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[ { "text": "1. Short title \nThis Act may be cited as the Stronger Enforcement of Civil Penalties Act of 2023.", "id": "idC1CE93AD14EF43CFBDF068A1BD4BC499", "header": "Short title" }, { "text": "2. Updated civil money penalties for securities laws violations \n(a) Securities Act of 1933 \n(1) Money penalties in administrative actions \nSection 8A(g)(2) of the Securities Act of 1933 ( 15 U.S.C. 77h–1(g)(2) ) is amended— (A) in subparagraph (A)— (i) by striking $7,500 and inserting $10,000 ; and (ii) by striking $75,000 and inserting $100,000 ; (B) in subparagraph (B)— (i) by striking $75,000 and inserting $100,000 ; and (ii) by striking $375,000 and inserting $500,000 ; and (C) by striking subparagraph (C) and inserting the following: (C) Third tier \n(i) In general \nNotwithstanding subparagraphs (A) and (B), for a third tier act or omission, the amount of penalty for each such act or omission shall not exceed the greater of— (I) $1,000,000 for a natural person or $10,000,000 for any other person; (II) 3 times the gross amount of pecuniary gain to the person who committed the act or omission; or (III) the amount of losses incurred by victims as a result of the act or omission. (ii) Third tier act or omission \nFor the purposes of this subparagraph, the term third tier act or omission means an act or omission described in paragraph (1) that— (I) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (II) directly or indirectly— (aa) resulted in substantial losses to other persons; (bb) created a significant risk of substantial losses to other persons; or (cc) resulted in substantial pecuniary gain to the person who committed the act or omission.. (2) Money penalties in civil actions \nSection 20(d)(2) of the Securities Act of 1933 ( 15 U.S.C. 77t(d)(2) ) is amended— (A) in subparagraph (A)— (i) by striking $5,000 and inserting $10,000 ; and (ii) by striking $50,000 and inserting $100,000 ; (B) in subparagraph (B)— (i) by striking $50,000 and inserting $100,000 ; and (ii) by striking $250,000 and inserting $500,000 ; and (C) by striking subparagraph (C) and inserting the following: (C) Third tier \n(i) In general \nNotwithstanding subparagraphs (A) and (B), for a third tier violation, the amount of penalty for each such violation shall not exceed the greater of— (I) $1,000,000 for a natural person or $10,000,000 for any other person; (II) 3 times the gross amount of pecuniary gain to the person who committed the violation; or (III) the amount of losses incurred by victims as a result of the violation. (ii) Third tier violation \nFor the purposes of this subparagraph, the term third tier violation means a violation described in paragraph (1) that— (I) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (II) directly or indirectly— (aa) resulted in substantial losses to other persons; (bb) created a significant risk of substantial losses to other persons; or (cc) resulted in substantial pecuniary gain to the person who committed the violation.. (b) Securities Exchange Act of 1934 \n(1) Money penalties in civil actions \nSection 21(d)(3)(B) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u(d)(3)(B) ) is amended— (A) in clause (i)— (i) by striking $5,000 and inserting $10,000 ; and (ii) by striking $50,000 and inserting $100,000 ; (B) in clause (ii)— (i) by striking $50,000 and inserting $100,000 ; and (ii) by striking $250,000 and inserting $500,000 ; and (C) by striking clause (iii) and inserting the following: (iii) Third tier \n(I) In general \nNotwithstanding clauses (i) and (ii), for a third tier violation, the amount of penalty for each such violation shall not exceed the greater of— (aa) $1,000,000 for a natural person or $10,000,000 for any other person; (bb) 3 times the gross amount of pecuniary gain to the person who committed the violation; or (cc) the amount of losses incurred by victims as a result of the violation. (II) Third tier violation \nFor the purposes of this clause, the term third tier violation means a violation described in subparagraph (A) that— (aa) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (bb) directly or indirectly— (AA) resulted in substantial losses to other persons; (BB) created a significant risk of substantial losses to other persons; or (CC) resulted in substantial pecuniary gain to the person who committed the violation.. (2) Money penalties in administrative actions \nSection 21B(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–2(b) ) is amended— (A) in paragraph (1)— (i) by striking $5,000 and inserting $10,000 ; and (ii) by striking $50,000 and inserting $100,000 ; (B) in paragraph (2)— (i) by striking $50,000 and inserting $100,000 ; and (ii) by striking $250,000 and inserting $500,000 ; and (C) by striking paragraph (3) and inserting the following: (3) Third tier \n(A) In general \nNotwithstanding paragraphs (1) and (2), for a third tier act or omission, the amount of penalty for each such act or omission shall not exceed the greater of— (i) $1,000,000 for a natural person or $10,000,000 for any other person; (ii) 3 times the gross amount of pecuniary gain to the person who committed the act or omission; or (iii) the amount of losses incurred by victims as a result of the act or omission. (B) Third tier act or omission \nFor the purposes of this paragraph, the term third tier act or omission means an act or omission described in paragraph (1) that— (i) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (ii) directly or indirectly— (I) resulted in substantial losses to other persons; (II) created a significant risk of substantial losses to other persons; or (III) resulted in substantial pecuniary gain to the person who committed the act or omission.. (c) Investment Company Act of 1940 \n(1) Money penalties in administrative actions \nSection 9(d)(2) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–9(d)(2) ) is amended— (A) in subparagraph (A)— (i) by striking $5,000 and inserting $10,000 ; and (ii) by striking $50,000 and inserting $100,000 ; (B) in subparagraph (B)— (i) by striking $50,000 and inserting $100,000 ; and (ii) by striking $250,000 and inserting $500,000 ; and (C) by striking subparagraph (C) and inserting the following: (C) Third tier \n(i) In general \nNotwithstanding subparagraphs (A) and (B), for a third tier act or omission, the amount of penalty for each such act or omission shall not exceed the greater of— (I) $1,000,000 for a natural person or $10,000,000 for any other person; (II) 3 times the gross amount of pecuniary gain to the person who committed the act or omission; or (III) the amount of losses incurred by victims as a result of the act or omission. (ii) Third tier act or omission \nFor the purposes of this subparagraph, the term third tier act or omission means an act or omission described in paragraph (1) that— (I) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (II) directly or indirectly— (aa) resulted in substantial losses to other persons; (bb) created a significant risk of substantial losses to other persons; or (cc) resulted in substantial pecuniary gain to the person who committed the act or omission.. (2) Money penalties in civil actions \nSection 42(e)(2) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–41(e)(2) ) is amended— (A) in subparagraph (A)— (i) by striking $5,000 and inserting $10,000 ; and (ii) by striking $50,000 and inserting $100,000 ; (B) in subparagraph (B)— (i) by striking $50,000 and inserting $100,000 ; and (ii) by striking $250,000 and inserting $500,000 ; and (C) by striking subparagraph (C) and inserting the following: (C) Third tier \n(i) In general \nNotwithstanding subparagraphs (A) and (B), for a third tier violation, the amount of penalty for each such violation shall not exceed the greater of— (I) $1,000,000 for a natural person or $10,000,000 for any other person; (II) 3 times the gross amount of pecuniary gain to the person who committed the violation; or (III) the amount of losses incurred by victims as a result of the violation. (ii) Third tier violation \nFor the purposes of this subparagraph, the term third tier violation means a violation described in paragraph (1) that— (I) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (II) directly or indirectly— (aa) resulted in substantial losses to other persons; (bb) created a significant risk of substantial losses to other persons; or (cc) resulted in substantial pecuniary gain to the person who committed the violation.. (d) Investment Advisers Act of 1940 \n(1) Money penalties in administrative actions \nSection 203(i)(2) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–3(i)(2) ) is amended— (A) in subparagraph (A)— (i) by striking $5,000 and inserting $10,000 ; and (ii) by striking $50,000 and inserting $100,000 ; (B) in subparagraph (B)— (i) by striking $50,000 and inserting $100,000 ; and (ii) by striking $250,000 and inserting $500,000 ; and (C) by striking subparagraph (C) and inserting the following: (C) Third tier \n(i) In general \nNotwithstanding subparagraphs (A) and (B), for a third tier act or omission, the amount of penalty for each such act or omission shall not exceed the greater of— (I) $1,000,000 for a natural person or $10,000,000 for any other person; (II) 3 times the gross amount of pecuniary gain to the person who committed the act or omission; or (III) the amount of losses incurred by victims as a result of the act or omission. (ii) Third tier act or omission \nFor the purposes of this subparagraph, the term third tier act or omission means an act or omission described in paragraph (1) that— (I) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (II) directly or indirectly— (aa) resulted in substantial losses to other persons; (bb) created a significant risk of substantial losses to other persons; or (cc) resulted in substantial pecuniary gain to the person who committed the act or omission.. (2) Money penalties in civil actions \nSection 209(e)(2) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–9(e)(2) ) is amended— (A) in subparagraph (A)— (i) by striking $5,000 and inserting $10,000 ; and (ii) by striking $50,000 and inserting $100,000 ; (B) in subparagraph (B)— (i) by striking $50,000 and inserting $100,000 ; and (ii) by striking $250,000 and inserting $500,000 ; and (C) by striking subparagraph (C) and inserting the following: (C) Third tier \n(i) In general \nNotwithstanding subparagraphs (A) and (B), for a third tier violation, the amount of penalty for each such violation shall not exceed the greater of— (I) $1,000,000 for a natural person or $10,000,000 for any other person; (II) 3 times the gross amount of pecuniary gain to the person who committed the violation; or (III) the amount of losses incurred by victims as a result of the violation. (ii) Third tier violation \nFor the purposes of this subparagraph, the term third tier violation means a violation described in paragraph (1) that— (I) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (II) directly or indirectly— (aa) resulted in substantial losses to other persons; (bb) created a significant risk of substantial losses to other persons; or (cc) resulted in substantial pecuniary gain to the person who committed the violation..", "id": "H38F688A4309344F9A3F085BBC1278B1F", "header": "Updated civil money penalties for securities laws violations" }, { "text": "3. Penalties for recidivists \n(a) Securities Act of 1933 \n(1) Cease-and-desist proceedings \nSection 8A(g)(2) of the Securities Act of 1933 ( 15 U.S.C. 77h–1(g)(2) ) is amended by adding at the end the following: (D) Fourth tier \nNotwithstanding subparagraphs (A), (B), and (C), the maximum amount of penalty for each such act or omission shall be 3 times the otherwise applicable amount in such subparagraphs if, within the 5-year period preceding such act or omission, the person who committed the act or omission was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that person.. (2) Injunctions and prosecution of offenses \nSection 20(d)(2) of the Securities Act of 1933 ( 15 U.S.C. 77t(d)(2) ) is amended by adding at the end the following: (D) Fourth tier \nNotwithstanding subparagraphs (A), (B), and (C), the maximum amount of penalty for each such violation shall be 3 times the otherwise applicable amount in such subparagraphs if, within the 5-year period preceding such violation, the defendant was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that defendant.. (b) Securities Exchange Act of 1934 \n(1) Civil actions \nSection 21(d)(3)(B) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u(d)(3)(B) ) is amended by adding at the end the following: (iv) Fourth tier \nNotwithstanding clauses (i), (ii), and (iii), the maximum amount of penalty for each such violation shall be 3 times the otherwise applicable amount in such clauses if, within the 5-year period preceding such violation, the defendant was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that defendant.. (2) Administrative proceedings \nSection 21B(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–2(b) ) is amended by adding at the end the following: (4) Fourth tier \nNotwithstanding paragraphs (1), (2), and (3), the maximum amount of penalty for each such act or omission shall be 3 times the otherwise applicable amount in such paragraphs if, within the 5-year period preceding such act or omission, the person who committed the act or omission was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that person.. (c) Investment Company Act of 1940 \n(1) Ineligibility of certain underwriters and affiliates \nSection 9(d)(2) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–9(d)(2) ) is amended by adding at the end the following: (D) Fourth tier \nNotwithstanding subparagraphs (A), (B), and (C), the maximum amount of penalty for each such act or omission shall be 3 times the otherwise applicable amount in such subparagraphs if, within the 5-year period preceding such act or omission, the person who committed the act or omission was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that person.. (2) Enforcement \nSection 42(e)(2) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–41(e)(2) ) is amended by adding at the end the following: (D) Fourth tier \nNotwithstanding subparagraphs (A), (B), and (C), the maximum amount of penalty for each such violation shall be 3 times the otherwise applicable amount in such subparagraphs if, within the 5-year period preceding such violation, the defendant was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that defendant.. (d) Investment Advisers Act of 1940 \nThe Investment Advisers Act of 1940 ( 15 U.S.C. 80b–1 et seq. ) is amended— (1) in section 203(i)(2) ( 15 U.S.C. 80b–3(i)(2) ), by adding at the end the following: (D) Fourth tier \nNotwithstanding subparagraphs (A), (B), and (C), the maximum amount of penalty for each such act or omission shall be 3 times the otherwise applicable amount in such subparagraphs if, within the 5-year period preceding such act or omission, the person who committed the act or omission was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that person. ; and (2) in section 209(e)(2) ( 15 U.S.C. 80b–9(e)(2) ) by adding at the end the following: (D) Fourth tier \nNotwithstanding subparagraphs (A), (B), and (C), the maximum amount of penalty for each such violation shall be 3 times the otherwise applicable amount in such subparagraphs if, within the 5-year period preceding such violation, the defendant was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that defendant..", "id": "HA91546B2DAF543F59F0A8905771A8FF9", "header": "Penalties for recidivists" }, { "text": "4. Violations of injunctions and bars \n(a) Securities Act of 1933 \nSection 20(d) of the Securities Act of 1933 ( 15 U.S.C. 77t(d) ) is amended— (1) in paragraph (1), by inserting after the rules or regulations thereunder, the following: a Federal court injunction or a bar obtained or entered by the Commission under this title, ; and (2) by striking paragraph (4) and inserting the following: (4) Special provisions relating to a violation of an injunction or certain orders \n(A) In general \nEach separate violation of an injunction or order described in subparagraph (B) shall be a separate offense, except that in the case of a violation through a continuing failure to comply with such injunction or order, each day of the failure to comply with the injunction or order shall be deemed a separate offense. (B) Injunctions and orders \nSubparagraph (A) shall apply with respect to any action to enforce— (i) a Federal court injunction obtained pursuant to this title; (ii) an order entered or obtained by the Commission pursuant to this title that bars, suspends, places limitations on the activities or functions of, or prohibits the activities of a person; or (iii) a cease-and-desist order entered by the Commission pursuant to section 8A.. (b) Securities Exchange Act of 1934 \nSection 21(d)(3) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u(d)(3) ) is amended— (1) in subparagraph (A), by inserting after the rules or regulations thereunder, the following: a Federal court injunction or a bar obtained or entered by the Commission under this title, ; and (2) by striking subparagraph (D) and inserting the following: (D) Special provisions relating to a violation of an injunction or certain orders \n(i) In general \nEach separate violation of an injunction or order described in clause (ii) shall be a separate offense, except that in the case of a violation through a continuing failure to comply with such injunction or order, each day of the failure to comply with the injunction or order shall be deemed a separate offense. (ii) Injunctions and orders \nClause (i) shall apply with respect to an action to enforce— (I) a Federal court injunction obtained pursuant to this title; (II) an order entered or obtained by the Commission pursuant to this title that bars, suspends, places limitations on the activities or functions of, or prohibits the activities of a person; or (III) a cease-and-desist order entered by the Commission pursuant to section 21C.. (c) Investment Company Act of 1940 \nSection 42(e) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–41(e) ) is amended— (1) in paragraph (1), by inserting after the rules or regulations thereunder, the following: a Federal court injunction or a bar obtained or entered by the Commission under this title, ; and (2) by striking paragraph (4) and inserting the following: (4) Special provisions relating to a violation of an injunction or certain orders \n(A) In general \nEach separate violation of an injunction or order described in subparagraph (B) shall be a separate offense, except that in the case of a violation through a continuing failure to comply with such injunction or order, each day of the failure to comply with the injunction or order shall be deemed a separate offense. (B) Injunctions and orders \nSubparagraph (A) shall apply with respect to any action to enforce— (i) a Federal court injunction obtained pursuant to this title; (ii) an order entered or obtained by the Commission pursuant to this title that bars, suspends, places limitations on the activities or functions of, or prohibits the activities of a person; or (iii) a cease-and-desist order entered by the Commission pursuant to section 9(f).. (d) Investment Advisers Act of 1940 \nSection 209(e) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–9(e) ) is amended— (1) in paragraph (1), by inserting after the rules or regulations thereunder, the following: a Federal court injunction or a bar obtained or entered by the Commission under this title, ; and (2) by striking paragraph (4) and inserting the following: (4) Special provisions relating to a violation of an injunction or certain orders \n(A) In general \nEach separate violation of an injunction or order described in subparagraph (B) shall be a separate offense, except that in the case of a violation through a continuing failure to comply with such injunction or order, each day of the failure to comply with the injunction or order shall be deemed a separate offense. (B) Injunctions and orders \nSubparagraph (A) shall apply with respect to any action to enforce— (i) a Federal court injunction obtained pursuant to this title; (ii) an order entered or obtained by the Commission pursuant to this title that bars, suspends, places limitations on the activities or functions of, or prohibits the activities of a person; or (iii) a cease-and-desist order entered by the Commission pursuant to section 203(k)..", "id": "HD30C919218DB484588D6EBDC25CC1247", "header": "Violations of injunctions and bars" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Sickle Cell Disease Comprehensive Care Act.", "id": "HA79558D9CC6049EAAC8963718EE60076", "header": "Short title" }, { "text": "2. Medicaid demonstration project to improve outpatient clinical care for individuals with sickle cell disease \nSection 1903 of the Social Security Act ( 42 U.S.C. 1396b ) is amended by adding at the end the following new subsection: (cc) Demonstration project To improve outpatient clinical care for individuals with sickle cell disease \n(1) In general \nNotwithstanding section 1902(a)(1) (relating to statewideness), section 1902(a)(10)(B) (relating to comparability), and any other provision of this title for which the Secretary determines it is necessary to waive in order to implement this subsection, not later than the date that is 1 year after the date of the enactment of this subsection, the Secretary shall, in consultation, as appropriate, with the Administrator of the Health Resources and Services Administration, the Director of the Agency for Healthcare Research and Quality, and the Deputy Assistant Secretary for Minority Health, conduct a 5-year demonstration project (referred to in this subsection as the demonstration project ) for the purpose described in paragraph (2) under which the Secretary shall— (A) for the first 18-month period of such project, award planning grants described in paragraph (3); and (B) for the remaining 42-month period of such project, provide payments to each State selected under paragraph (4) in accordance with paragraph (5). (2) Purpose \nThe purpose described in this paragraph is for each State that participates in the demonstration project to improve access to high-quality outpatient care for individuals receiving services under the State plan (or waiver of such plan) who are living with sickle cell disease (with a focus on, but not limited to, young adults and pregnant women), to improve clinical, mental health, ancillary, and support services, and to reduce overall and long-term costs, as appropriate, to the State associated with treating individuals with sickle cell disease under the State plan (or waiver of such plan) through the following activities: (A) Supporting the creation or augmentation of multi-disciplinary care teams that include the physicians needed to adequately treat an individual for sickle cell disease and its complications, as determined by the Secretary in consultation with the appropriate stakeholders, including organizations representing sickle cell disease patients, hematologists, and other specialists in sickle cell disease care and treatment. (B) Conducting an assessment of the barriers to care experienced by individuals with sickle cell disease enrolled under the State plan (or waiver of such plan), taking into account social, demographic, and economic factors, geography, provider shortages, and other issues contributing to health inequities, as determined by the Secretary in consultation with relevant stakeholders, including organizations representing sickle cell disease patients, hematologists, and other specialists in sickle cell disease care and treatment. (C) Identifying best practices for improving health equity for individuals with sickle cell disease enrolled under the State plan (or waiver of such plan) which take into account the results of the assessment described in subparagraph (B), and communicating such best practices through the provision of education, training, and technical assistance to providers participating under the State plan (or waiver of such plan), including to care teams described in subparagraph (A). (D) Expanding expertise of providers participating under the State plan (or waiver of such plan) on care for sickle cell disease by disseminating clinical practice guidelines for sickle cell disease and providing education, training, and technical assistance with respect to such guidelines to such providers. (E) Ensuring that sickle cell disease patients enrolled under the State plan (or waiver of such plan) are getting primary and preventive services in an appropriate outpatient setting or through telehealth services, as appropriate, including by providing additional reimbursement for care coordinators, community health workers, and other non-traditional service providers. (F) Developing an individualized, comprehensive, patient-centered care plan for individuals with sickle cell disease that accommodates patient preferences in a culturally and linguistically appropriate manner. (G) Ensuring that sickle cell disease patients enrolled under the State plan (or waiver of such plan) are provided with coordination of, and access to, the following services, as determined to be clinically appropriate: (i) Treatments and medications, including chronic and exchange transfusions and disease-modifying medications. (ii) Appropriate diagnostic testing such as magnetic resonance imaging. (iii) Pain management treatment and palliative care. (iv) Services provided by subspecialists such as obstetricians and gynecologists, reproductive health specialists, urologists, ophthalmologists, neurologists, nephrologists, psychologists, orthopedists, cardiologists, and pulmonologists. (v) Supportive clinical services, including vision and dental care. (vi) Mental health services and substance use disorder treatment. (vii) Transportation to medical services and social support services and referrals to community-based organizations. (viii) Any other therapies approved by the Food and Drug Administration for the treatment of sickle cell disease or its complications. (ix) Any other services deemed appropriate for the treatment of sickle cell disease or its complications by the State. (H) Providing other services or taking other actions deemed necessary to improve treatment of sickle cell disease under the State plan (or waiver of such plan), as determined by the Secretary in coordination with relevant stakeholders, including organizations representing sickle cell disease patients, hematologists, and other specialists in sickle cell disease care and treatment. (3) Planning grants \n(A) In general \nThe Secretary shall award planning grants to at least 10 States selected in accordance with subparagraph (B) for purposes of preparing an application described in paragraph (4)(C) and carrying out the activities described in subparagraph (C). (B) Selection \nIn selecting States for purposes of this paragraph, the Secretary shall— (i) select States that have a State plan approved under this title; (ii) give priority to States that have participated in the sickle cell disease surveillance data collection program of the Centers for Disease Control and Prevention or precursors to such program; and (iii) select States in a manner to recognize States with a higher prevalence of sickle cell disease patients that could be reached through this demonstration project. (C) Activities described \nActivities described in this subparagraph are, with respect to a State, each of the following: (i) Activities that support an assessment of the treatment needs and gaps in care in the State for individuals with sickle cell disease in order to improve the network of providers that treat this population, including the following: (I) An estimate of the number of individuals enrolled under the State plan (or a waiver of such plan) who have sickle cell disease. (II) Information on the capacity of providers with the knowledge needed to treat sickle cell disease and the complications of sickle cell disease, including information on providers who provide such services and their participation under the State plan (or waiver of such plan). (III) Information on the gaps in care for treatment of individuals with sickle cell disease under the State plan (or waiver of such plan), including information based on the assessments described in subclauses (I) and (II). (ii) Activities that, taking into account the results of the assessment described in clause (i), support the development of State infrastructure to recruit prospective providers and provide training and technical assistance to providers with respect to treatment of sickle cell disease under the State plan (or a waiver of such plan). (D) Funding \nFor the purpose of making grants under this paragraph, there is appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $25,000,000, to remain available until expended. (4) Post-planning grant states \n(A) In general \nThe Secretary shall, with respect to the remaining 42-month period of the demonstration project conducted under paragraph (1), select up to 10, but not less than 5 States in accordance with subparagraph (B) for purposes of carrying out the activities described in paragraph (2) and receiving payments in accordance with paragraph (5). The Secretary may select all States that received a planning grant in paragraph (3). (B) Selection \nIn selecting States for purposes of this paragraph, the Secretary shall— (i) select States that received a planning grant under paragraph (3) and have successfully completed the activities described in subparagraph (C) of such paragraph; (ii) select States that submit to the Secretary an application in accordance with the requirements in subparagraph (C); and (iii) select States in a manner consistent with reaching as many sickle cell disease patients as possible through the demonstration project. (C) Applications \n(i) In general \nA State seeking to be selected for purposes of this paragraph shall submit to the Secretary, at such time and in such form and manner as the Secretary requires, an application that includes such information as the Secretary may require, in addition to the following: (I) A proposed process for carrying out the activities described in paragraph (2). (II) A review of reimbursement methodologies and other policies related to sickle cell disease treatment under the State plan (or waiver of such plan) that may create barriers to increasing the number of providers delivering such services. (III) The development of a plan, taking into account activities carried out under paragraph (3)(C)(ii), that will result in long-term and sustainable provider networks under the State plan (or waiver of such plan) for sickle cell disease. (IV) A proposed process for reporting the information required under paragraph (6)(A). (V) The expected financial impact of the demonstration project under this subsection on the State. (VI) A description of all funding sources available to the State to provide treatment for sickle cell disease under the State plan (or waiver of such plan) in the State. (VII) A preliminary plan for how the State will sustain any increase in the capacity of providers to deliver treatment for sickle cell disease and the complications of sickle cell disease resulting from the demonstration project under this subsection after the termination of such demonstration project. (VIII) A description of how the State will coordinate the goals of the demonstration project with any waiver granted (or submitted by the State and pending) pursuant to section 1115 for the delivery of services to treat sickle cell disease under the State plan, as applicable. (ii) Consultation \nIn completing an application under clause (i), a State shall consult with relevant stakeholders, including Medicaid managed care plans, hematologists and other sickle cell disease specialists, and Medicaid beneficiaries and sickle cell disease advocates, and include in such application a description of such consultation. (5) Payments \n(A) Enhanced FMAP for sickle cell disease treatment \nNotwithstanding section 1905(b), for each quarter occurring during the period for which the demonstration project is conducted (after the first 18 months of such period), the Federal medical assistance percentage for each State selected under paragraph (4) with respect to amounts expended by the State for medical assistance for medically necessary services to treat sickle cell disease shall be equal to 100 percent. (B) Case management services for sickle cell disease patients \n(i) In general \nDuring the period for which the demonstration project is conducted (after the first 18 months of such period), a State selected under paragraph (4) may provide a multi-disciplinary care team described in paragraph (2)(A) with payments for the provision of case management and care coordination services to an individual with sickle cell disease who is eligible under the State plan (or waiver of such plan). Payments made to such a team shall be treated as medical assistance for purposes of section 1903(a) except that the Federal medical assistance percentage applicable to such payments shall be equal to 100 percent. (ii) Methodology \nA State that elects to make case management and care coordination payments to a multi-disciplinary care team under this subparagraph shall specify in a State's application under paragraph (4) the methodology the State will use for determining payment for the provision of such services. Such methodology shall not be limited to a per-member-per-month basis and may provide (as proposed by the State and subject to approval by the Secretary) for alternate models of payment. (6) Reports \n(A) State reports \nA State receiving payments under paragraph (5) shall, for the period of the demonstration project under this subsection, submit to the Secretary a quarterly report, with respect to expenditures for treatment of sickle cell disease and complications of sickle cell disease for which payment is made to the State under this subsection, on the following: (i) The specific activities with respect to which payment under this subsection was provided. (ii) The number of individuals enrolled under the State plan (or a waiver of such plan) who received treatment for sickle cell disease or complications related to sickle cell disease under the demonstration project compared to the estimated number of such individuals who would have otherwise received such services in the absence of such demonstration project. (iii) The number of individuals enrolled under the State plan (or waiver of such plan) who received treatment for sickle cell disease or complications related to sickle cell disease under the demonstration project who utilized the services beyond clinical sickle cell disease services, including mental health, ancillary and support services and the impact on their health outcomes, including emergency department visits and inpatient hospital stays. (iv) The reductions in inpatient days, reductions in emergency department visits, and reductions in the total cost of care compared to these metrics before the demonstration project was implemented. (v) Other matters as determined by the Secretary. (B) CMS reports \n(i) Initial report \nNot later than 18 months after the date of enactment of this subsection, the Administrator of the Centers for Medicare & Medicaid Services, in consultation with the Administrator of the Health Resources and Services Administration, shall submit to Congress an initial report on— (I) the States awarded planning grants under paragraph (3); (II) the criteria used in such selection; and (III) the activities carried out by such States under such planning grants. (ii) Interim report \nNot later than 3 years after the date of enactment of this subsection, the Administrator of the Centers for Medicare & Medicaid Services shall, submit to Congress an interim report— (I) on activities carried out under the demonstration project under this subsection; (II) on the extent to which States selected under paragraph (4) have achieved the activities submitted in their applications under subparagraph (C) of such paragraph; (III) with a description of the strengths and limitations of such demonstration project; and (IV) with a plan for the sustainability of such project. (iii) Final report \nNot later than 1 year following the implementation of the demonstration project, the Secretary shall submit to Congress and make public a final report— (I) providing updates on the matters reported in the interim report under clause (ii); (II) including a description of any changes made with respect to the demonstration project under this subsection after the submission of such interim report; and (III) evaluating such demonstration project. (C) Report on experiences of States \nNot later than 3 years after the date of the enactment of this subsection, the Administrator of the Centers for Medicare & Medicaid Services, in consultation with the Director of the Agency for Healthcare Research and Quality, shall submit to Congress a summary on the experiences of States awarded planning grants under paragraph (3) and States selected under paragraph (4). (7) Data sharing and best practices \nDuring the period of the demonstration project under this subsection, the Secretary shall, in collaboration with States selected under paragraph (4), facilitate information sharing and the exchange of identified best practices between— (A) providers who treat sickle cell disease; and (B) States selected under paragraph (4) and States that were not so selected. (8) CMS funding \nThere is appropriated, out of any funds in the Treasury not otherwise appropriated, $50,000,000 to the Centers for Medicare & Medicaid Services for purposes of implementing this subsection, including completing the reports to Congress required under this Act. Such amount shall remain available until expended..", "id": "H9D04A5FDAE35404ABFE09BE84237A70E", "header": "Medicaid demonstration project to improve outpatient clinical care for individuals with sickle cell disease" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Future Logging Careers Act.", "id": "id9D6284A1EF0A429CAF10CAEE6F03411A", "header": "Short title" }, { "text": "2. Child labor law exemptions for logging operations \nThe Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) is amended— (1) in section 3 ( 29 U.S.C. 203 ), by adding at the end the following: (z) Logging operation — (1) means— (A) a mechanized operation; (B) the bucking or converting of timber into logs, poles, ties, bolts, pulpwood, chemical wood, excelsior wood, cordwood, fence posts, or similar products; (C) the collecting, skidding, yarding, loading, transporting, or unloading of such products in connection with the activities described in this paragraph; (D) the constructing, repairing, or maintaining of— (i) roads or camps used in connection with the activities described in this paragraph; or (ii) machinery or equipment used in the activities described in this paragraph; or (E) any other work performed in connection with the activities described in this paragraph; and (2) does not include the manual use of chainsaws to fell or process timber or the use of cable skidders to bring the timber to the landing. (aa) Mechanized operation — (1) means the felling, skidding, yarding, loading, or processing of timber by equipment other than manually operated chainsaws or cable skidders; and (2) includes the use of whole tree processors, cut-to-length processors, stroke boom delimbers, wheeled and track feller-bunchers, pull-through delimbers, wheeled and track forwarders, chippers, grinders, mechanical debarkers, wheeled and track grapple skidders, yarders, bulldozers, excavators, and log loaders. ; and (2) in section 13(c) ( 29 U.S.C. 213(c) ), by adding at the end the following: (8) The provisions of section 12 relating to child labor shall apply to an employee who is 16 or 17 years old employed in a logging operation in an occupation that the Secretary of Labor finds and declares to be particularly hazardous for the employment of children ages 16 or 17, except where such employee is employed by his parent or by a person standing in the place of his parent in a logging operation owned or operated by such parent or person..", "id": "H52122890264848B080568CC3866DC7EC", "header": "Child labor law exemptions for logging operations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Background Check Expansion Act.", "id": "idD2A2CA8FB05947F3862F80E69F29A675", "header": "Short title" }, { "text": "2. Firearms transfers \n(a) In general \nSection 922 of title 18, United States Code, is amended by adding at the end the following: (aa) (1) (A) It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t). (B) Upon taking possession of a firearm under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee. (C) If a transfer of a firearm described in subparagraph (A) will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter. (2) Paragraph (1) shall not apply to— (A) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the Armed Forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties; (B) a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, including step-parents and their step-children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren; (C) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person; (D) a temporary transfer that is necessary to prevent imminent death or great bodily harm, including harm to self, family, household members, or others, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm, including the harm of domestic violence, dating partner violence, sexual assault, stalking, and domestic abuse; (E) a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or (F) a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee's possession of the firearm is exclusively— (i) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; (ii) while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor— (I) has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and (II) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or (iii) while in the presence of the transferor. (3) It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of, or title to, a firearm to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under paragraph (1), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General.. (b) Amendment to section 924( a ) \nSection 924(a)(5) of title 18, United States Code, is amended by striking (s) or (t) and inserting (s), (t), or (aa). (c) Rules of interpretation \nNothing in this Act, or any amendment made by this Act, shall be construed to— (1) authorize the establishment, directly or indirectly, of a national firearms registry; or (2) interfere with the authority of a State, under section 927 of title 18, United States Code, to enact a law on the same subject matter as this Act. (d) Effective date \nThe amendments made by subsections (a) and (b) shall take effect 180 days after the date of enactment of this Act.", "id": "id86C189B434E84F1EA5BEC5F2149A33E4", "header": "Firearms transfers" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Portable Benefits for Independent Workers Pilot Program Act.", "id": "S1", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Many independent workers, constituting a growing percentage of the workforce in the United States, do not have access to benefits and protections typically provided through traditional full-time employment. (2) These independent workers are independent contractors, temporary workers, or self-employed, or work pursuant to other contingent or alternative work arrangements. (3) According to a 2015 study by the Comptroller General of the United States, the size of the contingent workforce grew from 35 percent of employed workers in 2006 to 40 percent of employed workers in 2010. (4) According to a 2016 study by economists Lawrence Katz and Alan Krueger, 94 percent of net employment growth in the United States economy from 2005 to 2015 occurred in alternative work arrangements. (5) As the population of independent workers grows, it is increasingly important that workers are provided portable benefits.", "id": "idAD2C084D0EDF46D3924C64969F0A5AA2", "header": "Findings" }, { "text": "3. Definitions \nIn this Act: (1) Eligible organization \nThe term eligible organization means any State or local government or any nonprofit organization. (2) Eligible work \nThe term eligible work means any work performed that is not in connection with traditional full-time employment. (3) Eligible worker \nThe term eligible worker means any worker who is not a traditional full-time employee of the entity hiring the worker for the eligible work, including any independent contractor, contract worker, self-employed individual, freelance worker, temporary worker, or contingent worker. (4) Portable benefits \nThe term portable benefits — (A) means work-related benefits that are provided to eligible workers for eligible work in a manner that allows the worker to maintain the benefits upon changing jobs; and (B) includes— (i) contributions on behalf of the eligible worker made by an entity (including multiple entities, if applicable) in connection with eligible work performed by the worker for the entity, including entities that facilitate the sale of such work; (ii) contributions made by the eligible worker; or (iii) a combination of the contributions described in clauses (i) and (ii). (5) Secretary \nThe term Secretary means the Secretary of Labor. (6) Work-related benefits \nThe term work-related benefits means benefits, including protections, of a type that are commonly provided to traditional full-time employees, such as workers’ compensation, skills training, disability coverage, health insurance coverage, retirement saving, income security, and short-term saving.", "id": "id90C27DAC192C48B69F10A8FBE0C5CC3D", "header": "Definitions" }, { "text": "4. Establishment of portable benefits pilot program \n(a) In general \nThe Secretary, in consultation with the head of any other relevant Federal agency, shall award grants for fiscal year 2023, on a competitive basis, to eligible organizations to support broad innovation and experimentation with respect to portable benefits. (b) Uses of funds \n(1) Types of grants \nThe grants awarded under subsection (a) shall be grants for— (A) the evaluation, or improvement to the design or implementation, of existing models or approaches for providing portable benefits; or (B) the design, implementation, and evaluation of new models or approaches for providing such benefits. (2) Requirement regarding retirement-related benefits \nAn eligible organization that receives a grant under subsection (a) may not use the grant to fund a model or approach described in paragraph (1) that provides only retirement-related benefits. (c) Potential for national applicability \nIn awarding grants under subsection (a), the Secretary shall consider the potential of the model or approach described in subsection (b)(1) to be replicated on a large scale or at the national level. (d) Applications \nEach eligible organization that desires to receive a grant under subsection (a) shall submit an application to the Secretary, at such time, in such manner, and accompanied by such information as the Secretary may require.", "id": "id8F4CEAEC53114A6181B9FA9682233079", "header": "Establishment of portable benefits pilot program" }, { "text": "5. Report to Congress \nNot later than September 30, 2025, the Comptroller General of the United States shall evaluate the outcome of the grants awarded under section 4(a) and provide a report on such evaluation to Congress. Such report shall include an assessment of the impact of such grants on the compensation of workers receiving portable benefits under section 4.", "id": "id1897C8EA1BD140C2BDE10CAA66A726E7", "header": "Report to Congress" }, { "text": "6. Authorization of appropriations \n(a) In general \nThere is authorized to be appropriated for fiscal year 2023— (1) $5,000,000 to carry out the grants described in section 4(b)(1)(A); and (2) $15,000,000 to carry out the grants described in section 4(b)(1)(B). (b) Availability \nAmounts appropriated under subsection (a) shall remain available until expended.", "id": "id67189315B2A74789AA0985C8B97356FE", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Lifting Local Communities Act.", "id": "S1", "header": "Short title" }, { "text": "2. Purposes \nThe purposes of this Act are the following: (1) To enable assistance to be provided to individuals and families in need in the most effective manner. (2) To prohibit discrimination against religious organizations in receipt and administration of Federal financial assistance, including the provision of that assistance through federally funded social service programs. (3) To ensure that religious organizations can apply and compete for Federal financial assistance on a level playing field with nonreligious organizations. (4) To provide certainty for religious organizations that receipt of Federal financial assistance will not obstruct or hinder their ability to organize and operate in accordance with their sincerely held religious beliefs. (5) To strengthen the social service capacity of the United States by facilitating the entry of new, and the expansion of existing, efforts by religious organizations in the administration and provision of Federal financial assistance. (6) To protect the religious freedom of, and better serve, individuals and families in need, including by expanding their ability to choose to receive federally funded social services from religious organizations.", "id": "id4D1131B995734B2B9414230FDB7B8F7B", "header": "Purposes" }, { "text": "3. Provision of services for government programs by religious organizations \nTitle XXIV of the Revised Statutes is amended by inserting after section 1990 ( 42 U.S.C. 1994 ) the following: 1990A. Ensuring equal treatment for religious organizations in Federal provision of social services, grantmaking, and contracting \n(a) In general \nFor any social services program carried out by the Federal Government, or by a State, local government, or pass-through entity with Federal funds, the entity that awards Federal financial assistance shall consider religious organizations, on the same basis as any other private organization, to provide services for the program. (b) Equal treatment for religious organizations in Federal financial assistance \n(1) In general \nA religious organization shall be eligible to apply for and to receive Federal financial assistance to provide services for a social services program on the same basis as a private nonreligious organization. (2) Selection \nIn the selection of recipients for Federal financial assistance for a social services program neither the Federal Government nor a State, local government, or pass-through entity receiving funds for such program may discriminate for or against a private organization on the basis of religion, including the organization's religious character, affiliation, or exercise. (3) Prohibition against improper burden on religious organizations \n(A) In General \nExcept in the case of another applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization’s religious exercise, the provisions of subparagraphs (B) through (E) shall apply for any social services program administered by the Federal Government or by a State, local government, or pass-through entity. (B) Equal treatment on assurances and notices \nNo document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall require religious organizations to provide assurances or notices that are not required of private nonreligious organizations. (C) Equal application of restrictions \nAny restrictions on the use of funds received as Federal financial assistance shall apply equally to religious and private nonreligious organizations. (D) Program requirements \nAll organizations that receive Federal financial assistance for a social services program, including religious organizations, shall carry out eligible activities in accordance with all program requirements, and other applicable requirements governing the conduct of activities funded by the entity that awards Federal financial assistance. (E) No disqualification based on religion \nNo document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall— (i) disqualify religious organizations from applying for or receiving Federal financial assistance for a social services program on the basis of the organization’s religious character or affiliation, or grounds that discriminate against the organization on the basis of the organization’s religious exercise; or (ii) prohibit the provision of religious activities or services at the same time or location as any program receiving such Federal financial assistance. (c) Religious character and freedom \n(1) Freedom \nA religious organization that applies for or receives Federal financial assistance for a social services program shall retain its independence from Federal, State, and local governments, including its autonomy, right of expression, religious character or affiliation, authority over its internal governance, and other aspects of independence. (2) Religious character \nA religious organization that applies for or receives Federal financial assistance for a social services program may, among other things— (A) retain religious terms in the organization's name; (B) continue to carry out the organization's mission, including the definition, development, practice, and expression of its religious beliefs; (C) use the organization's facilities to provide a program without concealing, removing, or altering religious art, icons, scriptures, or other symbols from the facilities; (D) select, promote, or dismiss the members of the organization’s governing body and the organization’s employees on the basis of their acceptance of or adherence to the religious tenets of the organization; and (E) include religious references in the organization's mission statement and other chartering or governing documents. (d) Rights of covered beneficiaries of services \n(1) In general \nExcept as otherwise provided in any applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization’s religious exercise, an organization that receives Federal financial assistance under a social services program shall not discriminate against a covered beneficiary in the provision of a federally funded program on the basis of religion, a religious belief, or a refusal to hold a religious belief. (2) Special rule \nIt shall not be considered discrimination under paragraph (1) for a program funded by Federal financial assistance to refuse to modify any components of the program to accommodate a covered beneficiary who participates in the organization’s program. (3) Alternative services \nIf a covered beneficiary has an objection to the character or affiliation of the private organization from which the beneficiary receives, or would receive, services as part of the federally funded social services program, the appropriate Federal, State, or local governmental entity shall provide to such beneficiary (if otherwise eligible for such services) within a reasonable period of time after the date of such objection, a referral for alternative services that— (A) are reasonably accessible to the covered beneficiary; and (B) have a substantially similar value to the services that the covered beneficiary would initially have received from such organization. (4) Definition \nIn this subsection, the term covered beneficiary means an individual who applies for or receives services under a social services program. (e) Religious exemptions \nA religious organization’s exemptions, in title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) (including exemption from prohibitions in employment discrimination in section 702(a) of that Act ( 42 U.S.C. 2000e–1(a) )), title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), the Religious Freedom Restoration Act ( 42 U.S.C. 2000bb et seq. ), the Religious Land Use and Institutionalized Persons Act of 2000 ( 42 U.S.C. 2000cc et seq. ), or any other provision in law providing an exemption for a religious organization, shall not be waived because of the religious organization's participation in, or receipt of funds from, a social services program funded with Federal financial assistance. (f) Limited audit \n(1) In General \nA religious organization providing services for a social services program using Federal financial assistance may segregate Federal funds and any required matching funds provided for such program into a separate account or accounts. Only the separate accounts consisting of Federal funds and any required matching funds shall be subject to audit by the Federal Government with respect to an audit undertaken for the purposes of oversight of Federal financial assistance. (2) Commingling of funds \nIf a religious organization providing services for a social services program using Federal financial assistance contributes the organization's own funds in addition to those funds required by a matching requirement or agreement to supplement Federal funds, the organization may segregate the organization's own funds that are not matching funds into separate accounts, or commingle the organization's own funds that are not matching funds with the matching funds. If those funds are commingled, the commingled funds may all be subject to audit by the Federal Government. (g) Private right of action \nAny religious organization that alleges a violation of its rights under this section and seeks to enforce its rights under this section— (1) may bring an action in a court of competent jurisdiction and assert that violation as a claim, or assert that violation as a defense in a judicial action; and (2) may obtain appropriate relief, including attorney’s fees, against an entity or agency that committed such violation. (h) Federal preemption of State and local laws \nWith respect to any Federal financial assistance provided to a religious organization for the provision of a social service program, or such assistance commingled with State or local funds, no State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, or requirement covered by the provisions of this section, or a rule, regulation, or requirement promulgated under this section. (i) Construction \nThe provisions of this section shall supersede all Federal law (including statutory and other law, and policies used in the implementation of that law) that is enacted or issued before the date of enactment of this section. No provision of law enacted after the date of the enactment of this section may be construed as limiting, superseding, or otherwise affecting this section, except to the extent that it does so by specific reference to this section. (j) Severability \nIf any provision of this section or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this section and the application of the provisions of such to any person or circumstance shall not be affected thereby. (k) Definitions \nIn this section: (1) Discriminate on the basis of an organization’s religious exercise \n(A) In general \nThe term discriminate , used with respect to an organization’s religious exercise, means, on the basis of covered conduct or motivation, to disfavor an organization in a selection process or in oversight, including— (i) by failing to select an organization; (ii) by disqualifying an organization; or (iii) by imposing any condition or selection criterion that penalizes or otherwise disfavors an organization, or has the effect of so penalizing or disfavoring an organization. (B) Covered conduct or motivation \nIn this paragraph, the term covered conduct or motivation means— (i) conduct that would not be considered grounds to disfavor a nonreligious organization; (ii) conduct for which an organization must or could be granted an exemption or accommodation in a manner consistent with the Free Exercise Clause of the First Amendment to the Constitution, the Religious Freedom Restoration Act ( 42 U.S.C. 2000bb et seq. ), or any other provision referenced in subsection (e); or (iii) the actual or suspected religious motivation for the organization’s religious exercise. (2) Other definitions \n(A) Federal financial assistance \nThe term Federal financial assistance means financial assistance from the Federal Government that non-Federal entities receive or administer through grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, tax deduction, or guaranty contract. (B) Pass-through entity \nThe term pass-through entity means an entity, including a nonprofit or nongovernmental organization, acting under a grant, contract, or other agreement with the Federal Government or with a State or local government, such as a State administering agency, that accepts direct Federal financial assistance as a primary recipient (such as a grant recipient) and distributes that assistance to other organizations that, in turn, provide government-funded social services through a social services program. (C) Program \nThe term program includes the services provided through that program. (D) Religious exercise \nThe term religious exercise has the meaning given the term in section 8 of the Religious Land Use and Institutionalized Persons Act of 2000 ( 42 U.S.C. 2000cc–5 ). (E) Services \nThe term services , used with respect to a social services program, includes the provision of goods, or of financial assistance, under the social services program. (F) Social services program \nThe term social services program — (i) means a program that is administered by the Federal Government, or by a State or local government using Federal financial assistance, and that provides services directed at reducing poverty, improving opportunities for low-income children, revitalizing low-income communities, empowering low-income families and low-income individuals to become self-sufficient, or otherwise helping people in need; and (ii) includes a program that provides, to people in need— (I) child care services, protective services for children and adults, services for children and adults in foster care, adoption services, services related to management and maintenance of the home, day care services for adults, and services to meet the special needs of children, older individuals, and individuals with disabilities; (II) transportation services; (III) job training and related services, and employment services; (IV) information, referral, and counseling services; (V) the preparation and delivery of meals, nutrition services, and services related to soup kitchens or food banks; (VI) health support services; (VII) literacy and mentoring services; (VIII) services for the prevention and treatment of juvenile delinquency and substance abuse, services for the prevention of crime and the provision of assistance to the victims and families of criminal offenders, and services related to intervention in, and prevention of, domestic violence; or (IX) services related to the provision of assistance for housing under Federal law..", "id": "id555B11CEB7764BE4B766E0B1CC9D6CD7", "header": "Provision of services for government programs by religious organizations" }, { "text": "1990A. Ensuring equal treatment for religious organizations in Federal provision of social services, grantmaking, and contracting \n(a) In general \nFor any social services program carried out by the Federal Government, or by a State, local government, or pass-through entity with Federal funds, the entity that awards Federal financial assistance shall consider religious organizations, on the same basis as any other private organization, to provide services for the program. (b) Equal treatment for religious organizations in Federal financial assistance \n(1) In general \nA religious organization shall be eligible to apply for and to receive Federal financial assistance to provide services for a social services program on the same basis as a private nonreligious organization. (2) Selection \nIn the selection of recipients for Federal financial assistance for a social services program neither the Federal Government nor a State, local government, or pass-through entity receiving funds for such program may discriminate for or against a private organization on the basis of religion, including the organization's religious character, affiliation, or exercise. (3) Prohibition against improper burden on religious organizations \n(A) In General \nExcept in the case of another applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization’s religious exercise, the provisions of subparagraphs (B) through (E) shall apply for any social services program administered by the Federal Government or by a State, local government, or pass-through entity. (B) Equal treatment on assurances and notices \nNo document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall require religious organizations to provide assurances or notices that are not required of private nonreligious organizations. (C) Equal application of restrictions \nAny restrictions on the use of funds received as Federal financial assistance shall apply equally to religious and private nonreligious organizations. (D) Program requirements \nAll organizations that receive Federal financial assistance for a social services program, including religious organizations, shall carry out eligible activities in accordance with all program requirements, and other applicable requirements governing the conduct of activities funded by the entity that awards Federal financial assistance. (E) No disqualification based on religion \nNo document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall— (i) disqualify religious organizations from applying for or receiving Federal financial assistance for a social services program on the basis of the organization’s religious character or affiliation, or grounds that discriminate against the organization on the basis of the organization’s religious exercise; or (ii) prohibit the provision of religious activities or services at the same time or location as any program receiving such Federal financial assistance. (c) Religious character and freedom \n(1) Freedom \nA religious organization that applies for or receives Federal financial assistance for a social services program shall retain its independence from Federal, State, and local governments, including its autonomy, right of expression, religious character or affiliation, authority over its internal governance, and other aspects of independence. (2) Religious character \nA religious organization that applies for or receives Federal financial assistance for a social services program may, among other things— (A) retain religious terms in the organization's name; (B) continue to carry out the organization's mission, including the definition, development, practice, and expression of its religious beliefs; (C) use the organization's facilities to provide a program without concealing, removing, or altering religious art, icons, scriptures, or other symbols from the facilities; (D) select, promote, or dismiss the members of the organization’s governing body and the organization’s employees on the basis of their acceptance of or adherence to the religious tenets of the organization; and (E) include religious references in the organization's mission statement and other chartering or governing documents. (d) Rights of covered beneficiaries of services \n(1) In general \nExcept as otherwise provided in any applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization’s religious exercise, an organization that receives Federal financial assistance under a social services program shall not discriminate against a covered beneficiary in the provision of a federally funded program on the basis of religion, a religious belief, or a refusal to hold a religious belief. (2) Special rule \nIt shall not be considered discrimination under paragraph (1) for a program funded by Federal financial assistance to refuse to modify any components of the program to accommodate a covered beneficiary who participates in the organization’s program. (3) Alternative services \nIf a covered beneficiary has an objection to the character or affiliation of the private organization from which the beneficiary receives, or would receive, services as part of the federally funded social services program, the appropriate Federal, State, or local governmental entity shall provide to such beneficiary (if otherwise eligible for such services) within a reasonable period of time after the date of such objection, a referral for alternative services that— (A) are reasonably accessible to the covered beneficiary; and (B) have a substantially similar value to the services that the covered beneficiary would initially have received from such organization. (4) Definition \nIn this subsection, the term covered beneficiary means an individual who applies for or receives services under a social services program. (e) Religious exemptions \nA religious organization’s exemptions, in title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) (including exemption from prohibitions in employment discrimination in section 702(a) of that Act ( 42 U.S.C. 2000e–1(a) )), title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), the Religious Freedom Restoration Act ( 42 U.S.C. 2000bb et seq. ), the Religious Land Use and Institutionalized Persons Act of 2000 ( 42 U.S.C. 2000cc et seq. ), or any other provision in law providing an exemption for a religious organization, shall not be waived because of the religious organization's participation in, or receipt of funds from, a social services program funded with Federal financial assistance. (f) Limited audit \n(1) In General \nA religious organization providing services for a social services program using Federal financial assistance may segregate Federal funds and any required matching funds provided for such program into a separate account or accounts. Only the separate accounts consisting of Federal funds and any required matching funds shall be subject to audit by the Federal Government with respect to an audit undertaken for the purposes of oversight of Federal financial assistance. (2) Commingling of funds \nIf a religious organization providing services for a social services program using Federal financial assistance contributes the organization's own funds in addition to those funds required by a matching requirement or agreement to supplement Federal funds, the organization may segregate the organization's own funds that are not matching funds into separate accounts, or commingle the organization's own funds that are not matching funds with the matching funds. If those funds are commingled, the commingled funds may all be subject to audit by the Federal Government. (g) Private right of action \nAny religious organization that alleges a violation of its rights under this section and seeks to enforce its rights under this section— (1) may bring an action in a court of competent jurisdiction and assert that violation as a claim, or assert that violation as a defense in a judicial action; and (2) may obtain appropriate relief, including attorney’s fees, against an entity or agency that committed such violation. (h) Federal preemption of State and local laws \nWith respect to any Federal financial assistance provided to a religious organization for the provision of a social service program, or such assistance commingled with State or local funds, no State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, or requirement covered by the provisions of this section, or a rule, regulation, or requirement promulgated under this section. (i) Construction \nThe provisions of this section shall supersede all Federal law (including statutory and other law, and policies used in the implementation of that law) that is enacted or issued before the date of enactment of this section. No provision of law enacted after the date of the enactment of this section may be construed as limiting, superseding, or otherwise affecting this section, except to the extent that it does so by specific reference to this section. (j) Severability \nIf any provision of this section or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this section and the application of the provisions of such to any person or circumstance shall not be affected thereby. (k) Definitions \nIn this section: (1) Discriminate on the basis of an organization’s religious exercise \n(A) In general \nThe term discriminate , used with respect to an organization’s religious exercise, means, on the basis of covered conduct or motivation, to disfavor an organization in a selection process or in oversight, including— (i) by failing to select an organization; (ii) by disqualifying an organization; or (iii) by imposing any condition or selection criterion that penalizes or otherwise disfavors an organization, or has the effect of so penalizing or disfavoring an organization. (B) Covered conduct or motivation \nIn this paragraph, the term covered conduct or motivation means— (i) conduct that would not be considered grounds to disfavor a nonreligious organization; (ii) conduct for which an organization must or could be granted an exemption or accommodation in a manner consistent with the Free Exercise Clause of the First Amendment to the Constitution, the Religious Freedom Restoration Act ( 42 U.S.C. 2000bb et seq. ), or any other provision referenced in subsection (e); or (iii) the actual or suspected religious motivation for the organization’s religious exercise. (2) Other definitions \n(A) Federal financial assistance \nThe term Federal financial assistance means financial assistance from the Federal Government that non-Federal entities receive or administer through grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, tax deduction, or guaranty contract. (B) Pass-through entity \nThe term pass-through entity means an entity, including a nonprofit or nongovernmental organization, acting under a grant, contract, or other agreement with the Federal Government or with a State or local government, such as a State administering agency, that accepts direct Federal financial assistance as a primary recipient (such as a grant recipient) and distributes that assistance to other organizations that, in turn, provide government-funded social services through a social services program. (C) Program \nThe term program includes the services provided through that program. (D) Religious exercise \nThe term religious exercise has the meaning given the term in section 8 of the Religious Land Use and Institutionalized Persons Act of 2000 ( 42 U.S.C. 2000cc–5 ). (E) Services \nThe term services , used with respect to a social services program, includes the provision of goods, or of financial assistance, under the social services program. (F) Social services program \nThe term social services program — (i) means a program that is administered by the Federal Government, or by a State or local government using Federal financial assistance, and that provides services directed at reducing poverty, improving opportunities for low-income children, revitalizing low-income communities, empowering low-income families and low-income individuals to become self-sufficient, or otherwise helping people in need; and (ii) includes a program that provides, to people in need— (I) child care services, protective services for children and adults, services for children and adults in foster care, adoption services, services related to management and maintenance of the home, day care services for adults, and services to meet the special needs of children, older individuals, and individuals with disabilities; (II) transportation services; (III) job training and related services, and employment services; (IV) information, referral, and counseling services; (V) the preparation and delivery of meals, nutrition services, and services related to soup kitchens or food banks; (VI) health support services; (VII) literacy and mentoring services; (VIII) services for the prevention and treatment of juvenile delinquency and substance abuse, services for the prevention of crime and the provision of assistance to the victims and families of criminal offenders, and services related to intervention in, and prevention of, domestic violence; or (IX) services related to the provision of assistance for housing under Federal law.", "id": "idA258BCB29F8B483AA2A20632BCCBFCF8", "header": "Ensuring equal treatment for religious organizations in Federal provision of social services, grantmaking, and contracting" } ]

[ { "text": "1. Prohibition on Federal benefits for human traffickers and drug traffickers \n(a) Definitions \nIn this section— (1) the term covered trafficking offense means a human trafficking offense or a drug trafficking offense for which any portion of the course of conduct constituting the human trafficking offense or drug trafficking offense occurred at an international border of the United States or within the territorial waters of the United States; (2) the term drug trafficking offense means any Federal offense that includes as an element of the offense the distribution of a controlled substance (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )); (3) the term Federal benefit — (A) means the issuance of any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States; and (B) includes any retirement, welfare, Social Security, health, disability, veterans, public housing, or other similar benefit; and (4) the term human trafficking offense means an offense under— (A) section 1581, 1583, 1584, 1589, 1590, 1591, 2251A, 2421, 2422, or 2423 of title 18, United States Code; or (B) section 274(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a) ). (b) Prohibition on benefits \nAn individual who is indicted for, charged in an information with, or convicted of a covered trafficking offense shall be ineligible for any Federal benefit. (c) Termination of prohibition for individuals not convicted \nIf, for each covered trafficking offense with which an individual is charged, the charge is dismissed or the individual is found not guilty of the covered trafficking offense— (1) the ineligibility of the individual for any Federal benefit under subsection (b) shall terminate; and (2) the Federal Government shall pay to the individual any pecuniary Federal benefit that was not paid to the individual because the individual was ineligible for the Federal benefit under subsection (b).", "id": "id03E859E29F4A49F1AF48710ADDD07CA9", "header": "Prohibition on Federal benefits for human traffickers and drug traffickers" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Uyghur Human Rights Sanctions Review Act.", "id": "S1", "header": "Short title" }, { "text": "2. Determination of whether certain Chinese entities meet criteria for imposition of sanctions \n(a) In general \nNot later than 60 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, shall— (1) determine whether any entity specified in subsection (b)— (A) is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuses against Uyghurs or other predominantly Muslim ethnic groups in the Xinjiang Uyghur Autonomous Region of the People's Republic of China; or (B) meets the criteria for the imposition of sanctions under— (i) the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10101 et seq. ); (ii) section 6 of the Uyghur Human Rights Policy Act of 2020 ( Public Law 116–145 ; 22 U.S.C. 6901 note); (iii) section 105, 105A, 105B, or 105C of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8514 , 8514a, 8514b, and 8514c); (iv) Executive Order 13818 ( 50 U.S.C. 1701 note; relating to blocking the property of persons involved in serious human rights abuse or corruption), as amended on or after the date of the enactment of this Act; or (v) Executive Order 13553 ( 50 U.S.C. 1701 note; relating to blocking property of certain persons with respect to serious human rights abuses by the Government of Iran and taking certain other actions), as amended on or after the date of the enactment of this Act; (2) if the Secretary of the Treasury determines under paragraph (1) that an entity is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuses described in subparagraph (A) of that paragraph or meets the criteria for the imposition of sanctions described in subparagraph (B) of that paragraph, the Secretary shall include the entity on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control; and (3) submit to Congress a report on that determination that includes the reasons for the determination. (b) Entities specified \nAn entity specified in this subsection is any of the following: (1) Hangzhou Hikvision Digital Technology Co., Ltd. (2) Shenzhen Huada Gene Technology Co., Ltd. (BGI Group). (3) Tiandy Technologies Co., Ltd. (4) Zhejiang Dahua Technology Co., Ltd. (5) China Electronics Technology Group Co. (6) Zhejiang Uniview Technologies Co., Ltd. (7) Alibaba Group Holding, Ltd. (8) Baidu, Inc. (9) ByteDance Ltd. (10) China TransInfo Technology Co., Ltd. (c) Form of report \nThe report required by subsection (a)(3) shall be submitted in unclassified form, but may include a classified annex.", "id": "id86AC4314D86A4F54ADE0C483DA14668B", "header": "Determination of whether certain Chinese entities meet criteria for imposition of sanctions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Banning Operations and Leases with the Illegitimate Venezuelan Authoritarian Regime Act or the BOLIVAR Act.", "id": "id1027cb9e-81de-46c4-92ed-40b1f89bee80", "header": "Short title" }, { "text": "2. Prohibition on contracting with persons that have business operations with the Maduro regime \n(a) Prohibition \nExcept as provided in subsections (b), (c), and (d), the head of an executive agency may not enter into a contract for the procurement of goods or services with any person that the head of an executive agency determines, with the concurrence of the Secretary of State, knowingly engages in significant business operations with an authority of the Government of Venezuela that is not recognized as the legitimate Government of Venezuela by the United States. (b) Exceptions \n(1) In general \nThe prohibition under subsection (a) does not apply to a contract that the Secretary of State determines— (A) is necessary— (i) for purposes of providing humanitarian assistance to the people of Venezuela; (ii) for purposes of providing disaster relief and other urgent life-saving measures; or (iii) to carry out noncombatant evacuations; or (B) is in the national security interests of the United States. (2) Support for United States Government activities \nThe prohibition in subsection (a) shall not apply to contracts that support United States Government activities in Venezuela, including those necessary for the maintenance of United States Government facilities in Venezuela, or to contracts with international organizations. (3) Notification requirement \nThe Secretary of State shall notify the appropriate congressional committees of any contract entered into on the basis of an exception provided for under paragraph (1). (c) Office of foreign assets control licenses \nThe prohibition in subsection (a) does not apply to a person that has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control. (d) American diplomatic mission in Venezuela \nThe prohibition in subsection (a) does not apply to contracts related to the operation and maintenance of the United States Government’s consular offices and diplomatic posts in Venezuela. (e) Waiver \nThe Secretary of State may waive the requirements of subsection (a) if the Secretary of State determines that to do so is in the national interest of the United States. (f) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate and the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives. (2) Business operations \nThe term business operations means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. (3) Executive agency \nThe term executive agency has the meaning given the term in section 133 of title 41, United States Code. (4) Government of Venezuela \n(A) The term Government of Venezuela includes the government of any political subdivision of Venezuela, and any agency or instrumentality of the Government of Venezuela. (B) For purposes of subparagraph (A), the term agency or instrumentality of the Government of Venezuela means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to a foreign state deemed to be a reference to Venezuela. (5) Person \nThe term person means— (A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; (B) any governmental entity or instrumentality of a government; and (C) any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A) or (B). (g) Term of applicability \nThis section shall apply with respect to any contract entered into during the three-year period beginning on the date of the enactment of this Act.", "id": "id04309f70-19d2-49b3-9d62-9cc0bb1fcea4", "header": "Prohibition on contracting with persons that have business operations with the Maduro regime" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Improving Health Insurance Affordability Act of 2023.", "id": "id6D6F2360A412447C97C46C195F8BFAB5", "header": "Short title" }, { "text": "2. Increase in eligibility for credit \n(a) In general \nSubparagraph (A) of section 36B(c)(1) of the Internal Revenue Code of 1986 is amended by striking but does not exceed 400 percent. (b) Applicable percentages \n(1) In general \nSubparagraph (A) of section 36B(b)(3) of the Internal Revenue Code of 1986 is amended to read as follows: (A) Applicable percentage \nThe applicable percentage for any taxable year shall be the percentage such that the applicable percentage for any taxpayer whose household income is within an income tier specified in the following table shall increase, on a sliding scale in a linear manner, from the initial premium percentage to the final premium percentage specified in such table for such income tier: In the case of household income (expressed as a percent of poverty line) within the following income tier: The initial premium percentage is— The final premium percentage is— Up to 150 percent 0 0 150 percent up to 200 percent 0 2.0 200 percent up to 250 percent 2.0 4.0 250 percent up to 300 percent 4.0 6.0 300 percent up to 400 percent 6.0 8.5 400 percent and up 8.5 8.5.. (2) Conforming amendments relating to affordability of coverage \n(A) Subparagraph (C) of section 36B(c)(2) of such Code is amended by striking clause (iv). (B) Paragraph (4) of section 36B(c) of such Code is amended by striking subparagraph (F). (c) Limitation on recapture \nClause (i) of section 36B(f)(2)(B) of the Internal Revenue Code of 1986 is amended— (1) by striking 400 percent and inserting 800 percent ; (2) by striking the period at the end of the last row of the table; and (3) by adding at the end of the table the following new rows: At least 400 percent but less than 600 percent $3,500 At least 600 percent but less than 800 percent $4,500.. (d) Premium cost standard \n(1) In general \nThe following provisions of section 36B of the Internal Revenue Code of 1986 are each amended by striking silver each place it appears and inserting gold : (A) Paragraphs (2)(B)(i), (3)(B), and (3)(C) of subsection (b). (B) The heading of subparagraph (B) of subsection (b)(3). (C) Subsection (c)(4)(C)(i)(I). (2) Conforming amendments to reduced cost-sharing \nSection 1402(b)(1) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071(b)(1) ) is amended by striking silver and inserting gold. (e) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2023.", "id": "id3EFD33B1174F4FBDAEACD52A3760A2F4", "header": "Increase in eligibility for credit" }, { "text": "3. Enhancements for reduced cost-sharing \n(a) Modification of amount \n(1) In general \nSection 1402(c)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071(c)(2) ) is amended— (A) by striking 150 percent in subparagraph (A) and inserting 200 percent , (B) by striking 94 percent in subparagraph (A) and inserting 95 percent , (C) by striking 150 percent but not more than 200 percent in subparagraph (B) and inserting 200 percent but not more than 300 percent , (D) by striking 87 percent in subparagraph (B) and inserting 90 percent , (E) by striking 200 percent in subparagraph (C) and inserting 300 percent , (F) by striking 250 percent in subparagraph (C) and inserting 400 percent , and (G) by striking 73 percent in subparagraph (C) and inserting 85 percent. (2) Conforming amendment \nClause (i) of section 1402(c)(1)(B) of such Act ( 42 U.S.C. 18071(c)(1)(B) ) is amended to read as follows: (i) In general \nThe Secretary shall ensure the reduction under this paragraph shall not result in an increase in the plan’s share of the total allowed costs of benefits provided under the plan above— (I) 95 percent in the case of an eligible insured described in paragraph (2)(A); (II) 90 percent in the case of an eligible insured described in paragraph (2)(B); and (III) 85 percent in the case of an eligible insured described in paragraph (2)(C).. (3) Effective date \nThe amendments made by this subsection shall apply to plan years beginning after December 31, 2023. (b) Funding \nSection 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ) is amended by adding at the end the following new subsection: (g) Funding \nOut of any funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary such sums as may be necessary for payments under this section..", "id": "idC9E5EABF6FF04C6896A6E77D0A49B793", "header": "Enhancements for reduced cost-sharing" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Dignity for Detained Immigrants Act of 2023.", "id": "HF1E209DC151D49FCB50B011897EBB491", "header": "Short title" }, { "text": "2. Sense of Congress \nIt is the sense of Congress that detention, even for a short period of time, inflicts severe, irreparable harm on children and should be avoided.", "id": "H4EDEC89874B447D38581B067799DC7EB", "header": "Sense of Congress" }, { "text": "3. Definitions \nIn this Act: (1) Appropriate committees of congress \nThe term appropriate committees of Congress means— (A) the Committee on the Judiciary of the Senate ; (B) the Committee on Homeland Security and Governmental Affairs of the Senate ; (C) the Committee on the Judiciary of the House of Representatives ; and (D) the Committee on Homeland Security of the House of Representatives. (2) Department \nThe term Department means the Department of Homeland Security. (3) Secretary \nThe term Secretary means the Secretary of Homeland Security.", "id": "id4079FE67A3A248BF90FA9FC3C84CEA86", "header": "Definitions" }, { "text": "4. Standards for Department of Homeland Security detention facilities \n(a) Rulemaking \nNot later than 1 year after the date of the enactment of this Act, the Secretary shall, by regulation, establish detention standards for each facility at which aliens in the custody of the Department are detained. (b) Minimum protection \nThe standards established under subsection (a) shall provide, at a minimum, the level of protection for detainees described in the American Bar Association’s Civil Immigration Detention Standards (adopted in August 2012, and as modified in August 2014). (c) Biennial updates \nNot less frequently than biennially, the Secretary shall review and update such standards, as appropriate.", "id": "H95C6FDD4E84D461497B61F8911741458", "header": "Standards for Department of Homeland Security detention facilities" }, { "text": "5. Oversight and transparency \n(a) Periodic inspections \n(1) In general \nOn a periodic basis, not less frequently than annually, the Inspector General of the Department (referred to in this section as the Inspector General ) shall conduct an unannounced, in-person inspection of each facility at which aliens in the custody of the Department are detained to ensure that each such facility is in compliance with the standards established under section 4. (2) Report \nNot later than 60 days after conducting an inspection under paragraph (1), the Inspector General shall— (A) submit a report to the Secretary containing the results of such inspection; and (B) make the report available to the public on the internet website of the Department. (3) Failure to comply with standards \n(A) Initial failure \n(i) In general \nIf the Inspector General determines that a facility has failed to comply with the standards established under section 4 for the first time during any 2-year period, and such noncompliance constitutes a deficiency that threatens the health, safety, or rights of detainees— (I) the Inspector General shall notify the Secretary of such determination; and (II) the Secretary shall— (aa) in the case of a facility not owned by the Department, impose a meaningful fine of not less than 10 percent of the value of the contract with the facility; and (bb) in the case of a facility owned by the Department— (AA) issue a written warning to the facility not later than 30 days after receiving such notification from the Inspector General, which shall include remedial measures to be carried out not later than 60 days after the issuance of the warning; and (BB) not later than 60 days after the issuance of a warning under subitem (AA), certify to the Inspector General that the remedial measures have been carried out. (ii) Follow-up inspection \nNot later than 180 days after the date on which the Inspector General makes a notification under clause (i)(I), the Inspector General shall conduct an in-person inspection of the facility to determine whether the facility has achieved compliance with the standards established under section 4. (B) Subsequent failures \nIf the Inspector General determines that a facility has failed to comply with the standards established under section 4 in 2 or more inspections under paragraph (1) during any 2-year period, and such noncompliance constitutes a deficiency that threatens the health, safety, or rights of detainees— (i) the Inspector General shall notify the Secretary of such determination; and (ii) the Secretary shall— (I) in the case of a facility not owned by the Department— (aa) not later than 30 days after receiving such notification, transfer each detainee to a facility that does so comply; and (bb) terminate the contract with the owner or operator of the facility; and (II) in the case of a facility owned by the Department— (aa) not later than 60 days after receiving such notification, transfer each detainee to a facility that does so comply; and (bb) suspend the use of such facility until such time as the Inspector General— (AA) certifies to the Secretary that the facility is in compliance with such standards; and (BB) makes available to the public on the internet website of the Department information relating to the remedial measures taken. (b) Deaths in custody \n(1) Notification \nNot later than 24 hours after the death of an alien in the custody of the Department, the Secretary shall notify the appropriate committees of Congress of such death. (2) Investigations \n(A) In general \nNot later than 30 days after the death of an alien in the custody of the Department, the Secretary shall conduct an investigation into such death, which shall include a root cause analysis that identifies any changes to policies, practices, training curricula, staffing, or potential systemwide errors that may reduce the probability of such an event in the future. (B) Root cause analysis \nEach root cause analysis required by subparagraph (A) shall be carried out— (i) by appropriately qualified personnel, including 1 or more medical professionals qualified in a field relevant to the cause of death; and (ii) in accordance with professional medical standards for investigating sentinel events in medical care facilities, including the Sentinel Event Policy promulgated by The Joint Commission. (C) Public report \nNot later than 60 days after such a death, the Secretary shall— (i) issue a full report describing the results of the investigation required by subparagraph (A); and (ii) make the report available to the public on the internet website of the Department. (D) Review by inspector general \nNot later than 90 days after the death of an alien in the custody of the Department, the Inspector General shall conduct a review of the report issued under subparagraph (C) with respect to such death. (3) Definition of death of an alien in the custody of the department \nThe term death of an alien in the custody of the Department means the death of an alien occurring while the alien is under the supervision of the Department, regardless of— (A) the location of the death; or (B) whether the death may have resulted from a health problem that existed before or during, or was exacerbated by, the detention of the alien. (c) Report to Congress \n(1) In general \nNot less frequently than annually, the Secretary shall submit to the appropriate committees of Congress a report on the inspections and oversight of facilities at which aliens in the custody of the Department are detained. (2) Elements \nEach report required by paragraph (1) shall include, for the preceding year— (A) a list of detention facilities found by the Inspector General to be in noncompliance with the standards established under section 4; (B) for each such facility, a description of the remedial actions taken, or planned to be taken, by the Secretary so as to achieve compliance with such standards; and (C) a determination as to whether such remedial actions have succeeded in bringing the facility into compliance with such standards. (d) Classification of documents for purposes of FOIA \nThe reports required by subsections (a)(2) and (b)(2)(C) and any contract between the Department and a private or public entity that provides for the use of a facility not owned by the Department to detain aliens in the custody of the Department are considered records for purposes of section 552 of title 5, United States Code, and do not qualify for the exception under subsection (b)(4) of such section. (e) Facilities matrix \n(1) In general \nOn the first day of each month, the Secretary shall ensure that a publicly accessible internet website of the Department contains the information described in paragraph (2) for each facility at which aliens in the custody of the Department are detained. (2) Elements \nThe information referred to in paragraph (1) is, for each such facility, the following: (A) The name and location of the facility. (B) Whether the facility houses adults, children, or both. (C) The number of beds available in the facility on the last day of the preceding month, disaggregated by gender. (D) The total number of aliens detained in the facility on the last day of the preceding month, disaggregated by gender and classification as a child or as an adult. (E) Whether the facility is used to detain aliens for longer than 72 hours. (F) Whether the facility is used to detain aliens for longer than 7 days. (G) The average number of aliens detained in the facility during the current year and during the preceding month, disaggregated by gender and classification as a child or as an adult. (H) Whether the facility is in compliance with the standards established under section 4. (I) In the case of a facility not owned by the Department, a description of the nature of the contract providing for the detention of aliens at the facility. (J) The average, median, 25th quartile, and 50th quartile number of days that an alien has been detained at the facility during the preceding month. (f) Online detainee locator system \nThe Secretary shall ensure that the online detainee locator system maintained by the Department, or any successor system, is updated not later than 12 hours after an alien is— (1) taken into, or released from, custody by the Department; (2) transferred to, or detained in, a detention facility; or (3) removed from the United States. (g) Information collected and maintained regarding aliens in DHS custody \nThe Secretary shall collect and maintain, for each alien in the custody of the Department, the following information: (1) The gender and age of the alien. (2) The date on which the alien was taken into such custody. (3) The country of nationality of the alien. (4) Whether the alien is considered a vulnerable person (as such term is defined in section 236(c)(5) of the Immigration and Nationality Act, as amended by section 9) or a primary caregiver. (5) The provision of law pursuant to which the Secretary is authorized to detain the alien. (6) The name of the facility in which the alien is detained. (7) With respect to any transfer of the alien to another detention facility— (A) a description of the transfer of the alien to the other detention facility; (B) the reason for the transfer; and (C) in the case of a transfer effectuated despite presence of the alien's legal counsel or immediate relative in the jurisdiction of the original detention facility, a justification for such transfer. (8) The status and basis of any removal proceedings of which the alien is the subject. (9) The initial custody determination made by U.S. Immigration and Customs Enforcement, including any review of such determination. (10) The date of the alien’s release or removal, and the reason for such release or removal, as applicable. (11) Whether the alien is subject to a final order of removal. (12) Whether the alien was apprehended as part of a family unit. (13) Whether the alien was separated from a family unit at the border or in the interior of the United States.", "id": "H6827D87FB05F4682B7C767A45A59E021", "header": "Oversight and transparency" }, { "text": "6. Civil actions \n(a) In general \nAn individual detained in a facility required to comply with the standards established under section 4 who is injured as a result of a violation of such standards may file a claim in the appropriate district court of the United States. (b) Recovery \nIn a civil action under this subsection, the court may order injunctive relief and compensatory damages, and may award the prevailing party reasonable attorney fees, and costs.", "id": "HD6E0431FEE37423B9756D442A62E99EC", "header": "Civil actions" }, { "text": "7. Detention facility construction and maintenance \n(a) Restriction on construction \n(1) In general \nNot later than 180 days before initiating, or entering into a contract for, the construction of a new facility or the expansion of an existing facility for the detention of aliens in the custody of the Department, the Secretary shall submit to the appropriate committees of Congress a notification of the plan to construct or expand such facility, including— (A) the location, size, and capacity of such facility; (B) the anticipated timeline and cost of constructing or expanding such facility; and (C) the intended population to be detained at such facility, including the gender and age category of such population. (2) Public availability \nThe Secretary shall make the information described in paragraph (1) available to the public on the internet website of the Department. (b) Phase-Out of private detention facilities and use of jails \n(1) Secure detention facilities \n(A) In general \nThe Secretary— (i) may not enter into or extend any contract or agreement with any public or private for-profit entity that owns or operates a detention facility for use of such facility to detain aliens in the custody of the Department; and (ii) shall terminate any contract or agreement described in clause (i) not later than the date that is 3 years after the date of the enactment of this Act. (B) Ownership requirement \nBeginning on the date that is 3 years after the date of the enactment of this Act, any facility at which aliens in the custody of the Department are detained shall be owned and operated by the Department. (2) Alternatives to detention programs \n(A) In general \nThe Secretary— (i) may not enter into or extend any contract or agreement with any public or private for-profit entity for the operation of a program or the use of a facility for nonresidential detention-related activities for aliens who are subject to monitoring by the Department; and (ii) shall terminate any contract or agreement described in clause (i) not later than the date that is 3 years after the date of the enactment of this Act. (B) Ownership and operation requirement \nBeginning on the date that is 3 years after the date of the enactment of this Act, any program or facility used for the activities described in subparagraph (A)(i) shall be owned and operated by a nonprofit organization or the Department. (3) Implementation plan \nNot later than 60 days after the date of the enactment of this Act, the Secretary shall develop, and make publicly available, a plan and timeline for the implementation of this subsection.", "id": "HAF191B6CF6CF4D7AA2A0F87A7B34F4FF", "header": "Detention facility construction and maintenance" }, { "text": "8. Appearance of detained aliens for other legal matters \nThe Secretary shall establish rules to ensure that any alien detained in the custody of the Department who is required to appear in Federal or State court (including family court) for another matter is transported by an officer or employee of the Department to such court proceeding.", "id": "H459BB4CF19E2453EAB26F9903D31B374", "header": "Appearance of detained aliens for other legal matters" }, { "text": "9. Procedures for detaining aliens \n(a) Probable cause and custody determination hearings \nSection 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended to read as follows: 236. Apprehension and detention of aliens \n(a) Arrest, detention, and release \n(1) In general \nOn a warrant issued by an immigration judge, or pursuant to section 287(a)(2), the Secretary of Homeland Security may arrest an alien, and in accordance with this section, detain the alien or release the alien on bond, subject to conditions or recognizance, pending a decision on whether the alien is to be removed from the United States. (2) Exemption for unaccompanied alien children \n(A) In general \nThis section shall not apply to unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )). (B) Transfer of custody \nAny unaccompanied alien child in the custody of the Secretary of Homeland Security shall be transferred to the custody of the Secretary of Health and Human Services pursuant to section 235(b)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(b)(3) ). (b) Bond determination \n(1) In general \nAn immigration judge who releases an alien on bond under this section shall— (A) consider, for purposes of setting the amount of the bond, the alien’s financial position and ability to pay the bond without imposing financial hardship on the alien; and (B) set bond at an amount no greater than necessary to ensure the alien’s appearance for removal proceedings. (2) Inability to pay bond \nThe Secretary of Homeland Security may not continue to detain an alien solely based on the alien's inability to pay bond. (c) Custody determination \n(1) Initial determination \n(A) In general \nNot later than 48 hours after taking an alien into custody pursuant to this section or section 235, or with respect to an alien subject to a reinstated order of removal pursuant to section 241(a)(5) who has been found to have a credible or reasonable fear of return, the Secretary of Homeland Security shall make an initial custody determination with regard to the alien, and provide such determination in writing to the alien. (B) Least restrictive conditions \nWith respect to a custody determination under subparagraph (A), if the Secretary determines that the release of an alien will not reasonably ensure the appearance of the alien as required or will endanger the safety of any other individual or the community, the Secretary shall impose the least restrictive conditions, as described in paragraph (4). (2) Timing \n(A) In general \nAn alien who seeks to challenge the initial custody determination under paragraph (1) shall be provided with the opportunity for a hearing before an immigration judge not later than 72 hours after the initial custody determination to determine whether the alien should be detained. (B) Access to counsel \nOn request by an alien, or the legal counsel of an alien, an immigration judge may grant a reasonable continuance of a hearing under subparagraph (A) to provide the alien or such legal counsel additional time to prepare for the hearing. (3) Presumption of release \n(A) In general \nIn a hearing under this subsection, there shall be a presumption that the alien should be released. (B) Rebuttal \n(i) In general \nThe Secretary of Homeland Security has the duty of rebutting this presumption, which may only be established based on clear and convincing evidence, including credible and individualized information, that— (I) the use of alternatives to detention will not reasonably ensure the appearance of the alien at removal proceedings; or (II) the alien is a threat to any other individual or the community. (ii) Consideration \nThe Attorney General— (I) shall consider the totality of each case; and (II) may not rely on an alien's criminal conviction, arrest, pending criminal charge, or combination thereof as the sole factor to justify the continued detention of the alien. (4) Least restrictive conditions required \n(A) In general \nIf an immigration judge determines, pursuant to a hearing under this section, that the release of an alien will not reasonably ensure the appearance of the alien as required or will endanger the safety of any other individual or the community, the immigration judge shall order the least restrictive conditions, or combination of conditions, that the judge determines will reasonably ensure the appearance of the alien as required and the safety of any other individual and the community, which may include— (i) release on recognizance; (ii) secured or unsecured release on bond; or (iii) participation in a program described in subsection (f). (B) Monthly review \nNot less frequently than monthly, the immigration judge shall review any condition assigned to an alien pursuant to subparagraph (A). (C) Modification of conditions of supervision \nAn immigration judge may modify or rescind conditions of supervision imposed on an alien by the Secretary of Homeland Security. (5) Special rule for vulnerable persons and primary caregivers \n(A) In general \nIn the case of an alien subject to a custody determination under this subsection who is a vulnerable person or a primary caregiver, the alien may not be detained unless the Secretary of Homeland Security demonstrates, in addition to the requirements under paragraph (3), that it is unreasonable or not practicable to place the alien in a community-based supervision program. (B) Definitions \nIn this paragraph: (i) Material witness \nThe term material witness means an individual who presents a declaration to an attorney investigating, prosecuting, or defending a workplace claim or from the presiding officer overseeing a workplace claim attesting that, to the best of the declarant’s knowledge and belief, reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim. (ii) Primary caregiver \nThe term primary caregiver means an individual who is established to be a caregiver, parent, or close relative caring for or traveling with a child. (iii) Vulnerable person \nThe term vulnerable person means an individual who— (I) is under 21 years of age or over 60 years of age; (II) is pregnant; (III) identifies as lesbian, gay, bisexual, transgender, queer, or intersex; (IV) is a victim or witness of a crime; (V) has filed a nonfrivolous civil rights claim in Federal or State court; (VI) has filed, or is a material witness to, a bonafide workplace claim; (VII) has a serious mental or physical illness or disability; (VIII) has been determined by an asylum officer in an interview conducted under section 235(b)(1)(B) to have a credible fear of persecution or torture; (IX) has limited English language proficiency and is not provided access to appropriate and meaningful language services in a timely fashion; or (X) has been determined by an immigration judge or by the Secretary of Homeland Security to have experienced or to be experiencing severe trauma or to be a survivor of torture or gender-based violence, based on information obtained during intake, from the alien’s attorney or legal service provider, or through credible self-reporting. (iv) Workplace claim \nThe term workplace claim means any written or oral claim, charge, complaint, or grievance filed with, communicated to, or submitted to the employer, a Federal, State, or local agency or court, or an employee representative, related to the violation of applicable Federal, State, and local labor laws, including laws concerning wages and hours, labor relations, family and medical leave, occupational health and safety, civil rights, or nondiscrimination. (6) Subsequent determinations \nAn alien detained under this section shall be provided with a de novo custody determination hearing under this subsection— (A) not later than 30 days after the date of the enactment of this Act; (B) every 60 days; and (C) upon showing of a change in circumstances or good cause for such a hearing. (d) Release upon an order granting relief from removal \nThe Secretary of Homeland Security— (1) shall immediately release an alien with respect to whom an immigration judge has entered an order providing relief from removal (including an order granting asylum or withholding, deferral, or cancellation of removal) or an order terminating removal proceedings, which order is pending appeal, upon entry of the order; and (2) may impose only reasonable conditions on the alien’s release from custody. (e) Prohibition on detention of children \nNotwithstanding any other provision of this Act, the Secretary of Homeland Security may not detain in a facility operated or contracted by U.S. Immigration and Customs Enforcement any individual who is under the age of 18 years. (f) Community-Based case management program \n(1) In general \nThe Secretary of Homeland Security shall establish, outside of the purview of U.S. Immigration and Customs Enforcement, a community-based case management program that— (A) provides alternatives to detaining aliens; (B) offers a continuum of community-based support options and services, including— (i) case management; and (ii) access to— (I) social services; (II) medical and mental health services; (III) housing; (IV) transportation; and (V) legal services; and (C) provides services in the appropriate language. (2) Prohibition on electronic surveillance \nThe program under paragraph (1) may not include, as an alternative to detention, the provision of ankle monitors or other forms of electronic surveillance. (3) Contracts \n(A) In general \nThe Secretary may enter into 1 or more contracts to operate the case management program described in paragraph (1). (B) Prioritization \nIn entering into a contract under subparagraph (A), the Secretary shall give priority to direct contracts with qualified nongovernmental community-based organizations that have experience providing services to immigrant, refugee, and asylum-seeking populations. (4) Individualized determination required \n(A) In general \nIn determining whether to order an alien to participate in a program under this subsection, the Secretary or the immigration judge, as appropriate, shall make an individualized determination to determine the appropriate level of supervision for the alien. (B) Exemption \nParticipation in a program under this subsection may not be ordered for an alien for whom it is determined that release on reasonable bond or recognizance will reasonably ensure the appearance of the alien as required and the safety of any other individual and the community. (5) Prohibition on fees for alternatives to detention \nAn alien who is required to participate in a specific alternatives to detention program or service may not be charged a fee for such participation. (6) Case management review and feasibility study \nNot later than 180 days after the date of the enactment of the Dignity for Detained Immigrants Act of 2023 , the Secretary shall conduct— (A) a review of best practices in federally funded case management programs and related services; and (B) a study of the feasibility of transferring alternatives to detention case management programs out of the purview of the Department of Homeland Security.. (b) Probable cause hearing \nSection 287(a) of the Immigration and Nationality Act ( 8 U.S.C. 1357(a)(2) ) is amended by striking the subsection designation and all that follows through United States; in paragraph (2) and inserting the following: (a) In general \nAny officer or employee of the Department of Homeland Security authorized under regulations prescribed by the Secretary of Homeland Security shall have power without warrant— (1) to interrogate any alien or person believed to be an alien as to the person’s right to be or to remain in the United States, provided that such interrogation is not based on the person’s race, ethnicity, national origin, religion, sexual orientation, color, spoken language, or English language proficiency; and (2) to arrest any alien who, in the presence or view of the officer or employee, is entering or attempting to enter the United States in violation of any law or regulation made pursuant to law regulating the admission, exclusion, expulsion, or removal of aliens, or to arrest any alien in the United States, if— (A) the officer or employee has probable cause to believe that— (i) the alien is in the United States in violation of any such law or regulation; and (ii) is likely to escape before a warrant can be obtained for the arrest of the alien; (B) the officer or employee has reason to believe that the alien would knowingly and willfully fail to appear in immigration court in response to a properly served notice to appear; and (C) not later than 48 hours after being taken into custody, the alien is provided with a hearing before an immigration judge to determine whether there was probable cause for such arrest, including probable cause to believe that the alien would have knowingly and willfully failed to appear as required under subparagraph (B) if the alien had not been arrested, which burden to establish probable cause shall be on the Department of Homeland Security;. (c) Mandatory detention repealed \n(1) In general \nThe Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (A) in section 235(b) ( 8 U.S.C. 1225(b) )— (i) in paragraph (1)(B)— (I) in clause (ii), by striking detained and inserting referred ; and (II) in clause (iii), by striking subclause (IV); and (ii) in paragraph (2)(A), by striking detained and inserting referred ; (B) by striking section 236A ( 8 U.S.C. 1226 ); (C) in section 238(a)(2) ( 8 U.S.C. 1228(a)(2) ), by striking pursuant to section 236(c), ; and (D) in section 506(a)(2) ( 8 U.S.C. 1536(a)(2) — (i) by amending the heading to read as follows: Release hearing for aliens detained ; and (ii) in subparagraph (A)— (I) by amending the heading to read as follows: In general ; (II) in the matter preceding clause (i), by striking lawfully admitted for permanent residence ; (III) by striking clause (i); and (IV) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (2) Conforming amendments \n(A) The table of sections for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by striking the item relating to section 236A. (B) Section 241(c)(3)(A)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1231(c)(3)(A)(ii) ) is amended— (C) in subclause (I), by striking the comma at the end and inserting ; or ; (D) in subclause (II), by striking , or and inserting a period; and (E) by striking subclause (III). (d) Aliens ordered removed \n(1) In general \nSection 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a) ) is amended— (A) in paragraph (1), by striking 90 days each place it appears and inserting 60 days ; (B) by amending paragraph (2) to read as follows: (2) Initial custody redetermination hearing \n(A) In general \nNot later than 72 hours after the entry of a final administrative order of removal, the alien ordered removed shall be provided with a custody redetermination hearing before an immigration judge. (B) Presumption of detention \nFor purposes of the hearing under subparagraph (A), the alien shall be detained during the removal period unless the alien demonstrates by the preponderance of the evidence that— (i) the alien’s removal is not reasonably foreseeable; or (ii) the alien does not pose a risk to the safety of any other individual or the community. ; (C) in paragraph (3)— (i) in the paragraph heading, by striking 90-day and inserting 60-day ; and (ii) in the matter preceding subparagraph (A), by striking the alien, pending removal, shall be subject to supervision under and inserting the following: except as provided in paragraph (6), any alien who has been detained during the removal period shall be released from custody, pending removal, subject to individualized supervision requirements in accordance with ; (D) by amending paragraph (6) to read as follows: (6) Subsequent custody redetermination hearings \n(A) In general \nThe Secretary of Homeland Security may request a subsequent redetermination hearing before an immigration judge seeking continued detention for an alien ordered to be detained pursuant to paragraph (2) who has not been removed within the removal period. (B) Standard \nAn alien may only be detained after the removal period upon a showing by the Secretary of Homeland Security that— (i) the alien’s removal is reasonably foreseeable; or (ii) the alien poses a risk to the safety of any other individual or the community, which— (I) may only be established based on credible and individualized information; and (II) may not be established based solely on the fact that the alien has been charged with, or is suspected of, a crime. (C) Period of detention \n(i) In general \nAn alien may not be detained pursuant to an order under this paragraph for longer than a 60-day period. (ii) Subsequent redetermination hearing \nThe Secretary of Homeland Security may seek subsequent redetermination hearings under this paragraph in order to continue detaining an alien beyond each such 60-day period. ; and (E) by striking paragraph (7). (2) Technical and conforming amendments \nThe Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (A) in section 238 ( 8 U.S.C. 1228 )— (i) in subsection (a)(1)— (I) by moving the paragraph 2 ems to the right; (II) by amending the paragraph heading to read as follows: In general ; and (III) in the first sentence— (aa) by striking section 241(a)(2)(A)(iii) and inserting section 237(a)(2)(A)(iii) ; (bb) by striking section 241(a)(2)(A)(ii) and inserting section 237(a)(2)(A)(ii) ; and (cc) by striking section 241(a)(2)(A)(i) and inserting 237(a)(2)(A)(i) ; (ii) in the second subsection (c)— (I) in paragraph (2)(B), by striking section 241(a)(2)(A) and inserting section 237(a)(2)(A) ; and (II) in paragraph (4), by striking section 241(a) and inserting section 237(a) ; and (iii) by redesignating the second subsection (c) as subsection (d); (B) in section 276(b)(4) ( 8 U.S.C. 1326(b)(4) ), by striking section 241(a)(4)(B) and inserting section 237(a)(4)(B) ; and (C) in section 501(1) ( 8 U.S.C. 1531(1) ), by striking section 241(a)(4)(B) and inserting section 237(a)(4)(B).", "id": "H7382DBDF2FDA401FBC60DDDAD11C31A8", "header": "Procedures for detaining aliens" }, { "text": "236. Apprehension and detention of aliens \n(a) Arrest, detention, and release \n(1) In general \nOn a warrant issued by an immigration judge, or pursuant to section 287(a)(2), the Secretary of Homeland Security may arrest an alien, and in accordance with this section, detain the alien or release the alien on bond, subject to conditions or recognizance, pending a decision on whether the alien is to be removed from the United States. (2) Exemption for unaccompanied alien children \n(A) In general \nThis section shall not apply to unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )). (B) Transfer of custody \nAny unaccompanied alien child in the custody of the Secretary of Homeland Security shall be transferred to the custody of the Secretary of Health and Human Services pursuant to section 235(b)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(b)(3) ). (b) Bond determination \n(1) In general \nAn immigration judge who releases an alien on bond under this section shall— (A) consider, for purposes of setting the amount of the bond, the alien’s financial position and ability to pay the bond without imposing financial hardship on the alien; and (B) set bond at an amount no greater than necessary to ensure the alien’s appearance for removal proceedings. (2) Inability to pay bond \nThe Secretary of Homeland Security may not continue to detain an alien solely based on the alien's inability to pay bond. (c) Custody determination \n(1) Initial determination \n(A) In general \nNot later than 48 hours after taking an alien into custody pursuant to this section or section 235, or with respect to an alien subject to a reinstated order of removal pursuant to section 241(a)(5) who has been found to have a credible or reasonable fear of return, the Secretary of Homeland Security shall make an initial custody determination with regard to the alien, and provide such determination in writing to the alien. (B) Least restrictive conditions \nWith respect to a custody determination under subparagraph (A), if the Secretary determines that the release of an alien will not reasonably ensure the appearance of the alien as required or will endanger the safety of any other individual or the community, the Secretary shall impose the least restrictive conditions, as described in paragraph (4). (2) Timing \n(A) In general \nAn alien who seeks to challenge the initial custody determination under paragraph (1) shall be provided with the opportunity for a hearing before an immigration judge not later than 72 hours after the initial custody determination to determine whether the alien should be detained. (B) Access to counsel \nOn request by an alien, or the legal counsel of an alien, an immigration judge may grant a reasonable continuance of a hearing under subparagraph (A) to provide the alien or such legal counsel additional time to prepare for the hearing. (3) Presumption of release \n(A) In general \nIn a hearing under this subsection, there shall be a presumption that the alien should be released. (B) Rebuttal \n(i) In general \nThe Secretary of Homeland Security has the duty of rebutting this presumption, which may only be established based on clear and convincing evidence, including credible and individualized information, that— (I) the use of alternatives to detention will not reasonably ensure the appearance of the alien at removal proceedings; or (II) the alien is a threat to any other individual or the community. (ii) Consideration \nThe Attorney General— (I) shall consider the totality of each case; and (II) may not rely on an alien's criminal conviction, arrest, pending criminal charge, or combination thereof as the sole factor to justify the continued detention of the alien. (4) Least restrictive conditions required \n(A) In general \nIf an immigration judge determines, pursuant to a hearing under this section, that the release of an alien will not reasonably ensure the appearance of the alien as required or will endanger the safety of any other individual or the community, the immigration judge shall order the least restrictive conditions, or combination of conditions, that the judge determines will reasonably ensure the appearance of the alien as required and the safety of any other individual and the community, which may include— (i) release on recognizance; (ii) secured or unsecured release on bond; or (iii) participation in a program described in subsection (f). (B) Monthly review \nNot less frequently than monthly, the immigration judge shall review any condition assigned to an alien pursuant to subparagraph (A). (C) Modification of conditions of supervision \nAn immigration judge may modify or rescind conditions of supervision imposed on an alien by the Secretary of Homeland Security. (5) Special rule for vulnerable persons and primary caregivers \n(A) In general \nIn the case of an alien subject to a custody determination under this subsection who is a vulnerable person or a primary caregiver, the alien may not be detained unless the Secretary of Homeland Security demonstrates, in addition to the requirements under paragraph (3), that it is unreasonable or not practicable to place the alien in a community-based supervision program. (B) Definitions \nIn this paragraph: (i) Material witness \nThe term material witness means an individual who presents a declaration to an attorney investigating, prosecuting, or defending a workplace claim or from the presiding officer overseeing a workplace claim attesting that, to the best of the declarant’s knowledge and belief, reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim. (ii) Primary caregiver \nThe term primary caregiver means an individual who is established to be a caregiver, parent, or close relative caring for or traveling with a child. (iii) Vulnerable person \nThe term vulnerable person means an individual who— (I) is under 21 years of age or over 60 years of age; (II) is pregnant; (III) identifies as lesbian, gay, bisexual, transgender, queer, or intersex; (IV) is a victim or witness of a crime; (V) has filed a nonfrivolous civil rights claim in Federal or State court; (VI) has filed, or is a material witness to, a bonafide workplace claim; (VII) has a serious mental or physical illness or disability; (VIII) has been determined by an asylum officer in an interview conducted under section 235(b)(1)(B) to have a credible fear of persecution or torture; (IX) has limited English language proficiency and is not provided access to appropriate and meaningful language services in a timely fashion; or (X) has been determined by an immigration judge or by the Secretary of Homeland Security to have experienced or to be experiencing severe trauma or to be a survivor of torture or gender-based violence, based on information obtained during intake, from the alien’s attorney or legal service provider, or through credible self-reporting. (iv) Workplace claim \nThe term workplace claim means any written or oral claim, charge, complaint, or grievance filed with, communicated to, or submitted to the employer, a Federal, State, or local agency or court, or an employee representative, related to the violation of applicable Federal, State, and local labor laws, including laws concerning wages and hours, labor relations, family and medical leave, occupational health and safety, civil rights, or nondiscrimination. (6) Subsequent determinations \nAn alien detained under this section shall be provided with a de novo custody determination hearing under this subsection— (A) not later than 30 days after the date of the enactment of this Act; (B) every 60 days; and (C) upon showing of a change in circumstances or good cause for such a hearing. (d) Release upon an order granting relief from removal \nThe Secretary of Homeland Security— (1) shall immediately release an alien with respect to whom an immigration judge has entered an order providing relief from removal (including an order granting asylum or withholding, deferral, or cancellation of removal) or an order terminating removal proceedings, which order is pending appeal, upon entry of the order; and (2) may impose only reasonable conditions on the alien’s release from custody. (e) Prohibition on detention of children \nNotwithstanding any other provision of this Act, the Secretary of Homeland Security may not detain in a facility operated or contracted by U.S. Immigration and Customs Enforcement any individual who is under the age of 18 years. (f) Community-Based case management program \n(1) In general \nThe Secretary of Homeland Security shall establish, outside of the purview of U.S. Immigration and Customs Enforcement, a community-based case management program that— (A) provides alternatives to detaining aliens; (B) offers a continuum of community-based support options and services, including— (i) case management; and (ii) access to— (I) social services; (II) medical and mental health services; (III) housing; (IV) transportation; and (V) legal services; and (C) provides services in the appropriate language. (2) Prohibition on electronic surveillance \nThe program under paragraph (1) may not include, as an alternative to detention, the provision of ankle monitors or other forms of electronic surveillance. (3) Contracts \n(A) In general \nThe Secretary may enter into 1 or more contracts to operate the case management program described in paragraph (1). (B) Prioritization \nIn entering into a contract under subparagraph (A), the Secretary shall give priority to direct contracts with qualified nongovernmental community-based organizations that have experience providing services to immigrant, refugee, and asylum-seeking populations. (4) Individualized determination required \n(A) In general \nIn determining whether to order an alien to participate in a program under this subsection, the Secretary or the immigration judge, as appropriate, shall make an individualized determination to determine the appropriate level of supervision for the alien. (B) Exemption \nParticipation in a program under this subsection may not be ordered for an alien for whom it is determined that release on reasonable bond or recognizance will reasonably ensure the appearance of the alien as required and the safety of any other individual and the community. (5) Prohibition on fees for alternatives to detention \nAn alien who is required to participate in a specific alternatives to detention program or service may not be charged a fee for such participation. (6) Case management review and feasibility study \nNot later than 180 days after the date of the enactment of the Dignity for Detained Immigrants Act of 2023 , the Secretary shall conduct— (A) a review of best practices in federally funded case management programs and related services; and (B) a study of the feasibility of transferring alternatives to detention case management programs out of the purview of the Department of Homeland Security.", "id": "idF0B0200B848B486B8BEB72534E2531B0", "header": "Apprehension and detention of aliens" }, { "text": "10. Prohibition on solitary confinement \n(a) In general \nAn individual in the custody of the Department may not be placed in solitary confinement. (b) Definition of solitary confinement \nIn this section, the term solitary confinement means— (1) in the case of an individual who is older than 21 years of age, the state of being confined to the individual’s cell, alone or with a cellmate, for more than 22 hours during a 24-hour period, with very limited out-of-cell time and severely restricted activity, movement, and social interaction whether pursuant to disciplinary, administrative, or classification action; and (2) in the case of an individual who is 21 years of age or younger, involuntary confinement alone in a cell, room, or other area for a period greater than 3 hours.", "id": "id6AB378316F884D7F9E959D5062EADB11", "header": "Prohibition on solitary confinement" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Red Tape Reduction Act of 2023.", "id": "ideb578314437d4705a7bedbcbf87fb3a1", "header": "Short title" }, { "text": "2. Modification of exception for de minimis payments by third party settlement organizations \n(a) In general \nSubsection (e) of section 6050W of the Internal Revenue Code of 1986 is amended by striking any participating payee if and all that follows and inserting “any participating payee if— (1) the amount which would otherwise be reported under subsection (a)(2) with respect to such transactions does not exceed $10,000, or (2) the aggregate number of such transactions does not exceed 50.. (b) Effective date \nThe amendment made by this section shall apply to transactions settled after December 31, 2023.", "id": "id82517f914e5a4970ae7dfc20bf59fa38", "header": "Modification of exception for de minimis payments by third party settlement organizations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Defund the Wuhan Institute of Virology Act.", "id": "H32774A38A387428DBFCFE9235F0C4CF8", "header": "Short title" }, { "text": "2. Prohibition on Federal funding to the Wuhan Institute of Virology \n(a) In general \nNo funds authorized or appropriated by Federal law may be made available to the Wuhan Institute of Virology for any purpose. (b) GAO study and report \nNot later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study and submit a report to Congress regarding the amount of Federal funds that were awarded or indirectly provided (whether purposely or inadvertently) during the 15-year period immediately preceding such date of enactment to— (1) the Wuhan Institute of Virology, including affiliated researchers; (2) the People’s Republic of China; (3) the Chinese Communist Party; or (4) any agency or instrumentality of the entities listed in paragraphs (1) through (3).", "id": "H2D009B9DEDC940429B24A8FC82F1D531", "header": "Prohibition on Federal funding to the Wuhan Institute of Virology" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Freedom to Invest in a Sustainable Future Act.", "id": "S1", "header": "Short title" }, { "text": "2. ERISA amendments \nSubsection (a) of section 404 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104 ) is amended by adding at the end the following new paragraph: (3) (A) Provided that a fiduciary discharges the fiduciary's duties with respect to a plan in a manner otherwise consistent with this subsection, a fiduciary may— (i) consider environmental, social, governance, or similar factors, in connection with carrying out an investment decision, strategy, or objective, or other fiduciary act; and (ii) consider collateral environmental, social, governance, or similar factors as tie-breakers when competing investments can reasonably be expected to serve the plan’s economic interests equally well with respect to expected return and risk over the appropriate time horizon. (B) In a case described in clause (i) or (ii) of subparagraph (A), a fiduciary shall not be required to maintain any greater documentation, substantiation, or other justification of the fiduciary’s actions relating to such fiduciary act than is otherwise required under this part. (C) Nothing in this part shall preclude an investment selected in accordance with clause (i) or (ii) of subparagraph (A) from being treated as a default investment or a component of such a default investment (as described in regulations issued by the Secretary under subsection (c)(5)(A)), if such investment would otherwise qualify for such treatment under such regulations..", "id": "id4997339bfa6640c9bc833695d3e2f234", "header": "ERISA amendments" } ]

