)(ii) an additional allocation to the Commission as provided under such subparagraph, the Division Director determines under paragraph (2)(A) that the amount anticipated to be available in the Fund (after such additional allocation) for payments to participating candidates in the State with respect to the election cycle involved is still not, or may still not be, sufficient to satisfy the full entitlements of participating candidates in the State to payments under this title for such election cycle, the limit on the amount of a qualified small donor contribution under section 504(a)(1)(B) shall not apply with respect to a participating candidate in the State under this title. Nothing in this subparagraph may be construed to waive the limit on the aggregate amount of contributions a participating candidate may accept from any individual under section 521(a)(5). (B) Determination of amount of payment to candidate \nIn determining under section 501(b) the amount of the payment made to a participating candidate for whom the limit on the amount of a qualified small donor contribution does not apply pursuant to subparagraph (A), there shall be excluded any qualified small donor contribution to the extent that the amount contributed by the individual involved exceeds the limit on the amount of such a contribution under section 504(a)(1)(B). (C) No use of amounts from other sources \nIn any case in which the Division Director determines that the allocation made to the Commission with respect to candidates in a State as described in subsection (a) is insufficient to make payments to participating candidates in the State under this title (taking into account any increase in the allocation under paragraph (2)), moneys shall not be made available from any other source for the purpose of making such payments.", "id": "H460E6168D3CC43BA8427453E9581DB22", "header": "Use of allocations To make payments to participating candidates", "nested": [], "links": [] }, { "text": "(c) Effective date \nThis section shall take effect on the date of the enactment of this title, without regard to whether or not regulations have been promulgated to carry out this section.", "id": "H246589954A9947C9A4CD73FEEA4CC763", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "542. Administration through dedicated division within Commission \n(a) Administration through dedicated division \n(1) Establishment \nThe Commission shall establish a separate division within the Commission which is dedicated to issuing regulations to carry out this title and to otherwise carrying out the operation of this title. (2) Appointment of director and staff \n(A) Appointment \nNot later than June 1, 2024, the Commission shall appoint a director to head the division established under this section (to be known as the Division Director ) and such other staff as the Commission considers appropriate to enable the division to carry out its duties. (B) Role of General Counsel \nIf, at any time after the date referred to in subparagraph (A), there is a vacancy in the position of the Division Director, the General Counsel of the Commission shall serve as the acting Division Director until the Commission appoints a Division Director under this paragraph. (3) Private right of action \nAny person aggrieved by the failure of the Commission to meet the requirements of this subsection may file an action in an appropriate district court of the United States for such relief, including declaratory and injunctive relief, as may be appropriate. (b) Regulations \nNot later than the deadline set forth in section 8114 of the Freedom to Vote Act , the Commission, acting through the dedicated division established under this section, shall prescribe regulations to carry out the purposes of this title, including regulations— (1) to establish procedures for verifying the amount of qualified small dollar contributions with respect to a candidate; (2) to establish procedures for effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions; (3) to establish procedures for effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates; (4) to establish procedures for monitoring the use of payments made from the allocation made to the Commission as described in section 541(a) and matching contributions under this title through audits of not fewer than 1/10 (or, in the case of the first 3 election cycles during which the program under this title is in effect, not fewer than 1/3 ) of all participating candidates or other mechanisms; (5) to establish procedures for carrying out audits under section 541(b) and permitting States to make additional allocations as provided under section 541(b)(2)(B); and (6) to establish rules for preventing fraud in the operation of this title which supplement similar rules which apply under this Act.", "id": "H571CA08A58754BB58C8C7B567E41CDCC", "header": "Administration through dedicated division within Commission", "nested": [ { "text": "(a) Administration through dedicated division \n(1) Establishment \nThe Commission shall establish a separate division within the Commission which is dedicated to issuing regulations to carry out this title and to otherwise carrying out the operation of this title. (2) Appointment of director and staff \n(A) Appointment \nNot later than June 1, 2024, the Commission shall appoint a director to head the division established under this section (to be known as the Division Director ) and such other staff as the Commission considers appropriate to enable the division to carry out its duties. (B) Role of General Counsel \nIf, at any time after the date referred to in subparagraph (A), there is a vacancy in the position of the Division Director, the General Counsel of the Commission shall serve as the acting Division Director until the Commission appoints a Division Director under this paragraph. (3) Private right of action \nAny person aggrieved by the failure of the Commission to meet the requirements of this subsection may file an action in an appropriate district court of the United States for such relief, including declaratory and injunctive relief, as may be appropriate.", "id": "HC564231086184BEDAA9D497CFAE44238", "header": "Administration through dedicated division", "nested": [], "links": [] }, { "text": "(b) Regulations \nNot later than the deadline set forth in section 8114 of the Freedom to Vote Act , the Commission, acting through the dedicated division established under this section, shall prescribe regulations to carry out the purposes of this title, including regulations— (1) to establish procedures for verifying the amount of qualified small dollar contributions with respect to a candidate; (2) to establish procedures for effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions; (3) to establish procedures for effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates; (4) to establish procedures for monitoring the use of payments made from the allocation made to the Commission as described in section 541(a) and matching contributions under this title through audits of not fewer than 1/10 (or, in the case of the first 3 election cycles during which the program under this title is in effect, not fewer than 1/3 ) of all participating candidates or other mechanisms; (5) to establish procedures for carrying out audits under section 541(b) and permitting States to make additional allocations as provided under section 541(b)(2)(B); and (6) to establish rules for preventing fraud in the operation of this title which supplement similar rules which apply under this Act.", "id": "HC285AF6E1E074EC3908C95AFE9FF4BF5", "header": "Regulations", "nested": [], "links": [] } ], "links": [] }, { "text": "543. Violations and penalties \n(a) Civil penalty for violation of contribution and expenditure requirements \nIf a candidate who has been certified as a participating candidate accepts a contribution or makes an expenditure that is prohibited under section 521, the Commission may assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a). (b) Repayment for improper use of payments \n(1) In general \nIf the Commission determines that any payment made to a participating candidate was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Commission an amount which shall be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a) and which shall be equal to— (A) the amount of payments so used or not remitted, as appropriate; and (B) interest on any such amounts (at a rate determined by the Commission). (2) Other action not precluded \nAny action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title. (c) Prohibiting certain candidates from qualifying as participating candidates \n(1) Candidates with multiple civil penalties \nIf the Commission assesses 3 or more civil penalties under subsection (a) against a candidate (with respect to either a single election or multiple elections), the Commission may refuse to certify the candidate as a participating candidate under this title with respect to any subsequent election, except that if each of the penalties were assessed as the result of a knowing and willful violation of any provision of this Act, the candidate is not eligible to be certified as a participating candidate under this title with respect to any subsequent election. (2) Candidates subject to criminal penalty \nA candidate is not eligible to be certified as a participating candidate under this title with respect to an election if a penalty has been assessed against the candidate under section 309(d) with respect to any previous election. (d) Imposition of criminal penalties \nFor criminal penalties for the failure of a participating candidate to comply with the requirements of this title, see section 309(d).", "id": "H2511F3D0FA314D9AB0CBCD8478E31908", "header": "Violations and penalties", "nested": [ { "text": "(a) Civil penalty for violation of contribution and expenditure requirements \nIf a candidate who has been certified as a participating candidate accepts a contribution or makes an expenditure that is prohibited under section 521, the Commission may assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a).", "id": "H1889048F196943409905800D5C7101BB", "header": "Civil penalty for violation of contribution and expenditure requirements", "nested": [], "links": [] }, { "text": "(b) Repayment for improper use of payments \n(1) In general \nIf the Commission determines that any payment made to a participating candidate was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Commission an amount which shall be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a) and which shall be equal to— (A) the amount of payments so used or not remitted, as appropriate; and (B) interest on any such amounts (at a rate determined by the Commission). (2) Other action not precluded \nAny action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title.", "id": "H8547E8CCE45743929705414FC303D1A0", "header": "Repayment for improper use of payments", "nested": [], "links": [] }, { "text": "(c) Prohibiting certain candidates from qualifying as participating candidates \n(1) Candidates with multiple civil penalties \nIf the Commission assesses 3 or more civil penalties under subsection (a) against a candidate (with respect to either a single election or multiple elections), the Commission may refuse to certify the candidate as a participating candidate under this title with respect to any subsequent election, except that if each of the penalties were assessed as the result of a knowing and willful violation of any provision of this Act, the candidate is not eligible to be certified as a participating candidate under this title with respect to any subsequent election. (2) Candidates subject to criminal penalty \nA candidate is not eligible to be certified as a participating candidate under this title with respect to an election if a penalty has been assessed against the candidate under section 309(d) with respect to any previous election.", "id": "H2945942CB42C4A6AB2E1B7D0B6867E5A", "header": "Prohibiting certain candidates from qualifying as participating candidates", "nested": [], "links": [] }, { "text": "(d) Imposition of criminal penalties \nFor criminal penalties for the failure of a participating candidate to comply with the requirements of this title, see section 309(d).", "id": "H9422EA38C3BC459995960B0ACF0BF14D", "header": "Imposition of criminal penalties", "nested": [], "links": [] } ], "links": [] }, { "text": "544. Indexing of amounts \n(a) Indexing \nIn any calendar year after 2028, section 315(c)(1)(B) shall apply to each amount described in subsection (b) 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 2028. (b) Amounts described \nThe amounts described in this subsection are as follows: (1) The amount referred to in section 502(b)(1) (relating to the minimum amount of qualified small dollar contributions included in a request for payment). (2) The amounts referred to in section 504(a)(1) (relating to the amount of a qualified small dollar contribution). (3) The amount referred to in section 512(a)(2) (relating to the total dollar amount of qualified small dollar contributions). (4) The amount referred to in section 521(a)(5) (relating to the aggregate amount of contributions a participating candidate may accept from any individual with respect to an election). (5) The amount referred to in section 521(b)(1)(A) (relating to the amount of personal funds that may be used by a candidate who is certified as a participating candidate). (6) The amounts referred to in section 524(a)(2) (relating to the amount of unspent funds a candidate may retain for use in the next election cycle). (7) The amount referred to in section 532(a)(3) (relating to the total dollar amount of qualified small dollar contributions for a candidate seeking an additional payment under subtitle D). (8) The amount referred to in section 533(b) (relating to the limit on the amount of an additional payment made to a candidate under subtitle D).", "id": "HDCCDA6C6FC9B42A4A44ECAD1ED3EF4BC", "header": "Indexing of amounts", "nested": [ { "text": "(a) Indexing \nIn any calendar year after 2028, section 315(c)(1)(B) shall apply to each amount described in subsection (b) 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 2028.", "id": "HDDD1587022CD4142B8A23504E05FD152", "header": "Indexing", "nested": [], "links": [] }, { "text": "(b) Amounts described \nThe amounts described in this subsection are as follows: (1) The amount referred to in section 502(b)(1) (relating to the minimum amount of qualified small dollar contributions included in a request for payment). (2) The amounts referred to in section 504(a)(1) (relating to the amount of a qualified small dollar contribution). (3) The amount referred to in section 512(a)(2) (relating to the total dollar amount of qualified small dollar contributions). (4) The amount referred to in section 521(a)(5) (relating to the aggregate amount of contributions a participating candidate may accept from any individual with respect to an election). (5) The amount referred to in section 521(b)(1)(A) (relating to the amount of personal funds that may be used by a candidate who is certified as a participating candidate). (6) The amounts referred to in section 524(a)(2) (relating to the amount of unspent funds a candidate may retain for use in the next election cycle). (7) The amount referred to in section 532(a)(3) (relating to the total dollar amount of qualified small dollar contributions for a candidate seeking an additional payment under subtitle D). (8) The amount referred to in section 533(b) (relating to the limit on the amount of an additional payment made to a candidate under subtitle D).", "id": "HA538ADBD80034C4DAAF03E50E487C3AE", "header": "Amounts described", "nested": [], "links": [] } ], "links": [] }, { "text": "545. Election cycle defined \nIn this title, the term election cycle means, with respect to an election for an office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election).", "id": "H6D4CCD0E4E76417E93643BB9F1A59CF1", "header": "Election cycle defined", "nested": [], "links": [] }, { "text": "546. Division Director defined \nIn this title, the term Division Director means the individual serving as the director of the division established under section 542.", "id": "HD274C5C6737D421FBD713AD07FE8655E", "header": "Division Director defined", "nested": [], "links": [] }, { "text": "8112. Contributions and expenditures by multicandidate and political party committees on behalf of participating candidates \n(a) Authorizing Contributions Only From Separate Accounts Consisting of Qualified small dollar contributions \nSection 315(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a) ) is amended by adding at the end the following new paragraph: (10) In the case of a multicandidate political committee or any political committee of a political party, the committee may make a contribution to a candidate who is a participating candidate under title V with respect to an election only if the contribution is paid from a separate, segregated account of the committee which consists solely of contributions which meet the following requirements: (A) Each such contribution is in an amount which meets the requirements for the amount of a qualified small dollar contribution under section 504(a)(1) with respect to the election involved. (B) Each such contribution is made by an individual who is not otherwise prohibited from making a contribution under this Act. (C) The individual who makes the contribution does not make contributions to the committee during the year in an aggregate amount that exceeds the limit described in section 504(a)(1).. (b) Permitting Unlimited Coordinated Expenditures From Small Dollar Sources by Political Parties \nSection 315(d) of such Act ( 52 U.S.C. 30116(d) ) is amended— (1) in paragraph (3), by striking The national committee and inserting Except as provided in paragraph (6), the national committee ; and (2) by adding at the end the following new paragraph: (6) The limits described in paragraph (3) do not apply in the case of expenditures in connection with the general election campaign of a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is a participating candidate under title V with respect to the election, but only if— (A) the expenditures are paid from a separate, segregated account of the committee which is described in subsection (a)(10); and (B) the expenditures are the sole source of funding provided by the committee to the candidate..", "id": "HE71E9BDD197F4950875CE26585981B8D", "header": "Contributions and expenditures by multicandidate and political party committees on behalf of participating candidates", "nested": [ { "text": "(a) Authorizing Contributions Only From Separate Accounts Consisting of Qualified small dollar contributions \nSection 315(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a) ) is amended by adding at the end the following new paragraph: (10) In the case of a multicandidate political committee or any political committee of a political party, the committee may make a contribution to a candidate who is a participating candidate under title V with respect to an election only if the contribution is paid from a separate, segregated account of the committee which consists solely of contributions which meet the following requirements: (A) Each such contribution is in an amount which meets the requirements for the amount of a qualified small dollar contribution under section 504(a)(1) with respect to the election involved. (B) Each such contribution is made by an individual who is not otherwise prohibited from making a contribution under this Act. (C) The individual who makes the contribution does not make contributions to the committee during the year in an aggregate amount that exceeds the limit described in section 504(a)(1)..", "id": "H6210E1BCE78244F18AB67875DDBEC280", "header": "Authorizing Contributions Only From Separate Accounts Consisting of Qualified small dollar contributions", "nested": [], "links": [ { "text": "52 U.S.C. 30116(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(b) Permitting Unlimited Coordinated Expenditures From Small Dollar Sources by Political Parties \nSection 315(d) of such Act ( 52 U.S.C. 30116(d) ) is amended— (1) in paragraph (3), by striking The national committee and inserting Except as provided in paragraph (6), the national committee ; and (2) by adding at the end the following new paragraph: (6) The limits described in paragraph (3) do not apply in the case of expenditures in connection with the general election campaign of a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is a participating candidate under title V with respect to the election, but only if— (A) the expenditures are paid from a separate, segregated account of the committee which is described in subsection (a)(10); and (B) the expenditures are the sole source of funding provided by the committee to the candidate..", "id": "H6224053C10954045A2FA0CF37A8E57D3", "header": "Permitting Unlimited Coordinated Expenditures From Small Dollar Sources by Political Parties", "nested": [], "links": [ { "text": "52 U.S.C. 30116(d)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] } ], "links": [ { "text": "52 U.S.C. 30116(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(d)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "8113. Prohibiting use of contributions by participating candidates for purposes other than campaign for election \nSection 313 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30114 ) is amended by adding at the end the following new subsection: (d) Restrictions on Permitted Uses of Funds by Candidates Receiving Small Dollar Financing \nNotwithstanding paragraph (2), (3), or (4) of subsection (a), if a candidate for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress is certified as a participating candidate under title V with respect to the election, any contribution which the candidate is permitted to accept under such title may be used only for authorized expenditures in connection with the candidate’s campaign for such office, subject to section 503(b)..", "id": "H841D1CAB94FF475CB4A2C1B2176CA16C", "header": "Prohibiting use of contributions by participating candidates for purposes other than campaign for election", "nested": [], "links": [ { "text": "52 U.S.C. 30114", "legal-doc": "usc", "parsable-cite": "usc/52/30114" } ] }, { "text": "8114. Deadline for regulations; effective date \n(a) In general \nNot later than October 1, 2024, the Federal Election Commission shall promulgate such regulations as may be necessary to carry out this part and the amendments made by this part. (b) Effective date \nThis part and the amendments made by this part shall take effect on October 1, 2024, without regard to whether the Commission has promulgated the regulations required under subsection (a) by such date.", "id": "H4953D70F6FCF4906938E5783FD5F7A0F", "header": "Deadline for regulations; effective date", "nested": [ { "text": "(a) In general \nNot later than October 1, 2024, the Federal Election Commission shall promulgate such regulations as may be necessary to carry out this part and the amendments made by this part.", "id": "idfc4f2f11c76c4f1abd251f2751f7d09c", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThis part and the amendments made by this part shall take effect on October 1, 2024, without regard to whether the Commission has promulgated the regulations required under subsection (a) by such date.", "id": "id5ce762dd162644c889331c0b293659c1", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "8201. Short title; findings; purpose \n(a) Short title \nThis subtitle may be cited as the Help America Run Act. (b) Findings \nCongress finds the following: (1) Everyday Americans experience barriers to entry before they can consider running for office to serve their communities. (2) Current law states that campaign funds cannot be spent on everyday expenses that would exist whether or not a candidate were running for office, like childcare and food. While the law seems neutral, its actual effect is to privilege the independently wealthy who want to run, because given the demands of running for office, candidates who must work to pay for childcare or to afford health insurance are effectively being left out of the process, even if they have sufficient support to mount a viable campaign. (3) Thus current practice favors those prospective candidates who do not need to rely on a regular paycheck to make ends meet. The consequence is that everyday Americans who have firsthand knowledge of the importance of stable childcare, a safety net, or great public schools are less likely to get a seat at the table. This governance by the few is antithetical to the democratic experiment, but most importantly, when lawmakers do not share the concerns of everyday Americans, their policies reflect that. (4) These circumstances have contributed to a Congress that does not always reflect everyday Americans. The New York Times reported in 2019 that fewer than 5 percent of representatives cite blue-collar or service jobs in their biographies. A 2020 analysis by OpenSecrets of lawmakers’ personal financial disclosure statements showed that the median net worth of lawmakers was just over $1,000,000, or nearly 9 times the median net worth of American families. (5) These circumstances have also contributed to a governing body that does not reflect the nation it serves. For instance, women are 51 percent of the American population. Yet even with a record number of women serving in the One Hundred Eighteenth Congress, the Pew Research Center notes that nearly three out of four Members of this Congress are male. The Center for American Women and Politics found that one third of women legislators surveyed had been actively discouraged from running for office, often by political professionals. This type of discouragement, combined with the prohibitions on using campaign funds for domestic needs like childcare, burdens that still fall disproportionately on American women, particularly disadvantages working mothers. These barriers may explain why only 10 women in history have given birth while serving in Congress, in spite of the prevalence of working parents in other professions. Yet working mothers and fathers are best positioned to create policy that reflects the lived experience of most Americans. (6) Working mothers, those caring for their elderly parents, and young professionals who rely on their jobs for health insurance should have the freedom to run to serve the people of the United States. Their networks and net worth are simply not the best indicators of their strength as prospective public servants. In fact, helping ordinary Americans to run may create better policy for all Americans. (c) Purpose \nIt is the purpose of this subtitle to ensure that all Americans who are otherwise qualified to serve this Nation are able to run for office, regardless of their economic status. By expanding permissible uses of campaign funds and providing modest assurance that testing a run for office will not cost one’s livelihood, the Help America Run Act will facilitate the candidacy of representatives who more accurately reflect the experiences, challenges, and ideals of everyday Americans.", "id": "H0BC77EAC56664D67AB32B18955F5B2F1", "header": "Short title; findings; purpose", "nested": [ { "text": "(a) Short title \nThis subtitle may be cited as the Help America Run Act.", "id": "HCB10CF4B8012464995F9D1756D258C11", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Findings \nCongress finds the following: (1) Everyday Americans experience barriers to entry before they can consider running for office to serve their communities. (2) Current law states that campaign funds cannot be spent on everyday expenses that would exist whether or not a candidate were running for office, like childcare and food. While the law seems neutral, its actual effect is to privilege the independently wealthy who want to run, because given the demands of running for office, candidates who must work to pay for childcare or to afford health insurance are effectively being left out of the process, even if they have sufficient support to mount a viable campaign. (3) Thus current practice favors those prospective candidates who do not need to rely on a regular paycheck to make ends meet. The consequence is that everyday Americans who have firsthand knowledge of the importance of stable childcare, a safety net, or great public schools are less likely to get a seat at the table. This governance by the few is antithetical to the democratic experiment, but most importantly, when lawmakers do not share the concerns of everyday Americans, their policies reflect that. (4) These circumstances have contributed to a Congress that does not always reflect everyday Americans. The New York Times reported in 2019 that fewer than 5 percent of representatives cite blue-collar or service jobs in their biographies. A 2020 analysis by OpenSecrets of lawmakers’ personal financial disclosure statements showed that the median net worth of lawmakers was just over $1,000,000, or nearly 9 times the median net worth of American families. (5) These circumstances have also contributed to a governing body that does not reflect the nation it serves. For instance, women are 51 percent of the American population. Yet even with a record number of women serving in the One Hundred Eighteenth Congress, the Pew Research Center notes that nearly three out of four Members of this Congress are male. The Center for American Women and Politics found that one third of women legislators surveyed had been actively discouraged from running for office, often by political professionals. This type of discouragement, combined with the prohibitions on using campaign funds for domestic needs like childcare, burdens that still fall disproportionately on American women, particularly disadvantages working mothers. These barriers may explain why only 10 women in history have given birth while serving in Congress, in spite of the prevalence of working parents in other professions. Yet working mothers and fathers are best positioned to create policy that reflects the lived experience of most Americans. (6) Working mothers, those caring for their elderly parents, and young professionals who rely on their jobs for health insurance should have the freedom to run to serve the people of the United States. Their networks and net worth are simply not the best indicators of their strength as prospective public servants. In fact, helping ordinary Americans to run may create better policy for all Americans.", "id": "HD4069BA154EA4704AB848ADE1026ED15", "header": "Findings", "nested": [], "links": [] }, { "text": "(c) Purpose \nIt is the purpose of this subtitle to ensure that all Americans who are otherwise qualified to serve this Nation are able to run for office, regardless of their economic status. By expanding permissible uses of campaign funds and providing modest assurance that testing a run for office will not cost one’s livelihood, the Help America Run Act will facilitate the candidacy of representatives who more accurately reflect the experiences, challenges, and ideals of everyday Americans.", "id": "H1344463CC2FE49C0950AA0B9B93D2816", "header": "Purpose", "nested": [], "links": [] } ], "links": [] }, { "text": "8202. Treatment of payments for childcare and other personal use services as authorized campaign expenditure \n(a) Personal use services as authorized campaign expenditure \nSection 313 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30114 ), as amended by section 8113, is amended by adding at the end the following new subsection: (e) Treatment of payments for childcare and other personal use services as authorized campaign expenditure \n(1) Authorized expenditures \nFor purposes of subsection (a), the payment by an authorized committee of a candidate for any of the personal use services described in paragraph (3) shall be treated as an authorized expenditure if the services are necessary to enable the participation of the candidate in campaign-connected activities. (2) Limitations \n(A) Limit on total amount of payments \nThe total amount of payments made by an authorized committee of a candidate for personal use services described in paragraph (3) may not exceed the limit which is applicable under any law, rule, or regulation on the amount of payments which may be made by the committee for the salary of the candidate (without regard to whether or not the committee makes payments to the candidate for that purpose). (B) Corresponding reduction in amount of salary paid to candidate \nTo the extent that an authorized committee of a candidate makes payments for the salary of the candidate, any limit on the amount of such payments which is applicable under any law, rule, or regulation shall be reduced by the amount of any payments made to or on behalf of the candidate for personal use services described in paragraph (3), other than personal use services described in subparagraph (D) of such paragraph. (C) Exclusion of candidates who are officeholders \nParagraph (1) does not apply with respect to an authorized committee of a candidate who is a holder of Federal office. (3) Personal use services described \nThe personal use services described in this paragraph are as follows: (A) Childcare services. (B) Elder care services. (C) Services similar to the services described in subparagraph (A) or subparagraph (B) which are provided on behalf of any dependent who is a qualifying relative under section 152 of the Internal Revenue Code of 1986. (D) Health insurance premiums.. (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 regulations to carry out such amendments.", "id": "HCC4593FFA3FA438DA53AD89D2D2BBEDD", "header": "Treatment of payments for childcare and other personal use services as authorized campaign expenditure", "nested": [ { "text": "(a) Personal use services as authorized campaign expenditure \nSection 313 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30114 ), as amended by section 8113, is amended by adding at the end the following new subsection: (e) Treatment of payments for childcare and other personal use services as authorized campaign expenditure \n(1) Authorized expenditures \nFor purposes of subsection (a), the payment by an authorized committee of a candidate for any of the personal use services described in paragraph (3) shall be treated as an authorized expenditure if the services are necessary to enable the participation of the candidate in campaign-connected activities. (2) Limitations \n(A) Limit on total amount of payments \nThe total amount of payments made by an authorized committee of a candidate for personal use services described in paragraph (3) may not exceed the limit which is applicable under any law, rule, or regulation on the amount of payments which may be made by the committee for the salary of the candidate (without regard to whether or not the committee makes payments to the candidate for that purpose). (B) Corresponding reduction in amount of salary paid to candidate \nTo the extent that an authorized committee of a candidate makes payments for the salary of the candidate, any limit on the amount of such payments which is applicable under any law, rule, or regulation shall be reduced by the amount of any payments made to or on behalf of the candidate for personal use services described in paragraph (3), other than personal use services described in subparagraph (D) of such paragraph. (C) Exclusion of candidates who are officeholders \nParagraph (1) does not apply with respect to an authorized committee of a candidate who is a holder of Federal office. (3) Personal use services described \nThe personal use services described in this paragraph are as follows: (A) Childcare services. (B) Elder care services. (C) Services similar to the services described in subparagraph (A) or subparagraph (B) which are provided on behalf of any dependent who is a qualifying relative under section 152 of the Internal Revenue Code of 1986. (D) Health insurance premiums..", "id": "HBA5AF56CC277490D9FCA41232B07A658", "header": "Personal use services as authorized campaign expenditure", "nested": [], "links": [ { "text": "52 U.S.C. 30114", "legal-doc": "usc", "parsable-cite": "usc/52/30114" }, { "text": "section 152", "legal-doc": "usc", "parsable-cite": "usc/26/152" } ] }, { "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 regulations to carry out such amendments.", "id": "H4CF59AC68CEF42DEA25422AA11B163C6", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30114", "legal-doc": "usc", "parsable-cite": "usc/52/30114" }, { "text": "section 152", "legal-doc": "usc", "parsable-cite": "usc/26/152" } ] }, { "text": "8301. Permitting political party committees to provide enhanced support for House candidates through use of separate small dollar accounts \n(a) Increase in Limit on Contributions to Candidates \nSection 315(a)(2)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(2)(A) ) is amended by striking exceed $5,000 and inserting exceed $5,000 or, in the case of a contribution made by a national committee of a political party from an account described in paragraph (11), exceed $10,000. (b) Elimination of Limit on Coordinated Expenditures \nSection 315(d)(5) of such Act ( 52 U.S.C. 30116(d)(5) ) is amended by striking subsection (a)(9) and inserting subsection (a)(9) or subsection (a)(11). (c) Accounts Described \nSection 315(a) of such Act ( 52 U.S.C. 30116(a) ), as amended by section 8112(a), is amended by adding at the end the following new paragraph: (11) An account described in this paragraph is a separate, segregated account of a national congressional campaign committee of a political party which— (A) supports only candidates for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress; and (B) consists exclusively of contributions made during a calendar year by individuals whose aggregate contributions to the committee during the year do not exceed $200.. (d) Effective Date \nThe amendments made by this section shall apply with respect to elections held on or after 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": "H65F9615DE69C421DB6C9DE9AEB936259", "header": "Permitting political party committees to provide enhanced support for House candidates through use of separate small dollar accounts", "nested": [ { "text": "(a) Increase in Limit on Contributions to Candidates \nSection 315(a)(2)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(2)(A) ) is amended by striking exceed $5,000 and inserting exceed $5,000 or, in the case of a contribution made by a national committee of a political party from an account described in paragraph (11), exceed $10,000.", "id": "H814239BCAFEC4F3C8F38BCA2E23199B5", "header": "Increase in Limit on Contributions to Candidates", "nested": [], "links": [ { "text": "52 U.S.C. 30116(a)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(b) Elimination of Limit on Coordinated Expenditures \nSection 315(d)(5) of such Act ( 52 U.S.C. 30116(d)(5) ) is amended by striking subsection (a)(9) and inserting subsection (a)(9) or subsection (a)(11).", "id": "HD4A9793EEBE2405498B6760F05E7B67C", "header": "Elimination of Limit on Coordinated Expenditures", "nested": [], "links": [ { "text": "52 U.S.C. 30116(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(c) Accounts Described \nSection 315(a) of such Act ( 52 U.S.C. 30116(a) ), as amended by section 8112(a), is amended by adding at the end the following new paragraph: (11) An account described in this paragraph is a separate, segregated account of a national congressional campaign committee of a political party which— (A) supports only candidates for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress; and (B) consists exclusively of contributions made during a calendar year by individuals whose aggregate contributions to the committee during the year do not exceed $200..", "id": "H880811BCBDCB43D5B681C5FF7BB5574B", "header": "Accounts Described", "nested": [], "links": [ { "text": "52 U.S.C. 30116(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(d) Effective Date \nThe amendments made by this section shall apply with respect to elections held on or after 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": "HC25FAE9B171E40D580B4B711185E3242", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30116(a)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "8401. Severability \nIf any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.", "id": "H9323B9BDA3CF48DFA8F3E224C0616D12", "header": "Severability", "nested": [], "links": [] } ]