[ { "text": "1. Short title \nThis Act may be cited as the National Development Strategy and Coordination Act of 2023.", "id": "S1", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Appropriate congressional committee \nThe term appropriate congressional committee means— (A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, the Committee on Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Financial Services, the Committee on Energy and Commerce, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Country of concern \nThe term country of concern means— (A) the People’s Republic of China and any other foreign government or foreign non-government person determined to be a foreign adversary under section 7.4 of title 15, Code of Federal Regulations, or any successor regulation; or (B) any country determined by the Secretary of Commerce, in consultation with the United States Trade Representative, the Secretary of Defense, and the Director of National Intelligence, to have inadequate safeguards in place to protect United States funds (or intellectual property developed using such funds) from theft or transfer to a foreign government or foreign non-government person described in subparagraph (A). (3) Entity of concern \nThe term entity of concern means— (A) an entity headquartered in a country of concern; (B) an entity that is more than 25-percent owned by individuals or entities in countries of concern; (C) an entity on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly referred to as the SDN list ); (D) an entity on the Non-SDN Chinese Military-Industrial Complex Companies List— (i) established pursuant to Executive Order 13959 ( 50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance Communist Chinese military companies), as amended before, on, or after the date of the enactment of this Act; and (ii) maintained by the Office of Foreign Assets Control; (E) a Chinese military company on the list required by section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 113 note); (F) an entity on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations, or any successor regulation; (G) an entity that produces equipment or services on the list of communications equipment and services that pose an unacceptable risk to the national security of the United States or the security and safety of United States persons maintained by the Federal Communications Commission under section 2 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601 ); or (H) any entity that is majority owned or controlled by, or under common ownership or control with, an entity described in any of subparagraphs (A) through (G).", "id": "id0fce7a3e3eef4368852ee89e90f41fef", "header": "Definitions" }, { "text": "3. Establishment of the Interagency Committee for the coordination of National Development Financing Programs \n(a) Establishment \nThere is established in the Executive Office of the President a Committee to be known as the Interagency Committee for the Coordination of National Development Financing Programs (referred to in this Act as the Committee ). (b) Membership \n(1) Composition \nThe Committee shall consist of the following members: (A) The Secretary of Transportation or a designee of the Secretary. (B) The Secretary of Energy or a designee of the Secretary. (C) The Secretary of Commerce or a designee of the Secretary. (D) The Secretary of Labor or a designee of the Secretary. (E) The Secretary of the Treasury or a designee of the Secretary. (F) The Administrator of the Small Business Administration or a designee of the Administrator. (G) The Secretary of Defense or a designee of the Secretary. (H) The Director of National Intelligence or a designee of the Director. (I) The Secretary of Agriculture or a designee of the Secretary. (J) The United States Trade Representative or their designee. (K) The Chair of the Board of Governors of the Federal Reserve or a designee of the Chair, who shall serve as a nonvoting member. (L) The Secretary of the Treasury or a designee of the Secretary, who shall serve as the chair of the Committee. (2) Tie vote \nIn the event of a tie vote, the vote of the chair of the Committee shall serve as the tie-breaker. (c) Duties \nThe Committee— (1) shall submit to Congress the National Development Strategy described in subsection (d); (A) not later than 1 year after the date of enactment of this Act; and (B) not later than 1 year after January 20, 2025, and every 4 years thereafter, and in each such year not earlier than the latest date on which the budget of the President may be submitted to Congress under section 1105(a) of title 31, United States Code, submit to Congress the National Development Strategy described in subsection (d); and (2) shall identify economic sectors of the United States, regions of the United States, and, as necessary and supported by substantial evidence, projects or partnerships that advance the goals of the National Development Strategy described in subsection (d), to which financing assistance should be prioritized by member agencies of the Committee and should be provided or supported by the Federal Financing Bank. (d) National Development Strategy \nThe Committee shall develop a publicly available (except for an allowable classified annex) National Development Strategy, which shall— (1) identify and address vulnerabilities in United States supply chains in industries critical to national security; (2) identify and address vulnerabilities and shortfalls in domestic manufacturing capabilities that threaten the ability of the United States to maintain a global advantage in innovation and manufacturing; (3) identify weaknesses and discuss opportunities to strengthen the broad industrial base of the United States, which may include— (A) strengthening supply chain resiliency; (B) supporting industries critical for the national security; (C) developing technologies that provide scientific or commercial value to the United States; (D) supporting job growth and development of critical manufacturing capabilities within the United States workforce; (E) supporting the development and adoption of innovative resource extraction technologies, including for renewable energy; and (F) supporting job growth and economic development in critical industries in communities designated as qualified opportunity zones under section 1400Z–1 of the Internal Revenue Code of 1986; (4) identify industries and regions in the United States that require assistance in order to address vulnerabilities and advance the goals described in paragraphs (1), (2), and (3); and (5) outline a strategic plan to promote investment in the industries described in paragraph (4), which shall include— (A) an estimate of the amount and nature of public financing needed to achieve the goals and address vulnerabilities described in paragraphs (1), (2), and (3); (B) an inventory of all Federal programs in existence as of the date of the National Development Strategy that are capable of providing the financing described in subparagraph (A), the level of investment from each such Federal program in the preceding 5-year period, and a detailed description of how each such program is advancing development goals in the United States; (C) recommendations as to how Federal agencies may, under existing Federal authorities, leverage and attract private investment to accomplish the goals described in this subsection; (D) recommendations, if applicable, on any changes to Federal financing programs, including changes to how financing decisions are prioritized or creation of new financing programs, that may be needed to advance the goals of the National Development Strategy; (E) directives to the Federal Financing Bank to accomplish the goals of the National Development Strategy; and (F) performance metrics to evaluate and monitor projects supported by the Federal Financing Bank in alignment with the National Development Strategy. (e) Advice and input \nThe Committee shall seek the advice and input of industry partners, manufacturing policy experts, State and local development officials, and manufacturing worker interests when preparing the National Development Strategy described in subsection (d), including by— (1) holding not less than 4 public hearings per year, either virtually or in-person, during which industry representatives, worker groups, and regional representatives can provide insight into strategic development prioritization; and (2) establishing an Industry Advisory Board of not more than 10 members appointed by the President, which shall include— (A) an expert in industry competitiveness and national security; (B) a manufacturing trade association representative; (C) a representative of small business government contractors; (D) a manufacturing worker representative; (E) a representative from a private investment firm investing in critical industries and frontier technology; and (F) such other representatives as the President may appoint. (f) Assessment of National Development Strategy \nIn January of each year in which the Committee does not submit a new National Development Strategy as required under subsection (d), the Committee shall submit to the appropriate congressional committees an assessment of the most recently published National Development Strategy, which shall include— (1) an accounting of any new investments made by the Federal Financing Bank or member agencies of the Committee in the preceding year, including ZIP Code, North American Industry Classification System code, and financing stage; (2) the performance of such investments, in accordance with performance metrics established by the Committee; (3) an assessment of the implementation of the National Development Strategy, including an assessment by each agency represented on the Committee, supported by sufficient evidence, of steps taken to align such agencies’ financing, research, and development activities with the goals of the National Development Strategy; and (4) a determination on whether or not an update is needed to the National Development Strategy as a result of a change in assumptions, geopolitical dynamics, or other factors. (g) Memorandum of coordination with Federal agencies engaged in investment and financing activities \nNot later than 1 year after the date of enactment of this Act, the Committee shall negotiate a memorandum of understanding among the Federal agencies represented on the Committee, which shall— (1) establish procedures for— (A) aligning their respective investment and financing authorities to ensure maximum efficiency and comply with the goals of the National Development Strategy; (B) resolving conflicts in cases of overlapping jurisdiction between their respective agencies; and (C) avoiding conflicting or duplicative operation of services. (2) be reviewed and updated annually in coordination with the submission of the assessment outlined in subsection (f). (h) Meetings \nThe Committee shall meet regularly and as required by the President, but not less frequently than annually. (i) Strategic alignment \nEach Federal agency represented on the Committee shall— (1) consult on a regular basis the most recently published National Development Strategy described in subsection (d); and (2) to the extent practicable, give priority consideration to projects that align with the goals of the National Development Strategy when engaged in financing, research, and development activities.", "id": "id6438ada8cf40437cac3eda3e1133dc03", "header": "Establishment of the Interagency Committee for the coordination of National Development Financing Programs" }, { "text": "4. Requirements of the Federal Financing Bank relating to the National Development Strategy \n(a) In general \nThe Federal Financing Bank Act of 1973 ( 12 U.S.C. 2281 et seq. ) is amended by adding at the end the following: 21. Functions with respect to the Committee \n(a) In general \nThe Bank shall carry out any directives made to the Bank by the Interagency Committee for the Coordination of National Development Financing Programs pursuant to subsections (c)(2) and (d)(5)(E) of section 3 of the National Development Strategy and Coordination Act of 2023. (b) Activities \nPursuant to subsection (a), the Bank is authorized, upon direction by the Interagency Committee for the Coordination of National Development Financing Programs, to— (1) issue securities that are backed by financing assistance through any member agency of the Committee; (2) purchase from the private market loans or other debt or equity instruments guaranteed in whole or in part by any member agency of the Committee; and (3) participate in agency loans or loan guarantees in an amount less than 100 percent of the principal amount of financing. (c) Purchase not for resale \nAs directed by the Interagency Committee for the Coordination of National Development Financing Programs in accordance with the National Development Strategy established under section 3(d) of the National Development Strategy and Coordination Act of 2023 , the Bank may, as necessary, purchase not for resale to the private market any loans or other debt or equity instruments described in subsection (b)(2). 22. Secondary market operations \nExcept as otherwise provided in the National Development Strategy and Coordination Act of 2023 , obligations purchased by the Bank may be resold in the secondary market in a similar manner to secondary market sales of Treasury notes. 23. Ombudsman \nThe Board of Directors of the Bank shall designate an official as the Ombudsman who shall— (1) review investments made by the Bank on projects or partnerships identified by the Interagency Committee for the Coordination of National Development Financing Programs; (2) review the risk profiles and performance of any such projects or partnerships; (3) provide oversight relating to any such projects or partnerships; and (4) provide annually to the appropriate congressional committees a report detailing investments made by the Bank in projects or partnerships identified by the Committee described in paragraph (1), the performance of such investments, and any new or existing investments that may present cause for concern regarding the potential of repayment or lack of alignment with strategic directives.. (b) Federal Credit Reform Act \nIf the Committee determines that a project or partnership receiving financial assistance through any member agency is investing in frontier technologies for which no reasonable market comparison exists, obligations purchased in connection with such project or partnership by the Federal Financing Bank under section 21 of the Federal Financing Bank Act of 1973, as added by subsection (a) of this section, shall not be subject to the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ).", "id": "id50ffa06c681b453591a3b78bdc46dfd6", "header": "Requirements of the Federal Financing Bank relating to the National Development Strategy" }, { "text": "21. Functions with respect to the Committee \n(a) In general \nThe Bank shall carry out any directives made to the Bank by the Interagency Committee for the Coordination of National Development Financing Programs pursuant to subsections (c)(2) and (d)(5)(E) of section 3 of the National Development Strategy and Coordination Act of 2023. (b) Activities \nPursuant to subsection (a), the Bank is authorized, upon direction by the Interagency Committee for the Coordination of National Development Financing Programs, to— (1) issue securities that are backed by financing assistance through any member agency of the Committee; (2) purchase from the private market loans or other debt or equity instruments guaranteed in whole or in part by any member agency of the Committee; and (3) participate in agency loans or loan guarantees in an amount less than 100 percent of the principal amount of financing. (c) Purchase not for resale \nAs directed by the Interagency Committee for the Coordination of National Development Financing Programs in accordance with the National Development Strategy established under section 3(d) of the National Development Strategy and Coordination Act of 2023 , the Bank may, as necessary, purchase not for resale to the private market any loans or other debt or equity instruments described in subsection (b)(2).", "id": "id384a77c8882f484f868fee52ebdb4cb6", "header": "Functions with respect to the Committee" }, { "text": "22. Secondary market operations \nExcept as otherwise provided in the National Development Strategy and Coordination Act of 2023 , obligations purchased by the Bank may be resold in the secondary market in a similar manner to secondary market sales of Treasury notes.", "id": "idf4f82bca9d4349d8801110af50449158", "header": "Secondary market operations" }, { "text": "23. Ombudsman \nThe Board of Directors of the Bank shall designate an official as the Ombudsman who shall— (1) review investments made by the Bank on projects or partnerships identified by the Interagency Committee for the Coordination of National Development Financing Programs; (2) review the risk profiles and performance of any such projects or partnerships; (3) provide oversight relating to any such projects or partnerships; and (4) provide annually to the appropriate congressional committees a report detailing investments made by the Bank in projects or partnerships identified by the Committee described in paragraph (1), the performance of such investments, and any new or existing investments that may present cause for concern regarding the potential of repayment or lack of alignment with strategic directives.", "id": "idde8d63c7116c4a3f945b1f7bee68218a", "header": "Ombudsman" }, { "text": "5. Authorization of appropriations for the Federal Financing Bank \n(a) In general \nThere is authorized to be appropriated to the Federal Financing Bank, to remain available for 10 years after the date of distribution, to carry out projects and partnerships selected by the National Development Strategy established under section 3(d) of this Act— (1) for fiscal year 2024, $5,000,000,000; (2) for fiscal year 2025, $5,000,000,000; (3) for fiscal year 2026, $5,000,000,000; and (4) for fiscal year 2027, $5,000,000,000; (b) Set aside \nNot more than 2 percent of funds appropriated under this section shall be utilized for administrative costs, including the hiring of new staff to oversee and accomplish the functions of the Federal Financing Bank. (c) Sense of Congress \nIt is the sense of Congress that the Federal Financing Bank should use amounts appropriated under this section as soon as possible.", "id": "id24a8005ad3e441c1ba700b8587f63ea6", "header": "Authorization of appropriations for the Federal Financing Bank" }, { "text": "6. Prohibitions and policy \n(a) Prohibition \nNo funding or authorities provided under this Act may be used to support projects or partnerships with any entity of concern. (b) Policies \nNot later than 180 days after the date of enactment of this Act, the Committee shall establish policies to ensure that any support to projects or partnerships provided by the Federal Financing Bank in accordance with this Act— (1) includes assurances that no support provided in such project or partnership shall be used to expand operations in a country of concern; (2) includes protections to ensure against transfer of intellectual property to countries of concern; and (3) includes requirements that any firm participating in a project or partnership funded by this Act disclose any affiliate, parent company, or subsidiary located in a country of concern.", "id": "idf848e248e19d4009a5b373879d6e37fc", "header": "Prohibitions and policy" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Bicycle Commuter Act of 2023.", "id": "HFD348E04197948C3AF6F342AE43440A4", "header": "Short title" }, { "text": "2. Reinstatement and expansion of employer-provided fringe benefits for bicycle commuting \n(a) Repeal of suspension of exclusion for qualified bicycle commuting benefits \nSection 132(f) of the Internal Revenue Code of 1986 is amended by striking paragraph (8). (b) Expansion of bicycle commuting benefits \nSection 132(f)(5)(F) of such Code is amended to read as follows: (F) Definitions related to bicycle commuting benefits \n(i) Qualified bicycle commuting benefit \nThe term qualified bicycle commuting benefit means, with respect to any calendar year— (I) any employer reimbursement during the 15-month period beginning with the first day of such calendar year for reasonable expenses incurred by the employee during such calendar year for the purchase (including associated finance charges), lease, rental (including a bikeshare), improvement, repair, or storage of qualified commuting property, or (II) the direct or indirect provision by the employer to the employee during such calendar year of the use (including a bikeshare), improvement, repair, or storage of qualified commuting property, if the employee regularly uses such qualified commuting property for travel between the employee’s residence, place of employment, a qualified parking facility, or a mass transit facility that connects the employee to their residence or place of employment. (ii) Qualified commuting property \nThe term qualified commuting property means— (I) any bicycle (other than a bicycle equipped with any motor), (II) any electric bicycle, (III) any 2- or 3-wheel scooter (other than a scooter equipped with any motor), and (IV) any 2- or 3-wheel scooter propelled by an electric motor if such motor does not provide assistance if the speed of such scooter exceeds 20 miler per hour (or if the speed of such scooter is not capable of exceeding 20 miles per hour) and the weight of such scooter does not exceed 100 pounds. (iii) Electric bicycle \nThe term electric bicycle means a bicycle which is equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor which is less than 750 watts, designed to provide assistance in propelling the bicycle, and— (I) does not provide such assistance if the bicycle is moving in excess of 20 miler per hour, or (II) if such motor only provides such assistance when the rider is pedaling, does not provide such assistance if the bicycle is moving in excess of 28 miles per hour. (iv) Bikeshare \nThe term bikeshare means a rental operation at which qualified commuting property is made available to customers to pick up and drop off for point-to-point use within a defined geographic area.. (c) Limitation on exclusion \nSection 132(f)(2)(C) of such Code is amended to read as follows: (C) 30 percent of the dollar amount in effect under subparagraph (B) per month in the case of any qualified bicycle commuting benefit.. (d) No constructive receipt \nSection 132(f)(4) of such Code is amended by striking (other than a qualified bicycle commuting reimbursement). (e) Conforming amendments \n(1) Section 132(f)(1)(D) of such Code is amended by striking reimbursement and inserting benefit. (2) Section 274(l) of such Code is amended by striking paragraph (2). (f) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2022.", "id": "H34E02DB751394440AD6A224631B0EABB", "header": "Reinstatement and expansion of employer-provided fringe benefits for bicycle commuting" } ]

[ { "text": "1. Short title \nThis Act may be cited as the 90-Day Review Act.", "id": "S1", "header": "Short title" }, { "text": "2. Limitations on claims \n(a) In general \nSection 139(l) of title 23, United States Code, is amended by striking 150 days each place it appears and inserting 90 days. (b) Conforming amendments \n(1) Section 330(e) of title 23, United States Code, is amended— (A) in paragraph (2)(A), by striking 150 days and inserting 90 days ; and (B) in paragraph (3)(B)(i), by striking 150 days and inserting 90 days. (2) Section 24201(a)(4) of title 49, United States Code, is amended by striking of 150 days.", "id": "idCD09AFA5112A4255A5673B61AD3E3BB9", "header": "Limitations on claims" } ]

[ { "text": "1. Short title \nThis Act may be cited as the No Coyote Cash Act.", "id": "S1", "header": "Short title" }, { "text": "2. Criminal penalty and removability for financing unlawful entry \n(a) In general \nChapter 8 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1321 et seq. ) is amended by inserting after section 274D the following: 274E. Financing unlawful entry \nAny person who transmits money, property, or any item of value through interstate commerce with the intent to finance a violation of section 273, 274, 275, 276, or 277 shall be fined the value of the transmitted money, property, or item of value, imprisoned not more than 1 year, or both.. (b) Inadmissibility \nSection 212(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) ) is amended by adding at the end the following: (J) Financing unlawful entry \nAny alien who has been convicted of, admits having committed, or admits committing acts that constitute the elements of an offense under section 274E is inadmissible.. (c) Deportability \nSection 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(2) ) is amended by adding at the end the following: (G) Financing unlawful entry \nAny alien who has been convicted of, admits having committed, or admits committing acts that constitute the elements of an offense under section 274E is deportable.. (d) Conforming amendment \nThe table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 274D the following: Sec. 274E. Financing unlawful entry..", "id": "id8C9973B8EFD449EAAAEDA9550F54FDB8", "header": "Criminal penalty and removability for financing unlawful entry" }, { "text": "274E. Financing unlawful entry \nAny person who transmits money, property, or any item of value through interstate commerce with the intent to finance a violation of section 273, 274, 275, 276, or 277 shall be fined the value of the transmitted money, property, or item of value, imprisoned not more than 1 year, or both.", "id": "idC8AD98853EC7414A8F69BABEFE950CB8", "header": "Financing unlawful entry" } ]

[ { "text": "1. Short title \nThis Act may be cited as the American Apprenticeship Act.", "id": "H67714CEE1E12425EB7D214EFFD8BD6DF", "header": "Short title" }, { "text": "2. Pre-apprenticeship and qualified apprenticeship programs \n(a) Definitions \nIn this Act: (1) Qualified apprenticeship \nThe term qualified apprenticeship , used with respect to a program, means an apprenticeship program that is— (A) registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ); and (B) concentrated in an industry sector or occupation that represents less than 10 percent of apprenticeable occupations or of the programs under the national apprenticeship system. (2) Postsecondary educational institution \nThe term postsecondary educational institution means an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (3) Pre-apprenticeship \nThe term pre-apprenticeship , used with respect to a program, means an initiative or set of strategies that— (A) is designed to prepare individuals to enter and succeed in a qualified apprenticeship program; (B) is carried out by a sponsor described in paragraph (6)(B) that has a documented partnership with one or more sponsors of qualified apprenticeship programs; and (C) includes each of the following: (i) Training (including a curriculum for the training), aligned with industry standards related to apprenticeships in a qualified apprenticeship program, and reviewed and approved annually by sponsors of such apprenticeships within the documented partnership, that will prepare individuals by teaching the skills and competencies needed to enter one or more qualified apprenticeship programs. (ii) Provision of hands-on training and theoretical education to individuals that— (I) is carried out in a manner that includes proper observation of supervision and safety protocols; and (II) is carried out in a manner that does not displace a paid employee. (iii) A formal agreement with a sponsor of a qualified apprenticeship program that would enable participants who successfully complete the pre-apprenticeship program to enter directly into the qualified apprenticeship program (if a place in the program is available and if the participant meets the qualifications of the qualified apprenticeship program), and includes agreements concerning earning credit recognized by a postsecondary educational institution for skills and competencies acquired during the pre-apprenticeship program. (4) Related instruction \nThe term related instruction means an organized and systematic form of classroom or web-based instruction designed to provide an apprentice with the knowledge of the theoretical and technical subjects related to the occupation of the apprentice or the instruction needed to prepare an individual to enter and succeed in an qualified apprenticeship program. (5) Secretary \nThe term Secretary means the Secretary of Labor. (6) Sponsor \nThe term sponsor means— (A) with respect to a qualified apprenticeship program, an employer, joint labor-management partnership, trade association, professional association, labor organization, or other entity, that administers the qualified apprenticeship program; and (B) with respect to a pre-apprenticeship program, a local educational agency, a secondary school, an area career and technical education school, a State board, a local board, a joint labor-management committee, a labor organization, or a community-based organization, with responsibility for the pre-apprenticeship program. (7) Workforce Innovation and Opportunity Act definitions \nThe terms area career and technical education school , community-based organization , individual with a barrier to employment , local board , local educational agency , secondary school , and State board have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (b) Grants for tuition assistance \n(1) In general \nThe Secretary may make grants to States on a competitive basis to assist the States in, and pay for the Federal share of the cost of, defraying the cost of a pre-apprenticeship, or the cost of related instruction, associated with a qualified apprenticeship program. (2) Application \nTo be eligible to receive a grant under this subsection, a State shall submit an application to the Secretary for such a project at such time, in such manner, and containing a strategic plan that contains such information as the Secretary may require, including— (A) information identifying the State agency (referred to in this Act as the State entity ) that will administer the grant as determined by the Governor of the State; (B) a description of strategies that the State entity will use to collaborate with key industry representatives, State agencies, postsecondary educational institutions, labor-management entities, and other relevant partners to launch or expand pre-apprenticeships for and apprenticeships in qualified apprenticeship programs; (C) a description of how the State entity will— (i) coordinate activities carried out under this subsection with activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ) and the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ) to support pre-apprenticeships for and apprenticeships in qualified apprenticeship programs; (ii) leverage funds provided under the Acts specified in clause (i) to support pre-apprenticeships for and apprenticeships in qualified apprenticeship programs; and (iii) utilize, and encourage individual participants in programs supported under this subsection to utilize, available Federal and State financial assistance, including assistance available under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), education assistance benefits available to veterans, and Federal Pell Grants available under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ), prior to using assistance made available under this Act; (D) a description of strategies to elevate apprenticeships in qualified apprenticeship programs as a workforce solution in nontraditional industries, such as information technology, health care, advanced manufacturing, transportation, and other industries determined to be high-demand by the State board for the State; (E) a description of activities that the State entity will carry out to build awareness about the economic potential of apprenticeships in qualified apprenticeship programs; (F) a description that outlines how the State entity will increase opportunities for pre-apprenticeships for and apprenticeships in qualified apprenticeship programs, among members of minority groups, youth, individuals with disabilities, veterans, and individuals with barriers to employment; (G) a description of— (i) how the State entity will ensure that the qualified apprenticeship program meets certain performance measures and quality standards, including that the qualified apprenticeship program has been in existence for not fewer than 6 months prior to the application date; (ii) the targeted outreach strategies that the State entity will use for populations previously underserved through apprenticeships; and (iii) any State performance measures that the State will use, at the election of the State, to measure the effectiveness of the project; and (H) in the case of a State that has already received a grant under this subsection for a project, information indicating that the State met the performance measures with respect to the project. (3) Application review process \nA joint team of employees from the Department of Labor and the Department of Education shall— (A) review such an application; and (B) make recommendations to the Secretary regarding approval of the application. (4) Use of funds \nA State that receives a grant under this subsection shall use the funds made available through the grant to defray any of the following costs of related instruction: (A) Tuition and fees. (B) Cost of textbooks, equipment, curriculum development, and other required educational materials. (C) Costs of any other item or service determined by the State to be necessary. (5) Administrative costs \nThe State may use not more than 10 percent of the grant funds for administrative costs relating to carrying out the project described in paragraph (1). (6) Performance and evaluation \nThe Secretary, after consultation with the Secretary of Education, shall— (A) establish performance measures based on indicators set by the Administrator of the Office of Apprenticeship of the Department of Labor; and (B) establish an evaluation system aligned with the performance measures, and reporting requirements for the program carried out under this subsection. (c) Federal share \n(1) In general \nThe Federal share of the cost described in subsection (b)(1) shall be not less than 20 percent and not more than 50 percent. (2) Non-Federal share \nThe State may make the non-Federal share available— (A) in cash or in kind, fairly evaluated, including plant, equipment, or services; and (B) directly or through donations from public or private entities. (d) Report \nThe Secretary shall prepare and submit to Congress, not later than September 30, 2028, a report— (1) detailing the results of the evaluation described in subsection (b)(6)(B); and (2) analyzing the extent to which States have used grant funds effectively under this section. (e) Policy of the United States \nIt is the policy of the United States that funds made available under this section should be used to supplement and not supplant other funds available under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ) and other Federal and State funds available to the State to support workforce development programs.", "id": "HE667F2B6AD6445DFB69F5BAD5070BBA0", "header": "Pre-apprenticeship and qualified apprenticeship programs" }, { "text": "3. Identifying in-demand occupations \nThe Secretary shall— (1) identify in-demand occupations nationally and regionally that lack the use of apprenticeships in qualified apprenticeship programs; (2) analyze the use of the qualified apprenticeship program model in those identified in-demand occupations; and (3) prepare and submit to States and Congress a report that contains the analysis described in paragraph (2).", "id": "HC0695CA0F0294C8786E1C333DBAD5CCA", "header": "Identifying in-demand occupations" }, { "text": "4. Authorization of appropriations \nThere is authorized to be appropriated to carry out this Act $15,000,000 for each of fiscal years 2024 through 2029.", "id": "HCA70E951138648AB869450B82A208304", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Protections for Socially Good Activities Act.", "id": "H5AA712CA34B34B65914499985F7D03F6", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Employment relationship \nThe term employment relationship means any type of joint employer relationship, single employer relationship, or other employment-related status or relationship under any of the laws described in section 3(b). (2) Franchisee \nThe term franchisee means a franchisee, as defined— (A) in section 436.1(i) of title 16, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act; or (B) under an applicable State franchise law. (3) Franchisor \nThe term franchisor means a franchisor, as defined— (A) in section 436.1(k) of title 16, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act; or (B) under an applicable State franchise law.", "id": "HF66C1D14A1094429B0EDDF35D8ABEFC9", "header": "Definitions" }, { "text": "3. Safe harbor \n(a) In general \nFor the purposes of each law described in subsection (b), none of the following may be construed, alone or in combination with any other factor, as establishing an employment relationship between a franchisor (or any employee of the franchisor) and a franchisee (or any employee of the franchisee): (1) The franchisor (or any employee of the franchisor) provides the franchisee (or any employee of the franchisee) with, or requires the franchisee (or any employee of the franchisee) to use, a handbook, or other training, on sexual harassment, human trafficking, workplace violence, discrimination, or opportunities for apprenticeships or scholarships. (2) The franchisor (or any employee of the franchisor) requires the franchisee (or any employee of the franchisee) to adopt a policy on sexual harassment, human trafficking, workplace violence, discrimination, opportunities for apprenticeships or scholarships, childcare, or paid leave, including a requirement for the franchisee (or any employee of the franchisee) to report to the franchisor (or any employee of the franchisor) any violations or suspected violations of such policy. (3) The franchisor (or any employee of the franchisor) requires the franchisee (or any employee of the franchisee) to adopt a policy based on the novel coronavirus (referred to in this paragraph as COVID–19 ) pandemic such as the use of personal protective equipment or other policies, or the franchisor (or any employee of the franchisor) provides the franchisee (or any employee of the franchisee) with personal protective equipment or other material goods or compensation to help the franchisee (or any employee of the franchisee) during or due to the COVID–19 pandemic. (b) Laws \nThe laws described in this subsection are each of the following: (1) The National Labor Relations Act ( 29 U.S.C. 151 et seq. ). (2) The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ). (3) The Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ).", "id": "HE8480C5C05A2498B898314663CD53C7A", "header": "Safe harbor" }, { "text": "4. Preemption \nExcept with respect to the definitions of the terms franchisee and franchisor under section 2, this Act shall preempt any State law to the extent that such State law is inconsistent with the provisions of this Act.", "id": "HA02136FF1FC64FF3BFA32258F17381E3", "header": "Preemption" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Filing Relief for Natural Disasters Act.", "id": "H36AD3D6F231D42A3B030A5631D4CA94E", "header": "Short title" }, { "text": "2. Modification of rules for postponing certain deadlines by reason of disaster \n(a) Authority To postpone Federal tax deadlines by reason of State-Declared disasters \nSection 7508A of the Internal Revenue Code of 1986 is amended by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively, and by inserting after subsection (b) the following new subsection: (c) Special rule for State-Declared disasters \n(1) In general \nUpon the written request of the Governor of a State (or the Mayor, in the case of the District of Columbia) in which an emergency or disaster has been declared under State law, subsection (a) shall apply to such State-declared emergency or disaster in the same manner as such subsection applies to federally declared disasters. (2) State \nFor purposes of this section, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.. (b) Mandatory extensions extended to 120 days \nSection 7508A(e) of such Code, as redesignated by subsection (a), is amended— (1) by striking 60 days in paragraph (1)(B) thereof and inserting 120 days , (2) by striking 60-day in paragraph (6) thereof and inserting 120-day , and (3) by striking 60 -day in the heading and inserting 120 -day. (c) Effective date \nThe amendments made by this section shall apply to declarations made after the date of the enactment of this Act.", "id": "H5454F473AE5B43B880C0E1DF73CD2206", "header": "Modification of rules for postponing certain deadlines by reason of disaster" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Born-Alive Abortion Survivors Protection Act.", "id": "H45F36B8633D24E1994F9DB7955FA9C51", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) If an abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of the United States, and entitled to all the protections of such laws. (2) Any infant born alive after an abortion or within a hospital, clinic, or other facility has the same claim to the protection of the law that would arise for any newborn, or for any person who comes to a hospital, clinic, or other facility for screening and treatment or otherwise becomes a patient within its care.", "id": "HB1715CE2108A41299381237E9D3F80E2", "header": "Findings" }, { "text": "3. Born-alive infants protection \n(a) Requirements pertaining to born-Alive abortion survivors \nChapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following: 1532. Requirements pertaining to born-alive abortion survivors \n(a) Requirements for health care practitioners \nIn the case of an abortion or attempted abortion that results in a child born alive: (1) Degree of care required; immediate admission to a hospital \nAny health care practitioner present at the time the child is born alive shall— (A) exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age; and (B) following the exercise of skill, care, and diligence required under subparagraph (A), ensure that the child born alive is immediately transported and admitted to a hospital. (2) Mandatory reporting of violations \nA health care practitioner or any employee of a hospital, a physician’s office, or an abortion clinic who has knowledge of a failure to comply with the requirements of paragraph (1) shall immediately report the failure to an appropriate State or Federal law enforcement agency, or to both. (b) Penalties \n(1) In general \nWhoever violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. (2) Intentional killing of child born alive \nWhoever intentionally performs or attempts to perform an overt act that kills a child born alive described under subsection (a), shall be punished as under section 1111 of this title for intentionally killing or attempting to kill a human being. (c) Bar to prosecution \nThe mother of a child born alive described under subsection (a) may not be prosecuted for a violation of this section, an attempt to violate this section, a conspiracy to violate this section, or an offense under section 3 or 4 of this title based on such a violation. (d) Civil remedies \n(1) Civil action by a woman on whom an abortion is performed \nIf a child is born alive and there is a violation of subsection (a), the woman upon whom the abortion was performed or attempted may, in a civil action against any person who committed the violation, obtain appropriate relief. (2) Appropriate relief \nAppropriate relief in a civil action under this subsection includes— (A) objectively verifiable money damage for all injuries, psychological and physical, occasioned by the violation of subsection (a); (B) statutory damages equal to 3 times the cost of the abortion or attempted abortion; and (C) punitive damages. (3) Attorney’s fee for plaintiff \nThe court shall award a reasonable attorney’s fee to a prevailing plaintiff in a civil action under this subsection. (4) Attorney’s fee for defendant \nIf a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff. (e) Definitions \nIn this section the following definitions apply: (1) Abortion \nThe term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device— (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability, to produce a live birth and preserve the life and health of the child born alive; or (ii) to remove a dead unborn child. (2) Attempt \nThe term attempt , with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion. (3) Born alive \nThe term born alive has the meaning given that term in section 8 of title 1, United States Code (commonly known as the Born-Alive Infants Protection Act ).. (b) Conforming amendments \n(1) The table of sections for chapter 74 of title 18, United States Code, is amended by adding at the end the following: 1532. Requirements pertaining to born-alive abortion survivors.. (2) The chapter heading for chapter 74 of title 18, United States Code, is amended by striking Partial-Birth Abortions and inserting Abortions. (3) The table of chapters for part I of title 18, United States Code, is amended by striking the item relating to chapter 74 and inserting the following: 74. Abortion 1531.", "id": "H91B06B8A9E1943039EC70B6A83724E40", "header": "Born-alive infants protection" }, { "text": "1532. Requirements pertaining to born-alive abortion survivors \n(a) Requirements for health care practitioners \nIn the case of an abortion or attempted abortion that results in a child born alive: (1) Degree of care required; immediate admission to a hospital \nAny health care practitioner present at the time the child is born alive shall— (A) exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age; and (B) following the exercise of skill, care, and diligence required under subparagraph (A), ensure that the child born alive is immediately transported and admitted to a hospital. (2) Mandatory reporting of violations \nA health care practitioner or any employee of a hospital, a physician’s office, or an abortion clinic who has knowledge of a failure to comply with the requirements of paragraph (1) shall immediately report the failure to an appropriate State or Federal law enforcement agency, or to both. (b) Penalties \n(1) In general \nWhoever violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. (2) Intentional killing of child born alive \nWhoever intentionally performs or attempts to perform an overt act that kills a child born alive described under subsection (a), shall be punished as under section 1111 of this title for intentionally killing or attempting to kill a human being. (c) Bar to prosecution \nThe mother of a child born alive described under subsection (a) may not be prosecuted for a violation of this section, an attempt to violate this section, a conspiracy to violate this section, or an offense under section 3 or 4 of this title based on such a violation. (d) Civil remedies \n(1) Civil action by a woman on whom an abortion is performed \nIf a child is born alive and there is a violation of subsection (a), the woman upon whom the abortion was performed or attempted may, in a civil action against any person who committed the violation, obtain appropriate relief. (2) Appropriate relief \nAppropriate relief in a civil action under this subsection includes— (A) objectively verifiable money damage for all injuries, psychological and physical, occasioned by the violation of subsection (a); (B) statutory damages equal to 3 times the cost of the abortion or attempted abortion; and (C) punitive damages. (3) Attorney’s fee for plaintiff \nThe court shall award a reasonable attorney’s fee to a prevailing plaintiff in a civil action under this subsection. (4) Attorney’s fee for defendant \nIf a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff. (e) Definitions \nIn this section the following definitions apply: (1) Abortion \nThe term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device— (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability, to produce a live birth and preserve the life and health of the child born alive; or (ii) to remove a dead unborn child. (2) Attempt \nThe term attempt , with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion. (3) Born alive \nThe term born alive has the meaning given that term in section 8 of title 1, United States Code (commonly known as the Born-Alive Infants Protection Act ).", "id": "H294BE29C8194412A901573BA20EF0ECC", "header": "Requirements pertaining to born-alive abortion survivors" }, { "text": "4. Effective date \nThis Act shall take effect one day after the date of enactment.", "id": "id058229FC67554A86A2917EB6634E98D4", "header": "Effective date" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Chiropractic Medicare Coverage Modernization Act of 2023.", "id": "H4A4D8BA889C54091A475AB2CCFB30135", "header": "Short title" }, { "text": "2. Findings; Statement of purpose \n(a) Findings \nCongress finds the following: (1) In 1972, coverage was established under the Medicare program for beneficiaries to receive chiropractic care. (2) Unfortunately, the antiquated statute restricts beneficiaries to one service in a chiropractic clinic and Medicare chiropractic coverage has not kept up with private sector coverage and other federal health delivery systems. (3) Today, due to positive evidence-based outcomes and cost effectiveness of the services provided by doctors of chiropractic, private coverage for chiropractic services has evolved and State licensure for chiropractors has advanced to meet patient needs and health outcomes. (4) This Act would bring Medicare chiropractic coverage more in line with that provided with the Department of Veterans Affairs, Department of Defense, the Federal Employee Health Benefits Program, and private health insurance coverage. (b) Purpose \nIt is the purpose of this Act to expand recognition and coverage of a doctor of chiropractic as a physician under the Medicare program in connection with the performance of any function or action, including current service of manual manipulation of the spine to correct a subluxation , as is legally authorized by the State in which such doctor performs such function or action.", "id": "HCEC82C95F3664CB3BA9DEB4ABD053419", "header": "Findings; Statement of purpose" }, { "text": "3. Providing Medicare coverage for all physicians’ services furnished by doctors of chiropractic within the scope of their license \n(a) In general \nSection 1861(r)(5) of the Social Security Act ( 42 U.S.C. 1395x(r)(5) ) is amended by striking a chiropractor who is licensed as such by the State (or in a State which does not license chiropractors as such, is legally authorized to perform the services of a chiropractor in the jurisdiction in which he performs such services), and who meets uniform minimum standards promulgated by the Secretary, but only for the purpose of sections 1861(s)(1) and 1861(s)(2)(A) and only with respect to treatment by means of manual manipulation of the spine (to correct a subluxation) which he is legally authorized to perform by the State or jurisdiction in which such treatment is provided and inserting a doctor of chiropractic who is licensed as a doctor of chiropractic or a chiropractor by the State in which the function or action is performed and whose license provides legal authorization to perform such function or action in such State or in the jurisdiction in which the function or action is performed. (b) Certain coverage limits \nSection 1833 of the Social Security Act ( 42 U.S.C. 1395l ) is amended by adding at the end the following new subsection: (ee) Limitation on payment of services provided by certain doctors of chiropractic \nNotwithstanding any other provision of this part, in the case of services of a doctor of chiropractic described in section 1861(r)(5), payment may only be made under this part for such services if— (1) such services are furnished by a doctor of chiropractic who is verified once, by a process designed by the Secretary, as attending an educational documentation webinar, or other similar electronic product, designed by the Secretary or an updated modified version of such webinar, as designed by the Secretary; or (2) such services are treatment by means of manual manipulation of the spine to correct a subluxation..", "id": "H63BC741C16024D5D84798AA951AE2E49", "header": "Providing Medicare coverage for all physicians’ services furnished by doctors of chiropractic within the scope of their license" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Require Evaluation before Implementing Executive Wishlists Act of 2023 or the REVIEW Act of 2023.", "id": "H0361E7E265414ED580F5D3F8C21D739C", "header": "Short title" }, { "text": "2. Relief pending review \nSection 705 of title 5, United States Code, is amended— (1) by striking When and inserting the following: (a) In general \nWhen ; and (2) by adding at the end the following: (b) High-Impact rules \n(1) Definitions \nIn this subsection— (A) the term Administrator means the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget; and (B) the term high-impact rule means any rule that the Administrator determines may impose an annual cost on the economy of not less than $1,000,000,000. (2) Identification \nA final rule may not be published or take effect until— (A) the agency making the rule submits the rule to the Administrator; and (B) the Administrator makes a determination as to whether the rule is a high-impact rule, which shall be published by the agency with the final rule. (3) Relief \n(A) In general \nExcept as provided in subparagraph (B), an agency shall postpone the effective date of a high-impact rule of the agency until the final disposition of all actions seeking judicial review of the rule. (B) Failure to timely seek judicial review \nNotwithstanding section 553(d), if no person seeks judicial review of a high-impact rule— (i) during any period explicitly provided for judicial review under the statute authorizing the making of the rule; or (ii) if no such period is explicitly provided for, during the 60-day period beginning on the date on which the high-impact rule is published in the Federal Register, the high-impact rule may take effect as early as the date on which the applicable period ends. (4) Rule of construction \nNothing in this subsection may be construed to impose any limitation under law on any court against the issuance of any order enjoining the implementation of any rule..", "id": "H30663B0DC4D94BFFAFCD9145A0F032D9", "header": "Relief pending review" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Hurricane Tax Relief Act.", "id": "S1", "header": "Short title" }, { "text": "2. Tax relief related to Hurricane Ian, Hurricane Nicole, and Hurricane Fiona \n(a) Definitions \nFor purposes of this section— (1) Hurricane Ian disaster area \nThe term Hurricane Ian disaster area means an area with respect to which a major disaster has been declared by the President before the date of the enactment of this section under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Ian. (2) Hurricane Nicole disaster area \nThe term Hurricane Nicole disaster area means an area with respect to which a major disaster has been declared by the President before the date of the enactment of this section under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Nicole. (3) Hurricane Fiona disaster area \nThe term Hurricane Fiona disaster area means an area with respect to which a major disaster has been declared by the President before the date of the enactment of this section under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Fiona. (b) Special rules for qualified disaster-Related personal casualty losses \n(1) In general \nIf an individual has a net disaster loss for any taxable year— (A) the amount determined under section 165(h)(2)(A)(ii) of the Internal Revenue Code of 1986 shall be equal to the sum of— (i) such net disaster loss, and (ii) so much of the excess referred to in the matter preceding clause (i) of section 165(h)(2)(A) of such Code (reduced by the amount in clause (i) of this subparagraph) as exceeds 10 percent of the adjusted gross income of the individual, (B) in the case of qualified disaster-related personal casualty losses, section 165(h)(1) of such Code shall be applied to by substituting $500 for $500 ($100 for taxable years beginning after December 31, 2009) , (C) the standard deduction determined under section 63(c) of such Code shall be increased by the net disaster loss, and (D) section 56(b)(1)(E) of such Code shall not apply to so much of the standard deduction as is attributable to the increase under subparagraph (C) of this paragraph. (2) Net disaster loss \nFor purposes of this subsection, the term net disaster loss means the excess of qualified disaster-related personal casualty losses over personal casualty gains (as defined in section 165(h)(3)(A) of the Internal Revenue Code of 1986). (3) Qualified disaster-related personal casualty losses \nFor purposes of this subsection, the term qualified disaster-related personal casualty losses means losses described in section 165(c)(3) of the Internal Revenue Code of 1986— (A) which arise in the Hurricane Ian disaster area on or after September 23, 2022, and which are attributable to Hurricane Ian, (B) which arise in the Hurricane Nicole disaster area on or after November 7, 2022, and which are attributable to Hurricane Nicole, or (C) which arise in the Hurricane Fiona disaster area on or after September 17, 2022, and which are attributable to Hurricane Fiona. (c) Application to Puerto Rico \n(1) In general \nThe Secretary of the Treasury shall pay to Puerto Rico amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of Puerto Rico by reason of the provisions of this section if a mirror code tax system had been in effect in Puerto Rico. The preceding sentence shall not apply with respect to Puerto Rico unless Puerto Rico has a plan, which has been approved by the Secretary of the Treasury, under which Puerto Rico will promptly distribute such payments to its residents. (2) Definition and special rules \n(A) Mirror code tax system \nFor purposes of this subsection, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (B) Treatment of payments \nFor purposes of section 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (C) Coordination with United States income taxes \nIn the case of any person with respect to whom a tax benefit is taken into account with respect to the taxes imposed by any possession of the United States by reason of this section, the Internal Revenue Code of 1986 shall be applied with respect to such person without regard to the provisions of this section which provide such benefit.", "id": "id0db9d143f4124bb3968226f00bac3996", "header": "Tax relief related to Hurricane Ian, Hurricane Nicole, and Hurricane Fiona" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Re-using Equipment for Environmental Fortification Act of 2023 or the REEF Act of 2023.", "id": "HED785F27741340388EA87BE69C63C024", "header": "Short title" }, { "text": "2. Congressional notification of pending action to strike from the Naval Vessel Register naval vessels that are viable candidates for artificial reefing \n(a) Sense of Congress \nIt is the sense of Congress that the Secretary of the Navy should explore and solicit artificial reefing opportunities with appropriate entities for any naval vessel planned for retirement before initiating any plans to dispose of the vessel. (b) Notification \nNot later than 90 days before the date on which a naval vessel that is a viable candidate for artificial reefing is to be stricken from the Naval Vessel Register, the Secretary of the Navy shall notify Congress of such pending action.", "id": "H8887E952CA4F41E08EFF625B575CC609", "header": "Congressional notification of pending action to strike from the Naval Vessel Register naval vessels that are viable candidates for artificial reefing" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act.", "id": "idcc856b1ddf1c471aa03c5979ec799248", "header": "Short title" }, { "text": "2. Banning insider trading in Congress \n(a) In general \nChapter 131 of title 5, United States Code, is amended by adding at the end the following: IV Banning insider trading in Congress \n13161. Definitions \nIn this subchapter: (1) Covered financial instrument \n(A) In general \nThe term covered financial instrument means— (i) any investment in— (I) a security (as defined in section 3(a) of Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )); (II) a security future (as defined in that section); or (III) a commodity (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )); and (ii) any economic interest comparable to an interest described in clause (i) that is acquired through synthetic means, such as the use of a derivative, including an option, warrant, or other similar means. (B) Exclusions \nThe term covered financial instrument does not include— (i) a diversified mutual fund; (ii) a diversified exchange-traded fund; (iii) a United States Treasury bill, note, or bond; or (iv) compensation from the primary occupation of a spouse or dependent of a Member of Congress. (2) Member of Congress \nThe term Member of Congress has the meaning given the term in section 13101. (3) Qualified blind trust \nThe term qualified blind trust has the meaning given the term in section 13104(f). (4) Supervising ethics committee \nThe term supervising ethics committee means, as applicable— (A) the Select Committee on Ethics of the Senate; and (B) the Committee on Ethics of the House of Representatives. 13162. Prohibition on certain transactions and holdings involving covered financial instruments \n(a) Prohibition \nExcept as provided in subsection (b), a Member of Congress, or any spouse of a Member of Congress, may not, during the term of service of the Member of Congress, hold, purchase, or sell any covered financial instrument. (b) Exceptions \nThe prohibition under subsection (a) shall not apply to— (1) a sale by a Member of Congress, or a spouse of a Member of Congress, that is completed by the date that is— (A) for a Member of Congress serving on the date of enactment of the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act , 180 days after that date of enactment; and (B) for any Member of Congress who commences service as a Member of Congress after the date of enactment of the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act , 180 days after the first date of the initial term of service; or (2) a covered financial instrument held in a qualified blind trust operated on behalf of, or for the benefit of, the Member of Congress or spouse of the Member of Congress. (c) Penalties \n(1) Disgorgement \nA Member of Congress shall disgorge to the Treasury of the United States any profit from a transaction or holding involving a covered financial instrument that is conducted in violation of this section. (2) Fines \nA Member of Congress who holds or conducts a transaction involving, or whose spouse holds or conducts a transaction involving, a covered financial instrument in violation of this section may be subject to a civil fine assessed by the supervising ethics committee under section 13164. 13163. Certification of compliance \n(a) In general \nNot less frequently than annually, each Member of Congress shall submit to the applicable supervising ethics committee a written certification that the Member of Congress has achieved compliance with the requirements of this subchapter. (b) Publication \nThe supervising ethics committees shall publish each certification submitted under subsection (a) on a publicly available website. 13164. Authority of supervising ethics committees \n(a) In general \nThe supervising ethics committees may implement and enforce the requirements of this subchapter, including by— (1) issuing— (A) for Members of Congress— (i) rules governing that implementation; and (ii) 1 or more reasonable extensions to achieve compliance with this subchapter, if the supervising ethics committee determines that a Member of Congress is making a good faith effort to divest any covered financial instruments; and (B) guidance relating to covered financial instruments; (2) publishing on the internet certifications submitted by Members of Congress under section 13163(a); and (3) assessing civil fines against any Member of Congress who is in violation of this subchapter, subject to subsection (b). (b) Requirements for civil fines \n(1) In general \nBefore imposing a fine pursuant to this section, a supervising ethics committee shall provide to the applicable Member of Congress— (A) a written notice describing each covered financial instrument transaction for which a fine will be assessed; and (B) an opportunity, with respect to each such covered financial instrument transaction— (i) for a hearing; and (ii) to achieve compliance with the requirements of this subchapter. (2) Publication \nEach supervising ethics committee shall publish on a publicly available website a description of— (A) each fine assessed by the supervising ethics committee pursuant to this section; (B) the reasons why each such fine was assessed; and (C) the result of each assessment, including any hearing under paragraph (1)(B)(i) relating to the assessment. (3) Appeal \nA Member of Congress may appeal the assessment of a fine under this section to a vote on the floor of the Senate or the House of Representatives, as applicable, as a privileged motion. 13165. Audit by Government Accountability Office \nNot later than 2 years after the date of enactment of the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act , the Comptroller General of the United States shall— (1) conduct an audit of the compliance by Members of Congress with the requirements of this subchapter; and (2) submit to the supervising ethics committees a report describing the results of the audit conducted under paragraph (1).. (b) Conforming amendments \n(1) Section 13103(f) of title 5, United States Code, is amended— (A) in paragraph (9), by striking as defined in section 13101 of this title ; (B) in paragraph (10), by striking as defined in section 13101 of this title ; (C) in paragraph (11), by striking as defined in section 13101 of this title ; and (D) in paragraph (12), by striking as defined in section 13101 of this title. (2) Section 3(4)(D) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602(4)(D) ) is amended by striking legislative branch employee serving in a position described under section 13101(13) of title 5, United States Code and inserting officer or employee of Congress (as defined in section 13101 of title 5, United States Code). (3) The table of sections for chapter 131 of title 5, United States Code, is amended by adding at the end the following: SUBCHAPTER IV—Banning insider trading in Congress 13161. Definitions. 13162. Prohibition on certain transactions and holdings involving covered financial instruments. 13163. Certification of compliance. 13164. Authority of supervising ethics committees. 13165. Audit by Government Accountability Office..", "id": "id69EE7B4A3A804F339FEF5DF1FA91CFEE", "header": "Banning insider trading in Congress" }, { "text": "13161. Definitions \nIn this subchapter: (1) Covered financial instrument \n(A) In general \nThe term covered financial instrument means— (i) any investment in— (I) a security (as defined in section 3(a) of Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )); (II) a security future (as defined in that section); or (III) a commodity (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )); and (ii) any economic interest comparable to an interest described in clause (i) that is acquired through synthetic means, such as the use of a derivative, including an option, warrant, or other similar means. (B) Exclusions \nThe term covered financial instrument does not include— (i) a diversified mutual fund; (ii) a diversified exchange-traded fund; (iii) a United States Treasury bill, note, or bond; or (iv) compensation from the primary occupation of a spouse or dependent of a Member of Congress. (2) Member of Congress \nThe term Member of Congress has the meaning given the term in section 13101. (3) Qualified blind trust \nThe term qualified blind trust has the meaning given the term in section 13104(f). (4) Supervising ethics committee \nThe term supervising ethics committee means, as applicable— (A) the Select Committee on Ethics of the Senate; and (B) the Committee on Ethics of the House of Representatives.", "id": "id67a63ee06986481bbd5c2b35de16ccbd", "header": "Definitions" }, { "text": "13162. Prohibition on certain transactions and holdings involving covered financial instruments \n(a) Prohibition \nExcept as provided in subsection (b), a Member of Congress, or any spouse of a Member of Congress, may not, during the term of service of the Member of Congress, hold, purchase, or sell any covered financial instrument. (b) Exceptions \nThe prohibition under subsection (a) shall not apply to— (1) a sale by a Member of Congress, or a spouse of a Member of Congress, that is completed by the date that is— (A) for a Member of Congress serving on the date of enactment of the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act , 180 days after that date of enactment; and (B) for any Member of Congress who commences service as a Member of Congress after the date of enactment of the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act , 180 days after the first date of the initial term of service; or (2) a covered financial instrument held in a qualified blind trust operated on behalf of, or for the benefit of, the Member of Congress or spouse of the Member of Congress. (c) Penalties \n(1) Disgorgement \nA Member of Congress shall disgorge to the Treasury of the United States any profit from a transaction or holding involving a covered financial instrument that is conducted in violation of this section. (2) Fines \nA Member of Congress who holds or conducts a transaction involving, or whose spouse holds or conducts a transaction involving, a covered financial instrument in violation of this section may be subject to a civil fine assessed by the supervising ethics committee under section 13164.", "id": "idB57EBDB2A5B442A8B6AAE1DED54E6142", "header": "Prohibition on certain transactions and holdings involving covered financial instruments" }, { "text": "13163. Certification of compliance \n(a) In general \nNot less frequently than annually, each Member of Congress shall submit to the applicable supervising ethics committee a written certification that the Member of Congress has achieved compliance with the requirements of this subchapter. (b) Publication \nThe supervising ethics committees shall publish each certification submitted under subsection (a) on a publicly available website.", "id": "id2ab6956343674d66af0f8d6a9957e30a", "header": "Certification of compliance" }, { "text": "13164. Authority of supervising ethics committees \n(a) In general \nThe supervising ethics committees may implement and enforce the requirements of this subchapter, including by— (1) issuing— (A) for Members of Congress— (i) rules governing that implementation; and (ii) 1 or more reasonable extensions to achieve compliance with this subchapter, if the supervising ethics committee determines that a Member of Congress is making a good faith effort to divest any covered financial instruments; and (B) guidance relating to covered financial instruments; (2) publishing on the internet certifications submitted by Members of Congress under section 13163(a); and (3) assessing civil fines against any Member of Congress who is in violation of this subchapter, subject to subsection (b). (b) Requirements for civil fines \n(1) In general \nBefore imposing a fine pursuant to this section, a supervising ethics committee shall provide to the applicable Member of Congress— (A) a written notice describing each covered financial instrument transaction for which a fine will be assessed; and (B) an opportunity, with respect to each such covered financial instrument transaction— (i) for a hearing; and (ii) to achieve compliance with the requirements of this subchapter. (2) Publication \nEach supervising ethics committee shall publish on a publicly available website a description of— (A) each fine assessed by the supervising ethics committee pursuant to this section; (B) the reasons why each such fine was assessed; and (C) the result of each assessment, including any hearing under paragraph (1)(B)(i) relating to the assessment. (3) Appeal \nA Member of Congress may appeal the assessment of a fine under this section to a vote on the floor of the Senate or the House of Representatives, as applicable, as a privileged motion.", "id": "id2feecdf73eec43938e3d8015112b1492", "header": "Authority of supervising ethics committees" }, { "text": "13165. Audit by Government Accountability Office \nNot later than 2 years after the date of enactment of the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act , the Comptroller General of the United States shall— (1) conduct an audit of the compliance by Members of Congress with the requirements of this subchapter; and (2) submit to the supervising ethics committees a report describing the results of the audit conducted under paragraph (1).", "id": "idc275a7bd9a14452a9be1ec0c04d73755", "header": "Audit by Government Accountability Office" } ]