[ "Accounting and auditing", "Administrative law and regulatory procedures", "Adult day care", "Aging", "Assault and harassment offenses", "Broadcasting, cable, digital technologies", "Buy American requirements", "Child care and development", "Citizenship and naturalization", "Civil actions and liability", "Commemorative events and holidays", "Computer security and identity theft", "Computers and information technology", "Congressional districts and representation", "Congressional elections", "Congressional oversight", "Constitution and constitutional amendments", "Consumer credit", "Corporate finance and management", "Correctional facilities and imprisonment", "Criminal investigation, prosecution, interrogation", "Criminal justice information and records", "Criminal procedure and sentencing", "Department of the Treasury", "Digital media", "Diplomacy, foreign officials, Americans abroad", "Disability and health-based discrimination", "Disability and paralysis", "Disability assistance", "Domestic violence and child abuse", "Due process and equal protection", "Election Assistance Commission", "Elections, voting, political campaign regulation", "Employment and training programs", "Executive agency funding and structure", "Family relationships", "Federal Election Commission (FEC)", "Federal district courts", "Food industry and services", "Foreign language and bilingual programs", "Fraud offenses and financial crimes", "Government ethics and transparency, public corruption", "Government information and archives", "Government lending and loan guarantees", "Government studies and investigations", "Government trust funds", "Guam", "Health care costs and insurance", "Health care coverage and access", "House of Representatives", "Housing and community development funding", "Housing finance and home ownership", "Intergovernmental relations", "Internal Revenue Service (IRS)", "Internet, web applications, social media", "Judges", "Judicial procedure and administration", "Judicial review and appeals", "Jurisdiction and venue", "Labor-management relations", "Landlord and tenant", "Law enforcement administration and funding", "Lawyers and legal services", "Legal fees and court costs", "Licensing and registrations", "Low- and moderate-income housing", "Manufacturing", "Members of Congress", "Military personnel and dependents", "News media and reporting", "Northern Mariana Islands", "Political advertising", "Political parties and affiliation", "Political representation", "Postal service", "Public contracts and procurement", "Public housing", "Public participation and lobbying", "Racial and ethnic relations", "Right of privacy", "Rural conditions and development", "Social work, volunteer service, charitable organizations", "State and local government operations", "Subversive activities", "Supreme Court", "Tax administration and collection, taxpayers", "Tax-exempt organizations", "Telephone and wireless communication", "U.S. Sentencing Commission", "U.S. and foreign investments", "U.S. territories and protectorates", "User charges and fees", "Virgin Islands", "Voting rights" ]

[ { "text": "1. Short title \nThis Act may be cited as the General Aviation Airport Access Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Public airport apron access for transient general aviation aircraft \n(a) In general \nChapter 401 of title 49, United States Code, is amended by adding at the end the following: 40131. Apron access for transient general aviation aircraft \n(a) Transient apron \nA covered airport shall provide transient general aviation aircraft parking on or near the existing apron when the pilot or owner of that aircraft does not need or request fuel or use other related services from the covered airport or a fixed-base operator at the covered airport. (b) Transient fees \nA covered airport may assess a fee on a transient general aviation aircraft for using the transient apron described in subsection (a) and, if it does assess such a fee, the fee shall be fair, reasonable, transparent, publicly available (including on the website of the entity that imposes such fee), and exclude any extraneous or hidden costs. (c) Access to transient apron \nA controlled access airport, or a fixed-base operator at a controlled access airport, may not charge a fee for a pilot or passengers to transit between their transient general aviation aircraft parked on the transient apron described in subsection (a) and a place outside the airport’s perimeter fence, whether or not such transit requires passing through a building. (d) Definitions \nIn this section: (1) Controlled access airport \nThe term controlled access airport means an airport that is a public use airport and— (A) is required to have an airport security program under part 1542 of title 49, Code of Federal Regulations; or (B) the airport or a fixed-base operator at the airport does not allow a pilot unescorted access to the pilot's transient general aviation aircraft that is parked on the transient apron described in subsection (a). (2) Covered airport \nThe term covered airport means an airport that is a public use airport and has— (A) received a grant under section 48103 or chapter 471 at any time during the most recent 20-year period; or (B) been the recipient of a Federal property conveyance. (3) Fixed-base operator \nThe term fixed-base operator means a business granted the right by an airport sponsor or heliport sponsor to operate on an airport or heliport and provide aeronautical services, including fueling and charging, aircraft hangaring, tiedown and parking, aircraft rental, aircraft maintenance, and flight instruction. (4) Public use airport \nThe term public use airport has the meaning given that term in section 47102. (5) Transient general aviation aircraft \nThe term transient general aviation aircraft means an aircraft, not owned or operated by an air carrier or foreign air carrier, that is seeking to park temporarily at an airport.. (b) Clerical amendment \nThe analysis for chapter 401 of title 49, United States Code, is amended by inserting after the item relating to section 40130 the following: 40131. Apron access for transient general aviation aircraft..", "id": "id08ABC98B282D4885858DE5D35E900098", "header": "Public airport apron access for transient general aviation aircraft", "nested": [ { "text": "(a) In general \nChapter 401 of title 49, United States Code, is amended by adding at the end the following: 40131. Apron access for transient general aviation aircraft \n(a) Transient apron \nA covered airport shall provide transient general aviation aircraft parking on or near the existing apron when the pilot or owner of that aircraft does not need or request fuel or use other related services from the covered airport or a fixed-base operator at the covered airport. (b) Transient fees \nA covered airport may assess a fee on a transient general aviation aircraft for using the transient apron described in subsection (a) and, if it does assess such a fee, the fee shall be fair, reasonable, transparent, publicly available (including on the website of the entity that imposes such fee), and exclude any extraneous or hidden costs. (c) Access to transient apron \nA controlled access airport, or a fixed-base operator at a controlled access airport, may not charge a fee for a pilot or passengers to transit between their transient general aviation aircraft parked on the transient apron described in subsection (a) and a place outside the airport’s perimeter fence, whether or not such transit requires passing through a building. (d) Definitions \nIn this section: (1) Controlled access airport \nThe term controlled access airport means an airport that is a public use airport and— (A) is required to have an airport security program under part 1542 of title 49, Code of Federal Regulations; or (B) the airport or a fixed-base operator at the airport does not allow a pilot unescorted access to the pilot's transient general aviation aircraft that is parked on the transient apron described in subsection (a). (2) Covered airport \nThe term covered airport means an airport that is a public use airport and has— (A) received a grant under section 48103 or chapter 471 at any time during the most recent 20-year period; or (B) been the recipient of a Federal property conveyance. (3) Fixed-base operator \nThe term fixed-base operator means a business granted the right by an airport sponsor or heliport sponsor to operate on an airport or heliport and provide aeronautical services, including fueling and charging, aircraft hangaring, tiedown and parking, aircraft rental, aircraft maintenance, and flight instruction. (4) Public use airport \nThe term public use airport has the meaning given that term in section 47102. (5) Transient general aviation aircraft \nThe term transient general aviation aircraft means an aircraft, not owned or operated by an air carrier or foreign air carrier, that is seeking to park temporarily at an airport..", "id": "id2788204B39EB4C9DB1BA6C27A1A6B022", "header": "In general", "nested": [], "links": [ { "text": "Chapter 401", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/401" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 401 of title 49, United States Code, is amended by inserting after the item relating to section 40130 the following: 40131. Apron access for transient general aviation aircraft..", "id": "id0FD55F2421C247598857CD19AAF519DF", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 401", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/401" }, { "text": "section 40130", "legal-doc": "usc", "parsable-cite": "usc/49/40130" } ] } ], "links": [ { "text": "Chapter 401", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/401" }, { "text": "chapter 401", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/401" }, { "text": "section 40130", "legal-doc": "usc", "parsable-cite": "usc/49/40130" } ] }, { "text": "40131. Apron access for transient general aviation aircraft \n(a) Transient apron \nA covered airport shall provide transient general aviation aircraft parking on or near the existing apron when the pilot or owner of that aircraft does not need or request fuel or use other related services from the covered airport or a fixed-base operator at the covered airport. (b) Transient fees \nA covered airport may assess a fee on a transient general aviation aircraft for using the transient apron described in subsection (a) and, if it does assess such a fee, the fee shall be fair, reasonable, transparent, publicly available (including on the website of the entity that imposes such fee), and exclude any extraneous or hidden costs. (c) Access to transient apron \nA controlled access airport, or a fixed-base operator at a controlled access airport, may not charge a fee for a pilot or passengers to transit between their transient general aviation aircraft parked on the transient apron described in subsection (a) and a place outside the airport’s perimeter fence, whether or not such transit requires passing through a building. (d) Definitions \nIn this section: (1) Controlled access airport \nThe term controlled access airport means an airport that is a public use airport and— (A) is required to have an airport security program under part 1542 of title 49, Code of Federal Regulations; or (B) the airport or a fixed-base operator at the airport does not allow a pilot unescorted access to the pilot's transient general aviation aircraft that is parked on the transient apron described in subsection (a). (2) Covered airport \nThe term covered airport means an airport that is a public use airport and has— (A) received a grant under section 48103 or chapter 471 at any time during the most recent 20-year period; or (B) been the recipient of a Federal property conveyance. (3) Fixed-base operator \nThe term fixed-base operator means a business granted the right by an airport sponsor or heliport sponsor to operate on an airport or heliport and provide aeronautical services, including fueling and charging, aircraft hangaring, tiedown and parking, aircraft rental, aircraft maintenance, and flight instruction. (4) Public use airport \nThe term public use airport has the meaning given that term in section 47102. (5) Transient general aviation aircraft \nThe term transient general aviation aircraft means an aircraft, not owned or operated by an air carrier or foreign air carrier, that is seeking to park temporarily at an airport.", "id": "idF752D53C249F45AA80612998E7C84FA1", "header": "Apron access for transient general aviation aircraft", "nested": [ { "text": "(a) Transient apron \nA covered airport shall provide transient general aviation aircraft parking on or near the existing apron when the pilot or owner of that aircraft does not need or request fuel or use other related services from the covered airport or a fixed-base operator at the covered airport.", "id": "id410A7F9208DA45169ED5F4FAA7F94B6F", "header": "Transient apron", "nested": [], "links": [] }, { "text": "(b) Transient fees \nA covered airport may assess a fee on a transient general aviation aircraft for using the transient apron described in subsection (a) and, if it does assess such a fee, the fee shall be fair, reasonable, transparent, publicly available (including on the website of the entity that imposes such fee), and exclude any extraneous or hidden costs.", "id": "idA61D867C6D134C24965FB87D6BA1B08A", "header": "Transient fees", "nested": [], "links": [] }, { "text": "(c) Access to transient apron \nA controlled access airport, or a fixed-base operator at a controlled access airport, may not charge a fee for a pilot or passengers to transit between their transient general aviation aircraft parked on the transient apron described in subsection (a) and a place outside the airport’s perimeter fence, whether or not such transit requires passing through a building.", "id": "id3B55792D5E364B5FA03C87369F4029C8", "header": "Access to transient apron", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) Controlled access airport \nThe term controlled access airport means an airport that is a public use airport and— (A) is required to have an airport security program under part 1542 of title 49, Code of Federal Regulations; or (B) the airport or a fixed-base operator at the airport does not allow a pilot unescorted access to the pilot's transient general aviation aircraft that is parked on the transient apron described in subsection (a). (2) Covered airport \nThe term covered airport means an airport that is a public use airport and has— (A) received a grant under section 48103 or chapter 471 at any time during the most recent 20-year period; or (B) been the recipient of a Federal property conveyance. (3) Fixed-base operator \nThe term fixed-base operator means a business granted the right by an airport sponsor or heliport sponsor to operate on an airport or heliport and provide aeronautical services, including fueling and charging, aircraft hangaring, tiedown and parking, aircraft rental, aircraft maintenance, and flight instruction. (4) Public use airport \nThe term public use airport has the meaning given that term in section 47102. (5) Transient general aviation aircraft \nThe term transient general aviation aircraft means an aircraft, not owned or operated by an air carrier or foreign air carrier, that is seeking to park temporarily at an airport.", "id": "id9A2C489E3FD5470F9DE49674BE0116B0", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]

[ "Aviation and airports", "Lease and rental services", "Service industries" ]

[ { "text": "1. Short title \nThis Act may be cited as the Ellie Helton, Lisa Colagrossi, Kristen Shafer Englert, Teresa Anne Lawrence, and Jennifer Sedney Focused Research Act or Ellie’s Law.", "id": "H838688C55ADF4E419C5D477F2520C809", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress makes the following findings: (1) An estimated 6,600,000 people in the United States, or 1 in 50 people, have an unruptured brain aneurysm. (2) Each year, an estimated 30,000 people in the United States suffer a brain aneurysm rupture. Ruptured brain aneurysms are fatal in about 50 percent of cases. Of those who survive, about 66 percent suffer some permanent neurological deficit. (3) Brain aneurysms are more likely to occur in women than in men, by a 3 to 2 ratio. Ellie’s Law represents all those who have been affected and died due to a ruptured brain aneurysm, and their loved ones. People who experienced a brain aneurysm rupture include the following: (A) Ellie Helton. On July 16, 2014, Ellie Helton, a vibrant, loving 14-year-old from Apex, North Carolina, passed away as a result of a ruptured aneurysm, stunning her parents, 2 sisters, and many, many loved ones. A day earlier, on her second day of high school, she woke up with a terrible headache after a plum-sized aneurysm on her brain stem ruptured. While she suffered headaches throughout her life, she was never diagnosed. Ellie was an avid reader and excellent student, loved the arts, and was incredibly creative. She had an unwavering, constant love for the family and friends in her life. (B) Lisa Colagrossi. On March 20, 2015, Lisa Colagrossi—WABC Eyewitness News reporter, wife of 17 years, and mother of 2 sons—unexpectedly passed away at the age of 49 years after suffering a massive ruptured brain aneurysm. Despite experiencing one of the classic warning signs of a brain aneurysm (the worst headache of my life ), Lisa’s passing came as a tremendous shock to her family and friends, who did not know what a brain aneurysm was, let alone its signs and symptoms. She is remembered for being a loving wife, a mother, and a successful reporter, and for her love of the New York Rangers. (C) Kristen Shafer Englert. On November 24, 2013, Kristen Shafer Englert, a devoted wife, mother, daughter, sister, aunt, and friend passed away from a ruptured brain aneurysm at the age of 25, just weeks after giving birth to her son. Prior to her passing, she went to the emergency room with symptoms of a brain aneurysm and was sent home without a scan. Kristen was a dedicated teacher who loved children. She was thrilled to become a mother. Sadly, she got to experience motherhood only for a few short days. Kristen’s family members have been dedicated advocates for brain aneurysm awareness and research since her passing. (D) Teresa Anne Lawrence. On December 8, 1983, Teresa Anne Lawrence, a devoted mother of 3, beloved wife, and staple of her community, collapsed while visiting her son's school. She had been struggling with and taking medication for hypertension for several years. At age 34, after being unconscious for 4 days, she passed away as a result of a brain aneurysm. Her loving husband and extended family were left to raise their children, whom Teresa cherished so much. (E) Jennifer Sedney. On December 25, 2013, Jennifer Sedney, a beautiful, accomplished young woman, passed away suddenly at the age of 27 from a ruptured brain aneurysm. Her only symptom was the worst headache of her life , which none of her friends or family realized was a symptom of a potentially fatal condition. Jenny was a jogger, a disciplined exerciser, and a successful health care consultant and had recently launched a health blog founded on 3 principles— bee curious, bee radiant, bee well. Her brother, mother, father, and a large devoted network of friends and relatives remember her every day. (4) Brain aneurysm ruptures have a significant fiscal impact on survivors, caretakers, and the health care community. The annual estimated pre-insurance direct cost of brain aneurysm ruptures to patients in the United States is approximately $1,400,000,000, and the estimated direct cost to hospitals each year is approximately $2,700,000,000. The intensive care unit length of stay is the largest driver of cost for brain aneurysm ruptures, and estimates do not reflect indirect costs, which include travel, food, childcare, and wage losses for patient and caretakers. (5) Despite the widespread prevalence of this condition and the high societal cost it imposes on the Nation, the Federal Government only spends approximately $2.08 per year on brain aneurysm research for each person afflicted with a brain aneurysm. (6) The first 3 iterations of the International Study on Unruptured Intracranial Aneurysms (ISUIA) have advanced researchers’ and clinicians’ understanding of how to most effectively manage and treat unruptured intracranial aneurysms.", "id": "H9AA4650F79C447ACA4A76428E6D54E5E", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Funding \n(a) Authorization of appropriations \nTo conduct or support further comprehensive research on unruptured intracranial aneurysms, studying a broader patient population diversified by age, sex, and race, there is authorized to be appropriated to the National Institute of Neurological Disorders and Stroke $10,000,000 for each of fiscal years 2024 through 2028, to remain available through September 30, 2031. (b) Supplement, not supplant \nAny funds made available pursuant to this section shall supplement, not supplant, other funding made available for research on brain aneurysms.", "id": "H6FBF2B05F57747DE89595C7FE5C8ECFD", "header": "Funding", "nested": [ { "text": "(a) Authorization of appropriations \nTo conduct or support further comprehensive research on unruptured intracranial aneurysms, studying a broader patient population diversified by age, sex, and race, there is authorized to be appropriated to the National Institute of Neurological Disorders and Stroke $10,000,000 for each of fiscal years 2024 through 2028, to remain available through September 30, 2031.", "id": "HFF4CB0D16216483F9FD923F1B3F1678E", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(b) Supplement, not supplant \nAny funds made available pursuant to this section shall supplement, not supplant, other funding made available for research on brain aneurysms.", "id": "H949CE85C06C94D7CA0E8C684A93151B4", "header": "Supplement, not supplant", "nested": [], "links": [] } ], "links": [] } ]

[ "Health programs administration and funding", "Medical research", "Neurological disorders", "Research administration and funding" ]

[ { "text": "1. Short title \nThis Act may be cited as the Grant Transparency Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Notices of funding opportunity transparency \n(a) Definitions \nIn this section: (1) Agency \nThe term agency — (A) has the meaning given the term Executive agency in section 105 of title 5, United States Code; and (B) does not include the Government Accountability Office. (2) Competitive grant \nThe term competitive grant means a discretionary award (as defined in section 200.1 of title 2, Code of Federal Regulations) awarded by an agency— (A) through a grant agreement or cooperative agreement under which the agency makes payment in cash or in kind to a recipient to carry out a public purpose authorized by law; and (B) the recipient of which is selected from a pool of applicants through the use of merit-based selection procedures for the purpose of allocating funds authorized under a grant program of the agency. (3) Evaluation or selection criteria \nThe term evaluation or selection criteria means standards or principles for judging, evaluating, or selecting an application for a competitive grant. (4) Notice of funding opportunity \nThe term notice of funding opportunity has the meaning given the term in section 200.1 of title 2, Code of Federal Regulations. (5) Rating system \nThe term rating system — (A) means a system of evaluation of competitive grant applications to determine how such applications advance through the selection process; and (B) includes— (i) a merit criteria rating rubric; (ii) an evaluation of merit criteria; (iii) a methodology to evaluate and rate based on a point scale; and (iv) an evaluation to determine whether a competitive grant application meets evaluation or selection criteria. (b) Transparency requirements \nEach notice of funding opportunity issued by an agency for a competitive grant shall include— (1) a description of any rating system and evaluation and selection criteria the agency uses to assess applications for the competitive grant; (2) a statement of whether the agency uses a weighted scoring method and a description of any weighted scoring method the agency uses for the competitive grant, including the amount by which the agency weights each criterion; and (3) any other qualitative or quantitative merit-based approach the agency uses to evaluate an application for the competitive grant. (c) Rule of construction \nWith respect to a particular competitive grant, nothing in this Act shall be construed to supersede any requirement with respect to a notice of funding opportunity for the competitive grant in a law that authorizes the competitive grant. (d) No additional funds \nNo additional funds are authorized to be appropriated for the purpose of carrying out this Act. (e) Effective date \n(1) In general \nThis Act shall take effect on the date that is 120 days after the date of enactment of this Act. (2) No retroactive effect \nThis Act shall not apply to a notice of funding opportunity issued before the date of enactment of this Act.", "id": "id0ec99c29ec334c0a970c6840d18826a8", "header": "Notices of funding opportunity transparency", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Agency \nThe term agency — (A) has the meaning given the term Executive agency in section 105 of title 5, United States Code; and (B) does not include the Government Accountability Office. (2) Competitive grant \nThe term competitive grant means a discretionary award (as defined in section 200.1 of title 2, Code of Federal Regulations) awarded by an agency— (A) through a grant agreement or cooperative agreement under which the agency makes payment in cash or in kind to a recipient to carry out a public purpose authorized by law; and (B) the recipient of which is selected from a pool of applicants through the use of merit-based selection procedures for the purpose of allocating funds authorized under a grant program of the agency. (3) Evaluation or selection criteria \nThe term evaluation or selection criteria means standards or principles for judging, evaluating, or selecting an application for a competitive grant. (4) Notice of funding opportunity \nThe term notice of funding opportunity has the meaning given the term in section 200.1 of title 2, Code of Federal Regulations. (5) Rating system \nThe term rating system — (A) means a system of evaluation of competitive grant applications to determine how such applications advance through the selection process; and (B) includes— (i) a merit criteria rating rubric; (ii) an evaluation of merit criteria; (iii) a methodology to evaluate and rate based on a point scale; and (iv) an evaluation to determine whether a competitive grant application meets evaluation or selection criteria.", "id": "id6eed855691ef4910a1298099d54c8408", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Transparency requirements \nEach notice of funding opportunity issued by an agency for a competitive grant shall include— (1) a description of any rating system and evaluation and selection criteria the agency uses to assess applications for the competitive grant; (2) a statement of whether the agency uses a weighted scoring method and a description of any weighted scoring method the agency uses for the competitive grant, including the amount by which the agency weights each criterion; and (3) any other qualitative or quantitative merit-based approach the agency uses to evaluate an application for the competitive grant.", "id": "id2c2a1110616f4fe898ff3293d3793640", "header": "Transparency requirements", "nested": [], "links": [] }, { "text": "(c) Rule of construction \nWith respect to a particular competitive grant, nothing in this Act shall be construed to supersede any requirement with respect to a notice of funding opportunity for the competitive grant in a law that authorizes the competitive grant.", "id": "id0C6DCF0C81CE4936AE965E5BE40AF854", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(d) No additional funds \nNo additional funds are authorized to be appropriated for the purpose of carrying out this Act.", "id": "idc00446d31beb41e08b37334dcda19742", "header": "No additional funds", "nested": [], "links": [] }, { "text": "(e) Effective date \n(1) In general \nThis Act shall take effect on the date that is 120 days after the date of enactment of this Act. (2) No retroactive effect \nThis Act shall not apply to a notice of funding opportunity issued before the date of enactment of this Act.", "id": "idd13aaa90ee3840e1b26128a1220c239d", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

[ "Government ethics and transparency, public corruption", "Government information and archives" ]

[ { "text": "1. Short title \nThis Act may be cited as the Reforming Disaster Recovery Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds that— (1) following a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ), the subset of communities that are most impacted and distressed as a result of the disaster face critical social, economic, and environmental obstacles to recovery, including insufficient public and private resources to address disaster-related housing and community development needs for lower income households and distressed communities; (2) unmet disaster recovery needs, including housing assistance needs, can be especially widespread among persons with extremely low-, low-, and moderate-incomes; (3) economic, social, and housing hardships that affect communities before disasters are exacerbated during crises and can delay and complicate long-term recovery, especially after catastrophic major disasters; (4) States, units of local government, and Indian Tribes within the most impacted and distressed areas resulting from major disasters benefit from flexibility to design programs that meet local needs, but face inadequate financial, technical, and staffing capacity to plan and carry out sustained recovery, restoration, and mitigation activities; (5) the speed and effectiveness considerations of long-term recovery from catastrophic major disasters is improved by predictable investments that support disaster relief, long-term recovery, restoration of housing and infrastructure, and economic revitalization, primarily for the benefit of low- and moderate-income persons; (6) undertaking activities that mitigate the effects of future natural disasters and extreme weather and increase the stock of affordable housing, including affordable rental housing, as part of long-term recovery can significantly reduce future fiscal and social costs, especially within high-risk areas, and can help to address outstanding housing and community development needs by creating jobs and providing other economic and social benefits within communities that further promote recovery and resilience; and (7) the general welfare and security of the United States and the health and living standards of its people require targeted resources to support State and local governments in carrying out their responsibilities in disaster recovery and mitigation through interim and long-term housing and community development activities that primarily benefit low- and moderate-income persons.", "id": "id55cd24fe9f154aa2b7fa20419ed6c4ed", "header": "Findings", "nested": [], "links": [ { "text": "42 U.S.C. 5170", "legal-doc": "usc", "parsable-cite": "usc/42/5170" } ] }, { "text": "3. Definitions \nIn this Act: (1) Department \nThe term Department means the Department of Housing and Urban Development. (2) Fund \nThe term Fund means the Long-Term Disaster Recovery Fund established under section 5. (3) Secretary \nThe term Secretary means the Secretary of Housing and Urban Development.", "id": "idf2122f2229834562a643a642c927b88f", "header": "Definitions", "nested": [], "links": [] }, { "text": "4. Duties of the Department of Housing and Urban Development \n(a) In general \nThe offices and officers of the Department shall be responsible for— (1) leading and coordinating the disaster-related responsibilities of the Department under the National Response Framework, the National Disaster Recovery Framework, and the National Mitigation Framework; (2) coordinating and administering programs, policies, and activities of the Department related to disaster relief, long-term recovery, resiliency, and mitigation, including disaster recovery assistance under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ); (3) supporting disaster-impacted communities as those communities specifically assess, plan for, and address the housing stock and housing needs in the transition from emergency shelters and interim housing to permanent housing of those displaced, especially among vulnerable populations and extremely low-, low-, and moderate-income households; (4) collaborating with the Federal Emergency Management Agency and the Small Business Administration and across the Department to align disaster-related regulations and policies, including incorporation of consensus-based codes and standards and insurance purchase requirements, and ensuring coordination and reducing duplication among other Federal disaster recovery programs; (5) promoting best practices in mitigation and land use planning, including consideration of traditional, natural, and nature-based infrastructure alternatives; (6) coordinating technical assistance, including mitigation, resiliency, and recovery training and information on all relevant legal and regulatory requirements, to entities that receive disaster recovery assistance under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) that demonstrate capacity constraints; and (7) supporting State, Tribal, and local governments in developing, coordinating, and maintaining their capacity for disaster resilience and recovery and developing pre-disaster recovery and hazard mitigation plans, in coordination with the Federal Emergency Management Agency and other Federal agencies. (b) Establishment of the Office of Disaster Management and Resiliency \nSection 4 of the Department of Housing and Urban Development Act ( 42 U.S.C. 3533 ) is amended by adding at the end the following: (i) Office of Disaster Management and Resiliency \n(1) Establishment \nThere is established, in the Office of the Secretary, the Office of Disaster Management and Resiliency. (2) Duties \nThe Office of Disaster Management and Resiliency shall— (A) be responsible for oversight and coordination of all departmental disaster preparedness and response responsibilities; and (B) coordinate with the Federal Emergency Management Agency, the Small Business Administration, and the Office of Community Planning and Development and other offices of the Department in supporting recovery and resilience activities to provide a comprehensive approach in working with communities..", "id": "id5aeadc0da2c54cd49ef3c74c9f48c962", "header": "Duties of the Department of Housing and Urban Development", "nested": [ { "text": "(a) In general \nThe offices and officers of the Department shall be responsible for— (1) leading and coordinating the disaster-related responsibilities of the Department under the National Response Framework, the National Disaster Recovery Framework, and the National Mitigation Framework; (2) coordinating and administering programs, policies, and activities of the Department related to disaster relief, long-term recovery, resiliency, and mitigation, including disaster recovery assistance under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ); (3) supporting disaster-impacted communities as those communities specifically assess, plan for, and address the housing stock and housing needs in the transition from emergency shelters and interim housing to permanent housing of those displaced, especially among vulnerable populations and extremely low-, low-, and moderate-income households; (4) collaborating with the Federal Emergency Management Agency and the Small Business Administration and across the Department to align disaster-related regulations and policies, including incorporation of consensus-based codes and standards and insurance purchase requirements, and ensuring coordination and reducing duplication among other Federal disaster recovery programs; (5) promoting best practices in mitigation and land use planning, including consideration of traditional, natural, and nature-based infrastructure alternatives; (6) coordinating technical assistance, including mitigation, resiliency, and recovery training and information on all relevant legal and regulatory requirements, to entities that receive disaster recovery assistance under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) that demonstrate capacity constraints; and (7) supporting State, Tribal, and local governments in developing, coordinating, and maintaining their capacity for disaster resilience and recovery and developing pre-disaster recovery and hazard mitigation plans, in coordination with the Federal Emergency Management Agency and other Federal agencies.", "id": "iddb8a60b7279048679129c1361c9cbb20", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 5301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/5301" }, { "text": "42 U.S.C. 5301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/5301" } ] }, { "text": "(b) Establishment of the Office of Disaster Management and Resiliency \nSection 4 of the Department of Housing and Urban Development Act ( 42 U.S.C. 3533 ) is amended by adding at the end the following: (i) Office of Disaster Management and Resiliency \n(1) Establishment \nThere is established, in the Office of the Secretary, the Office of Disaster Management and Resiliency. (2) Duties \nThe Office of Disaster Management and Resiliency shall— (A) be responsible for oversight and coordination of all departmental disaster preparedness and response responsibilities; and (B) coordinate with the Federal Emergency Management Agency, the Small Business Administration, and the Office of Community Planning and Development and other offices of the Department in supporting recovery and resilience activities to provide a comprehensive approach in working with communities..", "id": "id59e5d2a103b6487aa44e8ae4b1aed99c", "header": "Establishment of the Office of Disaster Management and Resiliency", "nested": [], "links": [ { "text": "42 U.S.C. 3533", "legal-doc": "usc", "parsable-cite": "usc/42/3533" } ] } ], "links": [ { "text": "42 U.S.C. 5301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/5301" }, { "text": "42 U.S.C. 5301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/5301" }, { "text": "42 U.S.C. 3533", "legal-doc": "usc", "parsable-cite": "usc/42/3533" } ] }, { "text": "5. Long-Term Disaster Recovery Fund \n(a) Establishment \nThere is established in the Treasury of the United States an account to be known as the Long-Term Disaster Recovery Fund. (b) Deposits, transfers, and credit \n(1) In general \nThe Fund shall consist of amounts appropriated, transferred, and credited to the Fund. (2) Transfers \nThe following may be transferred to the Fund: (A) Amounts made available through section 106(c)(4) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306(c)(4) ) as a result of actions taken under section 104(e), 111, or 123(j) of such Act. (B) Any unobligated balances available until expended remaining or subsequently recaptured from amounts appropriated for any disaster and related purposes under the heading Community Development Fund in any Act prior to the establishment of the Fund. (3) Use of transferred amounts \nAmounts transferred to the Fund shall be used for the eligible uses described in subsection (c). (c) Eligible uses of fund \n(1) In general \nAmounts in the Fund shall be available— (A) to provide assistance in the form of grants under section 123 of the Housing and Community Development Act of 1974, as added by section 6; and (B) for activities of the Department that support the provision of such assistance, including necessary salaries and expenses, information technology, capacity building and technical assistance (including assistance related to pre-disaster planning), and readiness and other pre-disaster planning activities that are not readily attributable to a single major disaster. (2) Set aside \nOf each amount appropriated for or transferred to the Fund, 2 percent shall be made available for activities described in paragraph (1)(B), which shall be in addition to other amounts made available for those activities. (3) Transfer of funds \nAmounts made available for use in accordance with paragraph (2)— (A) may be transferred to the account under the heading for Program Offices—Community Planning and Development , or any successor account, for the Department to carry out activities described in paragraph (1)(B); and (B) may be used for the activities described in paragraph (1)(B) and for the administrative costs of administering any funds appropriated to the Department under the heading Community Planning and Development—Community Development Fund for any major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) in any Act before the establishment of the Fund. (d) Interchangeability of prior administrative amounts \nAny amounts appropriated in any Act prior to the establishment of the Fund and transferred to the account under the heading Program Offices Salaries and Expenses—Community Planning and Development , or any predecessor account, for the Department for the costs of administering funds appropriated to the Department under the heading Community Planning and Development—Community Development Fund for any major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) shall be available for the costs of administering any such funds provided by any prior or future Act, notwithstanding the purposes for which those amounts were appropriated and in addition to any amount provided for the same purposes in other appropriations Acts. (e) Availability of amounts \nAmounts appropriated, transferred, and credited to the Fund shall remain available until expended. (f) Formula allocation \nUse of amounts in the Fund for grants shall be made by formula allocation in accordance with the requirements of section 123(a) of the Housing and Community Development Act of 1974, as added by section 6. (g) Authorization of appropriations \nThere are authorized to be appropriated to the Fund such sums as may be necessary to respond to current or future major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5179 ) for grants under section 123 of the Housing and Community Development Act of 1974, as added by section 6.", "id": "id12ce7b0405804ce8aa4886cce1afcba2", "header": "Long-Term Disaster Recovery Fund", "nested": [ { "text": "(a) Establishment \nThere is established in the Treasury of the United States an account to be known as the Long-Term Disaster Recovery Fund.", "id": "id2ff1049f396844eb91aa595c4401570c", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Deposits, transfers, and credit \n(1) In general \nThe Fund shall consist of amounts appropriated, transferred, and credited to the Fund. (2) Transfers \nThe following may be transferred to the Fund: (A) Amounts made available through section 106(c)(4) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306(c)(4) ) as a result of actions taken under section 104(e), 111, or 123(j) of such Act. (B) Any unobligated balances available until expended remaining or subsequently recaptured from amounts appropriated for any disaster and related purposes under the heading Community Development Fund in any Act prior to the establishment of the Fund. (3) Use of transferred amounts \nAmounts transferred to the Fund shall be used for the eligible uses described in subsection (c).", "id": "idb9149c5fc23342b980165ff4a15bdbe2", "header": "Deposits, transfers, and credit", "nested": [], "links": [ { "text": "42 U.S.C. 5306(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/5306" } ] }, { "text": "(c) Eligible uses of fund \n(1) In general \nAmounts in the Fund shall be available— (A) to provide assistance in the form of grants under section 123 of the Housing and Community Development Act of 1974, as added by section 6; and (B) for activities of the Department that support the provision of such assistance, including necessary salaries and expenses, information technology, capacity building and technical assistance (including assistance related to pre-disaster planning), and readiness and other pre-disaster planning activities that are not readily attributable to a single major disaster. (2) Set aside \nOf each amount appropriated for or transferred to the Fund, 2 percent shall be made available for activities described in paragraph (1)(B), which shall be in addition to other amounts made available for those activities. (3) Transfer of funds \nAmounts made available for use in accordance with paragraph (2)— (A) may be transferred to the account under the heading for Program Offices—Community Planning and Development , or any successor account, for the Department to carry out activities described in paragraph (1)(B); and (B) may be used for the activities described in paragraph (1)(B) and for the administrative costs of administering any funds appropriated to the Department under the heading Community Planning and Development—Community Development Fund for any major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) in any Act before the establishment of the Fund.", "id": "id5073ca0429d345ce91f57ba259578488", "header": "Eligible uses of fund", "nested": [], "links": [ { "text": "42 U.S.C. 5170", "legal-doc": "usc", "parsable-cite": "usc/42/5170" } ] }, { "text": "(d) Interchangeability of prior administrative amounts \nAny amounts appropriated in any Act prior to the establishment of the Fund and transferred to the account under the heading Program Offices Salaries and Expenses—Community Planning and Development , or any predecessor account, for the Department for the costs of administering funds appropriated to the Department under the heading Community Planning and Development—Community Development Fund for any major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) shall be available for the costs of administering any such funds provided by any prior or future Act, notwithstanding the purposes for which those amounts were appropriated and in addition to any amount provided for the same purposes in other appropriations Acts.", "id": "id529f2556a73440018c6f720f7cfeec2f", "header": "Interchangeability of prior administrative amounts", "nested": [], "links": [ { "text": "42 U.S.C. 5170", "legal-doc": "usc", "parsable-cite": "usc/42/5170" } ] }, { "text": "(e) Availability of amounts \nAmounts appropriated, transferred, and credited to the Fund shall remain available until expended.", "id": "idbcd9599ddd93456f9549aec54ca16267", "header": "Availability of amounts", "nested": [], "links": [] }, { "text": "(f) Formula allocation \nUse of amounts in the Fund for grants shall be made by formula allocation in accordance with the requirements of section 123(a) of the Housing and Community Development Act of 1974, as added by section 6.", "id": "idc6496c6001ce4146b4437386f144f681", "header": "Formula allocation", "nested": [], "links": [] }, { "text": "(g) Authorization of appropriations \nThere are authorized to be appropriated to the Fund such sums as may be necessary to respond to current or future major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5179 ) for grants under section 123 of the Housing and Community Development Act of 1974, as added by section 6.", "id": "id1b73b3808356433fbaaae5f8ce2eb360", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "42 U.S.C. 5179", "legal-doc": "usc", "parsable-cite": "usc/42/5179" } ] } ], "links": [ { "text": "42 U.S.C. 5306(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/5306" }, { "text": "42 U.S.C. 5170", "legal-doc": "usc", "parsable-cite": "usc/42/5170" }, { "text": "42 U.S.C. 5170", "legal-doc": "usc", "parsable-cite": "usc/42/5170" }, { "text": "42 U.S.C. 5179", "legal-doc": "usc", "parsable-cite": "usc/42/5179" } ] }, { "text": "6. Establishment of CDBG Disaster Recovery Program \nTitle I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) is amended— (1) in section 102(a) ( 42 U.S.C. 5302(a) )— (A) in paragraph (20)— (i) by redesignating subparagraph (B) as subparagraph (C); (ii) in subparagraph (C), as so redesignated, by inserting or (B) after subparagraph (A) ; and (iii) by inserting after subparagraph (A) the following: (B) The term persons of extremely low income means families and individuals whose income levels do not exceed household income levels determined by the Secretary under section 3(b)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(2)(C) ), except that the Secretary may provide alternative definitions for the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and American Samoa. ; and (B) by adding at the end the following: (25) The term major disaster has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). ; (2) in section 106(c)(4) ( 42 U.S.C. 5306(c)(4) )— (A) in subparagraph (A)— (i) by striking declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ; (ii) inserting States for use in nonentitlement areas and to before metropolitan cities ; and (iii) inserting major after affected by the ; (B) in subparagraph (C)— (i) by striking metropolitan city or and inserting State, metropolitan city, or ; (ii) by striking city or county and inserting State, city, or county ; and (iii) by inserting major before disaster ; (C) in subparagraph (D), by striking metropolitan cities and and inserting States, metropolitan cities, and ; (D) in subparagraph (F)— (i) by striking metropolitan city or and inserting State, metropolitan city, or ; and (ii) by inserting major before disaster ; and (E) in subparagraph (G), by striking metropolitan city or and inserting State, metropolitan city, or ; (3) in section 122 ( 42 U.S.C. 5321 ), by striking disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and inserting major disaster ; and (4) by adding at the end the following: 123. Community development block grant disaster recovery program \n(a) Authorization, formula, and allocation \n(1) Authorization \nThe Secretary is authorized to make community development block grant disaster recovery grants from the Long-Term Disaster Recovery Fund established under section 5 of the Reforming Disaster Recovery Act (hereinafter referred to as the Fund ) for necessary expenses for activities authorized under subsection (f)(1) related to disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from a catastrophic major disaster. (2) Grant awards \nGrants shall be awarded under this section to States, units of general local government, and Indian tribes based on capacity and the concentration of damage, as determined by the Secretary, to support the efficient and effective administration of funds. (3) Section 106 allocations \nGrants under this section shall not be considered relevant to the formula allocations made pursuant to section 106. (4) Federal register notice \n(A) In general \nNot later than 30 days after the date of enactment of this section, the Secretary shall issue a notice in the Federal Register containing the latest formula allocation methodologies used to determine the total estimate of unmet needs related to housing, economic revitalization, and infrastructure in the most impacted and distressed areas resulting from a catastrophic major disaster. (B) Public comment \nIf the Secretary has not already requested public comment on the formula described in the notice required by subparagraph (A), the Secretary shall solicit public comments on— (i) the methodologies described in subparagraph (A) and seek alternative methods for formula allocation within a similar total amount of funding; (ii) the impact of formula methodologies on rural areas and Tribal areas; (iii) adjustments to improve targeting to the most serious needs; (iv) objective criteria for grantee capacity and concentration of damage to inform grantee determinations and minimum allocation thresholds; and (v) research and data to inform an additional amount to be provided for mitigation depending on type of disaster, which shall be not more than 30 percent of the total estimate of unmet needs. (5) Regulations \n(A) In general \nThe Secretary shall, by regulation, establish a formula to allocate assistance from the Fund to the most impacted and distressed areas resulting from a catastrophic major disaster. (B) Formula requirements \nThe formula established under subparagraph (A) shall— (i) set forth criteria to determine that a major disaster is catastrophic, which criteria shall consider the presence of a high concentration of damaged housing or businesses that individual, State, Tribal, and local resources could not reasonably be expected to address without additional Federal assistance or other nationally encompassing data that the Secretary determines are adequate to assess relative impact and distress across geographic areas; (ii) include a methodology for identifying most impacted and distressed areas, which shall consider unmet serious needs related to housing, economic revitalization, and infrastructure; (iii) include an allocation calculation that considers the unmet serious needs resulting from the catastrophic major disaster and an additional amount up to 30 percent for activities to reduce risks of loss resulting from other natural disasters in the most impacted and distressed area, primarily for the benefit of low- and moderate-income persons, with particular focus on activities that reduce repetitive loss of property and critical infrastructure; and (iv) establish objective criteria for periodic review and updates to the formula to reflect changes in available science and data. (C) Minimum allocation threshold \nThe Secretary shall, by regulation, establish a minimum allocation threshold. (D) Interim allocation \nUntil such time that the Secretary issues final regulations under this paragraph, the Secretary shall— (i) allocate assistance from the Fund using the formula allocation methodology published in accordance with paragraph (4); and (ii) include an additional amount for mitigation equal to 15 percent of the total estimate of unmet need. (6) Allocation of funds \n(A) In general \nThe Secretary shall— (i) except as provided in clause (ii), not later than 90 days after the President declares a major disaster, use best available data to determine whether the major disaster is catastrophic and qualifies for assistance under the formula described in paragraph (4) or (5), unless data is insufficient to make this determination; and (ii) if the best available data is insufficient to make the determination required under clause (i) within the 90-day period described in that clause, the Secretary shall determine whether the major disaster qualifies when sufficient data becomes available, but in no case shall the Secretary make the determination later than 120 days after the declaration of the major disaster. (B) Announcement of allocation \nIf amounts are available in the Fund at the time the Secretary determines that the major disaster is catastrophic and qualifies for assistance under the formula described in paragraph (4) or (5), the Secretary shall immediately announce an allocation for a grant under this section. (C) Additional amounts \nIf additional amounts are appropriated to the Fund after amounts are allocated under subparagraph (B), the Secretary shall announce an allocation or additional allocation (if a prior allocation under subparagraph (B) was less than the formula calculation) within 15 days of any such appropriation. (7) Preliminary funding \n(A) In general \nTo speed recovery, the Secretary is authorized to allocate and award preliminary grants from the Fund before making a determination under paragraph (6)(A) if the Secretary projects, based on a preliminary assessment of impact and distress, that a major disaster is catastrophic and would likely qualify for funding under the formula described in paragraph (4) or (5). (B) Amount \n(i) Maximum \nThe Secretary may award preliminary funding under subparagraph (A) in an amount that is not more than $5,000,000. (ii) Sliding scale \nThe Secretary shall, by regulation, establish a sliding scale for preliminary funding awarded under subparagraph (A) based on the size of the preliminary assessment of impact and distress. (C) Use of funds \nThe uses of preliminary funding awarded under subparagraph (A) shall be limited to eligible activities that— (i) in the determination of the Secretary, will support faster recovery, improve the ability of the grantee to assess unmet recovery needs, plan for the prevention of improper payments, and reduce fraud, waste, and abuse; and (ii) may include evaluating the interim housing, permanent housing, and supportive service needs of the disaster impacted community, with special attention to vulnerable populations, such as homeless and low- to moderate-income households, to inform the grantee action plan required under subsection (c). (D) Consideration of funding \nPreliminary funding awarded under subparagraph (A)— (i) is not subject to the certification requirements of subsection (h)(1); and (ii) shall not be considered when calculating the amount of the grant used for administrative costs, technical assistance, and planning activities that are subject to the requirements under subsection (f)(2). (E) Waiver \nTo expedite the use of preliminary funding for activities described in this paragraph, the Secretary may waive or specify alternative requirements to the requirements of this section in accordance with subsection (i). (F) Amended award \n(i) In general \nAn award for preliminary funding under subparagraph (A) may be amended to add any subsequent amount awarded because of a determination by the Secretary that a major disaster is catastrophic and qualifies for assistance under the formula. (ii) Applicability \nNotwithstanding subparagraph (D), amounts provided by an amendment under clause (i) are subject to the requirements under subsections (f)(1) and (h)(1) and other requirements on grant funds under this section. (G) Technical assistance \nConcurrent with the allocation of any preliminary funding awarded under this paragraph, the Secretary shall assign or provide technical assistance to the recipient of the grant. (b) Interchangeability \n(1) In general \nThe Secretary is authorized to approve the use of grants under this section to be used interchangeably and without limitation for the same activities in the most impacted and distressed areas resulting from a declaration of another catastrophic major disaster that qualifies for assistance under the formula established under paragraph (4) or (5) of subsection (a) or a major disaster for which the Secretary allocated funds made available under the heading Community Development Fund in any Act prior to the establishment of the Fund. (2) Requirements \nThe Secretary shall establish requirements to expedite the use of grants under this section for the purpose described in paragraph (1). (3) Emergency designation \nAmounts repurposed pursuant to this subsection that were previously designated by Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget are designated by Congress as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress) and legislation establishing fiscal year 2024 budget enforcement in the House of Representatives. (c) Grantee plans \n(1) Requirement \nNot later than 90 days after the date on which the Secretary announces a grant allocation under this section, unless an extension is granted by the Secretary, the grantee shall submit to the Secretary a plan for approval describing— (A) the activities the grantee will carry out with the grant under this section; (B) the criteria of the grantee for awarding assistance and selecting activities; (C) how the use of the grant under this section will address disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas; (D) how the use of the grant funds for mitigation is consistent with hazard mitigation plans submitted to the Federal Emergency Management Agency under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ); (E) the estimated amount proposed to be used for activities that will benefit persons of low and moderate income; (F) how the use of grant funds will repair and replace existing housing stock for vulnerable populations, including low- to moderate-income households; (G) how the grantee will address the priorities described in paragraph (5); (H) how uses of funds are proportional to unmet needs, as required under paragraph (6); (I) for State grantees that plan to distribute grant amounts to units of general local government, a description of the method of distribution; and (J) such other information as may be determined by the Secretary in regulation. (2) Public consultation \nTo permit public examination and appraisal of the plan described in paragraph (1), to enhance the public accountability of grantee, and to facilitate coordination of activities with different levels of government, when developing the plan or substantial amendments proposed to the plan required under paragraph (1), a grantee shall— (A) publish the plan before adoption; (B) provide citizens, affected units of general local government, and other interested parties with reasonable notice of, and opportunity to comment on, the plan, with a public comment period of not less than 14 days; (C) consider comments received before submission to the Secretary; (D) follow a citizen participation plan for disaster assistance adopted by the grantee that, at a minimum, provides for participation of residents of the most impacted and distressed area affected by the major disaster that resulted in the grant under this section and other considerations established by the Secretary; and (E) undertake any consultation with interested parties as may be determined by the Secretary in regulation. (3) Approval \nThe Secretary shall— (A) by regulation, specify criteria for the approval, partial approval, or disapproval of a plan submitted under paragraph (1), including approval of substantial amendments to the plan; (B) review a plan submitted under paragraph (1) upon receipt of the plan; (C) allow a grantee to revise and resubmit a plan or substantial amendment to a plan under paragraph (1) that the Secretary disapproves; (D) by regulation, specify criteria for when the grantee shall be required to provide the required revisions to a disapproved plan or substantial amendment under paragraph (1) for public comment prior to resubmission of the plan or substantial amendment to the Secretary; and (E) approve, partially approve, or disapprove a plan or substantial amendment under paragraph (1) not later than 60 days after the date on which the plan or substantial amendment is received by the Secretary. (4) Low- and moderate-income overall benefit \n(A) Use of funds \nNot less than 70 percent of a grant made under this section shall be used for activities that benefit persons of low and moderate income unless the Secretary— (i) specifically finds that— (I) there is compelling need to reduce the percentage for the grant; and (II) the housing needs of low- and moderate-income persons have been addressed; and (ii) issues a waiver and alternative requirement specific to the grant pursuant to subsection (i) to lower the percentage. (B) Regulations \nThe Secretary shall, by regulation, establish protocols consistent with the findings of section 2 of the Reforming Disaster Recovery Act to prioritize the use of funds by a grantee under this section to meet the needs of low- and moderate-income persons and businesses serving primarily persons of low and moderate income. (5) Prioritization \nThe grantee shall prioritize activities that— (A) assist persons with extremely low-, low-, and moderate-incomes and other vulnerable populations to better recover from and withstand future disasters, emphasizing those with the most severe needs; (B) address affordable housing, including affordable rental housing, needs arising from a disaster, or those needs present prior to a disaster; (C) prolong the life of housing and infrastructure; (D) use cost-effective means of preventing harm to people and property and incorporate protective features, redundancies, and energy savings; and (E) other measures that will assure the continuation of critical services during future disasters. (6) Proportional allocation \n(A) In general \nA grantee under this section shall allocate grant funds proportional to unmet needs between housing activities, economic revitalization, and infrastructure, unless the Secretary— (i) specifically finds that— (I) there is a compelling need for a disproportional allocation among those unmet needs; and (II) the disproportional allocation described in subclause (I) is not inconsistent with the requirements under paragraph (4); and (ii) issues a waiver and alternative requirement pursuant to subsection (i) to allow for the disproportional allocation described in clause (i)(I). (B) Housing activities \nWith respect to housing activities described in subparagraph (A)(i), grantees should address proportional needs between homeowners and renters, including low-income households in public housing and Federally subsidized housing. (7) Disaster risk mitigation \n(A) Definition \nIn this paragraph, the term hazard-prone areas — (i) means areas identified by the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, at risk from natural hazards that threaten property damage or health, safety, and welfare, such as floods, wildfires (including Wildland-Urban Interface areas), earthquakes, lava inundation, tornados, and high winds; and (ii) includes areas having special flood hazards as identified under the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4002 et seq. ) or the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ). (B) Hazard-prone areas \nThe Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall establish minimum construction standards, insurance purchase requirements, and other requirements for the use of grant funds in hazard-prone areas. (C) Special flood hazards \n(i) In general \nFor the areas described in subparagraph (A)(ii), the insurance purchase requirements established under subparagraph (B) shall meet or exceed the requirements under section 102(a) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a(a) ). (ii) Treatment as financial assistance \nAll grants under this section shall be treated as financial assistance for purposes of section 3(a)(3) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4003(a)(3) ). (D) Consideration of future risks \nThe Secretary may consider future risks to protecting property and health, safety, and general welfare, and the likelihood of those risks, when making the determination of or modification to hazard-prone areas under this paragraph. (8) Relocation \n(A) In general \nThe Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq. ) shall apply to activities assisted under this section to the extent determined by the Secretary in regulation, or as provided in waivers or alternative requirements authorized in accordance with subsection (i). (B) Policy \nEach grantee under this section shall establish a relocation assistance policy that— (i) minimizes displacement and describes the benefits available to persons displaced as a direct result of acquisition, rehabilitation, or demolition in connection with an activity that is assisted by a grant under this section; and (ii) includes any appeal rights or other requirements that the Secretary establishes by regulation. (d) Certifications \nAny grant under this section shall be made only if the grantee certifies to the satisfaction of the Secretary that— (1) the grantee is in full compliance with the requirements under subsection (c)(2); (2) for grants other than grants to Indian tribes, the grant will be conducted and administered in conformity with the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. ) and the Fair Housing Act ( 42 U.S.C. 3601 et seq. ); (3) the projected use of funds has been developed so as to give maximum feasible priority to activities that will benefit extremely low-, low-, and moderate-income families and activities described in subsection (c)(5), and may also include activities that are designed to aid in the prevention or elimination of slum and blight to support disaster recovery, meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs, and alleviate future threats to human populations, critical natural resources, and property that an analysis of hazards shows are likely to result from natural disasters in the future; (4) the grant funds shall principally benefit persons of low and moderate income as described in subsection (c)(4); (5) for grants other than grants to Indian Tribes, within 24 months of receiving a grant or at the time of its 3- or 5-year update, whichever is sooner, the grantee will review and make modifications to its non-disaster housing and community development plans and strategies required by subsections (c) and (m) of section 104 to reflect the disaster recovery needs identified by the grantee and consistency with the plan under subsection (c)(1); (6) the grantee will not attempt to recover any capital costs of public improvements assisted in whole or part under this section by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless— (A) funds received under this section are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under this chapter; or (B) for purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary that the grantee lacks sufficient funds received under this section to comply with the requirements of subparagraph (A); (7) the grantee will comply with the other provisions of this title that apply to assistance under this section and with other applicable laws; (8) the grantee will follow a relocation assistance policy that includes any minimum requirements identified by the Secretary; and (9) the grantee will adhere to construction standards, insurance purchase requirements, and other requirements for development in hazard-prone areas described in subsection (c)(7). (e) Performance reviews and reporting \n(1) In general \nThe Secretary shall, on not less frequently than an annual basis, make such reviews and audits as may be necessary or appropriate to determine whether a grantee under this section has— (A) carried out activities using grant funds in a timely manner; (B) met the performance targets established by paragraph (2); (C) carried out activities using grant funds in accordance with the requirements of this section, the other provisions of this title that apply to assistance under this section, and other applicable laws; and (D) a continuing capacity to carry out activities in a timely manner. (2) Performance targets \nThe Secretary shall develop and make publicly available critical performance targets for review, which shall include spending thresholds for each year from the date on which funds are obligated by the Secretary to the grantee until such time all funds have been expended. (3) Failure to meet targets \n(A) Suspension \nIf a grantee under this section fails to meet 1 or more critical performance targets under paragraph (2), the Secretary may temporarily suspend the grant. (B) Performance improvement plan \nIf the Secretary suspends a grant under subparagraph (A), the Secretary shall provide to the grantee a performance improvement plan with the specific requirements needed to lift the suspension within a defined time period. (C) Report \nIf a grantee fails to meet the spending thresholds established under paragraph (2), the grantee shall submit to the Secretary, the appropriate committees of Congress, and each member of Congress who represents a district or State of the grantee a written report identifying technical capacity, funding, or other Federal or State impediments affecting the ability of the grantee to meet the spending thresholds. (4) Collection of information and reporting \n(A) Requirement to report \nA grantee under this section shall provide to the Secretary such information as the Secretary may determine necessary for adequate oversight of the grant program under this section. (B) Public availability \nSubject to subparagraph (D), the Secretary shall make information submitted under subparagraph (A) available to the public and to the Inspector General for the Department of Housing and Urban Development, disaggregated by activity, income, geography, and all classes of individuals protected under section 109 and the Fair Housing Act. (C) Summary status reports \nTo increase transparency and accountability of the grant program under this section the Secretary shall, on not less frequently than an annual basis, post on a public facing dashboard summary status reports for all active grants under this section that includes— (i) the status of funds by activity; (ii) the percentages of funds allocated and expended to benefit low- and moderate-income communities; (iii) performance targets, spending thresholds, and accomplishments; and (iv) other information the Secretary determines to be relevant for transparency. (D) Considerations \nIn carrying out this paragraph, the Secretary— (i) shall take such actions as may be necessary to ensure that personally identifiable information regarding applicants for assistance provided from funds made available under this section is not made publicly available; and (ii) may make full and unredacted information available to academic institutions for the purpose of researching into the equitable distribution of recovery funds and adherence to civil rights protections. (f) Eligible activities \n(1) In general \nActivities assisted under this section— (A) may include activities permitted under section 105 or other activities permitted by the Secretary by waiver or alternative requirement pursuant to subsection (i); and (B) shall be related to disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from the major disaster for which the grant was awarded. (2) Prohibition \nGrant funds under this section may not be used for costs reimbursable by, or for which funds have been made available by, the Federal Emergency Management Agency, or the United States Army Corps of Engineers. (3) Administrative costs, technical assistance and planning \n(A) In general \nThe Secretary shall establish in regulation the maximum grant amounts a grantee may use for administrative costs, technical assistance and planning activities, taking into consideration size of grant, complexity of recovery, and other factors as determined by the Secretary, but not to exceed 10 percent for administration and 20 percent in total. (B) Availability \nAmounts available for administrative costs for a grant under this section shall be available