[ { "text": "1. Dessie A. Bebout Post Office \n(a) Designation \nThe facility of the United States Postal Service located at 112 Wyoming Street in Shoshoni, Wyoming, shall be known and designated as the Dessie A. Bebout 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 Dessie A. Bebout Post Office.", "id": "S1", "header": "Dessie A. Bebout Post Office" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Agriculture Innovation Act of 2023.", "id": "S1", "header": "Short title" }, { "text": "2. Data on conservation and other production practices \nSubtitle E of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3841 et seq. ) is amended by adding at the end the following: 1248. Data on conservation and other production practices \n(a) Purpose \nThe purpose of this section is to improve conservation outcomes, increase agricultural productivity and resilience, and accelerate the development of carbon and other ecosystem service markets by collecting, analyzing, and providing data— (1) to better understand how covered conservation practices and suites of covered conservation practices and other production practices impact farm, ranch, and other working land productivity and profitability (such as crop yields, soil health, and other risk-reducing factors); (2) to support the measurement and quantification of ecosystem services provided by working land, such as carbon sequestration, water filtration, and habitat, that result from covered conservation practices and other production practices; and (3) to improve the implementation of Department programs to optimize productivity, profitability, and ecological benefits. (b) Definitions \nIn this section: (1) Covered conservation practice \nThe term covered conservation practice means a specific conservation practice or enhancement that is designed to protect soil health, farm and ranch productivity, or both (including the protection of wildlife habitat) while maintaining or enhancing crop yields in an economically sustainable manner (including such a conservation practice or enhancement that is supported by the Department or used independently by a producer), as determined by the Secretary. (2) Department \nThe term Department means the Department of Agriculture. (3) Other production practice \nThe term other production practice means a practice used to produce a crop or livestock, including pest control, nutrient management, manure management, water and irrigation management, seed, feed and nutrition, and crop residue management. (c) Data collection, review, analysis, and technical assistance \nThe Secretary, acting through the 1 or more applicable Under Secretaries that head mission areas relating to farm and ranch productivity and conservation, in coordination with the Chief Data Officer of the Department, the Chief Economist, and the Under Secretary for Research, Education, and Economics, shall carry out the following activities: (1) Identify in the data inventory maintained by the Secretary under section 3511 of title 44, United States Code, data relating to the impacts of covered conservation practices and other production practices on enhancing crop yields, soil health, and ecosystem services, reducing risk, and improving farm, ranch, and other working land profitability generated or collected by the Department, including the Farm Service Agency, the Risk Management Agency, the Natural Resources Conservation Service, the National Agricultural Statistics Service, the Economic Research Service, the Forest Service, and any other relevant agency, as determined by the Secretary. (2) Collect or acquire, using other authorities of the Secretary, and using technology and a modernized survey system, to the greatest extent practicable, or another appropriate method, any additional producer data, baseline data, or other data relating to the impacts of covered conservation practices and other production practices on enhancing crop yields, soil health, and ecosystem services, reducing risk, and improving farm, ranch, and other working land profitability necessary to achieve the purpose described in subsection (a), ensuring that data is collected from all types and sizes of operations. (3) Ensure that producer data identified or collected under paragraph (1) or (2) are collected in a compatible format that is machine-readable (as defined in section 3502 of title 44, United States Code) at the field- and farm-level and in a manner that places the lowest practicable burden on producers and improves the interoperability of the data collected by the Department for the purposes of this section and optimizes the interoperability, to the extent practicable, with data relating to conservation practices generated by other organizations and other activities of the Department. (4) Establish procedures for producers to voluntarily provide supplemental data that may be useful in statistical activities (as defined in section 311 of title 5, United States Code) and activities to build evidence (as defined in that section) of the impacts of covered conservation practices on— (A) enhancing crop yields, soil health, and ecosystem services; (B) reducing risk; and (C) improving farm, ranch, and other working land profitability. (5) Integrate, collate, and link, to the greatest extent practicable, data identified or collected under this subsection with other government or nongovernmental data sources that include crop yields, soil health, covered conservation practices, and other production practices. (6) Establish a conservation and farm productivity secure data center designed to carry out the purposes of this section that ensures the security, privacy, and integrity of data. (7) Make available data through the secure data center established under paragraph (6) to academic institutions and researchers that meet the user permission requirements described in subsection (d)(2)(A) for the provision of technical assistance. (8) Analyze, consistent with the scientific integrity policy of the Department, the data identified or collected under this subsection to consider the impacts of covered conservation practices and other production practices on enhancing crop yields, soil health, and ecosystem services and improving farm, ranch, and other working land profitability. (9) Use the results of the analyses under paragraph (8) to improve the implementation of Department programs to increase productivity, profitability, and ecological benefits of farm, ranch, and other working land, including relating to issues identified in the evidence-building plan of the Department required under section 312 of title 5, United States Code. (10) Promptly make available on the public-facing component of the secure data center established under paragraph (6) the research, analysis, evaluation products, and other information generated in carrying out this section (including open Government data assets (as defined in section 3502 of title 44, United States Code), to the extent permissible by law)— (A) that demonstrates the impacts of covered conservation practices and other production practices on enhancing crop yields, soil health, and ecosystem services, reducing risk, and improving farm, ranch, and other working land profitability; and (B) in a manner that is easily accessed by producers, researchers, and other stakeholders. (d) Secure agricultural data center establishment \n(1) In general \nThe Secretary may enter into 1 or more agreements with 1 or more academic institutions, organizations, government agencies, or other experts determined necessary by the Secretary to provide technical assistance, expertise, and technology infrastructure, as needed, to develop the secure data center under subsection (c)(6). (2) Requirement to modernize data security, storage, and access \n(A) In general \nIn establishing the secure data center described in paragraph (1), the Secretary shall use industry-standard data security protocols and user permissions to protect the security and confidentiality of proprietary producer data while automating and standardizing data collection, storage, and sharing, to the greatest extent practicable, for the purpose of carrying out this section and encouraging agriculture innovation. (B) Additional requirements \nIn carrying out subparagraph (A), the Secretary shall establish procedures for the operation and use of the secure data center that includes— (i) prohibiting the sale of any individual or identifiable producer data; (ii) requiring any published research to release only aggregated data, consistent with best practices for disclosure avoidance and reducing the risk of re-identification; and (iii) periodically consulting with experts and stakeholders to consider necessary modifications to security protocols or confidentiality protections for identifiable data accessed or maintained by the secure data center and improvements to access for approved users. (e) Producer tools \n(1) In general \nNot later than 3 years after the date of enactment of this section, the Secretary shall provide technical assistance, including through internet-based tools, based on the analysis conducted in carrying out this section and other sources of relevant data, to assist producers in improving sustainable production practices that increase yields and enhance environmental outcomes. (2) Internet-based tools \nInternet-based tools described in paragraph (1) shall provide to producers, to the greatest extent practicable— (A) confidential data specific to each farm or ranch of the producer; and (B) general data relating to the impacts of covered conservation practices on enhancing crop yields, soil health, and otherwise reducing risk and improving farm and ranch profitability. (f) Effect on privacy protection laws \nNothing in this section affects the applicability to this section of— (1) section 1770; (2) section 1619 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8791 ); (3) section 502(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(c) ); (4) section 552a of title 5, United States Code; or (5) any other applicable privacy law that protects personally identifiable information of producers. (g) Reporting \nNot later than 1 year after the date of enactment of this section, and each year thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that includes— (1) a summary of the analysis conducted under this section; (2) the number and regions of producers that voluntarily provided data under subsection (c)(4); (3) a description of any additional or new activities planned to be conducted under this section in the next fiscal year, including— (A) research relating to any additional conservation practices; (B) any new types of data to be collected; (C) any improved or streamlined data collection efforts associated with this section; and (D) any new research projects; and (4) in the case of the first 2 reports submitted under this subsection, a description of the current status of the implementation of activities under subsection (c). (h) Funding and administration \nThe Secretary shall use the existing funds and authorities of the Department to carry out this section. (i) Effect \nNothing in this section authorizes the Secretary to compel a producer— (1) to provide data to the Department; or (2) to receive technical assistance..", "id": "id4fc2ba7e64534adca2e474f555502087", "header": "Data on conservation and other production practices" }, { "text": "1248. Data on conservation and other production practices \n(a) Purpose \nThe purpose of this section is to improve conservation outcomes, increase agricultural productivity and resilience, and accelerate the development of carbon and other ecosystem service markets by collecting, analyzing, and providing data— (1) to better understand how covered conservation practices and suites of covered conservation practices and other production practices impact farm, ranch, and other working land productivity and profitability (such as crop yields, soil health, and other risk-reducing factors); (2) to support the measurement and quantification of ecosystem services provided by working land, such as carbon sequestration, water filtration, and habitat, that result from covered conservation practices and other production practices; and (3) to improve the implementation of Department programs to optimize productivity, profitability, and ecological benefits. (b) Definitions \nIn this section: (1) Covered conservation practice \nThe term covered conservation practice means a specific conservation practice or enhancement that is designed to protect soil health, farm and ranch productivity, or both (including the protection of wildlife habitat) while maintaining or enhancing crop yields in an economically sustainable manner (including such a conservation practice or enhancement that is supported by the Department or used independently by a producer), as determined by the Secretary. (2) Department \nThe term Department means the Department of Agriculture. (3) Other production practice \nThe term other production practice means a practice used to produce a crop or livestock, including pest control, nutrient management, manure management, water and irrigation management, seed, feed and nutrition, and crop residue management. (c) Data collection, review, analysis, and technical assistance \nThe Secretary, acting through the 1 or more applicable Under Secretaries that head mission areas relating to farm and ranch productivity and conservation, in coordination with the Chief Data Officer of the Department, the Chief Economist, and the Under Secretary for Research, Education, and Economics, shall carry out the following activities: (1) Identify in the data inventory maintained by the Secretary under section 3511 of title 44, United States Code, data relating to the impacts of covered conservation practices and other production practices on enhancing crop yields, soil health, and ecosystem services, reducing risk, and improving farm, ranch, and other working land profitability generated or collected by the Department, including the Farm Service Agency, the Risk Management Agency, the Natural Resources Conservation Service, the National Agricultural Statistics Service, the Economic Research Service, the Forest Service, and any other relevant agency, as determined by the Secretary. (2) Collect or acquire, using other authorities of the Secretary, and using technology and a modernized survey system, to the greatest extent practicable, or another appropriate method, any additional producer data, baseline data, or other data relating to the impacts of covered conservation practices and other production practices on enhancing crop yields, soil health, and ecosystem services, reducing risk, and improving farm, ranch, and other working land profitability necessary to achieve the purpose described in subsection (a), ensuring that data is collected from all types and sizes of operations. (3) Ensure that producer data identified or collected under paragraph (1) or (2) are collected in a compatible format that is machine-readable (as defined in section 3502 of title 44, United States Code) at the field- and farm-level and in a manner that places the lowest practicable burden on producers and improves the interoperability of the data collected by the Department for the purposes of this section and optimizes the interoperability, to the extent practicable, with data relating to conservation practices generated by other organizations and other activities of the Department. (4) Establish procedures for producers to voluntarily provide supplemental data that may be useful in statistical activities (as defined in section 311 of title 5, United States Code) and activities to build evidence (as defined in that section) of the impacts of covered conservation practices on— (A) enhancing crop yields, soil health, and ecosystem services; (B) reducing risk; and (C) improving farm, ranch, and other working land profitability. (5) Integrate, collate, and link, to the greatest extent practicable, data identified or collected under this subsection with other government or nongovernmental data sources that include crop yields, soil health, covered conservation practices, and other production practices. (6) Establish a conservation and farm productivity secure data center designed to carry out the purposes of this section that ensures the security, privacy, and integrity of data. (7) Make available data through the secure data center established under paragraph (6) to academic institutions and researchers that meet the user permission requirements described in subsection (d)(2)(A) for the provision of technical assistance. (8) Analyze, consistent with the scientific integrity policy of the Department, the data identified or collected under this subsection to consider the impacts of covered conservation practices and other production practices on enhancing crop yields, soil health, and ecosystem services and improving farm, ranch, and other working land profitability. (9) Use the results of the analyses under paragraph (8) to improve the implementation of Department programs to increase productivity, profitability, and ecological benefits of farm, ranch, and other working land, including relating to issues identified in the evidence-building plan of the Department required under section 312 of title 5, United States Code. (10) Promptly make available on the public-facing component of the secure data center established under paragraph (6) the research, analysis, evaluation products, and other information generated in carrying out this section (including open Government data assets (as defined in section 3502 of title 44, United States Code), to the extent permissible by law)— (A) that demonstrates the impacts of covered conservation practices and other production practices on enhancing crop yields, soil health, and ecosystem services, reducing risk, and improving farm, ranch, and other working land profitability; and (B) in a manner that is easily accessed by producers, researchers, and other stakeholders. (d) Secure agricultural data center establishment \n(1) In general \nThe Secretary may enter into 1 or more agreements with 1 or more academic institutions, organizations, government agencies, or other experts determined necessary by the Secretary to provide technical assistance, expertise, and technology infrastructure, as needed, to develop the secure data center under subsection (c)(6). (2) Requirement to modernize data security, storage, and access \n(A) In general \nIn establishing the secure data center described in paragraph (1), the Secretary shall use industry-standard data security protocols and user permissions to protect the security and confidentiality of proprietary producer data while automating and standardizing data collection, storage, and sharing, to the greatest extent practicable, for the purpose of carrying out this section and encouraging agriculture innovation. (B) Additional requirements \nIn carrying out subparagraph (A), the Secretary shall establish procedures for the operation and use of the secure data center that includes— (i) prohibiting the sale of any individual or identifiable producer data; (ii) requiring any published research to release only aggregated data, consistent with best practices for disclosure avoidance and reducing the risk of re-identification; and (iii) periodically consulting with experts and stakeholders to consider necessary modifications to security protocols or confidentiality protections for identifiable data accessed or maintained by the secure data center and improvements to access for approved users. (e) Producer tools \n(1) In general \nNot later than 3 years after the date of enactment of this section, the Secretary shall provide technical assistance, including through internet-based tools, based on the analysis conducted in carrying out this section and other sources of relevant data, to assist producers in improving sustainable production practices that increase yields and enhance environmental outcomes. (2) Internet-based tools \nInternet-based tools described in paragraph (1) shall provide to producers, to the greatest extent practicable— (A) confidential data specific to each farm or ranch of the producer; and (B) general data relating to the impacts of covered conservation practices on enhancing crop yields, soil health, and otherwise reducing risk and improving farm and ranch profitability. (f) Effect on privacy protection laws \nNothing in this section affects the applicability to this section of— (1) section 1770; (2) section 1619 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8791 ); (3) section 502(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(c) ); (4) section 552a of title 5, United States Code; or (5) any other applicable privacy law that protects personally identifiable information of producers. (g) Reporting \nNot later than 1 year after the date of enactment of this section, and each year thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that includes— (1) a summary of the analysis conducted under this section; (2) the number and regions of producers that voluntarily provided data under subsection (c)(4); (3) a description of any additional or new activities planned to be conducted under this section in the next fiscal year, including— (A) research relating to any additional conservation practices; (B) any new types of data to be collected; (C) any improved or streamlined data collection efforts associated with this section; and (D) any new research projects; and (4) in the case of the first 2 reports submitted under this subsection, a description of the current status of the implementation of activities under subsection (c). (h) Funding and administration \nThe Secretary shall use the existing funds and authorities of the Department to carry out this section. (i) Effect \nNothing in this section authorizes the Secretary to compel a producer— (1) to provide data to the Department; or (2) to receive technical assistance.", "id": "id3B8395FABD444E33BD37CE643C180FB3", "header": "Data on conservation and other production practices" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Veterans Border Patrol Training Act.", "id": "id5A6D083F9A3545A5A57E9A24B0B46D13", "header": "Short title" }, { "text": "2. Border Patrol Skillbridge Pilot Program \n(a) Establishment \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in collaboration with the Secretary of Defense and the Secretary of Veterans Affairs, shall establish an interdepartmental pilot program through which the Department of Homeland Security shall use the Department of Defense SkillBridge Program to train and hire transitioning servicemembers as Border Patrol agents for U.S. Customs and Border Protection. (b) Employment skills training \nIn carrying out the pilot program established pursuant to subsection (a), the Secretary of Homeland Security, in collaboration with the Secretary of Defense, shall use the authorities available under section 1143 of title 10, United States Code, to train and facilitate the transition of members of the armed forces to service as Border Patrol agents.", "id": "id1758875238124a11aa08e1facf149dba", "header": "Border Patrol Skillbridge Pilot Program" }, { "text": "3. Annual reports \nNot later than 1 year after the pilot program is established pursuant to section 2(a), and annually thereafter until the date referred to in section 4, the Secretary of Homeland Security, in consultation with the Secretary of Defense and the Secretary of Veterans Affairs, shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Armed Services of the Senate , the Committee on Veterans' Affairs of the Senate , the Committee on Homeland Security of the House of Representatives , the Committee on Armed Services of the House of Representatives , and the Committee on Veterans’ Affairs of the House of Representatives that includes for the reporting period— (1) the number of participants in the pilot program; (2) the number of eligible participants who applied to be part of the pilot program; and (3) the number of pilot program participants who are— (A) members the Armed Forces; (B) reserve members of the Armed Forces; (C) commissioned officers or non-commissioned officers; (D) enlisted members of the Armed Forces; (E) veterans; (F) spouses of such members of the Armed Forces or veterans; and (G) dependents of such members of the Armed Forces or veterans.", "id": "id359c71896c3342ac857ca145980b595c", "header": "Annual reports" }, { "text": "4. Sunset date \nThe pilot program established pursuant to section 2 shall be terminated on the date that is 5 years after the date on which such program is established.", "id": "id03417dff3f1a40c5bad634fb3d919f6e", "header": "Sunset date" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Protect Taxpayers’ Privacy Act.", "id": "S1", "header": "Short title" }, { "text": "2. Increase of penalty for unauthorized disclosure of taxpayer information \n(a) In general \nParagraph (1) of section 7213(a) of the Internal Revenue Code of 1986 is amended by striking $5,000 and inserting $250,000. (b) Disclosures by tax return preparers \nSubsection (a) of section 7216 of the Internal Revenue Code of 1986 is amended by striking $1,000 ($100,000 in the case of a disclosure or use to which section 6713(b) applies) and inserting $250,000. (c) Effective date \nThe amendments made by this section shall apply to disclosures made on or after the date of the enactment of this Act.", "id": "id148546FFF3784748A6BFAB87FBD0B296", "header": "Increase of penalty for unauthorized disclosure of taxpayer information" }, { "text": "3. Removal \n(a) In general \nSection 7701(c)(1)(A) of title 5, United States Code, is amended by inserting or in the case of an action involving a removal from the service for an alleged violation of section 7213(a)(1) of the Internal Revenue Code of 1986, after described in section 4303,. (b) Rule of construction \nThe amendments made by subsection (a) may not be construed to permit an officer or employee of the United States to submit an appeal to the Merit Systems Protection Board if that individual is dismissed from office or discharged from employment upon conviction for a violation of section 7213(a)(1) of the Internal Revenue Code of 1986.", "id": "idEFFF2C31745E433CADA49C6758C36F79", "header": "Removal" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the ISA Student Protection 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. Effective date. TITLE I—New consumer protections specific to income share agreements Sec. 101. Prohibition on acceleration; treatment of early completion mechanisms. Sec. 102. Consumer protections for educational income share agreements. Sec. 103. Discharge protections for ISA recipients. Sec. 104. Limitation on amounts treated as income under educational ISAs. TITLE II—Tax treatment of income share agreements Sec. 201. Tax treatment. TITLE III—Disclosures applicable to income share agreements Sec. 301. Disclosures. Sec. 302. Required disclosures for income share agreements. Sec. 303. Additional requirements for educational ISAs. Sec. 304. Advertising of income share agreements. TITLE IV—Other clarifications to support ISA programs Sec. 401. Treatment under securities laws. Sec. 402. Treatment under bankruptcy laws. Sec. 403. Consent to continuing release of taxpayer information under educational ISAs and income share agreements. Sec. 404. Interplay with the Higher Education Act of 1965. TITLE V—Applying existing consumer protections to income share agreements Sec. 501. Equal access to income share agreements. Sec. 502. Prohibition on requiring preauthorized electronic fund transfers under the Electronic Fund Transfer Act. Sec. 503. Treatment under the Fair Credit Reporting Act. Sec. 504. Treatment under the Fair Debt Collection Practices Act. Sec. 505. Treatment of educational income share agreements for purposes of Military Lending Act. Sec. 506. Treatment under the Servicemembers Civil Relief Act. Sec. 507. Preservation of consumers’ claims and defenses. TITLE VI—Relation to other laws Sec. 601. Treatment under other laws. Sec. 602. Relation to State law. TITLE VII—Enforcement and reporting Sec. 701. Enforcement. Sec. 702. Reporting requirement for the Bureau of Consumer Financial Protection.", "id": "S1", "header": "Short title; table of contents" }, { "text": "2. Definitions \nIn this Act: (1) Adverse action \nThe term adverse action — (A) means a denial or revocation of rights under an income share agreement, a change in the terms of an existing income share agreement, or a refusal to grant an income share agreement in substantially the amount or on substantially the terms requested; and (B) does not include a refusal to extend additional disbursements or amounts financed under an income share agreement under an existing income share agreement arrangement if— (i) the applicant is delinquent or otherwise in default; or (ii) such additional amounts would exceed a previously established limit on the amount financed. (2) Amount financed \nThe term amount financed means, with respect to an income share agreement, the amounts credited or advanced by the ISA provider to the ISA recipient or on behalf of the ISA recipient. (3) Annual percentage rate \nThe term annual percentage rate means the annual percentage rate described in section 1026.22(a) of title 12, Code of Federal Regulations. (4) Applicant \nThe term applicant means, with respect to an income share agreement, any individual who applies to an ISA provider directly or indirectly for an extension, renewal, or continuation of an income share agreement and includes applications for an additional amount exceeding a previously established limit on the amount financed. (5) Bureau \nThe term Bureau means the Bureau of Consumer Financial Protection. (6) Comparable loan \nThe term comparable loan means, with respect to an income share agreement, a loan that— (A) has an amount financed, as described in section 1026.18(b) of title 12, Code of Federal Regulations, that is equal to the total amount financed, as defined in paragraph (2), for the income share agreement; (B) has— (i) the same disbursements or financing dates, payment start date, and frequency of payments as the income share agreement; and (ii) an expected number of payments equal to the ISA maximum number of payments; and (C) is fully amortized over the ISA duration, with substantially equal periodic payments of principal and interest. (7) Consumer \nThe term consumer means a natural person using an income share agreement for personal, family, or household purposes. (8) Consumer protection regulation \nThe term consumer protection regulation means a regulation that the Bureau is authorized to prescribe under Federal consumer financial law, as defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 ). (9) Covered educational institution \nThe term covered educational institution — (A) means— (i) an educational institution that would be an institution of higher education, if such determination was made without regard to the institution's accreditation status; and (ii) an institution-affiliated organization, as defined in section 151 of the Higher Education Act of 1965 ( 20 U.S.C. 1019 ); and (B) includes an agent, officer, or employee of the institution of higher education or institution-affiliated organization. (10) Date of the ISA \nThe term date of the ISA means the date that is the later of— (A) the date on which the income share agreement is signed by the ISA recipient and the ISA provider; or (B) the date on which the income share agreement is accepted by the ISA recipient and the ISA provider. (11) Director \nThe term Director means the Director of the Bureau. (12) Disbursement \nThe term disbursement , when used with respect to an income share agreement, means the advance of ISA financing to an ISA recipient or the advancing of ISA financing to a third party on the ISA recipient’s behalf. (13) Educational ISA; educational income share agreement \nThe term educational ISA or educational income share agreement — (A) means an income share agreement that— (i) is not made, insured, or guaranteed under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) or another federally subsidized educational finance program; (ii) pays amounts to, or on behalf of, the ISA recipient for— (I) costs associated with a postsecondary training program, or any other program designed to increase the individual’s human capital, employability, or earning potential (and not limited to programs eligible to participate under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. )); (II) any personal expenses (such as books, supplies, transportation, and living costs) incurred by the individual while enrolled in a program described in subclause (I); (III) any other costs or expenses included in the definition of a qualified higher education expense , as defined in section 529(e)(3)(A) of the Internal Revenue Code of 1986; and (IV) the refinancing of loans or income share agreements used for the purposes described in subclauses (I) through (III), and without regard as to whether the income share agreement is provided by the educational institution that the ISA recipient attends; and (B) does not include a loan, open-end credit, or any loan or income share agreement that is secured by real property or a dwelling. (14) Education loan \nThe term education loan means— (A) a loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) or any other loan made, insured, or guaranteed by the Federal Government; or (B) a private education loan, as such term is defined in section 140(a) of the Truth in Lending Act ( 15 U.S.C. 1650(a) ). (15) Income \nThe term income means the ISA Recipient’s income, as established in the income share agreement under section 302(d)(8), subject to section 104. (16) Income share agreement \n(A) In general \nThe term income share agreement means a financial product whereby— (i) (I) the ISA provider credits or advances financing to the ISA recipient or to a third party on behalf of the ISA recipient; or (II) if the ISA provider is a merchant financing the sale of goods or services to the ISA recipient via the financial product, the ISA provider credits the amount financed toward the purchase of such goods or services; (ii) the ISA recipient is obligated to make periodic ISA payments (if any become due) to the ISA provider in the future calculated based upon and determined by the ISA recipient’s future income; (iii) the ISA recipient’s obligation to make payments (if any become due) to the ISA provider is conditional on the ISA recipient’s income exceeding the income threshold set in the income share agreement; (iv) there is an ISA duration after which the obligation is complete regardless of how much has been paid (as long as the ISA recipient has paid any prior amounts due); (v) the ISA provider and the ISA recipient enter into an agreement that, as of the date of the ISA, includes each element described in clauses (i) through (iv); and (vi) the agreement states that it is an income share agreement and subject to this Act. (B) Special rule \nIf a provider offers a financial product that meets the requirements of clauses (i) through (v) but does not include the statement described in clause (vi), then the financial product is not an income share agreement and shall be considered credit. (17) Income threshold \nThe term income threshold means a fixed dollar amount that is the minimum income per payment period that an ISA recipient is required to earn before the ISA recipient is required to make a payment on an income share agreement for such payment period. (18) 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 ). (19) ISA duration \nThe term ISA duration means the maximum length of time during which the income of an ISA recipient can be subject to an ISA payment (absent periods of payment relief pause at the request of the ISA recipient). (20) ISA financing \nThe term ISA financing means the disbursement of funds by an ISA provider under an income share agreement. (21) ISA maximum number of payments \nThe term ISA maximum number of payments means the maximum number of ISA payments (during ISA payment periods in which the ISA recipient’s income is greater than the income threshold) that an ISA recipient could be required to make. (22) ISA payment \nThe term ISA payment — (A) means the amount of an ISA recipient’s periodic payment obligation, based on the terms of the income share agreement, during any payment period for which the ISA recipient's income is greater than the income threshold; and (B) is calculated using the ISA payment calculation method, based on the ISA recipient’s income for the specified period. (23) ISA payment calculation method \nThe term ISA payment calculation method means the ISA percentage, or the schedule of fixed dollar amounts based on the ISA recipient’s income for a payment period, that is used to calculate an ISA recipient’s ISA payment under the income share agreement. (24) ISA payment window \nThe ISA payment window means the period during which the ISA recipient is required to make ISA payments in periods where the ISA recipient's income is greater than the income threshold for the income share agreement. (25) ISA percentage \nThe term ISA percentage means a percentage of income (or schedule of percentages of income based on the ISA recipient's income in a given ISA payment period) used to calculate an ISA recipient’s ISA payment pursuant to an income share agreement. (26) ISA provider \nThe term ISA provider means a person that provides financing to an ISA recipient pursuant to an income share agreement or, in the case of a person who is a merchant financing the sale of goods or services to the ISA recipient, the merchant. (27) ISA recipient \nThe term ISA recipient means a consumer that receives financing from an ISA provider pursuant to an income share agreement. (28) Loan \nThe term loan means a financial product that— (A) is credit, as defined in section 1026.2(a) of title 12, Code of Federal Regulations; (B) is not an income share agreement; and (C) involves the advance of a sum of money to a borrower under an obligation to repay the principal with a corresponding right to defer payment of the principal balance with or without interest. (29) Loan comparison \nThe term loan comparison means the comparison table required under section 302(d)(9). (30) Payment relief pause \nThe term payment relief pause means a period of time that— (A) is requested by the ISA recipient during which any payment obligation the ISA recipient would have is suspended; and (B) does not count toward an ISA recipient’s ISA payment window or ISA maximum number of payments. (31) Person \nThe term person means a natural person or an organization, including a corporation, partnership, proprietorship, association, cooperative, estate, trust, or government unit. (32) Poverty line \nThe term poverty line has the meaning given the term in section 673 of the Community Services Block Grant Act ( 42 U.S.C. 9902 ). (33) Secretary \nThe term Secretary means the Secretary of Education. (34) State \nThe term State means the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. (35) State law \nThe term State law means— (A) any law, decision, rule, regulation, or other action having the effect of a law of any State or any political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State; and (B) any law of the United States applicable only to the District of Columbia.", "id": "ide82c36a12ca04c8f966cc1df85949f44", "header": "Definitions" }, { "text": "3. Effective date \nThis Act, and the amendments made by this Act, shall take effect on the date that is 180 days after the date of enactment of this Act.", "id": "id893598E52C41457A84D9199E8E000036", "header": "Effective date" }, { "text": "101. Prohibition on acceleration; treatment of early completion mechanisms \n(a) No acceleration \n(1) In general \nAn ISA provider shall not include any mechanism in an income share agreement that accelerates an amount against an ISA recipient in the event of a default under the income share agreement. (2) Effect of acceleration clause \nAny agreement with an acceleration mechanism described in paragraph (1) shall, for purposes of all Federal law, be treated as credit under Federal law and shall not be treated as an income share agreement. (b) No impact on early completion mechanisms \nNotwithstanding subsection (a)— (1) an income share agreement may contain an early completion provision that allows the ISA recipient to terminate the income share agreement prior to any trigger terminating further obligations under the income share agreement (such as a total cap on payments due to the ISA provider or other rights to partially or fully terminate further obligations under the income share agreement) if the early completion provision is optional to the ISA recipient and within the ISA recipient’s control; and (2) such early completion mechanism shall not be treated as a form of acceleration prohibited under subsection (a), an early completion penalty, or a prepayment penalty.", "id": "id6e139dac3f044688ba99bd00a5a3f180", "header": "Prohibition on acceleration; treatment of early completion mechanisms" }, { "text": "102. Consumer protections for educational income share agreements \n(a) Monthly payment affordability for educational ISAs \n(1) Maximum ISA income obligation for educational ISAs \nAn ISA provider shall not enter into an educational ISA with an ISA recipient if the ISA recipient would be committing more than a total of 20 percent of the student's future income toward the payment of such educational ISA and all other educational ISAs of the ISA recipient. (2) Self-certification \nIn calculating the portion of a student's future income for purposes of this subsection, the ISA provider may rely on a self-certification from the ISA recipient regarding the ISA recipient’s outstanding educational ISAs, as of the date of the agreement. (3) Calculation methodology and requirements \n(A) In general \nFor the purposes of calculating the portion of an ISA recipient's future income that would be consumed by the educational ISA for which the ISA recipient has applied and all other educational ISAs of the ISA recipient as of the date of the agreement, the ISA provider shall calculate the aggregate future burden— (i) in any case where the income threshold of the educational ISA is less than the maximum described in subparagraph (B), at hypothetical future income levels from such income threshold to such maximum, in increments of $10,000; and (ii) in any case where the income threshold of the educational ISA is equal to or greater than such maximum, at such income threshold. (B) Maximum \nThe maximum described in this subparagraph shall be the greater of— (i) (I) for fiscal year 2023, $70,000; or (ii) for fiscal year 2024 and each subsequent fiscal year, the maximum for the preceding fiscal year— (I) increased by the percentage increase in the consumer price index; and (II) rounded to the nearest $1,000; and (iii) in the case of an ISA recipient who has (as of the date of the agreement), or has applied for, an educational ISA that uses a schedule of income percentages or a schedule of fixed amounts as the ISA payment calculation method, the highest income level referenced by a schedule for any such educational ISA. (C) Calculation \n(i) In general \nThe terms of an educational ISA for which the ISA recipient has applied cannot cause the student’s aggregate future burden (defined as the total amounts expected to be due under all educational ISAs of the ISA recipient as of the date of the agreement, and all educational ISAs for which the ISA recipient is applying) to exceed the limit in paragraph (1) at any of the income increments described in subparagraph (A). (ii) Calculation method \nFor the purpose of calculating the percentage burden of an educational ISA at a given future income level, the ISA provider shall, as applicable, use— (I) the income percentage that would be applicable for the educational ISA at such income level; or (II) the fixed amount applicable for the educational ISA at such income level, divided by such income level. (4) Protections during periods of low earnings \n(A) In general \nThe educational ISA shall provide that when an ISA recipient has an income that is equal to or below the income threshold of the educational ISA, the ISA payment obligation is zero dollars. (B) Threshold amount \nThe income threshold for an educational ISA shall be an amount such that the difference between the ISA recipient’s income for the payment period, minus the subtraction of any ISA obligation, is not less than 200 percent of the poverty line for a single person (as defined in section 673 of the Community Services Block Grant Act ( 42 U.S.C. 9902 )), prorated for the payment period. (5) Required payment relief pauses \nAn educational ISA shall offer not less than 3 months of voluntary payment relief pauses (as long as the ISA recipient’s current income at the time of requesting the payment relief pause is equal to or less than 400 percent of the poverty line) for a single individual) for every 30 income-determined payments required under the educational ISA. (b) Ensuring appropriate risk sharing for educational ISAs \nThe payments required under an educational ISA for an individual with income during the payment term that is less than or equal to 300 percent of the poverty line for a single individual, prorated for the payment period, shall not exceed the payments on a comparable loan that bears interest at a rate less than or equal to one-half of the annual percentage rate of interest limitation under section 987(b) of title 10, United States Code. (c) Limits on duration of educational ISA obligation \n(1) ISA maximum number of payments \nThe ISA maximum number of payments shall not exceed 240 monthly payments. (2) ISA duration \nThe ISA duration of an educational ISA shall not exceed 360 months (except in the case of an extension requested by the ISA recipient). (d) Non-Interference \nAn educational ISA shall not be construed to give the contract holder any rights over an individual’s actions other than as provided in this Act.", "id": "idde9cb679014b48539685fe15e6837f8d", "header": "Consumer protections for educational income share agreements" }, { "text": "103. Discharge protections for ISA recipients \n(a) Permanent and total disability \nIn any case where an ISA recipient would be deemed totally and permanently disabled for purposes of benefits administered by the Department of Veterans Affairs or the Social Security Administration (determined without regard to whether the recipient receives such benefits), all further obligations of the ISA recipient under the income share agreement shall terminate, except those accruing before the date such a determination would apply. (b) Death \nUpon the death of an ISA recipient, all further obligations of the ISA recipient under the income share agreement shall terminate, except those obligations accruing before the ISA recipient’s date of death.", "id": "id67058d53faa5420d8e61fec9fff6b5c9", "header": "Discharge protections for ISA recipients" }, { "text": "104. Limitation on amounts treated as income under educational ISAs \n(a) In general \nFor purposes of calculating the obligation of an ISA recipient to make ISA payments under an educational ISA, the income of the ISA recipient shall not include— (1) the income of any child or dependent of the ISA recipient; (2) any item of income which is not included in the gross income of the ISA recipient; (3) any amount received from an individual retirement plan (as defined in section 7701 of the Internal Revenue Code of 1986), a pension, or an annuity; or (4) any social security benefit (as defined in section 86 of such Code). (b) Estimating income \n(1) In general \nIn the event that an ISA recipient fails to provide income documentation as reasonably required by the income share agreement, an ISA provider may assign an amount of income to the participant and compute the monthly payment amount for the participant by any of the following methods, to the extent disclosed in the income share agreement: (A) Assigning an income amount obtained from a reasonably reliable third party or a consumer reporting agency, as defined in section 603(f) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(f) ). (B) If the participant previously provided income documentation or has had an income assigned in the preceding 1-year period, assuming that such income has increased by up to 10 percent, but such increase may not be applied more than once per 1-year period. (C) Contacting the employer of the participant, or any person or entity reasonably believed to be the employer of the participant, to obtain, verify, or update the income information of the participant. (D) Contacting the State revenue department or the Internal Revenue Service to obtain the most recent information available about the income of the participant. (E) For educational ISA providers, in any case where the ISA provider has no prior history of income information from the participant, assigning a reasonable qualified income based on— (i) the median income for individuals working in the profession for which the educational program of the participant was intended to prepare the participant, as determined by information published by the Bureau of Labor Statistics or other reasonably reliable publicly available data sources; or (ii) the median income of participants who attended the same or a reasonably comparable covered educational program or course of study, as determined by information published by the Bureau of Labor Statistics or other reasonably reliable publicly available data sources. (2) Notification \nIf an ISA provider assigns an income to the income share agreement of a participant, the ISA provider— (A) shall notify the participant in the monthly billing statement, and in each billing statement thereafter while the assigned income remains applicable to the income share agreement of the participant, that income has been assigned and of the rights of the participant under this section; (B) in any tax year for which the ISA provider has made an assumption about an individual’s income using any of the methods described in paragraph (1) and if the participant has authorized ongoing access to the participant’s return information under section 403, shall request such information in each year of the payment term; (C) if the participant does provide income information as reasonably required by the income share agreement within 1 year of the date on which the ISA provider notified the participant that assigned income shall be applied to the income share agreement or if the ISA provider receives updated income information through return information authorized under section 403, then, within 15 days after the date on which the ISA provider receives such information, shall— (i) update each prior instance in which assigned income was applied using such new income information; and (ii) reconcile any difference in amounts owed by the participant based on those updates to prior income; and (D) if the participant provides income information more than 1 year after the ISA provider first assigned income to the income share agreement of the participant, may, but shall not be obligated to, update each prior instance in which assigned income was applied using the income information provided by the participant. (3) Records retention \nAn ISA provider that assigns income to an income share agreement shall retain all applicable records relating to the method and data sources used to make such estimation for 3 years after the end of that income share agreement.", "id": "id3978BD7602C74989BCDE864F07607311", "header": "Limitation on amounts treated as income under educational ISAs" }, { "text": "201. Tax treatment \n(a) In general \nSubchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: XII Rules relating to qualified educational income sharing agreements \nSec. 293. Rules related to qualified educational ISAs. 293. Rules related to qualified educational ISAs \n(a) In general \nFor purposes of this title, an educational ISA shall not be treated as indebtedness. (b) Treatment of ISA recipient \n(1) Income exclusion \nIn the case of an individual— (A) In general \nGross income shall not include so much of the amount received under an educational ISA as does not exceed amounts paid or credited to such individual under such qualified educational ISA for costs and expenses described in section 2(13)(A)(ii)(II) of the ISA Student Protection Act of 2023. (B) Difference in payments \nIn any case in which the amount provided to the individual under the educational ISA exceeds the total payments made by the individual under the educational ISA, gross income shall not include the amount of such excess. (2) Certain amounts treated as interest on qualified education loans \n(A) In general \nFor purposes of section 221, the amount described in subparagraph (B) with respect to any educational ISA shall be treated as interest paid by the taxpayer during the taxable year on a qualified education loan. (B) Amount described \nThe amount described in this subparagraph with respect to any educational ISA is, for any taxable year, the excess of— (i) amounts paid by the taxpayer to another person under the terms of a qualified educational ISA during such taxable year, over (ii) the excess of— (I) the aggregate amount received under such qualified educational ISA during such taxable year and all preceding taxable years, over (II) the aggregate amounts paid by the taxpayer to another person under the terms of such qualified educational ISA during all preceding taxable years. (3) Amounts treated as educational assistance \nFor purposes of section 127(c)(1)(B), amounts paid by an employer in satisfaction of obligations of an employee under a qualified educational ISA shall be treated in the same manner as a payment of principal or interest on a qualified education loan. (c) Treatment of ISA funder \nGross income shall not include so much of any amount received as a payment from a recipient under an educational ISA funded by the taxpayer as does not exceed the excess of— (1) the aggregate amount of financing provided by the taxpayer under such educational ISA, over (2) the aggregate amount of such payments taken into account under this subsection by the taxpayer for all preceding taxable years. (d) Definitions \nFor purposes of this section— (1) Educational ISA \nThe term educational ISA has the meaning given such term under section 2 of the ISA Student Protection Act of 2023. (2) Qualified educational ISA \nThe term qualified educational ISA means an educational ISA that is extended for expenses at an institution of higher education that participates in a student financial assistance program under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ).. (b) Conforming amendment \nThe table of parts for subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: PART XII—Rules relating to qualified educational income sharing agreements.", "id": "id596DD2DB237B4928A38AB58696001A0D", "header": "Tax treatment" }, { "text": "293. Rules related to qualified educational ISAs \n(a) In general \nFor purposes of this title, an educational ISA shall not be treated as indebtedness. (b) Treatment of ISA recipient \n(1) Income exclusion \nIn the case of an individual— (A) In general \nGross income shall not include so much of the amount received under an educational ISA as does not exceed amounts paid or credited to such individual under such qualified educational ISA for costs and expenses described in section 2(13)(A)(ii)(II) of the ISA Student Protection Act of 2023. (B) Difference in payments \nIn any case in which the amount provided to the individual under the educational ISA exceeds the total payments made by the individual under the educational ISA, gross income shall not include the amount of such excess. (2) Certain amounts treated as interest on qualified education loans \n(A) In general \nFor purposes of section 221, the amount described in subparagraph (B) with respect to any educational ISA shall be treated as interest paid by the taxpayer during the taxable year on a qualified education loan. (B) Amount described \nThe amount described in this subparagraph with respect to any educational ISA is, for any taxable year, the excess of— (i) amounts paid by the taxpayer to another person under the terms of a qualified educational ISA during such taxable year, over (ii) the excess of— (I) the aggregate amount received under such qualified educational ISA during such taxable year and all preceding taxable years, over (II) the aggregate amounts paid by the taxpayer to another person under the terms of such qualified educational ISA during all preceding taxable years. (3) Amounts treated as educational assistance \nFor purposes of section 127(c)(1)(B), amounts paid by an employer in satisfaction of obligations of an employee under a qualified educational ISA shall be treated in the same manner as a payment of principal or interest on a qualified education loan. (c) Treatment of ISA funder \nGross income shall not include so much of any amount received as a payment from a recipient under an educational ISA funded by the taxpayer as does not exceed the excess of— (1) the aggregate amount of financing provided by the taxpayer under such educational ISA, over (2) the aggregate amount of such payments taken into account under this subsection by the taxpayer for all preceding taxable years. (d) Definitions \nFor purposes of this section— (1) Educational ISA \nThe term educational ISA has the meaning given such term under section 2 of the ISA Student Protection Act of 2023. (2) Qualified educational ISA \nThe term qualified educational ISA means an educational ISA that is extended for expenses at an institution of higher education that participates in a student financial assistance program under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ).", "id": "id7464830EF50D4413A9AA345CCAA73B3F", "header": "Rules related to qualified educational ISAs" }, { "text": "301. Disclosures \nThe following disclosures shall be provided to ISA recipients: (1) In general \nAn ISA provider (regardless of whether the ISA provided is an educational ISA) shall provide, to any individual that applies for or signs an income share agreement, a written document that clearly and simply discloses the information required by this Act. (2) Application \nThe provisions of this title shall not apply to— (A) income share agreements primarily for business, commercial, or agricultural purposes; (B) government or governmental agencies or instrumentalities; (C) organizations; or (D) transactions for which the Bureau, by rule, determines that coverage under the provisions of this title are not necessary to carry out the purposes of this title. (3) Regulations \nNot later than 270 days after the date of enactment of this Act, the Bureau shall prescribe regulations to carry out the purposes of this title, which may contain such additional requirements, classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for all or any class of transactions, as in the judgment of the Bureau are necessary or proper to effectuate the purposes of this title, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. (4) Model disclosure forms and clauses \n(A) In general \nNot later than 270 days after the date of enactment of this Act, the Bureau shall publish a model integrated disclosure for educational ISAs and a model integrated disclosure for income share agreements generally in order to facilitate compliance with the disclosure requirements of this Act and aid ISA recipients in understanding the transaction by utilizing readily understandable language to simplify the technical nature of the disclosures. (B) Consideration \nIn devising the disclosure forms required under subparagraph (A), the Bureau shall consider the use by ISA providers of data processing or similar automated equipment. (C) Rule of construction \nNothing in this title may be construed to require an ISA provider to use any model form or clause published by the Bureau under this section. (D) Compliance \nAn ISA provider shall be deemed to be in compliance with the disclosure provisions of this title with respect to other than numerical disclosures if the ISA provider— (i) uses any appropriate model form or clause as published by the Bureau under this section; or (ii) uses any such model form or clause and changes the form or clause by— (I) deleting any information that is not required under this title; or (II) rearranging the format, if in making such deletion or rearranging the format, the ISA provider does not affect the substance, clarity, or meaningful sequence of the disclosure. (5) Procedures applicable for adoption of model forms and clauses \nModel disclosure forms and clauses under this section shall be adopted by the Bureau after notice duly given in the Federal Register and an opportunity for public comment in accordance with section 553 of title 5, United States Code. (6) Effective dates of regulations containing new disclosure requirements \n(A) In general \nAny regulation of the Bureau, or any amendment or interpretation thereof, requiring any disclosure which differs from the disclosures previously required by this title or any regulation of the Bureau promulgated under this title shall have an effective date of that October 1 which follows by not less than 6 months the date of promulgation, except that the Bureau may at its discretion take interim action by regulation, amendment, or interpretation to lengthen the period of time permitted for ISA providers to adjust their forms to accommodate new requirements or shorten the length of time for ISA providers to make such adjustments when the ISA provider makes a specific finding that such action is necessary to comply with the findings of a court or to prevent unfair or deceptive disclosure practices. (B) Compliance \nNotwithstanding subparagraph (A), any ISA provider may comply with any such newly promulgated disclosure requirements prior to the effective date of the requirements. (7) Deference \nNotwithstanding any power granted to any Federal agency under this Act, the deference that a court affords to the Bureau with respect to a determination made by the Bureau relating to the meaning or interpretation of any provision of this Act, shall be applied as if the Bureau were the only agency authorized to apply, enforce, interpret, or administer the provisions of this Act.", "id": "id1f804e291b5940b2a24555b7a71c8bed", "header": "Disclosures" }, { "text": "302. Required disclosures for income share agreements \n(a) Disclosures requirements for all ISAs \n(1) In general \nThe ISA provider shall make the disclosures required by this section clearly and conspicuously in writing, in a form that the ISA recipient may retain. (2) Electronic form \nThe disclosures required by this section may be provided to the ISA recipient in electronic form in accordance with the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7001 et seq. ). (3) Other requirements \nThe disclosures required by this section shall— (A) be grouped together; (B) be segregated from anything that is not such a disclosure; and (C) only contain information directly related to the disclosures required under this section. (b) Use of estimates \nIf any information necessary for an accurate disclosure is unknown to the ISA provider, the ISA provider shall make the disclosure based on the best information reasonably available at the time the disclosure is provided to the ISA recipient, and shall state clearly that the disclosure is an estimate. (c) Multiple ISA providers, multiple ISA recipients \n(1) Multiple ISA providers \nIn any case where an income share agreement transaction involves more than one ISA provider, only one set of disclosures shall be given and the ISA providers shall agree among themselves which ISA provider shall comply with the requirements that this title imposes on any or all of the ISA providers. (2) Multiple ISA recipients \nIn any case where an income share agreement transaction has more than one ISA recipient, the disclosures may be made to any ISA recipient whose income will be used to calculate the ISA payments due to the ISA provider. (d) Content of disclosures \nAn ISA provider of an income share agreement (regardless of whether the income share agreement is an educational ISA) shall provide, to any person that applies for or signs a consumer income share agreement, a written document that clearly and simply discloses the following information: (1) A statement that the income share agreement is not a fixed payment installment loan, and that the amount the ISA recipient will be required to pay under the income share agreement may be more or less than the amount financed by the ISA provider and will vary in proportion to the ISA recipient’s future income. An ISA provider may satisfy the requirements of this paragraph by providing a table that compares periodic payments under the income share agreement at different income levels showing that payments vary with income, or that also compares such periodic payments under the ISA at different income levels with a loan product. (2) In the case of an educational ISA, the following statement: This income share agreement is not a grant or scholarship. If your income is above the Income Threshold, you will have to make payments under this income share agreement.. (3) The following statement: Payments due under this income share agreement are determined by your income. Your payments are calculated using the ISA Payment Calculation Method described in your ISA. The amount you pay may be more than, equal to, or less than the amount financed.. (4) In a series of boxes or other device designed to feature the following information more prominently than elsewhere in the income share agreement disclosures, the following information: (A) The term Amount Financed and the dollar amount of the amount funded, followed by a description that states, The amount of funds you will receive or that will be credited on your behalf.. (B) The term ISA Payment Calculation Method and the following: (i) In the case of an ISA payment calculation method that is a percentage (or schedule of percentages), such percentage (or schedule of percentages) followed by a description that states, The percentage of your income used to calculate your ISA Payment. and, if the ISA payment calculation method is a schedule of percentages, an explanation of where the ISA recipient can learn more about how the ISA recipient’s income percentage is determined. (ii) In the case of an ISA payment calculation method that is a schedule of fixed dollar amounts calculated based on the ISA recipient's income for a payment period, the schedule of fixed amounts (or a reference to the location of the schedule in the ISA) followed by a description that states, The amount of your ISA Payment will vary based on your income. See your ISA for more information.. (C) The term Maximum Number of Income-Determined Payments and the ISA maximum number of payments, followed by a description that states, The maximum number of ISA payments you will make when your income is above the Income Threshold.. (D) The term Maximum Duration and the ISA duration, followed by a description that states, The maximum amount of time that you are required to make income-determined payments, excluding any extensions that you request.. (E) The term Income Threshold and the income threshold for the income share agreement, followed by a description that states, The minimum income you must make in order to trigger a payment obligation under this income share agreement. If your income is less than or equal to this Income Threshold, you will not owe any ISA payments for that period.. (5) A statement that during periods in which the ISA recipient’s income is not above the income threshold— (A) the ISA recipient will not owe an ISA payment for that period of time; and (B) any such period of non-payment will not count towards the ISA maximum number of payments but will count toward the ISA duration. (6) A statement that the obligations of the ISA recipient under the income share agreement would be dischargeable in a case under title 11, United States Code, in the same manner as a loan that is not described in section 523(a)(8) of title 11, United States Code. (7) A description of the terms under which the obligations of the ISA recipient under the income share agreement shall be extinguished in advance of the full ISA duration. (8) The definition of income to be used for purposes of calculating the ISA recipient’s obligation under the income share agreement, subject to section 104(a). (9) A comparison table that includes the following: (A) (i) The amounts and number of ISA payments that an ISA recipient would be required to pay under the income share agreement at a range of annual income levels stated as both a monthly and annual income amount. (ii) The income levels used in the disclosure under this paragraph shall include, at a minimum, the obligations for the ISA recipient— (I) with no income; (II) with income at the income threshold; and (III) for various income scenarios, including, at a minimum, calculations at annual incomes of $40,000, $60,000, $80,000, $100,000, $125,000, $150,000, $175,000, and $200,000. (iii) The comparison table under this paragraph shall include the following statement: This table assumes you have the same Income over the entire term of your income share agreement. It does not take into account changes in Income. Your Income will likely change over time.. (B) The total of all ISA payments over the life of the income share agreement that the ISA recipient will have made in each of the income level scenarios described in subparagraph (A). (C) The amounts and number of payments, the total of all payments, and the annual percentage rate required to be paid under one or more comparable loans, including, at a minimum— (i) if elected by the Bureau, a loan at a fixed or variable rate and with a number of payments determined by the Bureau to be an approximation of the fixed or variable interest rate available to ISA recipients in the private marketplace; (ii) for an educational ISA, a comparable loan made under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. ) (including subsidized and unsubsidized scenarios), if the individual would be eligible for such a loan; and (iii) for an income share agreement that is not an educational ISA, a loan or loans that the ISA provider believes, in good faith, represents other alternative loan options available for the ISA recipient. (10) A statement of the intent of the ISA provider to engage in an annual process of reconciliation to determine if the ISA recipient’s ISA payments for the preceding year are more than, equal to, or less than the ISA payments owed under the income share agreement, including— (A) a description of the process in which the ISA recipient must participate in order for the ISA provider to verify the ISA recipient’s income; and (B) a description of any tax records or forms that the ISA recipient must execute or that the ISA provider intends to submit to the Internal Revenue Service. (11) A disclosure of the following items, to the extent applicable: (A) The amount that is or will be paid directly to the ISA recipient. (B) The amount that is or will be credited to the ISA recipient’s account to discharge obligations owed to the ISA provider. (C) Each amount that is or will be paid to third persons by the ISA provider on the ISA recipient’s behalf, together with an identification of or reference to the third person. (D) The total amount of any charges that will be paid by the ISA recipient before or at the time of the consummation of the transaction, or have been withheld from the proceeds of the income share agreement. (12) The name and mailing address of the ISA provider. (13) A payment schedule that— (A) shows the date upon which the first ISA payment is expected to be due or, if such date is not reasonably knowable— (i) an estimated date using the best information available to the ISA provider; or (ii) a statement of the events that will trigger the first payment; and (B) reflects each date thereafter during the ISA duration that an ISA payment may be due. (e) Additional disclosure elements \nThe Director may, through a rulemaking process— (1) add additional items to be disclosed under subsection (d) if consumer testing shows those elements would help consumers better understand the nature of the ISA obligation or better compare it with other products; and (2) require that additional income scenarios be included in the comparison table under paragraph (9)(A)(ii)(III), taking into account the income levels the ISA recipient might reasonably be expected to make given the intended use of the funds provided under the income share agreement, except in no case shall the number of scenarios exceed 20.", "id": "id459088dac1ba4dc199712d8072f75120", "header": "Required disclosures for income share agreements" }, { "text": "303. Additional requirements for educational ISAs \n(a) Additional disclosure timing rules for educational ISAs \nThe following additional provisions apply to any income share agreement that is an educational ISA: (1) Application and solicitation \n(A) In general \nThe ISA provider of an educational ISA that is to be used solely for postsecondary educational expenses shall provide the disclosures described in subsection (b)(1) with any application or solicitation for the educational ISA. For purposes of this section, the term solicitation means an offer of an income share agreement that does not require the potential ISA recipient to complete an application. (B) Telephone applications or solicitations \nIn the case of a telephone application or solicitation for an educational ISA, the ISA provider shall provide the disclosure by, at its option— (i) disclosing orally the information described in subsection (b)(1); or (ii) mailing a copy of the disclosure described in subsection (b)(1) not later than 3 business days after the potential ISA recipient has applied for the educational ISA. (C) Special rule \nFor an income share agreement that the ISA recipient may use for multiple purposes including postsecondary educational expenses, the ISA provider need not provide the disclosures required under subsection (b)(1) in the application or solicitation. (2) Approval disclosures \nThe ISA provider shall provide the disclosures required by subsection (b)(2) before consummation on, or with any notice of approval provided to the applicant for, an educational ISA. If the ISA provider mails notice of approval, the disclosures shall be mailed with the notice. If the ISA provider communicates notice of approval by telephone, the ISA provider shall mail the disclosures not later than 3 business days after providing the notice of approval. If the ISA provider communicates notice of approval electronically, the ISA provider shall provide the disclosure, at its option, either in electronic form in accordance with the requirements of this title or by mailing the disclosure not later than 3 business days after communicating the notice of approval. If the ISA provider communicates approval in person, the ISA provider shall provide the disclosures to the applicant for an income share agreement at that time. (3) Final disclosures \nThe disclosures required by subsection (b)(3) shall be provided after the ISA recipient accepts the income share agreement. (4) Receipt of mailed disclosures \nIf a disclosure under paragraph (1), (2), or (3) is mailed to the potential ISA recipient or ISA recipient, as the case may be, the potential ISA recipient or ISA recipient shall be deemed to have received the disclosure 5 business days after the disclosure is mailed. (5) Basis of disclosures and use of estimates in educational ISAs \n(A) Legal obligation \nDisclosures shall reflect the terms of the legal obligation between the parties. (B) Estimates \nIf any information necessary for an accurate disclosure is unknown to the ISA provider, the ISA provider shall make the disclosure based on the best information reasonably available at the time the disclosure is provided, and shall state clearly that the disclosure is an estimate. (6) Effect of subsequent events \n(A) Approval disclosures \nIf a disclosure made under paragraph (2) becomes inaccurate because of an event that occurs after the ISA provider delivers the required disclosures, the inaccuracy is not a violation of this Act, although new disclosures may be required in accordance with this title. (B) Final disclosures \nIf a disclosure under paragraph (3) becomes inaccurate because of an event that occurs after the creditor delivers the required disclosures, the inaccuracy is not a violation of this Act. (b) Additional disclosures for educational ISAs \nIn addition to the other disclosure requirements of this title, an ISA provider of an educational ISA shall provide the disclosures required under this subsection as follows: (1) Application and Solicitation Disclosure \nOn or with a solicitation or an application for an educational ISA, an ISA provider shall disclose the following: (A) ISA payment calculation method \n(i) The ISA payment calculation method that applies to the educational ISA and actually offered by the ISA provider at the time of application or solicitation. If the ISA payment calculation method will depend, in part, on a later determination of the ISA recipient’s creditworthiness or other factors, a statement that the ISA payment calculation method for which the ISA recipient may qualify will depend on the ISA recipient’s creditworthiness and other factors, if applicable. (ii) In the case of an ISA payment calculation method that is based on a schedule of percentages— (I) an explanation of how the schedule of percentages is calculated using percentages of income based on the ISA recipient’s income; and (II) the timing for recalculation of the ISA recipient’s payments under the schedule of percentages. (iii) In the case of an ISA payment calculation method that is based on a schedule of fixed amounts that an ISA recipient is required to pay that is calculated based on the ISA recipient's income for a payment period— (I) an explanation of how the schedule of fixed amounts is calculated using fixed amounts based on the ISA recipient’s income; and (II) the timing for recalculation of the ISA recipient’s payments under the schedule of fixed amounts. (B) Fees and Default or Late Payment Costs \n(i) An itemization of the fees or range of fees required to obtain the educational ISA. (ii) Any fees or other penalties based on the ISA recipient’s default or late payment. (C) Payment Terms \n(i) The ISA duration, or range of ISA durations, offered by the ISA provider. (ii) A description of any payment deferral options. (D) Cost Estimates \nUsing the highest dollar amount or percentage applicable under the ISA payment calculation method described in subparagraph (A)(i) and using an amount financed of $10,000, or $5,000 if the ISA provider only offers income share agreements of this type for less than $5,000, the loan comparison based on these assumptions. (E) Eligibility \nAny age or school enrollment eligibility requirements relating to the ISA recipient. (F) Alternative to income share agreements \n(i) With respect to an educational ISA that might be used for postsecondary expenses at an institution of higher education that participates in a student financial assistance program under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. )— (I) a statement the ISA recipient may qualify for Federal student financial assistance through a program under such title; and (II) the interest rates for each program of financial assistance available under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) and information regarding whether the rates for the loans available under such title are fixed or variable. (ii) If applicable to the student’s circumstances, a statement that the ISA recipient may obtain additional information concerning Federal student financial assistance from the institution of higher education that the student attends, or at the website of the Department of Education, including an appropriate website address for the Department. (iii) A statement that an institution of higher education may have school-specific education loan benefits and terms not detailed on the disclosure form. (G) Rights of the consumer \nA statement that if the application for the educational ISA is approved by the ISA provider, the terms of the educational ISA will be available and will not change for 30 days except as a result of adjustments to the ISA payment calculation method, ISA duration, or ISA maximum number of payments and other changes permitted by law. (H) Self-certification information \nA statement that, before the educational ISA may be consummated, the ISA recipient must complete the self-certification form and that the form may be obtained from the institution of higher education that the student attends. (I) Overall educational finance obligation notice \nThe following statement: IMPORTANT NOTICE REQUIRED BY LAW: Students are cautioned to consider carefully entering into this Income Share Agreement if their total future payment commitment, including any other forms of education finance, may exceed 20 percent of their expected future income. Your total future obligation may exceed this percentage if you have received additional education financing, including other income share agreements, Department of Education Direct or FFEL Loans, or private education loans.. (2) Disclosures upon approval of an ISA \nUpon approval of an educational ISA by an ISA provider, the ISA provider shall disclose the information required under section 302(d) and the following information: (A) ISA payment calculation method \n(i) The ISA payment calculation method that applies to the educational ISA. (ii) In the case of an ISA payment calculation method that is based on a schedule of percentages— (I) an explanation of how the schedule of percentages is calculated using percentages of income based on the ISA recipient’s income; and (II) the timing for recalculation of the ISA recipient’s payments under the schedule of percentages. (iii) In the case of an ISA payment calculation method that is based on a schedule of fixed amounts that an ISA recipient is required to pay based on the ISA recipient's income for a payment period— (I) an explanation of how the schedule of fixed amounts is calculated using fixed amounts based on the ISA recipient’s income; and (II) the timing for recalculation of the ISA recipient’s payments under the schedule of fixed amounts. (B) Fees and default or late payment costs \n(i) An itemization of the fees or range of fees required to obtain the educational ISA. (ii) Any fees or other penalties based on the ISA recipient’s defaults or late payments. (C) Payment terms \n(i) The ISA duration, or range of ISA durations, offered by the ISA provider. (ii) A description of any payment deferral options. (D) Cost Estimates \nThe following disclosure shall be made using the ISA payment calculation method, ISA duration, and ISA maximum number of payments for which the ISA recipient has been approved: (i) The loan comparison based on these assumptions. (ii) A description of the payment deferral option chosen by the ISA recipient, if applicable, and any other payment deferral options that the ISA recipient may elect at a later time. (iii) Any payments required while the ISA recipient is enrolled at a covered educational institution, based on the deferral option chosen by the ISA recipient. (E) Alternatives to private education income share agreements, if applicable to the student \nIn the case of an educational ISA that may be used for education expenses at an institution of higher education that participates in the student financial assistance programs under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ), the following: (i) A statement that the ISA recipient may qualify for Federal student financial assistance through a program under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ). (ii) The interest rates for each program of financial assistance available under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) and information regarding whether the rates for the loans available under such title are fixed or variable. (iii) A statement that the ISA recipient may obtain additional information concerning Federal student financial assistance from the institution of higher education that the student attends, or at the website of the Department of Education, including an appropriate website address for the Department. (F) Rights of the ISA recipient \n(i) A statement that the ISA recipient may accept the terms of the income share agreement until the last day of the acceptance period described in subsection (d)(1). (ii) The specific date on which the acceptance period expires, based on the date upon which the ISA recipient receives the disclosures required under this paragraph for the income share agreement. (iii) A specification of the method or methods by which the ISA recipient may communicate acceptance. (iv) A statement that, except for changes to the ISA payment calculation method and other changes permitted by law, the rates and terms of the income share agreement may not be changed by the ISA provider during the period described in clause (i). (G) Overall educational finance obligation notice \nThe following statement: IMPORTANT NOTICE REQUIRED BY LAW: Students are cautioned to consider carefully entering into this Income Share Agreement if their total future payment commitment, including any other forms of education finance, may exceed 20 percent of their expected future income. Your total future obligation may exceed this percentage if you have received additional education financing, including other income share agreements, Department of Education Direct or FFEL Loans, or private education loans.. (3) Final disclosures \nAfter the ISA recipient has accepted the income share agreement in accordance with subsection (d)(1), the ISA provider shall disclose to the ISA recipient the information required by this section and the following information: (A) ISA payment calculation method \n(i) The ISA payment calculation method applicable to the income share agreement. (ii) In the case of an ISA payment calculation method that is based on a schedule of percentages— (I) an explanation of how the schedule of percentages is calculated using percentages of income based on the ISA recipient’s income; and (II) the timing for recalculation of the ISA recipient’s payments under the schedule of percentages. (iii) In the case of an ISA payment calculation method that is based on a schedule of fixed amounts that an ISA recipient is required to pay based on the ISA recipient's income for a payment period— (I) an explanation of how the schedule of fixed amounts is calculated using fixed amounts based on the ISA recipient’s income; and (II) the timing for recalculation of the ISA recipient’s payments under the schedule of fixed amounts. (B) Fees and default or late payment costs \n(i) An itemization of the fees or range of fees required to obtain the educational ISA. (ii) Any fees or other penalties based on the ISA recipient’s defaults or late payments. (C) Payment terms \n(i) The ISA duration or range of ISA durations offered by the ISA provider. (ii) A description of any payment deferral options. (D) Cost estimates \nThe following disclosure shall be made using the ISA payment calculation method, ISA duration, and ISA maximum number of payments for which the ISA recipient has been approved: (i) The loan comparison based on these assumptions. (ii) A description of the payment deferral option chosen by the ISA recipient, if applicable, and any other payment deferral options that the ISA recipient may elect at a later time. (iii) Any payments required while the ISA recipient is enrolled at a covered educational institution, based on the deferral option chosen by the ISA recipient. (E) Cancellation rights \n(i) A statement that— (I) the ISA recipient has the right to cancel the income share agreement, without penalty, at any time before the cancellation period under subsection (e) expires; and (II) the income share agreement proceeds will not be disbursed until after such cancellation period expires. (ii) The specific date on which the cancellation period expires and a statement that the ISA recipient may cancel by that date. (iii) A statement specifying— (I) all methods by which the ISA recipient may cancel; and (II) if the ISA provider permits cancellation by mail, that the ISA recipient's mailed request will be deemed timely if placed in the mail not later than the cancellation date specified in clause (ii). (iv) The disclosures required by this subparagraph shall be made more conspicuous than any other disclosure required under this section, except for the ISA payment calculation method, ISA duration, ISA maximum number of payments, amount financed, income threshold, and the ISA provider's identity, which shall be disclosed in accordance with the requirements of section 302(d). (F) Overall educational finance obligation notice \nThe following statement: IMPORTANT NOTICE REQUIRED BY LAW: Students are cautioned to consider carefully entering into this Income Share Agreement if their total future payment commitment, including any other forms of education finance, may exceed 20 percent of their expected future income. Your total future obligation may exceed this percentage if you have received additional education financing, including other income share agreements, Department of Education Direct or FFEL Loans, or private education loans.. (c) Limitation on educational ISAs \n(1) Co-branding prohibited \n(A) In general \nExcept as provided in subparagraph (B) and paragraph (2), an ISA provider, other than the covered educational institution itself, shall not use the name, emblem, mascot, or logo of a covered educational institution, or other words, pictures, or symbols identified with a covered educational institution, in the marketing of educational ISAs in a way that implies that the covered education institution endorses the ISA provider's income share agreements. (B) Special rule \nAn ISA provider's marketing of an educational ISA does not imply that the covered education institution endorses the ISA provider's income share agreements if the marketing includes a clear and conspicuous disclosure, equally prominent and closely proximate to the reference to the covered educational institution, that the covered educational institution does not endorse the ISA provider's income share agreements and that the ISA provider is not affiliated with the covered educational institution. (2) Endorsed ISA provider arrangements \nIf an ISA provider and a covered educational institution have entered into an arrangement under which the covered educational institution agrees to endorse the ISA provider's educational ISAs, and such arrangement is not prohibited by other applicable law or regulation, paragraph (1)(A) shall not apply as long as the educational ISA marketing includes a clear and conspicuous disclosure, equally prominent and closely proximate to the reference to the covered educational institution, that the ISA provider's income share agreements are not offered or made by the covered educational institution, but are made by the ISA provider. (d) Educational ISA recipient’s right To accept \n(1) Acceptance period \nThe ISA recipient has the right to accept the terms of an educational ISA at any time not later than 30 calendar days following the date on which the ISA recipient receives the disclosures required under subsection (b)(2). (2) Limitations on changes \nExcept for changes permitted under paragraph (3), the terms of the educational ISA that are required to be disclosed under paragraphs (2) and (3) of subsection (b) may not be changed by the ISA provider prior to the earlier of— (A) the date of disbursement of the income share agreement; or (B) the expiration of the 30-day period described in paragraph (1), if the ISA recipient has not accepted the income share agreement before within the period. (3) Exceptions not requiring re-disclosure \n(A) In general \nNotwithstanding paragraph (2), nothing in this section shall prevent an ISA provider of an educational ISA from— (i) withdrawing an offer before consummation of the transaction if the making of the income share agreement would be prohibited by law or if the ISA provider has reason to believe that the ISA recipient has committed fraud in connection with the income share agreement application; (ii) changing the ISA payment calculation method and terms if the change will unequivocally benefit the ISA recipient; or (iii) reducing the amount funded based upon a certification or other information received from the covered educational institution, or from the ISA recipient, indicating that the student's cost of attendance has decreased or the ISA recipient's other financial aid has increased, except that, in such case, the ISA provider may make corresponding changes to the terms of the ISA payment calculation method, ISA duration, and other terms only to the extent that the ISA recipient would have received the terms if the ISA recipient had applied for the reduced amount financed. (B) No new disclosures required \nIf the ISA provider changes the ISA payment calculation method or terms of the income share agreement under this paragraph, the ISA provider shall not be required to— (i) provide the disclosures required under subsection (b)(2) for the new income share agreement terms; or (ii) provide an additional 30-day period to the ISA recipient to accept the new terms of the income share agreement. (4) Exceptions requiring re-disclosure \n(A) In general \nNotwithstanding paragraphs (2) and (3), nothing in this section prevents an ISA provider, at its option, from changing the ISA payment calculation method or terms of the income share agreement to accommodate a specific request by the ISA recipient, such as a request for a different repayment option. (B) Additional disclosures required \nIf the ISA provider changes the rate or terms of the income share agreement under subparagraph (A), the ISA provider— (i) shall provide the disclosures required under subsection (b)(2) and shall provide the ISA recipient the 30-day period to accept the income share agreement, as required under paragraph (1); and (ii) shall not make further changes to the income share agreement and terms of the loan, except as specified in paragraph (3)(B). (C) No further withdrawals or changes \nExcept as permitted under paragraph (3)(B), unless the ISA recipient accepts the income share agreement offered by the ISA provider in response to the ISA recipient's request in accordance with subparagraph (A), the ISA provider may not withdraw or change the ISA payment calculation method or any terms of the income share agreements for which the ISA recipient was approved prior to the ISA recipient's request for a change in income share agreement terms under this paragraph. (e) Educational ISA recipient’s right To cancel \nThe ISA recipient may cancel an educational ISA, without penalty, until midnight of the third business day following the date on which the ISA recipient receives the disclosures required by subsection (b)(3). No funds may be disbursed for an educational ISA until the 3-business-day period has expired, absent exceptional circumstances necessitating disbursement based on a request from the covered educational institution. In such a case, the covered educational institution shall promptly, upon cancellation by the student, refund the amounts to the ISA provider. (f) Self-Certification form \nFor an educational ISA intended to be used for the postsecondary educational expenses of a student while the student is attending an institution of higher education, the ISA provider shall obtain, from the ISA recipient or the institution of higher education, the educational ISA certification form developed by the Secretary under section 155 of the Higher Education Act of 1965 ( 20 U.S.C. 1019d ), signed by the ISA recipient, in written or electronic form, before consummating the educational ISA. (g) Provision of Information by Preferred ISA provider \n(1) In general \nAn ISA provider that has a preferred ISA financing arrangement with a covered educational institution shall, each year in accordance with paragraph (2), provide to the covered educational institution the information required under subsection (b)(1) for each type of educational ISA that the ISA provider plans to offer to ISA recipients for students attending the covered educational institution, for the period beginning July 1 of the year in which the information is provided and ending June 30 of the following year. (2) Timing \nFor each year of a preferred ISA provider financing arrangement, the ISA provider shall provide the information required under paragraph (1) by the later of— (A) the first day of April; or (B) the date that is 30 days after entering into, or learning the ISA provider is a party to, a preferred ISA provider arrangement.", "id": "idD91E29872DC344528A0ECE37312C69FD", "header": "Additional requirements for educational ISAs" }, { "text": "304. Advertising of income share agreements \n(a) In general \nThe restrictions on advertising of income share agreements shall be consistent with the restrictions placed on advertisements related to extensions of consumer credit as set forth in chapter 3 of the Truth in Lending Act ( 15 U.S.C. 1661 et seq. ). (b) Amendments to the Truth in Lending Act \nThe Truth in Lending Act ( 15 U.S.C. 1601 et seq. ) is amended— (1) in section 103(f) ( 15 U.S.C. 1602(f) )— (A) by striking means the and inserting means— (1) the ; (B) in paragraph (1), as so designated, by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (2) for purposes of chapter 3, shall include an income share agreement, as defined in section 2 of the ISA Student Protection Act of 2023. ; (2) in section 142 ( 15 U.S.C. 1662 )— (A) in the matter preceding paragraph (1), by striking state and inserting state— ; (B) in paragraph (1), by striking the period at the end and inserting a semicolon; (C) in paragraph (2), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (3) with respect to an income share agreement (as defined in section 2 of the ISA Student Protection Act of 2023 ), that a specific ISA payment calculation method, ISA duration, ISA maximum number of payments, or income threshold (as those terms are defined in such section 2) can be arranged unless the ISA provider (as defined in such section 2) usually and customarily arranges income share agreements pursuant to the terms so advertised. ; and (3) in section 144 ( 15 U.S.C. 1664 ), by adding at the end the following: (f) Income share agreements \n(1) Definitions \nIn this subsection, the terms income share agreement , income threshold , ISA duration , ISA maximum number of payments , and ISA payment calculation method have the meanings given those terms in section 2 of the ISA Student Protection Act of 2023. (2) Application \nThis subsection shall apply to any advertisement to aid, promote, or assist directly or indirectly any income share agreement subject to the provisions of this chapter. (3) Disclosure of key terms \nIf any advertisement to which this section applies states the ISA payment calculation method, ISA duration, ISA maximum number of payments, income threshold, or amounts of payments under an income share agreement, the advertisement shall include the following: (A) The ISA payment calculation method. (B) The ISA duration. (C) The ISA maximum number of payments. (D) The income threshold..", "id": "idE330319C85A041E7B63E3BEBF25F0A1E", "header": "Advertising of income share agreements" }, { "text": "401. Treatment under securities laws \n(a) Income share agreements not treated as securities \n(1) In general \nAn income share agreement shall not be treated as a security for purposes of the securities laws (as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )), any similar State law, or any State law that directly or indirectly prohibits, limits, or imposes conditions, based on the merits of an offering or issuer of securities, upon the offer or sale of any security. (2) Rule of construction \nNothing in paragraph (1) may be construed to prevent an instrument that is collateralized by, or serviced by the cash flows of, an income share agreement from being treated as a security for purposes of any law described in that paragraph. (b) ISA providers making income share agreements excluded from investment company treatment \nSection 3(c) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(c) ) is amended— (1) in paragraph (4), by inserting income share agreements (as that term is defined in section 2 of the ISA Student Protection Act of 2023 ), after industrial banking, ; and (2) in paragraph (5)— (A) in subparagraph (A), by inserting , including purchasing or otherwise acquiring income share agreements (as that term is defined in section 2 of the ISA Student Protection Act of 2023 ) after services ; and (B) in subparagraph (B), by inserting , including making income share agreements (as defined in subparagraph (A)) after services.", "id": "id06B1FB0360F24832B331B2E78CE245FD", "header": "Treatment under securities laws" }, { "text": "402. Treatment under bankruptcy laws \nSection 523(a)(8) of title 11, United States Code, is amended, in the matter preceding subparagraph (A), by striking for— and inserting for, other than funds provided as part of an educational ISA (as defined in section 2 of the ISA Student Protection Act of 2023 )—.", "id": "id4bbc2e6df2d647049070a3644d6d7e2b", "header": "Treatment under bankruptcy laws" }, { "text": "403. Consent to continuing release of taxpayer information under educational ISAs and income share agreements \nBy not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall modify Treasury regulations and guidance to provide for continuing consent to disclosure of an individual’s return information to an ISA provider (or the provider's successor in interest) under an educational ISA or other income share agreement, but only for periods relevant to, and only to the extent the Secretary determines is necessary and appropriate in carrying out the terms of, such educational ISA or income share agreement.", "id": "idf21324778c2b4eaa8c500bca0bc72ecb", "header": "Consent to continuing release of taxpayer information under educational ISAs and income share agreements" }, { "text": "404. Interplay with the Higher Education Act of 1965 \n(a) Title IV definitions \n(1) In general \nSection 480 of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv ), as amended by section 702 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ; 134 Stat. 3191), is amended— (A) in subsection (e)— (i) in paragraph (2), by striking and after the semicolon; (ii) in paragraph (3), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (4) any amount provided to the applicant, or on whose behalf funds are disbursed, under an income share agreement, as defined in section 2 of the ISA Student Protection Act of 2023. ; and (B) in subsection (f)(1), by inserting amounts provided to an individual, or on whose behalf the funds are disbursed, under an income share agreement, as defined in section 2 of the ISA Student Protection Act of 2023 , after income producing property,. (2) Effective date \nThe amendments made by paragraph (1) shall take effect as if included in section 702 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ; 134 Stat. 3191) and in accordance with section 701(b) of such Act. (b) Program participation agreements \nSection 487(d)(1)(D) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(d)(1)(D) ) is amended— (1) in clause (ii), by striking and after the semicolon; (2) in clause (iii), by inserting and after the semicolon; and (3) by adding at the end the following: (iv) in the case of educational income share agreements (as such term is defined in section 2 of the ISA Student Protection Act of 2023 ) made by a proprietary institution of higher education, only the amount of ISA payments (as defined in such section) received during the applicable institutional fiscal year, to the extent the amount of such payments on the educational income share agreement does not exceed the income share amount financed under such educational income share agreement;. (c) Preferred lender arrangement definitions \nSection 151 of the Higher Education Act of 1965 ( 20 U.S.C. 1019 ) is amended— (1) by redesignating paragraphs (3), (4), (5), and (6) through (9) as paragraphs (4), (5), (6), and (9) through (12), respectively; (2) by inserting after paragraph (2) the following: (3) Educational ISA \nThe term educational ISA has the meaning given the term in section 2 of the ISA Student Protection Act of 2023. ; (3) in paragraph (6), as redesignated by paragraph (1)— (A) in subparagraph (A)(ii), by inserting or educational ISAs after loans ; (B) in subparagraph (B), by striking and after the semicolon; (C) in subparagraph (C), by striking the period at the end and inserting ; and ; and (D) by adding at the end of the following: (D) notwithstanding subparagraphs (A) and (B), does not include any ISA provider with respect to any educational ISA secured, made, or extended by such ISA provider. ; (4) by inserting after paragraph (6), as redesignated by subparagraph (A), the following: (7) ISA provider \nThe term ISA provider has the meaning given the term in section 2 of the ISA Student Protection Act of 2023. (8) ISA recipient \nThe term ISA recipient has the meaning given the term in section 2 of the ISA Student Protection Act of 2023. ; and (5) in paragraph (11)(A), as redesignated by paragraph (1)— (A) in the matter preceding clause (i), by inserting or ISA provider after lender ; (B) in clause (i), by inserting or an ISA provider provides or otherwise issues educational ISAs after loans ; and (C) in clause (ii), by inserting or the educational ISAs of the ISA provider after lender. (d) Responsibilities of covered institutions and ISA providers regarding preferred lender arrangements \nSection 152 of the Higher Education Act of 1965 ( 20 U.S.C. 1019a ) is amended— (1) in the section heading, by striking and lenders and inserting lenders, and ISA providers ; (2) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in clause (i)— (aa) in the matter preceding subclause (I), by inserting or educational ISAs after loans ; (bb) in subclause (II)— (AA) by striking section 151(3)(A) and inserting section 151(4)(A) ; and (BB) by striking and at the end; (cc) by redesignating subclause (III) as subclause (IV); and (dd) by inserting after subclause (II) the following: (III) the information required to be disclosed pursuant to section 153(a)(2)(A)(i), for an educational ISA that is offered pursuant to a preferred lender arrangement of the institution or organization to students of the institution or families of such students; and ; and (II) in clause (ii)— (aa) in the matter preceding subclause (I)— (AA) by striking subparagraph (C) and inserting subparagraph (D) ; and (BB) by inserting or educational ISAs after loans ; (bb) in subclause (I), by striking and after the semicolon; and (cc) by adding at the end the following: (III) in the case of a covered institution, the information described in section 153(c) for each type of educational ISA offered pursuant to a preferred lender arrangement of the institution to students of the institution or the families of such students; and (IV) in the case of an institution-affiliated organization of a covered institution, the information in section 303(b)(1) of the ISA Student Protection Act of 2023 , for each type of educational ISA offered pursuant to a preferred lender arrangement of the organization to students of such institution or the families of such students. ; (ii) by redesignating subparagraph (C) as subparagraph (D); and (iii) by inserting after subparagraph (B) the following: (C) Educational ISA disclosures \nA covered institution, or an institution-affiliated organization of such covered institution, that provides information regarding an educational ISA from an ISA provider to a prospective ISA recipient shall— (i) provide the prospective ISA recipient with the information described in section 303(b)(1) of the ISA Student Protection Act of 2023 for such educational ISA; (ii) inform the perspective ISA recipient that— (I) the prospective ISA recipient may qualify for loans or other assistance under title IV; and (II) the terms and conditions of the loans made, insured, or guaranteed under title IV may be more favorable than the provisions of educational ISAs; and (iii) ensure that information regarding educational ISAs is presented in such a manner as to be distinct from information regarding loans that are made, insured, or guaranteed under title IV. ; (B) by striking paragraph (2) and inserting the following: (2) Use of institution name \nA covered institution, or an institution-affiliated organization of such covered institution, that enters into a preferred lender arrangement with a lender regarding private education loans or an ISA provider regarding educational ISAs shall not agree to the lender’s or ISA provider’s use of the name, emblem, mascot, or logo of such institution or organization, or other words, pictures, or symbols readily identified with such institution or organization, in the marketing of private education loans or educational ISAs to students attending such institution in any way that implies that the loan or educational ISA is offered or made by such institution or organization instead of the lender or ISA provider. ; and (C) by adding at the end the following: (4) Use of ISA provider name \nA covered institution, or an institution-affiliated organization of such covered institution, that enters into a preferred lender arrangement with an ISA provider regarding educational ISAs shall ensure that the name of the ISA provider is displayed in all information and documentation related to such educational ISAs. ; and (3) by adding at the end the following: (c) ISA provider responsibilities \nFor each of an ISA provider’s educational ISAs, the ISA provider shall comply with the disclosure requirements of sections 302 and 303 of the ISA Student Protection Act of 2023.. (e) Disclosures for ISA providers participating in preferred lender arrangements \nSection 153 of the Higher Education Act of 1965 ( 20 U.S.C. 1019b ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A), by striking section 151(3)(A) and inserting section 151(4)(A) ; and (ii) by adding at the end the following: (C) Additional information for educational ISAs \n(i) In general \nBy not later than 180 days after the date of enactment of the ISA Student Protection Act of 2023 , the Secretary, in coordination with the Bureau of Consumer Financial Protection, shall determine the minimum information that ISA providers, covered institutions, and institution-affiliated organizations of such covered institutions participating in preferred lender arrangements shall make available regarding educational ISAs. (ii) Consultation and content of minimum disclosures \nIn carrying out clause (i), the Secretary shall— (I) consult with students, the families of such students, representatives of covered institutions (including financial aid administrators, admission officers, and business officers), representatives of institution-affiliated organizations, secondary school guidance counselors, and ISA providers; (II) include, in the minimum information under clause (i) that is required to be made available, the information required to be disclosed under section 303 of the ISA Student Protection Act of 2023 ; and (III) consider the merits of requiring each covered institution, and each institution-affiliated organization of such covered institution, with a preferred lender arrangement to provide prospective ISA recipients and the families of such ISA recipients the following information for each type of educational ISA offered pursuant to such preferred lender arrangement: (aa) (AA) The ISA payment calculation method, the income threshold, the ISA maximum number of payments (or a range of the ISA maximum number of payments), the ISA payment window (or a range of the ISA payment windows), and the terms and conditions of the educational ISA for the next award year. (BB) In this subclause, the terms income threshold , ISA maximum number of payments , ISA payment calculation method , and ISA payment window have the meanings given the terms in section 2 of the ISA Student Protection Act of 2023. (bb) An itemization of the fees or range of fees required to obtain the educational ISA. (cc) Any fees or other penalties based on the ISA recipient’s defaults or late payments. (dd) The annual or aggregate maximum financed amounts. (ee) The average financed amounts provided by the ISA provider to students who— (AA) graduated from such institution in the preceding year with certificates, undergraduate degrees, graduate degrees, and professional degrees, as applicable; and (BB) obtained educational ISAs of such type from the ISA provider for the preceding year. (ff) The consequences for the ISA recipient for defaulting on an educational ISA. (gg) Contact information for the ISA provider. (hh) Other information suggested by the persons and entities with whom the Secretary has consulted under subclause (I). ; (B) in paragraph (2)— (i) in subparagraph (A)— (I) in clause (i), by striking section 151(3)(A) and inserting section 151(4)(A), or to prospective ISA recipients and the families of such ISA recipients regarding educational ISAs, ; and (II) in clause (ii), by striking the model disclosure form and inserting a model disclosure form ; (ii) in subparagraph (B)— (I) in the matter preceding clause (i)— (aa) by striking a model disclosure form and inserting model disclosure forms ; and (bb) by striking and preferred lenders and inserting preferred lenders, and ISA providers ; (II) in clause (i), by inserting ISA providers, after servicers, ; and (III) in clause (ii)— (aa) by striking format to the form and inserting the following: format to— (aa) with respect to education loans, the form ; (bb) by striking section 151(3)(A) and inserting section 151(4)(A) ; and (cc) by adding at the end the following: (bb) with respect to educational ISAs, the form developed by the Bureau of Consumer Financial Protection under section 301(4) of the ISA Student Protection Act of 2023 in order to permit students and the families of students to easily compare educational ISAs; and ; and (iii) in subparagraph (C), by striking such model disclosure form and inserting the model disclosure forms described in subparagraph (B) ; (2) in subsection (b), by striking section 151(3)(A) each place the term appears and inserting section 151(4)(A) ; (3) by redesignating subsection (c) as subsection (d); (4) by inserting after subsection (b) the following: (c) Duties of ISA providers \nEach ISA provider that has a preferred lender arrangement with respect to educational ISAs with a covered institution, or an institution-affiliated organization of such covered institution, shall annually, by a date determined by the Secretary, provide to such covered institution or such institution-affiliated organization, and to the Secretary, the information the Secretary requires pursuant to subsection (a)(2)(A)(i) for the educational ISAs that the ISA provider plans to offer pursuant to such preferred lender arrangement to students attending such covered institution, or to the families of such students, for the next award year. ; and (5) in subsection (d), as redesignated by paragraph (3)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in clause (i), by striking section 151(3)(A) and inserting section 151(4)(A) or educational ISA ; and (II) by adding at the end the following: (iii) (I) in the case of a covered institution, the information described in subsection (c), for each type of educational ISA offered pursuant to a preferred lender arrangement of the institution to students of the institution or the families of such students; and (II) in the case of an institution-affiliated organization of a covered institution, the information described in section 303(b)(1) of the ISA Student Protection Act of 2023 , for each type of educational ISA offered pursuant to a preferred lender arrangement of the organization to students of such institution or the families of such students. ; and (ii) in subparagraph (B)— (I) by inserting or ISA provider after lender ; and (II) by inserting or an educational ISA after loan ; and (B) in paragraph (2)(A)— (i) in the matter preceding clause (i), by inserting or ISA provider after each lender ; (ii) in clause (i), by striking clauses (i) and (ii) and inserting clauses (i) through (iii), as applicable ; and (iii) in clause (ii)— (I) by inserting or ISA provider after the lender ; and (II) by inserting or educational ISA after loan. (f) Self-Certification form for educational ISAs \nSection 155 of the Higher Education Act of 1965 ( 20 U.S.C. 1019d ) is amended— (1) by striking the section heading and inserting the following: Self-certification forms for private education loans or educational ISAs. ; (2) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by striking the self-certification form and inserting a self-certification form ; (ii) by inserting and, in consultation with the Director of the Bureau of Consumer Financial Protection, a self-certification form for educational ISAs that shall be used to satisfy the requirements of section 303(f) of the ISA Student Protection Act of 2023 after Act ; and (iii) by striking Such form and inserting Each form ; and (B) in paragraph (3)— (i) in subparagraph (A), by inserting or educational ISA, as applicable after loan ; and (ii) in subparagraph (C), by inserting or educational ISA, as applicable after loan ; and (3) in subsection (b), by striking the form and inserting a form. (g) Conforming amendments \nSection 154 of the Higher Education Act of 1965 ( 20 U.S.C. 1019c ) is amended— (1) in subsection (a)— (A) by inserting for education loans after the model disclosure form ; and (B) by striking section 151(3)(A) and inserting section 151(4)(A) ; and (2) in subsection (b)(2), by inserting for education loans after model disclosure form.", "id": "idebf25cb1bf5e43d5a16f3a962df0036e", "header": "Interplay with the Higher Education Act of 1965" }, { "text": "501. Equal access to income share agreements \n(a) Activities constituting discrimination \nIt shall be unlawful for any ISA provider to discriminate against any applicant, with respect to any aspect of an income share agreement— (1) on the basis of race, color, religion, national origin, sex or marital status, or age (provided the applicant has the capacity to contract); (2) because all or part of the applicant’s income derives from any public assistance program (except for those excluded from the definition of income established by the income share agreement); or (3) because the applicant has in good faith exercised any right under this Act. (b) Activities not constituting discrimination \nIt shall not constitute discrimination for purpose of subsection (a) for an ISA provider— (1) to make an inquiry of the applicant’s age or of whether the applicant’s income derives from any public assistance program, if such inquiry is for the purpose of determining the amount and probable continuance of income levels, credit history, or other pertinent element of creditworthiness as provided in regulations of the Bureau; (2) to use any empirically derived credit system that considers age if that system is demonstrably and statistically sound in accordance with regulations of the Bureau, except that in the operation of such a system, the age of an elderly applicant may not be assigned a negative factor or value; (3) to make an inquiry of, or to consider the age of, an elderly applicant when the age of that applicant is to be used by the creditor in the extension of credit in favor of the applicant; or (4) to use any empirically derived system that considers the expected future income of an applicant to determine whether to approve an application or to establish the financial and other terms of an income share agreement, if that empirically derived system is demonstrably and statistically sound and reasonably designed such that approved applicants are all reasonably expected to pay substantially similar effective annual percentage rates as other similarly situated applicants, except that in accordance with any regulations of the Bureau in the operation of such a system to project an applicant’s expected future income, an ISA provider— (A) may not consider an applicant’s status as a member or potential member of any of the classes described in subsection (a); (B) may consider an applicant’s current employment status, current debt and other financial obligations, or current and past income (as of the date of application); or (C) in the case of educational ISAs, may consider the historical income of consumers who have made comparable progress toward the completion of the educational program in which the applicant is or is expected to be enrolled or toward a reasonably comparable educational program. (c) Additional activities not constituting discrimination \nIt shall not be a violation of subsection (a) for an ISA provider to refuse to extend an income share agreement— (1) that is offered pursuant to— (A) any financial assistance program expressly authorized by law for an economically disadvantaged class of persons; (B) any financial assistance program administered by a nonprofit organization for its members or an economically disadvantaged class of persons; or (C) any special purpose financial assistance program that— (i) is carried out by a for-profit organization to meet special social needs; and (ii) meets standards prescribed in regulations by the Bureau; or (2) if the refusal is required by, or made pursuant to, a program described in paragraph (1). (d) Reason for adverse action; procedure applicable \n(1) In general \nNot later than 30 days (or such longer reasonable time as specified in regulations of the Bureau for any class of income share agreement transaction) after the date on which an ISA provider receives a completed application for an income share agreement, the ISA provider shall notify the applicant of— (A) the action taken by the ISA provider with respect to the application; (B) in the case of an adverse action, a clear and accurate disclosure of the applicant's right to a written statement of reasons in accordance with paragraph (2) within 60 days after receiving the notice under this paragraph; and (C) the identity of the person or office from which the statement of reasons described in paragraph (2) may be obtained. (2) Statement of reasons \n(A) In general \nEach applicant against which an adverse action is taken shall be entitled to a written statement from the applicable ISA provider regarding the specific reasons for that adverse action, if the request is made by the applicant not later than 60 days after receiving the notice of an adverse action under paragraph (1). (B) Timing \nAn ISA provider shall provide an applicant with the statement of reasons under subparagraph (A) by the date that is not more than 30 days after the date of the consumer's request. (C) Oral statement \nNotwithstanding subparagraph (A), the statement described in this paragraph may be provided orally if the oral notification advises the applicable applicant of the right of the applicant to have the statement of reasons confirmed in writing, upon written request by the applicant. (D) Third-party request \nIf a third party requests that an ISA provider make a specific extension of an income share agreement directly or indirectly to an applicant, the statement under this paragraph may be made directly by the ISA provider, or indirectly through the third party, if the identity of the ISA provider is disclosed. (E) Verbal statements \nThe requirements of this paragraph may be satisfied by a verbal statement or notification in the case of an ISA provider that acted on not more than 150 applications during the calendar year preceding the calendar year in which the applicable adverse action is taken, as determined under regulations of the Bureau. (e) Regulations \n(1) In general \n(A) Issuance of regulations \nThe Bureau shall prescribe regulations to carry out the purposes of this section. (B) Contents \nThe regulations prescribed under subparagraph (A) may contain such classifications, differentiation, or other provisions, and may provide for such adjustments for any class of transactions, as in the judgment of the Bureau are necessary or proper to effectuate the purposes of this section, to prevent circumvention or evasion of this section, or to facilitate or substantiate compliance with this section. (2) Consistent with Equal Credit Opportunity Act \nIn prescribing regulations under paragraph (1), the Bureau shall be guided by the Equal Credit Opportunity Act ( 15 U.S.C. 1691 et seq. ) and part 1002 of title 12, Code of Federal Regulations, or any successor regulations. (3) Exempt transactions \n(A) In general \nSubject to subparagraph (B), the regulations prescribed under paragraph (1) may exempt from the provisions of this section any class of transactions that is not primarily for personal, family, or household purposes, or any business or commercial income share agreement or investment contract made available by a financial institution, except that a particular type of income share agreement within such a class may be exempted only if the Bureau makes an express finding that applying this section, or of any provision of this section, to the income share agreement would not contribute substantially to effectuating the purposes of this section. (B) Limitation \nAn exemption granted under subparagraph (A) shall be— (i) for not longer than 5 years; and (ii) extended only if the Bureau makes a subsequent determination, in the manner described by that subparagraph, that the exemption remains appropriate. (4) Maintenance of records \nPursuant to the regulations prescribed under paragraph (1), an entity making business or commercial income share agreements shall maintain such records or other data relating to those agreements as may be necessary to evidence compliance with this section or enforce any action pursuant to the authority of this section, except that in no event shall those records or data be maintained for a period of less than 1 year. (5) Deference \nNotwithstanding any power granted to any Federal agency under this section, the deference that a court affords to a Federal agency with respect to a determination made by that agency relating to the meaning or interpretation of any provision of this section that is subject to the jurisdiction of the agency shall be applied as if that agency were the only agency authorized to apply, enforce, interpret, or administer the provisions of this section. (f) Enforcement \nThe administrative enforcement of this section shall be consistent with section 704 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691c ) and the regulations implementing such section 704. (g) Self-Testing and self-Correction \nThe incentives for self-testing and self-correction under section 704A of the Equal Credit Opportunity Act ( 15 U.S.C. 1691c–1 ), and the regulations implementing such section 704A, shall apply to ISA providers offering income share agreements. (h) Applicability of other laws \nSection 705 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691d ), and the regulations implementing such section 705, shall apply to ISA providers offering income share agreements in the same manner in which those provisions apply to creditors offering loan products. (i) Civil liability \nSection 706 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691e ), and the regulations implementing such section 706, shall apply to ISA providers offering income share agreements. (j) Reports by Bureau and Attorney General \n(1) In general \nEach year, the Bureau and the Attorney General shall, respectively, submit to Congress reports concerning the administration of the functions of the Bureau and the Attorney General, respectively, under this section, including such recommendations as the Bureau and the Attorney General, respectively, determine necessary or appropriate. (2) Additional information \nEach report of the Bureau submitted under paragraph (1) shall include the assessment of the Bureau of the extent to which compliance with the requirements of this title is being achieved and a summary of the enforcement actions taken by each of the agencies assigned administrative responsibilities under subsection (f).", "id": "idF35B4F92D3F5463D8DC161E3F6902ADF", "header": "Equal access to income share agreements" }, { "text": "502. Prohibition on requiring preauthorized electronic fund transfers under the Electronic Fund Transfer Act \nSection 913(1) of the Electronic Fund Transfer Act ( 15 U.S.C. 1693k(1) ) is amended by inserting , or the entering into an educational ISA or an income share agreement (as those terms are defined in section 2 of the ISA Student Protection Act of 2023 ) with a consumer after a consumer.", "id": "id7CF4D51C681A401C801F0BE05E6E019E", "header": "Prohibition on requiring preauthorized electronic fund transfers under the Electronic Fund Transfer Act" }, { "text": "503. Treatment under the Fair Credit Reporting Act \n(a) In general \nSection 605 of the Fair Credit Reporting Act ( 15 U.S.C. 1681c ) is amended by adding at the end the following: (i) Income share agreement information \nWith respect to an income share agreement (as that term is defined in section 2 of the ISA Student Protection Act of 2023 ), a consumer report made by a consumer reporting agency— (1) may include a description of the contract terms of the income share agreement and, subject to subsection (a), information with respect to amounts that are owed under the income share agreement; and (2) may not include any speculation about future amounts that may be owed under the income share agreement, including the reporting of any payment caps or early termination amounts.. (b) Regulations \nThe Bureau shall promulgate regulations with respect to the manner in which ISA providers may furnish, and consumer reporting agencies may report, information regarding income share agreements.", "id": "id3f177aa7ee224c3490da40961d53b14d", "header": "Treatment under the Fair Credit Reporting Act" }, { "text": "504. Treatment under the Fair Debt Collection Practices Act \n(a) In general \nSection 803 of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692a ) is amended— (1) in paragraph (5), by inserting , including such an obligation or alleged obligation arising out of an income share agreement, as that term is defined in section 2 of the ISA Student Protection Act of 2023 before the period at the end; and (2) in paragraph (6), in the first sentence, by inserting , including an ISA provider (as defined in section 2 of the ISA Student Protection Act of 2023 ), after means any person. (b) Rules of construction \nNothing in this section, or the amendments made by this section, may be construed for purposes of any other Federal law as considering— (1) income share agreements as debts, once the ISA recipient owes any amounts to the ISA provider under the income share agreement; or (2) ISA providers as lenders, once the ISA recipient owes any amounts to the ISA provider under the applicable income share agreement.", "id": "id0E8D2F8E63D148EB892E3B64E4197CE1", "header": "Treatment under the Fair Debt Collection Practices Act" }, { "text": "505. Treatment of educational income share agreements for purposes of Military Lending Act \nSection 987 of title 10, United States Code, is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection: (i) Treatment of educational income share agreements \nThe Secretary of Defense shall prescribe regulations to apply this section to educational ISAs (as that term is defined in section 2 of the ISA Student Protection Act of 2023 ), and an educational ISA shall be deemed to meet the annual percentage rate of interest limitation under subsection (b) of this section if the educational ISA, as applicable, would meet the requirements of section 102(b) of such Act (related to appropriate risk sharing) but with reference to the rate specified in subsection (b) of this section..", "id": "id2949eca4983a420ca5cedca4a6960772", "header": "Treatment of educational income share agreements for purposes of Military Lending Act" }, { "text": "506. Treatment under the Servicemembers Civil Relief Act \nSection 207 of the Servicemembers Civil Relief Act ( 50 U.S.C. 3937 ) is amended— (1) in subsection (d)— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (B) by inserting before paragraph (2), as redesignated by subparagraph (A), the following new paragraph: (1) Educational income share agreement \nThe term educational income share agreement has the meaning given the term educational ISA in section 2 of the ISA Student Protection Act of 2023. ; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (3) by inserting before subsection (e), as redesignated by paragraph (2), the following new subsection (d): (d) Educational income share agreements \n(1) In general \nAn educational income share agreement shall be considered to be in compliance with the requirements of subsection (a) if such agreement is compliant with the requirements of section 102(b) of the ISA Student Protection Act of 2023. (2) Interest rate \nIn carrying out paragraph (1) of this subsection, the interest rate referred to in section 102(b) of such Act shall be deemed to be the rate of interest specified in subsection (a) of this section..", "id": "idb0cc3275ec3343c4863d16e335777cf6", "header": "Treatment under the Servicemembers Civil Relief Act" }, { "text": "507. Preservation of consumers’ claims and defenses \n(a) Application of Holder in Due Course Rule to income share agreements \nBeginning on January 1, 2024, for purposes of applying part 433 of title 16, Code of Federal Regulations (commonly known as the Holder in Due Course Rule or the Holder Rule ), the term consumer credit contract , as defined in section 433.1 of such title, shall include income share agreements that— (1) involve the advancing of funds to, or on behalf of, a consumer in return for the consumer’s agreement to an income share agreement; and (2) are related, in whole or substantial part, to a purchase of goods or services from a seller who— (A) refers the consumer to the provider of the income share agreement; or (B) is affiliated with the provider of the income share agreement by common control, contract, or business arrangement. (b) Disclosures \nIn applying section 433.2 of title 16, Code of Federal Regulations, to a consumer credit contract that is an income share agreement described in subsection (a)— (1) in lieu of the disclosure required under section 433.2(a) of title 16, Code of Federal Regulations, the contract shall contain the following disclosure in at least 10 point, bold face type: NOTICE ANY HOLDER OF THIS INCOME SHARE AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE ISA RECIPIENT COULD ASSERT AGAINST THE SELLER OF THE GOODS OR SERVICES OBTAINED UNDER THE INCOME SHARE AGREEMENT OR WITH THE PROCEEDS OF THE INCOME SHARE AGREEMENT. ANY RECOVERY BY THE ISA RECIPIENT UNDER SUCH A CLAIM OR DEFENSE SHALL NOT EXCEED AMOUNTS PAID BY THE ISA RECIPIENT UNDER THE INCOME SHARE AGREEMENT. ; and (2) in lieu of the disclosure required under section 433.2(b) of title 16, Code of Federal Regulations, the contract shall contain the following disclosure in at least 10 point, bold face type: NOTICE ANY HOLDER OF THIS INCOME SHARE AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE ISA RECIPIENT COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED UNDER THE INCOME SHARE AGREEMENT OR WITH THE PROCEEDS OF THE INCOME SHARE AGREEMENT. ANY RECOVERY UNDER SUCH A CLAIM OR DEFENSE BY THE ISA RECIPIENT SHALL NOT EXCEED AMOUNTS PAID BY THE ISA RECIPIENT UNDER THE INCOME SHARE AGREEMENT..", "id": "id3eaba805f7fe4486a95df1056e31be95", "header": "Preservation of consumers’ claims and defenses" }, { "text": "601. Treatment under other laws \n(a) Insurance and wagering \nAn income share agreement shall not be treated as a contract for insurance, or as a betting or wagering contract, under any Federal or State law, except in the case of a State law that expressly states the law is intended to apply to income share agreements as defined in this Act. (b) Payments not considered prepayments \n(1) In general \nAny right that an ISA recipient may have to pay an amount greater than the amount financed under an income share agreement in order to extinguish the income share agreement earlier than the ISA duration or ISA maximum number of payments shall not be subject to any Federal or State law with respect to prepayment penalties, as long as— (A) the prepayment complies with the limitations on income share agreements required under this Act and the amendments made by this Act; and (B) in the case of a State law, the State law does not expressly state that the law is intended to apply to income share agreements as defined in this Act. (2) Nonapplicability \nAn income share agreement under this Act is not subject to the application of section 140(e) of the Truth in Lending Act ( 15 U.S.C. 1650(e) ), to the extent it would be applicable to an income share agreement. (c) Treatment of educational ISAs \n(1) Assignment of future wages for educational ISAs \nAn educational ISA shall be a valid, binding, and enforceable contract, notwithstanding any State law limiting or otherwise regulating assignments of future wages or other income, except in the case of a State law that expressly states the law is intended to apply to income share agreements as defined in this Act. (2) Preemption of State law with respect to usury and interest rates for educational ISAs \nAn educational ISA shall not be subject to a State law with respect to usury, interest rates, fees, and charges for credit, loans, credit or installment sales, or a State law requiring that installment payments be substantially equal in amount, except in the case of a State law that expressly states the law is intended to apply to income share agreements as defined in this Act. (3) Preemption of State laws with respect to ability-to-repay and licensing laws for educational ISAs \nAn educational ISA shall not be subject to a State law with respect to ability-to-repay requirements, and neither an ISA provider issuing an educational ISA or its successor in interest, nor any entity servicing any educational ISA on behalf of an ISA provider or its successor in interest, shall be subject to any State law with respect to licensing or registration, except in the case of a State law that expressly states the law is intended to apply to income share agreements, as defined in this Act.", "id": "id3724b768132f4ca2ae3e365f22366a08", "header": "Treatment under other laws" }, { "text": "602. Relation to State law \n(a) In General \n(1) Rule of Construction \nThis Act, other than the provisions of titles I and III and section 501, may not be construed as annulling, altering, or affecting, or exempting any person subject to the provisions of this Act from complying with the statutes, regulations, orders, or interpretations in effect in any State, except to the extent that any such provision of law is inconsistent with the provisions of this Act, and then only to the extent of the inconsistency. (2) Greater protection under State law \nFor purposes of this subsection, a statute, regulation, order, or interpretation in effect in any State is not inconsistent with the provisions of this Act if the protection that such statute, regulation, order, or interpretation affords to ISA recipients or applicants is greater than the protection provided under this Act. A determination regarding whether a statute, regulation, order, or interpretation in effect in any State is inconsistent with the provisions of this Act may be made by the Bureau on its own motion or in response to a nonfrivolous petition initiated by any interested person. (b) Relation to other provisions of enumerated consumer laws that relate to State law \nNo provision of this Act, except as provided in titles I and III and section 501, shall be construed as modifying, limiting, or superseding the operation of any provision of an enumerated consumer law that relates to the application of a law in effect in any State with respect to such enumerated consumer law. (c) Additional consumer protection regulations in response to State action \n(1) Notice of proposed rule required \nThe Bureau shall issue a notice of proposed rulemaking whenever a majority of the States has enacted a resolution in support of the establishment or modification of a consumer protection regulation by the Bureau. (2) Bureau considerations required for issuance of final regulation \nBefore prescribing a final regulation based upon a notice issued under paragraph (1), the Bureau shall take into account whether— (A) the proposed regulation would afford greater protection to consumers than any existing regulation; (B) the intended benefits of the proposed regulation for consumers would outweigh any increased costs or inconveniences for consumers, and would not discriminate unfairly against any category or class of consumers; and (C) a Federal banking agency has advised that the proposed regulation is likely to present an unacceptable safety and soundness risk to insured depository institutions. (3) Explanation of considerations \nThe Bureau— (A) shall include a discussion of the considerations required in paragraph (2) in the Federal Register notice of a final regulation prescribed pursuant to this subsection; and (B) whenever the Bureau determines not to prescribe a final regulation, shall publish an explanation of such determination in the Federal Register, and provide a copy of such explanation to each State that enacted a resolution in support of the proposed regulation, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Financial Services of the House of Representatives. (4) Reservation of authority \nNo provision of this subsection shall be construed as limiting or restricting the authority of the Bureau to enhance consumer protection standards established pursuant to this Act in response to a motion of the Bureau or in response to a request by any other interested person. (5) Rule of construction \nNo provision of this subsection shall be construed as exempting the Bureau from complying with subchapter II of chapter 5 of title 5, United States Code.", "id": "id4a72032cb8974471bdc3b1c728f35e48", "header": "Relation to State law" }, { "text": "701. Enforcement \n(a) Enforcing agencies \nSubject to subtitle B of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5511 et seq. ), compliance with the requirements imposed under this Act shall be enforced under— (1) section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 ) by the appropriate Federal banking agency, as defined in section 3(q) of that Act ( 12 U.S.C. 1813(q) ), with respect to— (A) national banks, Federal savings associations, and Federal branches and Federal agencies of foreign banks; (B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act ( 12 U.S.C. 601 et seq. ); and (C) banks and State savings associations insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), and insured State branches of foreign banks; (2) the Federal Credit Union Act ( 12 U.S.C. 1751 et seq. ), by the Director of the National Credit Union Administration, with respect to any Federal credit union; (3) 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 that part; (4) the Packers and Stockyards Act, 1921 ( 7 U.S.C. 191 et seq. ) (except as provided in section 406 of that Act ( 7 U.S.C. 226 )), by the Secretary of Agriculture, with respect to any activities subject to that Act; (5) 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; (6) subtitle E of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5561 et seq. ), by the Bureau, with respect to any person subject to this Act; and (7) sections 21B and 21C of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–2 , 78u–3), in the case of a broker or dealer, other than a depository institution, by the Securities and Exchange Commission. (b) Violations of this Act deemed violations of pre-Existing statutory requirements; additional agency powers \nFor the purpose of the exercise by any agency referred to in subsection (a) of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this Act shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (a), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this Act, any other authority conferred on it by law. (c) Overall enforcement authority of the Bureau of Consumer Financial Protection \nExcept to the extent that enforcement of the requirements imposed under this Act is specifically committed to some other Government agency under any of paragraphs (1) through (5) of subsection (a), and subject to subtitle B of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5511 et seq. ), the Bureau shall be authorized to enforce such requirements. All of the functions and powers of the Bureau under the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5301 et seq. ) are available to the Bureau to enforce compliance by any person with the requirements under this Act, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests under the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5301 et seq. ). (d) Rules and regulations \nThe authority of the Bureau to issue regulations under this Act does not impair the authority of any other agency designated in this section to make rules respecting its own procedures in enforcing compliance with requirements imposed under this Act.", "id": "idAB3FA76C7AFA4545A6FCC3C1B9170848", "header": "Enforcement" }, { "text": "702. Reporting requirement for the Bureau of Consumer Financial Protection \nNot less than frequently than once every 5 years, the Director shall submit to Congress a report that includes— (1) information on the prevalence and utilization of educational ISAs and income share agreements; and (2) any other information pertaining to educational ISAs and income share agreements that the Director determines is appropriate.", "id": "id9ba9181b148b4a63a331c469b3e335ef", "header": "Reporting requirement for the Bureau of Consumer Financial Protection" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Stop the Wait Act of 2023.", "id": "S1", "header": "Short title" }, { "text": "2. Elimination of disability waiting period for social security disability insurance benefits \n(a) Elimination of waiting period for disability insurance benefits \nSection 223 of the Social Security Act ( 42 U.S.C. 423 ) is amended— (1) in subsection (a)— (A) in paragraph (1), in the matter following subparagraph (E)— (i) by striking disability insurance benefit (i) for each month and all that follows through , or (iii) and inserting disability insurance benefit ; and (ii) by striking , but only if and all that follows through under such disability ; and (B) in paragraph (2), by striking as though he had attained age 62 in— and all that follows through such disability insurance benefits, and inserting as though the individual had attained age 62 in the first month for which the individual becomes entitled to such disability insurance benefits, ; and (2) in subsection (c)— (A) in the subsection heading, by striking Definitions of Insured Status and Waiting Period and inserting Definition of Insured Status ; (B) by striking For purposes of this section and all that follows through in any month if— and inserting For purposes of this section, an individual shall be insured for disability insurance benefits in any month if— ; (C) by striking paragraph (2); (D) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively (and adjusting the margins accordingly); (E) in paragraph (2) (as so redesignated)— (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 clause (i) and inserting subparagraph (A) ; and (F) in the matter following subparagraph (C) (as so redesignated), by striking subparagraph (B) of this paragraph each place it appears and inserting this paragraph. (b) Phase-Down of waiting period for disability insurance benefits \nFor purposes of applications for disability insurance benefits filed on or after the date of enactment of this Act and before January 1, 2028, section 223(c)(2) of the Social Security Act ( 42 U.S.C. 423(c)(2) ) shall be applied by making the following substitutions: (1) For applications filed in calendar year 2023, 2024, or 2025, substitute three for five and fifteenth for seventeenth each place it appears. (2) For applications filed in calendar year 2026, substitute two for five and fourteenth for seventeenth each place it appears. (3) For applications filed in calendar year 2027, substitute one for five and thirteenth for seventeenth each place it appears. (c) Effective date \nThe amendments made by subsection (a) shall take effect on January 1, 2028, and apply with respect to applications for disability insurance benefits filed on or after January 1, 2028. (d) Conforming amendments \nEffective January 1, 2028: (1) Section 223(a)(1)(A) of the Social Security Act ( 42 U.S.C. 423(a)(1)(A) ) is amended by striking (c)(1) and inserting (c). (2) Section 7(d)(3) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231f(d)(3) ) is amended by striking 223(c)(1) and inserting 223(c).", "id": "HFFDDBB4247784DF8B548515031B82BD3", "header": "Elimination of disability waiting period for social security disability insurance benefits" }, { "text": "3. Medicare eligibility for certain individuals during waiting period for Social Security Disability Insurance benefits \n(a) Elimination of waiting period for certain individuals without minimum essential coverage \n(1) In general \nSection 226 the Social Security Act ( 42 U.S.C. 426 ) is amended by adding at the end the following new subsection: (j) (1) For purposes of applying this section in the case of an eligible individual described in paragraph (2), the following special rules shall apply: (A) Subsection (b)(2) shall be applied as if there were no requirement for any entitlement to benefits, or status, for a period of 24 months prior to receiving such benefits or status. (B) The entitlement under such subsection shall be available retroactively to the first day of the first month (rather than twenty-fifth month) of entitlement or status. (C) Subsection (f) shall not be applied. (2) For purposes of applying this section, an eligible individual is an individual, with respect to a month— (A) who has not yet attained the age of 65; (B) who is entitled to benefits described in subparagraph (A) of subsection (b)(2); and (C) with respect to whom section 5000A(e)(1)(A) of the Internal Revenue Code of 1986 would apply if the reference to 8 percent in such section were a reference to 8.5 percent.. (2) Conforming amendments \nSection 1811 of the Social Security Act ( 42 U.S.C. 1395c ) is amended— (A) by striking and at the end of paragraph (2); and (B) by inserting the following before the period at the end: , and (4) eligible individuals (as described in section 226(j)(2)). (b) Special enrollment period and coverage application for certain individuals without minimum essential coverage \nSection 1837 of the Social Security Act ( 42 U.S.C. 1395p ) is amended by adding at the end the following new subsection: (p) (1) In applying this section in the case of an eligible individual who is entitled to benefits under part A pursuant to the operation of section 226(j), the following special rules shall apply: (A) The initial enrollment period under subsection (d) shall begin on the first day of the first month in which the individual satisfies the requirement of section 1836(a)(1). (B) In applying subsection (g)(1), the initial enrollment period shall begin on the first day of the first month of entitlement to disability insurance benefits referred to in such subsection. (2) In applying this section in the case of an individual who became entitled to benefits under part A, but had not been entitled to such benefits for a period of 24 calendar months as of the date of enactment of the Stop the Wait Act of 2023 , and is entitled to such benefits pursuant to the application of section 226(j), the initial enrollment period under subsection (d) for such individual shall begin on the first day of the first month following such date of enactment and shall end seven months later..", "id": "HF5FB77F4192E46C8A25E7E5CB0A7E32F", "header": "Medicare eligibility for certain individuals during waiting period for Social Security Disability Insurance benefits" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Senator James L. Buckley Seashore Designation Act.", "id": "S1", "header": "Short title" }, { "text": "2. Designation of Senator James L. Buckley Seashore \n(a) Designation \nThe Staten Island Unit of the Gateway National Recreation Area described in subsection (a)(4) of the first section of Public Law 92–592 ( 16 U.S.C. 460cc ) is designated as the Senator James L. Buckley Seashore. (b) References \nAny reference in a law, map, regulation, document, record, or other paper of the United States to the unit of the Gateway National Recreation Area described in subsection (a) shall be considered to be a reference to the Senator James L. Buckley Seashore.", "id": "idDF4E7C9532914CD79538B94D0471866C", "header": "Designation of Senator James L. Buckley Seashore" } ]