for eligible administrative costs of the grantee for any grant made under this section, without regard to a particular disaster. (4) Program income \nNotwithstanding any other provision of law, any grantee under this section may retain program income that is realized from grants made by the Secretary under this section if the grantee agrees that the grantee will utilize the program income in accordance with the requirements for grants under this section, except that the Secretary may— (A) by regulation, exclude from consideration as program income any amounts determined to be so small that compliance with this paragraph creates an unreasonable administrative burden on the grantee; or (B) permit the grantee to transfer remaining program income to the other grants of the grantee under this title upon closeout of the grant. (5) Prohibition on use of assistance for employment relocation activities \n(A) In general \nGrants under this section may not be used to assist directly in the relocation of any industrial or commercial plant, facility, or operation, from one area to another area, if the relocation is likely to result in a significant loss of employment in the labor market area from which the relocation occurs. (B) Applicability \nThe prohibition under subparagraph (A) shall not apply to a business that was operating in the disaster-declared labor market area before the incident date of the applicable disaster and has since moved, in whole or in part, from the affected area to another State or to a labor market area within the same State to continue business. (6) Requirements \nGrants under this section are subject to the requirements of this section, the other provisions of this title that apply to assistance under this section, and other applicable laws, unless modified by waivers or alternative requirements in accordance with subsection (i). (g) Environmental review \n(1) Adoption \nA recipient of funds provided under this section that uses the funds to supplement Federal assistance provided under section 203, 402, 403, 404, 406, 407, 408(c)(4), 428, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170a , 5170b, 5170c, 5172, 5173, 5174(c)(4), 5189f, 5192) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and that adoption shall satisfy the responsibilities of the recipient with respect to the environmental review, approval, or permit under section 104(g)(1). (2) Approval of release of funds \nNotwithstanding section 104(g)(2), the Secretary or a State may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project to be assisted under this section if the recipient has adopted an environmental review, approval, or permit under paragraph (1) or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (3) Units of general local government \nThe provisions of section 104(g)(4) shall apply to assistance under this section that a State distributes to a unit of general local government. (h) Financial controls and procedures \n(1) In general \nThe Secretary shall develop requirements and procedures to demonstrate that a grantee under this section— (A) has adequate financial controls and procurement processes; (B) has adequate procedures to detect and prevent fraud, waste, abuse, and duplication of benefit; and (C) maintains a comprehensive and publicly accessible website. (2) Certification \nBefore making a grant under this section, the Secretary shall certify that the grantee has in place proficient processes and procedures to comply with the requirements developed under paragraph (1), as determined by the Secretary. (3) Compliance before allocation \nThe Secretary may permit a State, unit of general local government, or Indian tribe to demonstrate compliance with the requirements for adequate financial controls developed under paragraph (1) before a disaster occurs and before receiving an allocation for a grant under this section. (4) Duplication of benefits \n(A) In general \nFunds made available under this section shall be used in accordance with section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ), as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115–254 ), and such rules as may be prescribed under such section 312. (B) Penalties \nIn any case in which the use of grant funds under this section results in a prohibited duplication of benefits, the grantee shall— (i) apply an amount equal to the identified duplication to any allowable costs of the award consistent with actual, immediate cash requirement; (ii) remit any excess amounts to the Secretary to be credited to the obligated, undisbursed balance of the grant consistent with requirements on Federal payments applicable to such grantee; and (iii) if excess amounts under clause (ii) are identified after the period of performance or after the closeout of the award, remit such amounts to the Secretary to be credited to the Fund. (C) Failure to comply \nAny grantee provided funds under this section or from prior Appropriations Acts under the heading Community Development Fund for purposes related to major disasters that fails to comply with section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ) or fails to satisfy penalties to resolve a duplication of benefits shall be subject to remedies for noncompliance under section 111, unless the Secretary publishes a determination in the Federal Register that it is not in the best interest of the Federal Government to pursue remedial actions. (i) Waivers \n(1) In general \nIn administering grants under this section, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the grantee of those funds (except for requirements related to fair housing, nondiscrimination, labor standards, the environment, and the requirements of this section that do not expressly authorize modifications by waiver or alternative requirement), if the Secretary makes a public finding that good cause exists for the waiver or alternative requirement and the waiver or alternative requirement would not be inconsistent with the findings in section 2 of the Reforming Disaster Recovery Act. (2) Effective date \nA waiver or alternative requirement described in paragraph (1) shall not take effect before the date that is 5 days after the date of publication of the waiver or alternative requirement on the website of the Department of Housing and Urban Development or the effective date for any regulation published in the Federal Register. (3) Public notification \nThe Secretary shall notify the public of all waivers or alternative requirements described in paragraph (1) in accordance with the requirements of section 7(q)(3) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535(q)(3) ). (j) Unused amounts \n(1) Deadline to use amounts \nA grantee under this section shall use an amount equal to the grant within 6 years beginning on the date on which the Secretary obligates the amounts to the grantee, as such period may be extended under paragraph (4). (2) Recapture \nThe Secretary shall recapture and credit to the Fund any amount that is unused by a grantee under this section upon the earlier of— (A) the date on which the grantee notifies the Secretary that the grantee has completed all activities identified in the disaster grantee’s plan under subsection (c); or (B) the expiration of the 6-year period described in paragraph (1), as such period may be extended under paragraph (4). (3) Retention of funds \nNotwithstanding paragraph (1), the Secretary may allow a grantee under this section to retain— (A) amounts needed to close out grants; and (B) up to 10 percent of the remaining funds to support maintenance of the minimal capacity to launch a new program in the event of a future disaster and to support pre-disaster long-term recovery and mitigation planning. (4) Extension of period for use of funds \nThe Secretary may extend the 6-year period described in paragraph (1) by not more than 4 years, or not more than 6 years for mitigation activities, if— (A) the grantee submits to the Secretary— (i) written documentation of the exigent circumstances impacting the ability of the grantee to expend funds that could not be anticipated; or (ii) a justification that such request is necessary due to the nature and complexity of the program and projects; and (B) the Secretary submits a written justification for the extension to the Committees on Appropriations of Senate and the House of Representatives that specifies the period of that extension..", "id": "id6616ec736fd348e19bdf458b740848f5", "header": "Establishment of CDBG Disaster Recovery Program", "nested": [], "links": [ { "text": "42 U.S.C. 5301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/5301" }, { "text": "42 U.S.C. 5302(a)", "legal-doc": "usc", "parsable-cite": "usc/42/5302" }, { "text": "42 U.S.C. 1437a(b)(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/1437a" }, { "text": "42 U.S.C. 5122", "legal-doc": "usc", "parsable-cite": "usc/42/5122" }, { "text": "42 U.S.C. 5306(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/5306" }, { "text": "42 U.S.C. 5321", "legal-doc": "usc", "parsable-cite": "usc/42/5321" }, { "text": "42 U.S.C. 5165", "legal-doc": "usc", "parsable-cite": "usc/42/5165" }, { "text": "42 U.S.C. 4002 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4002" }, { "text": "42 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4001" }, { "text": "42 U.S.C. 4012a(a)", "legal-doc": "usc", "parsable-cite": "usc/42/4012a" }, { "text": "42 U.S.C. 4003(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/4003" }, { "text": "42 U.S.C. 4601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4601" }, { "text": "42 U.S.C. 2000a et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000a" }, { "text": "42 U.S.C. 3601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/3601" }, { "text": "42 U.S.C. 5170a", "legal-doc": "usc", "parsable-cite": "usc/42/5170a" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "42 U.S.C. 5155", "legal-doc": "usc", "parsable-cite": "usc/42/5155" }, { "text": "Public Law 115–254", "legal-doc": "public-law", "parsable-cite": "pl/115/254" }, { "text": "42 U.S.C. 5155", "legal-doc": "usc", "parsable-cite": "usc/42/5155" }, { "text": "42 U.S.C. 3535(q)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/3535" } ] }, { "text": "123. Community development block grant disaster recovery program \n(a) Authorization, formula, and allocation \n(1) Authorization \nThe Secretary is authorized to make community development block grant disaster recovery grants from the Long-Term Disaster Recovery Fund established under section 5 of the Reforming Disaster Recovery Act (hereinafter referred to as the Fund ) for necessary expenses for activities authorized under subsection (f)(1) related to disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from a catastrophic major disaster. (2) Grant awards \nGrants shall be awarded under this section to States, units of general local government, and Indian tribes based on capacity and the concentration of damage, as determined by the Secretary, to support the efficient and effective administration of funds. (3) Section 106 allocations \nGrants under this section shall not be considered relevant to the formula allocations made pursuant to section 106. (4) Federal register notice \n(A) In general \nNot later than 30 days after the date of enactment of this section, the Secretary shall issue a notice in the Federal Register containing the latest formula allocation methodologies used to determine the total estimate of unmet needs related to housing, economic revitalization, and infrastructure in the most impacted and distressed areas resulting from a catastrophic major disaster. (B) Public comment \nIf the Secretary has not already requested public comment on the formula described in the notice required by subparagraph (A), the Secretary shall solicit public comments on— (i) the methodologies described in subparagraph (A) and seek alternative methods for formula allocation within a similar total amount of funding; (ii) the impact of formula methodologies on rural areas and Tribal areas; (iii) adjustments to improve targeting to the most serious needs; (iv) objective criteria for grantee capacity and concentration of damage to inform grantee determinations and minimum allocation thresholds; and (v) research and data to inform an additional amount to be provided for mitigation depending on type of disaster, which shall be not more than 30 percent of the total estimate of unmet needs. (5) Regulations \n(A) In general \nThe Secretary shall, by regulation, establish a formula to allocate assistance from the Fund to the most impacted and distressed areas resulting from a catastrophic major disaster. (B) Formula requirements \nThe formula established under subparagraph (A) shall— (i) set forth criteria to determine that a major disaster is catastrophic, which criteria shall consider the presence of a high concentration of damaged housing or businesses that individual, State, Tribal, and local resources could not reasonably be expected to address without additional Federal assistance or other nationally encompassing data that the Secretary determines are adequate to assess relative impact and distress across geographic areas; (ii) include a methodology for identifying most impacted and distressed areas, which shall consider unmet serious needs related to housing, economic revitalization, and infrastructure; (iii) include an allocation calculation that considers the unmet serious needs resulting from the catastrophic major disaster and an additional amount up to 30 percent for activities to reduce risks of loss resulting from other natural disasters in the most impacted and distressed area, primarily for the benefit of low- and moderate-income persons, with particular focus on activities that reduce repetitive loss of property and critical infrastructure; and (iv) establish objective criteria for periodic review and updates to the formula to reflect changes in available science and data. (C) Minimum allocation threshold \nThe Secretary shall, by regulation, establish a minimum allocation threshold. (D) Interim allocation \nUntil such time that the Secretary issues final regulations under this paragraph, the Secretary shall— (i) allocate assistance from the Fund using the formula allocation methodology published in accordance with paragraph (4); and (ii) include an additional amount for mitigation equal to 15 percent of the total estimate of unmet need. (6) Allocation of funds \n(A) In general \nThe Secretary shall— (i) except as provided in clause (ii), not later than 90 days after the President declares a major disaster, use best available data to determine whether the major disaster is catastrophic and qualifies for assistance under the formula described in paragraph (4) or (5), unless data is insufficient to make this determination; and (ii) if the best available data is insufficient to make the determination required under clause (i) within the 90-day period described in that clause, the Secretary shall determine whether the major disaster qualifies when sufficient data becomes available, but in no case shall the Secretary make the determination later than 120 days after the declaration of the major disaster. (B) Announcement of allocation \nIf amounts are available in the Fund at the time the Secretary determines that the major disaster is catastrophic and qualifies for assistance under the formula described in paragraph (4) or (5), the Secretary shall immediately announce an allocation for a grant under this section. (C) Additional amounts \nIf additional amounts are appropriated to the Fund after amounts are allocated under subparagraph (B), the Secretary shall announce an allocation or additional allocation (if a prior allocation under subparagraph (B) was less than the formula calculation) within 15 days of any such appropriation. (7) Preliminary funding \n(A) In general \nTo speed recovery, the Secretary is authorized to allocate and award preliminary grants from the Fund before making a determination under paragraph (6)(A) if the Secretary projects, based on a preliminary assessment of impact and distress, that a major disaster is catastrophic and would likely qualify for funding under the formula described in paragraph (4) or (5). (B) Amount \n(i) Maximum \nThe Secretary may award preliminary funding under subparagraph (A) in an amount that is not more than $5,000,000. (ii) Sliding scale \nThe Secretary shall, by regulation, establish a sliding scale for preliminary funding awarded under subparagraph (A) based on the size of the preliminary assessment of impact and distress. (C) Use of funds \nThe uses of preliminary funding awarded under subparagraph (A) shall be limited to eligible activities that— (i) in the determination of the Secretary, will support faster recovery, improve the ability of the grantee to assess unmet recovery needs, plan for the prevention of improper payments, and reduce fraud, waste, and abuse; and (ii) may include evaluating the interim housing, permanent housing, and supportive service needs of the disaster impacted community, with special attention to vulnerable populations, such as homeless and low- to moderate-income households, to inform the grantee action plan required under subsection (c). (D) Consideration of funding \nPreliminary funding awarded under subparagraph (A)— (i) is not subject to the certification requirements of subsection (h)(1); and (ii) shall not be considered when calculating the amount of the grant used for administrative costs, technical assistance, and planning activities that are subject to the requirements under subsection (f)(2). (E) Waiver \nTo expedite the use of preliminary funding for activities described in this paragraph, the Secretary may waive or specify alternative requirements to the requirements of this section in accordance with subsection (i). (F) Amended award \n(i) In general \nAn award for preliminary funding under subparagraph (A) may be amended to add any subsequent amount awarded because of a determination by the Secretary that a major disaster is catastrophic and qualifies for assistance under the formula. (ii) Applicability \nNotwithstanding subparagraph (D), amounts provided by an amendment under clause (i) are subject to the requirements under subsections (f)(1) and (h)(1) and other requirements on grant funds under this section. (G) Technical assistance \nConcurrent with the allocation of any preliminary funding awarded under this paragraph, the Secretary shall assign or provide technical assistance to the recipient of the grant. (b) Interchangeability \n(1) In general \nThe Secretary is authorized to approve the use of grants under this section to be used interchangeably and without limitation for the same activities in the most impacted and distressed areas resulting from a declaration of another catastrophic major disaster that qualifies for assistance under the formula established under paragraph (4) or (5) of subsection (a) or a major disaster for which the Secretary allocated funds made available under the heading Community Development Fund in any Act prior to the establishment of the Fund. (2) Requirements \nThe Secretary shall establish requirements to expedite the use of grants under this section for the purpose described in paragraph (1). (3) Emergency designation \nAmounts repurposed pursuant to this subsection that were previously designated by Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget are designated by Congress as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress) and legislation establishing fiscal year 2024 budget enforcement in the House of Representatives. (c) Grantee plans \n(1) Requirement \nNot later than 90 days after the date on which the Secretary announces a grant allocation under this section, unless an extension is granted by the Secretary, the grantee shall submit to the Secretary a plan for approval describing— (A) the activities the grantee will carry out with the grant under this section; (B) the criteria of the grantee for awarding assistance and selecting activities; (C) how the use of the grant under this section will address disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas; (D) how the use of the grant funds for mitigation is consistent with hazard mitigation plans submitted to the Federal Emergency Management Agency under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ); (E) the estimated amount proposed to be used for activities that will benefit persons of low and moderate income; (F) how the use of grant funds will repair and replace existing housing stock for vulnerable populations, including low- to moderate-income households; (G) how the grantee will address the priorities described in paragraph (5); (H) how uses of funds are proportional to unmet needs, as required under paragraph (6); (I) for State grantees that plan to distribute grant amounts to units of general local government, a description of the method of distribution; and (J) such other information as may be determined by the Secretary in regulation. (2) Public consultation \nTo permit public examination and appraisal of the plan described in paragraph (1), to enhance the public accountability of grantee, and to facilitate coordination of activities with different levels of government, when developing the plan or substantial amendments proposed to the plan required under paragraph (1), a grantee shall— (A) publish the plan before adoption; (B) provide citizens, affected units of general local government, and other interested parties with reasonable notice of, and opportunity to comment on, the plan, with a public comment period of not less than 14 days; (C) consider comments received before submission to the Secretary; (D) follow a citizen participation plan for disaster assistance adopted by the grantee that, at a minimum, provides for participation of residents of the most impacted and distressed area affected by the major disaster that resulted in the grant under this section and other considerations established by the Secretary; and (E) undertake any consultation with interested parties as may be determined by the Secretary in regulation. (3) Approval \nThe Secretary shall— (A) by regulation, specify criteria for the approval, partial approval, or disapproval of a plan submitted under paragraph (1), including approval of substantial amendments to the plan; (B) review a plan submitted under paragraph (1) upon receipt of the plan; (C) allow a grantee to revise and resubmit a plan or substantial amendment to a plan under paragraph (1) that the Secretary disapproves; (D) by regulation, specify criteria for when the grantee shall be required to provide the required revisions to a disapproved plan or substantial amendment under paragraph (1) for public comment prior to resubmission of the plan or substantial amendment to the Secretary; and (E) approve, partially approve, or disapprove a plan or substantial amendment under paragraph (1) not later than 60 days after the date on which the plan or substantial amendment is received by the Secretary. (4) Low- and moderate-income overall benefit \n(A) Use of funds \nNot less than 70 percent of a grant made under this section shall be used for activities that benefit persons of low and moderate income unless the Secretary— (i) specifically finds that— (I) there is compelling need to reduce the percentage for the grant; and (II) the housing needs of low- and moderate-income persons have been addressed; and (ii) issues a waiver and alternative requirement specific to the grant pursuant to subsection (i) to lower the percentage. (B) Regulations \nThe Secretary shall, by regulation, establish protocols consistent with the findings of section 2 of the Reforming Disaster Recovery Act to prioritize the use of funds by a grantee under this section to meet the needs of low- and moderate-income persons and businesses serving primarily persons of low and moderate income. (5) Prioritization \nThe grantee shall prioritize activities that— (A) assist persons with extremely low-, low-, and moderate-incomes and other vulnerable populations to better recover from and withstand future disasters, emphasizing those with the most severe needs; (B) address affordable housing, including affordable rental housing, needs arising from a disaster, or those needs present prior to a disaster; (C) prolong the life of housing and infrastructure; (D) use cost-effective means of preventing harm to people and property and incorporate protective features, redundancies, and energy savings; and (E) other measures that will assure the continuation of critical services during future disasters. (6) Proportional allocation \n(A) In general \nA grantee under this section shall allocate grant funds proportional to unmet needs between housing activities, economic revitalization, and infrastructure, unless the Secretary— (i) specifically finds that— (I) there is a compelling need for a disproportional allocation among those unmet needs; and (II) the disproportional allocation described in subclause (I) is not inconsistent with the requirements under paragraph (4); and (ii) issues a waiver and alternative requirement pursuant to subsection (i) to allow for the disproportional allocation described in clause (i)(I). (B) Housing activities \nWith respect to housing activities described in subparagraph (A)(i), grantees should address proportional needs between homeowners and renters, including low-income households in public housing and Federally subsidized housing. (7) Disaster risk mitigation \n(A) Definition \nIn this paragraph, the term hazard-prone areas — (i) means areas identified by the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, at risk from natural hazards that threaten property damage or health, safety, and welfare, such as floods, wildfires (including Wildland-Urban Interface areas), earthquakes, lava inundation, tornados, and high winds; and (ii) includes areas having special flood hazards as identified under the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4002 et seq. ) or the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ). (B) Hazard-prone areas \nThe Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall establish minimum construction standards, insurance purchase requirements, and other requirements for the use of grant funds in hazard-prone areas. (C) Special flood hazards \n(i) In general \nFor the areas described in subparagraph (A)(ii), the insurance purchase requirements established under subparagraph (B) shall meet or exceed the requirements under section 102(a) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a(a) ). (ii) Treatment as financial assistance \nAll grants under this section shall be treated as financial assistance for purposes of section 3(a)(3) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4003(a)(3) ). (D) Consideration of future risks \nThe Secretary may consider future risks to protecting property and health, safety, and general welfare, and the likelihood of those risks, when making the determination of or modification to hazard-prone areas under this paragraph. (8) Relocation \n(A) In general \nThe Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq. ) shall apply to activities assisted under this section to the extent determined by the Secretary in regulation, or as provided in waivers or alternative requirements authorized in accordance with subsection (i). (B) Policy \nEach grantee under this section shall establish a relocation assistance policy that— (i) minimizes displacement and describes the benefits available to persons displaced as a direct result of acquisition, rehabilitation, or demolition in connection with an activity that is assisted by a grant under this section; and (ii) includes any appeal rights or other requirements that the Secretary establishes by regulation. (d) Certifications \nAny grant under this section shall be made only if the grantee certifies to the satisfaction of the Secretary that— (1) the grantee is in full compliance with the requirements under subsection (c)(2); (2) for grants other than grants to Indian tribes, the grant will be conducted and administered in conformity with the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. ) and the Fair Housing Act ( 42 U.S.C. 3601 et seq. ); (3) the projected use of funds has been developed so as to give maximum feasible priority to activities that will benefit extremely low-, low-, and moderate-income families and activities described in subsection (c)(5), and may also include activities that are designed to aid in the prevention or elimination of slum and blight to support disaster recovery, meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs, and alleviate future threats to human populations, critical natural resources, and property that an analysis of hazards shows are likely to result from natural disasters in the future; (4) the grant funds shall principally benefit persons of low and moderate income as described in subsection (c)(4); (5) for grants other than grants to Indian Tribes, within 24 months of receiving a grant or at the time of its 3- or 5-year update, whichever is sooner, the grantee will review and make modifications to its non-disaster housing and community development plans and strategies required by subsections (c) and (m) of section 104 to reflect the disaster recovery needs identified by the grantee and consistency with the plan under subsection (c)(1); (6) the grantee will not attempt to recover any capital costs of public improvements assisted in whole or part under this section by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless— (A) funds received under this section are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under this chapter; or (B) for purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary that the grantee lacks sufficient funds received under this section to comply with the requirements of subparagraph (A); (7) the grantee will comply with the other provisions of this title that apply to assistance under this section and with other applicable laws; (8) the grantee will follow a relocation assistance policy that includes any minimum requirements identified by the Secretary; and (9) the grantee will adhere to construction standards, insurance purchase requirements, and other requirements for development in hazard-prone areas described in subsection (c)(7). (e) Performance reviews and reporting \n(1) In general \nThe Secretary shall, on not less frequently than an annual basis, make such reviews and audits as may be necessary or appropriate to determine whether a grantee under this section has— (A) carried out activities using grant funds in a timely manner; (B) met the performance targets established by paragraph (2); (C) carried out activities using grant funds in accordance with the requirements of this section, the other provisions of this title that apply to assistance under this section, and other applicable laws; and (D) a continuing capacity to carry out activities in a timely manner. (2) Performance targets \nThe Secretary shall develop and make publicly available critical performance targets for review, which shall include spending thresholds for each year from the date on which funds are obligated by the Secretary to the grantee until such time all funds have been expended. (3) Failure to meet targets \n(A) Suspension \nIf a grantee under this section fails to meet 1 or more critical performance targets under paragraph (2), the Secretary may temporarily suspend the grant. (B) Performance improvement plan \nIf the Secretary suspends a grant under subparagraph (A), the Secretary shall provide to the grantee a performance improvement plan with the specific requirements needed to lift the suspension within a defined time period. (C) Report \nIf a grantee fails to meet the spending thresholds established under paragraph (2), the grantee shall submit to the Secretary, the appropriate committees of Congress, and each member of Congress who represents a district or State of the grantee a written report identifying technical capacity, funding, or other Federal or State impediments affecting the ability of the grantee to meet the spending thresholds. (4) Collection of information and reporting \n(A) Requirement to report \nA grantee under this section shall provide to the Secretary such information as the Secretary may determine necessary for adequate oversight of the grant program under this section. (B) Public availability \nSubject to subparagraph (D), the Secretary shall make information submitted under subparagraph (A) available to the public and to the Inspector General for the Department of Housing and Urban Development, disaggregated by activity, income, geography, and all classes of individuals protected under section 109 and the Fair Housing Act. (C) Summary status reports \nTo increase transparency and accountability of the grant program under this section the Secretary shall, on not less frequently than an annual basis, post on a public facing dashboard summary status reports for all active grants under this section that includes— (i) the status of funds by activity; (ii) the percentages of funds allocated and expended to benefit low- and moderate-income communities; (iii) performance targets, spending thresholds, and accomplishments; and (iv) other information the Secretary determines to be relevant for transparency. (D) Considerations \nIn carrying out this paragraph, the Secretary— (i) shall take such actions as may be necessary to ensure that personally identifiable information regarding applicants for assistance provided from funds made available under this section is not made publicly available; and (ii) may make full and unredacted information available to academic institutions for the purpose of researching into the equitable distribution of recovery funds and adherence to civil rights protections. (f) Eligible activities \n(1) In general \nActivities assisted under this section— (A) may include activities permitted under section 105 or other activities permitted by the Secretary by waiver or alternative requirement pursuant to subsection (i); and (B) shall be related to disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from the major disaster for which the grant was awarded. (2) Prohibition \nGrant funds under this section may not be used for costs reimbursable by, or for which funds have been made available by, the Federal Emergency Management Agency, or the United States Army Corps of Engineers. (3) Administrative costs, technical assistance and planning \n(A) In general \nThe Secretary shall establish in regulation the maximum grant amounts a grantee may use for administrative costs, technical assistance and planning activities, taking into consideration size of grant, complexity of recovery, and other factors as determined by the Secretary, but not to exceed 10 percent for administration and 20 percent in total. (B) Availability \nAmounts available for administrative costs for a grant under this section shall be available for eligible administrative costs of the grantee for any grant made under this section, without regard to a particular disaster. (4) Program income \nNotwithstanding any other provision of law, any grantee under this section may retain program income that is realized from grants made by the Secretary under this section if the grantee agrees that the grantee will utilize the program income in accordance with the requirements for grants under this section, except that the Secretary may— (A) by regulation, exclude from consideration as program income any amounts determined to be so small that compliance with this paragraph creates an unreasonable administrative burden on the grantee; or (B) permit the grantee to transfer remaining program income to the other grants of the grantee under this title upon closeout of the grant. (5) Prohibition on use of assistance for employment relocation activities \n(A) In general \nGrants under this section may not be used to assist directly in the relocation of any industrial or commercial plant, facility, or operation, from one area to another area, if the relocation is likely to result in a significant loss of employment in the labor market area from which the relocation occurs. (B) Applicability \nThe prohibition under subparagraph (A) shall not apply to a business that was operating in the disaster-declared labor market area before the incident date of the applicable disaster and has since moved, in whole or in part, from the affected area to another State or to a labor market area within the same State to continue business. (6) Requirements \nGrants under this section are subject to the requirements of this section, the other provisions of this title that apply to assistance under this section, and other applicable laws, unless modified by waivers or alternative requirements in accordance with subsection (i). (g) Environmental review \n(1) Adoption \nA recipient of funds provided under this section that uses the funds to supplement Federal assistance provided under section 203, 402, 403, 404, 406, 407, 408(c)(4), 428, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170a , 5170b, 5170c, 5172, 5173, 5174(c)(4), 5189f, 5192) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and that adoption shall satisfy the responsibilities of the recipient with respect to the environmental review, approval, or permit under section 104(g)(1). (2) Approval of release of funds \nNotwithstanding section 104(g)(2), the Secretary or a State may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project to be assisted under this section if the recipient has adopted an environmental review, approval, or permit under paragraph (1) or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (3) Units of general local government \nThe provisions of section 104(g)(4) shall apply to assistance under this section that a State distributes to a unit of general local government. (h) Financial controls and procedures \n(1) In general \nThe Secretary shall develop requirements and procedures to demonstrate that a grantee under this section— (A) has adequate financial controls and procurement processes; (B) has adequate procedures to detect and prevent fraud, waste, abuse, and duplication of benefit; and (C) maintains a comprehensive and publicly accessible website. (2) Certification \nBefore making a grant under this section, the Secretary shall certify that the grantee has in place proficient processes and procedures to comply with the requirements developed under paragraph (1), as determined by the Secretary. (3) Compliance before allocation \nThe Secretary may permit a State, unit of general local government, or Indian tribe to demonstrate compliance with the requirements for adequate financial controls developed under paragraph (1) before a disaster occurs and before receiving an allocation for a grant under this section. (4) Duplication of benefits \n(A) In general \nFunds made available under this section shall be used in accordance with section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ), as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115–254 ), and such rules as may be prescribed under such section 312. (B) Penalties \nIn any case in which the use of grant funds under this section results in a prohibited duplication of benefits, the grantee shall— (i) apply an amount equal to the identified duplication to any allowable costs of the award consistent with actual, immediate cash requirement; (ii) remit any excess amounts to the Secretary to be credited to the obligated, undisbursed balance of the grant consistent with requirements on Federal payments applicable to such grantee; and (iii) if excess amounts under clause (ii) are identified after the period of performance or after the closeout of the award, remit such amounts to the Secretary to be credited to the Fund. (C) Failure to comply \nAny grantee provided funds under this section or from prior Appropriations Acts under the heading Community Development Fund for purposes related to major disasters that fails to comply with section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ) or fails to satisfy penalties to resolve a duplication of benefits shall be subject to remedies for noncompliance under section 111, unless the Secretary publishes a determination in the Federal Register that it is not in the best interest of the Federal Government to pursue remedial actions. (i) Waivers \n(1) In general \nIn administering grants under this section, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the grantee of those funds (except for requirements related to fair housing, nondiscrimination, labor standards, the environment, and the requirements of this section that do not expressly authorize modifications by waiver or alternative requirement), if the Secretary makes a public finding that good cause exists for the waiver or alternative requirement and the waiver or alternative requirement would not be inconsistent with the findings in section 2 of the Reforming Disaster Recovery Act. (2) Effective date \nA waiver or alternative requirement described in paragraph (1) shall not take effect before the date that is 5 days after the date of publication of the waiver or alternative requirement on the website of the Department of Housing and Urban Development or the effective date for any regulation published in the Federal Register. (3) Public notification \nThe Secretary shall notify the public of all waivers or alternative requirements described in paragraph (1) in accordance with the requirements of section 7(q)(3) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535(q)(3) ). (j) Unused amounts \n(1) Deadline to use amounts \nA grantee under this section shall use an amount equal to the grant within 6 years beginning on the date on which the Secretary obligates the amounts to the grantee, as such period may be extended under paragraph (4). (2) Recapture \nThe Secretary shall recapture and credit to the Fund any amount that is unused by a grantee under this section upon the earlier of— (A) the date on which the grantee notifies the Secretary that the grantee has completed all activities identified in the disaster grantee’s plan under subsection (c); or (B) the expiration of the 6-year period described in paragraph (1), as such period may be extended under paragraph (4). (3) Retention of funds \nNotwithstanding paragraph (1), the Secretary may allow a grantee under this section to retain— (A) amounts needed to close out grants; and (B) up to 10 percent of the remaining funds to support maintenance of the minimal capacity to launch a new program in the event of a future disaster and to support pre-disaster long-term recovery and mitigation planning. (4) Extension of period for use of funds \nThe Secretary may extend the 6-year period described in paragraph (1) by not more than 4 years, or not more than 6 years for mitigation activities, if— (A) the grantee submits to the Secretary— (i) written documentation of the exigent circumstances impacting the ability of the grantee to expend funds that could not be anticipated; or (ii) a justification that such request is necessary due to the nature and complexity of the program and projects; and (B) the Secretary submits a written justification for the extension to the Committees on Appropriations of Senate and the House of Representatives that specifies the period of that extension.", "id": "idfed4219d2f7a433e9e2f370089b65394", "header": "Community development block grant disaster recovery program", "nested": [ { "text": "(a) Authorization, formula, and allocation \n(1) Authorization \nThe Secretary is authorized to make community development block grant disaster recovery grants from the Long-Term Disaster Recovery Fund established under section 5 of the Reforming Disaster Recovery Act (hereinafter referred to as the Fund ) for necessary expenses for activities authorized under subsection (f)(1) related to disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from a catastrophic major disaster. (2) Grant awards \nGrants shall be awarded under this section to States, units of general local government, and Indian tribes based on capacity and the concentration of damage, as determined by the Secretary, to support the efficient and effective administration of funds. (3) Section 106 allocations \nGrants under this section shall not be considered relevant to the formula allocations made pursuant to section 106. (4) Federal register notice \n(A) In general \nNot later than 30 days after the date of enactment of this section, the Secretary shall issue a notice in the Federal Register containing the latest formula allocation methodologies used to determine the total estimate of unmet needs related to housing, economic revitalization, and infrastructure in the most impacted and distressed areas resulting from a catastrophic major disaster. (B) Public comment \nIf the Secretary has not already requested public comment on the formula described in the notice required by subparagraph (A), the Secretary shall solicit public comments on— (i) the methodologies described in subparagraph (A) and seek alternative methods for formula allocation within a similar total amount of funding; (ii) the impact of formula methodologies on rural areas and Tribal areas; (iii) adjustments to improve targeting to the most serious needs; (iv) objective criteria for grantee capacity and concentration of damage to inform grantee determinations and minimum allocation thresholds; and (v) research and data to inform an additional amount to be provided for mitigation depending on type of disaster, which shall be not more than 30 percent of the total estimate of unmet needs. (5) Regulations \n(A) In general \nThe Secretary shall, by regulation, establish a formula to allocate assistance from the Fund to the most impacted and distressed areas resulting from a catastrophic major disaster. (B) Formula requirements \nThe formula established under subparagraph (A) shall— (i) set forth criteria to determine that a major disaster is catastrophic, which criteria shall consider the presence of a high concentration of damaged housing or businesses that