[ { "text": "1. Short title \nThis Act may be cited as the American Economic Diplomacy Act.", "id": "S1", "header": "Short title" }, { "text": "2. Modification to annual report on trade agreements program and national trade policy agenda \nSection 163(a)(3)(A) of the Trade Act of 1974 ( 19 U.S.C. 2213(a)(3)(A) ) is amended— (1) by redesignating clause (iv) as clause (v); (2) in clause (iii), by striking and at the end; and (3) by inserting after clause (iii) the following: (iv) how such objectives and priorities support and advance the objectives of— (I) the national defense strategy under 113(g) of title 10, United States Code; and (II) the national security strategy of the United States under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ); and.", "id": "id7E262B7403A4451989595872C5A023F1", "header": "Modification to annual report on trade agreements program and national trade policy agenda" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act.", "id": "idcc856b1ddf1c471aa03c5979ec799248", "header": "Short title" }, { "text": "2. Banning insider trading in Congress \n(a) In general \nThe Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by inserting after title I the following: II Banning insider trading in Congress \n201. Definitions \nIn this title: (1) Covered financial instrument \n(A) In general \nThe term covered financial instrument means— (i) any investment in— (I) a security (as defined in section 3(a) of Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )); (II) a security future (as defined in that section); or (III) a commodity (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )); and (ii) any economic interest comparable to an interest described in clause (i) that is acquired through synthetic means, such as the use of a derivative, including an option, warrant, or other similar means. (B) Exclusions \nThe term covered financial instrument does not include— (i) a diversified mutual fund; (ii) a diversified exchange-traded fund; (iii) a United States Treasury bill, note, or bond; or (iv) compensation from the primary occupation of a spouse or dependent of a Member of Congress. (2) Member of Congress \nThe term Member of Congress has the meaning given the term in section 109. (3) Qualified blind trust \nThe term qualified blind trust has the meaning given the term in section 102(f)(3). (4) Supervising ethics committee \nThe term supervising ethics committee means, as applicable— (A) the Select Committee on Ethics of the Senate; and (B) the Committee on Ethics of the House of Representatives. 202. Prohibition on certain transactions and holdings involving covered financial instruments \n(a) Prohibition \nExcept as provided in subsection (b), a Member of Congress, or any spouse of a Member of Congress, may not, during the term of service of the Member of Congress, hold, purchase, or sell any covered financial instrument. (b) Exceptions \nThe prohibition under subsection (a) shall not apply to— (1) a sale by a Member of Congress, or a spouse of a Member of Congress, that is completed by the date that is— (A) for a Member of Congress serving on the date of enactment of the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act , 180 days after that date of enactment; and (B) for any Member of Congress who commences service as a Member of Congress after the date of enactment of the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act , 180 days after the first date of the initial term of service; or (2) a covered financial instrument held in a qualified blind trust operated on behalf of, or for the benefit of, the Member of Congress or spouse of the Member of Congress. (c) Penalties \n(1) Disgorgement \nA Member of Congress shall disgorge to the Treasury of the United States any profit from a transaction or holding involving a covered financial instrument that is conducted in violation of this section. (2) Income tax \nA loss from a transaction or holding involving a covered financial instrument that is conducted in violation of this section may not be deducted from the amount of income tax owed by the applicable Member of Congress or spouse of a Member of Congress. (3) Fines \nA Member of Congress who holds or conducts a transaction involving, or whose spouse holds or conducts a transaction involving, a covered financial instrument in violation of this section may be subject to a civil fine assessed by the supervising ethics committee under section 204. 203. Certification of compliance \n(a) In general \nNot less frequently than annually, each Member of Congress shall submit to the applicable supervising ethics committee a written certification that the Member of Congress has achieved compliance with the requirements of this title. (b) Publication \nThe supervising ethics committees shall publish each certification submitted under subsection (a) on a publicly available website. 204. Authority of supervising ethics committees \n(a) In general \nThe supervising ethics committees may implement and enforce the requirements of this title, including by— (1) issuing— (A) for Members of Congress— (i) rules governing that implementation; and (ii) 1 or more reasonable extensions to achieve compliance with this title, if the supervising ethics committee determines that a Member of Congress is making a good faith effort to divest any covered financial instruments; and (B) guidance relating to covered financial instruments; (2) publishing on the internet certifications submitted by Members of Congress under section 203(a); and (3) assessing civil fines against any Member of Congress who is in violation of this title, subject to subsection (b). (b) Requirements for civil fines \n(1) In general \nBefore imposing a fine pursuant to this section, a supervising ethics committee shall provide to the applicable Member of Congress— (A) a written notice describing each covered financial instrument transaction for which a fine will be assessed; and (B) an opportunity, with respect to each such covered financial instrument transaction— (i) for a hearing; and (ii) to achieve compliance with the requirements of this title. (2) Publication \nEach supervising ethics committee shall publish on a publicly available website a description of— (A) each fine assessed by the supervising ethics committee pursuant to this section; (B) the reasons why each such fine was assessed; and (C) the result of each assessment, including any hearing under paragraph (1)(B)(i) relating to the assessment. (3) Appeal \nA Member of Congress may appeal the assessment of a fine under this section to a vote on the floor of the Senate or the House of Representatives, as applicable, as a privileged motion. 205. Audit by Government Accountability Office \nNot later than 2 years after the date of enactment of the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act , the Comptroller General of the United States shall— (1) conduct an audit of the compliance by Members of Congress with the requirements of this title; and (2) submit to the supervising ethics committees a report describing the results of the audit conducted under paragraph (1).. (b) Conforming amendments \n(1) Section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) in the matter preceding paragraph (1), by striking For the purposes of this title, the term— and inserting In this title: ; (B) in paragraph (1), by striking means and all that follows through Representatives; and inserting the following: means, as applicable— (A) the Select Committee on Ethics of the Senate; and (B) the Committee on Ethics of the House of Representatives. ; (C) in each of paragraphs (2) through (17), by striking the semicolon at the end of the paragraph and inserting a period; (D) in paragraph (18)— (i) in subparagraph (B), by striking Standards of Official Conduct and inserting Ethics ; and (ii) in subparagraph (D), by striking ; and at the end and inserting a period; (E) in each of paragraphs (1) through (19)— (i) by inserting The term after the paragraph designation; and (ii) by inserting a paragraph heading, the text of which is comprised of the term defined in that paragraph; and (F) by redesignating paragraphs (8) and (9) as paragraphs (9) and (8), respectively, and moving the paragraphs so as to appear in numerical order. (2) Section 101(f) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) in paragraph (9), by striking as defined under section 109(12) ; (B) in paragraph (10), by striking as defined under section 109(13) ; (C) in paragraph (11), by striking as defined under section 109(10) ; and (D) in paragraph (12), by striking as defined under section 109(8). (3) Section 111(2) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking Standards of Official Conduct and inserting Ethics. (4) Section 402 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) in subsection (b), by striking title II of each place it appears; and (B) in subsection (f)(2)(B)— (i) by striking Subject to clause (iv) of this subparagraph, before each place it appears and inserting Before ; and (ii) by striking clause (iv). (5) Section 503(1)(A) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking Standards of Official Conduct and inserting Ethics. (6) Section 3(4)(D) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602(4)(D) ) is amended by striking legislative branch employee serving in a position described under section 109(13) of the Ethics in Government Act of 1978 (5 U.S.C. App.) and inserting officer or employee of the Congress (as defined in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)). (7) Section 21A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–1 ) is amended— (A) in subsection (g)(2)(B)(ii), by striking section 109(11) of the Ethics in Government Act of 1978 ( 5 U.S.C. App. 109(11) ) and inserting section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) ; and (B) in subsection (h)(2)— (i) in subparagraph (B), by striking section 109(8) of the Ethics in Government Act of 1978 ( 5 U.S.C. App. 109(8) ) and inserting section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) ; and (ii) in subparagraph (C), by striking under section 109(10) of the Ethics in Government Act of 1978 ( 5 U.S.C. App. 109(10) ) and inserting in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.).", "id": "id69EE7B4A3A804F339FEF5DF1FA91CFEE", "header": "Banning insider trading in Congress" }, { "text": "201. Definitions \nIn this title: (1) Covered financial instrument \n(A) In general \nThe term covered financial instrument means— (i) any investment in— (I) a security (as defined in section 3(a) of Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )); (II) a security future (as defined in that section); or (III) a commodity (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )); and (ii) any economic interest comparable to an interest described in clause (i) that is acquired through synthetic means, such as the use of a derivative, including an option, warrant, or other similar means. (B) Exclusions \nThe term covered financial instrument does not include— (i) a diversified mutual fund; (ii) a diversified exchange-traded fund; (iii) a United States Treasury bill, note, or bond; or (iv) compensation from the primary occupation of a spouse or dependent of a Member of Congress. (2) Member of Congress \nThe term Member of Congress has the meaning given the term in section 109. (3) Qualified blind trust \nThe term qualified blind trust has the meaning given the term in section 102(f)(3). (4) Supervising ethics committee \nThe term supervising ethics committee means, as applicable— (A) the Select Committee on Ethics of the Senate; and (B) the Committee on Ethics of the House of Representatives.", "id": "id67a63ee06986481bbd5c2b35de16ccbd", "header": "Definitions" }, { "text": "202. Prohibition on certain transactions and holdings involving covered financial instruments \n(a) Prohibition \nExcept as provided in subsection (b), a Member of Congress, or any spouse of a Member of Congress, may not, during the term of service of the Member of Congress, hold, purchase, or sell any covered financial instrument. (b) Exceptions \nThe prohibition under subsection (a) shall not apply to— (1) a sale by a Member of Congress, or a spouse of a Member of Congress, that is completed by the date that is— (A) for a Member of Congress serving on the date of enactment of the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act , 180 days after that date of enactment; and (B) for any Member of Congress who commences service as a Member of Congress after the date of enactment of the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act , 180 days after the first date of the initial term of service; or (2) a covered financial instrument held in a qualified blind trust operated on behalf of, or for the benefit of, the Member of Congress or spouse of the Member of Congress. (c) Penalties \n(1) Disgorgement \nA Member of Congress shall disgorge to the Treasury of the United States any profit from a transaction or holding involving a covered financial instrument that is conducted in violation of this section. (2) Income tax \nA loss from a transaction or holding involving a covered financial instrument that is conducted in violation of this section may not be deducted from the amount of income tax owed by the applicable Member of Congress or spouse of a Member of Congress. (3) Fines \nA Member of Congress who holds or conducts a transaction involving, or whose spouse holds or conducts a transaction involving, a covered financial instrument in violation of this section may be subject to a civil fine assessed by the supervising ethics committee under section 204.", "id": "idB57EBDB2A5B442A8B6AAE1DED54E6142", "header": "Prohibition on certain transactions and holdings involving covered financial instruments" }, { "text": "203. Certification of compliance \n(a) In general \nNot less frequently than annually, each Member of Congress shall submit to the applicable supervising ethics committee a written certification that the Member of Congress has achieved compliance with the requirements of this title. (b) Publication \nThe supervising ethics committees shall publish each certification submitted under subsection (a) on a publicly available website.", "id": "id2ab6956343674d66af0f8d6a9957e30a", "header": "Certification of compliance" }, { "text": "204. Authority of supervising ethics committees \n(a) In general \nThe supervising ethics committees may implement and enforce the requirements of this title, including by— (1) issuing— (A) for Members of Congress— (i) rules governing that implementation; and (ii) 1 or more reasonable extensions to achieve compliance with this title, if the supervising ethics committee determines that a Member of Congress is making a good faith effort to divest any covered financial instruments; and (B) guidance relating to covered financial instruments; (2) publishing on the internet certifications submitted by Members of Congress under section 203(a); and (3) assessing civil fines against any Member of Congress who is in violation of this title, subject to subsection (b). (b) Requirements for civil fines \n(1) In general \nBefore imposing a fine pursuant to this section, a supervising ethics committee shall provide to the applicable Member of Congress— (A) a written notice describing each covered financial instrument transaction for which a fine will be assessed; and (B) an opportunity, with respect to each such covered financial instrument transaction— (i) for a hearing; and (ii) to achieve compliance with the requirements of this title. (2) Publication \nEach supervising ethics committee shall publish on a publicly available website a description of— (A) each fine assessed by the supervising ethics committee pursuant to this section; (B) the reasons why each such fine was assessed; and (C) the result of each assessment, including any hearing under paragraph (1)(B)(i) relating to the assessment. (3) Appeal \nA Member of Congress may appeal the assessment of a fine under this section to a vote on the floor of the Senate or the House of Representatives, as applicable, as a privileged motion.", "id": "id2feecdf73eec43938e3d8015112b1492", "header": "Authority of supervising ethics committees" }, { "text": "205. Audit by Government Accountability Office \nNot later than 2 years after the date of enactment of the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act , the Comptroller General of the United States shall— (1) conduct an audit of the compliance by Members of Congress with the requirements of this title; and (2) submit to the supervising ethics committees a report describing the results of the audit conducted under paragraph (1).", "id": "idc275a7bd9a14452a9be1ec0c04d73755", "header": "Audit by Government Accountability Office" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Charitable Act.", "id": "id79ADBDABA9A34533B0BD3C9BCEADBFF4", "header": "Short title" }, { "text": "2. Modification and extension of deduction for charitable contributions for individuals not itemizing deductions \n(a) In general \nSubsection (p) of section 170 of the Internal Revenue Code of 1986 is amended to read as follows: (p) Special rule for taxpayers who do not elect To itemize deductions \nIn the case of a taxable year beginning in 2023 or 2024, the deduction under this subsection for the taxable year shall be equal to so much of the deduction determined under this section (without regard to this subsection) for such taxable year as does not exceed an amount equal to 1/3 of the amount of the standard deduction with respect to such individual for such taxable year. This subsection shall apply only in the case of an individual who does not elect to itemize deductions for the taxable year.. (b) Elimination of penalty \n(1) In general \nSection 6662(b) of the Internal Revenue Code of 1986 is amended by striking paragraph (9) and by redesignating paragraph (10) as paragraph (9). (2) Increased penalty \nSection 6662 of such Code is amended by striking subsection (l). (3) Conforming amendments \n(A) Sections 6662(h)(2)(D) of such Code is amended by striking subsection (b)(10) and inserting subsection (b)(9). (B) Section 6664(c)(2) of such Code is amended by striking section 6662(b)(10) and inserting section 6662(b)(9). (C) Section 6751(b)(2)(A) of such Code is amended by striking by reason of paragraph (9) or (10) of subsection (b) thereof and inserting by reason of subsection (b)(9) thereof. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2022.", "id": "id2BF90B77C2644E7BA448A2E94C3147B8", "header": "Modification and extension of deduction for charitable contributions for individuals not itemizing deductions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Crucial Communism Teaching Act.", "id": "HBD6B301FD00142508683AC3D8CC6E451", "header": "Short title" }, { "text": "2. Purposes \nThe purposes of this Act are the following: (1) To help families, civic institutions, local communities, local educational agencies, high schools, and State educational agencies to prepare high school students to be civically responsible and knowledgeable adults. (2) To ensure that high school students in the United States— (A) learn that communism has led to the deaths of more than 100,000,000 victims worldwide; (B) understand the dangers of communism and similar political ideologies; and (C) understand that 1,500,000,000 people still suffer under communism.", "id": "H531837FD0B964F08854AB0F1F3308C94", "header": "Purposes" }, { "text": "3. Development and dissemination of civic education curriculum and oral history resources \nThe independent entity created under section 905(b)(1)(B) of the FRIENDSHIP Act ( Public Law 103–199 ; 107 Stat. 2331), also known as the Victims of Communism Memorial Foundation , shall— (1) develop a civic education curriculum for high school students that— (A) includes a comparative discussion of certain political ideologies, including communism and totalitarianism, that conflict with the principles of freedom and democracy that are essential to the founding of the United States; (B) is accurate, relevant, and accessible, so as to promote the understanding of such political ideologies; and (C) is compatible with a variety of courses, including social studies, government, history, and economics classes; (2) develop oral history resources that may be used alongside the curriculum described in paragraph (1) and that include personal stories, titled Portraits in Patriotism , from diverse individuals who— (A) demonstrate civic-minded qualities; (B) are victims of the political ideologies described in paragraph (1)(A); and (C) are able to compare the political ideologies described in paragraph (1)(A) with the political ideology of the United States; and (3) engage with State and local educational leaders to assist high schools in using the curriculum described in paragraph (1) and the resources described in paragraph (2).", "id": "H5A25C358D3C34763BC1ACBD16DFB1945", "header": "Development and dissemination of civic education curriculum and oral history resources" }, { "text": "4. Definitions \nThe terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) shall apply to this Act.", "id": "H0BDA01FAD9864483915BADEB65F0888D", "header": "Definitions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Ensuring the FDA Fully Examines Clinical Trial Impact and Vitalness before Endorsement Act or the EFFECTIVE Act.", "id": "S1", "header": "Short title" }, { "text": "2. Requirement for approval of new opioid analgesics \nSection 505(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c) ) is amended by adding at the end the following: (6) Notwithstanding any other provision of this section, the Secretary may deny approval of an application submitted under subsection (b) for an opioid analgesic drug if the Secretary determines that such drug does not provide a significant advantage, in terms of greater safety or effectiveness, compared to an appropriate comparator drug, as determined by the Secretary..", "id": "id68F489C3C0C24BBB9146C6A5CA25E1DB", "header": "Requirement for approval of new opioid analgesics" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Advertising Middlemen Endangering Rigorous Internet Competition Accountability Act or the AMERICA Act.", "id": "S1", "header": "Short title" }, { "text": "2. Digital advertising trading transparency and competition \nThe Clayton Act ( 15 U.S.C. 12 et seq. ) is amended by inserting after section 8 ( 15 U.S.C. 19 ) the following: 8A. Competition and transparency in digital advertising \n(a) Definitions \nIn this section: (1) Brokerage customer \nThe term brokerage customer means a person who has purchased or sold digital advertisements, or directly related goods or services, through a buy-side brokerage or a sell-side brokerage. (2) Buy-side brokerage \nThe term buy-side brokerage means a person in the business of effecting transactions on digital advertising exchanges, including by offering software or services that assist in serving or displaying digital advertisements, for other buyers. (3) Digital advertisement \nThe term digital advertisement means an advertisement that is served electronically over a computer network, including the internet. (4) Digital advertising exchange \nThe term digital advertising exchange means a person who constitutes, maintains, or provides a marketplace for or facilitates bringing together buyers and 1 or more third-party sellers of digital advertisements, or for otherwise performing with respect to digital advertising the functions commonly performed by a digital advertising marketplace. (5) Digital advertising revenue \nThe term digital advertising revenue means the greater of— (A) global revenue derived from or directly related to the operation of a digital advertising exchange, a buy-side brokerage, or a sell-side brokerage; (B) the sum of the clearing prices of all digital advertisements bought or sold from or through a digital advertising exchange; (C) the total value of the gross advertising spending managed by a buy-side brokerage; or (D) the total value of the gross advertising sales managed by a sell-side brokerage. (6) Divestiture deadline \nThe term divestiture deadline means the later of— (A) 30 days after the date on which the Attorney General approves or denies a required divestiture; or (B) 30 days after the expiration of any applicable waiting period specified in section 7A. (7) Effective date \nThe term effective date means the date that is 1 year after the date of enactment of this section. (8) Own \nThe term own means to own, operate, or control, directly or indirectly, in whole or in part. (9) Person \nThe term person includes— (A) any subsidiary of an entity; and (B) any corporate parent of an entity. (10) Required divestiture \nThe term required divestiture — (A) means a divestiture, sale, or other transaction undertaken to comply with any provision of this Act; and (B) does not include any action required by a court of the United States. (11) Sell-side brokerage \nThe term sell-side brokerage means a person in the business of effecting transactions on digital advertising exchanges, including by offering software or services that assist in serving or displaying digital advertisements, for third-party sellers. (12) Third-party \nThe term third-party means, for each person subject to this Act, an entity that— (A) neither owns nor is owned by the person; and (B) is not affiliated with the person through direct or indirect ownership or control. (b) Prohibitions \nNo person with more than $20,000,000,000 (as adjusted each year on January 1 by an amount equal to the percentage increase, if any, in the Consumer Price Index, as determined by the Department of Labor or its successor) in digital advertising revenue during the previous calendar year may, after the effective date— (1) own a digital advertising exchange if the person— (A) owns a sell-side brokerage or a buy-side brokerage; or (B) is a seller of digital advertising space; (2) own a sell-side brokerage if the person owns a buy-side brokerage; or (3) own a buy-side brokerage or a sell-side brokerage if the person is a buyer or seller of digital advertising space. (c) Requirements \nOn and after the effective date, any person with more than $5,000,000,000 (as adjusted each year on January 1 by an amount equal to the percentage increase, if any, in the Consumer Price Index, as determined by the Department of Labor or its successor) in digital advertising revenue during the previous calendar year shall be subject to the following requirements: (1) Best interest duty \nA buy-side brokerage or sell-side brokerage— (A) shall, in the course of providing services as a brokerage, use reasonable diligence, care, and skill to act in the best interests of the brokerage customers; and (B) may not put the interests of the brokerage ahead of those of the brokerage customers. (2) Best execution duty \nA buy-side brokerage or sell-side brokerage shall seek the most favorable terms reasonably available under the circumstances for each order transaction of the brokerage customer. (3) Transparency requirements \n(A) In general \nUpon written request from a brokerage customer, a buy-side brokerage or sell-side brokerage shall supply to the brokerage customer, within a reasonable time, information sufficient to permit the brokerage customer to verify compliance of the brokerage with the obligations under paragraphs (1) and (2). (B) Contents \nThe information described in subparagraph (A) shall include, if requested and to the extent such information is collected by the brokerage in the ordinary course of business— (i) in the case of a sell-side brokerage providing information to a sell-side brokerage customer— (I) a unique and persistent identifier that identifies each unique digital advertising space for sale; (II) for each identifier described in subclause (I), all bids received, and, for each bid received, the bid submitted to the digital advertising exchange on behalf of the buy-side brokerage customer, the winning price, the uniform resource locator or other property identifier at the lowest level of granularity, the identity of the digital advertising exchange or other digital advertising venue returning the bid, date, time that the bid response was received in microseconds or a lower level of granularity, web domain associated with the advertising creative, the advertising creative size and format, and whether the bid won the impression of the seller; (III) the nature of any data collected or derived from the brokerage customer or any user or customer of the brokerage customer, and the ways in which the data is used by the sell-side brokerage; (IV) the order or bid routing practices or processes, including any material exceptions to the standard practice of the brokerage; and (V) the source and nature of any compensation paid or received in connection with transactions; and (ii) in the case of a buy-side brokerage providing information to a buy-side brokerage customer— (I) all bids won by the buy-side brokerage customer, and for each bid won, the maximum allowed bid of the advertiser, if any, the uniform resource locator or other property identifier at the lowest level of granularity, date, the digital advertising exchange, the web domain associated with the advertising creative, the advertising creative size and format, the winning price, the bid submitted to the digital advertising exchange on behalf of the buy-side brokerage customer, and, if possible, whether the ad served and whether the ad rendered; (II) the order or bid routing practices or processes; and (III) the source and nature of any compensation paid or received in connection with transactions. (C) Retention of records \nBrokerages shall retain the applicable records specified in subparagraph (B) collected in the ordinary course of business until provided to a requesting brokerage customer but not longer than 90 days. Brokerages shall retain billing information for brokerage customers for not fewer than 12 months. (D) User privacy \n(i) In general \nWhen providing information to a brokerage customer in response to a request authorized by subparagraph (A), the brokerage shall, to the greatest extent possible consistent with the purpose of subparagraph (A), anonymize, hash, or otherwise render the information incapable of being tied to an individual web user. (ii) Prohibiting tracking \nA brokerage customer may not use data or information received in response to a request made under subparagraph (A) for any purpose other than— (I) verifying compliance of a brokerage with the obligations under paragraphs (1) and (2); or (II) bringing an action under subsection (d)(3). (4) Firewalls \n(A) Buy-side and sell-side brokerages \nBuy-side brokerages and sell-side brokerages shall establish, maintain, and enforce written policies and procedures reasonably designed to ensure compliance with the obligations under this subsection. (B) Other persons \nPersons not subject to prohibitions under subsection (b) shall establish, maintain, and enforce written policies and procedures reasonably designed to ensure that the buy-side brokerage, sell-side brokerage, digital advertising exchange, and role as a buyer or seller of digital advertising, as applicable, operate separate and independent from one another and transact business at arm’s length. (5) Fair access duty \nA digital advertising exchange shall provide every buyer and seller in the exchange fair access, including with respect to operations of the exchange, colocation, any technology systems or data, information related to transactions, service, or products offered, exchange processes, and functionality. (6) Time synchronization \nA digital advertising exchange, buy-side brokerage, or sell-side brokerage shall— (A) synchronize its business clocks at a minimum to within a 2 milliseconds tolerance of the time maintained by the atomic clock of the National Institute of Standards and Technology; and (B) maintain the synchronization described in subparagraph (A). (7) Data ownership \nAll records pertaining to an order solicited or submitted by a brokerage customer, and the subsequent result of the order, shall remain the property of the customer, including any bids solicited from or submitted to any digital advertising exchange, unless the information is otherwise publicly available. (8) Routing practices disclosure \n(A) In general \nEvery sell-side brokerage and buy-side brokerage shall— (i) make publicly available for each calendar quarter a report on the order routing practices of the sell-side brokerage or buy-side brokerage, as applicable, for digital advertisements during the quarter broken down by calendar month; and (ii) retain the report described in clause (i) posted on an internet website that is free and readily accessible to the public for the 3-year period beginning on the date on which the report is posted. (B) Format \nReports made available pursuant to subparagraph (A) shall— (i) be rendered in a format that makes the reports readily informative to the average brokerage customer; and (ii) include for the 10 venues to which the largest number of total bid requests or bid responses were routed for execution and for any venue to which 5 percent or more of bid requests or bid responses were routed for execution— (I) the total number of bids routed; (II) the total number of bids executed; (III) the fill rate of bids; (IV) the average net execution fee or rebate per 1,000 impressions; (V) the average time in milliseconds between when a bid request is sent and when a bid response is received; and (VI) the value and form of any compensation given in exchange for routing or execution. (9) Certification \nA digital advertising exchange, buy-side brokerage, or sell-side brokerage shall certify to the Attorney General on an annual basis that the digital advertising exchange has complied with the requirements under this subsection. (d) Enforcement \n(1) Attorney general and state attorneys general \n(A) Definition \nIn this paragraph, the term Fund means the Antitrust Consumer Damages Fund established under subparagraph (D). (B) Civil action \nThe Attorney General and State attorneys general may bring an action on behalf of persons in the United States injured in their business or property by reason of any violation of this section in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall— (i) in a case brought by the Attorney General or a State attorney general, be entitled to injunctive relief; and (ii) in a case brought by the Attorney General, recover damages sustained by such persons. (C) Damages \n(i) In general \nThe court may award under this subsection, pursuant to a motion by the Attorney General promptly made, simple interest on actual damages in accordance with subparagraph (B). (ii) No duplicative award \nA court may not award any damages under this subparagraph that are duplicative of damages awarded before the date of the award under this subparagraph in a separate civil action pertaining to the same conduct and injured party. (iii) Payments \nA court awarding damages to a person in a civil action after the date of an award of damages under this subsection that would be duplicative of damages awarded to the Attorney General on behalf of the person shall direct that such damages shall first be paid by the Attorney General from amounts in the Fund and, to the extent such damages are not fully paid from amounts in the Fund, shall be paid by the defendant. (D) Antitrust Consumer Damages Fund \n(i) In general \nThere is established in the Treasury of the United States a fund to be known as the Antitrust Consumer Damages Fund , which shall consist of amounts deposited under clause (ii). (ii) Deposits and availability \nNotwithstanding section 3302 of title 31, United States Code, any amounts received by the Attorney General under an award under this subsection— (I) shall be deposited in the Fund; and (II) shall be available to the Attorney General, without further appropriation, for distribution to persons in the United States harmed by the applicable violation of the Sherman Act ( 15 U.S.C. 1 et seq. ). (iii) Deposits into general fund \nEffective on the day after the date that is 10 years after the date on which an award is received under this paragraph, the unobligated balances in the Fund of amounts that were received under the award are rescinded and shall be deposited in the general fund of the Treasury. (2) Divestiture enforcement \nThe Attorney General may bring an action on behalf of the United States in any district court of the United States in the district in which the defendant resides or is found or has an agent, and may obtain injunctive relief upon showing by a preponderance of the evidence that the defendant has— (A) violated a requirement of subsection (e); or (B) undertaken a required divestiture that unnecessarily harms or threatens competition in any market. (3) Private right of action \n(A) In general \nA brokerage customer harmed by a knowing violation of subsection (c) by a person with more than $20,000,000,000 (as adjusted each year on January 1 by an amount equal to the percentage increase, if any, in the Consumer Price Index, as determined by the Department of Labor or its successor) in digital advertising revenue during the previous calendar year may bring a civil action in an appropriate court to obtain injunctive relief, if appropriate, and recover damages in the amount of the greater of— (i) $1,000,000 for each month in which the violation occurred and reasonable attorney’s fees; or (ii) actual damages and reasonable attorney’s fees. (B) No class action waiver \nNo person covered by this section may require a class action waiver for claims under this section, including for arbitration. (C) Timing \nA civil action for a violation of subsection (b) may be brought at any time after the later of— (i) the expiration of any applicable divestiture deadline; or (ii) the expiration of the deadline described in subsection (e)(1) if no filing has been made. (e) Divestiture \n(1) Filing \nAny agreement or other document setting out the terms of a required divestiture shall be filed with the Attorney General not later than the later of— (A) the effective date; or (B) the earlier of— (i) 30 days after the date on which an agreement making a required divestiture under this Act is executed; or (ii) 180 days after meeting the criteria specified in any paragraph of subsection (b). (2) Attorney general review \nThe Attorney General shall approve a required divestiture upon a showing by the person making the divestiture that the terms of the divestiture, including the qualifications of any counterparty to the divestiture, will not unnecessarily harm or threaten competition in any market. (3) Timing \n(A) In general \nThe Attorney General shall grant or deny approval of a required divestiture, unless agreed to by the parties, not later than the later of— (i) 60 days after receipt of all information obtained pursuant to subparagraph (5); or (ii) 60 days after receipt of the filing made under subparagraph (1). (B) Completion \nA divestiture shall be completed not later than the divestiture deadline. (4) Guidance \nThe Attorney General shall— (A) not later than 120 days after the date of enactment of this section, issue guidance on the divestiture process under this subsection and the certification requirement under subsection (c)(9); and (B) update the guidance described in subparagraph (A) as the Attorney General determines is appropriate. (5) Compulsory process \nThe Attorney General may request or issue a civil investigative demand under section 3 of the Antitrust Civil Process Act ( 15 U.S.C. 1312 ) for documents from any person involved in a required divestiture to determine the competitive effects of the divestiture. (f) Rules of construction \nNothing in this section shall— (1) prohibit a person from— (A) selling their own inventory of advertising space if— (i) the inventory was not acquired solely for the purposes of resale, except to monetize the content or intellectual property of the person; and (ii) the person does not also assist a third party in the sale or purchase of advertising space, other than purchasing advertising space from the person; or (B) buying inventory to market the products or services of the person; (2) abridge or supersede any provision of, or rules issued pursuant to, section 7A; (3) prohibit a person from, consistent with the antitrust laws, entering into a joint venture or other collaboration to prevent harm from spam, fraud, or other forms of abuse in digital advertising; or (4) require the disclosure of information if the disclosure would violate a law of the United States or a foreign country..", "id": "ida5cd5d8a20ca40b1b11270654a74b934", "header": "Digital advertising trading transparency and competition" }, { "text": "8A. Competition and transparency in digital advertising \n(a) Definitions \nIn this section: (1) Brokerage customer \nThe term brokerage customer means a person who has purchased or sold digital advertisements, or directly related goods or services, through a buy-side brokerage or a sell-side brokerage. (2) Buy-side brokerage \nThe term buy-side brokerage means a person in the business of effecting transactions on digital advertising exchanges, including by offering software or services that assist in serving or displaying digital advertisements, for other buyers. (3) Digital advertisement \nThe term digital advertisement means an advertisement that is served electronically over a computer network, including the internet. (4) Digital advertising exchange \nThe term digital advertising exchange means a person who constitutes, maintains, or provides a marketplace for or facilitates bringing together buyers and 1 or more third-party sellers of digital advertisements, or for otherwise performing with respect to digital advertising the functions commonly performed by a digital advertising marketplace. (5) Digital advertising revenue \nThe term digital advertising revenue means the greater of— (A) global revenue derived from or directly related to the operation of a digital advertising exchange, a buy-side brokerage, or a sell-side brokerage; (B) the sum of the clearing prices of all digital advertisements bought or sold from or through a digital advertising exchange; (C) the total value of the gross advertising spending managed by a buy-side brokerage; or (D) the total value of the gross advertising sales managed by a sell-side brokerage. (6) Divestiture deadline \nThe term divestiture deadline means the later of— (A) 30 days after the date on which the Attorney General approves or denies a required divestiture; or (B) 30 days after the expiration of any applicable waiting period specified in section 7A. (7) Effective date \nThe term effective date means the date that is 1 year after the date of enactment of this section. (8) Own \nThe term own means to own, operate, or control, directly or indirectly, in whole or in part. (9) Person \nThe term person includes— (A) any subsidiary of an entity; and (B) any corporate parent of an entity. (10) Required divestiture \nThe term required divestiture — (A) means a divestiture, sale, or other transaction undertaken to comply with any provision of this Act; and (B) does not include any action required by a court of the United States. (11) Sell-side brokerage \nThe term sell-side brokerage means a person in the business of effecting transactions on digital advertising exchanges, including by offering software or services that assist in serving or displaying digital advertisements, for third-party sellers. (12) Third-party \nThe term third-party means, for each person subject to this Act, an entity that— (A) neither owns nor is owned by the person; and (B) is not affiliated with the person through direct or indirect ownership or control. (b) Prohibitions \nNo person with more than $20,000,000,000 (as adjusted each year on January 1 by an amount equal to the percentage increase, if any, in the Consumer Price Index, as determined by the Department of Labor or its successor) in digital advertising revenue during the previous calendar year may, after the effective date— (1) own a digital advertising exchange if the person— (A) owns a sell-side brokerage or a buy-side brokerage; or (B) is a seller of digital advertising space; (2) own a sell-side brokerage if the person owns a buy-side brokerage; or (3) own a buy-side brokerage or a sell-side brokerage if the person is a buyer or seller of digital advertising space. (c) Requirements \nOn and after the effective date, any person with more than $5,000,000,000 (as adjusted each year on January 1 by an amount equal to the percentage increase, if any, in the Consumer Price Index, as determined by the Department of Labor or its successor) in digital advertising revenue during the previous calendar year shall be subject to the following requirements: (1) Best interest duty \nA buy-side brokerage or sell-side brokerage— (A) shall, in the course of providing services as a brokerage, use reasonable diligence, care, and skill to act in the best interests of the brokerage customers; and (B) may not put the interests of the brokerage ahead of those of the brokerage customers. (2) Best execution duty \nA buy-side brokerage or sell-side brokerage shall seek the most favorable terms reasonably available under the circumstances for each order transaction of the brokerage customer. (3) Transparency requirements \n(A) In general \nUpon written request from a brokerage customer, a buy-side brokerage or sell-side brokerage shall supply to the brokerage customer, within a reasonable time, information sufficient to permit the brokerage customer to verify compliance of the brokerage with the obligations under paragraphs (1) and (2). (B) Contents \nThe information described in subparagraph (A) shall include, if requested and to the extent such information is collected by the brokerage in the ordinary course of business— (i) in the case of a sell-side brokerage providing information to a sell-side brokerage customer— (I) a unique and persistent identifier that identifies each unique digital advertising space for sale; (II) for each identifier described in subclause (I), all bids received, and, for each bid received, the bid submitted to the digital advertising exchange on behalf of the buy-side brokerage customer, the winning price, the uniform resource locator or other property identifier at the lowest level of granularity, the identity of the digital advertising exchange or other digital advertising venue returning the bid, date, time that the bid response was received in microseconds or a lower level of granularity, web domain associated with the advertising creative, the advertising creative size and format, and whether the bid won the impression of the seller; (III) the nature of any data collected or derived from the brokerage customer or any user or customer of the brokerage customer, and the ways in which the data is used by the sell-side brokerage; (IV) the order or bid routing practices or processes, including any material exceptions to the standard practice of the brokerage; and (V) the source and nature of any compensation paid or received in connection with transactions; and (ii) in the case of a buy-side brokerage providing information to a buy-side brokerage customer— (I) all bids won by the buy-side brokerage customer, and for each bid won, the maximum allowed bid of the advertiser, if any, the uniform resource locator or other property identifier at the lowest level of granularity, date, the digital advertising exchange, the web domain associated with the advertising creative, the advertising creative size and format, the winning price, the bid submitted to the digital advertising exchange on behalf of the buy-side brokerage customer, and, if possible, whether the ad served and whether the ad rendered; (II) the order or bid routing practices or processes; and (III) the source and nature of any compensation paid or received in connection with transactions. (C) Retention of records \nBrokerages shall retain the applicable records specified in subparagraph (B) collected in the ordinary course of business until provided to a requesting brokerage customer but not longer than 90 days. Brokerages shall retain billing information for brokerage customers for not fewer than 12 months. (D) User privacy \n(i) In general \nWhen providing information to a brokerage customer in response to a request authorized by subparagraph (A), the brokerage shall, to the greatest extent possible consistent with the purpose of subparagraph (A), anonymize, hash, or otherwise render the information incapable of being tied to an individual web user. (ii) Prohibiting tracking \nA brokerage customer may not use data or information received in response to a request made under subparagraph (A) for any purpose other than— (I) verifying compliance of a brokerage with the obligations under paragraphs (1) and (2); or (II) bringing an action under subsection (d)(3). (4) Firewalls \n(A) Buy-side and sell-side brokerages \nBuy-side brokerages and sell-side brokerages shall establish, maintain, and enforce written policies and procedures reasonably designed to ensure compliance with the obligations under this subsection. (B) Other persons \nPersons not subject to prohibitions under subsection (b) shall establish, maintain, and enforce written policies and procedures reasonably designed to ensure that the buy-side brokerage, sell-side brokerage, digital advertising exchange, and role as a buyer or seller of digital advertising, as applicable, operate separate and independent from one another and transact business at arm’s length. (5) Fair access duty \nA digital advertising exchange shall provide every buyer and seller in the exchange fair access, including with respect to operations of the exchange, colocation, any technology systems or data, information related to transactions, service, or products offered, exchange processes, and functionality. (6) Time synchronization \nA digital advertising exchange, buy-side brokerage, or sell-side brokerage shall— (A) synchronize its business clocks at a minimum to within a 2 milliseconds tolerance of the time maintained by the atomic clock of the National Institute of Standards and Technology; and (B) maintain the synchronization described in subparagraph (A). (7) Data ownership \nAll records pertaining to an order solicited or submitted by a brokerage customer, and the subsequent result of the order, shall remain the property of the customer, including any bids solicited from or submitted to any digital advertising exchange, unless the information is otherwise publicly available. (8) Routing practices disclosure \n(A) In general \nEvery sell-side brokerage and buy-side brokerage shall— (i) make publicly available for each calendar quarter a report on the order routing practices of the sell-side brokerage or buy-side brokerage, as applicable, for digital advertisements during the quarter broken down by calendar month; and (ii) retain the report described in clause (i) posted on an internet website that is free and readily accessible to the public for the 3-year period beginning on the date on which the report is posted. (B) Format \nReports made available pursuant to subparagraph (A) shall— (i) be rendered in a format that makes the reports readily informative to the average brokerage customer; and (ii) include for the 10 venues to which the largest number of total bid requests or bid responses were routed for execution and for any venue to which 5 percent or more of bid requests or bid responses were routed for execution— (I) the total number of bids routed; (II) the total number of bids executed; (III) the fill rate of bids; (IV) the average net execution fee or rebate per 1,000 impressions; (V) the average time in milliseconds between when a bid request is sent and when a bid response is received; and (VI) the value and form of any compensation given in exchange for routing or execution. (9) Certification \nA digital advertising exchange, buy-side brokerage, or sell-side brokerage shall certify to the Attorney General on an annual basis that the digital advertising exchange has complied with the requirements under this subsection. (d) Enforcement \n(1) Attorney general and state attorneys general \n(A) Definition \nIn this paragraph, the term Fund means the Antitrust Consumer Damages Fund established under subparagraph (D). (B) Civil action \nThe Attorney General and State attorneys general may bring an action on behalf of persons in the United States injured in their business or property by reason of any violation of this section in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall— (i) in a case brought by the Attorney General or a State attorney general, be entitled to injunctive relief; and (ii) in a case brought by the Attorney General, recover damages sustained by such persons. (C) Damages \n(i) In general \nThe court may award under this subsection, pursuant to a motion by the Attorney General promptly made, simple interest on actual damages in accordance with subparagraph (B). (ii) No duplicative award \nA court may not award any damages under this subparagraph that are duplicative of damages awarded before the date of the award under this subparagraph in a separate civil action pertaining to the same conduct and injured party. (iii) Payments \nA court awarding damages to a person in a civil action after the date of an award of damages under this subsection that would be duplicative of damages awarded to the Attorney General on behalf of the person shall direct that such damages shall first be paid by the Attorney General from amounts in the Fund and, to the extent such damages are not fully paid from amounts in the Fund, shall be paid by the defendant. (D) Antitrust Consumer Damages Fund \n(i) In general \nThere is established in the Treasury of the United States a fund to be known as the Antitrust Consumer Damages Fund , which shall consist of amounts deposited under clause (ii). (ii) Deposits and availability \nNotwithstanding section 3302 of title 31, United States Code, any amounts received by the Attorney General under an award under this subsection— (I) shall be deposited in the Fund; and (II) shall be available to the Attorney General, without further appropriation, for distribution to persons in the United States harmed by the applicable violation of the Sherman Act ( 15 U.S.C. 1 et seq. ). (iii) Deposits into general fund \nEffective on the day after the date that is 10 years after the date on which an award is received under this paragraph, the unobligated balances in the Fund of amounts that were received under the award are rescinded and shall be deposited in the general fund of the Treasury. (2) Divestiture enforcement \nThe Attorney General may bring an action on behalf of the United States in any district court of the United States in the district in which the defendant resides or is found or has an agent, and may obtain injunctive relief upon showing by a preponderance of the evidence that the defendant has— (A) violated a requirement of subsection (e); or (B) undertaken a required divestiture that unnecessarily harms or threatens competition in any market. (3) Private right of action \n(A) In general \nA brokerage customer harmed by a knowing violation of subsection (c) by a person with more than $20,000,000,000 (as adjusted each year on January 1 by an amount equal to the percentage increase, if any, in the Consumer Price Index, as determined by the Department of Labor or its successor) in digital advertising revenue during the previous calendar year may bring a civil action in an appropriate court to obtain injunctive relief, if appropriate, and recover damages in the amount of the greater of— (i) $1,000,000 for each month in which the violation occurred and reasonable attorney’s fees; or (ii) actual damages and reasonable attorney’s fees. (B) No class action waiver \nNo person covered by this section may require a class action waiver for claims under this section, including for arbitration. (C) Timing \nA civil action for a violation of subsection (b) may be brought at any time after the later of— (i) the expiration of any applicable divestiture deadline; or (ii) the expiration of the deadline described in subsection (e)(1) if no filing has been made. (e) Divestiture \n(1) Filing \nAny agreement or other document setting out the terms of a required divestiture shall be filed with the Attorney General not later than the later of— (A) the effective date; or (B) the earlier of— (i) 30 days after the date on which an agreement making a required divestiture under this Act is executed; or (ii) 180 days after meeting the criteria specified in any paragraph of subsection (b). (2) Attorney general review \nThe Attorney General shall approve a required divestiture upon a showing by the person making the divestiture that the terms of the divestiture, including the qualifications of any counterparty to the divestiture, will not unnecessarily harm or threaten competition in any market. (3) Timing \n(A) In general \nThe Attorney General shall grant or deny approval of a required divestiture, unless agreed to by the parties, not later than the later of— (i) 60 days after receipt of all information obtained pursuant to subparagraph (5); or (ii) 60 days after receipt of the filing made under subparagraph (1). (B) Completion \nA divestiture shall be completed not later than the divestiture deadline. (4) Guidance \nThe Attorney General shall— (A) not later than 120 days after the date of enactment of this section, issue guidance on the divestiture process under this subsection and the certification requirement under subsection (c)(9); and (B) update the guidance described in subparagraph (A) as the Attorney General determines is appropriate. (5) Compulsory process \nThe Attorney General may request or issue a civil investigative demand under section 3 of the Antitrust Civil Process Act ( 15 U.S.C. 1312 ) for documents from any person involved in a required divestiture to determine the competitive effects of the divestiture. (f) Rules of construction \nNothing in this section shall— (1) prohibit a person from— (A) selling their own inventory of advertising space if— (i) the inventory was not acquired solely for the purposes of resale, except to monetize the content or intellectual property of the person; and (ii) the person does not also assist a third party in the sale or purchase of advertising space, other than purchasing advertising space from the person; or (B) buying inventory to market the products or services of the person; (2) abridge or supersede any provision of, or rules issued pursuant to, section 7A; (3) prohibit a person from, consistent with the antitrust laws, entering into a joint venture or other collaboration to prevent harm from spam, fraud, or other forms of abuse in digital advertising; or (4) require the disclosure of information if the disclosure would violate a law of the United States or a foreign country.", "id": "ida3ea13897335464fb9d9c13abc296c55", "header": "Competition and transparency in digital advertising" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Mentoring to Succeed Act of 2023.", "id": "S1", "header": "Short title" }, { "text": "2. Purpose \nThe purpose of this Act is to make assistance available for school-based mentoring programs for at-risk students in order to— (1) establish, expand, or support school-based mentoring programs; (2) assist at-risk students in middle school and high school in developing cognitive and social-emotional skills; and (3) prepare such at-risk students for success in high school, postsecondary education, and the workforce.", "id": "id92c32e6b00a64e1786f96d2d98f1fb28", "header": "Purpose" }, { "text": "3. School-based mentoring program \nPart C of title I of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2351 et seq. ) is amended by adding at the end the following: 136. Distribution of funds for school-based mentoring programs \n(a) Definitions \nIn this section: (1) At-risk student \nThe term at-risk student means a student who— (A) is failing academically or at risk of dropping out of school; (B) is pregnant or a parent; (C) is a gang member; (D) is a child or youth in foster care or a youth who has been emancipated from foster care, but is still enrolled in high school; (E) is or has recently been a homeless child or youth; (F) is chronically absent; (G) has changed schools 3 or more times in the past 6 months; (H) has come in contact with the juvenile justice system in the past; (I) has a history of multiple suspensions or disciplinary actions; (J) is an English learner; (K) has one or both parents incarcerated; (L) has experienced one or more adverse childhood experiences, traumatic events, or toxic stressors, as assessed through an evidence-based screening; (M) lives in a high-poverty area with a high rate of community violence; (N) has a disability; or (O) shows signs of alcohol or drug misuse or abuse or has a parent or guardian who is struggling with substance abuse. (2) Disability \nThe term disability has the meaning given the term for purposes of section 602(3) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401(3) ). (3) Eligible entity \nThe term eligible entity — (A) means a high-need local educational agency, high-need school, or local government entity; and (B) may include a partnership between an entity described in subparagraph (A) and a nonprofit, community-based, or faith-based organization, or institution of higher education. (4) English learner \nThe term English learner has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (5) Foster care \nThe term foster care has the meaning given the term in section 1355.20(a) of title 45, Code of Federal Regulations (or any successor regulation). (6) High-need local educational agency \nThe term high-need local educational agency means a local educational agency that serves at least one high-need school. (7) High-need school \nThe term high-need school has the meaning given the term in section 2211(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6631(b) ). (8) Homeless children and youths \nThe term homeless children and youths has the meaning given the term in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ). (9) School-based mentoring \nThe term school-based mentoring means a structured, managed, evidenced-based program conducted in partnership with teachers, administrators, school psychologists, school social workers or counselors, and other school staff, in which at-risk students are appropriately matched with screened and trained professional or volunteer mentors who provide guidance, support, and encouragement, involving meetings, group-based sessions, and educational and workforce-related activities on a regular basis to prepare at-risk students for success in high school, postsecondary education, and the workforce. (b) School-Based mentoring competitive grant program \n(1) In general \nThe Secretary shall award grants on a competitive basis to eligible entities to establish, expand, or support school-based mentoring programs that— (A) are designed to assist at-risk students in high-need schools in developing cognitive skills and promoting social-emotional learning to prepare them for success in high school, postsecondary education, and the workforce by linking them with mentors who— (i) have received mentor training, including on trauma-informed practices, youth engagement, cultural competency, and social-emotional learning; and (ii) have been screened using appropriate reference checks and criminal background checks, in accordance with the requirements of paragraph (3)(B)(v)(ii); (B) provide coaching and technical assistance to mentors in each such mentoring program; (C) seek to— (i) improve the academic achievement of at-risk students; (ii) reduce dropout rates and absenteeism and improve school engagement of at-risk students and their families; (iii) reduce juvenile justice involvement of at-risk students; (iv) foster positive relationships between at-risk students and their peers, teachers, other adults, and family members; (v) develop the workforce readiness skills of at-risk students by exploring paths to employment, including encouraging students with disabilities to explore transition services; and (vi) increase the participation of at-risk students in community service activities; and (D) encourage at-risk students to set goals and plan for their futures, including making plans and identifying goals for postsecondary education and the workforce. (2) Duration \nThe Secretary shall award grants under this section for a period not to exceed 5 years. (3) Application \nTo receive a grant under this section, an eligible entity shall submit to the Secretary an application that includes— (A) a needs assessment that includes baseline data on the measures described in paragraph (6)(A)(ii); and (B) a plan to meet the requirements of paragraph (1), including— (i) the targeted outcomes, mentee age and eligibility, mentor type, and meeting frequency for the program; (ii) the number of mentor-student matches proposed to be established and maintained annually under the program; (iii) the capacity and expertise of the program to serve children and youth in a way that is responsive to children and youth of color, expectant and parenting youth, indigenous youth, youth who are lesbian, gay, bisexual, transgendered, or queer, and youth with disabilities; (iv) actions taken to ensure that the design of the program reflects input from youth; and (v) an assurance that mentors supported under the program are appropriately screened and have demonstrated a willingness to comply with aspects of the mentoring program, including— (I) a written screening plan that includes all of the policies and procedures used to screen and select mentors, including eligibility requirements and preferences for such applicants; (II) a description of the methods to be used to conduct criminal background checks on all prospective mentors, and the methods in place to exclude mentors with convictions directly related to child safety that occur during the mentor's participation in the program or in the 10-year period preceding the mentor's participation; and (III) a description of the methods to be used to ensure that the mentors are willing and able to serve as a mentor on a long-term, consistent basis as defined in the application. (4) Priority \nIn selecting grant recipients, the Secretary shall give priority to applicants that— (A) serve children and youth with the greatest need living in high-poverty, high-crime areas, or rural areas, or who attend schools with high rates of community violence; (B) provide at-risk students with opportunities for postsecondary education preparation and career development, including— (i) job training, professional development, work shadowing, internships, networking, résumé writing and review, interview preparation, transition services for students with disabilities, application assistance and visits to institutions of higher education, and leadership development through community service; and (ii) partnerships with the private sector and local businesses to provide internship and career exploration activities and resources; (C) seek to provide match lengths between at-risk students and mentors for at least 1 academic year; and (D) consult and engage youth in the development, design, and implementation of the program. (5) Use of funds \nAn eligible entity that receives a grant under this section may use such funds to— (A) develop and carry out regular training for mentors, including on— (i) the impact of adverse childhood experiences; (ii) trauma-informed practices and interventions; (iii) supporting homeless children and youths; (iv) supporting children and youth in foster care or youth who have been emancipated from foster care, but are still enrolled in high school; (v) cultural competency; (vi) meeting all appropriate privacy and confidentiality requirements for students, including students in foster care; (vii) working in coordination with a public school system; (viii) positive youth development and engagement practices; and (ix) disability inclusion practices to ensure access and participation by students with disabilities; (B) recruit, screen, match, train, and compensate mentors; (C) hire staff to perform or support the objectives of the school-based mentoring program; (D) provide inclusive and accessible youth engagement activities, such as— (i) enrichment field trips to cultural destinations; (ii) career awareness activities, including job site visits, informational interviews, résumé writing, interview preparation, and networking; and (iii) academic or postsecondary education preparation activities, including trade or vocational school visits, visits to institutions of higher education, and assistance in applying to institutions of higher education; and (E) conduct program evaluation, including by acquiring and analyzing the data described under paragraph (6). (6) Reporting requirements \n(A) In general \nNot later than 6 months after the end of each academic year during the grant period, an eligible entity receiving a grant under this section shall submit to the Secretary a report that includes— (i) the number of students and mentors, and the demographics of the students and mentors, who participated in the school-based mentoring program that was funded in whole or in part with the grant funds; (ii) data on the academic achievement, dropout rates, truancy, absenteeism, outcomes of arrests for violent crime, summer employment, and postsecondary education enrollment of students in the program; (iii) the number of group sessions and number of one-to-one contacts between students in the program and their mentors; (iv) the average attendance of students enrolled in the program; (v) the number of students with disabilities connected to transition services; (vi) data on social-emotional development of students as assessed with a validated social-emotional assessment tool; and (vii) any other information that the Secretary may require to evaluate the success of the school-based mentoring program. (B) Student privacy \nAn eligible entity shall ensure that the report submitted under subparagraph (A) is prepared in a manner that protects the privacy rights of each student in accordance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ; commonly known as the Family Educational Rights and Privacy Act of 1974 ). (7) Mentoring resources and community service coordination \n(A) Technical assistance \nThe Secretary shall work with the Office of Juvenile Justice and Delinquency Prevention to— (i) refer grantees under this section to the National Mentoring Resource Center to obtain resources on best practices and research related to mentoring and to request no-cost training and technical assistance; and (ii) provide grantees under this section with information regarding transitional services for at-risk students returning from correctional facilities and transition services for students with disabilities. (B) Coordination \nThe Secretary shall, to the extent possible, coordinate with the Corporation for National and Community Service, including through entering into an interagency agreement or a memorandum of understanding, to support mentoring and community service-related activities for at-risk students. (c) Authorization of funds \nThere are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2023 through 2028..", "id": "id2878bfd95e584f46ab626eba33e05ea0", "header": "School-based mentoring program" }, { "text": "136. Distribution of funds for school-based mentoring programs \n(a) Definitions \nIn this section: (1) At-risk student \nThe term at-risk student means a student who— (A) is failing academically or at risk of dropping out of school; (B) is pregnant or a parent; (C) is a gang member; (D) is a child or youth in foster care or a youth who has been emancipated from foster care, but is still enrolled in high school; (E) is or has recently been a homeless child or youth; (F) is chronically absent; (G) has changed schools 3 or more times in the past 6 months; (H) has come in contact with the juvenile justice system in the past; (I) has a history of multiple suspensions or disciplinary actions; (J) is an English learner; (K) has one or both parents incarcerated; (L) has experienced one or more adverse childhood experiences, traumatic events, or toxic stressors, as assessed through an evidence-based screening; (M) lives in a high-poverty area with a high rate of community violence; (N) has a disability; or (O) shows signs of alcohol or drug misuse or abuse or has a parent or guardian who is struggling with substance abuse. (2) Disability \nThe term disability has the meaning given the term for purposes of section 602(3) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401(3) ). (3) Eligible entity \nThe term eligible entity — (A) means a high-need local educational agency, high-need school, or local government entity; and (B) may include a partnership between an entity described in subparagraph (A) and a nonprofit, community-based, or faith-based organization, or institution of higher education. (4) English learner \nThe term English learner has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (5) Foster care \nThe term foster care has the meaning given the term in section 1355.20(a) of title 45, Code of Federal Regulations (or any successor regulation). (6) High-need local educational agency \nThe term high-need local educational agency means a local educational agency that serves at least one high-need school. (7) High-need school \nThe term high-need school has the meaning given the term in section 2211(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6631(b) ). (8) Homeless children and youths \nThe term homeless children and youths has the meaning given the term in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ). (9) School-based mentoring \nThe term school-based mentoring means a structured, managed, evidenced-based program conducted in partnership with teachers, administrators, school psychologists, school social workers or counselors, and other school staff, in which at-risk students are appropriately matched with screened and trained professional or volunteer mentors who provide guidance, support, and encouragement, involving meetings, group-based sessions, and educational and workforce-related activities on a regular basis to prepare at-risk students for success in high school, postsecondary education, and the workforce. (b) School-Based mentoring competitive grant program \n(1) In general \nThe Secretary shall award grants on a competitive basis to eligible entities to establish, expand, or support school-based mentoring programs that— (A) are designed to assist at-risk students in high-need schools in developing cognitive skills and promoting social-emotional learning to prepare them for success in high school, postsecondary education, and the workforce by linking them with mentors who— (i) have received mentor training, including on trauma-informed practices, youth engagement, cultural competency, and social-emotional learning; and (ii) have been screened using appropriate reference checks and criminal background checks, in accordance with the requirements of paragraph (3)(B)(v)(ii); (B) provide coaching and technical assistance to mentors in each such mentoring program; (C) seek to— (i) improve the academic achievement of at-risk students; (ii) reduce dropout rates and absenteeism and improve school engagement of at-risk students and their families; (iii) reduce juvenile justice involvement of at-risk students; (iv) foster positive relationships between at-risk students and their peers, teachers, other adults, and family members; (v) develop the workforce readiness skills of at-risk students by exploring paths to employment, including encouraging students with disabilities to explore transition services; and (vi) increase the participation of at-risk students in community service activities; and (D) encourage at-risk students to set goals and plan for their futures, including making plans and identifying goals for postsecondary education and the workforce. (2) Duration \nThe Secretary shall award grants under this section for a period not to exceed 5 years. (3) Application \nTo receive a grant under this section, an eligible entity shall submit to the Secretary an application that includes— (A) a needs assessment that includes baseline data on the measures described in paragraph (6)(A)(ii); and (B) a plan to meet the requirements of paragraph (1), including— (i) the targeted outcomes, mentee age and eligibility, mentor type, and meeting frequency for the program; (ii) the number of mentor-student matches proposed to be established and maintained annually under the program; (iii) the capacity and expertise of the program to serve children and youth in a way that is responsive to children and youth of color, expectant and parenting youth, indigenous youth, youth who are lesbian, gay, bisexual, transgendered, or queer, and youth with disabilities; (iv) actions taken to ensure that the design of the program reflects input from youth; and (v) an assurance that mentors supported under the program are appropriately screened and have demonstrated a willingness to comply with aspects of the mentoring program, including— (I) a written screening plan that includes all of the policies and procedures used to screen and select mentors, including eligibility requirements and preferences for such applicants; (II) a description of the methods to be used to conduct criminal background checks on all prospective mentors, and the methods in place to exclude mentors with convictions directly related to child safety that occur during the mentor's participation in the program or in the 10-year period preceding the mentor's participation; and (III) a description of the methods to be used to ensure that the mentors are willing and able to serve as a mentor on a long-term, consistent basis as defined in the application. (4) Priority \nIn selecting grant recipients, the Secretary shall give priority to applicants that— (A) serve children and youth with the greatest need living in high-poverty, high-crime areas, or rural areas, or who attend schools with high rates of community violence; (B) provide at-risk students with opportunities for postsecondary education preparation and career development, including— (i) job training, professional development, work shadowing, internships, networking, résumé writing and review, interview preparation, transition services for students with disabilities, application assistance and visits to institutions of higher education, and leadership development through community service; and (ii) partnerships with the private sector and local businesses to provide internship and career exploration activities and resources; (C) seek to provide match lengths between at-risk students and mentors for at least 1 academic year; and (D) consult and engage youth in the development, design, and implementation of the program. (5) Use of funds \nAn eligible entity that receives a grant under this section may use such funds to— (A) develop and carry out regular training for mentors, including on— (i) the impact of adverse childhood experiences; (ii) trauma-informed practices and interventions; (iii) supporting homeless children and youths; (iv) supporting children and youth in foster care or youth who have been emancipated from foster care, but are still enrolled in high school; (v) cultural competency; (vi) meeting all appropriate privacy and confidentiality requirements for students, including students in foster care; (vii) working in coordination with a public school system; (viii) positive youth development and engagement practices; and (ix) disability inclusion practices to ensure access and participation by students with disabilities; (B) recruit, screen, match, train, and compensate mentors; (C) hire staff to perform or support the objectives of the school-based mentoring program; (D) provide inclusive and accessible youth engagement activities, such as— (i) enrichment field trips to cultural destinations; (ii) career awareness activities, including job site visits, informational interviews, résumé writing, interview preparation, and networking; and (iii) academic or postsecondary education preparation activities, including trade or vocational school visits, visits to institutions of higher education, and assistance in applying to institutions of higher education; and (E) conduct program evaluation, including by acquiring and analyzing the data described under paragraph (6). (6) Reporting requirements \n(A) In general \nNot later than 6 months after the end of each academic year during the grant period, an eligible entity receiving a grant under this section shall submit to the Secretary a report that includes— (i) the number of students and mentors, and the demographics of the students and mentors, who participated in the school-based mentoring program that was funded in whole or in part with the grant funds; (ii) data on the academic achievement, dropout rates, truancy, absenteeism, outcomes of arrests for violent crime, summer employment, and postsecondary education enrollment of students in the program; (iii) the number of group sessions and number of one-to-one contacts between students in the program and their mentors; (iv) the average attendance of students enrolled in the program; (v) the number of students with disabilities connected to transition services; (vi) data on social-emotional development of students as assessed with a validated social-emotional assessment tool; and (vii) any other information that the Secretary may require to evaluate the success of the school-based mentoring program. (B) Student privacy \nAn eligible entity shall ensure that the report submitted under subparagraph (A) is prepared in a manner that protects the privacy rights of each student in accordance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ; commonly known as the Family Educational Rights and Privacy Act of 1974 ). (7) Mentoring resources and community service coordination \n(A) Technical assistance \nThe Secretary shall work with the Office of Juvenile Justice and Delinquency Prevention to— (i) refer grantees under this section to the National Mentoring Resource Center to obtain resources on best practices and research related to mentoring and to request no-cost training and technical assistance; and (ii) provide grantees under this section with information regarding transitional services for at-risk students returning from correctional facilities and transition services for students with disabilities. (B) Coordination \nThe Secretary shall, to the extent possible, coordinate with the Corporation for National and Community Service, including through entering into an interagency agreement or a memorandum of understanding, to support mentoring and community service-related activities for at-risk students. (c) Authorization of funds \nThere are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2023 through 2028.", "id": "idb1ad7dd5ba784f60acafe35fecfb86b0", "header": "Distribution of funds for school-based mentoring programs" }, { "text": "4. Institute of Education Sciences study on school-based mentoring programs \n(a) In general \nThe Secretary of Education, acting through the Director of the Institute of Education Sciences, shall conduct a study to— (1) identify successful school-based mentoring programs and effective strategies for administering and monitoring such programs; (2) evaluate the role of mentors in promoting cognitive development and social-emotional learning to enhance academic achievement and to improve workforce readiness; and (3) evaluate the effectiveness of the grant program under section 136 of the Carl D. Perkins Career and Technical Education Act of 2006, as added by section 3, on student academic outcomes and youth career development. (b) Timing \nNot later than 3 years after the date of enactment of this Act, the Secretary of Education, acting through the Director of the Institute of Education Sciences, shall submit the results of the study described in subsection (a) to the appropriate congressional committees.", "id": "id3700a06a0bab4fbc9aed96e3ff87fae2", "header": "Institute of Education Sciences study on school-based mentoring programs" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Sustainable Budget Act of 2023.", "id": "HD12A546DC99C497DAB4D927D2B8C94E3", "header": "Short title" }, { "text": "2. Establishment of commission \n(a) Definitions \nIn this section: (1) Commission \nThe term Commission means the National Commission on Fiscal Responsibility and Reform established under subsection (b). (2) Federal agency \nThe term Federal agency means an establishment in the executive, legislative, or judicial branch of the Federal Government. (b) Establishment \nNot later than 30 days after the date of the enactment of this Act, there shall be established within the legislative branch a commission to be known as the National Commission on Fiscal Responsibility and Reform. (c) Membership \n(1) Composition of Commission \nThe Commission shall be composed of 18 members, of whom— (A) 6 shall be appointed by the President, of whom not more than 3 shall be from the same political party; (B) 3 shall be appointed by the majority leader of the Senate, from among current Members of the Senate; (C) 3 shall be appointed by the Speaker of the House of Representatives, from among current Members of the House of Representatives; (D) 3 shall be appointed by the minority leader of the Senate, from among current Members of the Senate; and (E) 3 shall be appointed by the minority leader of the House of Representatives, from among current Members of the House of Representatives. (2) Initial appointments \nNot later than 60 days after the date on which the Commission is established, initial appointments to the Commission shall be made. (3) Vacancy \nA vacancy on the Commission shall be filled in the same manner as the initial appointment. (d) Co-Chairpersons \nFrom among the members appointed under subsection (c), the President shall designate 2 members, who shall not be of the same political party, to serve as co-chairpersons of the Commission. (e) Qualifications \nMembers appointed to the Commission shall have significant depth of experience and responsibilities in matters relating to— (1) government service; (2) fiscal policy; (3) economics; (4) Federal agency management or private sector management; (5) public administration; and (6) law. (f) Duties \n(1) In general \nThe Commission shall identify policies to— (A) improve the fiscal situation of the Federal Government in the medium term; and (B) achieve fiscal sustainability of the Federal Government in the long term. (2) Requirements \nIn carrying out paragraph (1), the Commission shall— (A) propose recommendations designed to balance the budget of the Federal Government, excluding interest payments on the public debt, by the date that is 10 years after the date on which the Commission is established, in order to stabilize the ratio of the public debt to the gross domestic product of the United States at an acceptable level; and (B) propose recommendations that meaningfully improve the long-term fiscal outlook of the Federal Government, including changes to address the growth of entitlement spending and the gap between the projected revenues and expenditures of the Federal Government. (g) Reports and proposed joint resolution \n(1) In general \n(A) Final report \nNot later than 1 year after the date on which all members of the Commission are appointed under subsection (c), the Commission shall vote on the approval of a final report, which shall contain— (i) the recommendations required under subsection (f)(2); and (ii) a proposed joint resolution implementing the recommendations described in clause (i). (B) Interim reports \nAt any time after the date on which all members of the Commission are appointed and prior to voting on the approval of a final report under subparagraph (A), the Commission may vote on the approval of an interim report containing such recommendations described in subsection (f)(2) as the Commission may provide. (2) Approval of report \nThe Commission may only issue a report under this subsection if— (A) not less than 12 members of the Commission approve the report; and (B) of the members approving the report under subparagraph (A), not less than 4 are members of the same political party to which the Speaker of the House of Representatives belongs and not less than 4 are members of the same political party to which the minority leader of the House of Representatives belongs. (3) Submission of report \nWith respect to each report approved under this subsection, the Commission shall— (A) submit to Congress the report; and (B) make the report available to the public. (4) Preparation of joint resolution \n(A) In general \nIn drafting the proposed joint resolution described in paragraph (1)(A)(ii), the Commission— (i) may use the services of the offices of the Legislative Counsel of the Senate and House of Representatives; and (ii) shall consult with the Comptroller General of the United States and the Director of the Congressional Budget Office. (B) Consultation with committees \nIn drafting the proposed joint resolution described in paragraph (1)(A)(ii), the co-chairpersons of the Commission, with respect to the contents of the proposed joint resolution, shall consult with— (i) the chairperson and ranking member of each relevant committee of the Senate and the House of Representatives; (ii) the majority and minority leader of the Senate; and (iii) the Speaker and minority leader of the House of Representatives. (C) Requirements for consultation \nThe consultation required under subparagraph (B) shall provide the opportunity for each individual described in subparagraph (B) to provide— (i) recommendations for alternative means of addressing the recommendations described in paragraph (1)(A)(i); and (ii) recommendations regarding which recommendations described in paragraph (1)(A)(i) should not be addressed in the proposed joint resolution. (D) Relevant committees \nFor the purpose of this paragraph, the relevant committees of the Senate and the House of Representatives shall be— (i) the Committee on Finance of the Senate ; (ii) the Committee on Ways and Means of the House of Representatives ; (iii) the Committee on Health, Education, Labor, and Pensions of the Senate ; and (iv) the Committee on Energy and Commerce of the House of Representatives. (h) Powers of the commission \n(1) Hearings \nThe Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the duties of the Commission described in subsection (f). (2) Information from Federal agencies \n(A) In general \nThe Commission may secure directly from any Federal agency such information as the Commission considers necessary to carry out the duties of the Commission described in subsection (f). (B) Provision of information \nUpon request from the co-chairpersons of the Commission, the head of a Federal agency shall provide information described in subparagraph (A) to the Commission. (3) Postal services \nThe Commission may use the United States mail in the same manner and under the same conditions as departments and agencies of the Federal Government. (4) Website \n(A) Contents \nThe Commission shall establish a website containing— (i) the recommendations required under subsection (f)(2); and (ii) the records of attendance of the members of the Commission for each meeting of the Commission. (B) Date of publication \nNot later than 72 hours after the conclusion of a meeting of the Commission, the Commission shall publish a recommendation or record of attendance described under subparagraph (A) that is made or taken at the meeting on the website established under such subparagraph. (i) Assistance of other legislative branch entities \nAs the Commission conducts the work of the Commission— (1) the Comptroller General of the United States shall provide technical assistance to the Commission on findings and recommendations of the Government Accountability Office; (2) the Director of the Congressional Budget Office shall provide technical assistance to the Commission on findings and recommendations of the Congressional Budget Office; and (3) the chair of the Joint Committee on Taxation shall provide technical assistance to the Commission on findings and recommendations of the Joint Committee on Taxation. (j) Personnel matters \n(1) In general \nMembers of the Commission shall serve without compensation. (2) Travel expenses \nMembers of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the homes or regular places of business of the members in the performance of services for the Commission. (3) Staff \n(A) In general \n(i) Appointment \nThe co-chairpersons of the Commission may, without regard to civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform the duties of the Commission. (ii) Approval \nThe appointment of an executive director under clause (i) shall be subject to confirmation by the Commission. (B) Compensation \n(i) In general \nThe co-chairpersons of the Commission may fix the compensation of the executive director and other personnel of the Commission without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to the classification of positions and General Schedule pay rates. (ii) Pay rate \nThe rate of pay for the executive director and other personnel of the Commission may not exceed the rate payable for level V of the Executive Schedule under section 5613 of title 5, United States Code. (4) Detail of government employees \nAny employee of the Federal Government may be detailed to the Commission— (A) without reimbursement; and (B) without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services \nThe co-chairpersons of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (k) Termination of the commission \nThe Commission shall terminate on the date that is 30 days after the date on which the Commission submits the final report of the Commission under subsection (g)(1)(A). (l) Rules of construction \nNothing in this Act shall be construed to— (1) impair or otherwise affect— (A) authority granted by law to a Federal agency or a head thereof; or (B) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals; or (2) create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, the departments, agencies, entities, officers, employees, or agents of the United States, or any other person. (m) Authorization of appropriations \n(1) In general \nThere are authorized to be appropriated to the Commission such sums as may be necessary to carry out this Act. (2) Availability \nAny sums appropriated under paragraph (1) shall remain available, without fiscal year limitation, until expended. (n) Inapplicability of Federal Advisory Committee Act \nChapter 10 of title 5, United States Code, shall not apply to the Commission.", "id": "H2ABAEB478F9949308CA3D16FBCDF1037", "header": "Establishment of commission" }, { "text": "3. Special message of the President \n(a) Definitions \nIn this section: (1) Commission report \nThe term Commission report means the final report of the National Commission on Fiscal Responsibility and Reform described in section 2(g)(1)(A). (2) Special message \nThe term special message means the special message on the Commission report required under subsection (b)(1). (b) Submission of special message \n(1) In general \nNot later than 60 days after the date on which the Commission submits the Commission report to Congress, the President shall submit to Congress a special message on the report. (2) Transmittal \nThe President shall submit the special message— (A) to the Secretary of the Senate if the Senate is not in session; and (B) to the Clerk of the House of Representatives if the House of Representatives is not in session. (c) Contents of special message \nThe special message shall describe the reasons for the support or opposition of the President to the proposed joint resolution contained in the Commission report. (d) Public availability \nThe President shall— (1) make a copy of a special message publicly available, including on a website of the President; and (2) publish in the Federal Register a notice of a special message and information on how the special message can be obtained.", "id": "H5A3904B7258D471FA36C1D7CB2563201", "header": "Special message of the President" }, { "text": "4. Expedited consideration of proposed joint resolution \n(a) Definition of Commission joint resolution \nIn this section, the term Commission joint resolution means a joint resolution that consists solely of the text of the proposed joint resolution required to be included in the final report of the Commission under section 2(g)(1)(A)(ii). (b) Qualifying legislation \nOnly a Commission joint resolution shall be entitled to expedited consideration under this section. (c) Consideration in the House of Representatives \n(1) Introduction \nA Commission joint resolution may be introduced in the House of Representatives (by request)— (A) by the majority leader of the House of Representatives, or by a Member of the House of Representatives designated by the majority leader of the House of Representatives, on the next legislative day after the date on which the Commission approves the final report of the Commission under section 2(g)(1)(A); or (B) if the Commission joint resolution is not introduced under subparagraph (A), by any Member of the House of Representatives on any legislative day beginning on the legislative day after the legislative day described in subparagraph (A). (2) Referral and reporting \nAny committee of the House of Representatives to which a Commission joint resolution is referred shall report the Commission joint resolution to the House of Representatives without amendment not later than 10 legislative days after the date on which the Commission joint resolution was so referred. If a committee of the House of Representatives fails to report a Commission joint resolution within that period, it shall be in order to move that the House of Representatives discharge the committee from further consideration of the Commission joint resolution. Such a motion shall not be in order after the last committee authorized to consider the Commission joint resolution reports it to the House of Representatives or after the House of Representatives has disposed of a motion to discharge the Commission joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion, except 20 minutes of debate equally divided and controlled by the proponent and an opponent. If such a motion is adopted, the House of Representatives shall proceed immediately to consider the Commission joint resolution in accordance with paragraphs (3) and (4). A motion to reconsider the vote by which the motion is disposed of shall not be in order. (3) Proceeding to consideration \nAfter the last committee authorized to consider a Commission joint resolution reports it to the House of Representatives or has been discharged (other than by motion) from its consideration, it shall be in order to move to proceed to consider the Commission joint resolution in the House of Representatives. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed with respect to the Commission joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (4) Consideration \nThe Commission joint resolution shall be considered as read. All points of order against the Commission joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the Commission joint resolution to its passage without intervening motion, except 2 hours of debate equally divided and controlled by the proponent and an opponent and 1 motion to limit debate on the Commission joint resolution. A motion to reconsider the vote on passage of the Commission joint resolution shall not be in order. (5) Vote on passage \nThe vote on passage of the Commission joint resolution shall occur not later than 3 legislative days after the date on which the last committee authorized to consider the Commission joint resolution reports it to the House of Representatives or is discharged. (d) Expedited procedure in the Senate \n(1) Introduction in the Senate \nA Commission joint resolution may be introduced in the Senate (by request)— (A) by the majority leader of the Senate, or by a Member of the Senate designated by the majority leader of the Senate, on the next legislative day after the date on which the President submits the proposed joint resolution under section 3(b); or (B) if the Commission joint resolution is not introduced under subparagraph (A), by any Member of the Senate on any day on which the Senate is in session beginning on the day after the day described in subparagraph (A). (2) Committee consideration \nA Commission joint resolution introduced in the Senate under paragraph (1) shall be jointly referred to the committee or committees of jurisdiction, which committees shall report the Commission joint resolution without any revision and with a favorable recommendation, an unfavorable recommendation, or without recommendation, not later than 10 session days after the date on which the Commission joint resolution was so referred. If any committee to which a Commission joint resolution is referred fails to report the Commission joint resolution within that period, that committee shall be automatically discharged from consideration of the Commission joint resolution, and the Commission joint resolution shall be placed on the appropriate calendar. (3) Proceeding \nNotwithstanding rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 days of session after the date on which a Commission joint resolution is reported or discharged from all committees to which the Commission joint resolution was referred, for the majority leader of the Senate or the designee of the majority leader to move to proceed to the consideration of the Commission joint resolution. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the Commission joint resolution at any time after the conclusion of such 2-day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to the Commission joint resolution are waived. The motion to proceed shall not be debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the Commission joint resolution is agreed to, the Commission joint resolution shall remain the unfinished business until disposed of. All points of order against a Commission joint resolution and against consideration of the Commission joint resolution are waived. (4) No amendments \nAn amendment to a Commission joint resolution, a motion to postpone, a motion to proceed to the consideration of other business, or a motion to recommit the Commission joint resolution, is not in order. (5) Rulings of the Chair on procedure \nAppeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a Commission joint resolution shall be decided without debate. (e) Amendment \nA Commission joint resolution shall not be subject to amendment in either the Senate or the House of Representatives. (f) Consideration by the other House \n(1) In general \nIf, before passing a Commission joint resolution, a House receives from the other House a Commission joint resolution of the other House— (A) the Commission joint resolution of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no Commission joint resolution had been received from the other House until the vote on passage, when the Commission joint resolution received from the other House shall supplant the Commission joint resolution of the receiving House. (2) Revenue measures \nThis subsection shall not apply to the House of Representatives if a Commission joint resolution received from the Senate is a revenue measure. (g) Rules To coordinate action with other House \n(1) Treatment of Commission joint resolution of other House \nIf a Commission joint resolution is not introduced in the Senate or the Senate fails to consider a Commission joint resolution under this section, the Commission joint resolution of the House of Representatives shall be entitled to expedited floor procedures under this section. (2) Treatment of companion measures in the Senate \nIf, following passage of a Commission joint resolution in the Senate, the Senate receives from the House of Representatives a Commission joint resolution, the House-passed Commission joint resolution shall not be debatable. The vote on passage of the Commission joint resolution in the Senate shall be considered to be the vote on passage of the Commission joint resolution received from the House of Representatives. (3) Vetoes \nIf the President vetoes a Commission joint resolution, consideration of a veto message in the Senate under this paragraph shall be 10 hours equally divided between the majority and minority leaders of the Senate or the designees of the majority and minority leaders of the Senate. (h) Exercise of rulemaking power \nThis section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and, as such— (A) it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a Commission joint resolution; and (B) it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.", "id": "HE0AA1B49BDC748EF810F177DC2409DA4", "header": "Expedited consideration of proposed joint resolution" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Personal Health Investment Today Act of 2023 or the PHIT Act of 2023.", "id": "S1", "header": "Short title" }, { "text": "2. Purpose \nThe purpose of this Act is to promote health and prevent disease, particularly diseases related to being overweight or obese, by— (1) encouraging healthier lifestyles; (2) providing financial incentives to ease the financial burden of engaging in healthy behavior; and (3) increasing the ability of individuals and families to participate in physical fitness activities.", "id": "id83107F370736498F996576A029CDB30E", "header": "Purpose" }, { "text": "3. Certain amounts paid for physical activity, fitness, and exercise treated as amounts paid for medical care \n(a) In general \nParagraph (1) of section 213(d) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting , or , and by inserting after subparagraph (D) the following new subparagraph: (E) for qualified sports and fitness expenses.. (b) Qualified sports and fitness expenses \nSubsection (d) of section 213 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (12) Qualified sports and fitness expenses \n(A) In general \nThe term qualified sports and fitness expenses means amounts paid exclusively for the sole purpose of participating in a physical activity including— (i) for membership at a fitness facility, (ii) for participation or instruction in physical exercise or physical activity, or (iii) for equipment used in a program (including a self-directed program) of physical exercise or physical activity. (B) Overall dollar limitation \nThe aggregate amount treated as qualified sports and fitness expenses with respect to any taxpayer for any taxable year shall not exceed $1,000 ($2,000 in the case of a joint return or a head of household (as defined in section 2(b))). (C) Fitness facility \nFor purposes of subparagraph (A)(i), the term fitness facility means a facility— (i) which provides instruction in a program of physical exercise, offers facilities for the preservation, maintenance, encouragement, or development of physical fitness, or serves as the site of such a program of a State or local government, (ii) which is not a private club owned and operated by its members, (iii) which does not offer golf, hunting, sailing, or riding facilities, (iv) the health or fitness component of which is not incidental to its overall function and purpose, and (v) which is fully compliant with the State of jurisdiction and Federal anti-discrimination laws. (D) Treatment of exercise videos, etc \nVideos, books, and similar materials shall be treated as described in subparagraph (A)(ii) if the content of such materials constitutes instruction in a program of physical exercise or physical activity. (E) Limitations related to sports and fitness equipment \nAmounts paid for equipment described in subparagraph (A)(iii) shall be treated as qualified sports and fitness expenses only— (i) if such equipment is utilized exclusively for participation in fitness, exercise, sport, or other physical activity, (ii) in the case of amounts paid for apparel or footwear, if such apparel or footwear is of a type that is necessary for, and is not used for any purpose other than, a specific physical activity, and (iii) in the case of amounts paid for any single item of sports equipment (other than exercise equipment), to the extent such amounts do not exceed $250. (F) Programs which include components other than physical exercise and physical activity \nRules similar to the rules of paragraph (6) shall apply in the case of any program that includes physical exercise or physical activity and also other components. For purposes of the preceding sentence, travel and accommodations shall be treated as a separate component.. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "idFE9E237D45A94B92A25B81C3B5EB22EA", "header": "Certain amounts paid for physical activity, fitness, and exercise treated as amounts paid for medical care" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Leveraging Opportunities for Americans Now Act of 2023 or the LOAN Act of 2023.", "id": "S1", "header": "Short title" }, { "text": "2. Elimination of interest and replacement with financing fees \nSection 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e ) is amended by adding at the end the following: (r) Elimination of interest and replacement with financing fees \n(1) In general \n(A) In general \nExcept as provided under subparagraph (B), beginning on July 1, 2024, the Secretary shall make loans under this part in accordance with this subsection. (B) Exception \nBeginning on July 1, 2024, the Secretary shall make loans under this part in accordance with the provisions of this part other than this subsection to a borrower who— (i) was enrolled in an institution of higher education on June 30, 2024; and (ii) elects to borrow a loan under this part in accordance with the provisions of this part other than this subsection. (2) Elimination of interest \nFor loans made under this part in accordance with this subsection for which the first disbursement is made on or after July 1, 2024, the applicable rate of interest shall be equal to 0 percent. (3) Financing fees \n(A) In general \nBeginning on July 1, 2024, the Secretary shall charge the borrower of a loan made under this part in accordance with this subsection a financing fee determined in accordance with this paragraph and issued on the date the loan is dispersed. (B) Determination of fee \nThe financing fee for a borrower of a loan made under this part— (i) that is used for enrollment in an undergraduate course of study (except a Federal Direct PLUS Loan made on behalf of a dependent student), shall be equal to, from the principal amount of the loan, 20 percent of the amount of such loan; (ii) that is used for enrollment in a course of study necessary for enrollment in a program leading to a degree or certificate, shall be equal to, from the principal amount of the loan, 20 percent of the amount of such loan; (iii) that is used for enrollment in a program that is necessary for a professional credential or certification from a State that is required for employment as a teacher in an elementary or secondary school in that State, shall be equal to, from the principal amount of the loan, 20 percent of the amount of such loan; and (iv) that is a Federal Direct PLUS Loan made on behalf of a dependent student or used for enrollment in a graduate or professional course of study, shall be equal to, from the principal amount of the loan, 35 percent of the amount of such loan. (C) Reduction due to prepayment \n(i) In general \nIn order to provide an incentive to borrowers to pay the balance of a loan made under this part earlier than required under the applicable repayment plan, the Secretary may credit or refund any such borrowers for an amount of the financing fee charged under this subsection. (ii) Regulations \n(I) In general \nNot later than 9 months after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 , the Secretary shall promulgate regulations establishing the methodology for crediting or refunding a financing fee charged under this subsection pursuant to clause (i). Such credit or refund shall not reduce the financing fee by more than— (aa) with respect to a borrower whose income, as determined under subclause (II), was not more than $45,000 in the taxable year in which the borrower paid an amount from the balance of a loan made under this part earlier than required under the applicable repayment plan, 15 percentage points of such amount; (bb) with respect to a borrower whose income, as determined under subclause (II), was more than $45,000 but not more than $95,000 in the taxable year in which the borrower paid an amount from the balance of a loan made under this part earlier than required under the applicable repayment plan, 10 percentage points of such amount; and (cc) with respect to a borrower whose income, as determined under subclause (II), was more than $95,000 in the taxable year in which the borrower paid an amount from the balance of a loan made under this part earlier than required under the applicable repayment plan, 5 percentage points of such amount. (II) Income determination \nFor purposes of subclause (I), a borrower's income is equal to the amount by which— (aa) the borrower's, and the borrower's spouse's (if applicable), adjusted gross income; exceeds (bb) 150 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ). (D) Methodology of payment \nThe Secretary shall establish an amortization schedule for the repayment of financing fees charged under this subsection. (4) Rulemaking for consolidation \nNot later than 18 months after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 , the Secretary shall promulgate rules regarding Federal Direct Consolidation Loans made under this part in accordance with this subsection, including a rule that the financing fee for such a Federal Direct Consolidation Loan determined in accordance with this subsection shall not exceed the sum of the financing fees applicable to the consolidated loans..", "id": "idA4E841AB64AC4E7FB331D3FC9A635AA9", "header": "Elimination of interest and replacement with financing fees" }, { "text": "3. Income dependent education assistance repayment plan \nPart D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. ) is amended by adding at the end the following: 460A. Income dependent education assistance repayment plan \n(a) In general \n(1) Applicability \nNotwithstanding any other provision of this Act, with respect to any loan made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 , the repayment plan options are only a 10-year fixed repayment plan and the repayment plan under this section. If the borrower of the loan does not select a repayment plan, the repayment of such loan shall be made in accordance with this section. A borrower of a loan made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 may affirmatively select the repayment plan under this section. (2) Regulations \nNot later than 18 months after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 , the Secretary shall promulgate rules— (A) outlining how the Department will implement the income dependent education assistance repayment plan requirements for borrowers under this section; and (B) regarding monthly repayment processes for borrowers of loans made under this part before the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023. (3) Rule of construction \nNothing in this section shall be construed to eliminate or otherwise affect the loan forgiveness or loan cancellation options available under this part to a borrower. (b) Duties of the Secretary of the Treasury \n(1) In general \nThe Secretary of the Treasury shall, with respect to each individual for whom a loan made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 is in repayment status, transmit to the Secretary of Education— (A) in the case of such an individual who files an income tax return for such taxable year, such tax information as is necessary to determine the individual’s repayment obligation and financing fee adjustments, as determined by the Secretary under this part; and (B) in the case of any such individual who does not file a return for such taxable year, any available tax information of the individual as may be necessary to determine such obligation and whether such individual is delinquent under the terms of such loan for not so filing. (2) Additional program requirements \nThe Secretary of the Treasury shall establish such other policies, procedures, and guidance as may be necessary to carry out the purposes of this section, including measures to prevent underreporting and evasion of repayment or filing. (c) Duties of the Secretary of Education \n(1) In general \nThe Secretary shall carry out, as part of the loan repayment plan established under this section, the following activities: (A) Calculation of annual repayment amounts \nThe Secretary shall calculate the annual repayment amount under this section for borrowers with 1 or more loans made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 in repayment status for one or more months in the taxable year for which the amount is determined regardless of which repayment plan the borrower is in, including the repayment obligations of such borrowers in accordance with subsection (d)(3). (B) Communication with the secretary of the treasury \nThe Secretary shall transmit to the Secretary of the Treasury such information as is necessary for the Secretary of the Treasury to carry out subsection (d)(3). (C) Annual statements \nUpon calculating the annual repayment amounts under subparagraph (A) for a taxable year, the Secretary shall provide a statement, on an annual basis, to each borrower with a loan made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 regardless of which repayment plan the borrower is in, which lists the following: (i) Total payments made on the borrower’s annual repayment amount for such taxable year. (ii) The borrower’s annual repayment amount for such taxable year. (iii) The outstanding balances on all the loans made to the borrower under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 and any other outstanding balances on loans of the borrower that were made, insured, or guaranteed under this title. (iv) A description of how the borrower’s annual repayment amount was calculated. (D) Payments on a borrower's behalf \n(i) In general \nThe Secretary shall— (I) provide a mechanism for other individuals or entities to make payments on the annual repayment amount of a borrower for a taxable year; and (II) notify the borrower that any payments made under subclause (I) for the taxable year that exceed the annual repayment amount for the year shall not be refunded to the borrower, except as provided through the appeals process described in clause (ii). (ii) Appeals process \nThe Secretary shall make available a process through which a borrower can appeal for refund of payments made under clause (i) that exceed the annual repayment amount for the year if such payments were made pursuant to improper wage garnishment. (E) Appeals process \n(i) In general \nThe Secretary shall make available a process through which a borrower can appeal the calculation of the borrower’s annual repayment amount, including a worksheet that enables a borrower to calculate the borrower’s annual repayment amount. (ii) Good standing \nA borrower who makes an appeal under clause (i) with respect to a loan shall be considered in good standing on such loan during the duration of the appeal. (iii) Regulations \nThe Secretary shall issue regulations outlining such process not later than 18 months after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023. (F) Delinquent for failure to file a return \n(i) In general \nIn a case in which the Secretary receives information from the Secretary of the Treasury under subsection (b) that a borrower with a loan made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 in repayment status in the repayment plan under this section, has failed to file a return under section 6012(a)(1) of the Internal Revenue Code of 1986 and such borrower was required to file such a return, the Secretary shall— (I) notify the borrower of the borrower’s failure to file such a return; and (II) if the borrower fails to file such a return within 90 days of receipt of the notice described in subclause (I), consider the borrower’s loans made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 in repayment status in the repayment plan under this section to be delinquent. (ii) Appeals process \nThe Secretary shall make available a process through which a borrower can appeal a determination under clause (i) that the borrower has failed to file a return under section 6012(a)(1) of the Internal Revenue Code of 1986 and such borrower was required to file such a return. The Secretary shall issue regulations outlining such process not later than 18 months after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023. (G) Monthly payments process \nThe Secretary shall— (i) establish a monthly payments process described in paragraph (2); and (ii) issue regulations establishing penalties for default on such monthly payments. (H) Calculating loan forgiveness \nThe Secretary shall determine appropriate loan forgiveness options for students who select the repayment plan under this section. (I) Financial hardships \n(i) In general \nThe Secretary shall establish a process for providing an adjustment in both the monthly payment and annual repayment amount obligations on a loan for a borrower experiencing extreme unforeseen financial circumstances unrelated to a change in annual income. (ii) Repayment status \nA borrower who receives an adjustment under clause (i) for a loan shall be deemed in repayment status with respect to such loan. (2) Monthly payments process \n(A) In general \nThe Secretary shall establish a process under which a borrower, or one making payments on behalf of a borrower under paragraph (1)(D), shall make monthly payments towards the borrower’s annual repayment amount. (B) Information required \nThe procedure for initiating the monthly payments process under subparagraph (A) shall include an income estimate based on the income verification provided by the Secretary of the Treasury under subsection (b). (C) Automatic continuation \nThe monthly payments process shall continue until the borrower’s loans made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 are repaid. (D) Updating payment amounts \n(i) Secretary \nThe Secretary shall automatically recalculate a borrower’s monthly payment amount— (I) at the beginning of a new taxable year using the most recent income estimate provided under subsection (b)(1) by the Secretary of the Treasury; and (II) not later than 30 days after the date the borrower's income estimate is adjusted after an appeal under paragraph (1)(E). (ii) Borrower \nA borrower may request that the Secretary update the borrower’s income estimate to adjust monthly payment amounts pursuant to subparagraph (E) or (I) of paragraph (1) at any time. (d) Borrower repayment \n(1) Repayment period \nThe repayment period of a loan in the repayment plan under this section shall— (A) begin on the first day of the first taxable year that begins after the borrower’s in-school deferment period; and (B) continue until the loan is paid in full, except that the Secretary may grant a borrower deferment of the borrower’s annual repayment amount— (i) for a period not to exceed 60 days, due to administrative or technical reasons; (ii) for a period not to exceed 3 months, due to unusual circumstances that disrupt the borrower’s ability to make timely payments on the loan; or (iii) renewable at 12-month intervals for a period not to exceed 3 years, due to documented extreme economic hardship on the part of a borrower. (2) Prepayment authorized \nA borrower shall have the right to prepay all or part of such loan, at any time and without penalty. Any such prepayment amount shall be applied in accordance with section 455(r)(3)(C). (3) Determination of income-Based repayment obligation \n(A) In general \nThe repayment obligation under this section with respect to an individual for any taxable year is an amount equal to 10 percent of the amount by which— (i) the individual's, and the individual's spouse's (if applicable), adjusted gross income; exceeds (ii) 150 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ). (B) Exclusion of certain amounts paid on behalf of individual \nAny amount paid on the borrower's behalf under subsection (c)(1)(D) shall not be taken into account in determining such borrower's income-based repayment obligation. (C) Individuals not filing a return \nThe income-based repayment obligation with respect to an individual not required to file a return under section 6012(a)(1) of the Internal Revenue Code of 1986 shall be treated as zero..", "id": "id7345C67225E84194AB6435B2EBE88244", "header": "Income dependent education assistance repayment plan" }, { "text": "460A. Income dependent education assistance repayment plan \n(a) In general \n(1) Applicability \nNotwithstanding any other provision of this Act, with respect to any loan made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 , the repayment plan options are only a 10-year fixed repayment plan and the repayment plan under this section. If the borrower of the loan does not select a repayment plan, the repayment of such loan shall be made in accordance with this section. A borrower of a loan made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 may affirmatively select the repayment plan under this section. (2) Regulations \nNot later than 18 months after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 , the Secretary shall promulgate rules— (A) outlining how the Department will implement the income dependent education assistance repayment plan requirements for borrowers under this section; and (B) regarding monthly repayment processes for borrowers of loans made under this part before the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023. (3) Rule of construction \nNothing in this section shall be construed to eliminate or otherwise affect the loan forgiveness or loan cancellation options available under this part to a borrower. (b) Duties of the Secretary of the Treasury \n(1) In general \nThe Secretary of the Treasury shall, with respect to each individual for whom a loan made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 is in repayment status, transmit to the Secretary of Education— (A) in the case of such an individual who files an income tax return for such taxable year, such tax information as is necessary to determine the individual’s repayment obligation and financing fee adjustments, as determined by the Secretary under this part; and (B) in the case of any such individual who does not file a return for such taxable year, any available tax information of the individual as may be necessary to determine such obligation and whether such individual is delinquent under the terms of such loan for not so filing. (2) Additional program requirements \nThe Secretary of the Treasury shall establish such other policies, procedures, and guidance as may be necessary to carry out the purposes of this section, including measures to prevent underreporting and evasion of repayment or filing. (c) Duties of the Secretary of Education \n(1) In general \nThe Secretary shall carry out, as part of the loan repayment plan established under this section, the following activities: (A) Calculation of annual repayment amounts \nThe Secretary shall calculate the annual repayment amount under this section for borrowers with 1 or more loans made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 in repayment status for one or more months in the taxable year for which the amount is determined regardless of which repayment plan the borrower is in, including the repayment obligations of such borrowers in accordance with subsection (d)(3). (B) Communication with the secretary of the treasury \nThe Secretary shall transmit to the Secretary of the Treasury such information as is necessary for the Secretary of the Treasury to carry out subsection (d)(3). (C) Annual statements \nUpon calculating the annual repayment amounts under subparagraph (A) for a taxable year, the Secretary shall provide a statement, on an annual basis, to each borrower with a loan made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 regardless of which repayment plan the borrower is in, which lists the following: (i) Total payments made on the borrower’s annual repayment amount for such taxable year. (ii) The borrower’s annual repayment amount for such taxable year. (iii) The outstanding balances on all the loans made to the borrower under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 and any other outstanding balances on loans of the borrower that were made, insured, or guaranteed under this title. (iv) A description of how the borrower’s annual repayment amount was calculated. (D) Payments on a borrower's behalf \n(i) In general \nThe Secretary shall— (I) provide a mechanism for other individuals or entities to make payments on the annual repayment amount of a borrower for a taxable year; and (II) notify the borrower that any payments made under subclause (I) for the taxable year that exceed the annual repayment amount for the year shall not be refunded to the borrower, except as provided through the appeals process described in clause (ii). (ii) Appeals process \nThe Secretary shall make available a process through which a borrower can appeal for refund of payments made under clause (i) that exceed the annual repayment amount for the year if such payments were made pursuant to improper wage garnishment. (E) Appeals process \n(i) In general \nThe Secretary shall make available a process through which a borrower can appeal the calculation of the borrower’s annual repayment amount, including a worksheet that enables a borrower to calculate the borrower’s annual repayment amount. (ii) Good standing \nA borrower who makes an appeal under clause (i) with respect to a loan shall be considered in good standing on such loan during the duration of the appeal. (iii) Regulations \nThe Secretary shall issue regulations outlining such process not later than 18 months after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023. (F) Delinquent for failure to file a return \n(i) In general \nIn a case in which the Secretary receives information from the Secretary of the Treasury under subsection (b) that a borrower with a loan made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 in repayment status in the repayment plan under this section, has failed to file a return under section 6012(a)(1) of the Internal Revenue Code of 1986 and such borrower was required to file such a return, the Secretary shall— (I) notify the borrower of the borrower’s failure to file such a return; and (II) if the borrower fails to file such a return within 90 days of receipt of the notice described in subclause (I), consider the borrower’s loans made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 in repayment status in the repayment plan under this section to be delinquent. (ii) Appeals process \nThe Secretary shall make available a process through which a borrower can appeal a determination under clause (i) that the borrower has failed to file a return under section 6012(a)(1) of the Internal Revenue Code of 1986 and such borrower was required to file such a return. The Secretary shall issue regulations outlining such process not later than 18 months after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023. (G) Monthly payments process \nThe Secretary shall— (i) establish a monthly payments process described in paragraph (2); and (ii) issue regulations establishing penalties for default on such monthly payments. (H) Calculating loan forgiveness \nThe Secretary shall determine appropriate loan forgiveness options for students who select the repayment plan under this section. (I) Financial hardships \n(i) In general \nThe Secretary shall establish a process for providing an adjustment in both the monthly payment and annual repayment amount obligations on a loan for a borrower experiencing extreme unforeseen financial circumstances unrelated to a change in annual income. (ii) Repayment status \nA borrower who receives an adjustment under clause (i) for a loan shall be deemed in repayment status with respect to such loan. (2) Monthly payments process \n(A) In general \nThe Secretary shall establish a process under which a borrower, or one making payments on behalf of a borrower under paragraph (1)(D), shall make monthly payments towards the borrower’s annual repayment amount. (B) Information required \nThe procedure for initiating the monthly payments process under subparagraph (A) shall include an income estimate based on the income verification provided by the Secretary of the Treasury under subsection (b). (C) Automatic continuation \nThe monthly payments process shall continue until the borrower’s loans made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 are repaid. (D) Updating payment amounts \n(i) Secretary \nThe Secretary shall automatically recalculate a borrower’s monthly payment amount— (I) at the beginning of a new taxable year using the most recent income estimate provided under subsection (b)(1) by the Secretary of the Treasury; and (II) not later than 30 days after the date the borrower's income estimate is adjusted after an appeal under paragraph (1)(E). (ii) Borrower \nA borrower may request that the Secretary update the borrower’s income estimate to adjust monthly payment amounts pursuant to subparagraph (E) or (I) of paragraph (1) at any time. (d) Borrower repayment \n(1) Repayment period \nThe repayment period of a loan in the repayment plan under this section shall— (A) begin on the first day of the first taxable year that begins after the borrower’s in-school deferment period; and (B) continue until the loan is paid in full, except that the Secretary may grant a borrower deferment of the borrower’s annual repayment amount— (i) for a period not to exceed 60 days, due to administrative or technical reasons; (ii) for a period not to exceed 3 months, due to unusual circumstances that disrupt the borrower’s ability to make timely payments on the loan; or (iii) renewable at 12-month intervals for a period not to exceed 3 years, due to documented extreme economic hardship on the part of a borrower. (2) Prepayment authorized \nA borrower shall have the right to prepay all or part of such loan, at any time and without penalty. Any such prepayment amount shall be applied in accordance with section 455(r)(3)(C). (3) Determination of income-Based repayment obligation \n(A) In general \nThe repayment obligation under this section with respect to an individual for any taxable year is an amount equal to 10 percent of the amount by which— (i) the individual's, and the individual's spouse's (if applicable), adjusted gross income; exceeds (ii) 150 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ). (B) Exclusion of certain amounts paid on behalf of individual \nAny amount paid on the borrower's behalf under subsection (c)(1)(D) shall not be taken into account in determining such borrower's income-based repayment obligation. (C) Individuals not filing a return \nThe income-based repayment obligation with respect to an individual not required to file a return under section 6012(a)(1) of the Internal Revenue Code of 1986 shall be treated as zero.", "id": "idF2AE540B56874CE59C183EC995CB7F23", "header": "Income dependent education assistance repayment plan" } ]

[ { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Department of Defense Improved Hiring Act.", "id": "id0659CF8B14794DD18D53EE036872C8E3", "header": "Short title" }, { "text": "2. Making permanent the direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation \n(a) Codification of section 1125 of FY 2017 NDAA \nChapter 81 of title 10, United States Code, is amended by adding at the end a new section consisting of— (1) a heading as follows: 1599j. Direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation \n; and (2) a text consisting of the text of section 1125 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 1580 note prec.). (b) Conforming amendments in connection with codification \nSection 1599j of title 10, United States Code, as added by subsection (a), is amended— (1) in subsection (a)— (A) by striking During each of fiscal years 2017 through 2025, the Secretary and inserting The Secretary ; and (B) by striking United States Code, ; and (2) in subsection (b)— (A) by striking During fiscal years 2017 through 2021, the Secretary and inserting The Secretary ; and (B) by striking United States Code,. (c) Clerical amendment \nThe table of sections at the beginning of chapter 81 of such title is amended by adding at the end the following new item: 1599j. Direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation.. (d) Conforming repeal \nSection 1125 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 1580 note prec.) is repealed.", "id": "idAA29B4CC4D4F4D9298148DCF9AD7DC4D", "header": "Making permanent the direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation" }, { "text": "1599j. Direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation", "id": "id746B50E1BE664CF58423FEB1A6BA3D4C", "header": "Direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation" } ]

[ { "text": "1. Short title \nThis Act may be cited as the American Vehicle Security Act of 2023.", "id": "S1", "header": "Short title" }, { "text": "2. Application of certain amendments made with respect to the credit for new clean vehicles \n(a) In general \nSection 13401(k) of Public Law 117–169 is amended— (1) in paragraph (1), by striking paragraphs (2), (3), (4), and (5) and inserting paragraphs (2), (3), and (4) , (2) by striking paragraph (3), and (3) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (b) Effective date \nThe amendments made by this section shall take effect as if included in the enactment of section 13401 of Public Law 117–169.", "id": "id4CFB96EF65164B5FBB14DBFF57DA20C1", "header": "Application of certain amendments made with respect to the credit for new clean vehicles" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Necessary Entrepreneurship Workshops via the SBA to Transform and Assist Re-entry Training Act of 2023 or the NEW START Act of 2023.", "id": "S1", "header": "Short title" }, { "text": "2. Findings \nCongress finds that— (1) according to the Department of Justice, every year, over 600,000 individuals are released from prison and return home to their communities, and almost 77 percent of those individuals will reoffend within 5 years; (2) according to the Brookings Institution, an estimated 48.5 percent of formerly incarcerated individuals will remain unemployed or earn a negligible income for a period of 1 year post-incarceration, increasing the risk for recidivism; (3) according to the Florida State University Institute for Justice Research and Development, formerly incarcerated individuals see a reduction in earnings of 25 percent since criminal records make it difficult to find stable employment; (4) self-employment can provide economic stability for those who are otherwise locked out of the labor market; and (5) according to a paper entitled Entrepreneurship as a Response to Labor Market Discrimination for Formerly Incarcerated People — (A) the average individual without a criminal record has a 7.09 percent likelihood of becoming an entrepreneur, but justice-impacted individuals were found to be more than 50 percent likely to choose entrepreneurship with a 12.69 percent likelihood of becoming an entrepreneur; (B) entrepreneurship reduces the likelihood of recidivism by 5.3 percent, which was a 32.5 percent decrease from average recidivism rates for regular employees who have been previously incarcerated; and (C) formerly incarcerated individuals who choose entrepreneurship make $2,700 more annually than formerly incarcerated employees and that the income gap between formerly incarcerated entrepreneurs and entrepreneurs with no criminal record was 38 percent lower than the income gap between formerly incarcerated employees and employees with no criminal record.", "id": "id072C8FB452BA4CD9ABC2C8AA94F988DF", "header": "Findings" }, { "text": "3. Pilot program \n(a) Definitions \nIn this Act— (1) the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively; (2) the term appropriate committees of Congress means— (A) the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Small Business of the House of Representatives; (3) the term covered individual means an individual who— (A) completed a term of imprisonment in Federal, State, or local jail or prison; and (B) meets the offense eligibility requirements set forth in any applicable policy notice or other guidance issued by the Small Business Administration for the program established under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) ); (4) the terms intermediary and microloan have the meanings given those terms in section 7(m)(11) of the Small Business Act ( 15 U.S.C. 636(m)(11) ); (5) the term microloan intermediary means an intermediary that is eligible to participate in the program established under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) ); (6) the term pilot program means the pilot program established under subsection (b); and (7) the term small business development center has the meaning given the term in section 3 of the Small Business Act ( 15 U.S.C. 632 ). (b) Establishment \nNot later than 180 days after the date of enactment of this Act, the Administrator shall establish a pilot program to award grants to organizations over a 5-year period to create or support existing entrepreneurship development programs to provide assistance to covered individuals. (c) Grant requirements \nThe Administrator shall— (1) award grants under the pilot program to organizations, or partnerships of organizations, which shall each receive a grant in an amount greater than $100,000 and less than $500,000 annually over the 5-year period in which the pilot program is in existence; and (2) allocate grants under the pilot program to ensure that the recipients are geographically varied throughout the United States. (d) Partnerships \nAn applicant for a grant under the pilot program may form partnerships with other organizations for the purposes of the application submitted under subsection (e) and for conducting entrepreneurial development programming. (e) Application \n(1) In general \nAn organization or partnership of organizations desiring a grant under the pilot program shall submit an application to the Administrator in such form, in such manner, and containing such information as the Administrator may reasonably require. (2) Contents \nAn application submitted under paragraph (1) shall— (A) demonstrate that the applicant is a microloan intemediary or an organization that administers the Community Advantage Pilot Program of the Administration, or has a partnership with such an intermediary or organization, that may provide microloans to qualified covered individuals, or, to the extent that the applicant is a national organization in multiple different markets, that a separate microloan intermediary may be used in each such market; (B) demonstrate strong community ties, including those with the covered individual community, local businesses, and political leaders; (C) demonstrate an ability to provide a full range of entrepreneurial development programming on an ongoing basis; (D) include a plan for reaching covered individuals, including by identifying particular target populations within the community; (E) clearly define entrepreneurial development capabilities, including coordination with existing local resource partners of the Administration for additional training as necessary; (F) present an entrepreneurship development curriculum, which may be a nationally recognized model or based upon such a model; (G) include a list of each partner organization; and (H) include a comprehensive plan for the use of grant funds, including estimates for administrative and outreach costs of running and evaluating the entrepreneurship development program. (f) Priority \nIn determining whether to award a grant under the pilot program, the Administrator may give priority to applicants based on— (1) whether the application includes a commitment from an existing or new non-Federal funding source to meet the matching requirement under subsection (g); (2) whether the application takes into account local economies and markets as a part of the educational component of the entrepreneurship development program; (3) the ability or plan of the applicant to provide entrepreneurial development services concurrent with employment or job training services; and (4) whether the applicant has a history of effectively providing entrepreneurial training or access to capital to covered individuals. (g) Matching requirement \n(1) In general \nAs a condition of a grant provided under the pilot program, the Administrator shall require the recipient of the grant to contribute an amount equal to 25 percent of the amount of the grant, obtained solely from existing or new non-Federal sources. (2) Form \nIn addition to cash or other direct funding, the contribution required under paragraph (1) may include indirect costs or in-kind contributions paid for under non-Federal programs. (h) Responsibilities \nA recipient of a grant under the pilot program shall, to the maximum extent possible, connect covered individuals to a range of Federal resources, including— (1) the program established under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) ); (2) the Community Advantage Pilot Program of the Administration; (3) small business development centers; (4) women’s business centers described in section 29 of the Small Business Act ( 15 U.S.C. 656 ); (5) chapters of the Service Corps of Retired Executives established under section 8(b)(1)(B) of the Small Business Act (( 15 U.S.C. 637(b)(1)(B) ); (6) Veteran Business Outreach Centers described in section 32 of the Small Business Act ( 15 U.S.C. 657b ); and (7) business centers established by the Minority Business Development Agency. (i) Reports \n(1) In general \nNot later than 1 year after the date on which the Administrator establishes the pilot program, and every year thereafter until the pilot program terminates, the Administrator shall submit to Congress a report on the activities of the pilot program, including— (A) a list of each grantee organization and each partner organization; (B) the characteristics of covered individuals assisted under the entrepreneurship development programs, including race and ethnicity, gender, age, marital status, parental status, employment status, income, banking and credit history, and prior business experience; (C) the participation and attendance rates for all components of the entrepreneurship development programs; (D) the program retention rate; (E) to the greatest extent practicable, the most common reasons why participants do not complete the program; (F) the percentage of participants who remain non-justice involved during the calendar year of the program; (G) the level of the covered individuals' understanding of business concepts and principles; (H) the level of the covered individuals' greater confidence in leadership strengths, including the results of an industry-recognized behavioral assessment; (I) the covered individuals' progress made toward establishing a business; (J) the experiences and perceptions of the covered individuals; (K) the number and dollar amount of loans made to covered individuals; (L) the number and dollar amount of loans made or guaranteed by the Administration to covered individuals; and (M) such additional information as the Administrator may require. (2) GAO report \nNot later than 1 year after the date on which the pilot program terminates, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report that evaluates— (A) the services that grant recipients provided to covered individuals assisted under entrepreneurship development programs; (B) oversight of the pilot program by the Administrator, including policies and procedures for monitoring the compliance by grant recipients with pilot program requirements and an assessment of the effectiveness of the pilot program; and (C) the overall performance of the pilot program and the impacts of the pilot program on grant recipients. (j) Rule of construction \nNothing in this Act may be construed to affect the program established under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) ), including— (1) the requirements of that program; (2) the manner in which that program is carried out; or (3) the use or availability of any amounts that have been made available to carry out that program. (k) Authorization of appropriations \nThere are authorized to be appropriated to the Administrator such sums as are necessary to carry out the pilot program. (l) Termination \nThe pilot program shall terminate on the date that is 5 years after the date on which the Administrator establishes the pilot program.", "id": "idE5912CDB0B8E4078A5B2FD0A6EE451E1", "header": "Pilot program" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Livestock Consolidation Research Act of 2023.", "id": "S1", "header": "Short title" }, { "text": "2. Livestock consolidation research \n(a) In general \nNot later than 1 year after the date on which each latest Census of Agriculture is made publicly available, the Administrator of the Economic Research Service shall publish a report on consolidation and concentration in the livestock industry, including— (1) changes in the size and location of ranches, farms, processing facilities, and packers throughout the United States; and (2) the impact of the changes described in paragraph (1) on farmers, ranchers, and downstream consumers, including— (A) financial impacts; (B) market entry impacts; (C) access to resources and inputs, including processing facilities; and (D) dietary impacts. (b) Sources of information \nIn preparing a report under subsection (a), the Administrator of the Economic Research Service shall draw on data available to the Secretary of Agriculture, including the Census of Agriculture, inspection records of the Food Safety and Inspection Service, and the packing plant data of the Packers and Stockyards Division of the Agricultural Marketing Service. (c) Report organization \nThe report under subsection (a) shall separate information on beef cattle by cow-calf and fed cattle operations. (d) Confidentiality \nA report published under subsection (a) shall not contain any confidential business information. (e) Definition of livestock \nIn this section, the term livestock includes beef, dairy, pork, and poultry production (including broilers, eggs, and turkeys).", "id": "id24f216f14dea4a6e91bd92cbdc37d6e9", "header": "Livestock consolidation research" } ]

[ { "text": "1. Short title \nThis Act may be cited as the AM Radio for Every Vehicle Act of 2023.", "id": "S1", "header": "Short title" }, { "text": "2. AM broadcast stations rulemaking \n(a) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Federal Emergency Management Agency. (2) AM broadcast band \nThe term AM broadcast band means the band of frequencies between 535 kilohertz and 1705 kilohertz, inclusive. (3) AM broadcast station \nThe term AM broadcast station means a broadcast station licensed for the dissemination of radio communications— (A) intended to be received by the public; and (B) operated on a channel in the AM broadcast band. (4) Authorized alert originator \nThe term authorized alert originator means a Federal, State, local, Tribal, or territorial government agency or official that is legally authorized to initiate alert messages for transmission to the public using the Integrated Public Alert and Warning System. (5) Comptroller General \nThe term Comptroller General means the Comptroller General of the United States. (6) Device \nThe term device means a piece of equipment or an apparatus that is designed— (A) to receive signals transmitted by a radio broadcast station (as defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 )); and (B) to play back content or programming derived from those signals. (7) Digital audio AM broadcast station \n(A) In general \nThe term digital audio AM broadcast station means an AM broadcast station that— (i) is licensed by the Federal Communications Commission; and (ii) uses an In-band On-channel system (as defined in section 73.402 of title 47, Code of Federal Regulations (or a successor regulation)) for broadcasting purposes. (B) Exclusion \nThe term digital audio AM broadcast station does not include an all-digital AM station (as defined in section 73.402 of title 47, Code of Federal Regulations (or a successor regulation)). (8) Integrated public alert and warning system \nThe term Integrated Public Alert and Warning System means the public alert and warning system of the United States described in section 526 of the Homeland Security Act of 2002 ( 6 U.S.C. 321o ). (9) Manufacturer \nThe term manufacturer has the meaning given the term in section 30102(a) of title 49, United States Code. (10) Motor vehicle \nThe term motor vehicle has the meaning given the term in section 30102(a) of title 49, United States Code. (11) Receive \nThe term receive means to receive a broadcast signal via over-the-air transmission. (12) Secretary \nThe term Secretary means the Secretary of Transportation. (13) Signal \nThe term signal means radio frequency energy that a holder of a radio station license granted or authorized by the Federal Communications Commission pursuant to sections 301 and 307 of the Communications Act of 1934 ( 47 U.S.C. 301 , 307) intentionally emits or causes to be emitted at a specified frequency for the purpose of transmitting content or programming to the public. (14) Standard equipment \nThe term standard equipment means motor vehicle equipment (as defined in section 30102(a) of title 49, United States Code) that— (A) is installed as a system, part, or component of a motor vehicle as originally manufactured; and (B) the manufacturer of the motor vehicle recommends or authorizes to be included in the motor vehicle for no additional or separate monetary fee, payment, or surcharge, beyond the base price of a motor vehicle. (b) Rulemaking required \nNot later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Administrator and the Federal Communications Commission, shall issue a rule— (1) requiring devices that can receive signals and play content transmitted by AM broadcast stations be installed as standard equipment in motor vehicles manufactured in the United States, imported into the United States, or shipped in interstate commerce after the effective date of the rule; (2) requiring dashboard access to AM broadcast stations in a manner that is conspicuous to a driver; and (3) allowing a manufacturer to comply with that rule by installing devices that can receive signals and play content transmitted by digital audio AM broadcast stations as standard equipment in motor vehicles manufactured in the United States, imported into the United States, or shipped in interstate commerce after the effective date of the rule. (c) Interim requirement \nFor motor vehicles manufactured in the United States, imported into the United States, or shipped in interstate commerce between the period of time beginning on the date of enactment of this Act and ending on the effective date of the rule issued under subsection (b) that do not include devices that can receive signals and play content transmitted by AM broadcast stations, the manufacturer of the motor vehicles shall provide clear and conspicuous labeling to inform purchasers of those motor vehicles that the motor vehicles do not include devices that can receive signals and play content transmitted by AM broadcast stations. (d) Enforcement \n(1) Civil penalty \nAny person failing to comply with the rule issued under subsection (b) shall be liable to the United States Government for a civil penalty in accordance with section 30165(a)(1) of title 49, United States Code. (2) Civil action \nThe Attorney General may bring a civil action in an appropriate district court of the United States to enjoin a violation of the rule issued under subsection (b) in accordance with section 30163 of title 49, United States Code. (e) Study \n(1) Study required \n(A) In general \nThe Comptroller General shall study and assess whether an alternative communication system for delivering emergency alerts and critical public safety information distributed by the Integrated Public Alert and Warning System to drivers and passengers of motor vehicles exists that— (i) is as reliable and resilient as AM broadcast stations; and (ii) is capable of ensuring the President (or a designee) can reach at least 90 percent of the population of the United States in a time of crisis, including at night. (B) Considerations \nIn carrying out the study required by subparagraph (A), the Comptroller General shall consider— (i) the cost to drivers and passengers to receive communications through an alternative communication system; and (ii) in consultation with the Federal Emergency Management Agency, the Federal Communications Commission, and authorized alert originators, the cost and time required to develop and implement an alternative resilient communication system that fully replicates the capability to deliver emergency alerts and critical public safety information distributed by the Integrated Public Alert and Warning System. (2) Briefing; report \n(A) Briefing \nNot later than 1 year after the date of enactment of this Act, the Comptroller General shall brief the appropriate committees of Congress on the results of the study required by paragraph (1)(A), including recommendations for legislation and administrative action as the Comptroller General determines appropriate. (B) Report \nNot later than 180 days after the date on which the Comptroller General provides the briefing required under subparagraph (A), the Comptroller General shall submit to the Committees on Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs of the Senate; and the Committees on Transportation and Infrastructure and Homeland Security of the House of Representatives a report describing the results of the study required under paragraph (1)(A), including recommendations for legislation and administrative action as the Comptroller General determines appropriate.", "id": "id8ea29f4eeac0457998d6cde7aae2bae5", "header": "AM broadcast stations rulemaking" }, { "text": "1. Short title \nThis Act may be cited as the AM Radio for Every Vehicle Act of 2023.", "id": "id03A4B779AB4947BA8CC096BC93CCB3A6", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Administrator \nThe term Administrator means the Administrator of the Federal Emergency Management Agency. (2) AM broadcast band \nThe term AM broadcast band means the band of frequencies between 535 kilohertz and 1705 kilohertz, inclusive. (3) AM broadcast station \nThe term AM broadcast station means a broadcast station licensed for the dissemination of radio communications— (A) intended to be received by the public; and (B) operated on a channel in the AM broadcast band. (4) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on Transportation and Infrastructure of the House of Representatives; (D) the Committee on Homeland Security of the House of Representatives; and (E) the Committee on Energy and Commerce of the House of Representatives. (5) Comptroller General \nThe term Comptroller General means the Comptroller General of the United States. (6) Device \nThe term device means a piece of equipment or an apparatus that is designed— (A) to receive signals transmitted by a radio broadcast station (as defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 )); and (B) to play back content or programming derived from those signals. (7) Digital audio AM broadcast station \n(A) In general \nThe term digital audio AM broadcast station means an AM broadcast station that— (i) is licensed by the Federal Communications Commission; and (ii) uses an In-band On-channel system (as defined in section 73.402 of title 47, Code of Federal Regulations (or a successor regulation)) for broadcasting purposes. (B) Exclusion \nThe term digital audio AM broadcast station does not include an all-digital AM station (as defined in section 73.402 of title 47, Code of Federal Regulations (or a successor regulation)). (8) Integrated Public Alert and Warning System; IPAWS \nThe terms Integrated Public Alert and Warning System and IPAWS mean the public alert and warning system of the United States described in section 526 of the Homeland Security Act of 2002 ( 6 U.S.C. 321o ). (9) Manufacturer \nThe term manufacturer has the meaning given the term in section 30102(a) of title 49, United States Code. (10) Passenger motor vehicle \nThe term passenger motor vehicle has the meaning given the term in section 32101 of title 49, United States Code. (11) Receive \nThe term receive means to receive a broadcast signal via over-the-air transmission. (12) Secretary \nThe term Secretary means the Secretary of Transportation. (13) Signal \nThe term signal means radio frequency energy that a holder of a radio station license granted or authorized by the Federal Communications Commission pursuant to sections 301 and 307 of the Communications Act of 1934 ( 47 U.S.C. 301 , 307) intentionally emits or causes to be emitted at a specified frequency for the purpose of transmitting content or programming to the public. (14) Standard equipment \nThe term standard equipment means motor vehicle equipment (as defined in section 30102(a) of title 49, United States Code) that— (A) is installed as a system, part, or component of a motor vehicle as originally manufactured; and (B) the manufacturer of the motor vehicle recommends or authorizes to be included in the motor vehicle for no additional or separate monetary fee, payment, or surcharge, beyond the base price of a motor vehicle.", "id": "id75dda5a8-20ab-4609-bc74-fa4b50126a67", "header": "Definitions" }, { "text": "3. AM broadcast stations rule \n(a) Rule required \nNot later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Administrator and the Federal Communications Commission, shall issue a rule— (1) requiring devices that can receive signals and play content transmitted by AM broadcast stations be installed as standard equipment in passenger motor vehicles— (A) manufactured in the United States, imported into the United States, or shipped in interstate commerce; and (B) manufactured after the effective date of the rule; (2) requiring access to AM broadcast stations in a manner that is easily accessible to a driver after the effective date of the rule; and (3) allowing a manufacturer to comply with that rule by installing devices that can receive signals and play content transmitted by digital audio AM broadcast stations as standard equipment in passenger motor vehicles manufactured in the United States, imported into the United States, or shipped in interstate commerce after the effective date of the rule. (b) Compliance \n(1) In general \nExcept as provided in paragraph (2), in issuing the rule required under subsection (a), the Secretary shall establish an effective date for the rule that is not less than 2 years, but not more than 3 years, after the date on which the rule is issued. (2) Certain manufacturers \nIn issuing the rule required under subsection (a), the Secretary shall establish an effective date for the rule that is at least 4 years after the date on which the rule is issued with respect to manufacturers that manufactured not more than 40,000 passenger motor vehicles for sale in the United States in 2022. (c) Interim requirement \nFor passenger motor vehicles manufactured after the date of enactment of this Act and manufactured in the United States, imported into the United States, or shipped in interstate commerce between the period of time beginning on the date of enactment of this Act and ending on the effective date of the rule issued under subsection (a) that do not include devices that can receive signals and play content transmitted by AM broadcast stations, the manufacturer of the passenger motor vehicles— (1) shall provide clear and conspicuous labeling to inform purchasers of those passenger motor vehicles that the passenger motor vehicles do not include devices that can receive signals and play content transmitted by AM broadcast stations; and (2) may not charge an additional or separate monetary fee, payment, or surcharge, beyond the base price of the passenger motor vehicles, for access to AM broadcast stations for the period of time described in this subsection. (d) Relationship to other laws \nWhen the rule issued under subsection (a) is in effect, a State or a political subdivision of a State may not prescribe or continue in effect a law, regulation, or other requirement applicable to access to AM broadcast stations in passenger motor vehicles. (e) Enforcement \n(1) Civil penalty \nAny person failing to comply with the rule issued under subsection (a) shall be liable to the United States Government for a civil penalty in accordance with section 30165(a)(1) of title 49, United States Code. (2) Civil action \nThe Attorney General may bring a civil action in an appropriate district court of the United States to enjoin a violation of the rule issued under subsection (a) in accordance with section 30163 of title 49, United States Code. (f) GAO study \n(1) In general \nThe Comptroller General shall conduct a comprehensive study on disseminating emergency alerts and warnings to the public. (2) Requirements \nThe study required under paragraph (1) shall include— (A) an assessment of— (i) the role of passenger motor vehicles in IPAWS communications, including by providing access to AM broadcast stations; (ii) the advantages, effectiveness, limitations, resilience, and accessibility of existing IPAWS communication technologies, including AM broadcast stations in passenger motor vehicles; (iii) the advantages, effectiveness, limitations, resilience, and accessibility of AM broadcast stations relative to other IPAWS communication technologies in passenger motor vehicles; (iv) whether other IPAWS communication technologies are capable of ensuring the President (or a designee) can reach at least 90 percent of the population of the United States at a time of crisis, including at night; and (B) a description of any ongoing efforts to integrate new and emerging technologies and communication platforms into the IPAWS framework. (3) Consultation required \nIn conducting the study required under paragraph (1), the Comptroller General shall consult with— (A) the Secretary of Homeland Security; (B) the Federal Communications Commission; (C) the National Telecommunications and Information Administration; (D) the Secretary; (E) Federal, State, Tribal, territorial, and local emergency management officials; (F) first responders; (G) technology experts in resilience and accessibility; (H) radio broadcasters; (I) manufacturers of passenger motor vehicles; and (J) other relevant stakeholders, as determined by the Comptroller General. (g) Briefing and report \n(1) Briefing \nNot later than 1 year after the date of enactment of this Act, the Comptroller General shall brief the appropriate committees of Congress on the results of the study required by subsection (f)(1), including recommendations for legislation and administrative action as the Comptroller General determines appropriate. (2) Report \nNot later than 180 days after the date on which the Comptroller General provides the briefing required under paragraph (1), the Comptroller General shall submit to the appropriate committees of Congress a report describing the results of the study required under subsection (f)(1), including recommendations for legislation and administrative action as the Comptroller General determines appropriate. (h) Review \nNot less frequently than once every 5 years after the date on which the Secretary issued the rule required by subsection (a), the Secretary, in coordination with the Administrator and the Federal Communications Commission, shall submit to the appropriate committees of Congress a report that shall include an assessment of— (1) the impacts of the rule issued under that subsection, including the impacts on public safety; and (2) changes to IPAWS communication technologies that enable resilient and accessible alerts to drivers and passengers of passenger motor vehicles.", "id": "id3f8911b2ec4c43469c35e928c568c0d8", "header": "AM broadcast stations rule" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Treating Tribes and Counties as Good Neighbors Act.", "id": "S1", "header": "Short title" }, { "text": "2. Modification of the treatment of certain revenue and payments under good neighbor agreements \n(a) Good neighbor authority \nSection 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ) is amended— (1) in subsection (a)(6), by striking or Indian tribe ; and (2) in subsection (b)— (A) in paragraph (1)(A), by inserting , Indian tribe, after Governor ; (B) in paragraph (2)(C), by striking clause (i) and inserting the following: (i) In general \nFunds received from the sale of timber by a Governor, an Indian tribe, or a county under a good neighbor agreement shall be retained and used by the Governor, Indian tribe, or county, as applicable— (I) to carry out authorized restoration services under the good neighbor agreement; and (II) if there are funds remaining after carrying out subclause (I), to carry out authorized restoration services under other good neighbor agreements. ; (C) in paragraph (3), by inserting , Indian tribe, after Governor ; and (D) by striking paragraph (4). (b) Conforming amendments \nSection 8206(a) of the Agricultural Act of 2014 ( 16 U.S.C. 2113a(a) ) is amended— (1) in paragraph (1)(B), by inserting , Indian tribe, after Governor ; and (2) in paragraph (5), by inserting , Indian tribe, after Governor. (c) Effective date \nThe amendments made by this Act apply to any project initiated pursuant to a good neighbor agreement (as defined in section 8206(a) of the Agricultural Act of 2014 ( 16 U.S.C. 2113a(a) ))— (1) before the date of enactment of this Act, if the project was initiated after the date of enactment of the Agriculture Improvement Act of 2018 ( Public Law 115–334 ; 132 Stat. 4490); or (2) on or after the date of enactment of this Act.", "id": "id11FD47E56E47405692EE8AB47C895605", "header": "Modification of the treatment of certain revenue and payments under good neighbor agreements" } ]

[ { "text": "1. Short title \nThis Act may be cited as the No Budget, No Pay Act.", "id": "S1", "header": "Short title" }, { "text": "2. Definitions \nIn this Act— (1) the term Budget and Appropriations Chairs means the House Budget and Appropriations Chairs and the Senate Budget and Appropriations Chairs; (2) the term House Budget and Appropriations Chairs means the Chair of the Committee on the Budget of the House of Representatives and the Chair of the Committee on Appropriations of the House of Representatives; (3) the term Member of Congress — (A) has the meaning given that term under section 2106 of title 5, United States Code; and (B) does not include the Vice President; and (4) the term Senate Budget and Appropriations Chairs means the Chairman of the Committee on the Budget of the Senate and the Chairman of the Committee on Appropriations of the Senate.", "id": "idec74b5e155a049ceb6e788330098a58f", "header": "Definitions" }, { "text": "3. Timely approval of concurrent resolution on the budget and the appropriations bills \nNot later than October 1 of each fiscal year, both Houses of Congress shall— (1) approve a concurrent resolution on the budget as described under section 301 of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 632 ) for that the fiscal year; and (2) pass all the regular appropriations bills for that fiscal year.", "id": "idd6b0cc61098c4365a2ef8c0764a89c80", "header": "Timely approval of concurrent resolution on the budget and the appropriations bills" }, { "text": "4. No pay without concurrent resolution on the budget and the appropriations bills \n(a) In general \nNotwithstanding any other provision of law, no funds may be appropriated or otherwise be made available from the Treasury of the United States for the pay of any Member of Congress with respect to any period during which Congress is not in compliance with section 3, as determined by the Budget and Appropriations Chairs under section 5. (b) No retroactive pay \nA Member of Congress may not receive pay with respect to any period during which Congress was not in compliance with section 3, as determined by the Budget and Appropriations Chairs under section 5, at any time after the end of that period.", "id": "idf2873e1e7ab24b7b95a0a9890b41e7a1", "header": "No pay without concurrent resolution on the budget and the appropriations bills" }, { "text": "5. Determinations \n(a) Senate \n(1) Request for certifications \nOn October 1 of each year, the Secretary of the Senate shall submit to the Senate Budget and Appropriations Chairs a request for certification of determinations made under subparagraphs (A) and (B) of paragraph (2). (2) Determinations \nThe Senate Budget and Appropriations Chairs shall— (A) on October 1 of each fiscal year, make a determination of whether Congress is in compliance with section 3 with respect to that fiscal year and whether Senators may not be paid under section 4; (B) determine the period of days following each October 1 that Senators may not be paid under section 4; and (C) provide timely certification of the determinations under subparagraphs (A) and (B) upon the request of the Secretary of the Senate. (b) House of Representatives \n(1) Request for certifications \nOn October 1 of each fiscal year, the Chief Administrative Officer of the House of Representatives shall submit to the House Budget and Appropriations Chairs a request for certification of determinations made under subparagraphs (A) and (B) of paragraph (2). (2) Determinations \nThe House Budget and Appropriations Chairs shall— (A) on October 1 of each fiscal year, make a determination of whether Congress is in compliance with section 3 with respect to that fiscal year and whether Members of the House of Representatives may not be paid under section 4; (B) determine the period of days following each October 1 that Members of the House of Representatives may not be paid under section 4; and (C) provide timely certification of the determinations under subparagraphs (A) and (B) upon the request of the Chief Administrative Officer of the House of Representatives.", "id": "id28f66a47ec514653bf47aea4941683a0", "header": "Determinations" }, { "text": "6. Effective date \nThis Act shall take effect on September 29, 2025.", "id": "id9e6b282eecf8462a8900d4db2728ce72", "header": "Effective date" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Know Before You Owe Federal Student Loan Act of 2023.", "id": "S1", "header": "Short title" }, { "text": "2. Pre-loan counseling and certification of loan amount \nSection 485(l) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(l) ) is amended— (1) in the subsection heading, by striking Entrance Counseling and inserting Pre-Loan Counseling ; (2) in paragraph (1)(A)— (A) in the matter preceding clause (i), by striking a disbursement to a first-time borrower of a loan and inserting the first disbursement of each new loan (or the first disbursement in each award year if more than one new loan is obtained in the same award year) ; and (B) in clause (ii)(I), by striking an entrance counseling and inserting a counseling ; (3) in paragraph (2)— (A) by striking subparagraph (G) and inserting the following: (G) An estimate of the borrower's monthly payment amount compared to the borrower's estimated monthly income after taxes, after living expenses (using Consumer Expenditure Survey data from the Bureau of Labor Statistics), after estimated health insurance costs, and after any other relevant expenses, based on— (i) the best available data on starting wages for the borrower's program of study, if available; and (ii) the estimated total student loan debt of the borrower, including— (I) Federal debt; (II) to the best of the institution's knowledge, private loan debt already incurred; and (III) the estimated future debt required to complete the program of study. ; and (B) by adding at the end the following: (L) A statement that the borrower should borrow the minimum amount necessary to cover expenses and that the borrower does not have to accept the full amount of loans for which the borrower is eligible. (M) A warning that the higher the borrower’s debt-to-income ratio is, the more difficulty the borrower is likely to experience in repaying the loan. (N) Options for reducing borrowing through scholarships, reduced expenses, work-study, or other work opportunities. (O) An explanation of the importance of graduating on time to avoid additional borrowing, what course load is necessary to graduate on time, and information on how adding an additional year of study impacts total indebtedness. ; and (4) by adding at the end the following: (3) (A) In addition to the other requirements of this subsection and in accordance with subparagraph (B), each eligible institution shall ensure that the student manually enter, either in writing or through electronic means, the exact dollar amount of Federal Direct Loan funding under part D that such student desires to borrow. (B) The eligible institution shall ensure that the student carries out the activity described in subparagraph (A)— (i) in the course of the process used by the institution for students to accept a student loan award; (ii) prior to the institution certifying a Federal Direct Loan under part D for disbursement to a student (other than a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student); and (iii) after ensuring that the student has completed all of the pre-loan counseling requirements under this subsection..", "id": "idf72ae0598a2f4526b9b3929be38def26", "header": "Pre-loan counseling and certification of loan amount" }, { "text": "3. Required periodic disclosures during periods when loan payments are not required \nSection 433 of the Higher Education Act of 1965 ( 20 U.S.C. 1083 ) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: (f) Required periodic disclosures during periods when loan payments are not required \nDuring any period of time when a borrower of one or more loans, made, insured, or guaranteed under this part or part D is not required to make a payment to an eligible lender on the borrower's loan from that eligible lender, such eligible lender shall provide such borrower with a quarterly statement that includes, in simple and understandable terms— (1) the original principal amount of each of the borrower's loans, and the original principal amount of those loans in the aggregate; (2) the borrower's current balance, as of the time of the statement, as applicable; (3) the interest rate on each loan; (4) the total amount the borrower has paid in interest on each loan; (5) the aggregate amount the borrower has paid for each loan, including the amount the borrower has paid in interest, the amount the borrower has paid in fees, and the amount the borrower has paid against the balance; (6) the lender's or loan servicer's address, toll-free phone number, and webpage for payment and billing error purposes, including information about how a borrower can make voluntary payments when a loan is not in repayment status; (7) an explanation— (A) that the borrower has the option to pay the interest that accrues on each loan while the borrower is a student at an institution of higher education or during a period of deferment or forbearance, if applicable; and (B) if the borrower does not pay such interest while attending an institution or during a period of deferment or forbearance, any accumulated interest on the loan will be capitalized when the loan goes into repayment, resulting in more interest being paid over the life of the loan; (8) the amount of interest that has accumulated since the last statement based on the typical installment time period and the aggregate interest accrued to date; and (9) an explanation that making even small payments of any unspecified amount while the borrower is a student at an institution of higher education, or during a period of deferment or forbearance, if applicable, can help to offset interest accrual over the life of the loan..", "id": "idc6ad3dfc57bc4bf1922c8b97372be18c", "header": "Required periodic disclosures during periods when loan payments are not required" }, { "text": "4. Conforming amendments \n(a) Program participation agreements \nSection 487(e)(2)(B)(ii)(IV) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(e)(2)(B)(ii)(IV) ) is amended— (1) by striking Entrance and exit counseling and inserting Pre-loan and exit counseling ; and (2) by striking entrance and exit counseling and inserting pre-loan and exit counseling. (b) Regulatory relief and improvement \nSection 487A of the Higher Education Act of 1965 ( 20 U.S.C. 1094a ) is amended by striking entrance and exit interviews and inserting pre-loan and exit interviews each place the term appears.", "id": "idd39e46a8056a4ba2bc698dbe075a40fb", "header": "Conforming amendments" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Community Wildfire Protection Act of 2023.", "id": "id65c1f2b88be34f59a2dab56dc77adfcd", "header": "Short title" }, { "text": "2. Definition of at-risk community \nSection 101(1)(A) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511(1)(A) ) is amended— (1) by striking is comprised of— in the matter preceding clause (i) and all that follows through a group in clause (ii) and inserting comprises a group ; and (2) by striking within or adjacent to Federal land; and inserting a semicolon.", "id": "id096D12E8D91B409D925820D41E5E218B", "header": "Definition of at-risk community" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Secure And Fair Enforcement Banking Act of 2023 or the SAFE Banking 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. Safe harbor for depository institutions. Sec. 4. Protections for providing services to State-sanctioned marijuana businesses. Sec. 5. Protections under Federal law. Sec. 6. Requirements for filing suspicious activity reports. Sec. 7. Guidance and examination procedures. Sec. 8. Banking services for hemp-related legitimate businesses and hemp-related service providers. Sec. 9. Treatment of income derived from a State-sanctioned marijuana business for qualification for a federally backed single-family mortgage loan. Sec. 10. Requirements for deposit account termination requests and orders. Sec. 11. Annual diversity and inclusion report. Sec. 12. GAO study on diversity and inclusion. Sec. 13. GAO study on effectiveness of certain reports on finding certain persons. Sec. 14. Applicability to hemp-related legitimate businesses and hemp-related service providers. Sec. 15. Rules of construction.", "id": "S1", "header": "Short title; table of contents" }, { "text": "2. Definitions \nIn this Act: (1) Business of insurance \nThe term business of insurance has the meaning given the term in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 ). (2) CBD \nThe term CBD means cannabidiol. (3) Community development financial institution \nThe term community development financial institution has the meaning given the term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 ). (4) Depository institution \nThe term depository institution — (A) means— (i) a depository institution, as defined in section 3(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(c) ); (ii) a Federal credit union, as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ); and (iii) a State credit union, as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ); and (B) includes any minority depository institution, as defined in section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ( 12 U.S.C. 1463 note). (5) Federal banking regulator \nThe term Federal banking regulator means each of the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial Protection, the Federal Deposit Insurance Corporation, the Federal Housing Finance Agency, the Office of the Comptroller of the Currency, the National Credit Union Administration, the Department of the Treasury (including the Financial Crimes Enforcement Network and the Office of Foreign Assets Control), or any Federal agency or department that regulates banking or financial services, as determined by the Secretary of the Treasury. (6) Financial product or service \nThe term financial product or service has the meaning given the term in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 ). (7) Financial service \nThe term financial service — (A) means— (i) a financial product or service, regardless of whether the customer receiving the product or service is a consumer or commercial entity; or (ii) a financial product or service, or any combination of products and services, permitted to be provided by— (I) a national bank or a financial subsidiary pursuant to the authority provided under— (aa) the paragraph designated as the Seventh of section 5136 of the Revised Statutes ( 12 U.S.C. 24 ); or (bb) section 5136A of the Revised Statutes ( 12 U.S.C. 24a ); (II) a Federal credit union, pursuant to the authority provided under the Federal Credit Union Act ( 12 U.S.C. 1751 et seq. ); or (III) a community development financial institution; and (B) includes— (i) the business of insurance; (ii) whether performed directly or indirectly, the authorizing, processing, clearing, settling, billing, transferring for deposit, transmitting, delivering, instructing to be delivered, reconciling, collecting, or otherwise effectuating or facilitating the payment of funds that are made or transferred by any means, including by the use of credit cards, debit cards, other payment cards, or other access devices, accounts, original or substitute checks, or electronic funds transfers; (iii) acting as a money transmitting business that directly or indirectly makes use of a depository institution in connection with effectuating or facilitating a payment for a State-sanctioned marijuana business or service provider in compliance with section 5330 of title 31, United States Code, and any applicable State or Tribal law; and (iv) acting as an armored car service for processing and depositing with a depository institution or a Federal reserve bank with respect to any monetary instruments, as defined in section 1956(c)(5) of title 18, United States Code. (8) Hemp \nThe term hemp has the meaning given the term in section 297A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639o ). (9) Hemp-related legitimate business \nThe term hemp-related legitimate business means a manufacturer, producer, or any person or company that— (A) engages in any activity described in subparagraph (B) in conformity with the Agriculture Improvement Act of 2018 ( Public Law 115–334 ; 132 Stat. 4490), amendments made by that Act, and the regulations issued to implement that Act by the Department of Agriculture, where applicable, and the law of a State, an Indian Tribe, or a political subdivision of a State; and (B) participates in any business or organized activity that involves handling hemp, hemp-derived CBD products, and other hemp-derived cannabinoid products, including cultivating, producing, extracting, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing hemp, hemp-derived CBD products, and other hemp-derived cannabinoid products. (10) Hemp-related service provider \nThe term hemp-related service provider — (A) means a business, organization, or other person that— (i) sells goods or services to a hemp-related legitimate business; or (ii) provides any business services, including the sale or lease of real or any other property, legal or other licensed services, or any other ancillary service, relating to hemp, hemp-derived CBD products, or other hemp-derived cannabinoid products; and (B) does not include a business, organization, or other person that participates in any business or organized activity that involves handling hemp, hemp-derived CBD products, or other hemp-derived cannabinoid products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing hemp, hemp-derived CBD products, and other hemp-derived cannabinoid products. (11) Indian Tribe \nThe term Indian Tribe has the meaning given the term Indian tribe in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 ). (12) Insurer \nThe term insurer has the meaning given the term in section 313(r) of title 31, United States Code. (13) Manufacturer \nThe term manufacturer means a person who manufactures, compounds, converts, processes, prepares, or packages marijuana or marijuana products. (14) Marijuana \nThe term marijuana has the meaning given the term marihuana in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (15) Marijuana product \nThe term marijuana product means any article that contains marijuana, including an article that is a concentrate, an edible, a tincture, a marijuana-infused product, or a topical. (16) Producer \nThe term producer means a person who plants, cultivates, harvests, or in any way facilitates the natural growth of marijuana. (17) Service provider \nThe term service provider — (A) means a business, organization, or other person that— (i) sells goods or services to a State-sanctioned marijuana business; or (ii) provides any business services, including the sale or lease of real or any other property, legal or other licensed services, or any other ancillary service, relating to a State-sanctioned marijuana business; and (B) does not include a business, organization, or other person that participates in any business or organized activity that involves handling marijuana or marijuana products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing marijuana or marijuana products. (18) State \nThe term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (19) State-sanctioned marijuana business \nThe term State-sanctioned marijuana business means a manufacturer, producer, or any person that— (A) engages in any activity described in subparagraph (B) pursuant to a law established by a State, an Indian Tribe, or a political subdivision of a State, as determined by such State, Indian Tribe, or political subdivision; and (B) participates in any business or organized activity that involves handling marijuana or marijuana products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing marijuana or marijuana products.", "id": "id7799A6C6455F40469133C71AD5932265", "header": "Definitions" }, { "text": "3. Safe harbor for depository institutions \n(a) Prohibition \nA Federal banking regulator may not— (1) terminate or limit the deposit insurance or share insurance of a depository institution under the Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. ) or the Federal Credit Union Act ( 12 U.S.C. 1751 et seq. ) or take any other adverse action against a depository institution under the Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. ) or the Federal Credit Union Act ( 12 U.S.C. 1751 et seq. ) solely because the depository institution provides or has provided financial services to a State-sanctioned marijuana business or service provider; (2) prohibit, penalize, or otherwise discourage a depository institution from providing financial services to— (A) a State-sanctioned marijuana business or service provider solely because the business or service provider is a State-sanctioned marijuana business or service provider; or (B) a State, an Indian Tribe, or a political subdivision of a State solely because that entity exercises jurisdiction over State-sanctioned marijuana businesses; (3) recommend, incentivize, or encourage a depository institution not to offer financial services to an account holder, or to downgrade or cancel the financial services offered to an account holder, solely because— (A) the account holder is a State-sanctioned marijuana business or service provider, or is an employee, owner, or operator of a State-sanctioned marijuana business or service provider; (B) the account holder later becomes an employee, owner, or operator of a State-sanctioned marijuana business or service provider; or (C) the depository institution was not aware, after conducting sufficient risk-based customer due diligence in accordance with applicable requirements, that the account holder is an employee, owner, or operator of a State-sanctioned marijuana business or service provider; (4) take any adverse or corrective supervisory action on a loan made to— (A) a State-sanctioned marijuana business or service provider, solely because the business is a State-sanctioned marijuana business or service provider; (B) an employee, owner, or operator of a State-sanctioned marijuana business or service provider, solely because the employee, owner, or operator is employed by, owns, or operates a State-sanctioned marijuana business or service provider, as applicable; or (C) an owner or operator of real estate or equipment that is leased to a State-sanctioned marijuana business or service provider, solely because the owner or operator of the real estate or equipment leased the equipment or real estate to a State-sanctioned marijuana business or service provider, as applicable; or (5) prohibit or penalize a depository institution (or entity performing a financial service for or in association with a depository institution) for, or otherwise discourage a depository institution (or entity performing a financial service for or in association with a depository institution) from, engaging in a financial service for a State-sanctioned marijuana business or service provider solely because the business or service provider is a State-sanctioned marijuana business or service provider. (b) Safe harbor applicable to de novo institutions \nSubsection (a) shall apply to an institution applying for a depository institution charter to the same extent as such subsection applies to a depository institution.", "id": "HFCF5E94E84F946E2A6234A5C77810233", "header": "Safe harbor for depository institutions" }, { "text": "4. Protections for providing services to State-sanctioned marijuana businesses \nFor the purposes of sections 1956 and 1957 of title 18, United States Code, and all other provisions of Federal law, the proceeds from marijuana-related activities of a State-sanctioned marijuana business or service provider that conducts all of its marijuana-related activity in compliance with the marijuana-related law of the State, Indian Tribe, or political subdivision of the State shall not be considered proceeds from an unlawful activity solely because— (1) the transaction involves proceeds from a State-sanctioned marijuana business or service provider; or (2) the transaction involves proceeds from— (A) marijuana-related activities described in section 2(19)(B) conducted by a State-sanctioned marijuana business; or (B) activities described in section 2(17)(A) conducted by a service provider.", "id": "H3A07F8078B3A4D008CCA7C92F082BF6F", "header": "Protections for providing services to State-sanctioned marijuana businesses" }, { "text": "5. Protections under Federal law \n(a) In general \nWith respect to providing a financial service to a State-sanctioned marijuana business (where such State-sanctioned marijuana business operates within a State, an Indian Tribe, or a political subdivision of a State that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of marijuana pursuant to a law or regulation of such State, Indian Tribe, or political subdivision, as applicable) or a service provider (wherever located), a depository institution, an entity performing a financial service for or in association with a depository institution, a community development financial institution, or an insurer that provides a financial service to a State-sanctioned marijuana business or service provider, and the officers, directors, employees, and agents of that depository institution, entity, community development financial institution, or insurer may not be held liable pursuant to any Federal law or regulation— (1) solely for providing such a financial service; or (2) for further investing any income derived from such a financial service. (b) Protections for Federal reserve banks and Federal Home Loan Banks \nWith respect to providing a service to a depository institution that provides a financial service to a State-sanctioned marijuana business (where such State-sanctioned marijuana business operates within a State, an Indian Tribe, or a political subdivision of a State that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of marijuana pursuant to a law or regulation of such State, Indian Tribe, or political subdivision, as applicable) or service provider (wherever located), a Federal reserve bank or Federal Home Loan Bank, and the officers, directors, and employees of the Federal reserve bank or Federal Home Loan Bank, may not be held liable pursuant to any Federal law or regulation— (1) solely for providing such a service; or (2) for further investing any income derived from such a service. (c) Protections for insurers \nWith respect to engaging in the business of insurance within a State, an Indian Tribe, or a political subdivision of a State that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of marijuana pursuant to a law or regulation of such State, Indian Tribe, or political subdivision, as applicable, an insurer that engages in the business of insurance with a State-sanctioned marijuana business or service provider or that otherwise engages with a person in a transaction permissible pursuant to a law (including regulations) of such State, Indian Tribe, or political subdivision related to marijuana, and the officers, directors, and employees of that insurer, may not be held liable pursuant to any Federal law or regulation— (1) solely for engaging in the business of insurance; or (2) for further investing any income derived from the business of insurance. (d) Forfeiture \n(1) Depository institutions and community development financial institutions \nA depository institution or community development financial institution that has a legal interest in the collateral for a loan or another financial service provided to an owner, employee, or operator of a State-sanctioned marijuana business or service provider, or to an owner or operator of real estate or equipment that is leased or sold to a State-sanctioned marijuana business or service provider, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law solely for providing such loan or other financial service. (2) Federal reserve banks and Federal Home Loan Banks \nA Federal reserve bank or Federal Home Loan Bank that has a legal interest in the collateral for a loan or another financial service provided to a depository institution that provides a financial service to a State-sanctioned marijuana business or service provider, or to an owner or operator of real estate or equipment that is leased or sold to a State-sanctioned marijuana business or service provider, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law for providing such loan or other financial service. (3) Federal national mortgage association, federal home loan mortgage corporation, and federal agencies making, insuring, or guaranteeing mortgage loans or securities \nThe Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and any Federal agency that has a legal interest in the collateral for a residential mortgage loan, including individual units of condominiums and cooperatives, provided that the collateral is a property designed principally for the occupancy of 1 to 4 families and underwritten, in whole or in part, based on income from a State-sanctioned marijuana business or service provider, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law for providing, insuring, guaranteeing, purchasing, securitizing, or guaranteeing payments from a security based on such loan. (4) Other parties to mortgage loans \nA nondepository lender that makes a federally backed mortgage loan, as defined in section 9(a), and any person who otherwise has a legal interest in such a loan or in the collateral of the loan, including individual units of condominiums and cooperatives, provided that the collateral is a property designed principally for the occupancy of 1 to 4 families and underwritten, in whole or in part, based on income from a State-sanctioned marijuana business or service provider, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law for providing, purchasing, securitizing, accepting, and making payments related to such federally backed mortgage loan solely because loan payments or underwriting are based on income that is in whole or in part from a State-sanctioned marijuana business or service provider. (5) Definition \nIn this subsection, the term collateral does not include marijuana or a marijuana product.", "id": "H0374A6F6BDE44FDB8A5E3FC05E28D662", "header": "Protections under Federal law" }, { "text": "6. Requirements for filing suspicious activity reports \nSection 5318(g) of title 31, United States Code, is amended— (1) by redesignating paragraph (11) as paragraph (12); and (2) by inserting after paragraph (10) the following (11) Requirements for State-sanctioned marijuana businesses \n(A) In general \nWith respect to a financial institution, or any director, officer, employee, or agent of a financial institution, that reports a suspicious transaction pursuant to this subsection, if the reason for the report relates to a State-sanctioned marijuana business or service provider, the report shall comply with appropriate guidance issued by the Secretary of the Treasury. Not later than the end of the 180-day period beginning on the date of enactment of the Secure And Fair Enforcement Banking Act of 2023 , the Secretary shall amend the February 14, 2014, guidance titled BSA Expectations Regarding Marijuana-Related Businesses (FIN–2014–G001) or issue new guidance to ensure consistency with the purpose and intent of the Secure And Fair Enforcement Banking Act of 2023 , and the amendments made by that Act, and that such guidance ensures that a financial institution, and any director, officer, employee, or agent of a financial institution, continues to report suspicious transactions pursuant to this subsection, as applicable, relating to State-sanctioned marijuana businesses and service providers to preserve the ability of the Financial Crimes Enforcement Network to prevent and combat illicit activity. (B) Definitions \nIn this paragraph: (i) Financial service; service provider; State; State-sanctioned marijuana business \nThe terms financial service , service provider , State , and State-sanctioned marijuana business have the meanings given the terms in section 2 of the SAFE Banking Act of 2023. (ii) Indian country \nThe term Indian country has the meaning given the term in section 1151 of title 18. (iii) Indian Tribe \nThe term Indian Tribe has the meaning given the term Indian tribe in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 ). (iv) Marijuana \nThe term marijuana has the meaning given the term marihuana in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )..", "id": "H28B332F734B7491D949B3C5D0ACD49FA", "header": "Requirements for filing suspicious activity reports" }, { "text": "7. Guidance and examination procedures \n(a) Uniform guidance and examination procedures \nNot later than 180 days after the date of enactment of this Act, the Federal Financial Institutions Examination Council, in consultation with the Department of the Treasury, shall develop uniform guidance and examination procedures for depository institutions that provide financial services to State-sanctioned marijuana businesses and service providers. (b) Legacy deposits \nThe guidance and examination procedures described in subsection (a) shall permit a depository institution to accept a deposit of currency from a State-sanctioned marijuana business if— (1) the business received the currency during the 90-day period ending on the date on which the business commenced its relationship with the depository institution; (2) the business provided the depository institution with records sufficient to demonstrate the source of the currency being deposited by the business; (3) the amount of the currency is reasonable in light of the expected revenue of the business, as determined by the depository institution consistent with the risk-based procedures for ensuring compliance with the section 5318(h) of title 31, United States Code, and any applicable regulations implementing that section; and (4) the depository institution complies with any other applicable reporting requirements pursuant to subchapter II of chapter 53 of title 31, United States Code, and any applicable regulations implementing that subchapter.", "id": "H6222172F92F440CEA2D1D4CA2E876F75", "header": "Guidance and examination procedures" }, { "text": "8. Banking services for hemp-related legitimate businesses and hemp-related service providers \n(a) Findings \nCongress finds that— (1) section 12619 of the Agriculture Improvement Act of 2018 ( Public Law 115–334 ; 132 Stat. 5018) legalized hemp by removing it from the definition of marihuana under section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); (2) despite the legalization of hemp, some hemp businesses (including producers, manufacturers, and retailers) continue to have difficulty gaining access to banking products and services; and (3) businesses involved in the sale of hemp-derived CBD products are particularly affected, due to confusion about the legal status of such products. (b) Definition \nIn this section, the term financial institution — (1) has the meaning given the term in section 5312(a) of title 31, United States Code; and (2) includes a bank holding company, as defined in section 2(a) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1841(a) ). (c) Federal banking regulators’ hemp banking guidance \nNot later than the end of the 90-day period beginning on the date of enactment of this Act, each Federal banking regulator shall update guidance, as in effect on the date of enactment of this Act, regarding providing financial services to hemp-related legitimate businesses and hemp-related service providers to address— (1) compliance with obligations of financial institutions, as of the date of enactment of this Act, under Federal laws (including regulations) determined relevant by the Federal banking regulator and the Department of the Treasury, including subchapter II of chapter 53 of title 31, United States Code, and its implementing regulation in conformity with this Act and the regulations relating to domestic hemp production under part 990 of title 7, Code of Federal Regulations; and (2) best practices for financial institutions to follow when providing financial services, including processing payments, to hemp-related legitimate businesses and hemp-related service providers.", "id": "H64CFDA839B864B57B4AB3721527A9E9D", "header": "Banking services for hemp-related legitimate businesses and hemp-related service providers" }, { "text": "9. Treatment of income derived from a State-sanctioned marijuana business for qualification for a federally backed single-family mortgage loan \n(a) Definition \nIn this section, the term federally backed mortgage loan means any loan secured by a first or subordinate lien on residential real property, including individual units of condominiums and cooperatives, designed principally for the occupancy of 1 to 4 families that is— (1) insured by the Federal Housing Administration under title I or title II of the National Housing Act ( 12 U.S.C. 1702 et seq. , 1707 et seq.); (2) insured under section 255 of the National Housing Act ( 12 U.S.C. 1715z–20 ); (3) guaranteed under section 184 or 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a, 1715z–13b); (4) guaranteed, insured, or made by the Department of Veterans Affairs; (5) guaranteed, insured, or made by the Department of Agriculture; or (6) purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association. (b) Treatment of income \n(1) In general \nIncome derived from a State-sanctioned marijuana business that operates within a State, an Indian Tribe, or a political subdivision of a State that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of marijuana pursuant to a law or regulation of the State, Indian Tribe, or political subdivision, as applicable, or a service provider (wherever located), shall be considered in the same manner as any other legal income for purposes of determining eligibility for a federally backed mortgage loan for a 1- to 4-unit property that is the principal residence of the mortgagor. (2) Liability \nThe mortgagee or servicer of a federally backed mortgage loan described in paragraph (1), or any Federal agency, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation, may not be held liable pursuant to any Federal law or regulation solely for— (A) providing, insuring, guaranteeing, purchasing, or securitizing a mortgage to an otherwise qualified borrower on the basis of the income described in paragraph (1); or (B) accepting the income described in paragraph (1) as payment on the federally backed mortgage loan. (c) Implementation \nNot later than 180 days after the date of enactment of this Act— (1) the Federal Housing Administration shall implement subsection (b)— (A) by notice or mortgagee letter for loans insured under title I, title II, or section 255 of the National Housing Act ( 12 U.S.C. 1702 et seq. , 1707 et seq., 1715z–20); and (B) by lender letter for loans guaranteed under section 184 or 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a, 1715z–13b); (2) the Department of Veterans Affairs shall implement subsection (b) by circular or handbook for loans guaranteed, insured, or made by the Department; (3) the Department of Agriculture shall implement subsection (b) by bulletin for loans guaranteed or made by the Department; (4) the Federal Home Loan Mortgage Corporation shall implement subsection (b) by updating its Single-Family Seller/Servicer Guide for loans purchased or securitized by the Corporation; and (5) the Federal National Mortgage Association shall implement subsection (b) by updating its Single Family Selling Guide for loans purchased or securitized by the Association.", "id": "idf3c3b02e457d4cac8cc862b24fff33be", "header": "Treatment of income derived from a State-sanctioned marijuana business for qualification for a federally backed single-family mortgage loan" }, { "text": "10. Requirements for deposit account termination requests and orders \n(a) Conditions for termination \n(1) In general \nAn appropriate Federal banking agency may not formally or informally request or order a depository institution to terminate a specific customer account or group of customer accounts (including, but not limited to, any account of any customer that is a State-sanctioned marijuana business or service provider) or to otherwise restrict or discourage a depository institution from entering into or maintaining a banking relationship with a specific customer or group of customers (including, but not limited to, with any customer that is a State-sanctioned marijuana business or service provider), unless— (A) the agency has made a written determination that the depository institution is— (i) engaging in an unsafe or unsound practice; or (ii) violating a rule, law, regulation, or order with respect to the relationship of the depository institution with the customer (or, in the case of a group of customers, specific customers within the group); and (B) such reason is not based primarily on reputational risk. (2) Treatment of national security threats \nIf an appropriate Federal banking agency believes a specific customer or group of customers is, or is acting as a conduit for, an entity that— (A) poses a threat to national security; (B) is involved in terrorist financing; (C) is an agency of the Government of Iran, North Korea, Syria, or any country listed from time to time on the State Sponsors of Terrorism list; (D) is located in, or is subject to the jurisdiction of, any country specified in subparagraph (C); or (E) does business with any entity described in subparagraph (C) or (D), unless the appropriate Federal banking agency determines that the customer or group of customers has used due diligence to avoid doing business with any entity described in subparagraph (C) or (D), such belief shall satisfy the requirement under paragraph (1). (b) Notice requirement \n(1) In general \nIf an appropriate Federal banking agency formally or informally requests or orders a depository institution to terminate a specific customer account or a group of customer accounts, the agency shall— (A) provide such request or order to the institution in writing; and (B) accompany such request or order with a written justification for why such termination is needed, including any specific laws or regulations the agency believes are being violated by the customer or group of customers, if any. (2) Justification requirement \nA justification described under paragraph (1)(B) may not be based solely on the reputational risk to the depository institution. (c) Customer notice \n(1) Notice required \nExcept as provided under paragraph (2) or as otherwise prohibited from being disclosed by law, if an appropriate Federal banking agency orders a depository institution to terminate a specific customer account or a group of customer accounts, the depository institution shall inform the specific customer or group of customers of the justification for the customer’s account termination described under subsection (b). (2) Notice prohibited \n(A) Notice prohibited in cases of national security \nIf an appropriate Federal banking agency requests or orders a depository institution to terminate a specific customer account or a group of customer accounts based on a belief that the customer or customers pose a threat to national security, or are otherwise described under subsection (a)(2), neither the depository institution nor the appropriate Federal banking agency may inform the customer or customers of the justification for the customer’s account termination. (B) Notice prohibited in other cases \nIf an appropriate Federal banking agency determines that the notice required under paragraph (1) may interfere with an authorized criminal investigation, neither the depository institution nor the appropriate Federal banking agency may inform the specific customer or group of customers of the justification for the customer’s account termination. (d) Reporting requirement \nEach appropriate Federal banking agency shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives an annual report stating— (1) the aggregate number of specific customer accounts that the agency requested that a depository institution terminate, or ordered a depository institution to terminate, during the previous year; and (2) the legal authority on which the agency relied in making each request and order under paragraph (1) and the frequency on which the agency relied on each such authority. (e) Definitions \nIn this section: (1) Appropriate federal banking agency \nThe term appropriate Federal banking agency means— (A) the appropriate Federal banking agency, as defined under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); and (B) the National Credit Union Administration, in the case of an insured credit union. (2) Depository institution \nThe term depository institution means— (A) a depository institution, as defined under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); and (B) an insured credit union.", "id": "id6d1f3508fccd4d8da9d8457eb9df549b", "header": "Requirements for deposit account termination requests and orders" }, { "text": "11. Annual diversity and inclusion report \nThe Federal banking regulators shall submit to Congress an annual report containing— (1) information and data on the availability of access to financial services for minority-owned, veteran-owned, women-owned, and small State-sanctioned marijuana businesses; and (2) any regulatory or legislative recommendations for expanding access to financial services for minority-owned, veteran-owned, women-owned, and small State-sanctioned marijuana businesses and hemp-related legitimate businesses.", "id": "id86dcdf66ae8449c7b31d4baac3c4cb06", "header": "Annual diversity and inclusion report" }, { "text": "12. GAO study on diversity and inclusion \n(a) Study \nThe Comptroller General of the United States shall conduct a study on the barriers to marketplace entry, including in the licensing process, and the access to financial services for potential and existing minority-owned, veteran-owned, women-owned, and small State-sanctioned marijuana businesses and hemp-related legitimate businesses. (b) Report \nNot later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report containing— (1) all findings and determinations made in conducting the study required under subsection (a); and (2) any regulatory or legislative recommendations for removing barriers to marketplace entry and success, including in the licensing process, and expanding access to financial services for potential and existing minority-owned, veteran-owned, women-owned, and small State-sanctioned marijuana businesses and hemp-related legitimate businesses.", "id": "HF631D5D616A148C6B5A1AA47DD83D08D", "header": "GAO study on diversity and inclusion" }, { "text": "13. GAO study on effectiveness of certain reports on finding certain persons \n(a) In general \nNot later than 2 years after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Attorney General, shall conduct a study on— (1) the effectiveness of reports on suspicious transactions filed pursuant to section 5318(g) of title 31, United States Code, at finding individuals or organizations suspected or known to be engaged with transnational criminal organizations; and (2) whether any engagement described in paragraph (1) exists in a State, an Indian Tribe, or a political subdivision of a State that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of marijuana. (b) Requirements \nThe study required under subsection (a) shall examine reports on suspicious transactions— (1) relating to marijuana-related businesses, as described in the guidance entitled BSA Expectations Regarding Marijuana-Related Businesses , published by the Financial Crimes Enforcement Network of the Department of the Treasury on February 14, 2014, during the period beginning on January 1, 2014, and ending on the date of enactment of this Act; and (2) relating to State-sanctioned marijuana businesses during the period beginning on January 1, 2014, and ending on the date that is 1 year after the date of enactment of this Act.", "id": "HAE01213EF9F6444DBB9B6255AE0FB768", "header": "GAO study on effectiveness of certain reports on finding certain persons" }, { "text": "14. Applicability to hemp-related legitimate businesses and hemp-related service providers \nThe provisions of this Act (other than sections 6 and 13) shall apply with respect to hemp-related legitimate businesses and hemp-related service providers in the same manner as such provisions apply with respect to State-sanctioned marijuana businesses and service providers.", "id": "H119B10E229DB4D45A3C6A9154A6F1C34", "header": "Applicability to hemp-related legitimate businesses and hemp-related service providers" }, { "text": "15. Rules of construction \n(a) No requirement To provide financial services \nNothing in this Act shall require a depository institution, an entity performing a financial service for or in association with a depository institution, a community development financial institution, or an insurer to provide financial services to a State-sanctioned marijuana business, service provider, or any other business. (b) General examination, supervisory, and enforcement authority \nNothing in this Act may be construed in any way to limit or otherwise restrict the general examination, supervisory, and enforcement authority of the Federal banking regulators (including the Department of the Treasury), provided that any supervisory or enforcement action is not being taken solely because the provision of financial services to a State-sanctioned marijuana business or service provider. (c) Business of insurance \nNothing in this Act shall interfere with the regulation of the business of insurance in accordance with the Act entitled An Act to express the intent of the Congress with reference to the regulation of the business of insurance , approved March 9, 1945 (commonly known as the McCarran-Ferguson Act ; 15 U.S.C. 1011 et seq. ), and the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301 et seq. ). (d) Law enforcement authority \nNothing in this Act shall restrict or limit the ability of Federal law enforcement agencies to investigate and prosecute money-laundering crimes involving proceeds of illegal activity other than marijuana-related activities conducted in compliance with the law of the State, Indian Tribe, or political subdivision of a State by a State-sanctioned marijuana business or service provider.", "id": "H73B2020FB00E4276A6534207D45265AE", "header": "Rules of construction" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Vote at Home Act of 2023.", "id": "H3020936AD0744C85997E13A31B504FA7", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) An inequity of voting rights exists in the United States because voters in some States have the universal right to vote by mail while voters in other States do not. (2) Many voters often have work, family, or other commitments that make getting to polls and waiting in line on the date of an election difficult or impossible. Many citizens with disabilities are physically unable to vote due to long lines, inadequate parking, no curb cuts, steep ramps, and large crowds. In 2012, 30 percent of voters with disabilities had difficulty voting, and in 2016, nearly two-thirds of the 137 polling places inspected on election day had at least one impediment to people with disabilities. However, with expanded access to mail-in ballots, people with disabilities made large gains in 2020 with a historic voter turnout surge. (3) In 2020, despite a global pandemic, the general election saw record high turnout as a result of increased vote by mail options, which allowed voters to cast a ballot and stay safe at the same time. (4) Thirty-four States and the District of Columbia allow universal absentee voting (also known as no-excuse absentee voting), which permits any voter to request a mail-in ballot without providing a reason for the request. No State which has implemented no-excuse absentee voting has repealed it. (5) Five States currently hold elections entirely by mail. Eight States proactively send all registered voters a ballot to be submitted by mail or dropped off at a designated location. At least 22 States currently allow some elections to be conducted by mail, especially in large and rural jurisdictions where voting by mail is especially convenient. Polling stations in rural jurisdictions tend to have higher costs per voter, smaller staffs, and limited resources. Transportation is often a crucial barrier for rural voters. (6) In 2020, in order to provide greater accessibility and to protect the public health, 30 States adopted or changed their laws for the general election to allow voters to cast their ballots from home. These changes included removing strict excuse requirements, allowing COVID–19 concerns to be a valid excuse to vote absentee, allowing ballot drop boxes, offering prepaid postage on election mail, and proactively sending all active registered voters applications to request an absentee ballot—with some States even skipping that step and sending the actual ballots. (7) Voting by mail gives voters more time to consider their choices, which is especially important as many ballots contain greater numbers of questions about complex issues than in the past due to the expanded use of the initiative and referendum process in many States. (8) Voting by mail is cost effective. After the State of Oregon adopted vote by mail for all voters in 1996, the cost to administer an election in the State dropped by nearly 30 percent over the next few elections, from $3.07 per voter to $2.21 per voter. After Colorado implemented all-mail balloting in 2013, voting administration costs decreased by an average of 40 percent. The cost of conducting vote-by-mail elections is generally one-third to one-half less than conducting polling place elections. Voting by mail also saves a substantial amount by getting rid of the temporary labor costs of hiring poll workers. In addition to that cost, many jurisdictions have been facing difficulty in obtaining sufficient numbers of poll workers. (9) Allowing all voters the option to vote by mail can reduce waiting times for those voters who choose to vote at the polls. In 2016, voters in Arizona reported waiting in line from 1 to 5 hours to vote; in New York, voters reported that stations ran out of ballots and did not have staff during all of the hours scheduled for voting. (10) Voting by mail is preferable to many voters as an alternative to going to the polls. In 2020, 43.2 percent of ballots in the United States were cast by mail, up from 10 percent in 2000. Voting by mail has become increasingly popular with voters who want to be certain that they are able to vote no matter what comes up on election day, as it reduces the physical obstacles and eases the time constraints connected with the act of voting. (11) Despite attempts to claim that voting by mail is susceptible to fraud, it is not. Strategies such as tracking systems for ballots and postal service cooperation in preventing ballots from being delivered to names not recognized as receiving mail at an address nearly eliminate the potential for fraud in vote by mail elections. Evidence of undue influence or voter coercion after vote-by-mail implementation in Oregon has been nonexistent to minimal. (12) Many of the reasons which voters in many States are required to provide in order to vote by mail require the revelation of personal information about health, travel plans, or religious activities, which violate voters’ privacy while doing nothing to prevent voter fraud. (13) State laws which require voters to obtain a notary signature to vote by mail only add cost and inconvenience to voters without increasing security. (14) Many voters choose to cast ballots early when they have the option (over 50 percent in Arizona, Arkansas, California, Colorado, Florida, Georgia, Hawaii, Montana, Nevada, New Mexico, North Carolina, Oregon, Tennessee, Texas, Utah, and Washington). Approximately 70 percent of voters in the 2020 election cast their ballot before election day. In Oregon, 7 years after vote-by-mail election implementation, over 80 percent of voters favored the vote-by-mail system. (15) Vote-by-mail typically increases turnout in all elections, but can be particularly effective in increasing voter participation in special elections and primary elections. Oregon, Washington, and Colorado, 3 of the 5 States with entirely vote by mail elections, continue to have consistently high voter turnout rates. In 2020, the presidential election turnout was about 7 percentage points higher than in 2016, and turnout rates increased in every State compared with 2016. In the 10 States where it rose the most, 7 conducted their vote entirely or mostly by mail, with 6 of those States having recently adopted all-mail voting, either permanently (Utah and Hawaii) or for the 2020 election only. (16) A crucial component of a modern voting system is making it easy, affordable, and accessible to register to vote. Twenty-two States and the District of Columbia have enacted automatic voter registration policies, with Oregon and California becoming the first to automatically register their citizens to vote when they apply for a driver’s license. Automatic, permanent voter registration has the potential to increase participation, protect election integrity, and reduce registration costs.", "id": "id8F25B3CDCBCB4C3AA21E72F49156C758", "header": "Findings" }, { "text": "3. Promoting ability of voters to vote by mail in Federal elections \n(a) Voting by mail in Federal elections \n(1) In general \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. Promoting ability of voters to vote by mail \n(a) 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 mail, except to the extent that the State imposes a deadline for returning the ballot to the appropriate State or local election official. (b) Provision of ballot materials \nNot later than 2 weeks before the date of any election for Federal office, each State shall mail ballots to individuals who are registered to vote in such election. (c) Accessibility for individuals with disabilities \nAll ballots provided under this section shall be accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including for privacy and independence) as for other voters. (d) 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. (e) Effective Date \nA State shall be required to comply with the requirements of subsection (a) with respect to elections for Federal office held in years beginning with 2024.. (2) Conforming Amendment Relating to Enforcement \nSection 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking and 303 and inserting 303, and 303A. (3) Clerical Amendment \nThe table of contents for such Act is amended by inserting after the item relating to section 303 the following new item: Sec. 303A. Promoting ability of voters to vote by mail.. (b) Free postage for voting by mail \n(1) In general \nChapter 34 of title 39, United States Code, is amended by adding at the end the following: 3407. Ballots provided for voting in Federal elections \nThe following shall be carried expeditiously and free of postage: (1) Blank ballots mailed pursuant to section 303A(b) of the Help America Vote Act of 2002 (individually or in bulk). (2) Any ballot described in paragraph (1) that is completed by a voter and mailed by the voter to an election official for counting.. (2) Technical and conforming amendments \n(A) Table of sections \nThe table of sections for chapter 34 of title 39, United States Code, is amended by adding at the end the following: 3407. Ballots provided for voting in Federal elections.. (B) Authorization of appropriations \nSection 2401(c) of title 39, United States Code, is amended by striking 3403 through 3406 and inserting 3403 through 3407.", "id": "H7FC3793FD1FD4A2DA67B8385EB5EDA02", "header": "Promoting ability of voters to vote by mail in Federal elections" }, { "text": "303A. Promoting ability of voters to vote by mail \n(a) 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 mail, except to the extent that the State imposes a deadline for returning the ballot to the appropriate State or local election official. (b) Provision of ballot materials \nNot later than 2 weeks before the date of any election for Federal office, each State shall mail ballots to individuals who are registered to vote in such election. (c) Accessibility for individuals with disabilities \nAll ballots provided under this section shall be accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including for privacy and independence) as for other voters. (d) 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. (e) Effective Date \nA State shall be required to comply with the requirements of subsection (a) with respect to elections for Federal office held in years beginning with 2024.", "id": "H789D6D6AA06E461B941C050826312514", "header": "Promoting ability of voters to vote by mail" }, { "text": "3407. Ballots provided for voting in Federal elections \nThe following shall be carried expeditiously and free of postage: (1) Blank ballots mailed pursuant to section 303A(b) of the Help America Vote Act of 2002 (individually or in bulk). (2) Any ballot described in paragraph (1) that is completed by a voter and mailed by the voter to an election official for counting.", "id": "id18D5CCB0F8F64A018DCA74F6FD690950", "header": "Ballots provided for voting in Federal elections" }, { "text": "4. Automatic voter registration through State motor vehicle authorities \n(a) Automatic Voter Registration \nSection 5 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20504 ) is amended to read as follows: 5. Voter registration through motor vehicle authority \n(a) Simultaneous application for voter registration and application for motor vehicle driver’s license \n(1) Transmission of information to election officials \nEach State’s motor vehicle authority, upon receiving any of the identifying information described in paragraph (2) with respect to any applicable individual, shall securely transmit the identifying information to the appropriate State election official. (2) Identifying information described \nThe identifying information described in this paragraph with respect to any individual is as follows: (A) The individual’s legal name. (B) The individual’s age. (C) The individual’s residence. (D) The individual’s citizenship status. (E) The individual’s electronic signature. (b) Duties of officials receiving information \n(1) In general \nUpon receiving the identifying information with respect to an applicable individual under subsection (a), the appropriate State election official shall determine— (A) whether such individual is eligible to vote in an election for Federal office; and (B) whether such individual is currently registered to vote in elections for Federal office at the address provided in such identifying information. (2) Notification to Individuals \n(A) Eligible unregistered individuals \nIn the case of an applicable individual who is eligible to vote in an election for Federal office and who is not currently registered to vote, the appropriate State election official shall issue a notification to the individual containing— (i) a statement that, unless the individual notifies the election official prior to the expiration of the 21-calendar-day period which begins on the date the official issued the notification that the individual declines to be registered to vote in elections for Federal office held in the State, the individual's records and signature will constitute a completed registration for the individual; and (ii) a description of the process by which the individual may decline to be registered to vote in elections for Federal office in the State. (B) Eligible individuals registered at a different address \nIn the case of an applicable individual who is eligible to vote in an election for Federal office and who is registered to vote in such election at a different address than the address provided in the identifying information, the appropriate State election official shall issue a notification to the individual containing— (i) a statement that, unless the individual notifies the election official prior to the expiration of the 21-calendar-day period which begins on the date the official issued the notification that the address provided in the identifying information should not be used for voter registration purposes, the address provided in the identifying information shall be used as the individual's address for voter registration purposes; and (ii) a description of the process by which the individual may decline a change of address for voter registration purposes. (c) Automatic Registration of Eligible Individuals; automatic change of address \n(1) Registration \nUpon the expiration of the 21-calendar-day period which begins on the date the appropriate State election official issues a notification to an individual under subsection (b)(2)(A), the official shall ensure that the individual is registered to vote in elections for Federal office held in the State unless— (A) the official later determines that the individual does not meet the eligibility requirements for registering to vote in such elections; or (B) prior to the expiration of such 21-calendar-day period, the individual notifies the official that the individual declines to be registered to vote in such elections. (2) Change of address \nUpon the expiration of the 21-calendar-day period which begins on the date the appropriate State election official issues a notification to an individual under subsection (b)(2)(B), the official shall ensure that the individual is registered to vote in elections for Federal office at the address provided in the identifying information unless— (A) the official later determines that the individual does not meet the eligibility requirements for registering to vote in such elections; or (B) prior to the expiration of such 21-calendar-day period, the individual notifies the official that the individual declines a change of address for voter registration purposes. (d) Applicable individual \nFor purposes of this section, the term applicable individual means any individual who seeks assistance from, receives benefits from, or receives service or assistance from a State motor vehicle authority that issues motor vehicle driver's licenses.. (b) Conforming Amendment Relating to Timing of Registration Prior to Elections \nSection 8(a)(1)(A) of such Act ( 52 U.S.C. 20507(a)(1)(A) ) is amended to read as follows: (A) in the case of registration through a motor vehicle authority under section 5, if the identifying information with respect to the individual is transmitted by the authority to the appropriate State election official under section 5(a)(1) not later than the lesser of 30 days, or the period provided by State law, before the date of the election;. (c) Other Conforming Amendment \nSection 4(a)(1) of such Act ( 52 U.S.C. 20503(a)(1) ) is amended to read as follows: (1) through the State motor vehicle authority pursuant to section 5;. (d) Effective date \nThe amendments made by this section shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this Act.", "id": "idD0168D44D4FB499EA9DFA2899E2208B1", "header": "Automatic voter registration through State motor vehicle authorities" }, { "text": "5. Voter registration through motor vehicle authority \n(a) Simultaneous application for voter registration and application for motor vehicle driver’s license \n(1) Transmission of information to election officials \nEach State’s motor vehicle authority, upon receiving any of the identifying information described in paragraph (2) with respect to any applicable individual, shall securely transmit the identifying information to the appropriate State election official. (2) Identifying information described \nThe identifying information described in this paragraph with respect to any individual is as follows: (A) The individual’s legal name. (B) The individual’s age. (C) The individual’s residence. (D) The individual’s citizenship status. (E) The individual’s electronic signature. (b) Duties of officials receiving information \n(1) In general \nUpon receiving the identifying information with respect to an applicable individual under subsection (a), the appropriate State election official shall determine— (A) whether such individual is eligible to vote in an election for Federal office; and (B) whether such individual is currently registered to vote in elections for Federal office at the address provided in such identifying information. (2) Notification to Individuals \n(A) Eligible unregistered individuals \nIn the case of an applicable individual who is eligible to vote in an election for Federal office and who is not currently registered to vote, the appropriate State election official shall issue a notification to the individual containing— (i) a statement that, unless the individual notifies the election official prior to the expiration of the 21-calendar-day period which begins on the date the official issued the notification that the individual declines to be registered to vote in elections for Federal office held in the State, the individual's records and signature will constitute a completed registration for the individual; and (ii) a description of the process by which the individual may decline to be registered to vote in elections for Federal office in the State. (B) Eligible individuals registered at a different address \nIn the case of an applicable individual who is eligible to vote in an election for Federal office and who is registered to vote in such election at a different address than the address provided in the identifying information, the appropriate State election official shall issue a notification to the individual containing— (i) a statement that, unless the individual notifies the election official prior to the expiration of the 21-calendar-day period which begins on the date the official issued the notification that the address provided in the identifying information should not be used for voter registration purposes, the address provided in the identifying information shall be used as the individual's address for voter registration purposes; and (ii) a description of the process by which the individual may decline a change of address for voter registration purposes. (c) Automatic Registration of Eligible Individuals; automatic change of address \n(1) Registration \nUpon the expiration of the 21-calendar-day period which begins on the date the appropriate State election official issues a notification to an individual under subsection (b)(2)(A), the official shall ensure that the individual is registered to vote in elections for Federal office held in the State unless— (A) the official later determines that the individual does not meet the eligibility requirements for registering to vote in such elections; or (B) prior to the expiration of such 21-calendar-day period, the individual notifies the official that the individual declines to be registered to vote in such elections. (2) Change of address \nUpon the expiration of the 21-calendar-day period which begins on the date the appropriate State election official issues a notification to an individual under subsection (b)(2)(B), the official shall ensure that the individual is registered to vote in elections for Federal office at the address provided in the identifying information unless— (A) the official later determines that the individual does not meet the eligibility requirements for registering to vote in such elections; or (B) prior to the expiration of such 21-calendar-day period, the individual notifies the official that the individual declines a change of address for voter registration purposes. (d) Applicable individual \nFor purposes of this section, the term applicable individual means any individual who seeks assistance from, receives benefits from, or receives service or assistance from a State motor vehicle authority that issues motor vehicle driver's licenses.", "id": "H724C6E72400E440399E5AB7DC90202E9", "header": "Voter registration through motor vehicle authority" } ]

[ { "text": "1. Short title \nThis Act may be cited as the HUD Health and Safety Accountability Act of 2023.", "id": "S1", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Department \nThe term Department means the Department of Housing and Urban Development. (2) Secretary \nThe term Secretary means the Secretary of Housing and Urban Development.", "id": "idD43712FD08B14A4298DE1232EBAFD501", "header": "Definitions" }, { "text": "3. Reforms to management and occupancy reviews \nNot later than 180 days after the date of enactment of this Act, the Secretary shall make the following reforms to management and occupancy reviews conducted by the Office of Multifamily Housing Programs: (1) Form 9843 shall be restructured to include the following as graded factors: (A) Responsiveness of local code violations. (B) Remediation of health and sanitation and structural integrity issues outlined in uniform physical condition standards inspections. (C) Remediation of deficiencies outlined in any demand for corrective actions. (D) Restoration of the resident satisfaction section and inclusion of feedback from tenants to contribute to the grading. (2) Rebalance existing grading methodology to prioritize— (A) health, safety, and sanitation conditions; (B) general physical condition is compliant with contractual standards; and (C) remediation of tenant concerns regarding unit conditions, particularly health, safety, and sanitation. (3) The Performance Based Contract Administrator may formally recommend abatement or cure period for properties and resident units that do not meet contractual or Federal, State, or local standards. (4) Owner-reported notices of local code violations, security and incident reports, and uniform physical condition standards inspection reports from the Department shall be included in the review for the category for overall assessment and score results. (5) During the review, Performance Based Contract Administrators may assess conditions of both occupied (with resident consent) and unoccupied units. (6) If a property that has not received a uniform physical condition standards inspection within 1 year receives an unsatisfactory rating on a review, a uniform physical condition standards inspection shall be automatically required within 120 days. (7) Allows the Secretary to allocate revenue from civil money penalties on owners as a result of housing assistance payment contract violations to fund the reviews and uniform physical condition standards inspections.", "id": "id16BC2C7DBCC94C669C1A40E052F48703", "header": "Reforms to management and occupancy reviews" }, { "text": "4. Reforms to local code enforcement \nNot later than 180 days after the date of enactment of this Act, the Secretary shall issue guidance to reform local code enforcement by the Department, including by requiring owners, or designated property managers, of properties receiving project-based rental assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) to— (1) report to the appropriate Performance Based Contract Administrator and regional office of the Department within 14 days of receiving official notice— (A) local code enforcement findings of deficient conditions at properties both generally and at resident units, including— (i) a copy of the official notice; (ii) a summary of the deficiency findings; and (iii) a priority summary of health and safety conditions cited and compliance requirements; and (2) report to the local code enforcement entity that the owner or designated property manager, as applicable, has submitted the information under paragraph (1).", "id": "id694f0c515aba4d8c8f1309489cbb57b2", "header": "Reforms to local code enforcement" }, { "text": "5. Reforms to HUD oversight \nNot later than 180 days after the date of enactment of this Act, the Secretary shall issue guidance to— (1) reform the scoring methodology for uniform physical condition standards inspections to prioritize health and safety conditions, including interior unit conditions; (2) require the Secretary to verify in person that owners have taken action to address health and safety deficiencies outlined in a demand for corrective action; (3) requires property owners to report all deficiencies listed in a demand for corrective action to the applicable Performance Based Contract Administrator; and (4) allow for the Department to abate individual units assisted under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) from contractual financial payments for exigent health and safety reasons, provided that tenants of such units shall not be required to pay contributions toward rent for during the abatement periods.", "id": "id3e89730a61fa4bf78f70e16142434f2b", "header": "Reforms to HUD oversight" }, { "text": "6. Reforms to tenant surveys \nNot later than 180 days after the date of enactment of this Act, the Secretary shall develop a process by which a Performance Based Contract Administrator shall issue tenant surveys, as follows: (1) For properties receiving a uniform physical condition standards inspection score of not less than 60/100 and not more than 80/100, tenant surveys shall be made available to a sampling of not less than 20 percent of residents of each structure under a housing assistance payments contract, and will be required on the next inspection, and ongoing for each inspection until the property receives a score that is more than 80/100. (2) For properties receiving a uniform physical condition standards inspection score of not more than 59/100, tenant surveys shall be made available for 100 percent of tenants of each structure covered under a housing assistance payments 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) The tenant surveys shall be reviewed by the Performance Based Contract Administrator and included as graded factors in uniform physical condition standards inspections, with priority provided for health and safety deficiencies.", "id": "idF628E60C61214DA6B2F80F79FC1045D6", "header": "Reforms to tenant surveys" }, { "text": "7. Contact information \nEach owner of a property receiving assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) shall, on an annual basis, provide to tenants contact information for the applicable— (1) regional office of the Department; (2) local field office of the Department; (3) public housing agency, as defined in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ); and (4) Performance Based Contract Administrator.", "id": "idAF3257978BE84FD3A82AC40A58E3FAE4", "header": "Contact information" }, { "text": "8. Report \nNot later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that— (1) examines the capital reserves of each structure under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) with a uniform physical condition standards inspection score of 59/100 or below, including the use of funds derived from the housing assistance payment contract for purposes unrelated to the maintenance and capitalization of the structure, and the remediation of health and safety issues outlined in uniform physical condition standards inspections, demands for corrective actions, and notices of default; (2) includes a list of each structure under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) that has received a demand for corrective action from the Department but has not complied with compliance or remediation requirements; (3) a list of each structure under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) that has not received a uniform physical condition standards inspection according to the applicable timeline requirements under section 200.857(b) of title 24, Code of Federal Regulations (or any successor regulation) during the 5-year period preceding the date of the report, and a detailed explanation for why each such structure was not inspected in according to the applicable timelines; (4) a detailed list of all crimes of violence (as defined in section 16 of title 18, United States Code) that have taken place at each structure under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) during the 5-year period preceding the date of the report, and recommendations for improving safety and precautionary security efforts to keep tenants safe from crimes of violence; and (5) a detailed list of programmatic recommendations regarding assistance provided under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), including— (A) improving health, sanitation, and safety conditions; (B) physical rehabilitation of properties for long-term sustainability; and (C) improving enforcement mechanisms on both property owners and contracted managers to remediate deficiencies.", "id": "idA2B28A71B26942DFB493947F6BF5EB54", "header": "Report" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Affordable Prescriptions for Patients Act of 2023.", "id": "idaa36fc20-0b74-46f8-a3f4-e646c465e224", "header": "Short title" }, { "text": "2. Product hopping \n(a) In general \nThe Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) is amended by inserting after section 26 ( 15 U.S.C. 57c–2 ) the following: 27. Product hopping \n(a) Definitions \nIn this section: (1) Abbreviated new drug application \nThe term abbreviated new drug application means any application under subsection (j) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or an application under subsection (b)(2) of such section 505 that seeks a therapeutic equivalence rating to the reference product. (2) Biosimilar biological product \nThe term biosimilar biological product means a biological product licensed under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ). (3) Biosimilar biological product license application \nThe term biosimilar biological product license application means an application submitted under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ). (4) Follow-on product \nThe term follow-on product — (A) means a drug approved through an application or supplement to an application submitted under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ) or a biological product licensed through an application or supplement to an application submitted under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ) for a change or modification to, or reformulation of, the same manufacturer’s previously approved drug or biological product that has an indication that is identical or substantively similar to an indication of the same manufacturer’s previously approved drug or biological product; and (B) excludes such an application or supplement to an application for a change, modification, or reformulation of a drug or biological product that is requested by the Secretary or necessary to comply with law, including sections 505A and 505B of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355a , 355c). (5) Generic drug \nThe term generic drug means any drug approved under an application submitted under subsection (j) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or an application under subsection (b)(2) of such section 505 that seeks a therapeutic equivalence rating to the reference product. (6) Listed drug \nThe term listed drug means a drug listed under section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(7) ). (7) Manufacturer \nThe term manufacturer means the holder, licensee, or assignee of— (A) an approved application for a drug under section 505(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c) ); or (B) a biological product license under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ). (8) Reference product \nThe term reference product has the meaning given the term in section 351(i) of the Public Health Service Act ( 42 U.S.C. 262(i) ). (9) Ultimate parent entity \nThe term ultimate parent entity has the meaning given the term in section 801.1 of title 16, Code of Federal Regulations, or any successor regulation. (b) Prohibition on product hopping \n(1) Prima facie \nA manufacturer of a reference product or listed drug shall be considered to have engaged in an unfair method of competition in or affecting commerce in violation of section 5(a) if complaint counsel or the Commission demonstrates in an action or proceeding initiated by the Commission under subsection (c) that, during the period beginning on the date on which the manufacturer of the reference product or listed drug first receives notice that an applicant has submitted to the Commissioner of Food and Drugs an abbreviated new drug application or biosimilar biological product license application referencing the reference product or listed drug and ending on the date that is the earlier of 180 days after the date on which the generic drug or biosimilar biological product that is the subject of the abbreviated new drug application or biosimilar biological product license application or another generic drug or biosimilar biological product referencing the listed drug or reference product is first marketed or 3 years after the date on which the follow-on product is first marketed, the manufacturer engaged in either of the following actions: (A) The manufacturer engaged in a hard switch, which shall be established by demonstrating that the manufacturer engaged in either of the following actions: (i) Upon the request of the manufacturer of the listed drug or reference product, the Commissioner of Food and Drugs withdrew the approval of the application for the listed drug or reference product or placed the listed drug or reference product on the discontinued products list and the manufacturer marketed or sold a follow-on product. (ii) The manufacturer of the listed drug or reference product— (I) (aa) withdrew, discontinued the manufacture of, or announced withdrawal of, discontinuance of the manufacture of, or intent to withdraw the application with respect to the drug or reference product in a manner that impedes competition from a generic drug or a biosimilar biological product, which may be established by objective circumstances, unless such actions were taken by the manufacturer pursuant to a request of the Commissioner of Food and Drugs; or (bb) destroyed the inventory of the listed drug or reference product in a manner that impedes competition from a generic drug or a biosimilar biological product, which may be established by objective circumstances; and (II) marketed or sold a follow-on product. (B) The manufacturer engaged in a soft switch, which shall be established by demonstrating that the manufacturer engaged in both of the following actions: (i) The manufacturer took actions with respect to the listed drug or reference product other than those described in subparagraph (A) that unfairly disadvantage the listed drug or reference product relative to the follow-on product described in clause (ii) in a manner that impedes competition from a generic drug or a biosimilar biological product, which may be established by objective circumstances. (ii) The manufacturer marketed or sold a follow-on product. (2) Exclusions \nNothing in this section shall prohibit actions that consist solely of— (A) truthful, non-misleading promotional marketing; or (B) ceasing promotional marketing for the listed drug or reference product. (3) Justification \n(A) In general \nSubject to paragraph (4), the actions described in paragraph (1) by a manufacturer of a listed drug or reference product shall not be considered to be an unfair method of competition in or affecting commerce if the manufacturer demonstrates to the Commission or a district court of the United States, as applicable, in an action, suit or proceeding initiated by the Commission under subsection (c)(1) that— (i) the manufacturer would have taken the actions regardless of whether a generic drug that references the listed drug or biosimilar biological product that references the reference product had already entered the market; and (ii) (I) with respect to a hard switch under paragraph (1)(A), the manufacturer took the action for reasons relating to the safety risk to patients of the listed drug or reference product; (II) with respect to an action described in paragraph (1)(A)(ii)(I)(aa), there is a supply disruption that— (aa) is outside of the control of the manufacturer; (bb) prevents the production or distribution of the applicable listed drug or reference product; and (cc) cannot be remedied by reasonable efforts; or (III) with respect to a soft switch under paragraph (1)(B), the manufacturer had legitimate pro-competitive reasons, apart from the financial effects of reduced competition, to take the action. (B) Rule of construction \nNothing in subparagraph (A) may be construed to limit the information that the Commission may otherwise obtain in any proceeding or action instituted with respect to a violation of this section. (4) Response \nWith respect to a justification offered by a manufacturer under paragraph (3), the Commission may— (A) rebut any evidence presented by a manufacturer during that justification; or (B) establish by a preponderance of the evidence that— (i) on balance, the pro-competitive benefits from the conduct described in subparagraph (A) or (B) of paragraph (1), as applicable, do not outweigh any anticompetitive effects of the conduct, even in consideration of the justification so offered; or (ii) (I) the conduct described in paragraph (1) is not reasonably necessary to address or achieve the justifications described in clause (ii) of paragraph (3)(A); or (II) the justifications described in clause (ii) of paragraph (3)(A) could be reasonably addressed or achieved through less anticompetitive means. (c) Enforcement \n(1) In general \nIf the Commission has reason to believe that any manufacturer has violated, is violating, or is about to violate this section, or a rule promulgated under this section, the Commission may take any of the following actions: (A) Institute a proceeding under section 5(b). (B) In the same manner and to the same extent as provided in section 13(b), bring suit in a district court of the United States to temporarily enjoin the action of the manufacturer. (C) Bring suit in a district court of the United States, in which the Commission may seek— (i) to permanently enjoin the action of the manufacturer; (ii) any of the remedies described in paragraph (3); and (iii) any other equitable remedy, including ancillary equitable relief. (2) Judicial review \n(A) In general \nNotwithstanding any provision of section 5, any manufacturer that is subject to a final cease and desist order issued in a proceeding to enforce this section, or a rule promulgated under this section, may, not later than 30 days after the date on which the Commission issues the order, petition for review of the order in— (i) the United States Court of Appeals for the District of Columbia Circuit; or (ii) the court of appeals of the United States for the circuit in which the ultimate parent entity of the manufacturer is incorporated. (B) Treatment of findings \nIn a review of a final cease and desist order conducted by a court of appeals of the United States under subparagraph (A), the factual findings of the Commission shall be conclusive if those facts are supported by the evidence. (3) Equitable remedies \n(A) Disgorgement \n(i) In general \nIn a suit brought under paragraph (1)(C), the Commission may seek, and the court may order, disgorgement of any unjust enrichment that a person obtained as a result of the violation that gives rise to the suit. (ii) Calculation \nAny disgorgement that is ordered with respect to a person under clause (i) shall be offset by any amount of restitution ordered under subparagraph (B). (iii) Limitations period \nThe Commission may seek disgorgement under this subparagraph not later than 5 years after the latest date on which the person from which the disgorgement is sought receives any unjust enrichment from the effects of the violation that gives rise to the suit in which the Commission seeks the disgorgement. (B) Restitution \n(i) In general \nIn a suit brought under paragraph (1)(C), the Commission may seek, and the court may order, restitution with respect to the violation that gives rise to the suit. (ii) Limitations period \nThe Commission may seek restitution under this subparagraph not later than 5 years after the latest date on which the person from which the restitution is sought receives any unjust enrichment from the effects of the violation that gives rise to the suit in which the Commission seeks the restitution. (4) Rules of construction \nNothing in this subsection may be construed as— (A) requiring the Commission to bring a suit seeking a temporary injunction under paragraph (1)(B) before bringing a suit seeking a permanent injunction under paragraph (1)(C); or (B) affecting the authority of the Federal Trade Commission under any other provision of law.. (b) Applicability \nSection 27 of the Federal Trade Commission Act, as added by subsection (a), shall apply with respect to any— (1) conduct that occurs on or after the date of enactment of this Act; and (2) action or proceeding that is commenced on or after the date of enactment of this Act. (c) Antitrust laws \nExcept to the extent subsection (a) establishes an additional basis for liability under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), nothing in this section, or the amendments made by 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 ), or 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. (d) Rulemaking \nThe Federal Trade Commission may issue rules under section 553 of title 5, United States Code, to define any terms used in section 27 of the Federal Trade Commission Act, as added by subsection (a) (other than terms that are defined in subsection (a) of such section 27).", "id": "id93bc8c8f-70a7-44c6-a459-64d193334d7f", "header": "Product hopping" }, { "text": "27. Product hopping \n(a) Definitions \nIn this section: (1) Abbreviated new drug application \nThe term abbreviated new drug application means any application under subsection (j) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or an application under subsection (b)(2) of such section 505 that seeks a therapeutic equivalence rating to the reference product. (2) Biosimilar biological product \nThe term biosimilar biological product means a biological product licensed under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ). (3) Biosimilar biological product license application \nThe term biosimilar biological product license application means an application submitted under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ). (4) Follow-on product \nThe term follow-on product — (A) means a drug approved through an application or supplement to an application submitted under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ) or a biological product licensed through an application or supplement to an application submitted under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ) for a change or modification to, or reformulation of, the same manufacturer’s previously approved drug or biological product that has an indication that is identical or substantively similar to an indication of the same manufacturer’s previously approved drug or biological product; and (B) excludes such an application or supplement to an application for a change, modification, or reformulation of a drug or biological product that is requested by the Secretary or necessary to comply with law, including sections 505A and 505B of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355a , 355c). (5) Generic drug \nThe term generic drug means any drug approved under an application submitted under subsection (j) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or an application under subsection (b)(2) of such section 505 that seeks a therapeutic equivalence rating to the reference product. (6) Listed drug \nThe term listed drug means a drug listed under section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(7) ). (7) Manufacturer \nThe term manufacturer means the holder, licensee, or assignee of— (A) an approved application for a drug under section 505(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c) ); or (B) a biological product license under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ). (8) Reference product \nThe term reference product has the meaning given the term in section 351(i) of the Public Health Service Act ( 42 U.S.C. 262(i) ). (9) Ultimate parent entity \nThe term ultimate parent entity has the meaning given the term in section 801.1 of title 16, Code of Federal Regulations, or any successor regulation. (b) Prohibition on product hopping \n(1) Prima facie \nA manufacturer of a reference product or listed drug shall be considered to have engaged in an unfair method of competition in or affecting commerce in violation of section 5(a) if complaint counsel or the Commission demonstrates in an action or proceeding initiated by the Commission under subsection (c) that, during the period beginning on the date on which the manufacturer of the reference product or listed drug first receives notice that an applicant has submitted to the Commissioner of Food and Drugs an abbreviated new drug application or biosimilar biological product license application referencing the reference product or listed drug and ending on the date that is the earlier of 180 days after the date on which the generic drug or biosimilar biological product that is the subject of the abbreviated new drug application or biosimilar biological product license application or another generic drug or biosimilar biological product referencing the listed drug or reference product is first marketed or 3 years after the date on which the follow-on product is first marketed, the manufacturer engaged in either of the following actions: (A) The manufacturer engaged in a hard switch, which shall be established by demonstrating that the manufacturer engaged in either of the following actions: (i) Upon the request of the manufacturer of the listed drug or reference product, the Commissioner of Food and Drugs withdrew the approval of the application for the listed drug or reference product or placed the listed drug or reference product on the discontinued products list and the manufacturer marketed or sold a follow-on product. (ii) The manufacturer of the listed drug or reference product— (I) (aa) withdrew, discontinued the manufacture of, or announced withdrawal of, discontinuance of the manufacture of, or intent to withdraw the application with respect to the drug or reference product in a manner that impedes competition from a generic drug or a biosimilar biological product, which may be established by objective circumstances, unless such actions were taken by the manufacturer pursuant to a request of the Commissioner of Food and Drugs; or (bb) destroyed the inventory of the listed drug or reference product in a manner that impedes competition from a generic drug or a biosimilar biological product, which may be established by objective circumstances; and (II) marketed or sold a follow-on product. (B) The manufacturer engaged in a soft switch, which shall be established by demonstrating that the manufacturer engaged in both of the following actions: (i) The manufacturer took actions with respect to the listed drug or reference product other than those described in subparagraph (A) that unfairly disadvantage the listed drug or reference product relative to the follow-on product described in clause (ii) in a manner that impedes competition from a generic drug or a biosimilar biological product, which may be established by objective circumstances. (ii) The manufacturer marketed or sold a follow-on product. (2) Exclusions \nNothing in this section shall prohibit actions that consist solely of— (A) truthful, non-misleading promotional marketing; or (B) ceasing promotional marketing for the listed drug or reference product. (3) Justification \n(A) In general \nSubject to paragraph (4), the actions described in paragraph (1) by a manufacturer of a listed drug or reference product shall not be considered to be an unfair method of competition in or affecting commerce if the manufacturer demonstrates to the Commission or a district court of the United States, as applicable, in an action, suit or proceeding initiated by the Commission under subsection (c)(1) that— (i) the manufacturer would have taken the actions regardless of whether a generic drug that references the listed drug or biosimilar biological product that references the reference product had already entered the market; and (ii) (I) with respect to a hard switch under paragraph (1)(A), the manufacturer took the action for reasons relating to the safety risk to patients of the listed drug or reference product; (II) with respect to an action described in paragraph (1)(A)(ii)(I)(aa), there is a supply disruption that— (aa) is outside of the control of the manufacturer; (bb) prevents the production or distribution of the applicable listed drug or reference product; and (cc) cannot be remedied by reasonable efforts; or (III) with respect to a soft switch under paragraph (1)(B), the manufacturer had legitimate pro-competitive reasons, apart from the financial effects of reduced competition, to take the action. (B) Rule of construction \nNothing in subparagraph (A) may be construed to limit the information that the Commission may otherwise obtain in any proceeding or action instituted with respect to a violation of this section. (4) Response \nWith respect to a justification offered by a manufacturer under paragraph (3), the Commission may— (A) rebut any evidence presented by a manufacturer during that justification; or (B) establish by a preponderance of the evidence that— (i) on balance, the pro-competitive benefits from the conduct described in subparagraph (A) or (B) of paragraph (1), as applicable, do not outweigh any anticompetitive effects of the conduct, even in consideration of the justification so offered; or (ii) (I) the conduct described in paragraph (1) is not reasonably necessary to address or achieve the justifications described in clause (ii) of paragraph (3)(A); or (II) the justifications described in clause (ii) of paragraph (3)(A) could be reasonably addressed or achieved through less anticompetitive means. (c) Enforcement \n(1) In general \nIf the Commission has reason to believe that any manufacturer has violated, is violating, or is about to violate this section, or a rule promulgated under this section, the Commission may take any of the following actions: (A) Institute a proceeding under section 5(b). (B) In the same manner and to the same extent as provided in section 13(b), bring suit in a district court of the United States to temporarily enjoin the action of the manufacturer. (C) Bring suit in a district court of the United States, in which the Commission may seek— (i) to permanently enjoin the action of the manufacturer; (ii) any of the remedies described in paragraph (3); and (iii) any other equitable remedy, including ancillary equitable relief. (2) Judicial review \n(A) In general \nNotwithstanding any provision of section 5, any manufacturer that is subject to a final cease and desist order issued in a proceeding to enforce this section, or a rule promulgated under this section, may, not later than 30 days after the date on which the Commission issues the order, petition for review of the order in— (i) the United States Court of Appeals for the District of Columbia Circuit; or (ii) the court of appeals of the United States for the circuit in which the ultimate parent entity of the manufacturer is incorporated. (B) Treatment of findings \nIn a review of a final cease and desist order conducted by a court of appeals of the United States under subparagraph (A), the factual findings of the Commission shall be conclusive if those facts are supported by the evidence. (3) Equitable remedies \n(A) Disgorgement \n(i) In general \nIn a suit brought under paragraph (1)(C), the Commission may seek, and the court may order, disgorgement of any unjust enrichment that a person obtained as a result of the violation that gives rise to the suit. (ii) Calculation \nAny disgorgement that is ordered with respect to a person under clause (i) shall be offset by any amount of restitution ordered under subparagraph (B). (iii) Limitations period \nThe Commission may seek disgorgement under this subparagraph not later than 5 years after the latest date on which the person from which the disgorgement is sought receives any unjust enrichment from the effects of the violation that gives rise to the suit in which the Commission seeks the disgorgement. (B) Restitution \n(i) In general \nIn a suit brought under paragraph (1)(C), the Commission may seek, and the court may order, restitution with respect to the violation that gives rise to the suit. (ii) Limitations period \nThe Commission may seek restitution under this subparagraph not later than 5 years after the latest date on which the person from which the restitution is sought receives any unjust enrichment from the effects of the violation that gives rise to the suit in which the Commission seeks the restitution. (4) Rules of construction \nNothing in this subsection may be construed as— (A) requiring the Commission to bring a suit seeking a temporary injunction under paragraph (1)(B) before bringing a suit seeking a permanent injunction under paragraph (1)(C); or (B) affecting the authority of the Federal Trade Commission under any other provision of law.", "id": "id11ba187b-147d-4b79-a0cb-1e58cd75b677", "header": "Product hopping" }, { "text": "3. Title 35 amendments \n(a) In general \nSection 271(e) of title 35, United States Code, is amended— (1) in paragraph (2)(C), in the flush text following clause (ii), by adding at the end the following: With respect to a submission described in clause (ii), the act of infringement shall extend to any patent that claims the biological product, a method of using the biological product, or a method or product used to manufacture the biological product. ; and (2) by adding at the end the following: (7) (A) Subject to subparagraphs (C), (D), and (E), if the sponsor of an approved application for a reference product, as defined in section 351(i) of the Public Health Service Act ( 42 U.S.C. 262(i) ) (referred to in this paragraph as the reference product sponsor ), brings an action for infringement under this section against an applicant for approval of a biological product under section 351(k) of such Act that references that reference product (referred to in this paragraph as the subsection (k) applicant ), the reference product sponsor may assert in the action a total of not more than 20 patents of the type described in subparagraph (B), not more than 10 of which shall have issued after the date specified in section 351(l)(7)(A) of such Act. (B) The patents described in this subparagraph are patents that satisfy each of the following requirements: (i) Patents that claim the biological product that is the subject of an application under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ) (or a use of that product) or a method or product used in the manufacture of such biological product. (ii) Patents that are included on the list of patents described in paragraph (3)(A) of section 351(l) of the Public Health Service Act ( 42 U.S.C. 262(l) ), including as provided under paragraph (7) of such section 351(l). (iii) Patents that— (I) have an actual filing date of more than 4 years after the date on which the reference product is approved; or (II) include a claim to a method in a manufacturing process that is not used by the reference product sponsor. (C) The court in which an action described in subparagraph (A) is brought may increase the number of patents limited under that subparagraph— (i) if the request to increase that number is made without undue delay; and (ii) (I) if the interest of justice so requires; or (II) for good cause shown, which— (aa) shall be established if the subsection (k) applicant fails to provide information required section 351(k)(2)(A) of the Public Health Service Act ( 42 U.S.C. 262(k)(2)(A) ) that would enable the reference product sponsor to form a reasonable belief with respect to whether a claim of infringement under this section could reasonably be asserted; and (bb) may be established— (AA) if there is a material change to the biological product (or process with respect to the biological product) of the subsection (k) applicant that is the subject of the application; (BB) if, with respect to a patent on the supplemental list described in section 351(l)(7)(A) of Public Health Service Act ( 42 U.S.C. 262(l)(7)(A) ), the patent would have issued before the date specified in such section 351(l)(7)(A) but for the failure of the Office to issue the patent or a delay in the issuance of the patent, as described in paragraph (1) of section 154(b) and subject to the limitations under paragraph (2) of such section 154(b); or (CC) for another reason that shows good cause, as determined appropriate by the court. (D) In determining whether good cause has been shown for the purposes of subparagraph (C)(ii)(II), a court may consider whether the reference product sponsor has provided a reasonable description of the identity and relevance of any information beyond the subsection (k) application that the court believes is necessary to enable the court to form a belief with respect to whether a claim of infringement under this section could reasonably be asserted. (E) The limitation imposed under subparagraph (A)— (i) shall apply only if the subsection (k) applicant completes all actions required under paragraphs (2)(A), (3)(B)(ii), (5), (6)(C)(i), (7), and (8)(A) of section 351(l) of the Public Health Service Act ( 42 U.S.C. 262(l) ); and (ii) shall not apply with respect to any patent that claims, with respect to a biological product, a method for using that product in therapy, diagnosis, or prophylaxis, such as an indication or method of treatment or other condition of use.. (b) Applicability \nThe amendments made by subsection (a) shall apply with respect to an application submitted under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ) on or after the date of enactment of this Act.", "id": "idf4001843-0e80-476c-a259-add62323e751", "header": "Title 35 amendments" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Medical Manufacturing, Economic Development, and Sustainability Act of 2023 or the MMEDS Act of 2023.", "id": "H98FB29C5CCFD4CE2AC4FCFC722975436", "header": "Short title" }, { "text": "2. Economically distressed zones \n(a) In general \nChapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: AA Medical Product Manufacturing in Economically Distressed Zones \nSubchapter AA—Medical Product Manufacturing in Economically Distressed Zones Sec. 1400AA–1. Medical product manufacturing in economically distressed zone credit. Sec. 1400AA–2. Credit for economically distressed zone products and services acquired by domestic medical product manufacturers. Sec. 1400AA–3. Special rules to secure the national supply chain. Sec. 1400AA–4. Designation of economically distressed zones. 1400AA–1. Medical product manufacturing in economically distressed zone credit \n(a) Allowance of credit \nThere shall be allowed as a credit against the tax imposed by subtitle A for the taxable year an amount equal to 40 percent of the sum of— (1) the aggregate amount of the taxpayer’s medical product manufacturing economically distressed zone wages for such taxable year, (2) the allocable employee fringe benefit expenses of the taxpayer for such taxable year, and (3) the depreciation and amortization allowances of the taxpayer for the taxable year with respect to qualified medical product manufacturing facility property. (b) Denial of double benefit \nAny wages or other expenses taken into account in determining the credit under this section may not be taken into account in determining the credit under sections 41, and any other provision determined by the Secretary to be substantially similar. (c) Definitions and special rules \nFor purposes of this section— (1) Economically distressed zone wages \n(A) In general \nThe term economically distressed zone wages means amounts paid or incurred for wages during the taxable year which are— (i) in connection with the active conduct of a trade or business of the taxpayer, and (ii) paid or incurred for an employee the principal place of employment of whom is in a qualified medical product manufacturing facility of such taxpayer. (B) Limitation on amount of wages taken into account \n(i) In general \nThe amount of wages which may be taken into account under subparagraph (A) with respect to any employee for any taxable year shall not exceed the contribution and benefit base determined under section 230 of the Social Security Act for the calendar year in which such taxable year begins. (ii) Treatment of part-time employees, etc \nIf— (I) any employee is not employed by the taxpayer on a substantially full-time basis at all times during the taxable year, or (II) the principal place of employment of any employee is not within an economically distressed zone at all times during the taxable year, the limitation applicable under clause (i) with respect to such employee shall be the appropriate portion (as determined by the Secretary) of the limitation which would otherwise be in effect under clause (i). (C) Treatment of certain employees \nThe term economically distressed zone wages shall not include any wages paid to employees who are assigned by the employer to perform services for another person, unless the principal trade or business of the employer is to make employees available for temporary periods to other persons in return for compensation. (D) Wages \nFor purposes of this paragraph, the term wages shall not include any amounts which are allocable employee fringe benefit expenses. (2) Allocable employee fringe benefit expenses \n(A) In general \nThe term allocable employee fringe benefit expenses means the aggregate amount allowable as a deduction under this chapter to the taxpayer for the taxable year for the following amounts which are allocable to employment in a qualified medical product manufacturing facility: (i) Employer contributions under a stock bonus, pension, profit-sharing, or annuity plan. (ii) Employer-provided coverage under any accident or health plan for employees. (iii) The cost of life or disability insurance provided to employees. (B) Allocation \nFor purposes of subparagraph (A), an amount shall be treated as allocable to a qualified medical product manufacturing facility only if such amount is with respect to employment of an individual for services provided, and the principal place of employment of whom is, in such facility. (3) Qualified medical product manufacturing facility \nThe term qualified medical product manufacturing facility means any facility that— (A) researches and develops or produces medical products or essential components of medical products, and (B) is located within an economically distressed zone. (4) Qualified medical product manufacturing facility property \nThe term qualified medical product manufacturing facility property means any property originally used in (or consisting of) a qualified medical product manufacturing facility if such property is directly connected to the research, development, or production of a medical product. (5) Medical product; essential component \n(A) Medical product \nThe term medical product means— (i) a drug that— (I) is a prescription drug subject to regulation under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ), (II) is subject to regulation under section 802 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 382 ), or (III) is described in section 201(jj) of such Act ( 21 U.S.C. 321(jj) ), or (ii) a device, as defined in section 201(h) of such Act ( 21 U.S.C. 321(h) ). (B) Essential component \nThe term essential component means, with respect to a medical product— (i) an active pharmaceutical ingredient, or (ii) a protein, antibody, enzyme, hormone, or other organic material that is an active ingredient in a biological product. (6) Aggregation rules \n(A) In general \nFor purposes of this section, members of an affiliated group shall be treated as a single taxpayer. (B) Affiliated group \nThe term affiliated group means an affiliated group (as defined in section 1504(a), determined without regard to section 1504(b)(3)) one or more members of which are engaged in the active conduct of a trade or business within an economically distressed zone. 1400AA–2. Credit for economically distressed zone products and services acquired by domestic medical product manufacturers \n(a) Allowance of credit \nIn the case of an eligible medical product manufacturer, there shall be allowed as a credit against the tax imposed by subtitle A for the taxable year an amount equal to the applicable percentage of the aggregate amounts paid or incurred by the taxpayer during such taxable year for qualified products or services. (b) Applicable percentage \nFor purposes of this section, the term applicable percentage means— (1) 30 percent in the case of amounts paid or incurred to persons not described in paragraph (2) or (3), and (2) 5 percent in the case of amounts paid or incurred to a related person. (c) Eligible medical product manufacturer \nFor purposes of this section, the term eligible medical product manufacturer means any person in the trade or business of producing medical products in the United States. (d) Qualified product or service \nFor purposes of this section, the term qualified product or service means— (1) any product which is produced in an economically distressed zone and which is integrated into a medical product produced by the taxpayer, and (2) any service which is provided in an economically distressed zone and which is necessary to the production of a medical product by the taxpayer (including packaging). (e) Related persons \nFor purposes of this section, persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). (f) Other terms \nTerms used in this section which are also used in section 1400AA–1 shall have the same meaning as when used in such section. 1400AA–3. Special rules to secure the national supply chain \n(a) In general \nIn the case of a qualified repatriated pharmaceutical manufacturing facility, section 1400AA–1(a) shall be applied by substituting 60 percent for 40 percent. (b) Election To expense in lieu of tax credit for depreciation \nIn the case of a taxpayer which elects (at such time and in such manner as the Secretary may provide) the application of this subsection with respect to any qualified repatriated medical product manufacturing facility or qualified population health product manufacturing facility— (1) section 1400AA–1(a)(3) shall not apply with respect to any qualified medical product manufacturing facility property with respect to such facility, and (2) for purposes of section 168(k)— (A) such property shall be treated as qualified property, and (B) the applicable percentage with respect to such property shall be 100 percent. (c) Qualified repatriated medical product manufacturing facility \nFor purposes of this section, the term qualified repatriated medical product manufacturing facility means any qualified medical product manufacturing facility (as defined in section 1400AA–1) the production of which was moved to an economically distressed zone from a foreign country that the United States Trade Representative has determined could pose a risk to the national supply chain because of political or social factors. 1400AA–4. Designation of economically distressed zones \n(a) In general \nFor purposes of this subchapter, the term economically distressed zone means any population census tract within the United States which— (1) has a poverty rate of not less than 35 percent for each of the 5 most recent calendar years for which information is available, or (2) satisfies each of the following requirements: (A) The census tract has pervasive poverty, unemployment, low labor force participation, and general distress measured as a prolonged period of economic decline measured by real gross national product. (B) The census tract has a poverty rate of not less than 30 percent for each of the 5 most recent calendar years for which information is available. (C) The census tract has been designated as such by the Secretary and the Secretary of Commerce pursuant to an application under subsection (b). (b) Application for designation \n(1) In general \nAn application for designation as an economically distressed zone may be filed by a State or local government in which the population census tract to which the application applies is located. (2) Requirements \nSuch application shall include a strategic plan for accomplishing the purposes of this subchapter, which— (A) describes the coordinated economic, human, community, and physical development plan and related activities proposed for the nominated area, (B) describes the process by which the affected community is a full partner in the process of developing and implementing the plan and the extent to which local institutions and organizations have contributed to the planning process, (C) identifies the amount of State, local, and private resources that will be available in the nominated area and the private/public partnerships to be used, which may include participation by, and cooperation with, universities, medical centers, and other private and public entities, (D) identifies the funding requested under any Federal program in support of the proposed economic, human, community, and physical development and related activities, (E) identifies baselines, methods, and benchmarks for measuring the success of carrying out the strategic plan, including the extent to which poor persons and families will be empowered to become economically self-sufficient, and (F) does not include any action to assist any establishment in relocating from one area outside the nominated area to the nominated area, except that assistance for the expansion of an existing business entity through the establishment of a new branch, affiliate, or subsidiary is permitted if— (i) the establishment of the new branch, affiliate, or subsidiary will not result in a decrease in employment in the area of original location or in any other area where the existing business entity conducts business operations, (ii) there is no reason to believe that the new branch, affiliate, or subsidiary is being established with the intention of closing down the operations of the existing business entity in the area of its original location or in any other area where the existing business entity conducts business operation, and (iii) includes such other information as may be required by the Secretary and the Secretary of Commerce. (c) Period for which designations are in effect \nDesignation as an economically distressed zone may be made at any time during the 10-year period beginning on the date of the enactment of this section, and shall remain in effect with respect to such zone during the 15-year period beginning on the date of such designation. Economically distressed zones described in subsection (a)(1) shall take effect on the date of the enactment of this Act and shall remain in effect during the 15-year period beginning on such date. (d) Territories and possessions \nThe term United States includes the 50 States, the District of Columbia, and the territories and possessions of the United States. (e) Regulations \nThe Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including— (1) not later than 30 days after the date of the enactment of this section, a list of the population census tracts described in subsection (a)(1), and (2) not later than 60 days after the date of the enactment of this section, regulations or other guidance regarding the designation of population census tracts described in subsection (a)(2).. (b) Clerical amendment \nThe table of subchapters for chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Subchapter AA—Medical Product Manufacturing in Economically Distressed Zones. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2022.", "id": "H01642F000CD74050A1533CD4E919F32F", "header": "Economically distressed zones" }, { "text": "1400AA–1. Medical product manufacturing in economically distressed zone credit \n(a) Allowance of credit \nThere shall be allowed as a credit against the tax imposed by subtitle A for the taxable year an amount equal to 40 percent of the sum of— (1) the aggregate amount of the taxpayer’s medical product manufacturing economically distressed zone wages for such taxable year, (2) the allocable employee fringe benefit expenses of the taxpayer for such taxable year, and (3) the depreciation and amortization allowances of the taxpayer for the taxable year with respect to qualified medical product manufacturing facility property. (b) Denial of double benefit \nAny wages or other expenses taken into account in determining the credit under this section may not be taken into account in determining the credit under sections 41, and any other provision determined by the Secretary to be substantially similar. (c) Definitions and special rules \nFor purposes of this section— (1) Economically distressed zone wages \n(A) In general \nThe term economically distressed zone wages means amounts paid or incurred for wages during the taxable year which are— (i) in connection with the active conduct of a trade or business of the taxpayer, and (ii) paid or incurred for an employee the principal place of employment of whom is in a qualified medical product manufacturing facility of such taxpayer. (B) Limitation on amount of wages taken into account \n(i) In general \nThe amount of wages which may be taken into account under subparagraph (A) with respect to any employee for any taxable year shall not exceed the contribution and benefit base determined under section 230 of the Social Security Act for the calendar year in which such taxable year begins. (ii) Treatment of part-time employees, etc \nIf— (I) any employee is not employed by the taxpayer on a substantially full-time basis at all times during the taxable year, or (II) the principal place of employment of any employee is not within an economically distressed zone at all times during the taxable year, the limitation applicable under clause (i) with respect to such employee shall be the appropriate portion (as determined by the Secretary) of the limitation which would otherwise be in effect under clause (i). (C) Treatment of certain employees \nThe term economically distressed zone wages shall not include any wages paid to employees who are assigned by the employer to perform services for another person, unless the principal trade or business of the employer is to make employees available for temporary periods to other persons in return for compensation. (D) Wages \nFor purposes of this paragraph, the term wages shall not include any amounts which are allocable employee fringe benefit expenses. (2) Allocable employee fringe benefit expenses \n(A) In general \nThe term allocable employee fringe benefit expenses means the aggregate amount allowable as a deduction under this chapter to the taxpayer for the taxable year for the following amounts which are allocable to employment in a qualified medical product manufacturing facility: (i) Employer contributions under a stock bonus, pension, profit-sharing, or annuity plan. (ii) Employer-provided coverage under any accident or health plan for employees. (iii) The cost of life or disability insurance provided to employees. (B) Allocation \nFor purposes of subparagraph (A), an amount shall be treated as allocable to a qualified medical product manufacturing facility only if such amount is with respect to employment of an individual for services provided, and the principal place of employment of whom is, in such facility. (3) Qualified medical product manufacturing facility \nThe term qualified medical product manufacturing facility means any facility that— (A) researches and develops or produces medical products or essential components of medical products, and (B) is located within an economically distressed zone. (4) Qualified medical product manufacturing facility property \nThe term qualified medical product manufacturing facility property means any property originally used in (or consisting of) a qualified medical product manufacturing facility if such property is directly connected to the research, development, or production of a medical product. (5) Medical product; essential component \n(A) Medical product \nThe term medical product means— (i) a drug that— (I) is a prescription drug subject to regulation under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ), (II) is subject to regulation under section 802 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 382 ), or (III) is described in section 201(jj) of such Act ( 21 U.S.C. 321(jj) ), or (ii) a device, as defined in section 201(h) of such Act ( 21 U.S.C. 321(h) ). (B) Essential component \nThe term essential component means, with respect to a medical product— (i) an active pharmaceutical ingredient, or (ii) a protein, antibody, enzyme, hormone, or other organic material that is an active ingredient in a biological product. (6) Aggregation rules \n(A) In general \nFor purposes of this section, members of an affiliated group shall be treated as a single taxpayer. (B) Affiliated group \nThe term affiliated group means an affiliated group (as defined in section 1504(a), determined without regard to section 1504(b)(3)) one or more members of which are engaged in the active conduct of a trade or business within an economically distressed zone.", "id": "HACBBB78F724B4B049254D8E33F5D8E98", "header": "Medical product manufacturing in economically distressed zone credit" }, { "text": "1400AA–2. Credit for economically distressed zone products and services acquired by domestic medical product manufacturers \n(a) Allowance of credit \nIn the case of an eligible medical product manufacturer, there shall be allowed as a credit against the tax imposed by subtitle A for the taxable year an amount equal to the applicable percentage of the aggregate amounts paid or incurred by the taxpayer during such taxable year for qualified products or services. (b) Applicable percentage \nFor purposes of this section, the term applicable percentage means— (1) 30 percent in the case of amounts paid or incurred to persons not described in paragraph (2) or (3), and (2) 5 percent in the case of amounts paid or incurred to a related person. (c) Eligible medical product manufacturer \nFor purposes of this section, the term eligible medical product manufacturer means any person in the trade or business of producing medical products in the United States. (d) Qualified product or service \nFor purposes of this section, the term qualified product or service means— (1) any product which is produced in an economically distressed zone and which is integrated into a medical product produced by the taxpayer, and (2) any service which is provided in an economically distressed zone and which is necessary to the production of a medical product by the taxpayer (including packaging). (e) Related persons \nFor purposes of this section, persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). (f) Other terms \nTerms used in this section which are also used in section 1400AA–1 shall have the same meaning as when used in such section.", "id": "HCC17A518610847049EE3412666C60ED9", "header": "Credit for economically distressed zone products and services acquired by domestic medical product manufacturers" }, { "text": "1400AA–3. Special rules to secure the national supply chain \n(a) In general \nIn the case of a qualified repatriated pharmaceutical manufacturing facility, section 1400AA–1(a) shall be applied by substituting 60 percent for 40 percent. (b) Election To expense in lieu of tax credit for depreciation \nIn the case of a taxpayer which elects (at such time and in such manner as the Secretary may provide) the application of this subsection with respect to any qualified repatriated medical product manufacturing facility or qualified population health product manufacturing facility— (1) section 1400AA–1(a)(3) shall not apply with respect to any qualified medical product manufacturing facility property with respect to such facility, and (2) for purposes of section 168(k)— (A) such property shall be treated as qualified property, and (B) the applicable percentage with respect to such property shall be 100 percent. (c) Qualified repatriated medical product manufacturing facility \nFor purposes of this section, the term qualified repatriated medical product manufacturing facility means any qualified medical product manufacturing facility (as defined in section 1400AA–1) the production of which was moved to an economically distressed zone from a foreign country that the United States Trade Representative has determined could pose a risk to the national supply chain because of political or social factors.", "id": "H56B19E3C85DB4741A73AD4F1AF7A8F91", "header": "Special rules to secure the national supply chain" }, { "text": "1400AA–4. Designation of economically distressed zones \n(a) In general \nFor purposes of this subchapter, the term economically distressed zone means any population census tract within the United States which— (1) has a poverty rate of not less than 35 percent for each of the 5 most recent calendar years for which information is available, or (2) satisfies each of the following requirements: (A) The census tract has pervasive poverty, unemployment, low labor force participation, and general distress measured as a prolonged period of economic decline measured by real gross national product. (B) The census tract has a poverty rate of not less than 30 percent for each of the 5 most recent calendar years for which information is available. (C) The census tract has been designated as such by the Secretary and the Secretary of Commerce pursuant to an application under subsection (b). (b) Application for designation \n(1) In general \nAn application for designation as an economically distressed zone may be filed by a State or local government in which the population census tract to which the application applies is located. (2) Requirements \nSuch application shall include a strategic plan for accomplishing the purposes of this subchapter, which— (A) describes the coordinated economic, human, community, and physical development plan and related activities proposed for the nominated area, (B) describes the process by which the affected community is a full partner in the process of developing and implementing the plan and the extent to which local institutions and organizations have contributed to the planning process, (C) identifies the amount of State, local, and private resources that will be available in the nominated area and the private/public partnerships to be used, which may include participation by, and cooperation with, universities, medical centers, and other private and public entities, (D) identifies the funding requested under any Federal program in support of the proposed economic, human, community, and physical development and related activities, (E) identifies baselines, methods, and benchmarks for measuring the success of carrying out the strategic plan, including the extent to which poor persons and families will be empowered to become economically self-sufficient, and (F) does not include any action to assist any establishment in relocating from one area outside the nominated area to the nominated area, except that assistance for the expansion of an existing business entity through the establishment of a new branch, affiliate, or subsidiary is permitted if— (i) the establishment of the new branch, affiliate, or subsidiary will not result in a decrease in employment in the area of original location or in any other area where the existing business entity conducts business operations, (ii) there is no reason to believe that the new branch, affiliate, or subsidiary is being established with the intention of closing down the operations of the existing business entity in the area of its original location or in any other area where the existing business entity conducts business operation, and (iii) includes such other information as may be required by the Secretary and the Secretary of Commerce. (c) Period for which designations are in effect \nDesignation as an economically distressed zone may be made at any time during the 10-year period beginning on the date of the enactment of this section, and shall remain in effect with respect to such zone during the 15-year period beginning on the date of such designation. Economically distressed zones described in subsection (a)(1) shall take effect on the date of the enactment of this Act and shall remain in effect during the 15-year period beginning on such date. (d) Territories and possessions \nThe term United States includes the 50 States, the District of Columbia, and the territories and possessions of the United States. (e) Regulations \nThe Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including— (1) not later than 30 days after the date of the enactment of this section, a list of the population census tracts described in subsection (a)(1), and (2) not later than 60 days after the date of the enactment of this section, regulations or other guidance regarding the designation of population census tracts described in subsection (a)(2).", "id": "H6EFAB50B6C994EAEB4DC0B2BE282F52B", "header": "Designation of economically distressed zones" }, { "text": "3. Report on need for incentivizing development of therapies \nNot later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall examine and report to the Congress on— (1) the extent to which the health of aging individuals in the United States, African Americans, Hispanics, Native Americans, veterans, or other vulnerable populations in the United States has been disproportionately harmed by the COVID–19 pandemic and prior epidemics and pandemics; (2) the therapies currently available, and whether there is a need for additional innovation and development to produce therapies, to reduce the exposure of vulnerable populations in the United States to risk of disproportionate harm in epidemics and pandemics; and (3) whether the Secretary recommends providing the same incentives for the development and marketing of therapies described in paragraph (2) as is provided under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) with respect to qualified infectious disease products designated under section 505E(d) of such Act ( 21 U.S.C. 355f(d) ).", "id": "HEA87D477CD244A3FA4A5E3E8732C11F1", "header": "Report on need for incentivizing development of therapies" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Extreme Risk Protection Order Expansion Act of 2023.", "id": "H4E69AEC008024572BDF5785ECD2F7C1F", "header": "Short title" }, { "text": "2. Extreme risk protection order grant program \n(a) Definitions \nIn this section: (1) Eligible entity \nThe term eligible entity means— (A) a State or Indian Tribe— (i) that enacts legislation described in subsection (c); (ii) with respect to which the Attorney General determines that the legislation described in clause (i) complies with the requirements under subsection (c)(1); and (iii) that certifies to the Attorney General that the State or Indian Tribe will, with respect to a grant received under subsection (b)— (I) use the grant for the purposes described in subsection (b)(2); and (II) allocate not less than 25 percent and not more than 70 percent of the amount received under the grant for the development and dissemination of training for law enforcement officers in accordance with subsection (b)(4); or (B) a unit of local government or other public or private entity that— (i) is located in a State or in the territory under the jurisdiction of an Indian Tribe that meets the requirements described in clauses (i) and (ii) of subparagraph (A); and (ii) certifies to the Attorney General that the unit of local government or entity will, with respect to a grant received under subsection (b)— (I) use the grant for the purposes described in subsection (b)(2); and (II) allocate not less than 25 percent and not more than 70 percent of the amount received under the grant for the development and dissemination of training for law enforcement officers in accordance with subsection (b)(4). (2) Extreme risk protection order \nThe term extreme risk protection order means a written order or warrant, issued by a State or Tribal court or signed by a magistrate (or other comparable judicial officer), the primary purpose of which is to reduce the risk of firearm-related death or injury by doing 1 or more of the following: (A) Prohibiting a named individual from having under the custody or control of the individual, owning, purchasing, possessing, or receiving a firearm. (B) Having a firearm removed or requiring the surrender of firearms from a named individual. (3) Firearm \nThe term firearm has the meaning given the term in section 921 of title 18, United States Code. (4) Indian Tribe \nThe term Indian Tribe has the meaning given the term Indian tribe in section 1709 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10389 ). (5) Law enforcement officer \nThe term law enforcement officer means a public servant authorized by Federal, State, local, or Tribal law or by an agency of the Federal Government or of a State, local, or Tribal government to— (A) engage in or supervise the prevention, detection, investigation, or prosecution of an offense; or (B) supervise sentenced criminal offenders. (6) Petitioner \nThe term petitioner means an individual authorized under State or Tribal law to petition for an extreme risk protection order. (7) Respondent \nThe term respondent means an individual named in the petition for an extreme risk protection order or subject to an extreme risk protection order. (8) State \nThe term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (9) Unit of local government \nThe term unit of local government has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251 ). (b) Grant program established \n(1) In general \nThe Attorney General shall establish a program under which, from amounts made available to carry out this section, the Attorney General may make grants to eligible entities to assist in carrying out the provisions of the legislation described in subsection (c). (2) Use of funds \nFunds awarded under this subsection may be used by an applicant to— (A) enhance the capacity of law enforcement agencies and the courts of a State, unit of local government, or Indian Tribe by providing personnel, training, technical assistance, data collection, and other resources to carry out enacted legislation described in subsection (c); (B) train judges, court personnel, health care and legal professionals, and law enforcement officers to more accurately identify individuals whose access to firearms poses a danger of causing harm to themselves or others by increasing the risk of firearms suicide or interpersonal violence; (C) develop and implement law enforcement and court protocols, forms, and orders so that law enforcement agencies and the courts may carry out the provisions of the enacted legislation described in subsection (c) in a safe, equitable, and effective manner, including through the removal and storage of firearms pursuant to extreme risk protection orders under the enacted legislation; and (D) raise public awareness and understanding of the enacted legislation described in subsection (c), including through subgrants to community-based organizations for the training of community members, so that extreme risk protection orders may be issued in appropriate situations to reduce the risk of firearms-related death and injury. (3) Application \nAn eligible entity desiring a grant under this subsection shall submit to the Attorney General an application at such time, in such manner, and containing or accompanied by such information as the Attorney General may reasonably require. (4) Training \n(A) In general \nA recipient of a grant under this subsection shall provide training to law enforcement officers, including officers of relevant Federal, State, local, and Tribal law enforcement agencies, in the safe, impartial, effective, and equitable use and administration of extreme risk protection orders, including training to address— (i) bias based on race and racism, ethnicity, gender, sexual orientation, gender identity, religion, language proficiency, mental health condition, disability, and classism in the use and administration of extreme risk protection orders; (ii) the appropriate use of extreme risk protection orders in cases of domestic violence, including the applicability of other policies and protocols to address domestic violence in situations that may also involve extreme risk protection orders and the necessity of safety planning with the victim before a law enforcement officer petitions for and executes an extreme risk protection order, if applicable; (iii) interacting with persons with a mental illness or emotional distress, including de-escalation and crisis intervention; and (iv) best practices for referring persons subject to extreme risk protection orders and associated victims of violence to social service providers that may be available in the jurisdiction and appropriate for those individuals, including health care, mental health, substance abuse, and legal services, employment and vocational services, housing assistance, case management, and veterans and disability benefits. (B) Consultation with experts \nA recipient of a grant under this subsection, in developing law enforcement training required under subparagraph (A), shall seek advice from domestic violence service providers (including culturally specific (as defined in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 )) organizations), social service providers, suicide prevention advocates, violence intervention specialists, law enforcement agencies, mental health disability experts, and other community groups working to reduce suicides and violence, including domestic violence, within the State or the territory under the jurisdiction of the Indian Tribe, as applicable, that enacted the legislation described in subsection (c) that enabled the grant recipient to be an eligible entity. (5) Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this subsection. (c) Eligibility for extreme risk protection order grant program \n(1) Requirements \nLegislation described in this subsection is legislation that establishes requirements that are substantially similar to the following: (A) Petition for extreme risk protection order \nA petitioner, including a law enforcement officer, may submit a petition to a State or Tribal court, on a form designed by the court or a State or Tribal agency, that— (i) describes the facts and circumstances justifying that an extreme risk protection order be issued against the named individual; and (ii) is signed by the applicant, under oath. (B) Notice and due process \nThe individual named in a petition for an extreme risk protection order as described in subparagraph (A) shall be given written notice of the petition and an opportunity to be heard on the matter in accordance with this paragraph. (C) Issuance of extreme risk protection orders \n(i) Hearing \n(I) In general \nUpon receipt of a petition described in subparagraph (A) or request of an individual named in such a petition, the court shall order a hearing to be held within a reasonable time, and not later than 30 days after the date of the petition or request. (II) Determination \nIf the court finds at the hearing ordered under subclause (I), by a preponderance of the evidence or according to a higher evidentiary standard established by the State or Indian Tribe, that the respondent poses a danger of causing harm to self or others by having access to a firearm, the court may issue an extreme risk protection order. (ii) Duration of extreme risk protection order \nAn extreme risk protection order shall be in effect— (I) until an order terminating or superseding the extreme risk protection order is issued; or (II) for a set period of time. (D) Ex parte extreme risk protection orders \n(i) In general \nUpon receipt of a petition described in subparagraph (A), the court may issue an ex parte extreme risk protection order, if— (I) the petition for an extreme risk protection order alleges that the respondent poses a danger of causing harm to self or others by having access to a firearm; and (II) the court finds there is probable cause to believe, or makes a finding according to a higher evidentiary standard established by the State or Indian Tribe, that the respondent poses a danger of causing harm to self or others by having access to a firearm. (ii) Duration of ex parte extreme risk protection order \nAn ex parte extreme risk protection order shall remain in effect only until the hearing required under subparagraph (C)(i). (E) Storage of removed firearms \n(i) Availability for return \nAll firearms removed or surrendered pursuant to an extreme risk protection order shall only be available for return to the named individual when the individual has regained eligibility under Federal and State law and, where applicable, Tribal law to possess firearms. (ii) Consent required for disposal or destruction \nFirearms owned by a named individual may not be disposed of or destroyed during the period of the extreme risk protection order without the consent of the named individual. (F) Notification \n(i) In general \n(I) Requirement \nA State or Tribal court that issues an extreme risk protection order shall notify the Attorney General or the comparable State or Tribal agency, as applicable, of the order as soon as practicable or within a designated period of time. (II) Form and manner \nA State or Tribal court shall submit a notification under subclause (I) in an electronic format, in a manner prescribed by the Attorney General or the comparable State or Tribal agency. (ii) Update of databases \nAs soon as practicable or within the time period designated by State or Tribal law after receiving a notification under clause (i), the Attorney General or the comparable State or Tribal agency shall ensure that the extreme risk protection order is reflected in the National Instant Criminal Background Check System. (2) Additional provisions \nLegislation described in this subsection may— (A) provide procedures for the termination of an extreme risk protection order; (B) provide procedures for the renewal of an extreme risk protection order; (C) establish burdens and standards of proof for issuance of orders described in paragraph (1) that are substantially similar to or higher than the burdens and standards of proof set forth in that paragraph; (D) limit the individuals who may submit a petition described in paragraph (1), provided that, at a minimum, 1 or more law enforcement officers are authorized to do so; and (E) include any other authorizations or requirements that the State or Tribal authorities determine appropriate. (3) Annual report \nNot later than 1 year after the date on which an eligible entity receives a grant under subsection (b), and annually thereafter for the duration of the grant period, the entity shall submit to the Attorney General a report that includes, with respect to the preceding year— (A) the number of petitions for ex parte extreme risk protection orders filed, as well as the number of such orders issued and the number denied, disaggregated by— (i) the jurisdiction; (ii) the individual authorized under State or Tribal law to petition for an extreme risk protection order, including the relationship of the individual to the respondent; and (iii) the alleged danger posed by the respondent, including whether the danger involved a risk of suicide, unintentional injury, domestic violence, or other interpersonal violence; (B) the number of petitions for extreme risk protection orders filed, as well as the number of such orders issued and the number denied, disaggregated by— (i) the jurisdiction; (ii) the individual authorized under State or Tribal law to petition for an extreme risk protection order, including the relationship of the individual to the respondent; and (iii) the alleged danger posed by the respondent, including whether the danger involved a risk of suicide, unintentional injury, domestic violence, or other interpersonal violence; (C) the number of petitions for renewals of extreme risk protection orders filed, as well as the number of such orders issued and the number denied; (D) the number of cases in which a court imposed a penalty for false reporting or frivolous petitions; (E) demographic data of petitioners, including race, ethnicity, national origin, sex, gender, age, disability, and English language proficiency, if available; (F) demographic data of respondents, including race, ethnicity, national origin, sex, gender, age, disability, and English language proficiency, if available; and (G) the number of firearms removed, if available.", "id": "HBC5BFE31ACE74EFE97A61F23FCED756B", "header": "Extreme risk protection order grant program" }, { "text": "3. Federal firearms prohibition \nSection 922 of title 18, United States Code, is amended— (1) in subsection (d)— (A) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively; (B) by inserting after paragraph (9) the following: (10) is subject to a court order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) prevents such person from possessing or receiving firearms; and (C) includes a finding that such person poses a danger of harm to self or others. ; and (C) in paragraph (12), as so redesignated, by striking (10) and inserting (11) ; and (2) in subsection (g)— (A) in paragraph (8)(C)(ii), by striking or at the end; (B) in paragraph (9), by striking the comma at the end and inserting ; or ; and (C) by inserting after paragraph (9) the following: (10) is subject to a court order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) prevents such person from possessing or receiving firearms; and (C) includes a finding that such person poses a danger of harm to self or others,.", "id": "HF62CA2EAA0944BDF8DF2F4F46F242497", "header": "Federal firearms prohibition" }, { "text": "4. Identification records \nSection 534 of title 28, United States Code, is amended— (1) in subsection (a)— (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (B) by inserting after paragraph (3) the following: (4) acquire, collect, classify, and preserve records from Federal, Tribal, and State courts and other agencies identifying individuals subject to extreme risk protection orders, as defined in section 2(a) of the Extreme Risk Protection Order Expansion Act of 2023 ; ; (2) in subsection (b)— (A) by striking (a)(5) and inserting (a)(6) ; and (B) by striking (a)(4) and inserting (a)(5) ; and (3) by adding at the end the following: (g) Extreme risk protection orders in national crime information databases \nA Federal, Tribal, or State criminal justice agency or criminal or civil court may— (1) include extreme risk protection orders, as defined in section 2(a) of the Extreme Risk Protection Order Expansion Act of 2023 , in national crime information databases, as that term is defined in subsection (f)(3) of this section; and (2) have access to information regarding extreme risk protection orders through the national crime information databases..", "id": "HF4658E5A75C245C2B2EFA0F9D916D462", "header": "Identification records" }, { "text": "5. Conforming amendment \nSection 3(1) of the NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40903(1) ) is amended by striking section 922(g)(8) and inserting paragraph (8) or (10) of section 922(g).", "id": "HEE56C2F6F3194E92BDD58607E6EDDD09", "header": "Conforming amendment" }, { "text": "6. Full faith and credit \n(a) Definitions \nIn this section, the terms extreme risk protection order , Indian Tribe , and State have the meanings given those terms in section 2(a). (b) Full faith and credit required \nAny extreme risk protection order issued under a State or Tribal law enacted in accordance with this Act shall be accorded the same full faith and credit by the court of another State or Indian Tribe (referred to in this subsection as the enforcing State or Indian Tribe ) and enforced by the court and law enforcement personnel of the other State or Tribal government as if it were the order of the enforcing State or Indian Tribe. (c) Applicability to extreme risk protection orders \n(1) In general \nSubsection (b) shall apply to an extreme risk protection order issued by a State or Tribal court if— (A) the court has jurisdiction over the parties and matter under the law of the State or Indian Tribe; and (B) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person’s right to due process. (2) Ex parte extreme risk protection orders \nFor purposes of paragraph (1)(B), in the case of an ex parte extreme risk protection order, notice and opportunity to be heard shall be provided within the time required by State or Tribal law, and in any event within a reasonable time after the order is issued, sufficient to protect the due process rights of the respondent. (d) Tribal court jurisdiction \nFor purposes of this section, a court of an Indian Tribe shall have full civil jurisdiction to issue and enforce an extreme risk protection order involving any person, including the authority to enforce any order through civil contempt proceedings, to exclude violators from Indian land, and to use other appropriate mechanisms, in matters arising anywhere in the Indian country (as defined in section 1151 of title 18, United States Code) of the Indian Tribe or otherwise within the authority of the Indian Tribe.", "id": "HD2C9D148667B490A9B54F29B70D26BE1", "header": "Full faith and credit" }, { "text": "7. Severability \nIf any provision of this Act or amendment made by this Act, or the application of such provision or amendment to any person or circumstance, is held to be invalid, the remaining provisions of this Act and amendments made by this Act, or the application of such provision or amendment to other persons or circumstances, shall not be affected.", "id": "H1E87BF453DC74BB7A3BC6569466FAAD4", "header": "Severability" }, { "text": "8. Effective date \nThis Act and the amendments made by this Act shall take effect on the date that is 180 days after the date of enactment of this Act.", "id": "id981693ACAF7D40E188273E7B51245922", "header": "Effective date" } ]