individual, State, Tribal, and local resources could not reasonably be expected to address without additional Federal assistance or other nationally encompassing data that the Secretary determines are adequate to assess relative impact and distress across geographic areas; (ii) include a methodology for identifying most impacted and distressed areas, which shall consider unmet serious needs related to housing, economic revitalization, and infrastructure; (iii) include an allocation calculation that considers the unmet serious needs resulting from the catastrophic major disaster and an additional amount up to 30 percent for activities to reduce risks of loss resulting from other natural disasters in the most impacted and distressed area, primarily for the benefit of low- and moderate-income persons, with particular focus on activities that reduce repetitive loss of property and critical infrastructure; and (iv) establish objective criteria for periodic review and updates to the formula to reflect changes in available science and data. (C) Minimum allocation threshold \nThe Secretary shall, by regulation, establish a minimum allocation threshold. (D) Interim allocation \nUntil such time that the Secretary issues final regulations under this paragraph, the Secretary shall— (i) allocate assistance from the Fund using the formula allocation methodology published in accordance with paragraph (4); and (ii) include an additional amount for mitigation equal to 15 percent of the total estimate of unmet need. (6) Allocation of funds \n(A) In general \nThe Secretary shall— (i) except as provided in clause (ii), not later than 90 days after the President declares a major disaster, use best available data to determine whether the major disaster is catastrophic and qualifies for assistance under the formula described in paragraph (4) or (5), unless data is insufficient to make this determination; and (ii) if the best available data is insufficient to make the determination required under clause (i) within the 90-day period described in that clause, the Secretary shall determine whether the major disaster qualifies when sufficient data becomes available, but in no case shall the Secretary make the determination later than 120 days after the declaration of the major disaster. (B) Announcement of allocation \nIf amounts are available in the Fund at the time the Secretary determines that the major disaster is catastrophic and qualifies for assistance under the formula described in paragraph (4) or (5), the Secretary shall immediately announce an allocation for a grant under this section. (C) Additional amounts \nIf additional amounts are appropriated to the Fund after amounts are allocated under subparagraph (B), the Secretary shall announce an allocation or additional allocation (if a prior allocation under subparagraph (B) was less than the formula calculation) within 15 days of any such appropriation. (7) Preliminary funding \n(A) In general \nTo speed recovery, the Secretary is authorized to allocate and award preliminary grants from the Fund before making a determination under paragraph (6)(A) if the Secretary projects, based on a preliminary assessment of impact and distress, that a major disaster is catastrophic and would likely qualify for funding under the formula described in paragraph (4) or (5). (B) Amount \n(i) Maximum \nThe Secretary may award preliminary funding under subparagraph (A) in an amount that is not more than $5,000,000. (ii) Sliding scale \nThe Secretary shall, by regulation, establish a sliding scale for preliminary funding awarded under subparagraph (A) based on the size of the preliminary assessment of impact and distress. (C) Use of funds \nThe uses of preliminary funding awarded under subparagraph (A) shall be limited to eligible activities that— (i) in the determination of the Secretary, will support faster recovery, improve the ability of the grantee to assess unmet recovery needs, plan for the prevention of improper payments, and reduce fraud, waste, and abuse; and (ii) may include evaluating the interim housing, permanent housing, and supportive service needs of the disaster impacted community, with special attention to vulnerable populations, such as homeless and low- to moderate-income households, to inform the grantee action plan required under subsection (c). (D) Consideration of funding \nPreliminary funding awarded under subparagraph (A)— (i) is not subject to the certification requirements of subsection (h)(1); and (ii) shall not be considered when calculating the amount of the grant used for administrative costs, technical assistance, and planning activities that are subject to the requirements under subsection (f)(2). (E) Waiver \nTo expedite the use of preliminary funding for activities described in this paragraph, the Secretary may waive or specify alternative requirements to the requirements of this section in accordance with subsection (i). (F) Amended award \n(i) In general \nAn award for preliminary funding under subparagraph (A) may be amended to add any subsequent amount awarded because of a determination by the Secretary that a major disaster is catastrophic and qualifies for assistance under the formula. (ii) Applicability \nNotwithstanding subparagraph (D), amounts provided by an amendment under clause (i) are subject to the requirements under subsections (f)(1) and (h)(1) and other requirements on grant funds under this section. (G) Technical assistance \nConcurrent with the allocation of any preliminary funding awarded under this paragraph, the Secretary shall assign or provide technical assistance to the recipient of the grant.", "id": "idcffb3a437e974b3fb81d8770c416babc", "header": "Authorization, formula, and allocation", "nested": [], "links": [] }, { "text": "(b) Interchangeability \n(1) In general \nThe Secretary is authorized to approve the use of grants under this section to be used interchangeably and without limitation for the same activities in the most impacted and distressed areas resulting from a declaration of another catastrophic major disaster that qualifies for assistance under the formula established under paragraph (4) or (5) of subsection (a) or a major disaster for which the Secretary allocated funds made available under the heading Community Development Fund in any Act prior to the establishment of the Fund. (2) Requirements \nThe Secretary shall establish requirements to expedite the use of grants under this section for the purpose described in paragraph (1). (3) Emergency designation \nAmounts repurposed pursuant to this subsection that were previously designated by Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget are designated by Congress as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress) and legislation establishing fiscal year 2024 budget enforcement in the House of Representatives.", "id": "idfe892e0df766456fb621c520a1c7cc29", "header": "Interchangeability", "nested": [], "links": [] }, { "text": "(c) Grantee plans \n(1) Requirement \nNot later than 90 days after the date on which the Secretary announces a grant allocation under this section, unless an extension is granted by the Secretary, the grantee shall submit to the Secretary a plan for approval describing— (A) the activities the grantee will carry out with the grant under this section; (B) the criteria of the grantee for awarding assistance and selecting activities; (C) how the use of the grant under this section will address disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas; (D) how the use of the grant funds for mitigation is consistent with hazard mitigation plans submitted to the Federal Emergency Management Agency under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ); (E) the estimated amount proposed to be used for activities that will benefit persons of low and moderate income; (F) how the use of grant funds will repair and replace existing housing stock for vulnerable populations, including low- to moderate-income households; (G) how the grantee will address the priorities described in paragraph (5); (H) how uses of funds are proportional to unmet needs, as required under paragraph (6); (I) for State grantees that plan to distribute grant amounts to units of general local government, a description of the method of distribution; and (J) such other information as may be determined by the Secretary in regulation. (2) Public consultation \nTo permit public examination and appraisal of the plan described in paragraph (1), to enhance the public accountability of grantee, and to facilitate coordination of activities with different levels of government, when developing the plan or substantial amendments proposed to the plan required under paragraph (1), a grantee shall— (A) publish the plan before adoption; (B) provide citizens, affected units of general local government, and other interested parties with reasonable notice of, and opportunity to comment on, the plan, with a public comment period of not less than 14 days; (C) consider comments received before submission to the Secretary; (D) follow a citizen participation plan for disaster assistance adopted by the grantee that, at a minimum, provides for participation of residents of the most impacted and distressed area affected by the major disaster that resulted in the grant under this section and other considerations established by the Secretary; and (E) undertake any consultation with interested parties as may be determined by the Secretary in regulation. (3) Approval \nThe Secretary shall— (A) by regulation, specify criteria for the approval, partial approval, or disapproval of a plan submitted under paragraph (1), including approval of substantial amendments to the plan; (B) review a plan submitted under paragraph (1) upon receipt of the plan; (C) allow a grantee to revise and resubmit a plan or substantial amendment to a plan under paragraph (1) that the Secretary disapproves; (D) by regulation, specify criteria for when the grantee shall be required to provide the required revisions to a disapproved plan or substantial amendment under paragraph (1) for public comment prior to resubmission of the plan or substantial amendment to the Secretary; and (E) approve, partially approve, or disapprove a plan or substantial amendment under paragraph (1) not later than 60 days after the date on which the plan or substantial amendment is received by the Secretary. (4) Low- and moderate-income overall benefit \n(A) Use of funds \nNot less than 70 percent of a grant made under this section shall be used for activities that benefit persons of low and moderate income unless the Secretary— (i) specifically finds that— (I) there is compelling need to reduce the percentage for the grant; and (II) the housing needs of low- and moderate-income persons have been addressed; and (ii) issues a waiver and alternative requirement specific to the grant pursuant to subsection (i) to lower the percentage. (B) Regulations \nThe Secretary shall, by regulation, establish protocols consistent with the findings of section 2 of the Reforming Disaster Recovery Act to prioritize the use of funds by a grantee under this section to meet the needs of low- and moderate-income persons and businesses serving primarily persons of low and moderate income. (5) Prioritization \nThe grantee shall prioritize activities that— (A) assist persons with extremely low-, low-, and moderate-incomes and other vulnerable populations to better recover from and withstand future disasters, emphasizing those with the most severe needs; (B) address affordable housing, including affordable rental housing, needs arising from a disaster, or those needs present prior to a disaster; (C) prolong the life of housing and infrastructure; (D) use cost-effective means of preventing harm to people and property and incorporate protective features, redundancies, and energy savings; and (E) other measures that will assure the continuation of critical services during future disasters. (6) Proportional allocation \n(A) In general \nA grantee under this section shall allocate grant funds proportional to unmet needs between housing activities, economic revitalization, and infrastructure, unless the Secretary— (i) specifically finds that— (I) there is a compelling need for a disproportional allocation among those unmet needs; and (II) the disproportional allocation described in subclause (I) is not inconsistent with the requirements under paragraph (4); and (ii) issues a waiver and alternative requirement pursuant to subsection (i) to allow for the disproportional allocation described in clause (i)(I). (B) Housing activities \nWith respect to housing activities described in subparagraph (A)(i), grantees should address proportional needs between homeowners and renters, including low-income households in public housing and Federally subsidized housing. (7) Disaster risk mitigation \n(A) Definition \nIn this paragraph, the term hazard-prone areas — (i) means areas identified by the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, at risk from natural hazards that threaten property damage or health, safety, and welfare, such as floods, wildfires (including Wildland-Urban Interface areas), earthquakes, lava inundation, tornados, and high winds; and (ii) includes areas having special flood hazards as identified under the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4002 et seq. ) or the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ). (B) Hazard-prone areas \nThe Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall establish minimum construction standards, insurance purchase requirements, and other requirements for the use of grant funds in hazard-prone areas. (C) Special flood hazards \n(i) In general \nFor the areas described in subparagraph (A)(ii), the insurance purchase requirements established under subparagraph (B) shall meet or exceed the requirements under section 102(a) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a(a) ). (ii) Treatment as financial assistance \nAll grants under this section shall be treated as financial assistance for purposes of section 3(a)(3) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4003(a)(3) ). (D) Consideration of future risks \nThe Secretary may consider future risks to protecting property and health, safety, and general welfare, and the likelihood of those risks, when making the determination of or modification to hazard-prone areas under this paragraph. (8) Relocation \n(A) In general \nThe Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq. ) shall apply to activities assisted under this section to the extent determined by the Secretary in regulation, or as provided in waivers or alternative requirements authorized in accordance with subsection (i). (B) Policy \nEach grantee under this section shall establish a relocation assistance policy that— (i) minimizes displacement and describes the benefits available to persons displaced as a direct result of acquisition, rehabilitation, or demolition in connection with an activity that is assisted by a grant under this section; and (ii) includes any appeal rights or other requirements that the Secretary establishes by regulation.", "id": "ideb1eaaa6dc2745af885adb5dc8e5af9f", "header": "Grantee plans", "nested": [], "links": [ { "text": "42 U.S.C. 5165", "legal-doc": "usc", "parsable-cite": "usc/42/5165" }, { "text": "42 U.S.C. 4002 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4002" }, { "text": "42 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4001" }, { "text": "42 U.S.C. 4012a(a)", "legal-doc": "usc", "parsable-cite": "usc/42/4012a" }, { "text": "42 U.S.C. 4003(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/4003" }, { "text": "42 U.S.C. 4601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4601" } ] }, { "text": "(d) Certifications \nAny grant under this section shall be made only if the grantee certifies to the satisfaction of the Secretary that— (1) the grantee is in full compliance with the requirements under subsection (c)(2); (2) for grants other than grants to Indian tribes, the grant will be conducted and administered in conformity with the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. ) and the Fair Housing Act ( 42 U.S.C. 3601 et seq. ); (3) the projected use of funds has been developed so as to give maximum feasible priority to activities that will benefit extremely low-, low-, and moderate-income families and activities described in subsection (c)(5), and may also include activities that are designed to aid in the prevention or elimination of slum and blight to support disaster recovery, meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs, and alleviate future threats to human populations, critical natural resources, and property that an analysis of hazards shows are likely to result from natural disasters in the future; (4) the grant funds shall principally benefit persons of low and moderate income as described in subsection (c)(4); (5) for grants other than grants to Indian Tribes, within 24 months of receiving a grant or at the time of its 3- or 5-year update, whichever is sooner, the grantee will review and make modifications to its non-disaster housing and community development plans and strategies required by subsections (c) and (m) of section 104 to reflect the disaster recovery needs identified by the grantee and consistency with the plan under subsection (c)(1); (6) the grantee will not attempt to recover any capital costs of public improvements assisted in whole or part under this section by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless— (A) funds received under this section are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under this chapter; or (B) for purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary that the grantee lacks sufficient funds received under this section to comply with the requirements of subparagraph (A); (7) the grantee will comply with the other provisions of this title that apply to assistance under this section and with other applicable laws; (8) the grantee will follow a relocation assistance policy that includes any minimum requirements identified by the Secretary; and (9) the grantee will adhere to construction standards, insurance purchase requirements, and other requirements for development in hazard-prone areas described in subsection (c)(7).", "id": "idd729f5ef87d442e58920071f6f7a6269", "header": "Certifications", "nested": [], "links": [ { "text": "42 U.S.C. 2000a et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000a" }, { "text": "42 U.S.C. 3601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/3601" } ] }, { "text": "(e) Performance reviews and reporting \n(1) In general \nThe Secretary shall, on not less frequently than an annual basis, make such reviews and audits as may be necessary or appropriate to determine whether a grantee under this section has— (A) carried out activities using grant funds in a timely manner; (B) met the performance targets established by paragraph (2); (C) carried out activities using grant funds in accordance with the requirements of this section, the other provisions of this title that apply to assistance under this section, and other applicable laws; and (D) a continuing capacity to carry out activities in a timely manner. (2) Performance targets \nThe Secretary shall develop and make publicly available critical performance targets for review, which shall include spending thresholds for each year from the date on which funds are obligated by the Secretary to the grantee until such time all funds have been expended. (3) Failure to meet targets \n(A) Suspension \nIf a grantee under this section fails to meet 1 or more critical performance targets under paragraph (2), the Secretary may temporarily suspend the grant. (B) Performance improvement plan \nIf the Secretary suspends a grant under subparagraph (A), the Secretary shall provide to the grantee a performance improvement plan with the specific requirements needed to lift the suspension within a defined time period. (C) Report \nIf a grantee fails to meet the spending thresholds established under paragraph (2), the grantee shall submit to the Secretary, the appropriate committees of Congress, and each member of Congress who represents a district or State of the grantee a written report identifying technical capacity, funding, or other Federal or State impediments affecting the ability of the grantee to meet the spending thresholds. (4) Collection of information and reporting \n(A) Requirement to report \nA grantee under this section shall provide to the Secretary such information as the Secretary may determine necessary for adequate oversight of the grant program under this section. (B) Public availability \nSubject to subparagraph (D), the Secretary shall make information submitted under subparagraph (A) available to the public and to the Inspector General for the Department of Housing and Urban Development, disaggregated by activity, income, geography, and all classes of individuals protected under section 109 and the Fair Housing Act. (C) Summary status reports \nTo increase transparency and accountability of the grant program under this section the Secretary shall, on not less frequently than an annual basis, post on a public facing dashboard summary status reports for all active grants under this section that includes— (i) the status of funds by activity; (ii) the percentages of funds allocated and expended to benefit low- and moderate-income communities; (iii) performance targets, spending thresholds, and accomplishments; and (iv) other information the Secretary determines to be relevant for transparency. (D) Considerations \nIn carrying out this paragraph, the Secretary— (i) shall take such actions as may be necessary to ensure that personally identifiable information regarding applicants for assistance provided from funds made available under this section is not made publicly available; and (ii) may make full and unredacted information available to academic institutions for the purpose of researching into the equitable distribution of recovery funds and adherence to civil rights protections.", "id": "id1bed8033d1614bc399cf148b6cf94fe1", "header": "Performance reviews and reporting", "nested": [], "links": [] }, { "text": "(f) Eligible activities \n(1) In general \nActivities assisted under this section— (A) may include activities permitted under section 105 or other activities permitted by the Secretary by waiver or alternative requirement pursuant to subsection (i); and (B) shall be related to disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from the major disaster for which the grant was awarded. (2) Prohibition \nGrant funds under this section may not be used for costs reimbursable by, or for which funds have been made available by, the Federal Emergency Management Agency, or the United States Army Corps of Engineers. (3) Administrative costs, technical assistance and planning \n(A) In general \nThe Secretary shall establish in regulation the maximum grant amounts a grantee may use for administrative costs, technical assistance and planning activities, taking into consideration size of grant, complexity of recovery, and other factors as determined by the Secretary, but not to exceed 10 percent for administration and 20 percent in total. (B) Availability \nAmounts available for administrative costs for a grant under this section shall be available for eligible administrative costs of the grantee for any grant made under this section, without regard to a particular disaster. (4) Program income \nNotwithstanding any other provision of law, any grantee under this section may retain program income that is realized from grants made by the Secretary under this section if the grantee agrees that the grantee will utilize the program income in accordance with the requirements for grants under this section, except that the Secretary may— (A) by regulation, exclude from consideration as program income any amounts determined to be so small that compliance with this paragraph creates an unreasonable administrative burden on the grantee; or (B) permit the grantee to transfer remaining program income to the other grants of the grantee under this title upon closeout of the grant. (5) Prohibition on use of assistance for employment relocation activities \n(A) In general \nGrants under this section may not be used to assist directly in the relocation of any industrial or commercial plant, facility, or operation, from one area to another area, if the relocation is likely to result in a significant loss of employment in the labor market area from which the relocation occurs. (B) Applicability \nThe prohibition under subparagraph (A) shall not apply to a business that was operating in the disaster-declared labor market area before the incident date of the applicable disaster and has since moved, in whole or in part, from the affected area to another State or to a labor market area within the same State to continue business. (6) Requirements \nGrants under this section are subject to the requirements of this section, the other provisions of this title that apply to assistance under this section, and other applicable laws, unless modified by waivers or alternative requirements in accordance with subsection (i).", "id": "idfad12ae4669c4e9d910256b6572b33b2", "header": "Eligible activities", "nested": [], "links": [] }, { "text": "(g) Environmental review \n(1) Adoption \nA recipient of funds provided under this section that uses the funds to supplement Federal assistance provided under section 203, 402, 403, 404, 406, 407, 408(c)(4), 428, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170a , 5170b, 5170c, 5172, 5173, 5174(c)(4), 5189f, 5192) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and that adoption shall satisfy the responsibilities of the recipient with respect to the environmental review, approval, or permit under section 104(g)(1). (2) Approval of release of funds \nNotwithstanding section 104(g)(2), the Secretary or a State may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project to be assisted under this section if the recipient has adopted an environmental review, approval, or permit under paragraph (1) or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (3) Units of general local government \nThe provisions of section 104(g)(4) shall apply to assistance under this section that a State distributes to a unit of general local government.", "id": "iddfc5a56fb57f4736a93dff59535c4c84", "header": "Environmental review", "nested": [], "links": [ { "text": "42 U.S.C. 5170a", "legal-doc": "usc", "parsable-cite": "usc/42/5170a" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(h) Financial controls and procedures \n(1) In general \nThe Secretary shall develop requirements and procedures to demonstrate that a grantee under this section— (A) has adequate financial controls and procurement processes; (B) has adequate procedures to detect and prevent fraud, waste, abuse, and duplication of benefit; and (C) maintains a comprehensive and publicly accessible website. (2) Certification \nBefore making a grant under this section, the Secretary shall certify that the grantee has in place proficient processes and procedures to comply with the requirements developed under paragraph (1), as determined by the Secretary. (3) Compliance before allocation \nThe Secretary may permit a State, unit of general local government, or Indian tribe to demonstrate compliance with the requirements for adequate financial controls developed under paragraph (1) before a disaster occurs and before receiving an allocation for a grant under this section. (4) Duplication of benefits \n(A) In general \nFunds made available under this section shall be used in accordance with section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ), as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115–254 ), and such rules as may be prescribed under such section 312. (B) Penalties \nIn any case in which the use of grant funds under this section results in a prohibited duplication of benefits, the grantee shall— (i) apply an amount equal to the identified duplication to any allowable costs of the award consistent with actual, immediate cash requirement; (ii) remit any excess amounts to the Secretary to be credited to the obligated, undisbursed balance of the grant consistent with requirements on Federal payments applicable to such grantee; and (iii) if excess amounts under clause (ii) are identified after the period of performance or after the closeout of the award, remit such amounts to the Secretary to be credited to the Fund. (C) Failure to comply \nAny grantee provided funds under this section or from prior Appropriations Acts under the heading Community Development Fund for purposes related to major disasters that fails to comply with section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ) or fails to satisfy penalties to resolve a duplication of benefits shall be subject to remedies for noncompliance under section 111, unless the Secretary publishes a determination in the Federal Register that it is not in the best interest of the Federal Government to pursue remedial actions.", "id": "id607cdf37d96c4cc193acd750255c7dfe", "header": "Financial controls and procedures", "nested": [], "links": [ { "text": "42 U.S.C. 5155", "legal-doc": "usc", "parsable-cite": "usc/42/5155" }, { "text": "Public Law 115–254", "legal-doc": "public-law", "parsable-cite": "pl/115/254" }, { "text": "42 U.S.C. 5155", "legal-doc": "usc", "parsable-cite": "usc/42/5155" } ] }, { "text": "(i) Waivers \n(1) In general \nIn administering grants under this section, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the grantee of those funds (except for requirements related to fair housing, nondiscrimination, labor standards, the environment, and the requirements of this section that do not expressly authorize modifications by waiver or alternative requirement), if the Secretary makes a public finding that good cause exists for the waiver or alternative requirement and the waiver or alternative requirement would not be inconsistent with the findings in section 2 of the Reforming Disaster Recovery Act. (2) Effective date \nA waiver or alternative requirement described in paragraph (1) shall not take effect before the date that is 5 days after the date of publication of the waiver or alternative requirement on the website of the Department of Housing and Urban Development or the effective date for any regulation published in the Federal Register. (3) Public notification \nThe Secretary shall notify the public of all waivers or alternative requirements described in paragraph (1) in accordance with the requirements of section 7(q)(3) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535(q)(3) ).", "id": "id7f252cf624944cd098ad5acae5021652", "header": "Waivers", "nested": [], "links": [ { "text": "42 U.S.C. 3535(q)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/3535" } ] }, { "text": "(j) Unused amounts \n(1) Deadline to use amounts \nA grantee under this section shall use an amount equal to the grant within 6 years beginning on the date on which the Secretary obligates the amounts to the grantee, as such period may be extended under paragraph (4). (2) Recapture \nThe Secretary shall recapture and credit to the Fund any amount that is unused by a grantee under this section upon the earlier of— (A) the date on which the grantee notifies the Secretary that the grantee has completed all activities identified in the disaster grantee’s plan under subsection (c); or (B) the expiration of the 6-year period described in paragraph (1), as such period may be extended under paragraph (4). (3) Retention of funds \nNotwithstanding paragraph (1), the Secretary may allow a grantee under this section to retain— (A) amounts needed to close out grants; and (B) up to 10 percent of the remaining funds to support maintenance of the minimal capacity to launch a new program in the event of a future disaster and to support pre-disaster long-term recovery and mitigation planning. (4) Extension of period for use of funds \nThe Secretary may extend the 6-year period described in paragraph (1) by not more than 4 years, or not more than 6 years for mitigation activities, if— (A) the grantee submits to the Secretary— (i) written documentation of the exigent circumstances impacting the ability of the grantee to expend funds that could not be anticipated; or (ii) a justification that such request is necessary due to the nature and complexity of the program and projects; and (B) the Secretary submits a written justification for the extension to the Committees on Appropriations of Senate and the House of Representatives that specifies the period of that extension.", "id": "id72f7eb04ab1f4fc7bc12daf420709bb2", "header": "Unused amounts", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 5165", "legal-doc": "usc", "parsable-cite": "usc/42/5165" }, { "text": "42 U.S.C. 4002 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4002" }, { "text": "42 U.S.C. 4001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4001" }, { "text": "42 U.S.C. 4012a(a)", "legal-doc": "usc", "parsable-cite": "usc/42/4012a" }, { "text": "42 U.S.C. 4003(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/4003" }, { "text": "42 U.S.C. 4601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4601" }, { "text": "42 U.S.C. 2000a et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2000a" }, { "text": "42 U.S.C. 3601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/3601" }, { "text": "42 U.S.C. 5170a", "legal-doc": "usc", "parsable-cite": "usc/42/5170a" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "42 U.S.C. 5155", "legal-doc": "usc", "parsable-cite": "usc/42/5155" }, { "text": "Public Law 115–254", "legal-doc": "public-law", "parsable-cite": "pl/115/254" }, { "text": "42 U.S.C. 5155", "legal-doc": "usc", "parsable-cite": "usc/42/5155" }, { "text": "42 U.S.C. 3535(q)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/3535" } ] }, { "text": "7. Regulations \n(a) Proposed rules \nFollowing consultation with the Federal Emergency Management Agency, the Small Business Administration, and other Federal agencies, not later than 6 months after the date of enactment of this Act, the Secretary shall issue proposed rules to carry out this Act and the amendments made by this Act and shall provide a 90-day period for submission of public comments on those proposed rules. (b) Final rules \nNot later than 1 year after the date of enactment of this Act, the Secretary shall issue final regulations to carry out section 123 of the Housing and Community Development Act of 1974, as added by section 6.", "id": "id6c017b4a4d0d4df1828716d11335e089", "header": "Regulations", "nested": [ { "text": "(a) Proposed rules \nFollowing consultation with the Federal Emergency Management Agency, the Small Business Administration, and other Federal agencies, not later than 6 months after the date of enactment of this Act, the Secretary shall issue proposed rules to carry out this Act and the amendments made by this Act and shall provide a 90-day period for submission of public comments on those proposed rules.", "id": "id3f761041ccd349aaa9681c0dcc0baef6", "header": "Proposed rules", "nested": [], "links": [] }, { "text": "(b) Final rules \nNot later than 1 year after the date of enactment of this Act, the Secretary shall issue final regulations to carry out section 123 of the Housing and Community Development Act of 1974, as added by section 6.", "id": "id6eee9957e16a4113a3faff4cd08048f7", "header": "Final rules", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Coordination of disaster recovery assistance, benefits, and data with other Federal agencies \n(a) Coordination of disaster recovery assistance \nIn order to ensure a comprehensive approach to Federal disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from a catastrophic major disaster, the Secretary shall coordinate with the Federal Emergency Management Agency, to the greatest extent practicable, in the implementation of assistance authorized under section 123 of the Housing and Community Development Act of 1974, as added by section 6. (b) Data sharing agreements \nTo support the coordination of data to prevent duplication of benefits with other Federal disaster recovery programs while also expediting recovery and reducing burden on disaster survivors, the Department shall establish data sharing agreements that safeguard privacy with relevant Federal agencies to ensure disaster benefits effectively and efficiently reach intended beneficiaries, while using effective means of preventing harm to people and property. (c) Data transfer from FEMA and SBA to HUD \nAs permitted and deemed necessary for efficient program execution, and consistent with a computer matching agreement entered into under subsection (f)(1), the Administrator of the Federal Emergency Management Agency and the Administrator of the Small Business Administration shall provide data on disaster applicants to the Department, including, when necessary, personally identifiable information, disaster recovery needs, and resources determined eligible for, and amounts expended, to the Secretary for all major disasters declared by the President pursuant to section 401 of Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) for the purpose of providing additional assistance to disaster survivors and prevent duplication of benefits. (d) Data transfers from HUD to HUD grantees \nThe Secretary is authorized to provide to grantees under section 123 of the Housing and Community Development Act of 1974, as added by section 6, offices of the Department, technical assistance providers, and lenders information that in the determination of the Secretary is reasonably available and appropriate to inform the provision of assistance after a major disaster, including information provided to the Secretary by the Administrator of the Federal Emergency Management Agency, the Administrator of the Small Business Administration, or other Federal agencies. (e) Data transfers from HUD grantees to HUD, FEMA, and SBA \n(1) Reporting \nGrantees under section 123 of the Housing and Community Development Act of 1974, as added by section 6, shall report information requested by the Secretary on households, businesses, and other entities assisted and the type of assistance provided. (2) Sharing information \nThe Secretary shall share information collected under paragraph (1) with the Federal Emergency Management Agency, the Small Business Administration, and other Federal agencies to support the planning and delivery of disaster recovery and mitigation assistance and other related purposes. (f) Privacy protection \nThe Secretary may make and receive data transfers authorized under this section, including the use and retention of that data for computer matching programs, to inform the provision of assistance, assess disaster recovery needs, and prevent the duplication of benefits and other waste, fraud, and abuse, provided that— (1) the Secretary enters an information sharing agreement or a computer matching agreement, when required by section 522a of title 5, United States Code (commonly known as the Privacy Act of 1974 ), with the Administrator of the Federal Emergency Management Agency, the Administrator of the Small Business Administration, or other Federal agencies covering the transfer of data; (2) the Secretary publishes intent to disclose data in the Federal Register; (3) notwithstanding paragraphs (1) and (2), section 552a of title 5, United States Code, or any other law, the Secretary is authorized to share data with an entity identified in subsection (d), and the entity is authorized to use the data as described in this section, if the Secretary enters a data sharing agreement with the entity before sharing or receiving any information under transfers authorized by this section, which data sharing agreement shall— (A) in the determination of the Secretary, include measures adequate to safeguard the privacy and personally identifiable information of individuals; and (B) include provisions that describe how the personally identifiable information of an individual will be adequately safeguarded and protected, which requires consultation with the Secretary and the head of each Federal agency the data of which is being shared subject to the agreement.", "id": "id528262cec4764529b8c05de822cfdf2d", "header": "Coordination of disaster recovery assistance, benefits, and data with other Federal agencies", "nested": [ { "text": "(a) Coordination of disaster recovery assistance \nIn order to ensure a comprehensive approach to Federal disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from a catastrophic major disaster, the Secretary shall coordinate with the Federal Emergency Management Agency, to the greatest extent practicable, in the implementation of assistance authorized under section 123 of the Housing and Community Development Act of 1974, as added by section 6.", "id": "idbc08a4736b8442959df6bfc9e7f3b6dd", "header": "Coordination of disaster recovery assistance", "nested": [], "links": [] }, { "text": "(b) Data sharing agreements \nTo support the coordination of data to prevent duplication of benefits with other Federal disaster recovery programs while also expediting recovery and reducing burden on disaster survivors, the Department shall establish data sharing agreements that safeguard privacy with relevant Federal agencies to ensure disaster benefits effectively and efficiently reach intended beneficiaries, while using effective means of preventing harm to people and property.", "id": "id26b446f0dc5146f88de8a299ba399cba", "header": "Data sharing agreements", "nested": [], "links": [] }, { "text": "(c) Data transfer from FEMA and SBA to HUD \nAs permitted and deemed necessary for efficient program execution, and consistent with a computer matching agreement entered into under subsection (f)(1), the Administrator of the Federal Emergency Management Agency and the Administrator of the Small Business Administration shall provide data on disaster applicants to the Department, including, when necessary, personally identifiable information, disaster recovery needs, and resources determined eligible for, and amounts expended, to the Secretary for all major disasters declared by the President pursuant to section 401 of Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) for the purpose of providing additional assistance to disaster survivors and prevent duplication of benefits.", "id": "id0e2df947afab4204849ab77625bf4e55", "header": "Data transfer from FEMA and SBA to HUD", "nested": [], "links": [ { "text": "42 U.S.C. 5170", "legal-doc": "usc", "parsable-cite": "usc/42/5170" } ] }, { "text": "(d) Data transfers from HUD to HUD grantees \nThe Secretary is authorized to provide to grantees under section 123 of the Housing and Community Development Act of 1974, as added by section 6, offices of the Department, technical assistance providers, and lenders information that in the determination of the Secretary is reasonably available and appropriate to inform the provision of assistance after a major disaster, including information provided to the Secretary by the Administrator of the Federal Emergency Management Agency, the Administrator of the Small Business Administration, or other Federal agencies.", "id": "id74f47affec2448f29eb6127d6c47bc28", "header": "Data transfers from HUD to HUD grantees", "nested": [], "links": [] }, { "text": "(e) Data transfers from HUD grantees to HUD, FEMA, and SBA \n(1) Reporting \nGrantees under section 123 of the Housing and Community Development Act of 1974, as added by section 6, shall report information requested by the Secretary on households, businesses, and other entities assisted and the type of assistance provided. (2) Sharing information \nThe Secretary shall share information collected under paragraph (1) with the Federal Emergency Management Agency, the Small Business Administration, and other Federal agencies to support the planning and delivery of disaster recovery and mitigation assistance and other related purposes.", "id": "id0dee93c1346e4cf8ae7abf96de026aed", "header": "Data transfers from HUD grantees to HUD, FEMA, and SBA", "nested": [], "links": [] }, { "text": "(f) Privacy protection \nThe Secretary may make and receive data transfers authorized under this section, including the use and retention of that data for computer matching programs, to inform the provision of assistance, assess disaster recovery needs, and prevent the duplication of benefits and other waste, fraud, and abuse, provided that— (1) the Secretary enters an information sharing agreement or a computer matching agreement, when required by section 522a of title 5, United States Code (commonly known as the Privacy Act of 1974 ), with the Administrator of the Federal Emergency Management Agency, the Administrator of the Small Business Administration, or other Federal agencies covering the transfer of data; (2) the Secretary publishes intent to disclose data in the Federal Register; (3) notwithstanding paragraphs (1) and (2), section 552a of title 5, United States Code, or any other law, the Secretary is authorized to share data with an entity identified in subsection (d), and the entity is authorized to use the data as described in this section, if the Secretary enters a data sharing agreement with the entity before sharing or receiving any information under transfers authorized by this section, which data sharing agreement shall— (A) in the determination of the Secretary, include measures adequate to safeguard the privacy and personally identifiable information of individuals; and (B) include provisions that describe how the personally identifiable information of an individual will be adequately safeguarded and protected, which requires consultation with the Secretary and the head of each Federal agency the data of which is being shared subject to the agreement.", "id": "id8b28ccf771cc4dd09e6da203ec87f4c7", "header": "Privacy protection", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 5170", "legal-doc": "usc", "parsable-cite": "usc/42/5170" } ] } ]