[ { "text": "1. Short titles \nThis Act may be cited as the Securing Allies Food in Emergencies Act or the SAFE Act.", "id": "S1", "header": "Short titles" }, { "text": "2. Statement of policy \nIt is the policy of the United States to respond to the looming global food crisis precipitated by the Russian Federation’s brutal, illegal invasion of Ukraine beginning in February 2022, which threatens to destabilize key partners and allies and push millions of people into hunger and poverty, particularly in areas of Africa and the Middle East that are already experiencing emergency levels of food insecurity, by taking immediate action to improve the timeliness and expand the reach of United States international food assistance.", "id": "ideba7e0924f0a4014bc62db6a7f6e3758", "header": "Statement of policy" }, { "text": "3. Strategy to avert a global food crisis \n(a) Strategy requirement \nNot later than 30 days after the date of the enactment of this Act, the Administrator of the United States Agency for International Development, acting in the capacity of the President’s Special Coordinator for International Disaster Assistance pursuant to section 493 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2292b ), shall develop and submit a strategy to the Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives for averting a catastrophic global food security crisis, particularly in areas of Africa and the Middle East that are already experiencing emergency levels of food insecurity, which has been driven by sharp increases in global prices for staple agricultural commodities, agricultural inputs (including fertilizer), and associated energy costs. (b) Considerations \nIn developing the strategy under subsection (a), the Administrator shall consider and incorporate an analysis of— (1) the impact of the Russian Federation’s brutal, illegal war in Ukraine on the cost and availability of staple agricultural commodities and inputs, including fertilizer— (A) globally; (B) in countries that rely upon commercial imports of such commodities and inputs from Ukraine or Russia; and (C) in countries that are supported through the United Nations World Food Programme, which heavily relies upon purchases of wheat and pulses from Ukraine and has recently reported a price increase of more than $23,000,000 per month for its wheat purchases; (2) the correlation between rising food costs and social unrest in areas of strategic importance to the United States, including countries and regions that experienced food riots during the 2007 to 2008 global food price crisis; (3) the underlying drivers of food insecurity in areas experiencing emergency levels of hunger, including current barriers to food security development programs and humanitarian assistance; (4) existing United States foreign assistance authorities, programs, and resources that could help avert a catastrophic global food crisis; (5) recommendations to enhance the efficiency, improve the timeliness, and expand the reach of United States international food assistance programs and resources referred to in paragraph (4); (6) opportunities to bolster coordination, catalyze and leverage actions by other donors and through multilateral development banks; (7) opportunities to better synchronize assistance through well-coordinated development and humanitarian assistance programs within the United States Agency for International Development and alongside other donors; (8) opportunities to improve supply chain and shipping logistics efficiencies in close collaboration with the private sector; (9) opportunities for increased cooperation with the Department of State to strengthen diplomatic efforts to resolve global conflicts and overcome barriers to access for life-saving assistance; (10) opportunities to support continued agricultural production in Ukraine, and the extent to which food produced in Ukraine can be used to meet humanitarian needs locally, regionally, or in countries historically reliant upon imports from Ukraine or Russia; and (11) opportunities to support and leverage agricultural production in countries and regions currently supported by United States international agricultural development programs, including programs authorized under the Global Food Security Act of 2016 ( 22 U.S.C. 9301 et seq. ), in a manner that— (A) fills critical gaps in the global supply of emergency food aid commodities; (B) enables purchases from small holder farmers by the United Nations World Food Programme; (C) enhances resilience to food price shocks; (D) promotes self-reliance; and (E) opens opportunities for United States agricultural trade and investment.", "id": "id8e675a3b434143cd9a0c95931c74dc35", "header": "Strategy to avert a global food crisis" }, { "text": "4. Emergency authorities to expand the timeliness and reach of United States international food assistance \n(a) In general \nSubject to the provisions of this section and notwithstanding any other provision of law, the Administrator of the United States Agency for International Development is authorized to procure life-saving food aid commodities, including commodities available locally and regionally, for the provision of emergency food assistance to the most vulnerable populations in countries and areas experiencing acute food insecurity that has been exacerbated by rising food prices, particularly in countries and areas historically dependent upon imports of wheat and other staple commodities from Ukraine and Russia. (b) Prioritization \n(1) In general \nIn responding to crises in which emergency food aid commodities are unavailable locally or regionally, or in which the provision of locally or regionally procured agricultural commodities would be unsafe, impractical, or inappropriate, the Administrator should prioritize procurements of United States agricultural commodities, including when exercising authorities under section 491 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2292 ). (2) Local or regional procurements \nIn making local or regional procurements of food aid commodities pursuant to subsection (a), the Administrator, to the extent practicable and appropriate, should prioritize procurements from areas supported through the international agricultural development programs authorized under the Global Food Security Act of 2016 ( 22 U.S.C. 9301 et seq. ) and from Ukraine, for the purpose of promoting economic stability, resilience to price shocks, and early recovery from such shocks in such areas. (c) Do no harm \nIn making local or regional procurements of food aid commodities pursuant to subsection (a), the Administrator shall first conduct market assessments to ensure that such procurements— (1) will not displace United States agricultural trade and investment; and (2) will not cause or exacerbate shortages, or otherwise harm local markets, for such commodities within the countries of origin. (d) Emergency exceptions \n(1) In general \nCommodities procured pursuant to subsection (b) shall be excluded from calculations of gross tonnage for purposes of determining compliance with section 55305(b) of title 46, United States Code. (2) Conforming amendment \nSection 55305(b) of title 46, United States Code, is amended by striking shall and inserting should. (e) Exclusions \nThe authority under subsection (a) shall not apply to procurements from— (1) the Russian Federation; (2) the People’s Republic of China; or (3) any country subject to sanctions under— (A) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); (B) section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ); or (C) section 1754(c) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c) ).", "id": "id873b44d31ee84646afdf4aff73c58375", "header": "Emergency authorities to expand the timeliness and reach of United States international food assistance" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Middle Class Mortgage Insurance Premium Act of 2023.", "id": "HB4BB20C1A9EB4C608DFB54C52C4189DD", "header": "Short title" }, { "text": "2. Increasing the income cap for and making permanent the mortgage insurance premium deduction \n(a) In general \n(1) Section 163(h)(3)(E) of the Internal Revenue Code of 1986 is amended— (1) in clause (ii), by striking $100,000 ($50,000 and inserting $200,000 ($100,000 , and (2) by striking clause (iv). (b) Effective date \nThe amendments made by this Act shall apply to taxable years beginning after December 31, 2021.", "id": "H0DE2B9278C8A4123886A4043CCB342F5", "header": "Increasing the income cap for and making permanent the mortgage insurance premium deduction" } ]

[ { "text": "1. Short title \nThis Act may be cited as the CCP Visa Ban Act of 2023.", "id": "idf1d62f09adf146909372ebe2186b7e89", "header": "Short title" }, { "text": "2. Scrutiny of visas for Chinese Communist Party members \n(a) Inadmissibility \nSection 212(a)(3)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(D) ) is amended— (1) in the subparagraph heading, by striking Immigrant membership and inserting Membership ; and (2) by adding at the end the following: (v) Prohibition on issuance of certain visas to members of the Chinese Communist Party \nAn alien who is or has been a member of or affiliated with the Chinese Communist Party— (I) is inadmissible; and (II) shall not be issued a visa as a nonimmigrant described in section 101(a)(15)(B).. (b) Applications for visa extensions \nWith respect to applications to extend visas issued to nonimmigrants described in section 101(a)(15)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(B) ) through enrollment in the Electronic Visa Update System or any successor system— (1) the Commissioner of U.S. Customs and Border Protection shall ensure that such system has a functionality for determining whether an applicant is a covered alien; and (2) in the case of an applicant determined to be a covered alien, the applicant's request for enrollment shall be denied. (c) Cancellation of visas authorized \n(1) In general \nOn encountering a covered alien who is in possession of a valid, unexpired visa issued under section 101(a)(15)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(B) ), the Commissioner of U.S. Customs and Border Protection shall cancel such visa. (2) Role of Bureau of Consular Affairs \nNot later than 90 days after the date of the enactment of this Act, the Assistant Secretary for Consular Affairs shall— (A) cancel all nonimmigrant visas issued to covered aliens under section 101(a)(15)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(B) ); and (B) update the Consular Consolidated Database and the Consular Lookout and Support System to reflect such cancellations. (3) Remedy \nThe sole legal remedy available to an alien whose visa has been cancelled under this subsection shall be to submit a new application for a visa in accordance with the procedures established by the Bureau of Consular Affairs. (d) Definition of covered alien \nIn this section, the term covered alien means an alien who is or has been a member of or affiliated with the Chinese Communist Party.", "id": "id9E863BF145F548C085DE063A3FDA4FC4", "header": "Scrutiny of visas for Chinese Communist Party members" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Military Family Nutrition Access Act of 2023.", "id": "id818b3da62f194b5cbd39b9ea4e51e018", "header": "Short title" }, { "text": "2. Exclusion of basic allowance for housing from income \nSection 5(d) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(d) ) is amended— (1) in paragraph (18), by striking and at the end; (2) in paragraph (19)(B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (20) a basic allowance for housing paid to a member of a uniformed service under section 403 of title 37, United States Code..", "id": "id2BA613CB8C2C49319D8EB2F2B71A3864", "header": "Exclusion of basic allowance for housing from income" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Let Experienced Pilots Fly Act.", "id": "id843b2032c6164711b1f5a0e84bdb9ae8", "header": "Short title" }, { "text": "2. Increased retirement age for pilots \nSection 44729 of title 49, United States Code, is amended to read as follows: 44729. Age standards for pilots \n(a) In general \nA pilot may serve in multicrew covered operations until attaining 67 years of age. (b) Covered operations defined \nIn this section, the term covered operations means operations under part 121 of title 14, Code of Federal Regulations, unless the operation takes place in— (1) the territorial airspace of a foreign country where such operations are prohibited by the foreign country; or (2) international airspace where such operations are not in compliance with the Annexes to the Convention on International Civil Aviation. (c) Regulations \nOn and after the date of enactment of the Let Experienced Pilots Fly Act , subsections (d) and (e) of section 121.383 of title 14, Code of Federal Regulations, shall be deemed to have been amended to increase the age listed in such subsections to 67 years of age. (d) Applicability \n(1) Nonretroactivity \nNo person who has attained 65 years of age before the date of enactment of the Let Experienced Pilots Fly Act may serve as a pilot for an air carrier engaged in covered operations unless— (A) such person is in the employment of that air carrier in such operations on such date of enactment as a required flight deck crew member; or (B) such person is newly hired by an air carrier as a pilot on or after such date of enactment without credit for prior seniority or prior longevity for benefits or other terms related to length of service prior to the date of rehire under any labor agreement or employment policies of the air carrier. (2) Protection for compliance \nAn action taken in conformance with this section, taken in conformance with a regulation issued to carry out this section, or taken prior to the date of enactment of the Let Experienced Pilots Fly Act in conformance with subsection (d) or (e) of section 121.383 of title 14, Code of Federal Regulations (as in effect before such date), may not serve as a basis for liability or relief in a proceeding, brought under any employment law or regulation, before any court or agency of the United States or of any State or locality. (e) Amendments to labor agreements and benefit plans \nAny amendment to a labor agreement or benefit plan of an air carrier that is required to conform with the requirements of this section or a regulation issued to carry out this section, and is applicable to pilots represented for collective bargaining, shall be made by agreement of the air carrier and the designated bargaining representative of the pilots of the air carrier. (f) Medical standards and records \n(1) Medical examinations and standards \nExcept as provided by paragraph (2), a person serving as a pilot for an air carrier engaged in covered operations shall not be subject to different medical standards, or different, greater, or more frequent medical examinations, on account of age unless the Administrator of the Federal Aviation Administration determines (based on data received or studies published after the date of enactment of the Let Experienced Pilots Fly Act ) that different medical standards, or different, greater, or more frequent medical examinations, are needed to ensure an adequate level of safety in flight. (2) Duration of first-class medical certificate \nNo person who has attained 60 years of age may serve as a pilot of an air carrier engaged in covered operations unless the person has a first-class medical certificate. Such a certificate shall expire on the last day of the 6-month period following the date of examination shown on the certificate. (g) Safety training \nEach air carrier engaged in covered operations shall continue to use pilot training and qualification programs approved by the Federal Aviation Administration..", "id": "id45A1B32128CA4A308469D8A2E5EE2F3C", "header": "Increased retirement age for pilots" }, { "text": "44729. Age standards for pilots \n(a) In general \nA pilot may serve in multicrew covered operations until attaining 67 years of age. (b) Covered operations defined \nIn this section, the term covered operations means operations under part 121 of title 14, Code of Federal Regulations, unless the operation takes place in— (1) the territorial airspace of a foreign country where such operations are prohibited by the foreign country; or (2) international airspace where such operations are not in compliance with the Annexes to the Convention on International Civil Aviation. (c) Regulations \nOn and after the date of enactment of the Let Experienced Pilots Fly Act , subsections (d) and (e) of section 121.383 of title 14, Code of Federal Regulations, shall be deemed to have been amended to increase the age listed in such subsections to 67 years of age. (d) Applicability \n(1) Nonretroactivity \nNo person who has attained 65 years of age before the date of enactment of the Let Experienced Pilots Fly Act may serve as a pilot for an air carrier engaged in covered operations unless— (A) such person is in the employment of that air carrier in such operations on such date of enactment as a required flight deck crew member; or (B) such person is newly hired by an air carrier as a pilot on or after such date of enactment without credit for prior seniority or prior longevity for benefits or other terms related to length of service prior to the date of rehire under any labor agreement or employment policies of the air carrier. (2) Protection for compliance \nAn action taken in conformance with this section, taken in conformance with a regulation issued to carry out this section, or taken prior to the date of enactment of the Let Experienced Pilots Fly Act in conformance with subsection (d) or (e) of section 121.383 of title 14, Code of Federal Regulations (as in effect before such date), may not serve as a basis for liability or relief in a proceeding, brought under any employment law or regulation, before any court or agency of the United States or of any State or locality. (e) Amendments to labor agreements and benefit plans \nAny amendment to a labor agreement or benefit plan of an air carrier that is required to conform with the requirements of this section or a regulation issued to carry out this section, and is applicable to pilots represented for collective bargaining, shall be made by agreement of the air carrier and the designated bargaining representative of the pilots of the air carrier. (f) Medical standards and records \n(1) Medical examinations and standards \nExcept as provided by paragraph (2), a person serving as a pilot for an air carrier engaged in covered operations shall not be subject to different medical standards, or different, greater, or more frequent medical examinations, on account of age unless the Administrator of the Federal Aviation Administration determines (based on data received or studies published after the date of enactment of the Let Experienced Pilots Fly Act ) that different medical standards, or different, greater, or more frequent medical examinations, are needed to ensure an adequate level of safety in flight. (2) Duration of first-class medical certificate \nNo person who has attained 60 years of age may serve as a pilot of an air carrier engaged in covered operations unless the person has a first-class medical certificate. Such a certificate shall expire on the last day of the 6-month period following the date of examination shown on the certificate. (g) Safety training \nEach air carrier engaged in covered operations shall continue to use pilot training and qualification programs approved by the Federal Aviation Administration.", "id": "id981905d6-cbad-11ec-8bf1-9bab783c6209", "header": "Age standards for pilots" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Green New Deal for Health Act. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Findings and sense of Congress on health and climate change. TITLE I—Whole-of-government approach Sec. 101. Definitions. Sec. 102. Office of Climate Change and Health Equity; national strategic action plan. Sec. 103. Advisory board. Sec. 104. Climate change health protection and promotion reports. Sec. 105. Authorization of appropriations. TITLE II—Protecting essential health care access Sec. 201. Maintenance of health care access relating to hospital discontinuation of services or closure. Sec. 202. Empowering community health in environmental justice communities. TITLE III—Green and resilient health care infrastructure Sec. 301. Green Hill-Burton funds for climate-ready medical facilities. Sec. 302. Planning and Evaluation Grant Program. TITLE IV—Health care sector decarbonization Sec. 401. Office of Sustainability and Environmental Impact. Sec. 402. Climate risk disclosure for medical supplies. Sec. 403. Green health care manufacturing. TITLE V—A health workforce to tackle the climate crisis Sec. 501. Education and training relating to health risks associated with climate change. Sec. 502. Building a community health workforce for the climate crisis. Sec. 503. Safeguarding essential health care workers. TITLE VI—Safe, strong, and resilient communities Subtitle A—Empowering resilient community mental health Sec. 601. Grants for resilient community mental health. Subtitle B—Understanding and preventing heat risk Sec. 611. Definitions. Sec. 612. Study on extreme heat information and response. Sec. 613. Financial assistance for research and resilience in addressing extreme heat risks. Sec. 614. Authorization of appropriations. Subtitle C—Home resiliency for medical needs Sec. 621. Medicare coverage of medically necessary home resiliency services. TITLE VII—Research and innovation for climate and health Sec. 701. Research and innovation for climate and health.", "id": "S1", "header": "Short title; table of contents" }, { "text": "2. Definitions \nIn this Act: (1) Environmental justice community \nThe term environmental justice community means a community with significant representation of communities of color, low-income communities, or Tribal and Indigenous communities that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects. (2) Individual disproportionately affected by climate change \nThe term individual disproportionately affected by climate change means an individual that may face elevated mental and physical health risks due to climate change based on 2 or more of the following factors: (A) Age under 5 years old or over 65 years old. (B) Race and ethnicity, and experience of racial bias. (C) Sex, gender, and gender minority status. (D) Being of reproductive age. (E) Exposure to environmental health risks due to living conditions or location, including current or past experience of homelessness. (F) Occupation or exposure to occupational hazards. (G) Household income. (H) Disability. (I) Co-morbidities. (J) Current or past exposure to personal or systemic trauma, including natural disasters. (K) Immigration status. (L) Language isolation. (3) Medically underserved community \nThe term medically underserved community has the meaning given such term in section 799B of the Public Health Service Act ( 42 U.S.C. 295p ).", "id": "idA17CED575BD8490F8B5D8E18AC217C85", "header": "Definitions" }, { "text": "3. Findings and sense of Congress on health and climate change \n(a) Findings \nCongress finds that, according to the assessment of the United States Global Change Research Program entitled The Impacts of Climate Change on Human Health in the United States: A Scientific Assessment and dated 2016— (1) the impacts of human-induced climate change are increasing nationwide; (2) rising greenhouse gas concentrations result in increases in temperature, changes in precipitation, increases in the frequency and intensity of some extreme weather events, and rising sea levels; (3) the climate change impacts described in paragraph (2) endanger our health by affecting— (A) our access to care, food, and water sources; (B) the air we breathe; (C) the weather we experience; and (D) our interactions with the built and natural environments; and (4) as the climate continues to change, the risks to human health continue to grow. (b) Sense of Congress \nIt is the sense of Congress that— (1) climate change poses threats to the United States and globally through its impacts on society, the economy, the physical environment, and physical and mental health; (2) climate change health threats are growing in scale and severity; (3) climate change disproportionately affects individuals in the United States who are economically disadvantaged, belong to communities of color, or have other social and health vulnerabilities; (4) the health care sector accounts for 8.5 percent of United States emissions, further worsening the overall health impacts of climate change; and (5) the Federal Government, working with international, State, Tribal, and local governments, nongovernmental organizations, businesses, and individuals, should use all practicable means and measures— (A) to deploy a whole-of-government and whole-of-health approach to protect our collective health from the impacts of climate change and to mitigate environmental health impacts from health sector operations; (B) to build a just health care ecosystem where all Americans have access to dignified, high-quality care in their communities; (C) to ensure the health care system is resilient to extreme weather and can continue to provide care before, during, and after crises; (D) to lead the health sector to decarbonize its facilities and operations in an equitable and just manner; (E) to empower a thriving health workforce with good, high-wage union jobs and to recognize the value of all of the essential workers that enable high-quality health care; and (F) to invest in, empower, and build safe, strong, and resilient communities.", "id": "id248d4d75f2424758b57701db2d17562a", "header": "Findings and sense of Congress on health and climate change" }, { "text": "101. Definitions \nIn this title: (1) Director \nThe term Director means the Director of the Office. (2) National strategic action plan \nThe term national strategic action plan means the national strategic action plan published pursuant to section 102(b)(1). (3) Office \nThe term Office means the Office of Climate Change and Health Equity established by section 102(a)(1). (4) Secretary \nThe term Secretary means the Secretary of Health and Human Services.", "id": "id5B7AC48B14C24F11814D7F3558DC489B", "header": "Definitions" }, { "text": "102. Office of Climate Change and Health Equity; national strategic action plan \n(a) Office of Climate Change and Health Equity \n(1) Establishment \n(A) In general \nThere is established within the Department of Health and Human Services the Office of Climate Change and Health Equity. (B) Purpose \nThe purpose of the Office shall be to facilitate a robust, Federal response to the impact of climate change on the health of the American people and the health care system. (C) Director \nThere is established the position of Director of the Office, who— (i) shall be the head of the Office; and (ii) may report to the Assistant Secretary for Health. (2) Activities \nThe duties of the Office shall be to address priority health actions relating to the health impacts of climate change, including by doing each of the following: (A) Contribute to assessments of how climate change is affecting the health of individuals living in the United States. (B) Understand the needs of the populations most disproportionately affected by climate-related health threats. (C) Serve as a credible source of information on the physical, mental, and behavioral health consequences of climate change. (D) Align Federal efforts to deploy climate-conscious human services and direct services to support and protect populations composed of individuals disproportionately affected by climate change. (E) Create and distribute tools and resources to support climate resilience for the health sector, community-based organizations, and individuals. (F) Create and distribute tools and resources to support health sector efforts to track and decrease greenhouse gas emissions. (G) Lead efforts to reduce the carbon footprint and environmental impacts of the health sector. (H) Carry out other activities determined appropriate by the Secretary. (b) National strategic action plan \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary, on the basis of the best available science, and in consultation pursuant to paragraph (2), shall publish a national strategic action plan to coordinate effective deployment of Federal efforts to ensure that public health and health care systems are prepared for and can respond to the impacts of climate change on health in the United States. (2) Consultation \nIn developing or making any revision to the national strategic action plan, the Secretary shall— (A) consult with the Director, the Administrator of the Environmental Protection Agency, the Under Secretary of Commerce for Oceans and Atmosphere, the Administrator of the National Aeronautics and Space Administration, the Director of the Indian Health Service, the Secretary of Labor, the Secretary of Defense, the Secretary of State, the Secretary of Veterans Affairs, the National Environmental Justice Advisory Council, the heads of other appropriate Federal agencies, Tribal governments, and State and local government officials; and (B) provide meaningful opportunity for engagement, comment, and consultation with relevant public stakeholders, particularly representatives of populations composed of individuals disproportionately affected by climate change, environmental justice communities, Tribal communities, health care providers, public health organizations, and scientists. (3) National strategic action plan components \nThe national strategic action plan shall include an assessment of, and strategies to improve, the health sector capacity of the United States to address climate change, including— (A) identifying, prioritizing, and engaging communities and populations who are disproportionately affected by exposures to climate hazards; (B) addressing mental and physical health disparities exacerbated by climate impacts to enhance community health resilience; (C) identifying the link between environmental injustice and vulnerability to the impacts of climate change and prioritizing those who have been harmed by environmental and climate injustice; (D) providing outreach and communication aimed at public health and health care professionals and the public to promote preparedness and response strategies; (E) tracking and assessing programs across Federal agencies to advance research related to the impacts of climate change on health; (F) identifying and assessing existing preparedness and response strategies for the health impacts of climate change; (G) prioritizing critical public health and health care infrastructure projects; (H) providing modeling and forecasting tools of climate change health impacts, including local impacts, where feasible; (I) establishing academic and regional centers of excellence; (J) recommending models for maintaining access to health care during extreme weather; (K) providing technical assistance and support for preparedness and response plans for the health threats of climate change in States, municipalities, territories, Indian Tribes, and developing countries; (L) addressing the impacts of fossil fuel pollution and greenhouse gas emissions on the health of individuals living in the United States; (M) tracking health care sector contributions to greenhouse gas emissions and identifying actions to reduce those emissions; (N) recommending new regulations or policies to address identified gaps in the health system capacity to effectively reduce emissions, reduce environmental impact, and address climate change; and (O) developing, improving, integrating, and maintaining disease surveillance systems and monitoring capacity to respond to health-related impacts of climate change, including on topics addressing— (i) water-, food-, and vector-borne infectious diseases and climate change; (ii) pulmonary effects, including responses to aeroallergens, infectious agents, and toxic exposures; (iii) cardiovascular effects, including impacts of temperature extremes; (iv) air pollution health effects, including heightened sensitivity to air pollution such as wildfire smoke; (v) reproductive health effects, including access to reproductive health care; (vi) harmful algal blooms; (vii) mental and behavioral health impacts of climate change; (viii) the health of migrants, refugees, displaced persons, and communities composed of individuals disproportionately affected by climate change; (ix) the implications for communities and populations vulnerable to the health effects of climate change, as well as strategies for responding to climate change within such communities; (x) Tribal, local, and community-based health interventions for climate-related health impacts; (xi) extreme heat and weather events; (xii) decreased nutritional value of crops; and (xiii) disruptions in access to routine and acute medical care, public health programs, and other supportive services for maintaining health. (c) Periodic assessment and revision \nNot later than 1 year after the date of first publication of the national strategic action plan, and annually thereafter, the Secretary shall periodically assess, and revise as necessary, the national strategic action plan, to reflect new information collected, including information on— (1) the status of and trends in critical environmental health indicators and related human health impacts; (2) the trends in and impacts of climate change on public health; (3) advances in the development of strategies for preparing for and responding to the impacts of climate change on public health; and (4) the effectiveness of the implementation of the national strategic action plan in protecting against climate change health threats. (d) Implementation \n(1) Implementation through HHS \nThe Secretary shall exercise the Secretary’s authority under this title and other Federal statutes to achieve the goals and measures of the Office and the national strategic action plan. (2) Other public health programs and initiatives \nThe Secretary and Federal officials of other relevant Federal agencies shall administer public health programs and initiatives authorized by laws other than this title, subject to the requirements of such laws, in a manner designed to achieve the goals of the Office and the national strategic action plan. (3) Health impact assessment \n(A) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary shall identify proposed and current laws, policies, and programs that are of particular interest for their impact in contributing to or alleviating health burdens and the health impacts of climate change. (B) Assessments \nNot later than 2 years after the date of enactment of this Act, the head of each relevant Federal agency shall— (i) assess the impacts that the proposed and current laws, policies, and programs identified under subparagraph (A) under their jurisdiction have or may have on protection against the health threats of climate change; and (ii) assist State, Tribal, local, and territorial governments in conducting such assessments.", "id": "idd4092a7756454fa6a6d6a30f855a2787", "header": "Office of Climate Change and Health Equity; national strategic action plan" }, { "text": "103. Advisory board \n(a) Establishment \nThe Secretary shall, pursuant to chapter 10 of title 5, United States Code, establish a permanent science advisory board to be composed of not less than 10 and not more than 20 members. (b) Appointment of members \n(1) In general \nThe Secretary shall appoint the members of the science advisory board from among individuals who— (A) are recommended by the President of the National Academy of Sciences or the President of the National Academy of Medicine; and (B) have expertise in essential public health and health care services, including with respect to diverse populations, climate change, environmental and climate justice, and other relevant disciplines. (2) Requirement \nThe Secretary shall ensure that the science advisory board includes members with practical or lived experience with relevant issues described in paragraph (1)(B). (c) Functions \nThe science advisory board shall— (1) provide scientific and technical advice and recommendations to the Secretary on the domestic and international impacts of climate change on public health and populations and regions disproportionately affected by climate change, and strategies and mechanisms to prepare for and respond to the impacts of climate change on public health; (2) advise the Secretary regarding the best science available for purposes of issuing the national strategic action plan and conducting the climate and health program; and (3) submit a report to Congress on its activities and recommendations not later than 1 year after the date of enactment of this Act and not later than every year thereafter. (d) Support \nThe Secretary shall provide financial and administrative support to the board.", "id": "idd2135fa670cb4b988d404f5aecc8bf9e", "header": "Advisory board" }, { "text": "104. Climate change health protection and promotion reports \n(a) In general \nThe Secretary shall offer to enter into an agreement, including the provision of such funding as may be necessary, with the National Academies of Sciences, Engineering, and Medicine, under which such National Academies will prepare periodic reports to aid public health and health care professionals in preparing for and responding to the adverse health effects of climate change that— (1) review scientific developments on health impacts and health disparities of climate change; (2) evaluate the measurable impacts of activities undertaken at the directive of the national strategic action plan; and (3) recommend changes to the national strategic action plan and climate and health program. (b) Submission \nThe agreement under subsection (a) shall require a report to be submitted to Congress and the Secretary and made publicly available not later than 1 year after the first publication of the national strategic action plan, and every 4 years thereafter.", "id": "idb71fea14a51d4ef98a37d914cd0d4a48", "header": "Climate change health protection and promotion reports" }, { "text": "105. Authorization of appropriations \n(a) Office of climate change and health equity \nThere is authorized to be appropriated to the Secretary to carry out section 102(a) $10,000,000 for each of fiscal years 2024 through 2030. (b) National strategic action plan \nThere is authorized to be appropriated to the Secretary to carry out section 102(b) $2,000,000 for fiscal year 2024, to remain available until expended. (c) Advisory board \nThere is authorized to be appropriated to the Secretary to carry out section 103(c) $500,000 for fiscal year 2024, to remain available until expended.", "id": "id8f10f60872514831981033e099a97f4c", "header": "Authorization of appropriations" }, { "text": "201. Maintenance of health care access relating to hospital discontinuation of services or closure \nSection 1866 of the Social Security Act ( 42 U.S.C. 1395cc ) is amended— (1) in subsection (a)(1)— (A) in subparagraph (X), by striking and at the end; (B) in subparagraph (Y)(ii)(V), by striking the period and inserting , and ; and (C) by inserting after subparagraph (Y) the following new subparagraph: (Z) beginning 60 days after the date of the enactment of this subparagraph, in the case of a hospital, to comply with the requirements of subsection (l) (relating to discontinuation of services or closure). ; and (2) by adding at the end the following new subsection: (l) Requirements for hospitals relating to discontinuation of services or closure \n(1) Requirements \n(A) In general \nFor purposes of subsection (a)(1)(Z), except as provided in subparagraph (B), the requirements described in this subsection are that a hospital— (i) notify the Secretary, in accordance with paragraph (2), not less than 90 days prior to the discontinuation of services or full hospital closure; (ii) prohibit the discontinuation of essential services (as defined in paragraph (6)) during the notification period (as defined in such paragraph) unless there is a clear harm posed to patient or employee health or safety in the hospital continuing to furnish such services; (iii) respond to any inquiries by the Secretary relating to the implementation of this subsection, including the determination of essential services under paragraph (6)(C); and (iv) if applicable— (I) submit a mitigation plan and related information as described in paragraph (3); and (II) participate in the public comment and review process (including, if applicable, the alternative mitigation plan) described in paragraph (4). (B) Application in case of catastrophic events \nIn the case where a discontinuation of services or closure of a hospital is due to an unforeseen catastrophic event (as defined by the Secretary), the requirements described in subparagraph (A) shall apply, except— (i) the hospital shall provide the notification under clause (i) of such subparagraph not later than 30 days after the catastrophic event or as soon as feasible as determined by the Secretary; and (ii) clause (ii) of such subparagraph (relating to prohibiting the discontinuation of services) shall not apply. (2) Notification information \nFor purposes of paragraph (1)(A)(i), the notification under such paragraph shall include the following information with respect to a hospital: (A) Discontinuation of services \nIn the case where the hospital is discontinuing services (without full hospital closure): (i) The services that will be discontinued and number of hospital beds impacted. (ii) The number of individuals furnished such services annually and a breakdown of the type of insurance used by such individuals for such services. (iii) The number of impacted employees and what labor organization represents them (and the contact information for such organization). (iv) The names and addresses of any organized health care coalitions and community groups that represent the communities impacted by the discontinuation of such services. (v) Alternative providers of such services, including provider type, contact information, and distance and transportation time by car and public transit from the hospital. (B) Full hospital closure \nIn the case of full hospital closure: (i) Hospital ownership entities. (ii) The full extent of services that will no longer be furnished by the hospital. (iii) The number of individuals furnished services annually by the hospital, a description of the services furnished, and a breakdown of the type of insurance type used by such individuals for such services. (iv) The number of impacted employees and, if applicable, what labor organizations represent them (and the contact information for each such organization). (v) The names and addresses of any organized health care coalitions and community groups that represent the communities impacted by the closure. (vi) Alternative providers, including provider type, contact information, and distance and transportation time by car and public transit from the hospital. (vii) Steps taken prior to the decision to close in order to avoid closure. (viii) Distribution of liquidation proceeds (cash or assets) or any payments (cash or assets) made to employees, owners, or contractors related to the closure. (3) Submission of mitigation plan and related information for essential services \n(A) Notification by Secretary \nIf the Secretary determines that the discontinuation of services or closure of an applicable hospital would negatively impact access to essential services, the Secretary shall notify the applicable hospital of such determination. (B) Submission of mitigation plan and related information \nIf an applicable hospital receives a notification under subparagraph (A), the applicable hospital shall, not later than 15 days after receiving such notification, submit to the Secretary— (i) a plan to— (I) preserve access to essential services for impacted communities through partnerships, commitments from surrounding facilities, transportation plan access, and preparation for surge response; and (II) support employees in transitioning to new positions within health care; (ii) information on workforce and public engagement to ensure awareness of the discontinuation of services or closure; and (iii) a description of potential alternatives to the discontinuation of services or closure that the hospital considered and an explanation of why those alternatives are not a viable option. (C) Public availability \nThe Secretary shall make a mitigation plan and related information submitted by an applicable hospital under this paragraph available to the public on the internet website of the Centers for Medicare & Medicaid Services. (4) Public comment and review process; alternative mitigation plan \n(A) Public comment period \n(i) In general \nThe Secretary shall provide a public comment period of not less than 45 days with the opportunity to submit written comments regarding the impact of the potential discontinuation of services or closure of an applicable hospital. (ii) Notice \nNotice of the opportunity to submit comments shall be published in the Federal Register and distributed to— (I) providers of services and suppliers that may be impacted by the discontinuation of services or closure of the applicable hospital; (II) any labor organization that represents any subdivision of employees of the applicable hospital; (III) organized health care coalitions and community groups that represent the communities impacted by the discontinuation of services or closure; (IV) the State health agency; and (V) the local department of public health. (B) Alternative mitigation plan \n(i) In general \nIf, after reviewing the mitigation plan submitted by an applicable hospital under paragraph (3) and the comments submitted during the public comment period under subparagraph (A) with respect to the discontinuation of services or closure of the applicable hospital, the Secretary finds that the discontinuation of services or closure of the applicable hospital would have a significant impact on access to essential services, the Secretary shall work with the applicable hospital or other providers of services and suppliers in the area, as appropriate, to develop and implement an alternative plan to the plan submitted by the applicable hospital under paragraph (3) (referred to in this subsection as the alternative mitigation plan ) in order to ensure continued access to essential services, which may include an agreement to delay the discontinuation of services or closure of the applicable hospital until the alternative mitigation plan is complete. (ii) Technical assistance \nAn alternative mitigation plan under clause (i) may include technical assistance or information on available funding mechanisms to support the furnishing of essential services. (iii) Collaboration \nThe Secretary should, to the extent practicable, collaborate with State and municipal government officials in the development of an alternative mitigation plan under clause (i). (iv) Public availability \nThe Secretary shall make any information submitted and the alternative mitigation plan developed under this paragraph available to the public on the internet website of the Centers for Medicare & Medicaid Services. (C) Implementation \nThe Secretary shall promulgate regulations to detail the required response time by an applicable hospital and the speed of the review process under this paragraph in order to ensure that such process can be completed with respect to an applicable hospital prior to the proposed service discontinuation date or closure date of the applicable hospital. (D) Prohibition \nIn the case where the Secretary finds that a hospital has violated the requirements of this subsection, the Secretary may prohibit the hospital and any hospital under the same hospital ownership entity from being eligible to enroll or reenroll under the program under this title under section 1866(j) until the earlier of— (i) the date that is 3 years after the date on which the hospital discontinues services or closes; (ii) the date on which the Secretary determines essential health services that were negatively impacted by the discontinuation or closure have been restored; or (iii) such time as the Secretary is satisfied with the mitigation plan submitted by the hospital under paragraph (3) or the alternative mitigation plan under paragraph (4). (5) Annual reports \nThe Secretary shall submit an annual report to Congress on the discontinuation of services and full closure of hospitals. Each report submitted under the preceding sentence shall include— (A) a description of trends in the discontinuation of services and closures of hospitals, including hospital ownership type, geographic location, types of services furnished, demographic served, and insurance type; (B) an analysis of the impact of the discontinuation of services and closures on health care access and ability to meet surge demand due to emergency (such as a pandemic or climate disaster); (C) recommendations for such administrative or legislative changes as the Secretary determines appropriate to preserve access to essential services nationwide. (6) Definitions \nIn this subsection: (A) Applicable hospital \nThe term applicable hospital means a hospital that submits a notification under paragraph (1)(A)(i) of a discontinuation of services or full hospital closure. (B) Discontinuation \nThe term discontinuation may include any reduction or discontinuation of services furnished by an applicable hospital, including those that occur as part of a merger or acquisition agreement. (C) Essential services \nThe term essential services means, with respect to an applicable hospital, services that are necessary for preserving health care access (as determined by the Secretary), including services for which the Secretary determines— (i) there are no equivalent services available within the same travel time; (ii) that loss of the services would result in meaningful reductions in surge capacity that will negatively impact access to services; (iii) that loss of the services would limit health care access for specific demographics of individuals based on sex, sexuality, race, nationality, age, or disability status; (iv) that loss of the services would have a meaningful impact on the ability of health systems to respond to impacts of climate change; or (v) there is a health or health care-related emergency declaration status applicable to the surrounding geographical area of the hospital on the date on which the hospital submits notification under paragraph (1)(A)(i) of a discontinuation of services or full hospital closure. (D) Notification period \nThe term notification period means, with respect to an applicable hospital, the period beginning on the date on which the hospital submits notification under paragraph (1)(A)(i) of a discontinuation of services or full hospital closure and ending on the date of such discontinuation of services or closure. (7) No preemption of State law \nNothing in subsection (a)(1)(Z) or this subsection shall be construed to limit any rights or remedies under State or local law relating to protecting access to essential services or reviewing proposed hospital closures or reduction of services..", "id": "idD52EFB1A8FCB433C8CB41B24EC1B73CD", "header": "Maintenance of health care access relating to hospital discontinuation of services or closure" }, { "text": "202. Empowering community health in environmental justice communities \nSection 10503 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 254b–2 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (E), by striking and at the end; and (ii) by adding at the end the following: (G) $130,000,000,000 for the period of fiscal years 2024 through 2028; and ; and (B) in paragraph (2)— (i) in subparagraph (G), by striking and at the end; (ii) in subparagraph (H), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (I) $2,000,000,000 for each of fiscals years 2024 through 2028. ; and (2) by adding at the end the following: (f) Environmental justice communities \nThe Secretary shall ensure that not less than 50 percent of the amounts appropriated under subsection (b) on or after 2024 are awarded to entities for use with respect to projects or sites located in or serving environmental justice communities (as defined in section 2 of the Green New Deal for Health Act ). (g) Prohibition \nNo amounts made available under this section may be used for any activity that is subject to the reporting requirements set forth in section 203(a) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 433(a) )..", "id": "id6F5B0EAC80ED4BB0999A1DB35406C094", "header": "Empowering community health in environmental justice communities" }, { "text": "301. Green Hill-Burton funds for climate-ready medical facilities \n(a) Grants for construction or modernization projects \n(1) In general \nSection 1610(a) of the Public Health Service Act ( 42 U.S.C. 300r(a) ) is amended— (A) in paragraph (1)(A)— (i) in clause (i), by striking , or and inserting a semicolon; (ii) in clause (ii), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (iii) increase capacity to provide essential health care and update medical facilities to become more resilient to climate disasters and public health crises to ensure access and availability of quality health care for communities in need. ; and (B) by striking paragraph (3) and inserting the following: (3) Priority \nIn awarding grants under this subsection, the Secretary shall give priority to applicants whose projects will include, by design, resilience against natural disasters, climate change mitigation, or other necessary predisaster adaptations to ensure continuous health care access and combat health risks due to climate change, such as— (A) installation of onsite distributed generation that combines energy-efficient devices, energy storage, and renewable energy in accordance with modern electrical safety standards for medical facilities to allow the medical facility to access essential energy during power outages and optimize use of onsite and offsite energy sources for emissions reductions; (B) improving air conditioning, monitoring, and purifying through installation of high-efficiency heat pumps that provide both cooling and heating, air purifiers, air filtration systems, and air quality monitoring systems integrated with energy systems and energy efficiency considerations in preparation for future natural hazards and public health crises, such as wildfire, smog, extreme heat events, and pandemics; (C) installation and maintenance of wetlands, drainage ponds, and any other green infrastructure to protect the medical facility from projected severe effects with respect to extreme weather, natural disasters, or climate-change-related events, including sea-level rise, flooding, and increased risk of wildfire; (D) green rooftops, walls, and indoor plantings, particularly those that can provide publicly accessible temperature management and air quality improvements; (E) tree planting and other green infrastructure to create publicly accessible cool space to address urban heat islands; (F) infrastructure upgrades that protect access routes to the medical facility, such as long-term flood, wildfire, and other disaster mitigation for the roads, sidewalks, and public transit infrastructure that service the medical facility; (G) the long-term maintenance of decarbonization and zero-emissions infrastructure; and (H) any other type of plan or project the Secretary determines will increase the sustainability and resiliency of a medical facility, protect patient health and community access during extreme weather, and advance environmental justice. (4) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $100,000,000,000 for fiscal year 2024, to remain available until expended.. (2) Technical amendment \nSection 1610(b) of the Public Health Service Act ( 42 U.S.C. 300r(b) ) is amended by striking paragraph (3). (b) Medical facility project applications \n(1) In general \nSection 1621(b)(1) of the Public Health Service Act ( 42 U.S.C. 300s–1(b)(1) ) is amended— (A) in subparagraph (J), by striking and at the end; (B) in subparagraph (K), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (L) reasonable assurance that the facility will have adequate staffing to fulfill the community service obligation; and (M) reasonable assurance that the facility— (i) has a collective bargaining agreement with 1 or more labor organizations representing employees at the facility; or (ii) has an explicit policy not to interfere with the rights of employees of the facility under section 7 of the National Labor Relations Act.. (2) Application for planning grants \nSection 1621 of the Public Health Service Act ( 42 U.S.C. 300s–1 ) is amended by adding at the end the following: (c) Application for planning grants \nAn application for a project submitted under part A or B shall deemed to be complete for purposes of section 302(d)(2) of the Green New Deal for Health Act , and the application shall be deemed to have been submitted for purposes of consideration for a planning grant under that section..", "id": "id4f3377ae3b284799953d42ade543fc03", "header": "Green Hill-Burton funds for climate-ready medical facilities" }, { "text": "302. Planning and Evaluation Grant Program \n(a) Definitions \nIn this section: (1) Medical facility \nThe term medical facility means a hospital, public health center, outpatient medical facility, rehabilitation facility, facility for long-term care, or other facility (as may be designated by the Secretary) for the provision of health care to ambulatory patients. (2) Proposed project \nThe term proposed project means a construction or modernization project proposed by an eligible entity in a sustainability and resiliency plan. (3) Secretary \nThe term Secretary means the Secretary of Health and Human Services. (4) Sustainability and resiliency plan \nThe term sustainability and resiliency plan means a plan, including comprehensive preproject evaluation, for a construction or modernization project that would, in order to protect patient health and community access, enhance— (A) the sustainability of a medical facility and infrastructure surrounding the medical facility; and (B) the resiliency of that medical facility and infrastructure surrounding the medical facility to climate change and public health crises. (b) Establishment \nThe Secretary shall establish a grant program, to be known as the Planning and Evaluation Grant Program , under which the Secretary shall make planning grants to eligible entities to develop sustainability and resiliency plans for medical facilities owned or operated by the eligible entity and infrastructure surrounding the medical facilities. (c) Eligible entities \nTo be eligible to receive a planning grant under subsection (b), an applicant shall be— (1) a State, Tribal government, or political subdivision of a State or Tribal government, including any city, town, county, borough, hospital district authority, or public or quasi-public corporation; or (2) a nonprofit private entity. (d) Applications \n(1) In general \nExcept as provided in paragraph (2), an eligible entity seeking a planning grant under subsection (b) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may by regulation prescribe, including— (A) a description of the proposed project; (B) a summary and breakdown of the demographics of the patient population served or potentially served by the medical facility under the proposed project, including information on— (i) whether the medical facility is a facility for which a majority of the revenue the facility receives for patient care is from reimbursements for medical care furnished to Medicare and Medicaid beneficiaries under titles XVIII and XIX of the Social Security Act ( 42 U.S.C. 1395 et seq. and 1396 et seq.); and (ii) other indications that individuals vulnerable to climate change are served or potentially served by the medical facility; (C) a description of the ways in which the proposed project— (i) will carry out 1 or more activities described in subsection (g); (ii) meet the needs of the community the medical facility serves, especially the needs of vulnerable populations; and (iii) meet the sustainability and resiliency needs of the medical facility due to climate risks and hazards; (D) a description of whether the community served by the medical facility is an environmental justice community; (E) a description of the ways in which the planning grant would be used to carry out 1 or more planning and evaluation activities described in subsection (f); (F) reasonable assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of work on a project will be paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the Davis-Bacon Act ) and the Secretary of Labor shall have with respect to such labor standards the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code; and (G) reasonable assurance that the facility— (i) has a collective bargaining agreement with 1 or more labor organizations representing employees at the facility; or (ii) has an explicit policy not to interfere with the rights of employees at the facility under section 7 of the National Labor Relations Act ( 29 U.S.C. 157 ). (2) Additional applications \nAn application submitted under part A or B of title XVI of the Public Health Service Act ( 42 U.S.C. 300q et seq. and 42 U.S.C. 300r ) shall be deemed to be a complete application submitted for purposes of consideration for a planning grant under subsection (b). (e) Selection \nThe Secretary shall— (1) in coordination with the Secretary of Energy and the Administrator of the Environmental Protection Agency, if necessary, develop metrics to evaluate applications for planning grants under subsection (b); and (2) give priority to applications that focus on improving a medical facility— (A) for which— (i) a majority of the revenue the facility receives for patient care is from reimbursements for medical care furnished to Medicare and Medicaid beneficiaries under titles XVIII and XIX of the Social Security Act ( 42 U.S.C. 1395 et seq. and 1396 et seq.); or (ii) a high proportion of patients is uninsured, as determined by the Secretary; and (B) that is located in a neighborhood or serves a patient population that— (i) experiences low air quality; (ii) lacks green space; (iii) bears higher cumulative pollution burdens; or (iv) is at disproportionate risk of experiencing the adverse effects of climate change. (f) Planning activities \nPlanning and evaluation activities carried out by an eligible entity using grant funds received under subsection (b) shall include 1 or more of the following: (1) Performing project planning, community outreach and engagement, feasibility studies, and needs assessments of the local community and patient populations. (2) Performing engineering and climate-risk assessments of the medical facility infrastructure and the access routes to the medical facility. (3) Providing management and operational assistance for developing and receiving funding for the proposed project. (4) Other planning and evaluation activities and assessments as the Secretary determines appropriate. (g) Proposed projects \nConstruction and modernization activities carried out by a proposed project under a sustainability and resiliency plan developed pursuant to a planning grant received under subsection (b) may include— (1) improvements to the infrastructure, buildings, and grounds of the medical facility, including— (A) installation of onsite distributed generation that combines energy-efficient devices, energy storage, and renewable energy in accordance with modern electrical safety standards for medical facilities to allow the medical facility to access essential energy during power outages and optimize use of onsite and offsite energy sources for emissions reductions; and (B) improving air conditioning, monitoring, and purifying through installation of high-efficiency heat pumps that provide both cooling and heating, air purifiers, air filtration systems, and air quality monitoring systems integrated with energy systems and energy efficiency considerations in preparation for future natural hazards and public health crises such as wildfire, smog, extreme heat events, and pandemics; (2) green infrastructure projects, such as— (A) installation and maintenance of wetlands, drainage ponds, and any other green infrastructure that would protect the medical facility from projected severe effects with respect to extreme weather, natural disasters, or climate-change-related events, including sea-level rise, flooding, and increased risk of wildfire; and (B) green rooftops, walls, and indoor plantings, particularly those that can provide publicly accessible temperature management and air quality improvements; (3) resiliency projects to secure local accessibility to the medical facility by protecting the access routes to the medical facility, such as— (A) infrastructure upgrades that protect access routes to the medical facility, such as long-term flood, wildfire, and other disaster mitigation for the roads, sidewalks, and public transit infrastructure that service the medical facility; and (B) the long-term maintenance of decarbonization and zero-emissions infrastructure; and (4) any other type of activity the Secretary determines will increase the sustainability and resiliency of a medical facility and protect patient health and community access during extreme weather. (h) Amount of grant \nThe total amount of a grant under subsection (b) shall not exceed $500,000. (i) Technical assistance \nThe Secretary, in coordination with the Secretary of Energy, the Administrator of the Environmental Protection Agency, and the Secretary of Transportation, if necessary, directly or through partnerships with States, Tribal governments, and nonprofit organizations, shall provide technical assistance to eligible entities interested in carrying out proposed projects that— (1) serve environmental justice communities or medically underserved communities; (2) demonstrate a commitment to provide job training, apprenticeship programs, and contracting opportunities to residents and small businesses owned by residents of the community that the medical facility serves; (3) identify and further community priority actions and conduct robust community engagement; and (4) employ nature-based solutions that focus on protection, restoration, or management of ecological systems to safeguard public health, provide clean air and water, increase natural hazard resilience, and sequester carbon. (j) Prohibition on training repayment \nAs a condition of receiving a grant or technical assistance under this section, an eligible entity shall certify that the eligible entity does not use, and if the eligible entity contracts with any staffing agency or training provider, that such agency or provider does not use, any provision in employment agreements, job training agreements, or apprenticeship program agreements that would require an employee or training or apprenticeship program participant to pay a debt if the employee or training or apprenticeship program participant's employment or work relationship or training period with a specified employer or business entity is terminated. (k) Environmental justice communities \nThe Secretary shall ensure that not less than 50 percent of grant funds awarded under subsection (b) are used for sustainability and resiliency plans for proposed projects located in environmental justice communities. (l) Authorization of Appropriations \nThere is authorized to be appropriated to the Secretary to carry out this section $5,000,000,000 for fiscal year 2024, to remain available until expended.", "id": "id58fa67e013604634854b0e947a324e21", "header": "Planning and Evaluation Grant Program" }, { "text": "401. Office of Sustainability and Environmental Impact \n(a) Establishment \nThere is hereby established in the Centers for Medicare & Medicaid Services an Office of Sustainability and Environmental Impact (in this section referred to as the Office ) to prepare the health care system for the impacts of climate change by supporting health care decarbonization, sustainability, and environmental efforts and to ensure that the health care system minimizes and mitigates its climate harm while advancing patient health and safety. (b) Priority goals \nThe Office shall— (1) collaborate with the Office of Climate Change and Health Equity, the Environmental Protection Agency, and other interagency committees to support a whole-of-government and whole-of-health approach to addressing the climate crisis; (2) develop and promulgate regulations that support climate-informed care, support health care decarbonization and sustainability, and mitigate the environmental impacts of the health care system upon patients, communities, and health care workers; (3) develop and promulgate regulations that support patient access to, and coverage of, climate-informed health care services to prevent and address the health impacts of climate change; (4) conduct oversight of health care systems, their climate emissions, and environmental harms and provide interagency technical assistance in remediating such emissions and environmental harms; and (5) issue Climate-Friendly health system designations and accreditations that identify health systems that demonstrate commitment to, and substantial evidence of, reducing emissions and environmental harm while advancing health care quality and patient and worker safety. (c) Director \n(1) In general \nThe Office shall be headed by a Director, to be known as the Director of Sustainability and Environmental Impact, who shall be appointed by the Secretary of Health and Human Services (in this section referred to as the Secretary ). (2) Functions \nThe Director shall— (A) convene stakeholders (including key health care stakeholders) for strategic planning towards the priority goals of the Office; (B) advise the Secretary and the Administrator of the Centers for Medicare & Medicaid Services in matters of sustainability and environmental impact and the role of the Centers for Medicare & Medicaid Services in sustainability and environmental impact; (C) collaborate with academic experts and community leaders to understand and establish best practices for decarbonizing health care operations; and (D) develop and evaluate the Office's strategy to tackle health care decarbonization and sustainability and mitigating environmental impacts within the Centers for Medicare & Medicaid Services. (d) Report to Congress \nNot later than 2 years after the date of the enactment of this Act, and every 2 years thereafter, the Secretary shall submit to Congress a Health Care Sustainability and Environmental Impact Report, which shall be prepared by the Director of Sustainability and Environmental Impact, with appropriate assistance from other agencies in the executive branch of the Federal Government. Each such report shall include the following: (1) A summary of interagency collaboration. (2) A methodology to designate and accredit health systems that achieve substantial reductions in emissions and environmental harm as Climate-Friendly health systems. (3) An inventory of Climate-Friendly designated health systems, their strategies, challenges, and best practices for sustainability and mitigating environmental impact, and any significant effects of these efforts on— (A) quality of care; (B) patient safety; (C) safety of health care workers and health care facility workers; (D) health care costs; and (E) environmental health and overall health of the community served. (4) An analysis of the demographics and climate vulnerability of patients and types of communities served by Climate-Friendly health systems. (5) Recommendations for actions by health systems and for Federal technical assistance and supportive resources for the health system to achieve substantial reductions in emissions and environmental harm in order to attain Climate-Friendly designation. (6) A summary of oversight efforts of the Centers for Medicare & Medicaid Services regarding emissions and environmental impacts and payment and coverage impacts on climate change preparedness, mitigation, and response. (7) Recommendations for such legislation and administration action as the Secretary determines appropriate to regulate and promote health care sustainability, decarbonization, and mitigate environmental impact within the health care system. (e) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2024 through 2033.", "id": "id2163E1ABA83E40FAA3DE4C92944AFE8A", "header": "Office of Sustainability and Environmental Impact" }, { "text": "402. Climate risk disclosure for medical supplies \nSubchapter B 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 the following: 524C. Climate risk disclosure for medical supplies \n(a) Task force \n(1) In general \nThe Secretary, in coordination with the Commissioner and the Administrator of the Environmental Protection Agency, shall establish a task force for purposes of developing a strategy to establish climate risk disclosure policies for manufacturers of drugs (including biological products) and devices. (2) Duties \nThe task force established under paragraph (1) shall— (A) recommend a methodology for drug and device manufacturers to calculate the emissions and climate risk due to clinical use of the drug or device, factoring in emissions from the manufacture, transport, use, processing, reprocessing, and waste relating to the drug or device; (B) recommend a policy and process for mandatory public disclosure of emissions and climate risk relating to drugs and devices; (C) recommend a policy for oversight of disclosures to ensure accuracy and transparency of emissions reporting as described in subparagraph (B), and to ensure that patient safety and necessary access is maintained; (D) develop methods to disseminate information to clinicians for low environmental impact options for clinically equivalent treatment options; (E) develop suggestions for the reduction of emissions by drug and device manufacturers without harming or risking patient safety; and (F) provide technical assistance and establish partnerships to facilitate lower emissions design and manufacture of comparable drugs and comparable devices. (3) Membership \nThe task force established under paragraph (1) shall be composed of the following: (A) 3 representatives of the Food and Drug Administration, appointed by the Commissioner. (B) 3 representatives of the Environmental Protection Agency, appointed by the Administrator of the Environmental Protection Agency. (C) 3 representatives of the Office of Climate Change and Health Equity of the Department of Health and Human Services, appointed by the Secretary. (b) Regulations \nNot later than 1 year after the date of enactment of the Green New Deal for Health Act , the Secretary shall promulgate regulations to— (1) establish mandatory climate risk disclosure and transparency policies for drugs and devices approved, licensed, or cleared under section 505, 510(k), 513(f)(2), or 515 of this Act or section 351 of the Public Health Service Act; and (2) incorporate climate risk into policies related to transparency, labeling, and other regulatory policies related to drugs and devices, based on the recommendations of the task force described in subsection (a). (c) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $4,000,000 for fiscal year 2024, to remain available until expended..", "id": "id21D149526C2B44D3B0272D06493F8411", "header": "Climate risk disclosure for medical supplies" }, { "text": "524C. Climate risk disclosure for medical supplies \n(a) Task force \n(1) In general \nThe Secretary, in coordination with the Commissioner and the Administrator of the Environmental Protection Agency, shall establish a task force for purposes of developing a strategy to establish climate risk disclosure policies for manufacturers of drugs (including biological products) and devices. (2) Duties \nThe task force established under paragraph (1) shall— (A) recommend a methodology for drug and device manufacturers to calculate the emissions and climate risk due to clinical use of the drug or device, factoring in emissions from the manufacture, transport, use, processing, reprocessing, and waste relating to the drug or device; (B) recommend a policy and process for mandatory public disclosure of emissions and climate risk relating to drugs and devices; (C) recommend a policy for oversight of disclosures to ensure accuracy and transparency of emissions reporting as described in subparagraph (B), and to ensure that patient safety and necessary access is maintained; (D) develop methods to disseminate information to clinicians for low environmental impact options for clinically equivalent treatment options; (E) develop suggestions for the reduction of emissions by drug and device manufacturers without harming or risking patient safety; and (F) provide technical assistance and establish partnerships to facilitate lower emissions design and manufacture of comparable drugs and comparable devices. (3) Membership \nThe task force established under paragraph (1) shall be composed of the following: (A) 3 representatives of the Food and Drug Administration, appointed by the Commissioner. (B) 3 representatives of the Environmental Protection Agency, appointed by the Administrator of the Environmental Protection Agency. (C) 3 representatives of the Office of Climate Change and Health Equity of the Department of Health and Human Services, appointed by the Secretary. (b) Regulations \nNot later than 1 year after the date of enactment of the Green New Deal for Health Act , the Secretary shall promulgate regulations to— (1) establish mandatory climate risk disclosure and transparency policies for drugs and devices approved, licensed, or cleared under section 505, 510(k), 513(f)(2), or 515 of this Act or section 351 of the Public Health Service Act; and (2) incorporate climate risk into policies related to transparency, labeling, and other regulatory policies related to drugs and devices, based on the recommendations of the task force described in subsection (a). (c) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $4,000,000 for fiscal year 2024, to remain available until expended.", "id": "id8EBEA08E2BCE46DC97FA12970EC27079", "header": "Climate risk disclosure for medical supplies" }, { "text": "403. Green health care manufacturing \n(a) In general \nThere is established a Federal interagency working group, to be known as the Council on Green Health Care Manufacturing (referred to in this section as the Council ). (b) Membership \nThe membership of the Council shall consist of— (1) the Secretary of Health and Human Services (referred to in this section as the Secretary ), who shall serve as the Chair; (2) the Secretary of Energy; (3) the Secretary of Transportation; (4) the Secretary of Labor; (5) the Administrator of the Environmental Protection Agency; (6) the Director of the Office of Climate Change and Health Equity; (7) the Director of Sustainability and Environmental Impact; (8) the Chair of the Council on Environmental Quality; (9) the United States Trade Representative; and (10) the heads of other Federal agencies, as determined necessary by the Chair. (c) Duties \n(1) Assessment and report \n(A) In general \nNot later than 1 year after the date of enactment of this Act, the Council shall conduct an assessment of global and domestic medical supply chains, including an assessment of— (i) the environmental and climate impacts of medical supply chains, including— (I) emissions from the production, transportation, and packaging of medical and pharmaceutical products; (II) chemical and other environmental pollution; (III) excessive energy consumption; (IV) negative externalities relating to waste; and (V) any other environmental or climate impacts the Council determines relevant; (ii) labor conditions for workers in the United States and globally who produce medical and pharmaceutical products consumed by individuals residing in the United States, including the degree to which such workers— (I) are ensured a protected right to organize; (II) are provided adequate workplace safety protections; and (III) are adequately compensated; (iii) efficiency and resiliency of processes under medical supply chains, including the ability of medical supply chains to adapt to sudden shifts in demand, including shifts in demand within discrete geographic regions; (iv) the reliance of the United States on international supply chains for medical products, including information about which types of medical products are primarily manufactured outside of the United States, and where such products are manufactured; and (v) human rights abuses in manufacturing of medical and pharmaceutical products and sourcing of those products, including abuses of indigenous rights and traditions. (B) Report \nOn completion of the assessment conducted under subparagraph (A), the Council shall submit to Congress and make publicly available a report, to be known as the Green Health Care Manufacturing Report , that describes the findings of the assessment. (2) Recommendations \n(A) In general \nBased on the findings of the assessment conducted under paragraph (1)(A), the Council shall develop recommendations for regulations that would support a medical supply chain that is— (i) sustainable; (ii) free of greenhouse gas emissions; and (iii) based in the United States. (B) Inclusions \nThe proposed regulations under subparagraph (A) shall— (i) support good labor conditions, worker protections, and employee rights to organize and collectively bargain; and (ii) ensure the global trade competitiveness of the United States, including by considering the comparative carbon intensity of domestic and internationally manufactured pharmaceuticals and medical products. (3) Grant program \nBased on the findings of the assessment conducted under paragraph (1)(A), the Council shall develop recommendations for a grant program to be carried out by the Secretary under which the Secretary would make grants for medical manufacturing to support the development and establishment of sustainable and zero-emission medical supply chains based in the United States. (d) Regulations \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary shall develop and promulgate regulations to support a medical supply chain that is— (A) sustainable; (B) free of greenhouse gas emissions; and (C) based in the United States. (2) Requirement \nThe Secretary shall develop the regulations under paragraph (1) based on the recommendations for regulations developed by the Council under subsection (c)(2). (e) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as are necessary.", "id": "id6a2764641a544875aba0ba3c9c63f91e", "header": "Green health care manufacturing" }, { "text": "501. Education and training relating to health risks associated with climate change \nPart D of title VII of the Public Health Service Act ( 42 U.S.C. 294 et seq. ) is amended by inserting after section 757 the following: 758. Education and training relating to health risks associated with climate change \n(a) In general \nNot later than 1 year after the date of the enactment of the Green New Deal for Health Act , the Secretary shall establish a competitive grant program to award grants to health professions schools to support the development and integration into such schools of education and training programs for identifying, treating, and mitigating mental and physical health risks associated with climate change for whole populations and for individuals disproportionately affected by climate change. (b) Application \nTo be eligible for a grant under this section, a health profession school shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require, which shall include, at a minimum, a description of the following: (1) How the health profession school will engage with frontline communities to climate change or environmental justice communities, and stakeholder organizations representing such communities, in developing and implementing the education and training programs supported by the grant. (2) How the health profession school will engage with individuals disproportionately affected by climate change, and stakeholder organizations representing such individuals, in developing and implementing the education and training programs supported by the grant. (3) How the health profession school will ensure that such education and training programs will address racial and ethnic disparities in exposure to, and the effects of, risks associated with climate change for individuals vulnerable to climate change. (4) How the health profession school will build inclusive career opportunities and pathways to build up and expand the health care workforce ready to address the health burdens of climate change. (c) Use of funds \nA health profession school awarded a grant under this section shall use the grant funds to develop, and integrate into the curriculum and continuing education of such health profession school, education and training on each of the following: (1) Identifying risks associated with climate change for individuals disproportionately affected by climate change, with consideration of co-morbidities and socioeconomic risk factors. (2) Identifying risks to reproductive health associated with climate change for individuals disproportionately affected by climate change. (3) How risks and combinations of risks associated with climate change affect individuals disproportionately affected by climate change and individuals with the intent to become pregnant. (4) Racial and ethnic disparities in exposure to, and the effects of, risks associated with climate change for individuals disproportionately affected by climate change and individuals with the intent to become pregnant. (5) Patient counseling and mitigation strategies relating to risks associated with climate change for both mental and physical health for individuals disproportionately affected by climate change. (6) Relevant services and support for individuals disproportionately affected by climate change relating to risks associated with climate change and strategies for ensuring that such individuals have access to such services and support. (7) Implicit and explicit bias, racism, and discrimination. (8) Related topics identified by such health profession school based on the engagement of such health profession school with individuals vulnerable to climate change and stakeholder organizations representing such individuals. (d) Partnerships \nIn carrying out activities with grant funds, a health profession school awarded a grant under this section may partner with one or more of the following: (1) A State, local, or Tribal public health department. (2) A labor union organization representing workers in health care settings. (3) A health care professional membership association. (4) A patient advocacy organization. (5) A community health center or organization. (6) A health profession school or other institution of higher education, which may be a health profession school. (7) A public school or school district. (e) Technical assistance \nThe Secretary shall provide technical assistance to health profession schools and partnership organizations to assist application planning and preparation for schools and partnerships that train individuals from, and that serve, medically underserved communities. (f) Reports to secretary \n(1) Annual report \nFor each fiscal year during which a health profession school receives grant funds under this section, such health profession school shall submit to the Secretary a report that describes the activities carried out with such grant funds during such fiscal year. (2) Final report \nNot later than the date that is 1 year after the end of the last fiscal year during which a health profession school receives grant funds under this section, the health profession school shall submit to the Secretary a final report that summarizes the activities carried out with such grant funds. (g) Report to congress \nNot later than 6 years after the date on which the program is established under subsection (a), the Secretary shall submit to Congress and publish on the public website of the Department of Health and Human Services a report that includes the following: (1) A summary of the reports submitted under subsection (e). (2) Recommendations to improve education and training programs at health profession schools with respect to identifying and addressing risks associated with climate change for individuals vulnerable to climate change. (h) Definitions \nIn this section: (1) Environmental justice community \nThe term environmental justice community has the meaning given such term in section 2 of the Green New Deal for Health Act. (2) Health profession school \nThe term health profession school means an accredited— (A) medical school; (B) school of nursing; (C) midwifery program or other evidence-based birth care training program; (D) physician assistant education program; (E) school of psychiatry, psychology, counseling, or social work; (F) career and technical education health sciences program; (G) public health program; (H) community health worker training program; (I) teaching hospital; (J) residency or fellowship program; or (K) other school or program determined appropriate by the Secretary. (3) Individual disproportionately affected by climate change \nThe term individual disproportionately affected by climate change means an individual that may face elevated mental and physical health risks due to climate change based on 2 or more of the following factors: (A) Age under 5 years old or over 65 years old. (B) Race and ethnicity, and experience of racial bias. (C) Sex, gender, and gender minority status. (D) Being of reproductive age. (E) Exposure to environmental health risks due to living conditions or location, including current or past experience of homelessness. (F) Occupation or exposure to occupational hazards. (G) Household income. (H) Disability. (I) Co-morbidities. (J) Current or past exposure to personal or systemic trauma, including natural disasters. (K) Immigration status. (L) Language isolation. (4) Medically underserved community \nThe term medically underserved community has the meaning given such term in section 799B. (i) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $9,000,000,000 for fiscal year 2024, to remain available until expended..", "id": "id1D8332AB710746C3918E66B7FF48C084", "header": "Education and training relating to health risks associated with climate change" }, { "text": "758. Education and training relating to health risks associated with climate change \n(a) In general \nNot later than 1 year after the date of the enactment of the Green New Deal for Health Act , the Secretary shall establish a competitive grant program to award grants to health professions schools to support the development and integration into such schools of education and training programs for identifying, treating, and mitigating mental and physical health risks associated with climate change for whole populations and for individuals disproportionately affected by climate change. (b) Application \nTo be eligible for a grant under this section, a health profession school shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require, which shall include, at a minimum, a description of the following: (1) How the health profession school will engage with frontline communities to climate change or environmental justice communities, and stakeholder organizations representing such communities, in developing and implementing the education and training programs supported by the grant. (2) How the health profession school will engage with individuals disproportionately affected by climate change, and stakeholder organizations representing such individuals, in developing and implementing the education and training programs supported by the grant. (3) How the health profession school will ensure that such education and training programs will address racial and ethnic disparities in exposure to, and the effects of, risks associated with climate change for individuals vulnerable to climate change. (4) How the health profession school will build inclusive career opportunities and pathways to build up and expand the health care workforce ready to address the health burdens of climate change. (c) Use of funds \nA health profession school awarded a grant under this section shall use the grant funds to develop, and integrate into the curriculum and continuing education of such health profession school, education and training on each of the following: (1) Identifying risks associated with climate change for individuals disproportionately affected by climate change, with consideration of co-morbidities and socioeconomic risk factors. (2) Identifying risks to reproductive health associated with climate change for individuals disproportionately affected by climate change. (3) How risks and combinations of risks associated with climate change affect individuals disproportionately affected by climate change and individuals with the intent to become pregnant. (4) Racial and ethnic disparities in exposure to, and the effects of, risks associated with climate change for individuals disproportionately affected by climate change and individuals with the intent to become pregnant. (5) Patient counseling and mitigation strategies relating to risks associated with climate change for both mental and physical health for individuals disproportionately affected by climate change. (6) Relevant services and support for individuals disproportionately affected by climate change relating to risks associated with climate change and strategies for ensuring that such individuals have access to such services and support. (7) Implicit and explicit bias, racism, and discrimination. (8) Related topics identified by such health profession school based on the engagement of such health profession school with individuals vulnerable to climate change and stakeholder organizations representing such individuals. (d) Partnerships \nIn carrying out activities with grant funds, a health profession school awarded a grant under this section may partner with one or more of the following: (1) A State, local, or Tribal public health department. (2) A labor union organization representing workers in health care settings. (3) A health care professional membership association. (4) A patient advocacy organization. (5) A community health center or organization. (6) A health profession school or other institution of higher education, which may be a health profession school. (7) A public school or school district. (e) Technical assistance \nThe Secretary shall provide technical assistance to health profession schools and partnership organizations to assist application planning and preparation for schools and partnerships that train individuals from, and that serve, medically underserved communities. (f) Reports to secretary \n(1) Annual report \nFor each fiscal year during which a health profession school receives grant funds under this section, such health profession school shall submit to the Secretary a report that describes the activities carried out with such grant funds during such fiscal year. (2) Final report \nNot later than the date that is 1 year after the end of the last fiscal year during which a health profession school receives grant funds under this section, the health profession school shall submit to the Secretary a final report that summarizes the activities carried out with such grant funds. (g) Report to congress \nNot later than 6 years after the date on which the program is established under subsection (a), the Secretary shall submit to Congress and publish on the public website of the Department of Health and Human Services a report that includes the following: (1) A summary of the reports submitted under subsection (e). (2) Recommendations to improve education and training programs at health profession schools with respect to identifying and addressing risks associated with climate change for individuals vulnerable to climate change. (h) Definitions \nIn this section: (1) Environmental justice community \nThe term environmental justice community has the meaning given such term in section 2 of the Green New Deal for Health Act. (2) Health profession school \nThe term health profession school means an accredited— (A) medical school; (B) school of nursing; (C) midwifery program or other evidence-based birth care training program; (D) physician assistant education program; (E) school of psychiatry, psychology, counseling, or social work; (F) career and technical education health sciences program; (G) public health program; (H) community health worker training program; (I) teaching hospital; (J) residency or fellowship program; or (K) other school or program determined appropriate by the Secretary. (3) Individual disproportionately affected by climate change \nThe term individual disproportionately affected by climate change means an individual that may face elevated mental and physical health risks due to climate change based on 2 or more of the following factors: (A) Age under 5 years old or over 65 years old. (B) Race and ethnicity, and experience of racial bias. (C) Sex, gender, and gender minority status. (D) Being of reproductive age. (E) Exposure to environmental health risks due to living conditions or location, including current or past experience of homelessness. (F) Occupation or exposure to occupational hazards. (G) Household income. (H) Disability. (I) Co-morbidities. (J) Current or past exposure to personal or systemic trauma, including natural disasters. (K) Immigration status. (L) Language isolation. (4) Medically underserved community \nThe term medically underserved community has the meaning given such term in section 799B. (i) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $9,000,000,000 for fiscal year 2024, to remain available until expended.", "id": "id5063FA34409A45B291DF6755A332E626", "header": "Education and training relating to health risks associated with climate change" }, { "text": "502. Building a community health workforce for the climate crisis \nSection 399V of the Public Health Service Act ( 42 U.S.C. 280g–11 ) is amended— (1) in subsection (b)— (A) by redesignating the paragraphs (2) through (6) as paragraphs (4) through (8), respectively; (B) by inserting after paragraph (1) the following: (2) build career paths for community health workers by— (A) establishing accessible, inclusive, low-cost or no-cost training, credentialing, or apprenticeship opportunities for community health workers to acquire skills and expertise concerning health risks caused by climate change and environmental hazards; (B) establishing accessible, inclusive, low-cost or no-cost educational, training, credentialing, or apprenticeship opportunities for entry into the community health worker profession; or (C) expanding career advancement opportunities and career pathways, including scholarships for advanced or specialized training; (3) expand the community health workforce by establishing permanent community health worker positions that pay, at minimum, the prevailing wage for such workers, through long-term, stable funding, in order to staff the medical needs of a community sufficiently while ensuring reasonable workloads for individual workers; ; (C) in paragraph (4) (as so redesignated)— (i) in subparagraph (A)(i), by inserting and linguistically isolated populations before the semicolon; and (ii) in subparagraph (B)— (I) in clause (i), by striking and after the semicolon; (II) by redesignating clause (ii) as clause (iii); and (III) by inserting after clause (i) the following: (ii) connecting population groups at disproportionate risk for specific health threats and effects from environmental hazards, climate change, and extreme weather, such as increased heat-related illnesses and injuries, degraded air and water quality, vector-borne illnesses, mental and behavioral health effects, and food, water, and nutrient insecurity to available resources; and ; (D) in paragraph (7) (as so redesignated), by striking and after the semicolon; (E) in paragraph (8) (as so redesignated), by striking the period at the end and inserting a semicolon; and (F) by adding at the end the following: (9) support community health workers in educating, guiding, and providing home visitation services regarding the assessment and mitigation of the health risks of climate change, including geography-specific and condition-specific risks and environmental health hazards and the cumulative health impacts of such risks and hazards; and (10) provide outreach and communication to promote preparedness and response strategies to climate change and extreme weather. ; (2) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (D), by striking or at the end; (ii) in subparagraph (E), by adding or after the semicolon; and (iii) by adding at the end the following: (F) environmental justice communities (as defined in section 2 of the Green New Deal for Health Act ); ; (B) in paragraph (3), by inserting and experience training community health workers before the semicolon; (C) in paragraph (4), by striking and at the end; (D) in paragraph (5), by striking the period at the end and inserting ; and ; and (E) by adding at the end the following: (6) have a documented collective bargaining agreement with 1 or more labor organizations representing employees of the applicant or have an explicit policy not to interfere with the rights of employees of the applicant under section 7 of the National Labor Relations Act. ; (3) by redesignating subsections (e) through (j) as subsections (f) through (k), respectively; (4) by inserting after subsection (d) the following: (e) Workforce expansion \nThe Secretary, in consultation with the Secretary of Labor, shall develop a plan to expand the community health workforce by 150,000 workers by 2028 through the creation of career pathways, full-time positions, and training opportunities described in subsection (b). ; (5) in subsection (j) (as so redesignated), by striking $50,000,000 for each of fiscal years 2023 through 2027 and inserting $10,000,000,000 for each of fiscal years 2024 through 2033 ; and (6) in paragraph (1) of subsection (k) (as so redesignated)— (A) by inserting a nonprofit community health organization, a nonprofit community health worker association, after a public health department, ; and (B) by striking ((as defined and inserting (as defined.", "id": "id90CD93643AAD4BF1AE8E77AEB4BB42E8", "header": "Building a community health workforce for the climate crisis" }, { "text": "503. Safeguarding essential health care workers \nThe Public Health Service Act is amended by inserting after section 319D–1 ( 42 U.S.C. 247d–4b ) the following: 319D–2. Emergency grants to safeguard essential health care workers \n(a) Definitions \nIn this section: (1) Emergency or disaster \nThe term emergency or disaster means— (A) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; (B) an emergency declared by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; (C) a national emergency declared by the President under the National Emergencies Act; (D) a public health emergency declared under section 319; and (E) a State or local emergency or disaster, as declared by the applicable State or local government. (2) Eligible health care worker \nThe term eligible health care worker means an essential health care worker whose work cannot be conducted remotely. (3) Essential health care worker \nThe term essential health care worker means— (A) a health care provider, including a direct care worker (as defined in section 799B); (B) a medical technologist; (C) a public health worker; (D) an orderly (as defined in the 2010 Standard Occupational Classifications of the Department of Labor under the code for Orderlies (31–1015)); (E) an environmental service, janitorial, or custodial worker in a health care setting; and (F) any other professional role that the Secretary determines is essential to the care of patients or the maintenance of public health. (b) Grants \n(1) In general \nThe Secretary may make grants to public or private nonprofit health care facilities and home health agencies for use in accordance with paragraph (2). (2) Use of funds \n(A) Hazardous duty compensation \n(i) In general \nThe recipient of a grant under paragraph (1) shall use the grant funds to provide hazardous duty compensation to eligible health care workers for work performed during the period of an emergency or disaster in cases in which the Secretary determines that— (I) the performance of the work by the eligible health care worker for the applicable health care facility or home health agency is hazardous; or (II) the commute of the eligible health care worker is hazardous. (ii) Requirement \n(I) In general \nSubject to subclause (II), the amount of hazardous duty compensation under clause (i) shall be not more than $13 per hour, which shall be in addition to the wages or remuneration the eligible health care worker otherwise receives for the work. (II) Maximum amount \nThe total amount of hazardous duty compensation received by any 1 eligible health care worker under this subparagraph may not exceed $25,000 per year. (B) Additional uses \nThe recipient of a grant under paragraph (1) may use the grant funds to provide safety measures to safeguard and protect eligible health care workers from hazards due to the applicable emergency or disaster, including alternative transit options, personal protective equipment, and other safety measures. (c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary..", "id": "id3CB60F11E1AB42F4BDF536679405AC57", "header": "Safeguarding essential health care workers" }, { "text": "319D–2. Emergency grants to safeguard essential health care workers \n(a) Definitions \nIn this section: (1) Emergency or disaster \nThe term emergency or disaster means— (A) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; (B) an emergency declared by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; (C) a national emergency declared by the President under the National Emergencies Act; (D) a public health emergency declared under section 319; and (E) a State or local emergency or disaster, as declared by the applicable State or local government. (2) Eligible health care worker \nThe term eligible health care worker means an essential health care worker whose work cannot be conducted remotely. (3) Essential health care worker \nThe term essential health care worker means— (A) a health care provider, including a direct care worker (as defined in section 799B); (B) a medical technologist; (C) a public health worker; (D) an orderly (as defined in the 2010 Standard Occupational Classifications of the Department of Labor under the code for Orderlies (31–1015)); (E) an environmental service, janitorial, or custodial worker in a health care setting; and (F) any other professional role that the Secretary determines is essential to the care of patients or the maintenance of public health. (b) Grants \n(1) In general \nThe Secretary may make grants to public or private nonprofit health care facilities and home health agencies for use in accordance with paragraph (2). (2) Use of funds \n(A) Hazardous duty compensation \n(i) In general \nThe recipient of a grant under paragraph (1) shall use the grant funds to provide hazardous duty compensation to eligible health care workers for work performed during the period of an emergency or disaster in cases in which the Secretary determines that— (I) the performance of the work by the eligible health care worker for the applicable health care facility or home health agency is hazardous; or (II) the commute of the eligible health care worker is hazardous. (ii) Requirement \n(I) In general \nSubject to subclause (II), the amount of hazardous duty compensation under clause (i) shall be not more than $13 per hour, which shall be in addition to the wages or remuneration the eligible health care worker otherwise receives for the work. (II) Maximum amount \nThe total amount of hazardous duty compensation received by any 1 eligible health care worker under this subparagraph may not exceed $25,000 per year. (B) Additional uses \nThe recipient of a grant under paragraph (1) may use the grant funds to provide safety measures to safeguard and protect eligible health care workers from hazards due to the applicable emergency or disaster, including alternative transit options, personal protective equipment, and other safety measures. (c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary.", "id": "idf0a97eca6b5943d790160d16ae8b89f0", "header": "Emergency grants to safeguard essential health care workers" }, { "text": "601. Grants for resilient community mental health \nTitle III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by inserting after section 317V the following: 317W. Grant program for community wellness and resilience programs \n(a) Grants \n(1) Program grants \n(A) Awards \nThe Secretary, in coordination with the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration, shall carry out a program of awarding grants to eligible entities, on a competitive basis, for the purpose of establishing, operating, or expanding community mental wellness and resilience programs. (B) Amount \nAn eligible entity awarded a grant under subparagraph (A) may receive not more than $300,000 per year for not more than 4 years. (2) Planning grants \n(A) Awards \nThe Secretary, in coordination with the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration, shall award grants to entities— (i) to organize a resilience coordinating network that meets the requirements of subsection (c)(2); (ii) to perform assessments of need with respect to community mental wellness and resilience; and (iii) to prepare an application for a grant under paragraph (1). (B) Amount \nThe amount of a grant under subparagraph (A), with respect to any resilience coordinating network to be organized for applying for a grant under paragraph (1), shall not exceed $100,000. (b) Program requirements \nA community mental wellness and resilience program funded pursuant to a grant under subsection (a)(1) shall take a public health approach to mental health to strengthen the entire community’s psychological and emotional wellness and resilience, including by— (1) collecting and analyzing information from residents as well as quantitative data to identify— (A) protective factors that enhance and sustain the community’s capacity for mental wellness and resilience; and (B) risk factors that undermine such capacity; (2) strengthening such protective factors and addressing such risk factors; (3) building awareness, skills, tools, curricula, and leadership in the community to— (A) facilitate using a public health approach to mental health; and (B) heal mental health and psychosocial problems among all adults and youth; and (4) developing, implementing, and continually evaluating and improving a comprehensive strategic plan for carrying out the activities described in paragraphs (1), (2) and (3) that includes utilizing developmentally, linguistically, and culturally appropriate evidence-based, evidence-informed, promising-best, or indigenous practices for— (A) engaging community members in building social connections across cultural, geographic, and economic boundaries; (B) enhancing local economic and environmental conditions and environmental resilience, including with respect to the built environment; (C) becoming trauma-informed and learning simple self-administrable mental wellness and resilience skills; (D) engaging in community activities and mutual aid networks that strengthen mental wellness and resilience; (E) partaking in nonclinical group and community-minded recovery and healing programs; (F) embedding trauma-informed climate education and mental resilience curricula and programming into schools for students, workers, and the broader community; and (G) other activities to promote mental wellness and resilience, manage climate anxiety, and heal individual and community traumas. (c) Eligible entities \n(1) In general \nTo be eligible to receive a grant under subsection (a)(1), an applicant shall be a nonprofit or community organization that has— (A) organized a resilience coordinating network that meets the requirements of paragraph (2); and (B) been approved by such resilience coordinating network to serve as its fiscal sponsor. (2) Resilience coordinating networks described \nA resilience coordinating network organized under paragraph (1)(A) shall be composed of 1 or more representatives of entities from not fewer than 8 of the following categories: (A) Grassroots groups, neighborhood associations, and volunteer civic organizations. (B) Elementary and secondary schools, institutions of higher education including community colleges, job-training programs, and other education or training agencies or organizations. (C) Youth after-school and summer programs. (D) Family and early childhood education programs. (E) Faith and spirituality organizations. (F) Senior care organizations. (G) Climate change mitigation and adaptation, and environmental conservation, groups and organizations. (H) Social and environmental justice groups and organizations. (I) Disaster preparedness and response groups and organizations. (J) Local labor organizations. (K) Businesses and business associations. (L) Agencies and organizations involved with community safety. (M) Social work, mental health, behavioral health, substance use, physical health, and public health professionals; public health agencies and institutions; and mental health, behavioral health, social work, and other professionals, groups, organizations, agencies, and institutions in the health and human services fields. (N) The general public, including individuals who have experienced mental health or psychosocial problems who can represent and engage with populations relevant to the community. (d) Report \n(1) Submission \nNot later than December 31, 2028, the Secretary shall submit a report to the Congress on the results of the grants under subsection (a)(1). (2) Contents \nSuch report shall include a summary of the best practices used by grantees in establishing, operating, or expanding community mental wellness and resilience programs. (e) Technical assistance \nThe Secretary shall provide technical assistance— (1) to assist eligible entities in developing applications for grants under paragraph (1) or (2) of subsection (a); and (2) to enable the sharing of best practices learned from successful resilience coordinating networks. (f) Definitions \nIn this section: (1) The term community means people, groups, and organizations that reside in or work within a specific geographic area, such as a city, neighborhood, subdivision, urban, suburban, or rural locale. (2) The term community trauma means a blow to the basic fabric of social life that damages the bonds attaching people together, impairs their prevailing sense of community, undermines their fundamental sense of safety, justice, equity, and security, and heightens individual and collective fears and feelings of vulnerability. (3) The term mental wellness means a state of well-being in which an individual can— (A) realize their own potential; (B) constructively cope with the stresses of life; (C) work productively and fruitfully; and (D) make a contribution to their community. (4) The term protective factors means strengths, skills, resources, and characteristics that— (A) are associated with a lower likelihood of negative outcomes of adversities; or (B) reduce the impact on people of toxic stresses or a traumatic experience. (5) The term psychosocial problem means the ways in which an individual’s mental health or behavioral health problem disturbs others such as children, families, communities, or society. (6) The term public health approach to mental health means methods that— (A) take a population-level approach to promote mental wellness and resilience to prevent problems before they emerge and heal them when they do appear, not merely treating individuals one at a time after symptoms of pathology appear; and (B) address mental health and psychosocial problems by— (i) identifying and strengthening existing protective factors, and forming new ones, that buffer people from and enhance their capacity for psychological and emotional resilience; and (ii) taking a holistic systems perspective that recognizes that most mental health and psychosocial problems result from numerous interrelated personal, family, social, economic, and environmental factors that require multipronged community-based interventions. (7) The term resilience means that people develop cognitive, psychological, emotional capabilities and social connections that enable them to calm their body, mind, emotions, and behaviors during toxic stresses or traumatic experiences in ways that enable them to— (A) respond without negative consequences for themselves or others; and (B) use the experiences as catalysts to develop a constructive new sense of meaning, purpose, and hope. (8) The term Secretary means the Secretary, acting through the Director of the Centers for Disease Control and Prevention. (9) The term toxic stress means exposure to persistent overwhelming traumatic and stressful situations. (g) Funding \n(1) 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. (2) Rural communities \nThe Secretary shall award not less than 20 percent of the amounts made available under paragraph (1) for grants under paragraphs (1) and (2) of subsection (a) to eligible entities that are establishing, operating, or expanding community mental wellness and resilience programs that are located in or serve a rural area (as defined in section 520 of the Housing Act of 1949 ( 42 U.S.C. 1490 )). (3) Environmental justice communities \nThe Secretary shall award not less than 20 percent of the amounts made available under paragraph (1) for grants under paragraphs (1) and (2) of subsection (a) to eligible entities that are establishing, operating, or expanding community mental wellness and resilience programs that serve environmental justice communities (as defined in section 2 of the Green New Deal for Health Act )..", "id": "HD4CB28573120448198D7CEC35F4B2F69", "header": "Grants for resilient community mental health" }, { "text": "317W. Grant program for community wellness and resilience programs \n(a) Grants \n(1) Program grants \n(A) Awards \nThe Secretary, in coordination with the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration, shall carry out a program of awarding grants to eligible entities, on a competitive basis, for the purpose of establishing, operating, or expanding community mental wellness and resilience programs. (B) Amount \nAn eligible entity awarded a grant under subparagraph (A) may receive not more than $300,000 per year for not more than 4 years. (2) Planning grants \n(A) Awards \nThe Secretary, in coordination with the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration, shall award grants to entities— (i) to organize a resilience coordinating network that meets the requirements of subsection (c)(2); (ii) to perform assessments of need with respect to community mental wellness and resilience; and (iii) to prepare an application for a grant under paragraph (1). (B) Amount \nThe amount of a grant under subparagraph (A), with respect to any resilience coordinating network to be organized for applying for a grant under paragraph (1), shall not exceed $100,000. (b) Program requirements \nA community mental wellness and resilience program funded pursuant to a grant under subsection (a)(1) shall take a public health approach to mental health to strengthen the entire community’s psychological and emotional wellness and resilience, including by— (1) collecting and analyzing information from residents as well as quantitative data to identify— (A) protective factors that enhance and sustain the community’s capacity for mental wellness and resilience; and (B) risk factors that undermine such capacity; (2) strengthening such protective factors and addressing such risk factors; (3) building awareness, skills, tools, curricula, and leadership in the community to— (A) facilitate using a public health approach to mental health; and (B) heal mental health and psychosocial problems among all adults and youth; and (4) developing, implementing, and continually evaluating and improving a comprehensive strategic plan for carrying out the activities described in paragraphs (1), (2) and (3) that includes utilizing developmentally, linguistically, and culturally appropriate evidence-based, evidence-informed, promising-best, or indigenous practices for— (A) engaging community members in building social connections across cultural, geographic, and economic boundaries; (B) enhancing local economic and environmental conditions and environmental resilience, including with respect to the built environment; (C) becoming trauma-informed and learning simple self-administrable mental wellness and resilience skills; (D) engaging in community activities and mutual aid networks that strengthen mental wellness and resilience; (E) partaking in nonclinical group and community-minded recovery and healing programs; (F) embedding trauma-informed climate education and mental resilience curricula and programming into schools for students, workers, and the broader community; and (G) other activities to promote mental wellness and resilience, manage climate anxiety, and heal individual and community traumas. (c) Eligible entities \n(1) In general \nTo be eligible to receive a grant under subsection (a)(1), an applicant shall be a nonprofit or community organization that has— (A) organized a resilience coordinating network that meets the requirements of paragraph (2); and (B) been approved by such resilience coordinating network to serve as its fiscal sponsor. (2) Resilience coordinating networks described \nA resilience coordinating network organized under paragraph (1)(A) shall be composed of 1 or more representatives of entities from not fewer than 8 of the following categories: (A) Grassroots groups, neighborhood associations, and volunteer civic organizations. (B) Elementary and secondary schools, institutions of higher education including community colleges, job-training programs, and other education or training agencies or organizations. (C) Youth after-school and summer programs. (D) Family and early childhood education programs. (E) Faith and spirituality organizations. (F) Senior care organizations. (G) Climate change mitigation and adaptation, and environmental conservation, groups and organizations. (H) Social and environmental justice groups and organizations. (I) Disaster preparedness and response groups and organizations. (J) Local labor organizations. (K) Businesses and business associations. (L) Agencies and organizations involved with community safety. (M) Social work, mental health, behavioral health, substance use, physical health, and public health professionals; public health agencies and institutions; and mental health, behavioral health, social work, and other professionals, groups, organizations, agencies, and institutions in the health and human services fields. (N) The general public, including individuals who have experienced mental health or psychosocial problems who can represent and engage with populations relevant to the community. (d) Report \n(1) Submission \nNot later than December 31, 2028, the Secretary shall submit a report to the Congress on the results of the grants under subsection (a)(1). (2) Contents \nSuch report shall include a summary of the best practices used by grantees in establishing, operating, or expanding community mental wellness and resilience programs. (e) Technical assistance \nThe Secretary shall provide technical assistance— (1) to assist eligible entities in developing applications for grants under paragraph (1) or (2) of subsection (a); and (2) to enable the sharing of best practices learned from successful resilience coordinating networks. (f) Definitions \nIn this section: (1) The term community means people, groups, and organizations that reside in or work within a specific geographic area, such as a city, neighborhood, subdivision, urban, suburban, or rural locale. (2) The term community trauma means a blow to the basic fabric of social life that damages the bonds attaching people together, impairs their prevailing sense of community, undermines their fundamental sense of safety, justice, equity, and security, and heightens individual and collective fears and feelings of vulnerability. (3) The term mental wellness means a state of well-being in which an individual can— (A) realize their own potential; (B) constructively cope with the stresses of life; (C) work productively and fruitfully; and (D) make a contribution to their community. (4) The term protective factors means strengths, skills, resources, and characteristics that— (A) are associated with a lower likelihood of negative outcomes of adversities; or (B) reduce the impact on people of toxic stresses or a traumatic experience. (5) The term psychosocial problem means the ways in which an individual’s mental health or behavioral health problem disturbs others such as children, families, communities, or society. (6) The term public health approach to mental health means methods that— (A) take a population-level approach to promote mental wellness and resilience to prevent problems before they emerge and heal them when they do appear, not merely treating individuals one at a time after symptoms of pathology appear; and (B) address mental health and psychosocial problems by— (i) identifying and strengthening existing protective factors, and forming new ones, that buffer people from and enhance their capacity for psychological and emotional resilience; and (ii) taking a holistic systems perspective that recognizes that most mental health and psychosocial problems result from numerous interrelated personal, family, social, economic, and environmental factors that require multipronged community-based interventions. (7) The term resilience means that people develop cognitive, psychological, emotional capabilities and social connections that enable them to calm their body, mind, emotions, and behaviors during toxic stresses or traumatic experiences in ways that enable them to— (A) respond without negative consequences for themselves or others; and (B) use the experiences as catalysts to develop a constructive new sense of meaning, purpose, and hope. (8) The term Secretary means the Secretary, acting through the Director of the Centers for Disease Control and Prevention. (9) The term toxic stress means exposure to persistent overwhelming traumatic and stressful situations. (g) Funding \n(1) 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. (2) Rural communities \nThe Secretary shall award not less than 20 percent of the amounts made available under paragraph (1) for grants under paragraphs (1) and (2) of subsection (a) to eligible entities that are establishing, operating, or expanding community mental wellness and resilience programs that are located in or serve a rural area (as defined in section 520 of the Housing Act of 1949 ( 42 U.S.C. 1490 )). (3) Environmental justice communities \nThe Secretary shall award not less than 20 percent of the amounts made available under paragraph (1) for grants under paragraphs (1) and (2) of subsection (a) to eligible entities that are establishing, operating, or expanding community mental wellness and resilience programs that serve environmental justice communities (as defined in section 2 of the Green New Deal for Health Act ).", "id": "H81C9D8B1E7D34945AF05EFBE0B0D1FEE", "header": "Grant program for community wellness and resilience programs" }, { "text": "611. Definitions \nIn this subtitle: (1) Extreme heat \nThe term extreme heat means heat that substantially exceeds local climatological norms in terms of any combination of the following: (A) Duration of an individual heat event. (B) Intensity. (C) Season length. (D) Frequency. (2) Heat \nThe term heat means any combination of the atmospheric parameters associated with modulating human thermal regulation, such as air temperature, humidity, solar exposure, and wind speed. (3) Heat event \nThe term heat event means an occurrence of extreme heat that may have heat-health implications. (4) Heat-health \nThe term heat-health means mental and physical health effects to humans from heat or the risk of such effects. (5) Planning \nThe term planning means activities performed across time scales (including days, weeks, months, years, and decades) with scenario-based, probabilistic or deterministic information to identify and take actions to proactively mitigate heat-health risks from increased frequency, duration, and intensity of heat waves and increased ambient temperature. (6) Preparedness \nThe term preparedness means activities performed across time scales (including days, weeks, months, years, and decades) with probabilistic or deterministic information to manage risk in advance of a heat event and increased ambient temperature. (7) Tribal government \nThe term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (8) Vulnerable populations \nThe term vulnerable populations means populations that face health, financial, educational, or housing disparities that would render them more susceptible to the negative impacts of extreme heat.", "id": "idD6A571810ADB40B2AC612C357F31BC10", "header": "Definitions" }, { "text": "612. Study on extreme heat information and response \n(a) Study \n(1) In general \nNot later than 120 days after the date of the enactment of this Act, the Under Secretary of Commerce for Oceans and Atmosphere, in consultation with representatives from the Department of Health and Human Services as the Secretary of Health and Human Services considers appropriate, shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a study on extreme heat information and response, to be completed not later than 2 years after the date of the enactment of this Act. (2) Elements \nThe study described in paragraph (1) shall— (A) identify the policy, research, operations, communications, and data gaps affecting heat-health planning, preparedness, response, resilience, and adaptation, and impacts to vulnerable populations; (B) provide recommendations for addressing gaps identified under subparagraph (A); (C) provide recommendations, in addition to the recommendations provided under subparagraph (B), which may include strategies for— (i) communicating warnings to and promoting resilience of populations vulnerable to extreme heat; (ii) distributing extreme heat warnings, including to individuals with limited English proficiency and individuals who may have other established barriers to such information; (iii) designing warnings described in clause (ii) to convey the urgency and severity of heat events and achieve behavior changes that reduce the mortality and morbidity of extreme heat effects; (iv) understanding compound and cascading risks to inform development and implementation of heat-health risk reduction interventions; and (v) promoting community resilience and addressing specific decision support service needs of vulnerable populations; and (D) consider the effectiveness of country- or local-level heat awareness and communication tools, preparedness plans, or mitigation. (3) Development of definitions \nIn conducting the study described in paragraph (1), the National Academies of Sciences, Engineering, and Medicine shall work with heat and health experts to identify consistent and agreed-upon definitions for heat events, heat waves, and other relevant terms. (b) Report \nNot later than 90 days after completion of the study described in subsection (a)(1), the Under Secretary of Commerce for Oceans and Atmosphere shall— (1) make available to the public on an internet website of the National Oceanic and Atmospheric Administration a report on the findings and conclusions of the study; and (2) submit the report to— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; (C) the Committee on Science, Space, and Technology of the House of Representatives; (D) the Committee on Energy and Commerce of the House of Representatives; and (E) the Committee on Education and the Workforce of the House of Representatives.", "id": "id495d5f17daef4b4ca2b1baa32ac47001", "header": "Study on extreme heat information and response" }, { "text": "613. Financial assistance for research and resilience in addressing extreme heat risks \n(a) Establishment of program \nSubject to the availability of appropriations, not later than 1 year after the date of the enactment of this Act, the Under Secretary of Commerce for Oceans and Atmosphere shall establish and administer a community heat resilience program to provide financial assistance to eligible entities to carry out projects described in subsection (e) to ameliorate the mental and physical human health impacts of extreme heat events. (b) Purpose \nThe purpose of the financial assistance provided under this section is to further scientific research regarding extreme heat and fund efforts to educate communities about extreme heat. (c) Forms of assistance \nFinancial assistance provided under this section may be in the form of contracts, grants, or cooperative agreements. (d) Eligible entities \nEntities eligible to receive financial assistance under this section to carry out projects described in subsection (e) include— (1) nonprofit entities; (2) academic institutions; (3) States; (4) Tribal governments; (5) local governments; and (6) political subdivisions of States, Tribal governments, and local governments. (e) Eligible projects \nProjects described in this subsection include projects— (1) to expand public awareness of heat risks; (2) to conduct heat mapping campaigns; (3) to conduct scientific research to assess gaps and priorities regarding the risks of extreme heat in communities; (4) to communicate risks to isolated communities; and (5) to educate such communities about how to respond to extreme heat events. (f) Priorities \nIn selecting eligible entities to receive financial assistance under this section, the Under Secretary of Commerce for Oceans and Atmosphere shall prioritize entities that will carry out projects that provide benefits for historically disadvantaged communities and communities found to have the greatest risk or highest incidence of heat-related illnesses and mortalities.", "id": "id749c9de087684f698d83ce37e2c1d3e4", "header": "Financial assistance for research and resilience in addressing extreme heat risks" }, { "text": "614. Authorization of appropriations \n(a) Study on extreme heat information and response \nThere is authorized to be appropriated to the National Oceanic and Atmospheric Administration to contract with the National Academies of Sciences, Engineering, and Medicine to carry out section 612 $500,000 for each of fiscal years 2024 through 2026. (b) Financial assistance To address extreme heat \nThere is authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out section 613 $30,000,000 for each of fiscal years 2024 through 2028.", "id": "id1dd478f658914246be95f112062aca61", "header": "Authorization of appropriations" }, { "text": "621. Medicare coverage of medically necessary home resiliency services \n(a) Coverage \nSection 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)— (A) in subparagraph (II), by striking and at the end; (B) in subparagraph (JJ), by inserting and at the end; and (C) by adding at the end the following new subparagraph: (KK) in the case of an individual who is medically at risk in the event of a climate or man-made disaster (as determined by the Secretary in accordance with subsection (nnn)), home resiliency services (as defined in such subsection); ; and (2) by adding at the end the following new subsection: (nnn) Home resiliency services; determination of individuals medically at risk \n(1) Home resiliency services \nThe term home resiliency services means items and services— (A) furnished on or after January 1, 2024, to an individual described in subsection (s)(2)(KK); and (B) that the Secretary determines are medically necessary for such individual in the case of a climate or man-made disaster, such as a heat pump for an individual vulnerable to extreme temperatures, solar batteries for an individual reliant on electrical medical equipment (including home mechanical ventilators), and energy-efficient cold storage for heat-sensitive medical supplies. (2) Determination of individuals medically at risk \nFor purposes of subsection (s)(2)(KK) and this subsection, the Secretary, in consultation with the Office of Climate Change and Health Equity, the National Institutes of Health, the Centers of Medicare & Medicaid Services, and the National Oceanic and Atmospheric Administration, shall establish a process to determine the conditions under which an individual would be determined to be medically at risk in the event of a disaster or climate hazards, including extreme heat, extreme cold, flooding, and loss of power. Such a process shall consider— (A) geography-specific climate risks and regional preparedness for different climate risks; (B) the regional history of disaster or climate hazards and infrastructure failure in the preceding 20 years or the forward-looking predicted risk of disaster or climate hazards and infrastructure failure in the next 20 years; (C) medical reliance on equipment, pharmaceuticals, mobility aids, and other supplies that are sensitive to exposure to extreme temperatures, poor air quality, flooding and water damage, or dependent on electrical power; and (D) chronic medical conditions, disabilities, and co-morbidities that increase patient vulnerability during disaster.. (b) Payment \nSection 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (1) by striking and before (HH) ; and (2) by inserting before the semicolon at the end the following: and (II) with respect to home resiliency services described in section 1861(s)(2)(KK), the amount paid shall be an amount equal to 100 percent of the lesser of the actual charge for the services or the amount determined under a fee schedule established by the Secretary.", "id": "idD9C29808FBDB4E20B6234DB03AFDD2F0", "header": "Medicare coverage of medically necessary home resiliency services" }, { "text": "701. Research and innovation for climate and health \nTitle III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by adding at the end the following: W Research and innovation for climate and health \n399OO. National Climate and Health Research and Innovation Initiative \n(a) Establishment \nThe President shall establish and implement an initiative, to be known as the National Climate and Health Research and Innovation Initiative (referred to in this part as the Initiative ), to be carried out by the Secretary, acting through the Assistant Secretary for Health. (b) Purpose \nThe purpose of the Initiative is to develop the tools, research, innovations, and understanding of climate change and health needed to prevent, treat, and mitigate the health harms of climate change in order to protect the collective health and well-being of the people of the United States. (c) Activities \nIn carrying out the Initiative, the President, acting through the Office of Climate Change and Health Equity, the Interagency Committee, and such agency heads as the President considers appropriate, shall carry out activities that include the following: (1) Supporting research to understand, predict, and prevent the health burdens of climate change and improve the ability to treat health harms due to climate change, including— (A) research to understand and predict the impacts of climate change on both physical and mental health, including disproportionate impacts based on race, ethnicity, language, gender, sex, pregnancy status, disability, age, location, occupation, and immigration status; (B) research into, and mitigation of, adverse mental and physical health effects of historical and ongoing environmental racism and the subsequent combined health risk of climate change and environmental pollution; (C) research to model and predict occupational hazards that will occur or intensify due to climate change; (D) development of medical education curricula relating to the clinical hazards of, and interventions for, climate-change-based health burdens; (E) research to address climate-related housing and community development issues, including the impact of, and mitigation strategies for, challenges such as isolation, low-quality housing, housing precarity, and homelessness, and the vulnerabilities and the mental and physical health risks those challenges present; and (F) research to study the social and economic factors and policies that create healthy, resilient communities prepared to adapt to the challenges posed by climate change. (2) Supporting research and development of sustainable and equitable health care operations and clinical practices that reduce greenhouse gas emissions, climate risk, and environmental health hazards, including— (A) research into effective models of health care delivery— (i) to mitigate the impact of long-standing climate change and environmental hazards on health; and (ii) in preparation for, and in response to, climate disasters; (B) research to model and predict the necessary health care capacity surplus required to absorb both acute and chronic surges in health care demand due to climate-generated health burden, with attention to geographical climate risks and patient demographic health care needs; (C) the development of methods to reduce health sector environmental pollution; (D) research into, and mitigation of, the environmental impacts of hazardous substances used in health care and the health care supply chain, including the placement of facilities that use hazardous substances and the proximity of those facilities to historically marginalized communities; (E) (i) research and development of innovations that shift the lifecycle of medical supplies and devices from single use to sustainable, circular economies, including low-environmental impact sterilization techniques; and (ii) support of public-private partnerships that enable scientific translation of those innovations; (F) the development of clinically equivalent and improved, low-climate-footprint interventions and pharmaceuticals and the study of the environmental impacts of those interventions and pharmaceuticals to enable high-quality, environmentally conscious clinical decision making; and (G) conducting and supporting research, development, demonstration, and commercial application of renewable energy technologies and strategies to meet the energy demand and energy security needs of infrastructure critical to health care. (d) Termination \nThe Initiative shall terminate on December 31, 2033. 399OO–1. Interagency coordination \n(a) In general \nNot later than 1 year after the date of enactment of the Green New Deal for Health Act , the President shall establish an interagency committee (referred to in this part as the Interagency Committee ), to coordinate the Initiative, as appropriate, among the departments, offices, and agencies described in subsection (b)(1). (b) Membership \n(1) In general \nThe membership of the Interagency Committee shall consist of— (A) 3 representatives of the Department of Health and Human Services, which shall include— (i) 1 representative of the Office of Climate Change and Health Equity; and (ii) 1 representative of the National Institutes of Health; (B) 1 representative of the Office of Science and Technology Policy; (C) 1 representative of the National Science Foundation; (D) 1 representative of the Environmental Protection Agency; (E) 1 representative of the Department of Energy; (F) 1 representative of the Department of Housing and Urban Development; and (G) 1 representative of the Department of Labor. (2) Co-chairs \nThe Interagency Committee shall be co-chaired by the representatives described in subparagraphs (A)(i) and (B) of paragraph (1). (c) Meetings \nThe Interagency Committee shall meet not less frequently than quarterly. (d) Duties \nThe Interagency Committee shall— (1) provide for interagency coordination of the activities of the Initiative; (2) develop a plan that describes how the departments, offices, and agencies described in subsection (b)(1) will collectively carry out the activities described in section 399OO(c), including— (A) a description of how each department, office, and agency will execute a subset of the activities described in that section; and (B) a description of collaborations across the departments, offices, and agencies; (3) annually submit to Congress a report describing the progress of the Initiative, activities of the Interagency Committee, and policy recommendations that derive from the results of the Initiative; and (4) as part of the President’s annual budget request to Congress, propose an annually coordinated interagency budget for the Initiative to the Office of Management and Budget that is intended to ensure that the balance of funding across the Initiative is sufficient to meet the goals and priorities established for the Initiative. 399OO–2. Advisory Council \n(a) In general \nThe Secretary shall establish an advisory council (referred to in this section as the Advisory Council ) to advise and provide recommendations to the Initiative. (b) Membership \n(1) In general \nThe membership of the Advisory Council shall consist of— (A) the members of the Interagency Committee; and (B) the non-Federal members appointed under paragraph (2). (2) Appointed members \nThe Secretary shall appoint the following non-Federal members of the Advisory Council: (A) Not more than 4 members who are representatives of research institutions, academic institutions, or medical industry entities. (B) Not fewer than 1 member who is a representative of a critical access hospital (as defined in section 1861(mm)(1) of the Social Security Act). (C) Not fewer than 1 member who is a representative of a hospital that receives disproportionate share payments under section 1886(d)(5)(F) of the Social Security Act. (D) Not fewer than 1 member who is a representative of a community health center receiving funding under section 330. (E) Not fewer than 1 member who is a representative of an Indian Health Service facility operated by an Indian tribe or tribal organization (as defined in section 4 of the Indian Health Care Improvement Act). (F) Not fewer than 1 member who is a representative of a State, local, or Tribal department of public health. (G) Not fewer than 4 members who— (i) are representatives of labor organizations representing health care workers; and (ii) collectively represent a diversity of health care professions, such as workers in environmental services, direct care workers, nurses, and physicians. (H) Not fewer than 4 members who are representatives of community-based patient advocacy or public health advocacy organizations, each of which are from different geographic regions of the United States. (3) Diverse representation \nThe Secretary shall ensure that the membership of the Advisory Council reflects the diversity of the patient populations that are geographically and demographically representative of the United States, especially frontline populations and populations that are subject to negative disparate outcomes in health. (4) Duties \nThe Advisory Council shall advise the President and the Secretary on matters relating to the Initiative, including recommendations related to— (A) the research and innovation needs of frontline communities, environmental justice communities (as defined in section 2 of the Green New Deal for Health Act ), medically underserved communities (as defined in section 799B), and individuals vulnerable to climate change; (B) the current gaps and challenges in the scientific understanding of the health impacts of climate change and the impact of health care on climate; (C) emerging research and innovation needs from clinical practice; (D) whether issues of health disparities are adequately addressed by the Initiative; (E) the balance of activities and funding across the Initiative; (F) bottlenecks in translating research findings into clinical advances, mitigation strategies, and workplace safety; and (G) accountability and ethical use of research funds. (5) Meetings \nThe Advisory Council shall meet not less frequently than annually, and such meetings shall be open to the public. (6) Termination \nThe Advisory Council shall terminate on December 31, 2033. 399OO–3. Authorization of appropriations \nThere is authorized to be appropriated to carry out section 399OO $5,000,000,000 for each of fiscal years 2024 through 2033..", "id": "id8C659757DC5442D3BD8AC069E345CCE0", "header": "Research and innovation for climate and health" }, { "text": "399OO. National Climate and Health Research and Innovation Initiative \n(a) Establishment \nThe President shall establish and implement an initiative, to be known as the National Climate and Health Research and Innovation Initiative (referred to in this part as the Initiative ), to be carried out by the Secretary, acting through the Assistant Secretary for Health. (b) Purpose \nThe purpose of the Initiative is to develop the tools, research, innovations, and understanding of climate change and health needed to prevent, treat, and mitigate the health harms of climate change in order to protect the collective health and well-being of the people of the United States. (c) Activities \nIn carrying out the Initiative, the President, acting through the Office of Climate Change and Health Equity, the Interagency Committee, and such agency heads as the President considers appropriate, shall carry out activities that include the following: (1) Supporting research to understand, predict, and prevent the health burdens of climate change and improve the ability to treat health harms due to climate change, including— (A) research to understand and predict the impacts of climate change on both physical and mental health, including disproportionate impacts based on race, ethnicity, language, gender, sex, pregnancy status, disability, age, location, occupation, and immigration status; (B) research into, and mitigation of, adverse mental and physical health effects of historical and ongoing environmental racism and the subsequent combined health risk of climate change and environmental pollution; (C) research to model and predict occupational hazards that will occur or intensify due to climate change; (D) development of medical education curricula relating to the clinical hazards of, and interventions for, climate-change-based health burdens; (E) research to address climate-related housing and community development issues, including the impact of, and mitigation strategies for, challenges such as isolation, low-quality housing, housing precarity, and homelessness, and the vulnerabilities and the mental and physical health risks those challenges present; and (F) research to study the social and economic factors and policies that create healthy, resilient communities prepared to adapt to the challenges posed by climate change. (2) Supporting research and development of sustainable and equitable health care operations and clinical practices that reduce greenhouse gas emissions, climate risk, and environmental health hazards, including— (A) research into effective models of health care delivery— (i) to mitigate the impact of long-standing climate change and environmental hazards on health; and (ii) in preparation for, and in response to, climate disasters; (B) research to model and predict the necessary health care capacity surplus required to absorb both acute and chronic surges in health care demand due to climate-generated health burden, with attention to geographical climate risks and patient demographic health care needs; (C) the development of methods to reduce health sector environmental pollution; (D) research into, and mitigation of, the environmental impacts of hazardous substances used in health care and the health care supply chain, including the placement of facilities that use hazardous substances and the proximity of those facilities to historically marginalized communities; (E) (i) research and development of innovations that shift the lifecycle of medical supplies and devices from single use to sustainable, circular economies, including low-environmental impact sterilization techniques; and (ii) support of public-private partnerships that enable scientific translation of those innovations; (F) the development of clinically equivalent and improved, low-climate-footprint interventions and pharmaceuticals and the study of the environmental impacts of those interventions and pharmaceuticals to enable high-quality, environmentally conscious clinical decision making; and (G) conducting and supporting research, development, demonstration, and commercial application of renewable energy technologies and strategies to meet the energy demand and energy security needs of infrastructure critical to health care. (d) Termination \nThe Initiative shall terminate on December 31, 2033.", "id": "id82809A81AEEC4E5793EB52884BF144DE", "header": "National Climate and Health Research and Innovation Initiative" }, { "text": "399OO–1. Interagency coordination \n(a) In general \nNot later than 1 year after the date of enactment of the Green New Deal for Health Act , the President shall establish an interagency committee (referred to in this part as the Interagency Committee ), to coordinate the Initiative, as appropriate, among the departments, offices, and agencies described in subsection (b)(1). (b) Membership \n(1) In general \nThe membership of the Interagency Committee shall consist of— (A) 3 representatives of the Department of Health and Human Services, which shall include— (i) 1 representative of the Office of Climate Change and Health Equity; and (ii) 1 representative of the National Institutes of Health; (B) 1 representative of the Office of Science and Technology Policy; (C) 1 representative of the National Science Foundation; (D) 1 representative of the Environmental Protection Agency; (E) 1 representative of the Department of Energy; (F) 1 representative of the Department of Housing and Urban Development; and (G) 1 representative of the Department of Labor. (2) Co-chairs \nThe Interagency Committee shall be co-chaired by the representatives described in subparagraphs (A)(i) and (B) of paragraph (1). (c) Meetings \nThe Interagency Committee shall meet not less frequently than quarterly. (d) Duties \nThe Interagency Committee shall— (1) provide for interagency coordination of the activities of the Initiative; (2) develop a plan that describes how the departments, offices, and agencies described in subsection (b)(1) will collectively carry out the activities described in section 399OO(c), including— (A) a description of how each department, office, and agency will execute a subset of the activities described in that section; and (B) a description of collaborations across the departments, offices, and agencies; (3) annually submit to Congress a report describing the progress of the Initiative, activities of the Interagency Committee, and policy recommendations that derive from the results of the Initiative; and (4) as part of the President’s annual budget request to Congress, propose an annually coordinated interagency budget for the Initiative to the Office of Management and Budget that is intended to ensure that the balance of funding across the Initiative is sufficient to meet the goals and priorities established for the Initiative.", "id": "idC882C19217F245E4A9A8296C6C4454C8", "header": "Interagency coordination" }, { "text": "399OO–2. Advisory Council \n(a) In general \nThe Secretary shall establish an advisory council (referred to in this section as the Advisory Council ) to advise and provide recommendations to the Initiative. (b) Membership \n(1) In general \nThe membership of the Advisory Council shall consist of— (A) the members of the Interagency Committee; and (B) the non-Federal members appointed under paragraph (2). (2) Appointed members \nThe Secretary shall appoint the following non-Federal members of the Advisory Council: (A) Not more than 4 members who are representatives of research institutions, academic institutions, or medical industry entities. (B) Not fewer than 1 member who is a representative of a critical access hospital (as defined in section 1861(mm)(1) of the Social Security Act). (C) Not fewer than 1 member who is a representative of a hospital that receives disproportionate share payments under section 1886(d)(5)(F) of the Social Security Act. (D) Not fewer than 1 member who is a representative of a community health center receiving funding under section 330. (E) Not fewer than 1 member who is a representative of an Indian Health Service facility operated by an Indian tribe or tribal organization (as defined in section 4 of the Indian Health Care Improvement Act). (F) Not fewer than 1 member who is a representative of a State, local, or Tribal department of public health. (G) Not fewer than 4 members who— (i) are representatives of labor organizations representing health care workers; and (ii) collectively represent a diversity of health care professions, such as workers in environmental services, direct care workers, nurses, and physicians. (H) Not fewer than 4 members who are representatives of community-based patient advocacy or public health advocacy organizations, each of which are from different geographic regions of the United States. (3) Diverse representation \nThe Secretary shall ensure that the membership of the Advisory Council reflects the diversity of the patient populations that are geographically and demographically representative of the United States, especially frontline populations and populations that are subject to negative disparate outcomes in health. (4) Duties \nThe Advisory Council shall advise the President and the Secretary on matters relating to the Initiative, including recommendations related to— (A) the research and innovation needs of frontline communities, environmental justice communities (as defined in section 2 of the Green New Deal for Health Act ), medically underserved communities (as defined in section 799B), and individuals vulnerable to climate change; (B) the current gaps and challenges in the scientific understanding of the health impacts of climate change and the impact of health care on climate; (C) emerging research and innovation needs from clinical practice; (D) whether issues of health disparities are adequately addressed by the Initiative; (E) the balance of activities and funding across the Initiative; (F) bottlenecks in translating research findings into clinical advances, mitigation strategies, and workplace safety; and (G) accountability and ethical use of research funds. (5) Meetings \nThe Advisory Council shall meet not less frequently than annually, and such meetings shall be open to the public. (6) Termination \nThe Advisory Council shall terminate on December 31, 2033.", "id": "idBFFF7985CD554D9E9536D388BBDFAB95", "header": "Advisory Council" }, { "text": "399OO–3. Authorization of appropriations \nThere is authorized to be appropriated to carry out section 399OO $5,000,000,000 for each of fiscal years 2024 through 2033.", "id": "id738852324cdd4b39b7858878c7edcec0", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Expanding Veterans’ Options for Long Term Care Act.", "id": "id9722ec54-ab48-4901-ba05-20a23f043673", "header": "Short title" }, { "text": "2. Pilot program on assisted living services for veterans \n(a) Program \n(1) In general \nBeginning not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a three-year pilot program to assess— (A) the effectiveness of providing assisted living services to eligible veterans, at the election of such veterans; and (B) the satisfaction with the pilot program of veterans participating in the pilot program. (2) Extension \nThe Secretary may extend the duration of the pilot program under paragraph (1) for an additional three-year period if the Secretary, based on the results of the reports submitted under subsection (f), determines that it is appropriate to do so. (b) Program locations \n(1) Veterans Integrated Service Networks \n(A) In general \nThe Secretary shall select not fewer than six Veterans Integrated Service Networks of the Department of Veterans Affairs at which to carry out the pilot program under subsection (a)(1). (B) Veterans receiving nursing home care \nThe Secretary shall ensure that not fewer than three Veterans Integrated Service Networks selected under subparagraph (A) serve regions with the top three highest percentage of veterans who are currently receiving nursing home care through the Department and would be eligible to receive assisted living services under the pilot program. (2) Facilities \n(A) In general \nWithin the Veterans Integrated Service Networks selected under paragraph (1), the Secretary shall select facilities at which to carry out the pilot program under subsection (a)(1). (B) Selection criteria \nIn selecting facilities under subparagraph (A), the Secretary shall ensure that— (i) the locations of such facilities are in geographically diverse areas; (ii) not fewer than two such facilities serve veterans in rural or highly rural areas (as determined through the use of the Rural-Urban Commuting Areas coding system of the Department of Agriculture); (iii) not fewer than one such facility is located in each Veterans Integrated Service Network selected under paragraph (1); and (iv) not fewer than two such facilities are State homes. (c) Provision of assisted living services \n(1) Agreements \nIn carrying out the pilot program under subsection (a)(1), the Secretary may enter into agreements for the provision of assisted living services on behalf of eligible veterans with— (A) a provider participating under a State plan or waiver under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); or (B) a State home recognized and certified under subpart B of part 51 of title 38, Code of Federal Regulations, or successor regulations. (2) Standards \nThe Secretary may not place, transfer, or admit a veteran to any facility for assisted living services under the pilot program under subsection (a)(1) unless the Secretary determines that— (A) the facility meets the standards for community residential care established under sections 17.61 through 17.72 of title 38, Code of Federal Regulations, or successor regulations, and any additional standards of care as the Secretary may specify; or (B) in the case of a facility that is a State home, the State home meets such standards of care as the Secretary may specify. (3) Inspection \nThe Secretary shall inspect facilities at which veterans are placed under the pilot program under subsection (a)(1)— (A) with respect to a facility that is a State home, not less frequently than annually and in the same manner as the Secretary conducts inspection of State homes under section 1742 of title 38, United States Code; and (B) with respect to any other facility, not less frequently than annually and in the same manner as the Secretary conducts inspection of facilities under section 1730 of such title. (4) Payment to certain facilities \n(A) State homes \nIn the case of a facility participating in the pilot program under subsection (a)(1) that is a State home, the Secretary shall pay to the State home a per diem for each veteran participating in the pilot program at a rate agreed to by the Secretary and the State home. (B) Community assisted living facilities \nIn the case of a facility participating in the pilot program under subsection (a)(1) that is a community assisted living facility, the Secretary shall— (i) pay to the facility an amount that is less than the average rate paid by the Department for placement in a community nursing home in the same Veterans Integrated Service Network; and (ii) re-evaluate payment rates annually to account for current economic conditions and current costs of assisted living services. (d) Continuity of care \nUpon the termination of the pilot program under subsection (a)(1), the Secretary shall— (1) provide to all veterans participating in the pilot program at the time of such termination the option to continue to receive assisted living services at the site they were assigned to under the pilot program, at the expense of the Department; and (2) for such veterans who do not opt to continue to receive such services— (A) ensure such veterans do not experience lapses in care; and (B) provide such veterans with information on, and enroll such veterans in, other extended care services based on their preferences and best medical interest. (e) Determination of quality \nThe Secretary shall determine a method for assessment of quality of care provided to veterans participating in the pilot program under subsection (a)(1) and shall communicate that method to providers of services under the pilot program. (f) Annual report \nNot later than one year after the initiation of the pilot program under subsection (a)(1), and annually thereafter for each year in which the pilot program is carried out, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the pilot program, including— (1) an identification of Veterans Integrated Services Networks and facilities of the Department participating in the pilot program and assisted living facilities and State homes at which veterans are placed under the pilot program; (2) the number of participants in the pilot program, disaggregated by facility; (3) general demographic information of participants in the pilot program, including average age, gender, and race or ethnicity; (4) disability status of participants in the pilot program; (5) an identification of any barriers or challenges to enrolling veterans in the pilot program, conducting oversight of the pilot program, or any other barriers or challenges; (6) the cost of care at each assisted living facility and State home participating in the pilot program, including an analysis of any cost savings by the Department when comparing that cost to the cost of nursing home care; (7) aggregated feedback from participants in the pilot program, including from veteran resident surveys and interviews; and (8) such other matters the Secretary considers appropriate. (g) Final report \nNot later than four years after the initiation of the pilot program under subsection (a)(1), or not later than seven years after the initiation of the pilot program if the pilot program is extended under subsection (a)(2), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the pilot program that— (1) includes the matters required under paragraphs (1) through (8) of subsection (f); (2) includes recommendations on whether the model studied in the pilot program should be continued or adopted throughout the Department; and (3) indicates whether the Secretary requests action by Congress to make the pilot program permanent. (h) Report by Inspector General \n(1) In general \nNot later than three years after the initiation of the pilot program under subsection (a)(1), the Inspector General of the Department of Veterans Affairs shall submit to the Secretary, the Committee on Veterans’ Affairs of the Senate, and the Committee on Veterans’ Affairs of the House of Representatives a report on the pilot program. (2) Elements \nThe report required by paragraph (1) shall include an assessment of— (A) the quality of care provided to veterans at facilities participating in the pilot program, measured pursuant to the method determined under subsection (e); (B) the oversight of such facilities, as conducted by the Department, the Centers for Medicare & Medicaid Services, State agencies, and other relevant entities; and (C) such other matters as the Inspector General considers appropriate. (3) Follow-up \nNot later than 90 days after the submittal of the report required by paragraph (1), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a plan to address the deficiencies identified in the report, if any. (i) Definitions \nIn this section: (1) Assisted living services \nThe term assisted living services means services of a facility in providing room, board, and personal care for and supervision of residents for their health, safety, and welfare. (2) Eligible veteran \nThe term eligible veteran means a veteran who— (A) (i) is already receiving nursing home level care paid for by the Department; (ii) is eligible to receive nursing home level care paid for by the Department pursuant to section 1710A of title 38, United States Code; or (iii) requires a higher level of care than the domiciliary care provided by the Department but does not meet the requirements for nursing home level care provided by the Department pursuant to such section; and (B) (i) is eligible for assisted living services, as determined by the Secretary; or (ii) meets such additional criteria for eligibility for the pilot program under subsection (a)(1) as the Secretary may establish. (3) State home \nThe term State home has the meaning given that term in section 101(19) of title 38, United States Code.", "id": "idbeef78e5-e902-431f-8651-05328e3f4c86", "header": "Pilot program on assisted living services for veterans" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Healthy Food Financing Initiative Reauthorization Act of 2023.", "id": "id829C5C33224B4C218921E3981FFCA2DB", "header": "Short title" }, { "text": "2. Healthy Food Financing Initiative \nSection 243 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6953 ) is amended by striking subsection (d) and inserting the following: (d) Funding \nOf the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section— (1) $25,000,000 for fiscal year 2024; (2) $30,000,000 for fiscal year 2025; (3) $35,000,000 for fiscal year 2026; (4) $40,000,000 for fiscal year 2027; and (5) $50,000,000 for fiscal year 2028 and each fiscal year thereafter..", "id": "HE01379767BBC4D6784DB49D284839122", "header": "Healthy Food Financing Initiative" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Border Safety and Security Act of 2023.", "id": "H0F90730105F8496087282F0175205219", "header": "Short title" }, { "text": "2. Suspension of entry of aliens \n(a) Definitions \nIn this section: (1) In general \nExcept as otherwise provided, the terms used in this section have the meanings given such terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Covered alien \nThe term covered alien means an alien seeking entry to the United States who is inadmissible under paragraph (6) or (7) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ). (3) Operational control \nThe term operational control has the meaning given such term in section 2(b) of the Secure Fence Act of 2006 ( 8 U.S.C. 1701 note). (b) Authority To suspend entry of aliens at borders of the United States \nNotwithstanding any other provision of law, if the Secretary of Homeland Security determines, in the discretion of the Secretary, that the suspension of the entry of covered aliens at an international land or maritime border of the United States is necessary in order to achieve operational control over such border, the Secretary may prohibit, in whole or in part, the entry of covered aliens at such border for such period as the Secretary determines is necessary for such purpose. (c) Required suspension of entry of aliens \nNotwithstanding any other provision of law, the Secretary of Homeland Security shall prohibit the entry of covered aliens for any period during which the Secretary cannot— (1) detain such covered aliens in accordance with section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) ); or (2) place such covered aliens in a program consistent with section 235(b)(2)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(2)(C) ). (d) Enforcement by State Attorneys General \nThe attorney general of a State, or another authorized State officer, alleging a violation of a subsection (c) that affects such State or its residents, may bring an action against the Secretary of Homeland Security on behalf of the residents of such State in an appropriate United States district court to obtain appropriate injunctive relief.", "id": "HA2078AEA8B884F81A48308A841900B28", "header": "Suspension of entry of aliens" } ]