[ "Department of Housing and Urban Development", "Disaster relief and insurance", "Emergency planning and evacuation", "Executive agency funding and structure", "Government information and archives", "Government trust funds", "Housing and community development funding", "Housing supply and affordability", "Low- and moderate-income housing" ]

[ { "text": "1. Short title \nThis Act may be cited as the Community Facilities Program for Rural Clean School Bus Infrastructure Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Essential community facilities \nSection 306(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a) ) is amended by adding at the end the following: (27) Essential community facilities eligibility for clean school bus infrastructure \n(A) Definition of clean school bus \nIn this paragraph, the term clean school bus has the meaning given the term in section 741(a)(3) of the Energy Policy Act of 2005 ( 42 U.S.C. 16091(a)(3) ). (B) Eligibility \nWith respect to direct loans and grants made under the essential community facilities programs authorized under this subsection, a recipient of such a loan or grant may use the loan or grant funds for— (i) acquisition and labor costs for charging or other infrastructure needed to charge or maintain clean school buses; and (ii) planning and technical activities to support the adoption and deployment of clean school buses. (C) Authorization of appropriations \nThere are authorized to be appropriated for the cost of loans and grants to carry out this paragraph such sums as are necessary..", "id": "id8a24dd29126c439c9c16dc71c15ca94c", "header": "Essential community facilities", "nested": [], "links": [ { "text": "7 U.S.C. 1926(a)", "legal-doc": "usc", "parsable-cite": "usc/7/1926" }, { "text": "42 U.S.C. 16091(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/16091" } ] } ]

[ "Government lending and loan guarantees", "Housing and community development funding", "Hybrid, electric, and advanced technology vehicles", "Infrastructure development", "Motor carriers", "Transportation programs funding" ]

[ { "text": "1. Short title \nThis Act may be cited as the Governing Unaccredited Representatives Defrauding VA Benefits Act of 2023 or the GUARD VA Benefits Act of 2023.", "id": "H609FD43EFF034079914D280C51DFE065", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Reinstatement of penalties for charging veterans unauthorized fees relating to claims for benefits under laws administered by the Secretary of Veterans Affairs \nSection 5905 of title 38, United States Code, is amended— (1) in the section heading, by striking Penalty and inserting Penalties (and conforming the table of sections at the beginning of chapter 59 of such title accordingly); (2) by striking Whoever and inserting the following: (a) Withholding of benefits \nWhoever ; and (3) by adding at the end the following new subsection: (b) Charging of unauthorized fees \nExcept as provided in sections 5904 or 1984 of this title, whoever directly or indirectly solicits, contracts for, charges, or receives, or attempts to solicit, contract for, charge, or receive, any fee or compensation with respect to the preparation, presentation, or prosecution of any claim for benefits under the laws administered by the Secretary shall be fined as provided in title 18, or imprisoned not more than one year, or both..", "id": "H402A2C912E4448C3A37C45DDF23DBCD1", "header": "Reinstatement of penalties for charging veterans unauthorized fees relating to claims for benefits under laws administered by the Secretary of Veterans Affairs", "nested": [], "links": [] } ]

[ "Civil actions and liability", "Fraud offenses and financial crimes", "User charges and fees", "Veterans' pensions and compensation" ]

[ { "text": "1. Short title \nThis Act may be cited as the Ralph David Abernathy, Sr., National Historic Site Act.", "id": "H930ED0300E3D477B8A47A4934BF81F99", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Historic site \nThe term Historic Site means the Ralph David Abernathy, Sr., National Historic Site established by section 3(a). (2) Map \nThe term Map means the map entitled Ralph David Abernathy, Sr. National Historic Site Proposed Boundary , numbered P99/184,019, and dated August 2022. (3) Secretary \nThe term Secretary means the Secretary of the Interior. (4) State \nThe term State means the State of Georgia.", "id": "idd95d15e791f844dea2d7baf44f60ae5c", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Ralph David Abernathy, Sr., National Historic Site \n(a) Establishment \n(1) In general \nSubject to paragraph (2), there is established the Ralph David Abernathy, Sr., National Historic Site in the State as a unit of the National Park System to preserve, protect, and interpret for the benefit of present and future generations— (A) the site where the Reverend Dr. Abernathy served as pastor during the height of the modern civil rights movement, the historic West Hunter Street Baptist Church; and (B) the role of Dr. Abernathy as an internationally recognized civil rights leader. (2) Determination by the secretary \nThe Historic Site shall not be established until the date on which the Secretary determines that a sufficient quantity of land and interests in land have been acquired to constitute a manageable unit. (3) Notice \nNot later than 30 days after the date on which the Secretary makes a determination under paragraph (2), the Secretary shall publish in the Federal Register notice of the establishment of the Historic Site. (b) Boundary \nThe boundary of the Historic Site shall be the boundary generally depicted as Proposed Boundary on the Map. (c) Availability of map \nThe Map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Acquisition of land \n(1) In general \nSubject to paragraph (2), the Secretary may acquire land and interests in land within the boundary of the Historic Site by— (A) donation; (B) purchase from a willing seller with donated or appropriated funds; or (C) exchange. (2) Limitation \nAny land or interests in land owned by the State or a political subdivision of the State may be acquired for inclusion in the Historic Site only by donation. (e) Administration \nThe Secretary shall administer the Historic Site in accordance with— (1) this section; and (2) the laws generally applicable to units of the National Park System, including— (A) sections 100101(a), 100751(a), 100752, and 100753 of title 54, United States Code; and (B) chapters 1003 and 3201 of title 54, United States Code. (f) Management plan \nNot later than 3 years after the date on which funds are first made available to carry out this Act, the Secretary shall complete a management plan for the Historic Site in accordance with section 100502 of title 54, United States Code. (g) Agreements \nThe Secretary may enter into cooperative agreements, leases, or other agreements, as appropriate, with the State or other entities to provide and facilitate interpretive and educational services, administrative support, and technical assistance related to the Historic Site within or outside the boundaries of the Historic Site, including— (1) the placement of directional and interpretive signage; (2) exhibits; (3) parking and other administrative needs; (4) technology-based interpretive devices; (5) public interpretation and tours; and (6) the preservation of historic and cultural resources.", "id": "HADC120C7830240B9A48A7A55DC214EC1", "header": "Ralph David Abernathy, Sr., National Historic Site", "nested": [ { "text": "(a) Establishment \n(1) In general \nSubject to paragraph (2), there is established the Ralph David Abernathy, Sr., National Historic Site in the State as a unit of the National Park System to preserve, protect, and interpret for the benefit of present and future generations— (A) the site where the Reverend Dr. Abernathy served as pastor during the height of the modern civil rights movement, the historic West Hunter Street Baptist Church; and (B) the role of Dr. Abernathy as an internationally recognized civil rights leader. (2) Determination by the secretary \nThe Historic Site shall not be established until the date on which the Secretary determines that a sufficient quantity of land and interests in land have been acquired to constitute a manageable unit. (3) Notice \nNot later than 30 days after the date on which the Secretary makes a determination under paragraph (2), the Secretary shall publish in the Federal Register notice of the establishment of the Historic Site.", "id": "H5887A3EF51FB4129A58B7985D11AC603", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Boundary \nThe boundary of the Historic Site shall be the boundary generally depicted as Proposed Boundary on the Map.", "id": "H76295618F5844065B4585229E839C198", "header": "Boundary", "nested": [], "links": [] }, { "text": "(c) Availability of map \nThe Map shall be on file and available for public inspection in the appropriate offices of the National Park Service.", "id": "HD7F676A561534E7AB3C13A975BDFBBCD", "header": "Availability of map", "nested": [], "links": [] }, { "text": "(d) Acquisition of land \n(1) In general \nSubject to paragraph (2), the Secretary may acquire land and interests in land within the boundary of the Historic Site by— (A) donation; (B) purchase from a willing seller with donated or appropriated funds; or (C) exchange. (2) Limitation \nAny land or interests in land owned by the State or a political subdivision of the State may be acquired for inclusion in the Historic Site only by donation.", "id": "H756082E8E57B45EE8A9EF0E4B1FA9913", "header": "Acquisition of land", "nested": [], "links": [] }, { "text": "(e) Administration \nThe Secretary shall administer the Historic Site in accordance with— (1) this section; and (2) the laws generally applicable to units of the National Park System, including— (A) sections 100101(a), 100751(a), 100752, and 100753 of title 54, United States Code; and (B) chapters 1003 and 3201 of title 54, United States Code.", "id": "H56434AFD27644CB3BED2760D5A271138", "header": "Administration", "nested": [], "links": [] }, { "text": "(f) Management plan \nNot later than 3 years after the date on which funds are first made available to carry out this Act, the Secretary shall complete a management plan for the Historic Site in accordance with section 100502 of title 54, United States Code.", "id": "H84D94ECBFC9F474BA86DB6A689825328", "header": "Management plan", "nested": [], "links": [] }, { "text": "(g) Agreements \nThe Secretary may enter into cooperative agreements, leases, or other agreements, as appropriate, with the State or other entities to provide and facilitate interpretive and educational services, administrative support, and technical assistance related to the Historic Site within or outside the boundaries of the Historic Site, including— (1) the placement of directional and interpretive signage; (2) exhibits; (3) parking and other administrative needs; (4) technology-based interpretive devices; (5) public interpretation and tours; and (6) the preservation of historic and cultural resources.", "id": "H900694AFDF2B4E7AA238B6ED1C8E1A26", "header": "Agreements", "nested": [], "links": [] } ], "links": [] } ]

[ "Georgia", "Historic sites and heritage areas", "Parks, recreation areas, trails", "Protest and dissent", "Racial and ethnic relations", "U.S. history" ]

[ { "text": "1. Dianne Feinstein Post Office \n(a) Designation \nThe facility of the United States Postal Service located at 180 Steuart Street in San Francisco, California, shall be known and designated as the Dianne Feinstein 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 Dianne Feinstein Post Office.", "id": "HD292D9A4AA264800AA9CC3D5A4199A72", "header": "Dianne Feinstein Post Office", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 180 Steuart Street in San Francisco, California, shall be known and designated as the Dianne Feinstein Post Office.", "id": "H8064237EC4B340A6BE54D40E1C21999C", "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 Dianne Feinstein Post Office.", "id": "H43CE94C2EF14432A9EC14BA8C1725BFE", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Preventing Opportunities for Teen E–Cigarette and Tobacco Addiction Act or the PROTECT Act.", "id": "H334DF3E64D25498E9F29FC7EAB879748", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Reducing Youth Use of E–Cigarettes Initiative \nThe Public Health Service Act is amended by inserting after section 317V of such Act ( 42 U.S.C. 247b–24 ) the following: 317W. Reducing Youth Use of E–Cigarettes Initiative \n(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out an initiative, to be known as the Reducing Youth Use of E–Cigarettes Initiative, which shall include the following: (1) Conducting research, (including by enhancing State-level surveillance and by using rapid surveillance methods) on use by youth and young adults of electronic cigarettes and emerging tobacco products, including research on— (A) the types of products youth and young adults use; (B) patterns of products used by youth and young adults, including initiation, frequency of use, use in combination with other tobacco products, and use of flavors; (C) the association between the use by youth and young adults of electronic cigarettes and the initiation of smoking with cigarettes or cigars; (D) use of electronic cigarettes and emerging tobacco products among different demographic groups; (E) the means by which youth and young adults access electronic cigarettes and emerging tobacco products, and methods of distribution of electronic cigarettes and emerging tobacco products; (F) youth and young adult exposure to advertising of electronic cigarettes and emerging tobacco products; (G) marketing and advertising strategies used by manufacturers, including the channels and messaging used and strategies that target different demographic groups; (H) the reasons youth and young adults use such products; (I) the extent to which youth and young adult electronic cigarette users are nicotine dependent; (J) patterns of youth and young adult electronic cigarette cessation behaviors, including patterns in motivation to quit, quit attempts, successful cessation, and associated factors; and (K) resources youth and young adults are using to quit tobacco use. (2) Conducting research on— (A) the characteristics and nicotine delivery technology of electronic cigarettes and emerging tobacco products; (B) biomarkers of exposure to electronic cigarettes and emerging tobacco products and resulting health impacts from such exposure; and (C) the levels of nicotine in electronic cigarettes and emerging tobacco products. (3) Developing, in collaboration with professional medical organizations, guidance for health care providers, schools, and other entities, as appropriate, on intervening with, and treating, youth and young adults who use electronic cigarettes and other emerging tobacco products, and disseminating such guidance. (4) Identifying promising strategies to— (A) prevent and reduce the use by youth and young adults of electronic cigarettes and emerging tobacco products; (B) identify existing, and develop new, cessation strategies and quit support that are appropriate for youth and young adults; and (C) improve access to, and the delivery of tobacco cessation services for, youth and young adults, including the use of technology-delivered services. (5) Identifying effective messages and communication efforts that prevent initiation of tobacco product use and reduce use, including the use of electronic cigarettes and emerging tobacco products, among youth and young adults. (6) Developing and implementing, in coordination with the Commissioner of Food and Drugs, a campaign, in coordination with the Surgeon General, to reduce tobacco initiation and use by youth and young adults, and to educate the public about— (A) the rapidly evolving tobacco product landscape; (B) the harms associated with the use by youth and young adults of electronic cigarettes and other emerging tobacco products; and (C) culturally-competent strategies for intervening with youth and young adults who use tobacco and providing or directing them to appropriate cessation services. (7) Continuing to provide funding through the Centers for Disease Control and Prevention’s National Tobacco Control Program cooperative agreement to State, local, territorial, and island health departments and Tribal organizations, as appropriate, for— (A) preventing and reducing the use by youth and young adults of electronic cigarettes and emerging tobacco products; and (B) improving access to and delivery of cessation strategies that are appropriate for services to youth and young adults addicted to nicotine, including through quitlines and provider education on cessation services available through the Medicaid program under title XIX of the Social Security Act and the Children’s Health Insurance Program under title XXI of such Act. (8) Evaluating State, community, and school-based strategies for— (A) preventing the initiation and use of electronic cigarettes and emerging tobacco products among youth and young adults; and (B) intervening with youth and young adults who use tobacco and providing or directing them to appropriate cessation services. (b) No duplication \nThe Secretary shall ensure that activities under this section do not duplicate other activities of the Department of Health and Human Services. (c) Strategy \nNot later than 90 days after the date of enactment of this section, the Secretary 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, and make available to the public on the internet website of the Department of Health and Human Services, a strategy for carrying out the Reducing Youth Use of E–Cigarettes Initiative. (d) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $100,000,000 for each of fiscal years 2024 through 2028..", "id": "H75AB805F70234A1F98E920AB6C0790F7", "header": "Reducing Youth Use of E–Cigarettes Initiative", "nested": [], "links": [ { "text": "42 U.S.C. 247b–24", "legal-doc": "usc", "parsable-cite": "usc/42/247b-24" } ] }, { "text": "317W. Reducing Youth Use of E–Cigarettes Initiative \n(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out an initiative, to be known as the Reducing Youth Use of E–Cigarettes Initiative, which shall include the following: (1) Conducting research, (including by enhancing State-level surveillance and by using rapid surveillance methods) on use by youth and young adults of electronic cigarettes and emerging tobacco products, including research on— (A) the types of products youth and young adults use; (B) patterns of products used by youth and young adults, including initiation, frequency of use, use in combination with other tobacco products, and use of flavors; (C) the association between the use by youth and young adults of electronic cigarettes and the initiation of smoking with cigarettes or cigars; (D) use of electronic cigarettes and emerging tobacco products among different demographic groups; (E) the means by which youth and young adults access electronic cigarettes and emerging tobacco products, and methods of distribution of electronic cigarettes and emerging tobacco products; (F) youth and young adult exposure to advertising of electronic cigarettes and emerging tobacco products; (G) marketing and advertising strategies used by manufacturers, including the channels and messaging used and strategies that target different demographic groups; (H) the reasons youth and young adults use such products; (I) the extent to which youth and young adult electronic cigarette users are nicotine dependent; (J) patterns of youth and young adult electronic cigarette cessation behaviors, including patterns in motivation to quit, quit attempts, successful cessation, and associated factors; and (K) resources youth and young adults are using to quit tobacco use. (2) Conducting research on— (A) the characteristics and nicotine delivery technology of electronic cigarettes and emerging tobacco products; (B) biomarkers of exposure to electronic cigarettes and emerging tobacco products and resulting health impacts from such exposure; and (C) the levels of nicotine in electronic cigarettes and emerging tobacco products. (3) Developing, in collaboration with professional medical organizations, guidance for health care providers, schools, and other entities, as appropriate, on intervening with, and treating, youth and young adults who use electronic cigarettes and other emerging tobacco products, and disseminating such guidance. (4) Identifying promising strategies to— (A) prevent and reduce the use by youth and young adults of electronic cigarettes and emerging tobacco products; (B) identify existing, and develop new, cessation strategies and quit support that are appropriate for youth and young adults; and (C) improve access to, and the delivery of tobacco cessation services for, youth and young adults, including the use of technology-delivered services. (5) Identifying effective messages and communication efforts that prevent initiation of tobacco product use and reduce use, including the use of electronic cigarettes and emerging tobacco products, among youth and young adults. (6) Developing and implementing, in coordination with the Commissioner of Food and Drugs, a campaign, in coordination with the Surgeon General, to reduce tobacco initiation and use by youth and young adults, and to educate the public about— (A) the rapidly evolving tobacco product landscape; (B) the harms associated with the use by youth and young adults of electronic cigarettes and other emerging tobacco products; and (C) culturally-competent strategies for intervening with youth and young adults who use tobacco and providing or directing them to appropriate cessation services. (7) Continuing to provide funding through the Centers for Disease Control and Prevention’s National Tobacco Control Program cooperative agreement to State, local, territorial, and island health departments and Tribal organizations, as appropriate, for— (A) preventing and reducing the use by youth and young adults of electronic cigarettes and emerging tobacco products; and (B) improving access to and delivery of cessation strategies that are appropriate for services to youth and young adults addicted to nicotine, including through quitlines and provider education on cessation services available through the Medicaid program under title XIX of the Social Security Act and the Children’s Health Insurance Program under title XXI of such Act. (8) Evaluating State, community, and school-based strategies for— (A) preventing the initiation and use of electronic cigarettes and emerging tobacco products among youth and young adults; and (B) intervening with youth and young adults who use tobacco and providing or directing them to appropriate cessation services. (b) No duplication \nThe Secretary shall ensure that activities under this section do not duplicate other activities of the Department of Health and Human Services. (c) Strategy \nNot later than 90 days after the date of enactment of this section, the Secretary 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, and make available to the public on the internet website of the Department of Health and Human Services, a strategy for carrying out the Reducing Youth Use of E–Cigarettes Initiative. (d) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $100,000,000 for each of fiscal years 2024 through 2028.", "id": "H81EAC86FA6E24C0F84424D387304F422", "header": "Reducing Youth Use of E–Cigarettes Initiative", "nested": [ { "text": "(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out an initiative, to be known as the Reducing Youth Use of E–Cigarettes Initiative, which shall include the following: (1) Conducting research, (including by enhancing State-level surveillance and by using rapid surveillance methods) on use by youth and young adults of electronic cigarettes and emerging tobacco products, including research on— (A) the types of products youth and young adults use; (B) patterns of products used by youth and young adults, including initiation, frequency of use, use in combination with other tobacco products, and use of flavors; (C) the association between the use by youth and young adults of electronic cigarettes and the initiation of smoking with cigarettes or cigars; (D) use of electronic cigarettes and emerging tobacco products among different demographic groups; (E) the means by which youth and young adults access electronic cigarettes and emerging tobacco products, and methods of distribution of electronic cigarettes and emerging tobacco products; (F) youth and young adult exposure to advertising of electronic cigarettes and emerging tobacco products; (G) marketing and advertising strategies used by manufacturers, including the channels and messaging used and strategies that target different demographic groups; (H) the reasons youth and young adults use such products; (I) the extent to which youth and young adult electronic cigarette users are nicotine dependent; (J) patterns of youth and young adult electronic cigarette cessation behaviors, including patterns in motivation to quit, quit attempts, successful cessation, and associated factors; and (K) resources youth and young adults are using to quit tobacco use. (2) Conducting research on— (A) the characteristics and nicotine delivery technology of electronic cigarettes and emerging tobacco products; (B) biomarkers of exposure to electronic cigarettes and emerging tobacco products and resulting health impacts from such exposure; and (C) the levels of nicotine in electronic cigarettes and emerging tobacco products. (3) Developing, in collaboration with professional medical organizations, guidance for health care providers, schools, and other entities, as appropriate, on intervening with, and treating, youth and young adults who use electronic cigarettes and other emerging tobacco products, and disseminating such guidance. (4) Identifying promising strategies to— (A) prevent and reduce the use by youth and young adults of electronic cigarettes and emerging tobacco products; (B) identify existing, and develop new, cessation strategies and quit support that are appropriate for youth and young adults; and (C) improve access to, and the delivery of tobacco cessation services for, youth and young adults, including the use of technology-delivered services. (5) Identifying effective messages and communication efforts that prevent initiation of tobacco product use and reduce use, including the use of electronic cigarettes and emerging tobacco products, among youth and young adults. (6) Developing and implementing, in coordination with the Commissioner of Food and Drugs, a campaign, in coordination with the Surgeon General, to reduce tobacco initiation and use by youth and young adults, and to educate the public about— (A) the rapidly evolving tobacco product landscape; (B) the harms associated with the use by youth and young adults of electronic cigarettes and other emerging tobacco products; and (C) culturally-competent strategies for intervening with youth and young adults who use tobacco and providing or directing them to appropriate cessation services. (7) Continuing to provide funding through the Centers for Disease Control and Prevention’s National Tobacco Control Program cooperative agreement to State, local, territorial, and island health departments and Tribal organizations, as appropriate, for— (A) preventing and reducing the use by youth and young adults of electronic cigarettes and emerging tobacco products; and (B) improving access to and delivery of cessation strategies that are appropriate for services to youth and young adults addicted to nicotine, including through quitlines and provider education on cessation services available through the Medicaid program under title XIX of the Social Security Act and the Children’s Health Insurance Program under title XXI of such Act. (8) Evaluating State, community, and school-based strategies for— (A) preventing the initiation and use of electronic cigarettes and emerging tobacco products among youth and young adults; and (B) intervening with youth and young adults who use tobacco and providing or directing them to appropriate cessation services.", "id": "H8413FC15754545B2BA0A7C539046E087", "header": "In general", "nested": [], "links": [] }, { "text": "(b) No duplication \nThe Secretary shall ensure that activities under this section do not duplicate other activities of the Department of Health and Human Services.", "id": "H29C1CBB69D514B3E9FC2BEA5C1AE4B58", "header": "No duplication", "nested": [], "links": [] }, { "text": "(c) Strategy \nNot later than 90 days after the date of enactment of this section, the Secretary 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, and make available to the public on the internet website of the Department of Health and Human Services, a strategy for carrying out the Reducing Youth Use of E–Cigarettes Initiative.", "id": "H8F01DF79BB42432AAEC3172CB872B095", "header": "Strategy", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $100,000,000 for each of fiscal years 2024 through 2028.", "id": "H27EDFB0C395445AC93E0C37681ED1D1F", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Child health", "Congressional oversight", "Drug, alcohol, tobacco use", "Government studies and investigations", "Health programs administration and funding", "Health promotion and preventive care" ]