[ { "text": "1. Short title \nThis Act may be cited as the China Oil Export Prohibition Act of 2023.", "id": "S1", "header": "Short title" }, { "text": "2. Prohibition on export of crude and refined oil and certain petroleum products to the People’s Republic of China \n(a) In general \nThe Energy Policy and Conservation Act ( 42 U.S.C. 6201 et seq. ) is amended by inserting after section 101 the following: 102. Prohibition on export of certain petroleum products to the People’s Republic of China \n(a) In general \nNotwithstanding any other provision of law, no petroleum product described in subsection (b) that is produced in the United States may be exported from the United States to the People’s Republic of China. (b) Petroleum product described \nA petroleum product referred to in subsection (a) is— (1) crude oil; (2) refined oil or a refined oil product; (3) residual fuel oil; or (4) any other petroleum product (other than natural gas or any natural gas liquid product). (c) Applicability \n(1) Petroleum products in transport \nSubsection (a) shall not apply to any petroleum product described in subsection (b) that is in the process of being transported from the United States to the People’s Republic of China as of the date on which the prohibition under that subsection takes effect pursuant to subsection (d). (2) Natural gas \nSubsection (a) does not apply to natural gas or any natural gas liquid product. (d) Effective date \nThe prohibition described in subsection (a) shall take effect on the date that is 10 days after the date of enactment of the China Oil Export Prohibition Act of 2023.. (b) Clerical amendment \nThe table of contents for the Energy Policy and Conservation Act ( Public Law 94–163 ; 89 Stat. 871; 114 Stat. 2034) is amended by inserting after the item relating to section 101 the following: Sec. 102. Prohibition on export of certain petroleum products to the People’s Republic of China.. (c) Conforming amendment \nSection 101(b) of division O of the Consolidated Appropriations Act, 2016 ( 42 U.S.C. 6212a(b) ) is amended by inserting and section 102 of the Energy Policy and Conservation Act after subsections (c) and (d).", "id": "idF167116F3E7D4858A83884715B83F20E", "header": "Prohibition on export of crude and refined oil and certain petroleum products to the People’s Republic of China" }, { "text": "102. Prohibition on export of certain petroleum products to the People’s Republic of China \n(a) In general \nNotwithstanding any other provision of law, no petroleum product described in subsection (b) that is produced in the United States may be exported from the United States to the People’s Republic of China. (b) Petroleum product described \nA petroleum product referred to in subsection (a) is— (1) crude oil; (2) refined oil or a refined oil product; (3) residual fuel oil; or (4) any other petroleum product (other than natural gas or any natural gas liquid product). (c) Applicability \n(1) Petroleum products in transport \nSubsection (a) shall not apply to any petroleum product described in subsection (b) that is in the process of being transported from the United States to the People’s Republic of China as of the date on which the prohibition under that subsection takes effect pursuant to subsection (d). (2) Natural gas \nSubsection (a) does not apply to natural gas or any natural gas liquid product. (d) Effective date \nThe prohibition described in subsection (a) shall take effect on the date that is 10 days after the date of enactment of the China Oil Export Prohibition Act of 2023.", "id": "id977E80300E2140B0B894506A727A4BC9", "header": "Prohibition on export of certain petroleum products to the People’s Republic of China" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Taxpayer Receipt Act.", "id": "H3B3267A1B16D4A3895B8D3D4A708AB35", "header": "Short title" }, { "text": "2. Information regarding the Federal budget \nThe Secretary of the Treasury, or the Secretary’s delegate, shall provide, to each individual filing a Federal income tax return for a taxable year, a one-page document which contains, with respect to the most recently completed fiscal year— (1) total Federal outlays during such year; (2) total Federal revenues collected during such year; (3) the Federal deficit or surplus for such year; and (4) the total Federal debt held by the public.", "id": "id70DD5C7F108F41859113AF84D7193CB2", "header": "Information regarding the Federal budget" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Halt All Lethal Trafficking of Fentanyl Act or the HALT Fentanyl Act.", "id": "H3071D9E92FEB49729811BE6B4A43ECAF", "header": "Short title" }, { "text": "2. Class scheduling of fentanyl-related substances \nSection 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ) is amended by adding at the end of schedule I the following: (e) (1) Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of a fentanyl-related substance, or which contains the salts, isomers, and salts of isomers of a fentanyl-related substance whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation. (2) For purposes of paragraph (1), except as provided in paragraph (3), the term fentanyl-related substance means any substance that is structurally related to fentanyl by 1 or more of the following modifications: (A) By replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle. (B) By substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups. (C) By substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups. (D) By replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle. (E) By replacement of the N–propionyl group with another acyl group. (3) A substance that satisfies the definition of the term fentanyl-related substance in paragraph (2) shall nonetheless not be treated as a fentanyl-related substance subject to this schedule if the substance— (A) is controlled by action of the Attorney General under section 201; or (B) is otherwise expressly listed in a schedule other than this schedule. (4) (A) The Attorney General may by order publish in the Federal Register a list of substances that satisfy the definition of the term fentanyl-related substance in paragraph (2). (B) The absence of a substance from a list published under subparagraph (A) does not negate the control status of the substance under this schedule if the substance satisfies the definition of the term fentanyl-related substance in paragraph (2)..", "id": "H65291CEBB2A2464F838B18EF30B05468", "header": "Class scheduling of fentanyl-related substances" }, { "text": "3. Registration requirements related to research \n(a) Alternative registration process for schedule I research \nSection 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) is amended— (1) by redesignating the second subsection (l) (relating to required training for prescribers) as subsection (m); and (2) by adding at the end the following: (n) Special provisions for practitioners conducting certain research with schedule I controlled substances \n(1) In general \nNotwithstanding subsection (f), a practitioner may conduct research described in paragraph (2) of this subsection with 1 or more schedule I substances in accordance with subparagraph (A) or (B) of paragraph (3) of this subsection. (2) Research subject to expedited procedures \nResearch described in this paragraph is research that— (A) is with respect to a drug that is the subject of an investigational use exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ); or (B) is— (i) conducted by the Department of Health and Human Services or the Department of Veterans Affairs; or (ii) funded partly or entirely by a grant, contract, cooperative agreement, or other transaction from the Department of Health and Human Services or the Department of Veterans Affairs. (3) Expedited procedures \n(A) Researcher with a current schedule I or II research registration \n(i) In general \nIf a practitioner is registered to conduct research with a controlled substance in schedule I or II, the practitioner may conduct research under this subsection on and after the date that is 30 days after the date on which the practitioner sends a notice to the Attorney General containing the following information, with respect to each substance with which the practitioner will conduct the research: (I) The chemical name of the substance. (II) The quantity of the substance to be used in the research. (III) Demonstration that the research is in the category described in paragraph (2), which demonstration may be satisfied— (aa) in the case of a grant, contract, cooperative agreement, or other transaction, or intramural research project, by identifying the sponsoring agency and supplying the number of the grant, contract, cooperative agreement, other transaction, or project; or (bb) in the case of an application under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ), by supplying the application number and the sponsor of record on the application. (IV) Demonstration that the researcher is authorized to conduct research with respect to the substance under the laws of the State in which the research will take place. (ii) Verification of information by HHS or VA \nUpon request from the Attorney General, the Secretary of Health and Human Services or the Secretary of Veterans Affairs, as appropriate, shall verify information submitted by an applicant under clause (i)(III). (B) Researcher without a current schedule I or II research registration \n(i) In general \nIf a practitioner is not registered to conduct research with a controlled substance in schedule I or II, the practitioner may send a notice to the Attorney General containing the information listed in subparagraph (A)(i), with respect to each substance with which the practitioner will conduct the research. (ii) Attorney General action \nThe Attorney General shall— (I) treat notice received under clause (i) as a sufficient application for a research registration; and (II) not later than 45 days of receiving such a notice that contains all information required under subparagraph (A)(i)— (aa) register the applicant; or (bb) serve an order to show cause upon the applicant in accordance with section 304(c). (4) Electronic submissions \nThe Attorney General shall provide a means to permit a practitioner to submit a notification under paragraph (3) electronically. (5) Limitation on amounts \nA practitioner conducting research with a schedule I substance under this subsection may only possess the amounts of schedule I substance identified in— (A) the notification to the Attorney General under paragraph (3); or (B) a supplemental notification that the practitioner may send if the practitioner needs additional amounts for the research, which supplemental notification shall include— (i) the name of the practitioner; (ii) the additional quantity needed of the substance; and (iii) an attestation that the research to be conducted with the substance is consistent with the scope of the research that was the subject of the notification under paragraph (3). (6) Importation and exportation requirements not affected \nNothing in this subsection alters the requirements of part A of title III, regarding the importation and exportation of controlled substances.. (b) Separate registrations not required for additional researcher in same institution \nSection 302(c) of the Controlled Substances Act ( 21 U.S.C. 822(c) ) is amended by adding at the end the following: (4) An agent or employee of a research institution that is conducting research with a controlled substance if— (A) the agent or employee is acting within the scope of the professional practice of the agent or employee; (B) another agent or employee of the institution is registered to conduct research with a controlled substance in the same schedule; (C) the researcher who is so registered— (i) informs the Attorney General of the name, position title, and employing institution of the agent or employee who is not separately registered; (ii) authorizes that agent or employee to perform research under the registration of the registered researcher; and (iii) affirms that any act taken by that agent or employee involving a controlled substance shall be attributable to the registered researcher, as if the researcher had directly committed the act, for purposes of any proceeding under section 304(a) to suspend or revoke the registration of the registered researcher; and (D) the Attorney General does not, within 30 days of receiving the information, authorization, and affirmation described in subparagraph (C), refuse, for a reason listed in section 304(a), to allow the agent or employee to possess the substance without a separate registration.. (c) Single registration for related research sites \nSection 302(e) of the Controlled Substances Act ( 21 U.S.C. 822(e) ) is amended by adding at the end the following: (3) (A) Notwithstanding paragraph (1), a person registered to conduct research with a controlled substance under section 303(f) may conduct the research under a single registration if— (i) the research occurs exclusively on sites all of which are— (I) within the same city or county; and (II) under the control of the same institution, organization, or agency; and (ii) before commencing the research, the researcher notifies the Attorney General of each site where— (I) the research will be conducted; or (II) the controlled substance will be stored or administered. (B) A site described in subparagraph (A) shall be included in a registration described in that subparagraph only if the researcher has notified the Attorney General of the site— (i) in the application for the registration; or (ii) before the research is conducted, or before the controlled substance is stored or administered, at the site. (C) The Attorney General may, in consultation with the Secretary, issue regulations addressing, with respect to research sites described in subparagraph (A)— (i) the manner in which controlled substances may be delivered to the research sites; (ii) the storage and security of controlled substances at the research sites; (iii) the maintenance of records for the research sites; and (iv) any other matters necessary to ensure effective controls against diversion at the research sites.. (d) New inspection not required in certain situations \nSection 302(f) of the Controlled Substances Act ( 21 U.S.C. 822(f) ) is amended— (1) by striking (f) The and inserting (f)(1) The ; and (2) by adding at the end the following: (2) (A) If a person is registered to conduct research with a controlled substance and applies for a registration, or for a modification of a registration, to conduct research with a second controlled substance that is in the same schedule as the first controlled substance, or is in a schedule with a higher numerical designation than the schedule of the first controlled substance, a new inspection by the Attorney General of the registered location is not required. (B) Nothing in subparagraph (A) shall prohibit the Attorney General from conducting an inspection that the Attorney General determines necessary to ensure that a registrant maintains effective controls against diversion.. (e) Continuation of research on substances newly added to schedule I \nSection 302 of the Controlled Substances Act ( 21 U.S.C. 822 ) is amended by adding at the end the following: (h) Continuation of research on substances newly added to schedule I \nIf a person is conducting research on a substance when the substance is added to schedule I, and the person is already registered to conduct research with a controlled substance in schedule I— (1) not later than 90 days after the scheduling of the newly scheduled substance, the person shall submit a completed application for registration or modification of existing registration, to conduct research on the substance, in accordance with regulations issued by the Attorney General for purposes of this paragraph; (2) the person may, notwithstanding subsections (a) and (b), continue to conduct the research on the substance until— (A) the person withdraws the application described in paragraph (1) of this subsection; or (B) the Attorney General serves on the person an order to show cause proposing the denial of the application under section 304(c); (3) if the Attorney General serves an order to show cause as described in paragraph (2)(B) and the person requests a hearing, the hearing shall be held on an expedited basis and not later than 45 days after the request is made, except that the hearing may be held at a later time if so requested by the person; and (4) if the person sends a copy of the application described in paragraph (1) to a manufacturer or distributor of the substance, receipt of the copy by the manufacturer or distributor shall constitute sufficient evidence that the person is authorized to receive the substance.. (f) Treatment of certain manufacturing activities as coincident to research \nSection 302 of the Controlled Substances Act ( 21 U.S.C. 822 ), as amended by subsection (e), is amended by adding at the end the following: (i) Treatment of certain manufacturing activities as coincident to research \n(1) In general \nExcept as provided in paragraph (3), a person who is registered to perform research on a controlled substance may perform manufacturing activities with small quantities of that substance, including activities described in paragraph (2), without being required to obtain a manufacturing registration, if— (A) the activities are performed for the purpose of the research; and (B) the activities and the quantities of the substance involved in the activities are stated in— (i) a notification submitted to the Attorney General under section 303(l); (ii) a research protocol filed with an application for registration approval under section 303(f); or (iii) a notification to the Attorney General that includes— (I) the name of the registrant; and (II) an attestation that the research to be conducted with the small quantities of manufactured substance is consistent with the scope of the research that is the basis for the registration. (2) Activities included \nActivities permitted under paragraph (1) include— (A) processing the substance to create extracts, tinctures, oils, solutions, derivatives, or other forms of the substance consistent with— (i) the information provided as part of a notification submitted to the Attorney General under section 303(l); or (ii) a research protocol filed with an application for registration approval under section 303(f); and (B) dosage form development studies performed for the purpose of requesting an investigational new drug exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ). (3) Exception regarding marijuana \nThe authority under paragraph (1) to manufacture substances does not include the authority to grow marijuana.. (g) Transparency regarding special procedures \nSection 303 of the Controlled Substances Act ( 21 U.S.C. 823 ), as amended by subsection (a), is amended by adding at the end the following: (o) Transparency regarding special procedures \n(1) In general \nIf the Attorney General determines, with respect to a controlled substance, that an application by a practitioner to conduct research with the substance should be considered under a process, or subject to criteria, different from the process or criteria applicable to applications to conduct research with other controlled substances in the same schedule, the Attorney General shall make public, including by posting on the website of the Drug Enforcement Administration— (A) the identities of all substances for which such determinations have been made; (B) the process and criteria that shall be applied to applications to conduct research with those substances; and (C) how the process and criteria described in subparagraph (B) differ from the process and criteria applicable to applications to conduct research with other controlled substances in the same schedule. (2) Timing of posting \nThe Attorney General shall make information described in paragraph (1) public upon making a determination described in that paragraph, regardless of whether a practitioner has submitted such an application at that time..", "id": "H8CC56FC952B4483FB5D8165F55130917", "header": "Registration requirements related to research" }, { "text": "4. Rulemaking \n(a) Interim final rules \nThe Attorney General— (1) shall, not later than 1 year of the date of enactment of this Act, issue rules to implement this Act and the amendments made by this Act; and (2) may issue the rules under paragraph (1) as interim final rules. (b) Procedure for final rule \n(1) Effectiveness of interim final rules \nA rule issued by the Attorney General as an interim final rule under subsection (a) shall become immediately effective as an interim final rule without requiring the Attorney General to demonstrate good cause therefor, notwithstanding subparagraph (B) of section 553(b) of title 5, United States Code. (2) Opportunity for comment and hearing \nAn interim final rule issued under subsection (a) shall give interested persons the opportunity to comment and to request a hearing. (3) Final rule \nAfter the conclusion of such proceedings, the Attorney General shall issue a final rule to implement this Act and the amendments made by this Act in accordance with section 553 of title 5, United States Code.", "id": "HE4238D651C164A549171D1174E50D73B", "header": "Rulemaking" } ]