[ { "text": "1. Short title \nThis Act may be cited as the Improving Data Accessibility Through Advancements in Public Health Act or the Improving DATA in Public Health Act.", "id": "HAA6642878484445DBE67539D7266073C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Supporting public health data availability and access \n(a) Designation of public health data standards \nSection 2823(a)(2) of the Public Health Service Act ( 42 U.S.C. 300hh–33(a)(2) ) is amended by adding at the end the following: (D) Selection of data and technology standards \nThe standards designated as described in subparagraph (A) may include standards to improve— (i) the exchange of electronic health information for— (I) electronic case reporting; (II) syndromic surveillance; (III) reporting of vital statistics; and (IV) reporting test orders and results electronically, including from laboratories; (ii) automated electronic reporting to relevant public health data systems of the Centers for Disease Control and Prevention; and (iii) such other uses as the Secretary determines appropriate. (E) Considerations \nStandards designated under this paragraph shall include standards and implementation specifications necessary to ensure the appropriate capture, exchange, access, and use of information regarding race, ethnicity, sex (including sexual orientation and gender identity), disability status, veteran status, housing status, age, functional status, and other elements.. (b) Improving information sharing and availability of public health data \nSection 310B of the Public Health Service Act ( 42 U.S.C. 242u ) is amended to read as follows: 310B. Improving information sharing and availability of public health data \n(a) In general \nThe Secretary acting through the Director of the Centers for Disease Control and Prevention (in this section referred to as the Secretary ) may require the reporting of public health and health care data and information to the Centers for Disease Control and Prevention by— (1) health care providers and facilities, including pharmacies; (2) public health, clinical, and other laboratories and diagnostic testing entities; (3) State, local, and Tribal health departments; and (4) other entities, as determined appropriate by the Secretary. (b) Content, form, manner, and frequency \n(1) Collaboration \nThe Secretary shall collaborate with representatives of State, local, and Tribal health departments and other entities on determining the content, form, manner, and frequency of the reporting of public health and health care data and information required pursuant to subsection (a). (2) Simultaneous reporting \nIn determining the content, form, manner, and frequency of the reporting of public health and health care data and information pursuant to subsection (a), where a disease, condition, or related event is reportable under applicable State or local law, the Secretary shall require the data and information to be reported first or simultaneously to the appropriate State or local jurisdiction. (3) Alignment with standards and implementation specifications \nThe content, form, manner, and frequency requirements required pursuant to this section shall align with the standards and implementation specifications adopted by the Secretary under section 3004, where applicable. (4) Reasonable efforts to limit reporting \nThe Secretary shall make reasonable efforts to limit the public health and health care data and information required to be reported under this section to the minimum necessary to accomplish the intended public health purpose. (5) Implementation and regulations \nThe Secretary— (A) may promulgate by regulation the content, form, manner, and frequency in which public health and health care data and information is required to be reported under this section; and (B) in the event of a public health emergency declared under section 319, or where the Secretary determines there is a significant potential for such an emergency to exist, may issue such requirements— (i) by guidance in accordance with this section; and (ii) without regard to the procedures otherwise required by section 553 of title 5, United States Code. (c) Ensuring that data is accessible in a timely manner to State, local, and Tribal health authorities \n(1) Collaboration \nThe Secretary shall collaborate with representatives of State, local, and Tribal health departments, and entities representing such departments, to ensure that data and information that is collected by the Centers for Disease Control and Prevention pursuant to this section are accessible, as appropriate, in a timely manner, to State, local, and Tribal health authorities. (2) Rules of construction \nNothing in this section shall be construed— (A) to prevent any Federal agency, State, local, or Tribal health department, or other entity from collecting data or information under other applicable law; or (B) to limit the authority of the Centers for Disease Control and Prevention to share public health surveillance data with State, local, or Tribal health authorities. (3) Reasonable efforts to reduce reporting burdens and potential duplication \nThe Secretary shall make reasonable efforts to collaborate with representatives of Federal agencies and State, local, and Tribal health departments to reduce reporting burdens and potential duplication of reporting requirements. Such efforts may include ensuring simultaneous sharing of data and information described in subsection (b) with State, local, and Tribal public health authorities. (d) Confidentiality and protection of data \nAny identifiable, sensitive information reported to the Centers for Disease Control and Prevention pursuant to this section shall not be further disclosed or provided to any other individual or party, including any party involved in civil, criminal, or administrative litigation, except— (1) as necessary for public health purposes, including with relevant Federal, State, local, or tribal public health authorities; (2) as required under section 552a(d)(1) of title 5, United States Code; (3) as required by applicable Federal laws, excluding instances of disclosure in any Federal, State, or local civil, criminal, administrative, legislative, or other proceeding; or (4) with the consent of each individual to whom the information pertains. (e) Exemption of certain public health data from disclosure \nThe Secretary may exempt from disclosure under section 552(b)(3) of title 5, United States Code, public health and health care data and information collected by the Centers for Disease Control and Prevention pursuant to this section or any other authority under which the Centers collects public health or health care data and information if— (1) an individual is identified through such data or information; or (2) there is at least a very small risk, as determined by current scientific practices or statistical methods, that some combination of the data or information, the request for disclosure under such section 552(b)(3), and other available data sources or the application of technology could be used to deduce the identity of the individuals to which such data or information pertains.. (c) Public Health Information Sharing and Availability Advisory Committee \nPart A of title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by adding at the end the following: 310C. Public Health Information Sharing and Availability Advisory Committee \n(a) Establishment \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish an advisory committee, to be known as the Public Health Information Sharing and Availability Advisory Committee, to advise, and make recommendations to, the Director with respect to the implementation of public health and health care data and information reporting and sharing under section 310B. (b) Membership \nThe membership of the advisory committee established pursuant to this section shall include— (1) individuals with subject matter expertise or experience in the following areas of public health and health care data and information, including— (A) State, territorial, local, and Tribal health department data systems or practices; and (B) health care data; (2) ex officio members, including from relevant Federal agencies such as the Office of the National Coordinator for Health Information Technology, the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, and the Office of the Assistant Secretary for Health; (3) representatives of national organizations, including the Council of State and Territorial Epidemiologists, the Association of Public Health Laboratories, the Association of State and Territorial Health Officials, the National Association of County and City Health Officials, and the Big Cities Health Coalition; and (4) such additional members as the Secretary determines appropriate. (c) FACA applicability \nThe advisory committee established pursuant to this section is deemed to be an advisory committee subject to the Federal Advisory Committee Act.. (d) Improving public health data collection \n(1) In general \nThe Secretary of Health and Human Services (referred to in this subsection as the Secretary ) shall award grants, contracts, or cooperative agreements to eligible entities for purposes of identifying, developing, or disseminating best practices in the collection of electronic health information and the use of designated data standards and implementation specifications— (A) to improve the quality and completeness of data, including demographic data, collected, accessed, or used for public health purposes; and (B) to address health disparities and related health outcomes. (2) Eligible entities \nTo be eligible to receive an award under this subsection an entity shall— (A) be a health care provider, academic medical center, community-based organization, State, local governmental entity, Indian Tribe or Tribal organization (as such terms are defined in section 4 of the Indian Self Determination and Education Assistance Act ( 25 U.S.C. 5304 )), Urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )), or other appropriate public or private nonprofit entity, or a consortia of any such entities; and (B) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (3) Activities \nEntities receiving awards under this subsection shall use such award to develop and test best practices for training health care providers to use standards and implementation specifications that assist in the capture, access, exchange, and use of electronic health information, including demographic information, disability status, veteran status, housing status, functional status, and other data elements. Such activities shall, at a minimum, include— (A) improving, understanding, and using data standards and implementation specifications; (B) developing or identifying methods to improve communication with patients in a culturally and linguistically appropriate manner, including to better capture information related to demographics of such individuals; (C) developing methods for accurately categorizing and recording patient responses using available data standards; (D) educating providers regarding the utility of such information for public health purposes and the importance of accurate collection and recording of such data; and (E) other activities, as the Secretary determines appropriate. (4) Reporting \n(A) Reporting by award recipients \nEach recipient of an award under this subsection shall submit to the Secretary a report on the results of best practices identified, developed, or disseminated through such award. (B) Report to Congress \nNot later than 1 year after the completion of the program under this subsection, the Secretary shall submit a report to Congress on the success of the best practices developed under such program, opportunities for further dissemination of such best practices, and recommendations for improving the capture, access, exchange, and use of information to improve public health and reduce health disparities. (5) Nonduplication of efforts \nThe Secretary shall ensure that the activities and programs carried out under this subsection are free of unnecessary duplication of effort. (6) Authorization of appropriations \nThere is authorized to be appropriated $10,000,000 for each of fiscal years 2024 through 2026 to carry out this subsection. (e) Information collection \nSection 319D(a) of the Public Health Service Act ( 42 U.S.C. 247d–4(a) ) is amended by adding at the end the following: (5) Information collection \nSubchapter I of chapter 35 of title 44, United States Code, shall not apply to information collection by the Centers for Disease Control and Prevention, including the Agency for Toxic Substances and Disease Registry, that are part of investigations, research, surveillance, or evaluations undertaken for public health purposes under any available authority..", "id": "H82C9F0828CD14CFA8F1C56A40448DFC9", "header": "Supporting public health data availability and access", "nested": [ { "text": "(a) Designation of public health data standards \nSection 2823(a)(2) of the Public Health Service Act ( 42 U.S.C. 300hh–33(a)(2) ) is amended by adding at the end the following: (D) Selection of data and technology standards \nThe standards designated as described in subparagraph (A) may include standards to improve— (i) the exchange of electronic health information for— (I) electronic case reporting; (II) syndromic surveillance; (III) reporting of vital statistics; and (IV) reporting test orders and results electronically, including from laboratories; (ii) automated electronic reporting to relevant public health data systems of the Centers for Disease Control and Prevention; and (iii) such other uses as the Secretary determines appropriate. (E) Considerations \nStandards designated under this paragraph shall include standards and implementation specifications necessary to ensure the appropriate capture, exchange, access, and use of information regarding race, ethnicity, sex (including sexual orientation and gender identity), disability status, veteran status, housing status, age, functional status, and other elements..", "id": "H37A3AF07BD0E4B728BAD09783445B390", "header": "Designation of public health data standards", "nested": [], "links": [ { "text": "42 U.S.C. 300hh–33(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-33" } ] }, { "text": "(b) Improving information sharing and availability of public health data \nSection 310B of the Public Health Service Act ( 42 U.S.C. 242u ) is amended to read as follows: 310B. Improving information sharing and availability of public health data \n(a) In general \nThe Secretary acting through the Director of the Centers for Disease Control and Prevention (in this section referred to as the Secretary ) may require the reporting of public health and health care data and information to the Centers for Disease Control and Prevention by— (1) health care providers and facilities, including pharmacies; (2) public health, clinical, and other laboratories and diagnostic testing entities; (3) State, local, and Tribal health departments; and (4) other entities, as determined appropriate by the Secretary. (b) Content, form, manner, and frequency \n(1) Collaboration \nThe Secretary shall collaborate with representatives of State, local, and Tribal health departments and other entities on determining the content, form, manner, and frequency of the reporting of public health and health care data and information required pursuant to subsection (a). (2) Simultaneous reporting \nIn determining the content, form, manner, and frequency of the reporting of public health and health care data and information pursuant to subsection (a), where a disease, condition, or related event is reportable under applicable State or local law, the Secretary shall require the data and information to be reported first or simultaneously to the appropriate State or local jurisdiction. (3) Alignment with standards and implementation specifications \nThe content, form, manner, and frequency requirements required pursuant to this section shall align with the standards and implementation specifications adopted by the Secretary under section 3004, where applicable. (4) Reasonable efforts to limit reporting \nThe Secretary shall make reasonable efforts to limit the public health and health care data and information required to be reported under this section to the minimum necessary to accomplish the intended public health purpose. (5) Implementation and regulations \nThe Secretary— (A) may promulgate by regulation the content, form, manner, and frequency in which public health and health care data and information is required to be reported under this section; and (B) in the event of a public health emergency declared under section 319, or where the Secretary determines there is a significant potential for such an emergency to exist, may issue such requirements— (i) by guidance in accordance with this section; and (ii) without regard to the procedures otherwise required by section 553 of title 5, United States Code. (c) Ensuring that data is accessible in a timely manner to State, local, and Tribal health authorities \n(1) Collaboration \nThe Secretary shall collaborate with representatives of State, local, and Tribal health departments, and entities representing such departments, to ensure that data and information that is collected by the Centers for Disease Control and Prevention pursuant to this section are accessible, as appropriate, in a timely manner, to State, local, and Tribal health authorities. (2) Rules of construction \nNothing in this section shall be construed— (A) to prevent any Federal agency, State, local, or Tribal health department, or other entity from collecting data or information under other applicable law; or (B) to limit the authority of the Centers for Disease Control and Prevention to share public health surveillance data with State, local, or Tribal health authorities. (3) Reasonable efforts to reduce reporting burdens and potential duplication \nThe Secretary shall make reasonable efforts to collaborate with representatives of Federal agencies and State, local, and Tribal health departments to reduce reporting burdens and potential duplication of reporting requirements. Such efforts may include ensuring simultaneous sharing of data and information described in subsection (b) with State, local, and Tribal public health authorities. (d) Confidentiality and protection of data \nAny identifiable, sensitive information reported to the Centers for Disease Control and Prevention pursuant to this section shall not be further disclosed or provided to any other individual or party, including any party involved in civil, criminal, or administrative litigation, except— (1) as necessary for public health purposes, including with relevant Federal, State, local, or tribal public health authorities; (2) as required under section 552a(d)(1) of title 5, United States Code; (3) as required by applicable Federal laws, excluding instances of disclosure in any Federal, State, or local civil, criminal, administrative, legislative, or other proceeding; or (4) with the consent of each individual to whom the information pertains. (e) Exemption of certain public health data from disclosure \nThe Secretary may exempt from disclosure under section 552(b)(3) of title 5, United States Code, public health and health care data and information collected by the Centers for Disease Control and Prevention pursuant to this section or any other authority under which the Centers collects public health or health care data and information if— (1) an individual is identified through such data or information; or (2) there is at least a very small risk, as determined by current scientific practices or statistical methods, that some combination of the data or information, the request for disclosure under such section 552(b)(3), and other available data sources or the application of technology could be used to deduce the identity of the individuals to which such data or information pertains..", "id": "H5448196A21B34216A22E98D7B52A1B34", "header": "Improving information sharing and availability of public health data", "nested": [], "links": [ { "text": "42 U.S.C. 242u", "legal-doc": "usc", "parsable-cite": "usc/42/242u" } ] }, { "text": "(c) Public Health Information Sharing and Availability Advisory Committee \nPart A of title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by adding at the end the following: 310C. Public Health Information Sharing and Availability Advisory Committee \n(a) Establishment \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish an advisory committee, to be known as the Public Health Information Sharing and Availability Advisory Committee, to advise, and make recommendations to, the Director with respect to the implementation of public health and health care data and information reporting and sharing under section 310B. (b) Membership \nThe membership of the advisory committee established pursuant to this section shall include— (1) individuals with subject matter expertise or experience in the following areas of public health and health care data and information, including— (A) State, territorial, local, and Tribal health department data systems or practices; and (B) health care data; (2) ex officio members, including from relevant Federal agencies such as the Office of the National Coordinator for Health Information Technology, the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, and the Office of the Assistant Secretary for Health; (3) representatives of national organizations, including the Council of State and Territorial Epidemiologists, the Association of Public Health Laboratories, the Association of State and Territorial Health Officials, the National Association of County and City Health Officials, and the Big Cities Health Coalition; and (4) such additional members as the Secretary determines appropriate. (c) FACA applicability \nThe advisory committee established pursuant to this section is deemed to be an advisory committee subject to the Federal Advisory Committee Act..", "id": "id37f493fc20ce41d0bd2f714913e89991", "header": "Public Health Information Sharing and Availability Advisory Committee", "nested": [], "links": [ { "text": "42 U.S.C. 241 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/241" } ] }, { "text": "(d) Improving public health data collection \n(1) In general \nThe Secretary of Health and Human Services (referred to in this subsection as the Secretary ) shall award grants, contracts, or cooperative agreements to eligible entities for purposes of identifying, developing, or disseminating best practices in the collection of electronic health information and the use of designated data standards and implementation specifications— (A) to improve the quality and completeness of data, including demographic data, collected, accessed, or used for public health purposes; and (B) to address health disparities and related health outcomes. (2) Eligible entities \nTo be eligible to receive an award under this subsection an entity shall— (A) be a health care provider, academic medical center, community-based organization, State, local governmental entity, Indian Tribe or Tribal organization (as such terms are defined in section 4 of the Indian Self Determination and Education Assistance Act ( 25 U.S.C. 5304 )), Urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )), or other appropriate public or private nonprofit entity, or a consortia of any such entities; and (B) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (3) Activities \nEntities receiving awards under this subsection shall use such award to develop and test best practices for training health care providers to use standards and implementation specifications that assist in the capture, access, exchange, and use of electronic health information, including demographic information, disability status, veteran status, housing status, functional status, and other data elements. Such activities shall, at a minimum, include— (A) improving, understanding, and using data standards and implementation specifications; (B) developing or identifying methods to improve communication with patients in a culturally and linguistically appropriate manner, including to better capture information related to demographics of such individuals; (C) developing methods for accurately categorizing and recording patient responses using available data standards; (D) educating providers regarding the utility of such information for public health purposes and the importance of accurate collection and recording of such data; and (E) other activities, as the Secretary determines appropriate. (4) Reporting \n(A) Reporting by award recipients \nEach recipient of an award under this subsection shall submit to the Secretary a report on the results of best practices identified, developed, or disseminated through such award. (B) Report to Congress \nNot later than 1 year after the completion of the program under this subsection, the Secretary shall submit a report to Congress on the success of the best practices developed under such program, opportunities for further dissemination of such best practices, and recommendations for improving the capture, access, exchange, and use of information to improve public health and reduce health disparities. (5) Nonduplication of efforts \nThe Secretary shall ensure that the activities and programs carried out under this subsection are free of unnecessary duplication of effort. (6) Authorization of appropriations \nThere is authorized to be appropriated $10,000,000 for each of fiscal years 2024 through 2026 to carry out this subsection.", "id": "id01337c35e3114b9cb50d1cac75227e53", "header": "Improving public health data collection", "nested": [], "links": [ { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "25 U.S.C. 1603", "legal-doc": "usc", "parsable-cite": "usc/25/1603" } ] }, { "text": "(e) Information collection \nSection 319D(a) of the Public Health Service Act ( 42 U.S.C. 247d–4(a) ) is amended by adding at the end the following: (5) Information collection \nSubchapter I of chapter 35 of title 44, United States Code, shall not apply to information collection by the Centers for Disease Control and Prevention, including the Agency for Toxic Substances and Disease Registry, that are part of investigations, research, surveillance, or evaluations undertaken for public health purposes under any available authority..", "id": "idb29855de05254ec9bfecd530f739518a", "header": "Information collection", "nested": [], "links": [ { "text": "42 U.S.C. 247d–4(a)", "legal-doc": "usc", "parsable-cite": "usc/42/247d-4" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] } ], "links": [ { "text": "42 U.S.C. 300hh–33(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-33" }, { "text": "42 U.S.C. 242u", "legal-doc": "usc", "parsable-cite": "usc/42/242u" }, { "text": "42 U.S.C. 241 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/241" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "25 U.S.C. 1603", "legal-doc": "usc", "parsable-cite": "usc/25/1603" }, { "text": "42 U.S.C. 247d–4(a)", "legal-doc": "usc", "parsable-cite": "usc/42/247d-4" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] }, { "text": "310B. Improving information sharing and availability of public health data \n(a) In general \nThe Secretary acting through the Director of the Centers for Disease Control and Prevention (in this section referred to as the Secretary ) may require the reporting of public health and health care data and information to the Centers for Disease Control and Prevention by— (1) health care providers and facilities, including pharmacies; (2) public health, clinical, and other laboratories and diagnostic testing entities; (3) State, local, and Tribal health departments; and (4) other entities, as determined appropriate by the Secretary. (b) Content, form, manner, and frequency \n(1) Collaboration \nThe Secretary shall collaborate with representatives of State, local, and Tribal health departments and other entities on determining the content, form, manner, and frequency of the reporting of public health and health care data and information required pursuant to subsection (a). (2) Simultaneous reporting \nIn determining the content, form, manner, and frequency of the reporting of public health and health care data and information pursuant to subsection (a), where a disease, condition, or related event is reportable under applicable State or local law, the Secretary shall require the data and information to be reported first or simultaneously to the appropriate State or local jurisdiction. (3) Alignment with standards and implementation specifications \nThe content, form, manner, and frequency requirements required pursuant to this section shall align with the standards and implementation specifications adopted by the Secretary under section 3004, where applicable. (4) Reasonable efforts to limit reporting \nThe Secretary shall make reasonable efforts to limit the public health and health care data and information required to be reported under this section to the minimum necessary to accomplish the intended public health purpose. (5) Implementation and regulations \nThe Secretary— (A) may promulgate by regulation the content, form, manner, and frequency in which public health and health care data and information is required to be reported under this section; and (B) in the event of a public health emergency declared under section 319, or where the Secretary determines there is a significant potential for such an emergency to exist, may issue such requirements— (i) by guidance in accordance with this section; and (ii) without regard to the procedures otherwise required by section 553 of title 5, United States Code. (c) Ensuring that data is accessible in a timely manner to State, local, and Tribal health authorities \n(1) Collaboration \nThe Secretary shall collaborate with representatives of State, local, and Tribal health departments, and entities representing such departments, to ensure that data and information that is collected by the Centers for Disease Control and Prevention pursuant to this section are accessible, as appropriate, in a timely manner, to State, local, and Tribal health authorities. (2) Rules of construction \nNothing in this section shall be construed— (A) to prevent any Federal agency, State, local, or Tribal health department, or other entity from collecting data or information under other applicable law; or (B) to limit the authority of the Centers for Disease Control and Prevention to share public health surveillance data with State, local, or Tribal health authorities. (3) Reasonable efforts to reduce reporting burdens and potential duplication \nThe Secretary shall make reasonable efforts to collaborate with representatives of Federal agencies and State, local, and Tribal health departments to reduce reporting burdens and potential duplication of reporting requirements. Such efforts may include ensuring simultaneous sharing of data and information described in subsection (b) with State, local, and Tribal public health authorities. (d) Confidentiality and protection of data \nAny identifiable, sensitive information reported to the Centers for Disease Control and Prevention pursuant to this section shall not be further disclosed or provided to any other individual or party, including any party involved in civil, criminal, or administrative litigation, except— (1) as necessary for public health purposes, including with relevant Federal, State, local, or tribal public health authorities; (2) as required under section 552a(d)(1) of title 5, United States Code; (3) as required by applicable Federal laws, excluding instances of disclosure in any Federal, State, or local civil, criminal, administrative, legislative, or other proceeding; or (4) with the consent of each individual to whom the information pertains. (e) Exemption of certain public health data from disclosure \nThe Secretary may exempt from disclosure under section 552(b)(3) of title 5, United States Code, public health and health care data and information collected by the Centers for Disease Control and Prevention pursuant to this section or any other authority under which the Centers collects public health or health care data and information if— (1) an individual is identified through such data or information; or (2) there is at least a very small risk, as determined by current scientific practices or statistical methods, that some combination of the data or information, the request for disclosure under such section 552(b)(3), and other available data sources or the application of technology could be used to deduce the identity of the individuals to which such data or information pertains.", "id": "H92B4B49159D446EFBEDD756DEAB4DDF3", "header": "Improving information sharing and availability of public health data", "nested": [ { "text": "(a) In general \nThe Secretary acting through the Director of the Centers for Disease Control and Prevention (in this section referred to as the Secretary ) may require the reporting of public health and health care data and information to the Centers for Disease Control and Prevention by— (1) health care providers and facilities, including pharmacies; (2) public health, clinical, and other laboratories and diagnostic testing entities; (3) State, local, and Tribal health departments; and (4) other entities, as determined appropriate by the Secretary.", "id": "H687236D7B86149AA83FF707749C1F74D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Content, form, manner, and frequency \n(1) Collaboration \nThe Secretary shall collaborate with representatives of State, local, and Tribal health departments and other entities on determining the content, form, manner, and frequency of the reporting of public health and health care data and information required pursuant to subsection (a). (2) Simultaneous reporting \nIn determining the content, form, manner, and frequency of the reporting of public health and health care data and information pursuant to subsection (a), where a disease, condition, or related event is reportable under applicable State or local law, the Secretary shall require the data and information to be reported first or simultaneously to the appropriate State or local jurisdiction. (3) Alignment with standards and implementation specifications \nThe content, form, manner, and frequency requirements required pursuant to this section shall align with the standards and implementation specifications adopted by the Secretary under section 3004, where applicable. (4) Reasonable efforts to limit reporting \nThe Secretary shall make reasonable efforts to limit the public health and health care data and information required to be reported under this section to the minimum necessary to accomplish the intended public health purpose. (5) Implementation and regulations \nThe Secretary— (A) may promulgate by regulation the content, form, manner, and frequency in which public health and health care data and information is required to be reported under this section; and (B) in the event of a public health emergency declared under section 319, or where the Secretary determines there is a significant potential for such an emergency to exist, may issue such requirements— (i) by guidance in accordance with this section; and (ii) without regard to the procedures otherwise required by section 553 of title 5, United States Code.", "id": "H6369778F481B4154A9BD759528E3A161", "header": "Content, form, manner, and frequency", "nested": [], "links": [] }, { "text": "(c) Ensuring that data is accessible in a timely manner to State, local, and Tribal health authorities \n(1) Collaboration \nThe Secretary shall collaborate with representatives of State, local, and Tribal health departments, and entities representing such departments, to ensure that data and information that is collected by the Centers for Disease Control and Prevention pursuant to this section are accessible, as appropriate, in a timely manner, to State, local, and Tribal health authorities. (2) Rules of construction \nNothing in this section shall be construed— (A) to prevent any Federal agency, State, local, or Tribal health department, or other entity from collecting data or information under other applicable law; or (B) to limit the authority of the Centers for Disease Control and Prevention to share public health surveillance data with State, local, or Tribal health authorities. (3) Reasonable efforts to reduce reporting burdens and potential duplication \nThe Secretary shall make reasonable efforts to collaborate with representatives of Federal agencies and State, local, and Tribal health departments to reduce reporting burdens and potential duplication of reporting requirements. Such efforts may include ensuring simultaneous sharing of data and information described in subsection (b) with State, local, and Tribal public health authorities.", "id": "H9C547B74D4EE4E2AB6218B67B12624EB", "header": "Ensuring that data is accessible in a timely manner to State, local, and Tribal health authorities", "nested": [], "links": [] }, { "text": "(d) Confidentiality and protection of data \nAny identifiable, sensitive information reported to the Centers for Disease Control and Prevention pursuant to this section shall not be further disclosed or provided to any other individual or party, including any party involved in civil, criminal, or administrative litigation, except— (1) as necessary for public health purposes, including with relevant Federal, State, local, or tribal public health authorities; (2) as required under section 552a(d)(1) of title 5, United States Code; (3) as required by applicable Federal laws, excluding instances of disclosure in any Federal, State, or local civil, criminal, administrative, legislative, or other proceeding; or (4) with the consent of each individual to whom the information pertains.", "id": "H2E620767FC5C48C5BAAFD7C21824029F", "header": "Confidentiality and protection of data", "nested": [], "links": [] }, { "text": "(e) Exemption of certain public health data from disclosure \nThe Secretary may exempt from disclosure under section 552(b)(3) of title 5, United States Code, public health and health care data and information collected by the Centers for Disease Control and Prevention pursuant to this section or any other authority under which the Centers collects public health or health care data and information if— (1) an individual is identified through such data or information; or (2) there is at least a very small risk, as determined by current scientific practices or statistical methods, that some combination of the data or information, the request for disclosure under such section 552(b)(3), and other available data sources or the application of technology could be used to deduce the identity of the individuals to which such data or information pertains.", "id": "H7AD278298BA14EBE9791A43036B81675", "header": "Exemption of certain public health data from disclosure", "nested": [], "links": [] } ], "links": [] }, { "text": "310C. Public Health Information Sharing and Availability Advisory Committee \n(a) Establishment \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish an advisory committee, to be known as the Public Health Information Sharing and Availability Advisory Committee, to advise, and make recommendations to, the Director with respect to the implementation of public health and health care data and information reporting and sharing under section 310B. (b) Membership \nThe membership of the advisory committee established pursuant to this section shall include— (1) individuals with subject matter expertise or experience in the following areas of public health and health care data and information, including— (A) State, territorial, local, and Tribal health department data systems or practices; and (B) health care data; (2) ex officio members, including from relevant Federal agencies such as the Office of the National Coordinator for Health Information Technology, the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, and the Office of the Assistant Secretary for Health; (3) representatives of national organizations, including the Council of State and Territorial Epidemiologists, the Association of Public Health Laboratories, the Association of State and Territorial Health Officials, the National Association of County and City Health Officials, and the Big Cities Health Coalition; and (4) such additional members as the Secretary determines appropriate. (c) FACA applicability \nThe advisory committee established pursuant to this section is deemed to be an advisory committee subject to the Federal Advisory Committee Act.", "id": "HDA6F53BAA321483D8BCDB134EC7B9141", "header": "Public Health Information Sharing and Availability Advisory Committee", "nested": [ { "text": "(a) Establishment \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish an advisory committee, to be known as the Public Health Information Sharing and Availability Advisory Committee, to advise, and make recommendations to, the Director with respect to the implementation of public health and health care data and information reporting and sharing under section 310B.", "id": "H8951726E1F804E17B01604F8E44E78D5", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Membership \nThe membership of the advisory committee established pursuant to this section shall include— (1) individuals with subject matter expertise or experience in the following areas of public health and health care data and information, including— (A) State, territorial, local, and Tribal health department data systems or practices; and (B) health care data; (2) ex officio members, including from relevant Federal agencies such as the Office of the National Coordinator for Health Information Technology, the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, and the Office of the Assistant Secretary for Health; (3) representatives of national organizations, including the Council of State and Territorial Epidemiologists, the Association of Public Health Laboratories, the Association of State and Territorial Health Officials, the National Association of County and City Health Officials, and the Big Cities Health Coalition; and (4) such additional members as the Secretary determines appropriate.", "id": "HF0491AB289A142DBA819AABE3E603C8B", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) FACA applicability \nThe advisory committee established pursuant to this section is deemed to be an advisory committee subject to the Federal Advisory Committee Act.", "id": "H71ADEB9F78404401935F2BC71B8DDB3B", "header": "FACA applicability", "nested": [], "links": [] } ], "links": [] } ]

[ "Advisory bodies", "Computers and information technology", "Congressional oversight", "Department of Health and Human Services", "Executive agency funding and structure", "Government information and archives", "Health information and medical records", "Health programs administration and funding", "Intergovernmental relations" ]