[ { "text": "1. Establishment of Veterans Economic Opportunity and Transition Administration \n(a) Veterans Economic Opportunity and Transition Administration \n(1) In general \nPart V of title 38, United States Code, is amended by adding at the end the following new chapter: 80 Veterans Economic Opportunity and Transition Administration \nSec. 8001. Organization of Administration. 8002. Functions of Administration. 8003. Annual report to Congress. 8001. Organization of Administration \n(a) Veterans Economic Opportunity and Transition Administration \nThere is in the Department of Veterans Affairs a Veterans Economic Opportunity and Transition Administration. The primary function of the Veterans Economic Opportunity and Transition Administration is the administration of the programs of the Department that provide assistance related to economic opportunity to veterans and their dependents and survivors. (b) Under Secretary for Economic Opportunity and Transition \nThe Veterans Economic Opportunity and Transition Administration is under the Under Secretary for Veterans Economic Opportunity and Transition, who is directly responsible to the Secretary for the operations of the Administration. 8002. Functions of Administration \nThe Veterans Economic Opportunity and Transition Administration is responsible for the administration of the following programs of the Department: (1) Vocational rehabilitation and employment programs. (2) Educational assistance programs. (3) Veterans’ housing loan and related programs. (4) The verification of small businesses owned and controlled by veterans pursuant to subsection (f) of section 8127 of this title, including the administration of the database of veteran-owned businesses described in such subsection. (5) The Transition Assistance Program under section 1144 of title 10. (6) Any other program of the Department that the Secretary determines appropriate. 8003. Annual report to Congress \nThe Secretary shall include in the annual report to the Congress required by section 529 of this title a report on the programs administered by the Under Secretary for Veterans Economic Opportunity and Transition. Each such report shall include the following with respect to each such program during the fiscal year covered by that report: (1) The number of claims received. (2) The number of claims decided. (3) The average processing time for a claim. (4) The number of successful outcomes (as determined by the Secretary). (5) The number of full-time equivalent employees. (6) The amounts expended for information technology.. (2) Clerical amendments \nThe tables of chapters at the beginning of title 38, United States Code, and of part V of title 38, United States Code, are each amended by inserting after the item relating to chapter 79 the following new item: 80. Veterans Economic Opportunity and Transition Administration 8001. (b) Effective date \nChapter 80 of title 38, United States Code, as added by subsection (a), shall take effect on October 1, 2023. (c) Authorization for appropriations for Veterans Benefits Administrations \nThere is authorized to be appropriated for fiscal year 2023 for the General Operating Expenses account of the Veterans Benefits Administration $3,207,000,000. (d) Labor rights \nAny labor rights, inclusion in the bargaining unit, and collective bargaining agreement that affects an employee of the Department of Veterans Affairs who is transferred to the Veterans Economic Opportunity and Transition Administration, as established under chapter 80 of title 38, United States Code, as added by subsection (a), shall apply in the same manner to such employee after such transfer.", "id": "H50ABE1AEFA194B0EA1C2717E50F9A124", "header": "Establishment of Veterans Economic Opportunity and Transition Administration" }, { "text": "8001. Organization of Administration \n(a) Veterans Economic Opportunity and Transition Administration \nThere is in the Department of Veterans Affairs a Veterans Economic Opportunity and Transition Administration. The primary function of the Veterans Economic Opportunity and Transition Administration is the administration of the programs of the Department that provide assistance related to economic opportunity to veterans and their dependents and survivors. (b) Under Secretary for Economic Opportunity and Transition \nThe Veterans Economic Opportunity and Transition Administration is under the Under Secretary for Veterans Economic Opportunity and Transition, who is directly responsible to the Secretary for the operations of the Administration.", "id": "HFEB1EE8E26914E8580285A6D32007296", "header": "Organization of Administration" }, { "text": "8002. Functions of Administration \nThe Veterans Economic Opportunity and Transition Administration is responsible for the administration of the following programs of the Department: (1) Vocational rehabilitation and employment programs. (2) Educational assistance programs. (3) Veterans’ housing loan and related programs. (4) The verification of small businesses owned and controlled by veterans pursuant to subsection (f) of section 8127 of this title, including the administration of the database of veteran-owned businesses described in such subsection. (5) The Transition Assistance Program under section 1144 of title 10. (6) Any other program of the Department that the Secretary determines appropriate.", "id": "HE87612AFE6D5425FAEE366B538C2C372", "header": "Functions of Administration" }, { "text": "8003. Annual report to Congress \nThe Secretary shall include in the annual report to the Congress required by section 529 of this title a report on the programs administered by the Under Secretary for Veterans Economic Opportunity and Transition. Each such report shall include the following with respect to each such program during the fiscal year covered by that report: (1) The number of claims received. (2) The number of claims decided. (3) The average processing time for a claim. (4) The number of successful outcomes (as determined by the Secretary). (5) The number of full-time equivalent employees. (6) The amounts expended for information technology.", "id": "HA0DE244E254A449A8A28A0EA163F7821", "header": "Annual report to Congress" }, { "text": "2. Under Secretary for Veterans Economic Opportunity and Transition \n(a) Under Secretary \n(1) In general \nChapter 3 of title 38, United States Code, is amended by inserting after section 306 the following new section: 306A. Under Secretary for Veterans Economic Opportunity and Transition \n(a) Under Secretary \nThere is in the Department an Under Secretary for Veterans Economic Opportunity and Transition, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary for Veterans Economic Opportunity and Transition shall be appointed without regard to political affiliation or activity and solely on the basis of demonstrated ability in— (1) information technology; and (2) the administration of programs within the Veterans Economic Opportunity and Transition Administration or programs of similar content and scope. (b) Responsibilities \nThe Under Secretary for Veterans Economic Opportunity and Transition is the head of, and is directly responsible to the Secretary for the operations of, the Veterans Economic Opportunity and Transition Administration. (c) Vacancies \n(1) Whenever a vacancy in the position of Under Secretary for Veterans Economic Opportunity and Transition occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position. (2) A commission established under this subsection shall be composed of the following members appointed by the Secretary: (A) Three persons representing education and training, vocational rehabilitation, employment, real estate, mortgage finance and related industries, and survivor benefits activities affected by the Veterans Economic Opportunity and Transition Administration. (B) Two persons representing veterans served by the Veterans Economic Opportunity and Transition Administration. (C) Two persons who have experience in the management of private sector benefits programs of similar content and scope to the economic opportunity and transition programs of the Department. (D) The Deputy Secretary of Veterans Affairs. (E) The chairman of the Veterans’ Advisory Committee on Education formed under section 3692 of this title. (F) One person who has held the position of Under Secretary for Veterans Economic Opportunity and Transition, if the Secretary determines that it is desirable for such person to be a member of the commission. (3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Veterans Economic Opportunity and Transition. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President and the Committees on Veterans’ Affairs of the Senate and House of Representatives with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment. (4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection.. (2) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 306 the following new item: 306A. Under Secretary for Veterans Economic Opportunity and Transition.. (b) Conforming amendments \nTitle 38, United States Code, is further amended— (1) in section 306(c)(2), by striking subparagraphs (A) and (E) and redesignating subparagraphs (B), (C), (D), and (F), as subparagraphs (A) through (D), respectively; (2) in section 317(d)(2), by inserting after Under Secretary for Benefits, the following: the Under Secretary for Veterans Economic Opportunity and Transition, ; (3) in section 318(d)(2), by inserting after Under Secretary for Benefits, the following: the Under Secretary for Veterans Economic Opportunity and Transition, ; (4) in section 516(e)(2)(C), by striking Health and the Under Secretary for Benefits and inserting Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition ; (5) in section 541(a)(2)(B), by striking Health and the Under Secretary for Benefits and inserting Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition ; (6) in section 542(a)(2)(B)(iii), by striking Health and the Under Secretary for Benefits and inserting Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition ; (7) in section 544(a)(2)(B)(vi), by striking Health and the Under Secretary for Benefits and inserting Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition ; (8) in section 709(c)(2)(A), by inserting after Under Secretary for Benefits, the following: the Under Secretary for Veterans Economic Opportunity and Transition, ; (9) in section 7701(a), by inserting after assistance the following: , other than assistance related to Economic Opportunity and Transition, ; and (10) in section 7703, by striking paragraphs (2) and (3) and redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. (c) Effective date \nSection 306A of title 38, United States Code, as added by subsection (a), and the amendments made by this section, shall take effect on October 1, 2023.", "id": "HCC1B35E13C6B43DCBB4D7E00D04BC5D6", "header": "Under Secretary for Veterans Economic Opportunity and Transition" }, { "text": "306A. Under Secretary for Veterans Economic Opportunity and Transition \n(a) Under Secretary \nThere is in the Department an Under Secretary for Veterans Economic Opportunity and Transition, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary for Veterans Economic Opportunity and Transition shall be appointed without regard to political affiliation or activity and solely on the basis of demonstrated ability in— (1) information technology; and (2) the administration of programs within the Veterans Economic Opportunity and Transition Administration or programs of similar content and scope. (b) Responsibilities \nThe Under Secretary for Veterans Economic Opportunity and Transition is the head of, and is directly responsible to the Secretary for the operations of, the Veterans Economic Opportunity and Transition Administration. (c) Vacancies \n(1) Whenever a vacancy in the position of Under Secretary for Veterans Economic Opportunity and Transition occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position. (2) A commission established under this subsection shall be composed of the following members appointed by the Secretary: (A) Three persons representing education and training, vocational rehabilitation, employment, real estate, mortgage finance and related industries, and survivor benefits activities affected by the Veterans Economic Opportunity and Transition Administration. (B) Two persons representing veterans served by the Veterans Economic Opportunity and Transition Administration. (C) Two persons who have experience in the management of private sector benefits programs of similar content and scope to the economic opportunity and transition programs of the Department. (D) The Deputy Secretary of Veterans Affairs. (E) The chairman of the Veterans’ Advisory Committee on Education formed under section 3692 of this title. (F) One person who has held the position of Under Secretary for Veterans Economic Opportunity and Transition, if the Secretary determines that it is desirable for such person to be a member of the commission. (3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Veterans Economic Opportunity and Transition. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President and the Committees on Veterans’ Affairs of the Senate and House of Representatives with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment. (4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection.", "id": "H31A97B218E01446F88C522BA75D64A69", "header": "Under Secretary for Veterans Economic Opportunity and Transition" }, { "text": "3. Transfer of services \n(a) Report to Congress \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Veterans' Affairs shall submit to the Committee on Veterans Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the progress toward establishing the Veterans Economic Opportunity and Transition Administration, as established under section 8001 of title 38, United States Code, as added by section 1, and the transition of the provision of services to veterans by such Administration. (b) Certification \nThe Secretary of Veterans Affairs may not transfer the function of providing any services to veterans to the Veterans Economic Opportunity and Transition Administration, as established under section 8001 of title 38, United States Code, as added by section 1, until the Secretary submits to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives certification that— (1) the transition of the provision of services to such Administration will not negatively affect the provision of such services to veterans; and (2) such services are ready to be transferred. (c) Deadline for certification \nThe Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives the certification required by subsection (b)— (1) no earlier than April 1, 2023; and (2) no later than September 1, 2023. (d) Failure To certify \nIf the Secretary fails to submit the certification required by subsection (b) by the date specified in subsection (c)(2), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report that includes— (1) the reason why the certification was not made by such date; and (2) the estimated date when the certification will be made.", "id": "HD672E7FFC61741D19B71D766BF8208F1", "header": "Transfer of services" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Public Service Loan Forgiveness Payment Completion Fairness Act or the PSLF Payment Completion Fairness Act.", "id": "H4CB82FC145724388AD5FFC642E3BB05C", "header": "Short title" }, { "text": "2. Public Service Loan Forgiveness \nSection 455(m)(1)(B) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m)(1)(B) ) is amended by striking (i) is employed and all that follows through (ii) has been and inserting has been.", "id": "H293E025B61824E5AB9DC7D2297F19E4D", "header": "Public Service Loan Forgiveness" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Clean Water Allotment Modernization Act of 2023.", "id": "S1", "header": "Short title" }, { "text": "2. Modification to allotments under the Federal Water Pollution Control Act \n(a) In general \nSection 205 of the Federal Water Pollution Control Act ( 33 U.S.C. 1285 ) is amended by striking the section designation and heading and all that follows through the end of subsection (a) and inserting the following: 205. Allotments \n(a) In general \n(1) Definitions \nIn this subsection: (A) Buy American oversight \nThe term Buy American oversight means any activity carried out by the Administrator for the purposes of management or oversight with respect to section 608. (B) Clean watersheds needs survey \nThe term clean watersheds needs survey means the detailed estimate prepared by the Administrator under section 516(b)(1)(B). (C) State \nThe term State means— (i) each of the 50 States; (ii) the District of Columbia; and (iii) the Commonwealth of Puerto Rico. (D) United States territory \nThe term United States territory means— (i) American Samoa; (ii) the Commonwealth of the Northern Mariana Islands; (iii) the United States Virgin Islands; and (iv) Guam. (2) Fiscal years 2024 through 2028 \n(A) Buy American oversight \nFor each of fiscal years 2024 through 2028, of the amounts made available to carry out this section for a fiscal year, the Administrator shall provide an allotment of not less than 0.1 percent for Buy American oversight. (B) Initial allotments to States \nFor each of fiscal years 2024 through 2028, of the amounts made available to carry out this section for a fiscal year, the Administrator shall provide an allotment to each State in an amount that is not less than the amount received by the State under this section in fiscal year 2023 under the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ). (C) Additional allotments to States \nNotwithstanding any other provision of this section, for each of fiscal years 2024 through 2028, of the amounts made available to carry out this section for a fiscal year that remain available after application of subparagraph (B), the Administrator shall provide an additional allotment to each State in an amount that is based on the proportion that, as determined using the most recently published annual estimate of the Bureau of the Census— (i) the population of the State; bears to (ii) the total population of all States. (D) Allotments to Indian tribes \nFor each of fiscal years 2024 through 2028, of the amounts made available to carry out this section for a fiscal year, the Administrator shall provide an allotment of 2 percent to Indian tribes. (E) Allotments to United States territories \nFor each of fiscal years 2024 through 2028, of the amounts made available to carry out this section for a fiscal year, the Administrator shall provide an allotment of 1.5 percent to United States territories. (3) Subsequent fiscal years \n(A) In general \nFor fiscal year 2029 and each fiscal year thereafter, in allotting amounts made available to carry out this section for a fiscal year, the Administrator shall use an updated allotment formula consistent with subparagraph (B). (B) Formula \n(i) Development \nThe Administrator shall, by regulation, develop a formula— (I) for the calculation of allotments of amounts made available to carry out this section for a fiscal year to States in accordance with clause (ii); and (II) that includes allotments of amounts made available to carry out this section for a fiscal year— (aa) to provide to Indian tribes in accordance with clause (iii); (bb) to provide to United States territories in accordance with clause (iv); and (cc) for Buy American oversight in accordance with clause (v). (ii) Allotments for States \nIn developing the formula required under subparagraph (A) for the allotments described in clause (i)(I), the Administrator shall— (I) base the formula on the needs of the States, as identified in the most recently available clean watersheds needs survey; and (II) ensure that each State receives not less than 1 percent of the amounts made available to carry out this section for a fiscal year. (iii) Allotments for Indian tribes \nIn developing the formula required under subparagraph (A) for the allotments described in clause (i)(II)(aa), the Administrator shall provide 2 percent of the amounts made available to carry out this section for a fiscal year to Indian tribes. (iv) Allotments for United States territories \nIn developing the formula required under subparagraph (A) for the allotments described in clause (i)(II)(bb), the Administrator shall provide 1.5 percent of the amounts made available to carry out this section for a fiscal year to United States territories. (v) Buy American oversight \nIn developing the formula required under subparagraph (A) for the allotments described in clause (i)(II)(cc), the Administrator shall ensure that 0.1 percent of the amounts made available to carry out this section for a fiscal year are used for Buy American oversight. (C) Timeline \n(i) Initial formula \nThe Administrator shall develop the initial formula required under subparagraph (A) by not later than September 30, 2028, to ensure that the formula is in effect for fiscal year 2029. (ii) Updates required \nAfter developing the formula required under subparagraph (A) by the date described in clause (i), the Administrator shall update that formula by not later than the date that is 1 year after the date on which the Administrator submits a new clean watersheds needs survey to Congress. (4) Savings provision \nTo the extent practicable, the Administrator shall continue developing the allotment formula under paragraph (2) until the date on which the Administrator submits to Congress a new clean watersheds needs survey for purposes of the formula required under paragraph (3)(A).. (b) No effect on infrastructure funds \nNothing in this section or an amendment made by this section affects— (1) amounts made available to carry out section 205 of the Federal Water Pollution Control Act ( 33 U.S.C. 1285 ) or title VI of that Act ( 33 U.S.C. 1381 et seq. ) under division J of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ; 135 Stat. 1350); or (2) any allocations of those amounts.", "id": "idC5E60C9AC4DE48AABC8F9F66D16DFED3", "header": "Modification to allotments under the Federal Water Pollution Control Act" }, { "text": "205. Allotments \n(a) In general \n(1) Definitions \nIn this subsection: (A) Buy American oversight \nThe term Buy American oversight means any activity carried out by the Administrator for the purposes of management or oversight with respect to section 608. (B) Clean watersheds needs survey \nThe term clean watersheds needs survey means the detailed estimate prepared by the Administrator under section 516(b)(1)(B). (C) State \nThe term State means— (i) each of the 50 States; (ii) the District of Columbia; and (iii) the Commonwealth of Puerto Rico. (D) United States territory \nThe term United States territory means— (i) American Samoa; (ii) the Commonwealth of the Northern Mariana Islands; (iii) the United States Virgin Islands; and (iv) Guam. (2) Fiscal years 2024 through 2028 \n(A) Buy American oversight \nFor each of fiscal years 2024 through 2028, of the amounts made available to carry out this section for a fiscal year, the Administrator shall provide an allotment of not less than 0.1 percent for Buy American oversight. (B) Initial allotments to States \nFor each of fiscal years 2024 through 2028, of the amounts made available to carry out this section for a fiscal year, the Administrator shall provide an allotment to each State in an amount that is not less than the amount received by the State under this section in fiscal year 2023 under the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ). (C) Additional allotments to States \nNotwithstanding any other provision of this section, for each of fiscal years 2024 through 2028, of the amounts made available to carry out this section for a fiscal year that remain available after application of subparagraph (B), the Administrator shall provide an additional allotment to each State in an amount that is based on the proportion that, as determined using the most recently published annual estimate of the Bureau of the Census— (i) the population of the State; bears to (ii) the total population of all States. (D) Allotments to Indian tribes \nFor each of fiscal years 2024 through 2028, of the amounts made available to carry out this section for a fiscal year, the Administrator shall provide an allotment of 2 percent to Indian tribes. (E) Allotments to United States territories \nFor each of fiscal years 2024 through 2028, of the amounts made available to carry out this section for a fiscal year, the Administrator shall provide an allotment of 1.5 percent to United States territories. (3) Subsequent fiscal years \n(A) In general \nFor fiscal year 2029 and each fiscal year thereafter, in allotting amounts made available to carry out this section for a fiscal year, the Administrator shall use an updated allotment formula consistent with subparagraph (B). (B) Formula \n(i) Development \nThe Administrator shall, by regulation, develop a formula— (I) for the calculation of allotments of amounts made available to carry out this section for a fiscal year to States in accordance with clause (ii); and (II) that includes allotments of amounts made available to carry out this section for a fiscal year— (aa) to provide to Indian tribes in accordance with clause (iii); (bb) to provide to United States territories in accordance with clause (iv); and (cc) for Buy American oversight in accordance with clause (v). (ii) Allotments for States \nIn developing the formula required under subparagraph (A) for the allotments described in clause (i)(I), the Administrator shall— (I) base the formula on the needs of the States, as identified in the most recently available clean watersheds needs survey; and (II) ensure that each State receives not less than 1 percent of the amounts made available to carry out this section for a fiscal year. (iii) Allotments for Indian tribes \nIn developing the formula required under subparagraph (A) for the allotments described in clause (i)(II)(aa), the Administrator shall provide 2 percent of the amounts made available to carry out this section for a fiscal year to Indian tribes. (iv) Allotments for United States territories \nIn developing the formula required under subparagraph (A) for the allotments described in clause (i)(II)(bb), the Administrator shall provide 1.5 percent of the amounts made available to carry out this section for a fiscal year to United States territories. (v) Buy American oversight \nIn developing the formula required under subparagraph (A) for the allotments described in clause (i)(II)(cc), the Administrator shall ensure that 0.1 percent of the amounts made available to carry out this section for a fiscal year are used for Buy American oversight. (C) Timeline \n(i) Initial formula \nThe Administrator shall develop the initial formula required under subparagraph (A) by not later than September 30, 2028, to ensure that the formula is in effect for fiscal year 2029. (ii) Updates required \nAfter developing the formula required under subparagraph (A) by the date described in clause (i), the Administrator shall update that formula by not later than the date that is 1 year after the date on which the Administrator submits a new clean watersheds needs survey to Congress. (4) Savings provision \nTo the extent practicable, the Administrator shall continue developing the allotment formula under paragraph (2) until the date on which the Administrator submits to Congress a new clean watersheds needs survey for purposes of the formula required under paragraph (3)(A).", "id": "idFE4BAA7B5A7F4F788EEDC05BD7A84090", "header": "Allotments" }, { "text": "3. Clean watersheds needs survey \nSection 516(b) of the Federal Water Pollution Control Act ( 33 U.S.C. 1375(b) ) is amended— (1) by striking paragraph (2); (2) in paragraph (1)— (A) in the third sentence, by striking Whenever the Administrator, and inserting the following: (3) Submission to Congress \nWhenever the Administrator, ; and (B) in the second sentence, by striking The Administrator shall and inserting the following: (2) Deadline \nThe Administrator shall ; (3) by striking the subsection designation and all that follows through The Administrator, in paragraph (1) and inserting the following: (b) Estimates; studies; analyses \n(1) In general \nThe Administrator, ; and (4) in paragraph (1) (as so amended)— (A) by striking ; and (D) a comprehensive and inserting the following: ; and (D) a comprehensive ; (B) by striking (C) a comprehensive and inserting the following: (C) a comprehensive ; (C) by striking (B) a detailed estimate and all that follows through in each of the States; and inserting the following: (B) a detailed estimate, biennially revised, of the cost of construction of all planned publicly owned treatment works in each State, and all needed publicly owned treatment works in each State, which shall include a detailed estimate of— (i) the cost of construction for rehabilitating or upgrading all existing publicly owned treatment works (excluding any pipe or other device or system for the conveyance of wastewater) every 20 years, including the cost of implementing measures necessary to address the resilience and sustainability of publicly owned treatment works to manmade or natural disasters; and (ii) the cost of construction for replacing 10 percent of existing publicly owned pipes and other devices and systems for the conveyance of wastewater to publicly owned treatment works over the 20-year period following the date of the estimate; ; and (D) by striking shall make (A) a detailed estimate and inserting the following: shall make— (A) a detailed estimate.", "id": "id48CDA5CA428A4F078FE34F35D03D5B4A", "header": "Clean watersheds needs survey" }, { "text": "4. Additional eligible use of allotted funds \nSection 603 of the Federal Water Pollution Control Act ( 33 U.S.C. 1383 ) is amended by adding at the end the following: (k) Additional eligible use of allotted funds \nNotwithstanding any other provision of this section, each fiscal year, a State may reserve up to 0.5 percent of the amounts allotted to the State under this title and section 205(m) for that fiscal year to carry out activities necessary to create the detailed estimate under section 516(b)(1)(B)..", "id": "id748F7C57BD13470BAE8005D192EAD836", "header": "Additional eligible use of allotted funds" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Intelligence Authorization Act for Fiscal Year 2024. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Intelligence activities Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Intelligence Community Management Account. Sec. 104. Increase in employee compensation and benefits authorized by law. TITLE II—Central Intelligence Agency retirement and disability system Sec. 201. Authorization of appropriations. TITLE III—Intelligence community matters Subtitle A—General intelligence community matters Sec. 301. Post-graduate employment of Department of Defense Cyber and Digital Service Academy scholarship recipients in intelligence community. Sec. 302. Plan to recruit, train, and retain personnel with experience in financial intelligence and emerging technologies. Sec. 303. Policy and performance framework for mobility of intelligence community workforce. Sec. 304. In-State tuition rates for active duty members of the intelligence community. Sec. 305. Standards, criteria, and guidance for counterintelligence vulnerability assessments and surveys. Sec. 306. Improving administration of certain post-employment restrictions for intelligence community. Sec. 307. Mission of the National Counterintelligence and Security Center. Sec. 308. Prohibition relating to transport of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Sec. 309. Department of Energy review of certain foreign visitors and assignees to National Laboratories. Sec. 310. Congressional oversight of intelligence community risk assessments. Sec. 311. Inspector General review of dissemination by Federal Bureau of Investigation Richmond, Virginia, field office of certain document. Sec. 312. Office of Intelligence and Analysis. Subtitle B—Central Intelligence Agency Sec. 321. Protection of Central Intelligence Agency facilities and assets from unmanned aircraft. Sec. 322. Change to penalties and increased availability of mental health treatment for unlawful conduct on Central Intelligence Agency installations. Sec. 323. Modifications to procurement authorities of the Central Intelligence Agency. Sec. 324. Establishment of Central Intelligence Agency standard workplace sexual misconduct complaint investigation procedure. Sec. 325. Pay cap for diversity, equity, and inclusion staff and contract employees of the Central Intelligence Agency. TITLE IV—Matters concerning foreign countries Subtitle A—People’s Republic of China Sec. 401. Intelligence community coordinator for accountability of atrocities of the People's Republic of China. Sec. 402. Interagency working group and report on the malign efforts of the People's Republic of China in Africa. Sec. 403. Amendment to requirement for annual assessment by intelligence community working group for monitoring the economic and technological capabilities of the People's Republic of China. Sec. 404. Assessments of reciprocity in the relationship between the United States and the People’s Republic of China. Sec. 405. Annual briefing on intelligence community efforts to identify and mitigate Chinese Communist Party political influence operations and information warfare against the United States. Sec. 406. Assessment of threat posed to United States ports by cranes manufactured by countries of concern. Subtitle B—Russian Federation Sec. 411. Assessment of lessons learned by intelligence community with respect to conflict in Ukraine. Sec. 412. National intelligence estimate on long-term confrontation with Russia. Subtitle C—Other foreign countries Sec. 421. Report on efforts to capture and detain United States citizens as hostages. Sec. 422. Sense of Congress on priority of fentanyl in National Intelligence Priorities Framework. TITLE V—Matters pertaining to United States economic and emerging technology competition with United States adversaries Subtitle A—General matters Sec. 501. Office of Global Competition Analysis. Sec. 502. Assignment of detailees from intelligence community to Department of Commerce. Sec. 503. Threats posed by information and communications technology and services transactions and other activities. Sec. 504. Revision of regulations defining sensitive national security property for Committee on Foreign Investment in the United States reviews. Sec. 505. Support of intelligence community for export controls and other missions of the Department of Commerce. Sec. 506. Review regarding information collection and analysis with respect to economic competition. Subtitle B—Next-generation energy, biotechnology, and artificial intelligence Sec. 511. Expanded annual assessment of economic and technological capabilities of the People's Republic of China. Sec. 512. Procurement of public utility contracts. Sec. 513. Assessment of using civil nuclear energy for intelligence community capabilities. Sec. 514. Policies established by Director of National Intelligence for artificial intelligence capabilities. Sec. 515. Strategy for submittal of notice by private persons to Federal agencies regarding certain risks and threats relating to artificial intelligence. TITLE VI—Whistleblower matters Sec. 601. Submittal to Congress of complaints and information by whistleblowers in the intelligence community. Sec. 602. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community. Sec. 603. Establishing process parity for adverse security clearance and access determinations. Sec. 604. Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations. Sec. 605. Modification and repeal of reporting requirements. TITLE VII—Classification reform Subtitle A—Classification Reform Act of 2023 Chapter 1—Short title; definitions Sec. 701. Short title. Sec. 702. Definitions. Chapter 2—Governance and accountability for reform of the security classification system Sec. 711. Executive Agent for Classification and Declassification. Sec. 712. Executive Committee on Classification and Declassification Programs and Technology. Sec. 713. Advisory bodies for Executive Agent for Classification and Declassification. Sec. 714. Information Security Oversight Office. Chapter 3—Reducing overclassification Sec. 721. Classification and declassification of information. Sec. 722. Declassification working capital funds. Sec. 723. Transparency officers. Chapter 4—Preventing mishandling of classified information Sec. 731. Security review of certain records of the President and Vice President. Sec. 732. Mandatory counterintelligence risk assessments. Sec. 733. Minimum standards for Executive agency insider threat programs. Chapter 5—Other matters Sec. 741. Prohibitions. Sec. 742. Conforming amendment. Sec. 743. Clerical amendment. Subtitle B—Sensible Classification Act of 2023 Sec. 751. Short title. Sec. 752. Definitions. Sec. 753. Findings and sense of the Senate. Sec. 754. Classification authority. Sec. 755. Promoting efficient declassification review. Sec. 756. Training to promote sensible classification. Sec. 757. Improvements to Public Interest Declassification Board. Sec. 758. Implementation of technology for classification and declassification. Sec. 759. Studies and recommendations on necessity of security clearances. TITLE VIII—Security clearance and trusted workforce Sec. 801. Review of shared information technology services for personnel vetting. Sec. 802. Timeliness standard for rendering determinations of trust for personnel vetting. Sec. 803. Annual report on personnel vetting trust determinations. Sec. 804. Survey to assess strengths and weaknesses of Trusted Workforce 2.0. Sec. 805. Prohibition on denial of eligibility for access to classified information solely because of past use of cannabis. TITLE IX—Anomalous health incidents Sec. 901. Improved funding flexibility for payments made by the Central Intelligence Agency for qualifying injuries to the brain. Sec. 902. Clarification of requirements to seek certain benefits relating to injuries to the brain. Sec. 903. Intelligence community implementation of HAVANA Act of 2021 authorities. Sec. 904. Report and briefing on Central Intelligence Agency handling of anomalous health incidents. TITLE X—Election security Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for Elections through Independent Testing Act of 2023. Sec. 1002. Protecting Ballot Measures from Foreign Influence Act of 2023. TITLE XI—Other matters Sec. 1101. Modification of reporting requirement for All-domain Anomaly Resolution Office. Sec. 1102. Modifications to notification on the provision of defense sensitive support. Sec. 1103. Modification of congressional oversight of special access programs. Sec. 1104. Funding limitations relating to unidentified anomalous phenomena.", "id": "H16F5B973F5154D448E26B697EACE564C", "header": "Short title; table of contents" }, { "text": "2. Definitions \nIn this Act: (1) Congressional intelligence committees \nThe term congressional intelligence committees has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (2) Intelligence community \nThe term intelligence community has the meaning given such term in such section.", "id": "HDEBA88C4C9224B639D37B2BF0B5EE0D9", "header": "Definitions" }, { "text": "101. Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal year 2024 for the conduct of the intelligence and intelligence-related activities of the Federal Government.", "id": "HC4C024E7DCBB4402940B0177F2F43356", "header": "Authorization of appropriations" }, { "text": "102. Classified Schedule of Authorizations \n(a) Specifications of amounts \nThe amounts authorized to be appropriated under section 101 for the conduct of the intelligence activities of the Federal Government are those specified in the classified Schedule of Authorizations prepared to accompany this Act. (b) Availability of classified Schedule of Authorizations \n(1) Availability \nThe classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President. (2) Distribution by the President \nSubject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations referred to in subsection (a), or of appropriate portions of such Schedule, within the executive branch of the Federal Government. (3) Limits on disclosure \nThe President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except— (A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 50 U.S.C. 3306(a) ); (B) to the extent necessary to implement the budget; or (C) as otherwise required by law.", "id": "HA95BC11DB0A24448910F9AA770957986", "header": "Classified Schedule of Authorizations" }, { "text": "103. Intelligence Community Management Account \n(a) Authorization of appropriations \nThere is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2024 the sum of $658,950,000. (b) Classified authorization of appropriations \nIn addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2024 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a).", "id": "H692FEA0C6BD5415F98D109012804658B", "header": "Intelligence Community Management Account" }, { "text": "104. Increase in employee compensation and benefits authorized by law \nAppropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.", "id": "HB083673E36534422907D4F486CD827C2", "header": "Increase in employee compensation and benefits authorized by law" }, { "text": "201. Authorization of appropriations \nThere is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund $514,000,000 for fiscal year 2024.", "id": "H44FFC8AAFA5F493A9CB25523C8E49D95", "header": "Authorization of appropriations" }, { "text": "301. Post-graduate employment of Department of Defense Cyber and Digital Service Academy scholarship recipients in intelligence community \nSection 1535(d) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) is amended by inserting or of an element of the intelligence community (as that term is defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) after missions of the Department.", "id": "id0F6EDEAADF6941B6BBD1FFD867443CCD", "header": "Post-graduate employment of Department of Defense Cyber and Digital Service Academy scholarship recipients in intelligence community" }, { "text": "302. Plan to recruit, train, and retain personnel with experience in financial intelligence and emerging technologies \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the heads of human capital of the Central Intelligence Agency, the National Security Agency, and the Federal Bureau of Investigation, shall submit to the congressional intelligence committees a plan for the intelligence community to recruit, train, and retain personnel who have skills and experience in financial intelligence and emerging technologies in order to improve analytic tradecraft. (b) Elements \nThe plan required by subsection (a) shall include the following elements: (1) An assessment, including measurable benchmarks of progress, of current initiatives of the intelligence community to recruit, train, and retain personnel who have skills and experience in financial intelligence and emerging technologies. (2) An assessment of whether personnel in the intelligence community who have such skills are currently well integrated into the analytical cadre of the relevant elements of the intelligence community that produce analyses with respect to financial intelligence and emerging technologies. (3) An identification of challenges to hiring or compensation in the intelligence community that limit progress toward rapidly increasing the number of personnel with such skills, and an identification of hiring or other reforms to resolve such challenges. (4) A determination of whether the National Intelligence University has the resources and expertise necessary to train existing personnel in financial intelligence and emerging technologies. (5) A strategy, including measurable benchmarks of progress, to, by January 1, 2025, increase by 10 percent the analytical cadre of personnel with expertise and previous employment in financial intelligence and emerging technologies.", "id": "idb6cb3935dbb943df9e95ca8eed2d311b", "header": "Plan to recruit, train, and retain personnel with experience in financial intelligence and emerging technologies" }, { "text": "303. Policy and performance framework for mobility of intelligence community workforce \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall develop and implement a policy and performance framework to ensure the timely and effective mobility of employees and contractors of the Federal Government who are transferring employment between elements of the intelligence community. (b) Elements \nThe policy and performance framework required by subsection (a) shall include processes with respect to the following: (1) Human resources. (2) Medical reviews. (3) Determinations of suitability or eligibility for access to classified information in accordance with Executive Order 13467 ( 50 U.S.C. 3161 note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information).", "id": "id0521cf96f688457a9bd5f87171b66fcf", "header": "Policy and performance framework for mobility of intelligence community workforce" }, { "text": "304. In-State tuition rates for active duty members of the intelligence community \n(a) In general \nSection 135(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1015d(d) ), as amended by section 6206(a)(4) of the Foreign Service Families Act of 2021 ( Public Law 117–81 ), is further amended— (1) in paragraph (1), by striking or after the semicolon; (2) in paragraph (2), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (3) a member of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) (other than a member of the Armed Forces of the United States) who is on active duty for a period of more than 30 days.. (b) Effective date \nThe amendments made by subsection (a) shall take effect at each public institution of higher education in a State that receives assistance under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) for the first period of enrollment at such institution that begins after July 1, 2026.", "id": "id866B61D16DFC4071B2AD3D8B692C2385", "header": "In-State tuition rates for active duty members of the intelligence community" }, { "text": "305. Standards, criteria, and guidance for counterintelligence vulnerability assessments and surveys \nSection 904(d)(7)(A) of the Counterintelligence Enhancement Act of 2002 ( 50 U.S.C. 3383(d)(7)(A) ) is amended to read as follows: (A) Counterintelligence vulnerability assessments and surveys \nTo develop standards, criteria, and guidance for counterintelligence risk assessments and surveys of the vulnerability of the United States to intelligence threats, including with respect to critical infrastructure and critical technologies, in order to identify the areas, programs, and activities that require protection from such threats..", "id": "ida06c39daa1ad4b34b85f2796fdad25cd", "header": "Standards, criteria, and guidance for counterintelligence vulnerability assessments and surveys" }, { "text": "306. Improving administration of certain post-employment restrictions for intelligence community \nSection 304 of the National Security Act of 1947 ( 50 U.S.C. 3073a ) is amended— (1) in subsection (c)(1)— (A) by striking A former and inserting the following: (A) In general \nA former ; and (B) by adding at the end the following: (B) Prior disclosure to Director of National Intelligence \n(i) In general \nIn the case of a former employee who occupies a covered post-service position in violation of subsection (a), whether the former employee voluntarily notified the Director of National Intelligence of the intent of the former employee to occupy such covered post-service position before occupying such post-service position may be used in determining whether the violation was knowing and willful for purposes of subparagraph (A). (ii) Procedures and guidance \nThe Director of National Intelligence may establish procedures and guidance relating to the submittal of notice for purposes of clause (i). ; and (2) in subsection (d)— (A) in paragraph (1), by inserting the restrictions under subsection (a) and before the report requirements ; (B) in paragraph (2), by striking ceases to occupy and inserting occupies ; and (C) in paragraph (3)(B), by striking before the person ceases to occupy a covered intelligence position and inserting when the person occupies a covered intelligence position.", "id": "id7A211B1E5D3B404B8255A4D63FB252AB", "header": "Improving administration of certain post-employment restrictions for intelligence community" }, { "text": "307. Mission of the National Counterintelligence and Security Center \n(a) In general \nSection 904 of the Counterintelligence Enhancement Act of 2002 ( 50 U.S.C. 3383 ) is amended— (1) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; and (2) by inserting after subsection (c) the following: (d) Mission \nThe mission of the National Counterintelligence and Security Center shall include organizing and leading strategic planning for counterintelligence activities of the United States Government by integrating instruments of national power as needed to counter foreign intelligence activities.. (b) Conforming amendments \n(1) Counterintelligence Enhancement Act of 2002 \nSection 904 of the Counterintelligence Enhancement Act of 2002 ( 50 U.S.C. 3383 ) is amended— (A) in subsection (e), as redesignated by subsection (a)(1), by striking Subject to subsection (e) both places it appears and inserting Subject to subsection (f) ; and (B) in subsection (f), as so redesignated— (i) in paragraph (1), by striking subsection (d)(1) and inserting subsection (e)(1) ; and (ii) in paragraph (2), by striking subsection (d)(2) and inserting subsection (e)(2). (2) Counterintelligence and Security Enhancements Act of 1994 \nSection 811(d)(1)(B)(ii) of the Counterintelligence and Security Enhancements Act of 1994 ( 50 U.S.C. 3381(d)(1)(B)(ii) ) is amended by striking section 904(d)(2) of that Act ( 50 U.S.C. 3383(d)(2) ) and inserting section 904(e)(2) of that Act ( 50 U.S.C. 3383(e)(2) ).", "id": "idF418ACB8D30E4EE5A473CB65FFB84F70", "header": "Mission of the National Counterintelligence and Security Center" }, { "text": "308. Prohibition relating to transport of individuals detained at United States Naval Station, Guantanamo Bay, Cuba \n(a) Definition of individual detained at Guantanamo \nIn this section, the term individual detained at Guantanamo has the meaning given that term in section 1034(f)(2) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 971; 10 U.S.C. 801 note). (b) Prohibition on chartering private or commercial aircraft to transport individuals detained at United States Naval Station, Guantanamo Bay, Cuba \nNo head of an element of the intelligence community may charter any private or commercial aircraft to transport an individual who is or was an individual detained at Guantanamo.", "id": "id283C089602D9464C8E3C2FA5FBDE1B3E", "header": "Prohibition relating to transport of individuals detained at United States Naval Station, Guantanamo Bay, Cuba" }, { "text": "309. Department of Energy review of certain foreign visitors and assignees to National Laboratories \n(a) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Select Committee on Intelligence of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Permanent Select Committee on Intelligence of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. (2) Director \nThe term Director means the Director of the Office of Intelligence and Counterintelligence of the Department of Energy (or a designee). (3) Foreign national \nThe term foreign national has the meaning given the term alien in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). (4) National Laboratory \nThe term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (5) Sensitive country \nThe term sensitive country means a country to which particular consideration is given for policy reasons during the Department of Energy internal review and approval process for visits by, and assignments of, foreign nationals to National Laboratories. (6) Sensitive country national \nThe term sensitive country national means a foreign national who was born in, is a citizen of, or is employed by a government, employer, institution, or organization of, a sensitive country. (7) Sensitive country visitor or assignee \n(A) In general \nThe term sensitive country visitor or assignee means a visitor or assignee who is a sensitive country national. (B) Associated definitions \nFor purposes of this paragraph: (i) Assignee \nThe term assignee means an individual who is seeking approval from, or has been approved by, a National Laboratory to access the premises, information, or technology of the National Laboratory for a period of more than 30 consecutive calendar days. (ii) Visitor \nThe term visitor mans an individual who is seeking approval from, or has been approved by, a National Laboratory to access the premises, information, or technology of the National Laboratory for any period other than a period described in clause (i). (b) Recommendations with respect to sensitive country visitors or assignees \n(1) Notification and recommendation requirement \nOn determination that a proposed sensitive country visitor or assignee poses a counterintelligence risk to a National Laboratory, the Director shall— (A) notify the National Laboratory of the determination; and (B) provide a recommendation to the National Laboratory on whether to grant or deny the proposed sensitive country visitor or assignee access to the premises, information, or technology of the National Laboratory. (2) Prohibition \nA National Laboratory may not allow a sensitive country visitor or assignee that the Director has identified as a counterintelligence risk under paragraph (1) to have any access to the premises, information, or technology of the National Laboratory until the Director has submitted the notification and recommendation to the National Laboratory as described in paragraph (1). (3) Application to other National Laboratories \nIf the Director makes a recommendation under paragraph (1) that a sensitive country visitor or assignee should not be granted access to the premises, information, or technology of a National Laboratory— (A) the Director shall notify each National Laboratory of that recommendation; and (B) that recommendation shall apply to each National Laboratory with respect to that sensitive country visitor or assignee. (c) Notification to Director \n(1) In general \nAfter receiving a recommendation to deny access under subsection (b)(1)(B), a National Laboratory shall submit to the Director a notification of the decision of the National Laboratory to grant or deny access to the premises, information, or technology of the National Laboratory to the sensitive country visitor or assignee that is the subject of the recommendation. (2) Timing \nIf a National Laboratory decides to grant access to a sensitive country visitor or assignee despite a recommendation to deny access, the notification under paragraph (1) shall be submitted to the Director before the sensitive country visitor or assignee is granted access to the premises, information, or technology of the National Laboratory. (d) Reports to Congress \n(1) In general \nThe Director shall submit to the appropriate committees of Congress an unclassified quarterly report listing each instance in which a National Laboratory indicates in a notification submitted under subsection (c)(1) that the National Laboratory has decided to grant a sensitive country visitor or assignee access to the premises, information, or technology of the National Laboratory. (2) Requirement \nEach quarterly report under paragraph (1) shall include the recommendation of the Director under subsection (b)(1)(B) with respect to the applicable sensitive country visitor or assignee.", "id": "id5B7F73AB1C9D48AE94DAE76B43B939BD", "header": "Department of Energy review of certain foreign visitors and assignees to National Laboratories" }, { "text": "310. Congressional oversight of intelligence community risk assessments \n(a) Risk assessment documents and materials \nExcept as provided in subsection (b), whenever an element of the intelligence community conducts a risk assessment arising from the mishandling or improper disclosure of classified information, the Director of National Intelligence shall, not later than 30 days after the date of the commencement of such risk assessment— (1) submit to the congressional intelligence committees copies of such documents and materials as are— (A) within the jurisdiction of such committees; and (B) subject to the risk assessment; and (2) provide such committees a briefing on such documents, materials, and risk assessment. (b) Exception \nIf the Director determines, with respect to a risk assessment described in subsection (a), that the documents and other materials otherwise subject to paragraph (1) of such subsection (a) are of such a volume that submittal pursuant to such paragraph would be impracticable, the Director shall— (1) in lieu of submitting copies of such documents and materials, submit a log of such documents and materials; and (2) pursuant to a request by the Select Committee on Intelligence of the Senate or the Permanent Select Committee on Intelligence of the House of Representatives for a copy of a document or material included in such log, submit to such committee such copy.", "id": "id67c0e423aae842e4a4304c6cb833fc83", "header": "Congressional oversight of intelligence community risk assessments" }, { "text": "311. Inspector General review of dissemination by Federal Bureau of Investigation Richmond, Virginia, field office of certain document \n(a) Review required \nNot later than 120 days after the date of the enactment of this Act, the Inspector General of the Department of Justice shall conduct a review of the actions and events, including any underlying policy direction, that served as a basis for the January 23, 2023, dissemination by the field office of the Federal Bureau of Investigation located in Richmond, Virginia, of a document titled Interest of Racially or Ethnically Motivated Violent Extremists in Radical-Traditionalist Catholic Ideology Almost Certainly Presents New Mitigation Opportunities.. (b) Submittal to Congress \nThe Inspector General of the Department of Justice shall submit to the congressional intelligence committees the findings of the Inspector General with respect to the review required by subsection (a).", "id": "id567126fb7ba0413dbce6a4e618a2c5e0", "header": "Inspector General review of dissemination by Federal Bureau of Investigation Richmond, Virginia, field office of certain document" }, { "text": "312. Office of Intelligence and Analysis \nSection 201 of the Homeland Security Act of 2002 ( 6 U.S.C. 121 ) is amended by adding at the end the following: (h) Prohibition \n(1) Definition \nIn this subsection, the term United States person means a United States citizen, an alien known by the Office of Intelligence and Analysis to be a permanent resident alien, an unincorporated association substantially composed of United States citizens or permanent resident aliens, or a corporation incorporated in the United States, except for a corporation directed and controlled by 1 or more foreign governments. (2) Collection of information from United States persons \n(A) In general \nNotwithstanding any other provision of law, the Office of Intelligence and Analysis may not engage in the collection of information or intelligence targeting any United States person except as provided in subparagraph (B). (B) Exception \nSubparagraph (A) shall not apply to any employee, officer, or contractor of the Office of Intelligence and Analysis who is responsible for collecting information from individuals working for a State, local, or Tribal territory government or a private employer..", "id": "id4A867A22589D45C8AA8641922FCF51FD", "header": "Office of Intelligence and Analysis" }, { "text": "321. Protection of Central Intelligence Agency facilities and assets from unmanned aircraft \nThe Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3501 et seq. ) is amended by inserting after section 15 the following new section: 15A. Protection of certain facilities and assets from unmanned aircraft \n(a) Definitions \nIn this section: (1) Budget \nThe term budget , with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31, United States Code. (2) Congressional intelligence committees \nThe term congressional intelligence committees has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (3) Congressional judiciary committees \nThe term congressional judiciary committees means— (A) the Committee on the Judiciary of the Senate; and (B) the Committee on the Judiciary of the House of Representatives. (4) Congressional transportation and infrastructure committees \nThe term congressional transportation and infrastructure committees means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representatives. (5) Covered facility or asset \nThe term covered facility or asset means the headquarters compound of the Agency and the property controlled and occupied by the Federal Highway Administration located immediately adjacent to such compound (subject to a risk-based assessment as defined for purposes of this section), or any other installation and protected property of the Agency where the facility or asset— (A) is identified as high risk and a potential target for unlawful unmanned aircraft activity by the Director, in coordination with the Secretary of Transportation, with respect to potentially affected airspace, through a risk-based assessment for purposes of this section; (B) is located in the United States; and (C) directly relates to one or more functions authorized to be performed by the Agency, pursuant to the National Security Act of 1947 ( 50 U.S.C. 3001 et seq. ) or this Act. (6) Electronic communication \nThe term electronic communication has the meaning given such term in section 2510 of title 18, United States Code. (7) Intercept \nThe term intercept has the meaning given such term in section 2510 of title 18, United States Code. (8) Radio communication \nThe term radio communication has the meaning given that term in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ). (9) Risk-based assessment \nThe term risk-based assessment includes an evaluation of threat information specific to a covered facility or asset and, with respect to potential effects on the safety and efficiency of the national airspace system and the needs of national security at each covered facility or asset identified by the Director, an evaluation of each of the following factors: (A) Potential effects on safety, efficiency, and use of the national airspace system, including potential effects on manned aircraft and unmanned aircraft systems, aviation safety, airport operations, infrastructure, and air navigation services relating to the use of any system or technology for carrying out the actions described in subsection (c)(1). (B) Options for mitigating any identified effects on the national airspace system relating to the use of any system or technology, including minimizing when possible the use of any system or technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (c)(1). (C) Potential consequences of any actions taken under subsection (c)(1) to the national airspace system and infrastructure, if not mitigated. (D) The ability to provide reasonable advance notice to aircraft operators consistent with the safety of the national airspace system and the needs of national security. (E) The setting and character of any covered facility or asset, including whether it is located in a populated area or near other structures, and any potential for interference with wireless communications or for injury or damage to persons or property. (F) Potential consequences to national security if threats posed by unmanned aircraft systems or unmanned aircraft are not mitigated or defeated. (10) Oral communication \nThe term oral communication has the meaning given such term in section 2510 of title 18, United States Code. (11) United States \nThe term United States has the meaning given such term in section 5 of title 18, United States Code. (12) Unmanned aircraft and unmanned aircraft system \nThe terms unmanned aircraft and unmanned aircraft system have the meanings given such terms in section 44801 of title 49, United States Code. (13) Wire communication \nThe term wire communication has the meaning given such term in section 2510 of title 18, United States Code. (b) Authority \nNotwithstanding section 46502 of title 49, United States Code, section 32, 1030, or 1367 of title 18, United States Code, or chapter 119 or 206 of such title, the Director may take, and may authorize personnel of the Agency with assigned duties that include the security or protection of people, facilities, or assets within the United States, to take— (1) such actions described in subsection (c)(1) that are necessary to detect, identify, monitor, track, or mitigate a credible threat (as defined by the Director, in consultation with the Secretary of Transportation) that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset; and (2) such actions described in subsection (c)(2). (c) Actions \n(1) Actions described \nThe actions described in this paragraph are the following: (A) During the operation of the unmanned aircraft system, detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire communication, an oral communication, or an electronic communication used to control the unmanned aircraft system or unmanned aircraft. (B) Warn the operator of the unmanned aircraft system or unmanned aircraft, including by doing so passively or actively, and by direct or indirect physical, electronic, radio, and electromagnetic means. (C) Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, including by disabling the unmanned aircraft system or unmanned aircraft by intercepting, interfering with, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system or unmanned aircraft. (D) Seize or exercise control of the unmanned aircraft system or unmanned aircraft. (E) Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft. (F) Use reasonable force, if necessary, to seize or otherwise disable, damage, or destroy the unmanned aircraft system or unmanned aircraft. (2) Research, testing, training, and evaluation \nThe Director shall conduct research, testing, and training on, and evaluation of, any equipment, including any electronic equipment, to determine the capability and utility of the equipment prior to the use of the equipment for any action described in paragraph (1). Personnel and contractors who do not have duties that include the safety, security, or protection of people, facilities, or assets may engage in research, testing, training, and evaluation activities pursuant to this section. (3) Coordination \n(A) Secretary of Transportation \nThe Director shall develop the actions described in paragraph (1) in coordination with the Secretary of Transportation. (B) Administrator of Federal Aviation Administration \nThe Director shall coordinate with the Administrator of the Federal Aviation Administration on any action described in paragraphs (1) and (3) so the Administrator may ensure that unmanned aircraft system detection and mitigation systems do not adversely affect or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system. (d) Forfeiture \nAny unmanned aircraft system or unmanned aircraft described in subsection (b) that is seized by the Director is subject to forfeiture to the United States. (e) Regulations and guidance \n(1) Issuance \nThe Director and the Secretary of Transportation may each prescribe regulations, and shall each issue guidance, to carry out this section. (2) Coordination \n(A) Requirement \nThe Director shall coordinate the development of guidance under paragraph (1) with the Secretary of Transportation. (B) Aviation safety \nThe Director shall coordinate with the Secretary of Transportation and the Administrator of the Federal Aviation Administration before issuing any guidance, or otherwise implementing this section, so the Administrator may ensure that unmanned aircraft system detection and mitigation systems do not adversely affect or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system. (f) Privacy protection \nThe regulations prescribed or guidance issued under subsection (e) shall ensure that— (1) the interception or acquisition of, access to, or maintenance or use of, communications to or from an unmanned aircraft system or unmanned aircraft under this section is conducted in a manner consistent with the First and Fourth Amendments to the Constitution of the United States and applicable provisions of Federal law; (2) communications to or from an unmanned aircraft system or unmanned aircraft are intercepted or acquired only to the extent necessary to support an action described in subsection (c); (3) records of such communications are maintained only for as long as necessary, and in no event for more than 180 days, unless the Director determines that maintenance of such records for a longer period is required under Federal law or necessary for the investigation or prosecution of a violation of law, to fulfill a duty, responsibility, or function of the Agency, or for the purpose of any litigation; (4) such communications are not disclosed outside the Agency unless the disclosure— (A) is necessary to investigate or prosecute a violation of law; (B) would support the Agency, the Department of Defense, a Federal law enforcement, intelligence, or security agency, or a State, local, tribal, or territorial law enforcement agency, or other relevant person or entity if such entity or person is engaged in a security or protection operation; (C) is necessary to support a department or agency listed in subparagraph (B) in investigating or prosecuting a violation of law; (D) would support the enforcement activities of a regulatory agency of the Federal Government in connection with a criminal or civil investigation of, or any regulatory, statutory, or other enforcement action relating to, an action described in subsection (c) that is necessary to fulfill a duty, responsibility, or function of the Agency; (E) is necessary to protect against dangerous or unauthorized activity by unmanned aircraft systems or unmanned aircraft; (F) is necessary to fulfill a duty, responsibility, or function of the Agency; or (G) is otherwise required by law. (g) Budget \n(1) In general \nThe Director shall submit to the congressional intelligence committees, as a part of the budget requests of the Agency for each fiscal year after fiscal year 2024, a consolidated funding display that identifies the funding source for the actions described in subsection (c)(1) within the Agency. (2) Form \nThe funding display shall be in unclassified form, but may contain a classified annex. (h) Semiannual briefings and notifications \n(1) Briefings \nNot later than 180 days after the date of the enactment of this section, and semiannually thereafter, the Director shall provide the congressional intelligence committees, the congressional judiciary committees, and the congressional transportation and infrastructure committees a briefing on the activities carried out pursuant to this section during the period covered by the briefing. (2) Requirement \nEach briefing under paragraph (1) shall be conducted jointly with the Secretary of Transportation. (3) Contents \nEach briefing under paragraph (1) shall include the following: (A) Policies, programs, and procedures to mitigate or eliminate effects of such activities on the national airspace system and other critical national transportation infrastructure. (B) A description of instances in which actions described in subsection (c)(1) have been taken, including all such instances that may have resulted in harm, damage, or loss to a person or to private property. (C) A description of the guidance, policies, or procedures established to address privacy, civil rights, and civil liberties issues implicated by the actions allowed under this section, as well as any changes or subsequent efforts that would significantly affect privacy, civil rights, or civil liberties. (D) A description of options considered and steps taken to mitigate any identified effects on the national airspace system relating to the use of any system or technology, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (c)(1). (E) A description of instances in which communications intercepted or acquired during the course of operations of an unmanned aircraft system or unmanned aircraft were maintained for more than 180 days or disclosed outside the Agency. (F) How the Director and the Secretary of Transportation have informed the public as to the possible use of authorities under this section. (G) How the Director and the Secretary of Transportation have engaged with Federal, State, local, territorial, or tribal law enforcement agencies to implement and use such authorities. (H) An assessment of whether any gaps or insufficiencies remain in laws, regulations, and policies that impede the ability of the Agency to counter the threat posed by the malicious use of unmanned aircraft systems or unmanned aircraft, and any recommendations to remedy such gaps or insufficiencies. (4) Form \nEach briefing under paragraph (1) shall be in unclassified form, but may be accompanied by an additional classified report. (5) Notifications \n(A) Covered facilities and assets \nNot later than 30 days before exercising any authority under this section at a covered facility or asset for the first time doing so at such covered facility or asset, the Director shall submit to the congressional intelligence committees— (i) notice that the Director intends to exercise authority under this section at such covered facility or asset; and (ii) a list of every covered facility and asset. (B) Deployment of new technologies \n(i) In general \nNot later than 30 days after deploying any new technology to carry out the actions described in subsection (c)(1), the Director shall submit to the congressional intelligence committees a notification of the use of such technology. (ii) Contents \nEach notice submitted pursuant to clause (i) shall include a description of options considered to mitigate any identified effects on the national airspace system relating to the use of any system or technology, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (c)(1). (i) Rule of construction \nNothing in this section may be construed— (1) to vest in the Director any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration; or (2) to vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Director. (j) Scope of authority \nNothing in this section shall be construed to provide the Director or the Secretary of Transportation with additional authorities beyond those described in subsections (b) and (d). (k) Termination \n(1) In general \nThe authority to carry out this section with respect to the actions specified in subparagraphs (B) through (F) of subsection (c)(1) shall terminate on the date that is 10 years after the date of enactment of the Intelligence Authorization Act for Fiscal Year 2024. (2) Extension \nThe President may extend by 1 year the termination date specified in paragraph (1) if, before termination, the President certifies to Congress that such extension is in the national security interests of the United States..", "id": "id8f037379c5d44bcbab7c76c5264eef95", "header": "Protection of Central Intelligence Agency facilities and assets from unmanned aircraft" }, { "text": "15A. Protection of certain facilities and assets from unmanned aircraft \n(a) Definitions \nIn this section: (1) Budget \nThe term budget , with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31, United States Code. (2) Congressional intelligence committees \nThe term congressional intelligence committees has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (3) Congressional judiciary committees \nThe term congressional judiciary committees means— (A) the Committee on the Judiciary of the Senate; and (B) the Committee on the Judiciary of the House of Representatives. (4) Congressional transportation and infrastructure committees \nThe term congressional transportation and infrastructure committees means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representatives. (5) Covered facility or asset \nThe term covered facility or asset means the headquarters compound of the Agency and the property controlled and occupied by the Federal Highway Administration located immediately adjacent to such compound (subject to a risk-based assessment as defined for purposes of this section), or any other installation and protected property of the Agency where the facility or asset— (A) is identified as high risk and a potential target for unlawful unmanned aircraft activity by the Director, in coordination with the Secretary of Transportation, with respect to potentially affected airspace, through a risk-based assessment for purposes of this section; (B) is located in the United States; and (C) directly relates to one or more functions authorized to be performed by the Agency, pursuant to the National Security Act of 1947 ( 50 U.S.C. 3001 et seq. ) or this Act. (6) Electronic communication \nThe term electronic communication has the meaning given such term in section 2510 of title 18, United States Code. (7) Intercept \nThe term intercept has the meaning given such term in section 2510 of title 18, United States Code. (8) Radio communication \nThe term radio communication has the meaning given that term in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ). (9) Risk-based assessment \nThe term risk-based assessment includes an evaluation of threat information specific to a covered facility or asset and, with respect to potential effects on the safety and efficiency of the national airspace system and the needs of national security at each covered facility or asset identified by the Director, an evaluation of each of the following factors: (A) Potential effects on safety, efficiency, and use of the national airspace system, including potential effects on manned aircraft and unmanned aircraft systems, aviation safety, airport operations, infrastructure, and air navigation services relating to the use of any system or technology for carrying out the actions described in subsection (c)(1). (B) Options for mitigating any identified effects on the national airspace system relating to the use of any system or technology, including minimizing when possible the use of any system or technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (c)(1). (C) Potential consequences of any actions taken under subsection (c)(1) to the national airspace system and infrastructure, if not mitigated. (D) The ability to provide reasonable advance notice to aircraft operators consistent with the safety of the national airspace system and the needs of national security. (E) The setting and character of any covered facility or asset, including whether it is located in a populated area or near other structures, and any potential for interference with wireless communications or for injury or damage to persons or property. (F) Potential consequences to national security if threats posed by unmanned aircraft systems or unmanned aircraft are not mitigated or defeated. (10) Oral communication \nThe term oral communication has the meaning given such term in section 2510 of title 18, United States Code. (11) United States \nThe term United States has the meaning given such term in section 5 of title 18, United States Code. (12) Unmanned aircraft and unmanned aircraft system \nThe terms unmanned aircraft and unmanned aircraft system have the meanings given such terms in section 44801 of title 49, United States Code. (13) Wire communication \nThe term wire communication has the meaning given such term in section 2510 of title 18, United States Code. (b) Authority \nNotwithstanding section 46502 of title 49, United States Code, section 32, 1030, or 1367 of title 18, United States Code, or chapter 119 or 206 of such title, the Director may take, and may authorize personnel of the Agency with assigned duties that include the security or protection of people, facilities, or assets within the United States, to take— (1) such actions described in subsection (c)(1) that are necessary to detect, identify, monitor, track, or mitigate a credible threat (as defined by the Director, in consultation with the Secretary of Transportation) that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset; and (2) such actions described in subsection (c)(2). (c) Actions \n(1) Actions described \nThe actions described in this paragraph are the following: (A) During the operation of the unmanned aircraft system, detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire communication, an oral communication, or an electronic communication used to control the unmanned aircraft system or unmanned aircraft. (B) Warn the operator of the unmanned aircraft system or unmanned aircraft, including by doing so passively or actively, and by direct or indirect physical, electronic, radio, and electromagnetic means. (C) Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, including by disabling the unmanned aircraft system or unmanned aircraft by intercepting, interfering with, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system or unmanned aircraft. (D) Seize or exercise control of the unmanned aircraft system or unmanned aircraft. (E) Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft. (F) Use reasonable force, if necessary, to seize or otherwise disable, damage, or destroy the unmanned aircraft system or unmanned aircraft. (2) Research, testing, training, and evaluation \nThe Director shall conduct research, testing, and training on, and evaluation of, any equipment, including any electronic equipment, to determine the capability and utility of the equipment prior to the use of the equipment for any action described in paragraph (1). Personnel and contractors who do not have duties that include the safety, security, or protection of people, facilities, or assets may engage in research, testing, training, and evaluation activities pursuant to this section. (3) Coordination \n(A) Secretary of Transportation \nThe Director shall develop the actions described in paragraph (1) in coordination with the Secretary of Transportation. (B) Administrator of Federal Aviation Administration \nThe Director shall coordinate with the Administrator of the Federal Aviation Administration on any action described in paragraphs (1) and (3) so the Administrator may ensure that unmanned aircraft system detection and mitigation systems do not adversely affect or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system. (d) Forfeiture \nAny unmanned aircraft system or unmanned aircraft described in subsection (b) that is seized by the Director is subject to forfeiture to the United States. (e) Regulations and guidance \n(1) Issuance \nThe Director and the Secretary of Transportation may each prescribe regulations, and shall each issue guidance, to carry out this section. (2) Coordination \n(A) Requirement \nThe Director shall coordinate the development of guidance under paragraph (1) with the Secretary of Transportation. (B) Aviation safety \nThe Director shall coordinate with the Secretary of Transportation and the Administrator of the Federal Aviation Administration before issuing any guidance, or otherwise implementing this section, so the Administrator may ensure that unmanned aircraft system detection and mitigation systems do not adversely affect or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system. (f) Privacy protection \nThe regulations prescribed or guidance issued under subsection (e) shall ensure that— (1) the interception or acquisition of, access to, or maintenance or use of, communications to or from an unmanned aircraft system or unmanned aircraft under this section is conducted in a manner consistent with the First and Fourth Amendments to the Constitution of the United States and applicable provisions of Federal law; (2) communications to or from an unmanned aircraft system or unmanned aircraft are intercepted or acquired only to the extent necessary to support an action described in subsection (c); (3) records of such communications are maintained only for as long as necessary, and in no event for more than 180 days, unless the Director determines that maintenance of such records for a longer period is required under Federal law or necessary for the investigation or prosecution of a violation of law, to fulfill a duty, responsibility, or function of the Agency, or for the purpose of any litigation; (4) such communications are not disclosed outside the Agency unless the disclosure— (A) is necessary to investigate or prosecute a violation of law; (B) would support the Agency, the Department of Defense, a Federal law enforcement, intelligence, or security agency, or a State, local, tribal, or territorial law enforcement agency, or other relevant person or entity if such entity or person is engaged in a security or protection operation; (C) is necessary to support a department or agency listed in subparagraph (B) in investigating or prosecuting a violation of law; (D) would support the enforcement activities of a regulatory agency of the Federal Government in connection with a criminal or civil investigation of, or any regulatory, statutory, or other enforcement action relating to, an action described in subsection (c) that is necessary to fulfill a duty, responsibility, or function of the Agency; (E) is necessary to protect against dangerous or unauthorized activity by unmanned aircraft systems or unmanned aircraft; (F) is necessary to fulfill a duty, responsibility, or function of the Agency; or (G) is otherwise required by law. (g) Budget \n(1) In general \nThe Director shall submit to the congressional intelligence committees, as a part of the budget requests of the Agency for each fiscal year after fiscal year 2024, a consolidated funding display that identifies the funding source for the actions described in subsection (c)(1) within the Agency. (2) Form \nThe funding display shall be in unclassified form, but may contain a classified annex. (h) Semiannual briefings and notifications \n(1) Briefings \nNot later than 180 days after the date of the enactment of this section, and semiannually thereafter, the Director shall provide the congressional intelligence committees, the congressional judiciary committees, and the congressional transportation and infrastructure committees a briefing on the activities carried out pursuant to this section during the period covered by the briefing. (2) Requirement \nEach briefing under paragraph (1) shall be conducted jointly with the Secretary of Transportation. (3) Contents \nEach briefing under paragraph (1) shall include the following: (A) Policies, programs, and procedures to mitigate or eliminate effects of such activities on the national airspace system and other critical national transportation infrastructure. (B) A description of instances in which actions described in subsection (c)(1) have been taken, including all such instances that may have resulted in harm, damage, or loss to a person or to private property. (C) A description of the guidance, policies, or procedures established to address privacy, civil rights, and civil liberties issues implicated by the actions allowed under this section, as well as any changes or subsequent efforts that would significantly affect privacy, civil rights, or civil liberties. (D) A description of options considered and steps taken to mitigate any identified effects on the national airspace system relating to the use of any system or technology, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (c)(1). (E) A description of instances in which communications intercepted or acquired during the course of operations of an unmanned aircraft system or unmanned aircraft were maintained for more than 180 days or disclosed outside the Agency. (F) How the Director and the Secretary of Transportation have informed the public as to the possible use of authorities under this section. (G) How the Director and the Secretary of Transportation have engaged with Federal, State, local, territorial, or tribal law enforcement agencies to implement and use such authorities. (H) An assessment of whether any gaps or insufficiencies remain in laws, regulations, and policies that impede the ability of the Agency to counter the threat posed by the malicious use of unmanned aircraft systems or unmanned aircraft, and any recommendations to remedy such gaps or insufficiencies. (4) Form \nEach briefing under paragraph (1) shall be in unclassified form, but may be accompanied by an additional classified report. (5) Notifications \n(A) Covered facilities and assets \nNot later than 30 days before exercising any authority under this section at a covered facility or asset for the first time doing so at such covered facility or asset, the Director shall submit to the congressional intelligence committees— (i) notice that the Director intends to exercise authority under this section at such covered facility or asset; and (ii) a list of every covered facility and asset. (B) Deployment of new technologies \n(i) In general \nNot later than 30 days after deploying any new technology to carry out the actions described in subsection (c)(1), the Director shall submit to the congressional intelligence committees a notification of the use of such technology. (ii) Contents \nEach notice submitted pursuant to clause (i) shall include a description of options considered to mitigate any identified effects on the national airspace system relating to the use of any system or technology, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (c)(1). (i) Rule of construction \nNothing in this section may be construed— (1) to vest in the Director any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration; or (2) to vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Director. (j) Scope of authority \nNothing in this section shall be construed to provide the Director or the Secretary of Transportation with additional authorities beyond those described in subsections (b) and (d). (k) Termination \n(1) In general \nThe authority to carry out this section with respect to the actions specified in subparagraphs (B) through (F) of subsection (c)(1) shall terminate on the date that is 10 years after the date of enactment of the Intelligence Authorization Act for Fiscal Year 2024. (2) Extension \nThe President may extend by 1 year the termination date specified in paragraph (1) if, before termination, the President certifies to Congress that such extension is in the national security interests of the United States.", "id": "idc9214c5ef0c74d0e8f15810ff10361cc", "header": "Protection of certain facilities and assets from unmanned aircraft" }, { "text": "322. Change to penalties and increased availability of mental health treatment for unlawful conduct on Central Intelligence Agency installations \nSection 15(b) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3515(b) ) is amended, in the second sentence, by striking those specified in section 1315(c)(2) of title 40, United States Code and inserting the maximum penalty authorized for a Class B misdemeanor under section 3559 of title 18, United States Code.", "id": "idad285e6a83f844999a7117f737c432f2", "header": "Change to penalties and increased availability of mental health treatment for unlawful conduct on Central Intelligence Agency installations" }, { "text": "323. Modifications to procurement authorities of the Central Intelligence Agency \nSection 3 of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3503 ) is amended— (1) in subsection (a), by striking sections and all that follows through session) and inserting sections 3201, 3203, 3204, 3206, 3207, 3302 through 3306, 3321 through 3323, 3801 through 3808, 3069, 3134, 3841, and 4752 of title 10, United States Code and (2) in subsection (d), by striking in paragraphs and all that follows through 1947 and inserting in sections 3201 through 3204 of title 10, United States Code, shall not be delegable. Each determination or decision required by sections 3201 through 3204, 3321 through 3323, and 3841 of title 10, United States Code.", "id": "id937E87F672914DAEA3970582B1EE95EC", "header": "Modifications to procurement authorities of the Central Intelligence Agency" }, { "text": "324. Establishment of Central Intelligence Agency standard workplace sexual misconduct complaint investigation procedure \n(a) Workplace sexual misconduct defined \nThe term workplace sexual misconduct — (1) means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when— (A) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (B) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (C) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment; and (2) includes sexual harassment and sexual assault. (b) Standard complaint investigation procedure \nNot later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall— (1) establish a standard workplace sexual misconduct complaint investigation procedure; (2) implement the standard workplace sexual misconduct complaint investigation procedure through clear workforce communication and education on the procedure; and (3) submit the standard workplace sexual misconduct complaint investigation procedure to the congressional intelligence committees. (c) Minimum requirements \nThe procedure established pursuant to subsection (b)(1) shall, at a minimum— (1) identify the individuals and offices of the Central Intelligence Agency to which an employee of the Agency may bring a complaint of workplace sexual misconduct; (2) detail the steps each individual or office identified pursuant to paragraph (1) shall take upon receipt of a complaint of workplace sexual misconduct and the timeframes within which those steps shall be taken, including— (A) documentation of the complaint; (B) referral or notification to another individual or office; (C) measures to document or preserve witness statements or other evidence; and (D) preliminary investigation of the complaint; (3) set forth standard criteria for determining whether a complaint of workplace sexual misconduct will be referred to law enforcement and the timeframe within which such a referral shall occur; and (4) for any complaint not referred to law enforcement, set forth standard criteria for determining— (A) whether a complaint has been substantiated; and (B) for any substantiated complaint, the appropriate disciplinary action. (d) Annual reports \nOn or before April 30 of each year, the Director shall submit to the congressional intelligence committees an annual report that includes, for the preceding calendar year, the following: (1) The number of workplace sexual misconduct complaints brought to each individual or office of the Central Intelligence Agency identified pursuant to subsection (c)(1), disaggregated by— (A) complaints referred to law enforcement; and (B) complaints substantiated. (2) For each complaint described in paragraph (1) that is substantiated, a description of the disciplinary action taken by the Director.", "id": "ida6fb2d5baddf482085a5d7a52745e206", "header": "Establishment of Central Intelligence Agency standard workplace sexual misconduct complaint investigation procedure" }, { "text": "325. Pay cap for diversity, equity, and inclusion staff and contract employees of the Central Intelligence Agency \n(a) In general \nNotwithstanding any other provision of law— (1) the annual rate of basic pay for a staff employee of the Central Intelligence Agency with the duties described in subsection (b) shall not exceed the annual rate of basic pay for an officer of the Directorate of Operations in the Clandestine Service Trainee program of the Agency; and (2) the Director of the Central Intelligence Agency shall ensure that no contract employee performing duties described in subsection (b) under an Agency contract receives an annual amount for performing such duties that exceeds the annual rate of basic pay described in paragraph (1). (b) Duties described \nThe duties described in this subsection are as follows: (1) Developing, refining, and implementing diversity, equity, and inclusion policy. (2) Leading working groups and councils to develop diversity, equity, and inclusion goals and objectives to measure performance and outcomes. (3) Creating and implementing diversity, equity, and inclusion education, training courses, and workshops for staff and contract employees. (c) Applicability to current employees \n(1) Staff employees \nAny staff employee of the Central Intelligence Agency in a position with duties described in subsection (b) receiving an annual rate of basic pay as of the date of the enactment of this Act that exceeds the rate allowed under subsection (a) shall be reassigned to another position not later than 180 days after such date. (2) Contract employees \nAny contract employee of the Central Intelligence Agency performing duties described in subsection (b) receiving an annual amount under an Agency contract for performing such duties as of the date of the enactment of this Act that exceeds the rate allowed under subsection (b) shall be reassigned to another position not later than 180 days after such date.", "id": "idD3B4DBDEE3684A81B5702792BB3BBE7C", "header": "Pay cap for diversity, equity, and inclusion staff and contract employees of the Central Intelligence Agency" }, { "text": "401. Intelligence community coordinator for accountability of atrocities of the People's Republic of China \n(a) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the congressional intelligence committees; (B) the Committee on Foreign Relations and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and (C) the Committee on Foreign Affairs and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (2) Atrocity \nThe term atrocity — (A) means a crime against humanity, genocide, or a war crime; and (B) when used with respect to the People's Republic of China, means an atrocity that is committed by an individual who is— (i) a member of People’s Liberation Army, or the security or other defense services, including the Ministry of State Security, the Ministry of Public Security, and the United Front Work Department, of the People's Republic of China; (ii) an employee of any other element of the Government of the People's Republic of China, including the regional governments of Xinjiang, Tibet, and Hong Kong; (iii) a member of the Chinese Communist Party; or (iv) an agent or contractor of an individual specified in subparagraph (A), (B), or (C). (3) Commit \nThe term commit , with respect to an atrocity, includes the planning, committing, aiding, and abetting of such atrocity. (4) Foreign person \nThe term foreign person means— (A) any person or entity that is not a United States person; or (B) any entity not organized under the laws of the United States or of any jurisdiction within the United States. (5) United states person \nThe term United States person has the meaning given that term in section 105A(c) of the National Security Act of 1947 ( 50 U.S.C. 3039 ). (b) Intelligence community coordinator for accountability of atrocities of the People's Republic of China \n(1) Designation \nNot later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall designate a senior official of the Office of the Director of National Intelligence to serve as the intelligence community coordinator for accountability of atrocities of the People's Republic of China (in this section referred to as the Coordinator ). (2) Duties \nThe Coordinator shall lead the efforts of and coordinate and collaborate with the intelligence community with respect to the following: (A) Identifying and addressing any gaps in intelligence collection relating to atrocities of the People's Republic of China, including by recommending the modification of the priorities of the intelligence community with respect to intelligence collection and by utilizing informal processes and collaborative mechanisms with key elements of the intelligence community to increase collection on atrocities of the People's Republic of China. (B) Prioritizing and expanding the intelligence analysis with respect to ongoing atrocities of the People's Republic of China and disseminating within the United States Government intelligence relating to the identification and activities of foreign persons suspected of being involved with or providing support to atrocities of the People's Republic of China, including genocide and forced labor practices in Xinjiang, in order to support the efforts of other Federal agencies, including the Department of State, the Department of the Treasury, the Office of Foreign Assets Control, the Department of Commerce, the Bureau of Industry and Security, U.S. Customs and Border Protection, and the National Security Council, to hold the People's Republic of China accountable for such atrocities. (C) Increasing efforts to declassify and share with the people of the United States and the international community information regarding atrocities of the People's Republic of China in order to expose such atrocities and counter the disinformation and misinformation campaign by the People's Republic of China to deny such atrocities. (D) Documenting and storing intelligence and other unclassified information that may be relevant to preserve as evidence of atrocities of the People's Republic of China for future accountability, and ensuring that other relevant Federal agencies, including the Atrocities Early Warning Task Force, receive appropriate support from the intelligence community with respect to the collection, analysis, preservation, and, as appropriate, dissemination, of intelligence related to atrocities of the People's Republic of China, which may include the information from the annual report required by section 6504 of the Intelligence Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ). (E) Sharing information with the Forced Labor Enforcement Task Force, established under section 741 of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4681 ), the Department of Commerce, and the Department of the Treasury for the purposes of entity listings and sanctions. (3) Plan required \nNot later than 120 days after the date of the enactment of this Act, the Director shall submit to the appropriate committees of Congress— (A) the name of the official designated as the Coordinator pursuant to paragraph (1); and (B) the strategy of the intelligence community for the collection and dissemination of intelligence relating to ongoing atrocities of the People's Republic of China, including a detailed description of how the Coordinator shall support, and assist in facilitating the implementation of, such strategy. (4) Annual report to Congress \n(A) Reports required \nNot later than May 1, 2024, and annually thereafter until May 1, 2034, the Director shall submit to the appropriate committees of Congress a report detailing, for the year covered by the report— (i) the analytical findings, changes in collection, and other activities of the intelligence community with respect to ongoing atrocities of the People's Republic of China; (ii) the recipients of information shared pursuant to this section for the purpose of— (I) providing support to Federal agencies to hold the People's Republic of China accountable for such atrocities; and (II) sharing information with the people of the United States to counter the disinformation and misinformation campaign by the People's Republic of China to deny such atrocities; and (iii) with respect to clause (ii), the date of any such sharing. (B) Form \nEach report submitted under subparagraph (A) may be submitted in classified form, consistent with the protection of intelligence sources and methods. (c) Sunset \nThis section shall cease to have effect on the date that is 10 years after the date of the enactment of this Act.", "id": "idbba37a53bfe04e37a0ba404de509e910", "header": "Intelligence community coordinator for accountability of atrocities of the People's Republic of China" }, { "text": "402. Interagency working group and report on the malign efforts of the People's Republic of China in Africa \n(a) Establishment \n(1) In general \nThe Director of National Intelligence, in consultation with such heads of elements of the intelligence community as the Director considers appropriate, shall establish an interagency working group within the intelligence community to analyze the tactics and capabilities of the People’s Republic of China in Africa. (2) Establishment flexibility \nThe working group established under paragraph (1) may be— (A) independently established; or (B) to avoid redundancy, incorporated into existing working groups or cross-intelligence efforts within the intelligence community. (b) Report \n(1) In general \nNot later than 120 days after the date of the enactment of this Act, and twice annually thereafter, the working group established under subsection (a) shall submit to the congressional intelligence committees a report on the specific tactics and capabilities of the People’s Republic of China in Africa. (2) Elements \nEach report required by paragraph (1) shall include the following elements: (A) An assessment of efforts by the Government of the People's Republic of China to exploit mining and reprocessing operations in Africa. (B) An assessment of efforts by the Government of the People's Republic of China to provide or fund technologies in Africa, including— (i) telecommunications and energy technologies, such as advanced reactors, transportation, and other commercial products; and (ii) by requiring that the People's Republic of China be the sole provider of such technologies. (C) An assessment of efforts by the Government of the People's Republic of China to expand intelligence capabilities in Africa. (D) A description of actions taken by the intelligence community to counter such efforts. (E) An assessment of additional resources needed by the intelligence community to better counter such efforts. (3) Form \nEach report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if necessary. (c) Sunset \nThe requirements of this section shall terminate on the date that is 5 years after the date of the enactment of this Act.", "id": "id3faef56949cb4322867abf341bdcf93f", "header": "Interagency working group and report on the malign efforts of the People's Republic of China in Africa" }, { "text": "403. Amendment to requirement for annual assessment by intelligence community working group for monitoring the economic and technological capabilities of the People's Republic of China \nSection 6503(c)(3)(D) of the Intelligence Authorization Act for Fiscal Year 2023 (division F of Public Law 117–263 ) is amended by striking the top 200 and inserting all the known.", "id": "id38fc2bb65377436693f0c3427f19a9d5", "header": "Amendment to requirement for annual assessment by intelligence community working group for monitoring the economic and technological capabilities of the People's Republic of China" }, { "text": "404. Assessments of reciprocity in the relationship between the United States and the People’s Republic of China \n(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Assistant Secretary of State for Intelligence and Research, in consultation with the Director of National Intelligence and such other heads of elements of the intelligence community as the Assistant Secretary considers relevant, shall submit to the congressional intelligence committees the following: (1) A comprehensive assessment that identifies critical areas in the security, diplomatic, economic, financial, technological, scientific, commercial, academic, and cultural spheres in which the United States does not enjoy a reciprocal relationship with the People's Republic of China. (2) A comprehensive assessment that describes how the lack of reciprocity between the People's Republic of China and the United States in the areas identified in the assessment required by paragraph (1) provides advantages to the People's Republic of China. (b) Form of assessments \n(1) Critical areas \nThe assessment required by subsection (a)(1) shall be submitted in unclassified form. (2) Advantages \nThe assessment required by subsection (a)(2) shall be submitted in classified form.", "id": "idD2787E4FA4704B6DA9D928CCE114123B", "header": "Assessments of reciprocity in the relationship between the United States and the People’s Republic of China" }, { "text": "405. Annual briefing on intelligence community efforts to identify and mitigate Chinese Communist Party political influence operations and information warfare against the United States \n(a) Definitions \nIn this section: (1) Chinese entities engaged in political influence operations and information warfare \nThe term Chinese entities engaged in political influence operations and information warfare means all of the elements of the Government of the People’s Republic of China and the Chinese Communist Party involved in information warfare operations, such as— (A) the Ministry of State Security; (B) the intelligence services of the People’s Republic of China; (C) the United Front Work Department and other united front organs; (D) state-controlled media systems, such as the China Global Television Network (CGTN); and (E) any entity involved in information warfare operations by demonstrably and intentionally disseminating false information and propaganda of the Government of the People’s Republic of China or the Chinese Communist Party. (2) Political influence operation \nThe term political influence operation means a coordinated and often concealed application of disinformation, press manipulation, economic coercion, targeted investments, corruption, or academic censorship, which are often intended— (A) to coerce and corrupt United States interests, values, institutions, or individuals; and (B) to foster attitudes, behavior, decisions, or outcomes in the United States that support the interests of the Government of the People’s Republic of China or the Chinese Communist Party. (b) Briefing required \nNot later than 120 days after the date of the enactment of this Act and annually thereafter until the date that is 5 years after the date of the enactment of this Act, the Director of the Foreign Malign Influence Center shall, in collaboration with the heads of the elements of the intelligence community, provide the congressional intelligence committees a classified briefing on the ways in which the relevant elements of the intelligence community are working internally and coordinating across the intelligence community to identify and mitigate the actions of Chinese entities engaged in political influence operations and information warfare against the United States, including against United States persons. (c) Elements \nThe classified briefing required by subsection (b) shall cover the following: (1) The Government of the People’s Republic of China and the Chinese Communist Party tactics, tools, and entities that spread disinformation, misinformation, and malign information and conduct influence operations, information campaigns, or other propaganda efforts. (2) The actions of the Foreign Malign Influence Center relating to early-warning, information sharing, and proactive risk mitigation systems, based on the list of entities identified in subsection (a)(1), to detect, expose, deter, and counter political influence operations of, and information warfare waged by, the Government of the People’s Republic of China or the Chinese Communist Party, against the United States. (3) The actions of the Foreign Malign Influence Center to conduct outreach to identify and counter tactics, tools, and entities described in paragraph (1) by sharing information with allies and partners of the United States, State and local governments, the business community, and civil society that exposes the political influence operations and information operations of the Government of the People’s Republic of China or the Chinese Communist Party carried out against individuals and entities in the United States.", "id": "id750fef85beea45d689cde88ec38114a2", "header": "Annual briefing on intelligence community efforts to identify and mitigate Chinese Communist Party political influence operations and information warfare against the United States" }, { "text": "406. Assessment of threat posed to United States ports by cranes manufactured by countries of concern \n(a) Definition of country of concern \nIn this section, the term country of concern has the meaning given that term in section 1(m)(1) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(m)(1) ). (b) Assessment \nThe Director of National Intelligence, in coordination with such other heads of the elements of the intelligence community as the Director considers appropriate and the Secretary of Defense, shall conduct an assessment of the threat posed to United States ports by cranes manufactured by countries of concern and commercial entities of those countries, including the Shanghai Zhenhua Heavy Industries Co. (ZPMC). (c) Report and briefing \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit a report and provide a briefing to Congress on the findings of the assessment required by subsection (b). (2) Elements \nThe report and briefing required by paragraph (1) shall outline the potential for the cranes described in subsection (b) to collect intelligence, disrupt operations at United States ports, and impact the national security of the United States. (3) Form of report \nThe report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.", "id": "idBF42997E957547C6974250175B4FFF64", "header": "Assessment of threat posed to United States ports by cranes manufactured by countries of concern" }, { "text": "411. Assessment of lessons learned by intelligence community with respect to conflict in Ukraine \n(a) In general \nNot later than 180 days after the date of the enactment of this Act and semiannually thereafter for 3 years, the Director of National Intelligence shall produce and submit to the congressional intelligence committees an assessment of the lessons learned by the intelligence community with respect to the ongoing war in Ukraine, particularly in regards to the quality and timeliness of the information and intelligence support provided by the United States to Ukraine. (b) Form \nThe assessment submitted pursuant to subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "id33d093cbfd724a7cb5f005f89ba16398", "header": "Assessment of lessons learned by intelligence community with respect to conflict in Ukraine" }, { "text": "412. National intelligence estimate on long-term confrontation with Russia \n(a) National intelligence estimate required \nNot later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall produce and submit to the congressional intelligence committees a national intelligence estimate on the implications of the ongoing war in Ukraine with respect to a long-term United States and North Atlantic Treaty Organization confrontation with Russia, including the continued threat to the United States, the North Atlantic Treaty Organization, and other allies of the United States from the conventional and strategic military forces, the intelligence activities, and the malign influence campaigns of Russia. (b) Elements \nThe national intelligence estimate produced pursuant to subsection (a) shall include the following: (1) An assessment of the efficacy of the sanctions regime in effect on the day before the date of the enactment of this Act that is imposed upon Russia as a result of its illegal and unjustified invasion of Ukraine, including— (A) the effect that such sanctions have had on the economy of Russia, the defense industrial base of Russia, and the ability of Russia to maintain its war on Ukraine; and (B) the expected effect such sanctions would have on a potential long-term confrontation between Russia and the members of the North Atlantic Treaty Organization and other allies of the United States. (2) An updated assessment of the convergence of interests between Russia and China, an assessment of the assistance that China is providing to Russia’s economy and war effort, and an assessment of other collaboration between the two countries. (3) An assessment of potential friction points between China and Russia. (4) An assessment of assistance and potential assistance from other countries to Russia, including assistance from Iran and North Korea. (5) An assessment of other significant countries that have not joined the sanctions regime against Russia, why they have not done so, and what might induce them to change this policy. (c) Form \nThe national intelligence estimate submitted pursuant to subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "idc0c39949e62d42abb7ef1f1836996be9", "header": "National intelligence estimate on long-term confrontation with Russia" }, { "text": "421. Report on efforts to capture and detain United States citizens as hostages \n(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on efforts by the Maduro regime in Venezuela to detain United States citizens and lawful permanent residents. (b) Elements \nThe report required by subsection (a) shall include, regarding the arrest, capture, detainment, or imprisonment of United States citizens and lawful permanent residents, the following: (1) The names, positions, and institutional affiliation of Venezuelan individuals, or those acting on their behalf, who have engaged in such activities. (2) A description of any role played by transnational criminal organizations, and an identification of such organizations. (3) Where relevant, an assessment of whether and how United States citizens and lawful permanent residents have been lured to Venezuela. (4) An analysis of the motive for the arrest, capture, detainment, or imprisonment of United States citizens and lawful permanent residents. (5) The total number of United States citizens and lawful permanent residents detained or imprisoned in Venezuela as of the date on which the report is submitted. (c) Form \nThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "id04a5612e232548acb5a23dd669fdd1aa", "header": "Report on efforts to capture and detain United States citizens as hostages" }, { "text": "422. Sense of Congress on priority of fentanyl in National Intelligence Priorities Framework \nIt is the sense of Congress that the trafficking of illicit fentanyl, including precursor chemicals and manufacturing equipment associated with illicit fentanyl production and organizations that traffic or finance the trafficking of illicit fentanyl, originating from the People's Republic of China and Mexico should be among the highest priorities in the National Intelligence Priorities Framework of the Office of the Director of National Intelligence.", "id": "id74707834683c440987357963f77fd327", "header": "Sense of Congress on priority of fentanyl in National Intelligence Priorities Framework" }, { "text": "501. Office of Global Competition Analysis \n(a) Definitions \nIn this section: (1) Executive agency \nThe term Executive agency has the meaning given such term in section 105 of title 5, United States Code. (2) Office \nThe term Office means the Office of Global Competition Analysis established under subsection (b). (b) Establishment \n(1) In general \nThe President shall establish an office for analysis of global competition. (2) Purposes \nThe purposes of the Office are as follows: (A) To carry out a program of analysis relevant to United States leadership in science, technology, and innovation sectors critical to national security and economic prosperity relative to other countries, particularly those countries that are strategic competitors of the United States. (B) To support policy development and decision making across the Federal Government to ensure United States leadership in science, technology, and innovation sectors critical to national security and economic prosperity relative to other countries, particularly those countries that are strategic competitors of the United States. (3) Designation \nThe office established under paragraph (1) shall be known as the Office of Global Competition Analysis. (c) Activities \nIn accordance with the priorities determined under subsection (d), the Office shall— (1) subject to subsection (f), acquire, access, use, and handle data or other information relating to the purposes of the Office under subsection (b); (2) conduct long- and short-term analyses regarding— (A) United States policies that enable technological competitiveness relative to those of other countries, particularly with respect to countries that are strategic competitors of the United States; (B) United States science and technology ecosystem elements, including regional and national research development and capacity, technology innovation, and science and engineering education and research workforce, relative to those of other countries, particularly with respect to countries that are strategic competitors of the United States; (C) United States technology development, commercialization, and advanced manufacturing ecosystem elements, including supply chain resiliency, scale-up manufacturing testbeds, access to venture capital and financing, technical and entrepreneurial workforce, and production, relative to those of other countries, particularly with respect to countries that are strategic competitors of the United States; (D) United States competitiveness in technology and innovation sectors critical to national security and economic prosperity relative to other countries, including the availability and scalability of United States technology in such sectors abroad, particularly with respect to countries that are strategic competitors of the United States; (E) trends and trajectories, including rate of change in technologies, related to technology and innovation sectors critical to national security and economic prosperity; (F) threats to United States national security interests as a result of any foreign country’s dependence on technologies of strategic competitors of the United States; and (G) threats to United States interests based on dependencies on foreign technologies critical to national security and economic prosperity; (3) solicit input on technology and economic trends, data, and metrics from relevant private sector stakeholders, including entities involved in financing technology development and commercialization, and engage with academia to inform the analyses under paragraph (2); and (4) to the greatest extent practicable and as may be appropriate, ensure that versions of the analyses under paragraph (2) are unclassified and available to relevant Federal agencies and offices. (d) Determination of priorities \nOn a periodic basis, the Director of the Office of Science and Technology Policy, the Assistant to the President for Economic Policy, and the Assistant to the President for National Security Affairs shall, in coordination with such heads of Executive agencies as the Director of the Office of Science and Technology Policy and such Assistants jointly consider appropriate, jointly determine the priorities of the Office with respect to subsection (b)(2)(A), considering, as may be appropriate, the strategies and reports under subtitle B of title VI of the Research and Development, Competition, and Innovation Act ( Public Law 117–167 ). (e) Administration \nSubject to the availability of appropriations, to carry out the purposes set forth under subsection (b)(2), the Office shall enter into an agreement with a federally funded research and development center, a university-affiliated research center, or a consortium of federally funded research and development centers and university-affiliated research centers. (f) Acquisition, access, use, and handling of data or information \nIn carrying out the activities under subsection (c), the Office— (1) shall acquire, access, use, and handle data or information in a manner consistent with applicable provisions of law and policy, including laws and policies providing for the protection of privacy and civil liberties, and subject to any restrictions required by the source of the information; (2) shall have access, upon written request, to all information, data, or reports of any Executive agency that the Office determines necessary to carry out the activities under subsection (c), provided that such access is— (A) conducted in a manner consistent with applicable provisions of law and policy of the originating agency, including laws and policies providing for the protection of privacy and civil liberties; and (B) consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters; and (3) may obtain commercially available information that may not be publicly available. (g) Detailee support \nConsistent with applicable law, including sections 1341, 1517, and 1535 of title 31, United States Code, and section 112 of title 3, United States Code, the head of a department or agency within the executive branch of the Federal Government may detail personnel to the Office in order to assist the Office in carrying out any activity under subsection (c), consistent with the priorities determined under subsection (d). (h) Annual report \nNot less frequently than once each year, the Office shall submit to Congress a report on the activities of the Office under this section, including a description of the priorities under subsection (d) and any support, disaggregated by Executive agency, provided to the Office consistent with subsection (g) in order to advance those priorities. (i) Plans \nBefore establishing the Office under subsection (b)(1), the President shall submit to the appropriate committees of Congress a report detailing plans for— (1) the administrative structure of the Office, including— (A) a detailed spending plan that includes administrative costs; and (B) a disaggregation of costs associated with carrying out subsection (e); (2) ensuring consistent and sufficient funding for the Office; and (3) coordination between the Office and relevant Executive agencies and offices. (j) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2024. (k) Funding \nThis section shall be carried out using amounts appropriated on or after the date of the enactment of this Act.", "id": "id96b9f908fe524922b5eddb9c969b878f", "header": "Office of Global Competition Analysis" }, { "text": "502. Assignment of detailees from intelligence community to Department of Commerce \n(a) Authority \nIn order to better facilitate the sharing of actionable intelligence on foreign adversary intent, capabilities, threats, and operations that pose a threat to the interests or security of the United States, particularly as they relate to the procurement, development, and use of dual-use and emerging technologies, the Director of National Intelligence may assign or facilitate the assignment of members from across the intelligence community to serve as detailees to the Bureau of Industry and Security of the Department of Commerce. (b) Assignment \nDetailees assigned pursuant to subsection (a) shall be drawn from such elements of the intelligence community as the Director considers appropriate, in consultation with the Secretary of Commerce. (c) Expertise \nThe Director shall ensure that detailees assigned pursuant to subsection (a) have subject matter expertise on countries of concern, including China, Iran, North Korea, and Russia, as well as functional areas such as illicit procurement, counterproliferation, emerging and foundational technology, economic and financial intelligence, information and communications technology systems, supply chain vulnerability, and counterintelligence. (d) Duty credit \nThe detail of an employee of the intelligence community to the Department of Commerce under subsection (a) shall be without interruption or loss of civil service status or privilege.", "id": "id884d6f8bccb64aad81e3eed1f7afd9b8", "header": "Assignment of detailees from intelligence community to Department of Commerce" }, { "text": "503. Threats posed by information and communications technology and services transactions and other activities \n(a) Definitions \nIn this section: (1) Covered transaction \nThe term covered transaction means a transaction reviewed under authority established under Executive Order 13873, Executive Order 13984, Executive Order 14034, or any successor order. (2) Emerging and foundational technologies \nThe term emerging and foundational technologies means emerging and foundational technologies described in section 1758(a)(1) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4817(a)(1) ). (3) Executive Order 13873 \nThe term Executive Order 13873 means Executive Order 13873 (84 Fed. Reg. 22689; relating to securing information and communications technology and services supply chain). (4) Executive Order 13984 \nThe term Executive Order 13984 means Executive Order 13984 (86 Fed. Reg. 6837; relating to taking additional steps to address the national emergency with respect to significant malicious cyber-enabled activities). (5) Executive Order 14034 \nThe term Executive Order 14034 means Executive Order 14034 (84 Fed. Reg. 31423; relating to protecting Americans' sensitive data from foreign adversaries). (6) Significant transaction \nThe term significant transaction means a covered transaction that— (A) involves emerging or foundational technologies; (B) poses an undue or unacceptable risk to national security; and (C) involves— (i) an individual who acts as an agent, representative, or employee, or any individual who acts in any other capacity at the order, request, or under the direction or control, of a foreign adversary or of an individual whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in majority part by a foreign adversary; (ii) any individual, wherever located, who is a citizen or resident of a nation-state controlled by a foreign adversary; (iii) any corporation, partnership, association, or other organization organized under the laws of a nation-state controlled by a foreign adversary; or (iv) any corporation, partnership, association, or other organization, wherever organized or doing business, that is owned or controlled by a foreign adversary. (b) Threat assessment by Director of National Intelligence \n(1) In general \nThe Director of National Intelligence shall expeditiously carry out a threat assessment of each significant transaction. (2) Identification of gaps \nEach assessment required by paragraph (1) shall include the identification of any recognized gaps in the collection of intelligence relevant to the assessment. (3) Views of intelligence community \nThe Director of National Intelligence shall seek and incorporate into each assessment required by paragraph (1) the views of all affected or appropriate elements of the intelligence community with respect to the significant transaction or class of significant transactions. (4) Provision of assessment \nThe Director of National Intelligence shall provide an assessment required by paragraph (1) to such agency heads and committees of Congress as the Director considers appropriate, as necessary, to implement Executive Order 13873, Executive Order 13984, Executive Order 14034, or any successor order. (c) Interaction with intelligence community \n(1) In general \nThe Director of National Intelligence shall ensure that the intelligence community remains engaged in the collection, analysis, and dissemination to such agency heads as the Director considers appropriate of any additional relevant information that may become available during the course of any investigation or review process conducted under authority established under Executive Order 13873, Executive Order 13984, Executive Order 14034, or any successor order. (2) Elements \nThe collection, analysis, and dissemination of information described in paragraph (1) shall include routine assessments of the following: (A) The intent, capability, and operations of foreign adversaries as related to a significant transaction or class of significant transactions. (B) Supply chains and procurement networks associated with the procurement of emerging and foundational technologies by foreign adversaries. (C) Emerging and foundational technologies pursued by foreign adversaries, including information on prioritization, spending, and technology transfer measures. (D) The intent, capability, and operations of the use by malicious cyber actors of infrastructure as a service (IaaS) against the United States. (E) The impact on the intelligence community of a significant transaction or class of significant transactions. (d) Information in civil actions \n(1) Protected information in civil actions \nIf a civil action challenging an action or finding under Executive Order 13873, Executive Order 13984, Executive Order 14034, or any successor order is brought, and the court determines that protected information in the administrative record relating to the action or finding, including classified or other information subject to privilege or protections under any provision of law, is necessary to resolve the action, that information shall be submitted ex parte and in camera to the court and the court shall maintain that information under seal. This paragraph does not confer or imply any right to judicial review. (2) Nonapplicability of use of information provisions \nThe use of information provisions of sections 106, 305, 405, and 706 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1806 , 1825, 1845, and 1881e) shall not apply in a civil action described in paragraph (1). (e) Rule of construction concerning right to access \nNo provision of this section may be construed to create a right to obtain access to information in the possession of the Federal Government that was considered by the Secretary of Commerce under authority established under Executive Order 13873, Executive Order 13984, Executive Order 14034, or any successor order, including any classified information or sensitive but unclassified information. (f) Administrative record \nThe following information may be included in the administrative record relating to an action or finding described in subsection (d)(1) and shall be submitted only to the court ex parte and in camera: (1) Sensitive security information, as defined in section 1520.5 of title 49, Code of Federal Regulations. (2) Privileged law enforcement information. (3) Information obtained or derived from any activity authorized under the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ), except that, with respect to such information, subsections (c), (e), (f), (g), and (h) of section 106 ( 50 U.S.C. 1806 ), subsections (d), (f), (g), (h), and (i) of section 305 ( 50 U.S.C. 1825 ), subsections (c), (e), (f), (g), and (h) of section 405 ( 50 U.S.C. 1845 ), and section 706 ( 50 U.S.C. 1881e ) of that Act shall not apply. (4) Information subject to privilege or protection under any other provision of law, including the Currency and Foreign Transactions Reporting Act of 1970 ( 31 U.S.C. 5311 et seq. ). (g) Treatment consistent with section \nAny information that is part of the administrative record filed ex parte and in camera under subsection (d)(1), or cited by the court in any decision in a civil action described in such subsection, shall be treated by the court consistent with the provisions of this section. In no event shall such information be released to the petitioner or as part of the public record. (h) Inapplicability of Freedom of Information Act \nAny information submitted to the Federal Government by a party to a covered transaction in accordance with this section, as well as any information the Federal Government may create relating to review of the covered transaction, is exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ).", "id": "id9E8AFB4BB2A842DC8336C09BAC2576A0", "header": "Threats posed by information and communications technology and services transactions and other activities" }, { "text": "504. Revision of regulations defining sensitive national security property for Committee on Foreign Investment in the United States reviews \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall revise section 802.211 of title 31, Code of Federal Regulations, to expand the definition of covered real estate , such as by treating facilities and property of elements of the intelligence community and National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )) comparably to military installations.", "id": "id8433B7F7183644BBBA30BE65A357B067", "header": "Revision of regulations defining sensitive national security property for Committee on Foreign Investment in the United States reviews" }, { "text": "505. Support of intelligence community for export controls and other missions of the Department of Commerce \n(a) Definitions \nIn this section: (1) Emerging and foundational technologies \nThe term emerging and foundational technologies includes technologies identified under section 1758(a)(1) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4817(a)(1) ). (2) Foreign adversary \nThe term foreign adversary means any foreign government, foreign regime, or foreign nongovernment person determined by the Director of National Intelligence to have engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or the security and safety of United States persons. (b) Collection, analysis, and dissemination required \n(1) In general \nThe Director of National Intelligence— (A) is authorized to collect, retain, analyze, and disseminate information or intelligence necessary to support the missions of the Department of Commerce, including with respect to the administration of export controls pursuant to the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. ); and (B) shall, through regular consultation with the Secretary of Commerce, ensure that the intelligence community is engaged in such collection, retention, analysis, and dissemination. (2) Information to be collected, analyzed, and disseminated \nThe information to be collected, analyzed, and disseminated under subsection (a) shall include information relating to the following: (A) The intent, capability, and operations of foreign adversaries with respect to items under consideration to be controlled pursuant to the authority provided by part I of the Export Control Reform Act of 2018 ( 50 U.S.C. 4811 et seq. ). (B) Attempts by foreign adversaries to circumvent controls on items imposed pursuant to that part. (C) Supply chains and procurement networks associated with procurement and development of emerging and foundational technologies by foreign adversaries. (D) Emerging and foundational technologies pursued by foreign adversaries, including relevant information on prioritization, spending, and technology transfer measures with respect to such technologies. (E) The scope and application of the export control systems of foreign countries, including decisions with respect to individual export transactions. (F) Corporate and contractual relationships, ownership, and other equity interests, including monetary capital contributions, corporate investments, and joint ventures, resulting in end uses of items that threaten the national security and foreign policy interests of the United States, as described in the policy set forth in section 1752 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4811 ). (G) The effect of export controls imposed pursuant to part I of that Act ( 50 U.S.C. 4811 et seq. ), including— (i) the effect of actions taken and planned to be taken by the Secretary of Commerce under the authority provided by that part; and (ii) the effectiveness of such actions in achieving the national security and foreign policy objectives of such actions. (c) Provision of analysis to Department of Commerce \nUpon the request of the Secretary of Commerce, the Director of National Intelligence shall expeditiously— (1) carry out analysis of any matter relating to the national security of the United States that is relevant to a mission of the Department of Commerce; and (2) consistent with the protection of sources and methods, make such analysis available to the Secretary and such individuals as the Secretary may designate to receive such analysis. (d) Identification of single office to support missions of Department of Commerce \nThe Director of National Intelligence shall identify a single office within the intelligence community to be responsible for supporting the missions of the Department of Commerce. (e) Treatment of classified and sensitive information \n(1) In general \nA civil action challenging an action or finding of the Secretary of Commerce made on the basis of any classified or sensitive information made available to officials of the Department of Commerce pursuant to this section may be brought only in the United States Court of Appeals for the District of Columbia Circuit. (2) Consideration and treatment in civil actions \nIf a civil action described in paragraph (1) is brought, and the court determines that protected information in the administrative record, including classified or other information subject to privilege or protections under any provision of law, is necessary to resolve the civil action, that information shall be submitted ex parte and in camera to the court and the court shall maintain that information under seal. This paragraph does not confer or imply any right to judicial review. (3) Administrative record \n(A) In general \nThe following information may be included in the administrative record relating to an action or finding described in paragraph (1) and shall be submitted only to the court ex parte and in camera: (i) Sensitive security information, as defined by section 1520.5 of title 49, Code of Federal Regulations. (ii) Privileged law enforcement information. (iii) Information obtained or derived from any activity authorized under the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ). (iv) Information subject to privilege or protection under any other provision of law. (B) Treatment consistent with section \nAny information that is part of the administrative record filed ex parte and in camera under subparagraph (A), or cited by the court in any decision in a civil action described in paragraph (1), shall be treated by the court consistent with the provisions of this subsection. In no event shall such information be released to the petitioner or as part of the public record. (4) Nonapplicability of use of information provisions \nThe use of information provisions of sections 106, 305, 405, and 706 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1806 , 1825, 1845, and 1881e) shall not apply in a civil action challenging an action or finding of the Secretary of Commerce made on the basis of information made available to officials of the Department of Commerce pursuant to this section. (5) Rule of construction concerning right to access \nNo provision of this section shall be construed to create a right to obtain access to information in the possession of the Federal Government that was considered in an action or finding of the Secretary of Commerce, including any classified information or sensitive but unclassified information. (6) Exemption from Freedom of Information Act \nAny information made available to officials of the Department of Commerce pursuant to this section is exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ).", "id": "id01620e1f5f75430d98873d6f3f2f30e8", "header": "Support of intelligence community for export controls and other missions of the Department of Commerce" }, { "text": "506. Review regarding information collection and analysis with respect to economic competition \n(a) Review \n(1) In general \nNot later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall complete a review of the requirements and access to commercial information used by elements of the intelligence community for analysis of capital flows, investment security, beneficial ownership of entities, and other transactions and functions related to identifying threats, gaps, and opportunities with respect to economic competition with foreign countries, including the People’s Republic of China. (2) Elements \nThe review required by paragraph (1) shall include the following: (A) The length and expiration of licenses for access to commercial information. (B) The number of such licenses permitted for each element of the intelligence community. (C) The number of such licenses permitted for Federal departments and agencies that are not elements of the intelligence community, including the Department of Commerce. (b) Report; briefing \n(1) In general \nNot later than 60 days after the date on which the review required by subsection (a)(1) is completed, the Director of National Intelligence shall submit a report and provide a briefing to Congress on the findings of the review. (2) Elements \nThe report and briefing required by paragraph (1) shall include the following: (A) The findings of the review required by subsection (a)(1). (B) Recommendations of the Director on whether and how the standardization of access to commercial information, the expansion of licenses for such access, the lengthening of license terms beyond 1 year, and the issuance of Government-wide (as opposed to agency-by-agency) licenses would advance the open-source collection and analytical requirements of the intelligence community with respect to economic competition with foreign countries, including the People's Republic of China. (C) An assessment of cost savings or increases that may result from the standardization described in subparagraph (B). (3) Form \nThe report and briefing required by paragraph (1) may be classified.", "id": "id59A1E24B89D34208AB23271EDECC77F0", "header": "Review regarding information collection and analysis with respect to economic competition" }, { "text": "511. Expanded annual assessment of economic and technological capabilities of the People's Republic of China \nSection 6503(c)(3) of the Intelligence Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) is amended by adding at the end the following: (I) A detailed assessment, prepared in consultation with all elements of the working group— (i) of the investments made by the People’s Republic of China in— (I) artificial intelligence; (II) next-generation energy technologies, especially small modular reactors and advanced batteries; and (III) biotechnology; and (ii) that identifies— (I) competitive practices of the People’s Republic of China relating to the technologies described in clause (i); (II) opportunities to counter the practices described in subclause (I); (III) countries the People’s Republic of China is targeting for exports of civil nuclear technology; (IV) countries best positioned to utilize civil nuclear technologies from the United States in order to facilitate the commercial export of those technologies; (V) United States vulnerabilities in the supply chain of these technologies; and (VI) opportunities to counter the export by the People’s Republic of China of civil nuclear technologies globally. (J) An identification and assessment of any unmet resource or authority needs of the working group that affect the ability of the working group to carry out this section..", "id": "idada8a56ec9af4045bb4c108f7aefe64b", "header": "Expanded annual assessment of economic and technological capabilities of the People's Republic of China" }, { "text": "512. Procurement of public utility contracts \nSubparagraph (B) of section 501(b)(1) of title 40, United States Code, is amended to read as follows: (B) Public utility contracts \n(i) In general \nA contract for public utility services may be made— (I) except as provided in subclause (II), for a period of not more than 10 years; or (II) for an executive agency that is, or has a component that is, an element of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), for a period of not more than 30 years, if the executive agency determines the extended period is in the best interests of national security. (ii) Payment \nThe cost of a public utility services contract for any year may be paid from annual appropriations for that year..", "id": "id9303a22c10674a0cb81a3091833edca3", "header": "Procurement of public utility contracts" }, { "text": "513. Assessment of using civil nuclear energy for intelligence community capabilities \n(a) Assessment required \nThe Director of National Intelligence shall, in consultation with the heads of such other elements of the intelligence community as the Director considers appropriate, conduct an assessment of capabilities identified by the Intelligence Community Continuity Program established pursuant to section E(3) of Intelligence Community Directive 118, or any successor directive, or such other facilities or capabilities as may be determined by the Director to be critical to United States national security, that have unique energy needs— (1) to ascertain the feasibility and advisability of using civil nuclear reactors to meet such needs; and (2) to identify such additional resources, technologies, infrastructure, or authorities needed, or other potential obstacles, to commence use of a nuclear reactor to meet such needs. (b) Report \nNot later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees a report, which may be in classified form, on the findings of the Director with respect to the assessment conducted pursuant to subsection (a).", "id": "idead4ca7ccd8240c69f7734217017a8f1", "header": "Assessment of using civil nuclear energy for intelligence community capabilities" }, { "text": "514. Policies established by Director of National Intelligence for artificial intelligence capabilities \n(a) In general \nSection 6702 of the Intelligence Authorization Act for Fiscal Year 2023 ( 50 U.S.C. 3334m ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking subsection (b) and inserting subsection (c) ; (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following: (b) Policies \n(1) In general \nIn carrying out subsection (a)(1), not later than 1 year after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2024 , the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community, shall establish the policies described in paragraph (2). (2) Policies described \nThe policies described in this paragraph are policies for the acquisition, adoption, development, use, coordination, and maintenance of artificial intelligence capabilities that— (A) establish a lexicon relating to the use of machine learning and artificial intelligence developed or acquired by elements of the intelligence community; (B) establish guidelines for evaluating the performance of models developed or acquired by elements of the intelligence community, such as by— (i) specifying conditions for the continuous monitoring of artificial intelligence capabilities for performance, including the conditions for retraining or retiring models based on performance; (ii) documenting performance objectives, including specifying how performance objectives shall be developed and contractually enforced for capabilities procured from third parties; (iii) specifying the manner in which models should be audited, as necessary, including the types of documentation that should be provided to any auditor; and (iv) specifying conditions under which models used by elements of the intelligence community should be subject to testing and evaluation for vulnerabilities to techniques meant to undermine the availability, integrity, or privacy of an artificial intelligence capability; (C) establish guidelines for tracking dependencies in adjacent systems, capabilities, or processes impacted by the retraining or sunsetting of any model described in subparagraph (B); (D) establish documentation requirements for capabilities procured from third parties, aligning such requirements, as necessary, with existing documentation requirements applicable to capabilities developed by elements of the intelligence community and, to the greatest extent possible, with industry standards; (E) establish standards for the documentation of imputed, augmented, or synthetic data used to train any model developed, procured, or used by an element of the intelligence community; and (F) provide guidance on the acquisition and usage of models that have previously been trained by a third party for subsequent modification and usage by such an element. (3) Policy review and revision \nThe Director of National Intelligence shall periodically review and revise each policy established under paragraph (1).. (b) Conforming amendment \nSection 6712(b)(1) of such Act ( 50 U.S.C. 3024 note) is amended by striking section 6702(b) and inserting section 6702(c).", "id": "id59D3F54E8766459AB5FB3791D0ED605E", "header": "Policies established by Director of National Intelligence for artificial intelligence capabilities" }, { "text": "515. Strategy for submittal of notice by private persons to Federal agencies regarding certain risks and threats relating to artificial intelligence \n(a) Findings \nCongress finds the following: (1) Artificial intelligence systems demonstrate increased capabilities in the generation of synthetic media and computer programming code, and in areas such as object recognition, natural language processing, biological design, and workflow orchestration. (2) The growing capabilities of artificial intelligence systems in the areas described in paragraph (1), as well as the greater accessibility of large-scale artificial intelligence models to individuals, businesses, and governments, have dramatically increased the adoption of artificial intelligence products in the United States and globally. (3) The advanced capabilities of the systems described in paragraph (1), and their accessibility to a wide range of users, have increased the likelihood and effect of misuse or malfunction of these systems, such as to generate synthetic media for disinformation campaigns, develop or refine malware for computer network exploitation activity, design or develop dual-use biological entities such as toxic small molecules, proteins, or pathogenic organisms, enhance surveillance capabilities in ways that undermine the privacy of citizens of the United States, and increase the risk of exploitation or malfunction of information technology systems incorporating artificial intelligence systems in mission-critical fields such as health care, critical infrastructure, and transportation. (b) Strategy required \nNot later than 180 days after the date of the enactment of this Act, the President shall establish a strategy by which vendors and commercial users of artificial intelligence systems, as well as independent researchers and other third parties, may effectively notify appropriate elements of the United States Government of— (1) information security risks emanating from artificial intelligence systems, such as the use of an artificial intelligence system to develop or refine malicious software; (2) information security risks such as indications of compromise or other threat information indicating a compromise to the confidentiality, integrity, or availability of an artificial intelligence system, or to the supply chain of an artificial intelligence system, including training or test data, frameworks, computing environments, or other components necessary for the training, management, or maintenance of an artificial intelligence system; (3) biosecurity risks emanating from artificial intelligence systems, such as the use of an artificial intelligence system to design, develop, or acquire dual-use biological entities such as putatively toxic small molecules, proteins, or pathogenic organisms; (4) suspected foreign malign influence (as defined by section 119C of the National Security Act of 1947 ( 50 U.S.C. 3059(f) )) activity that appears to be facilitated by an artificial intelligence system; and (5) any other unlawful activity facilitated by, or directed at, an artificial intelligence system. (c) Elements \nThe strategy established pursuant to subsection (b) shall include the following: (1) An outline of a plan for Federal agencies to engage in industry outreach and public education on the risks posed by, and directed at, artificial intelligence systems. (2) Use of research and development, stakeholder outreach, and risk management frameworks established pursuant to provisions of law in effect on the day before the date of the enactment of this Act or Federal agency guidelines.", "id": "idE37AD75487D14903896E1EE554D2B688", "header": "Strategy for submittal of notice by private persons to Federal agencies regarding certain risks and threats relating to artificial intelligence" }, { "text": "601. Submittal to Congress of complaints and information by whistleblowers in the intelligence community \n(a) Amendments to chapter 4 of title 5 \n(1) Appointment of security officers \nSection 416 of title 5, United States Code, is amended by adding at the end the following: (i) Appointment of security officers \nEach Inspector General under this section, including the designees of the Inspector General of the Department of Defense pursuant to subsection (b)(3), shall appoint within their offices security officers to provide, on a permanent basis, confidential, security-related guidance and direction to an employee of their respective establishment, an employee assigned or detailed to such establishment, or an employee of a contractor of such establishment who intends to report to Congress a complaint or information, so that such employee can obtain direction on how to report to Congress in accordance with appropriate security practices.. (2) Procedures \nSubsection (e) of such section is amended— (A) in paragraph (1), by inserting or any other committee of jurisdiction of the Senate or the House of Representatives after either or both of the intelligence committees ; (B) by amending paragraph (2) to read as follows: (2) Limitation \n(A) In general \nExcept as provided in subparagraph (B), the employee may contact an intelligence committee or another committee of jurisdiction directly as described in paragraph (1) of this subsection or in subsection (b)(4) only if the employee— (i) before making such a contact, furnishes to the head of the establishment, through the Inspector General (or designee), a statement of the employee’s complaint or information and notice of the employee’s intent to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly; and (ii) (I) obtains and follows, from the head of the establishment, through the Inspector General (or designee), procedural direction on how to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives in accordance with appropriate security practices; or (II) obtains and follows such procedural direction from the applicable security officer appointed under subsection (i). (B) Lack of procedural direction \nIf an employee seeks procedural direction under subparagraph (A)(ii) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact an intelligence committee or any other committee of jurisdiction of the Senate or the House of Representatives directly without obtaining or following the procedural direction otherwise required under such subparagraph. ; and (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following: (3) Committee members and staff \nAn employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information to the Chairman and Vice Chairman or Ranking Member, as the case may be, of an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee.. (3) Clarification of right to report directly to Congress \nSubsection (b) of such section is amended by adding at the end the following: (4) Clarification of right to report directly to Congress \nSubject to paragraphs (2) and (3) of subsection (e), an employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information directly to Congress, regardless of whether the complaint or information is with respect to an urgent concern— (A) in lieu of reporting such complaint or information under paragraph (1); or (B) in addition to reporting such complaint or information under paragraph (1).. (b) Amendments to National Security Act of 1947 \n(1) Appointment of security officers \nSection 103H(j) of the National Security Act of 1947 ( 50 U.S.C. 3033(j) ) is amended by adding at the end the following: (5) The Inspector General shall appoint within the Office of the Inspector General security officers as required by section 416(i) of title 5, United States Code.. (2) Procedures \nSubparagraph (D) of section 103H(k)(5) of such Act ( 50 U.S.C. 3033(k)(5) ) is amended— (A) in clause (i), by inserting or any other committee of jurisdiction of the Senate or the House of Representatives after either or both of the congressional intelligence committees ; (B) by amending clause (ii) to read as follows: (ii) (I) Except as provided in subclause (II), an employee may contact a congressional intelligence committee or another committee of jurisdiction directly as described in clause (i) only if the employee— (aa) before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee’s complaint or information and notice of the employee’s intent to contact a congressional intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly; and (bb) (AA) obtains and follows, from the Director, through the Inspector General, procedural direction on how to contact a congressional intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives in accordance with appropriate security practices; or (BB) obtains and follows such procedural direction from the applicable security officer appointed under section 416(i) of title 5, United States Code. (II) If an employee seeks procedural direction under subclause (I)(bb) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact a congressional intelligence committee or any other committee of jurisdiction of the Senate or the House of Representatives directly without obtaining or following the procedural direction otherwise required under such subclause. ; (C) by redesignating clause (iii) as clause (iv); and (D) by inserting after clause (ii) the following: (iii) An employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information to the Chairman and Vice Chairman or Ranking Member, as the case may be, of a congressional intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee.. (3) Clarification of right to report directly to Congress \nSubparagraph (A) of such section is amended— (A) by inserting (i) before An employee of ; and (B) by adding at the end the following: (ii) Subject to clauses (ii) and (iii) of subparagraph (D), an employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information directly to Congress, regardless of whether the complaint or information is with respect to an urgent concern— (I) in lieu of reporting such complaint or information under clause (i); or (II) in addition to reporting such complaint or information under clause (i).. (c) Amendments to the Central Intelligence Agency Act of 1949 \n(1) Appointment of security officers \nSection 17(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5) ) is amended by adding at the end the following: (I) The Inspector General shall appoint within the Office of the Inspector General security officers as required by section 416(i) of title 5, United States Code.. (2) Procedures \nSubparagraph (D) of such section is amended— (A) in clause (i), by inserting or any other committee of jurisdiction of the Senate or the House of Representatives after either or both of the intelligence committees ; (B) by amending clause (ii) to read as follows: (ii) (I) Except as provided in subclause (II), an employee may contact an intelligence committee or another committee of jurisdiction directly as described in clause (i) only if the employee— (aa) before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee’s complaint or information and notice of the employee’s intent to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly; and (bb) (AA) obtains and follows, from the Director, through the Inspector General, procedural direction on how to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives in accordance with appropriate security practices; or (BB) obtains and follows such procedural direction from the applicable security officer appointed under section 416(i) of title 5, United States Code. (II) If an employee seeks procedural direction under subclause (I)(bb) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly without obtaining or following the procedural direction otherwise required under such subclause. ; (C) by redesignating clause (iii) as clause (iv); and (D) by inserting after clause (ii) the following: (iii) An employee of the Agency who intends to report to Congress a complaint or information may report such complaint or information to the Chairman and Vice Chairman or Ranking Member, as the case may be, of an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee.. (3) Clarification of right to report directly to congress \nSubparagraph (A) of such section is amended— (A) by inserting (i) before An employee of ; and (B) by adding at the end the following: (ii) Subject to clauses (ii) and (iii) of subparagraph (D), an employee of the Agency who intends to report to Congress a complaint or information may report such complaint or information directly to Congress, regardless of whether the complaint or information is with respect to an urgent concern— (I) in lieu of reporting such complaint or information under clause (i); or (II) in addition to reporting such complaint or information under clause (i).. (d) Rule of construction \nNothing in this section or an amendment made by this section shall be construed to revoke or diminish any right of an individual provided by section 2303 of title 5, United States Code.", "id": "id65FE015067F445F98344352FD13276C3", "header": "Submittal to Congress of complaints and information by whistleblowers in the intelligence community" }, { "text": "602. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community \n(a) In general \nSection 1104 of the National Security Act of 1947 ( 50 U.S.C. 3234 ) is amended— (1) in subsection (a)(3) of such section— (A) in subparagraph (I), by striking ; or and inserting a semicolon; (B) by redesignating subparagraph (J) as subparagraph (K); and (C) by inserting after subparagraph (I) the following: (J) a knowing and willful disclosure revealing the identity or other personally identifiable information of an employee or contractor employee so as to identify the employee or contractor employee as an employee or contractor employee who has made a lawful disclosure described in subsection (b) or (c); or ; (2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (3) by inserting after subsection (e) the following: (f) Personnel actions involving disclosure of whistleblower identity \nA personnel action described in subsection (a)(3)(J) shall not be considered to be in violation of subsection (b) or (c) under the following circumstances: (1) The personnel action was taken with the express consent of the employee or contractor employee. (2) An Inspector General with oversight responsibility for a covered intelligence community element determines that— (A) the personnel action was unavoidable under section 103H(g)(3)(A) of this Act ( 50 U.S.C. 3033(g)(3)(A) ), section 17(e)(3)(A) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(e)(3)(A) ), section 407(b) of title 5, United States Code, or section 420(b)(2)(B) of such title; (B) the personnel action was made to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken; or (C) the personnel action was required by statute or an order from a court of competent jurisdiction.. (b) Applicability to detailees \nSubsection (a) of section 1104 of such Act ( 50 U.S.C. 3234 ) is amended by adding at the end the following: (5) Employee \nThe term employee , with respect to an agency or a covered intelligence community element, includes an individual who has been detailed to such agency or covered intelligence community element.. (c) Private right of action for unlawful disclosure of whistleblower identity \nSubsection (g) of such section, as redesignated by subsection (a)(2) of this section, is amended to read as follows: (g) Enforcement \n(1) In general \nExcept as otherwise provided in this subsection, the President shall provide for the enforcement of this section. (2) Harmonization with other enforcement \nTo the fullest extent possible, the President shall provide for enforcement of this section in a manner that is consistent with the enforcement of section 2302(b)(8) of title 5, United States Code, especially with respect to policies and procedures used to adjudicate alleged violations of such section. (3) Private right of action for disclosures of whistleblower identity in violation of prohibition against reprisals \nSubject to paragraph (4), in a case in which an employee of an agency takes a personnel action described in subsection (a)(3)(J) against an employee of a covered intelligence community element as a reprisal in violation of subsection (b) or in a case in which an employee or contractor employee takes a personnel action described in subsection (a)(3)(J) against another contractor employee as a reprisal in violation of subsection (c), the employee or contractor employee against whom the personnel action was taken may, consistent with section 1221 of title 5, United States Code, bring a private action for all appropriate remedies, including injunctive relief and compensatory and punitive damages, in an amount not to exceed $250,000, against the agency of the employee or contracting agency of the contractor employee who took the personnel action, in a Federal district court of competent jurisdiction. (4) Requirements \n(A) Review by inspector general and by external review panel \nBefore the employee or contractor employee may bring a private action under paragraph (3), the employee or contractor employee shall exhaust administrative remedies by— (i) first, obtaining a disposition of their claim by requesting review by the appropriate inspector general; and (ii) second, if the review under clause (i) does not substantiate reprisal, by submitting to the Inspector General of the Intelligence Community a request for a review of the claim by an external review panel under section 1106. (B) Period to bring action \nThe employee or contractor employee may bring a private right of action under paragraph (3) during the 180-day period beginning on the date on which the employee or contractor employee is notified of the final disposition of their claim under section 1106..", "id": "id4B68F0C454C8434EA6C85BD7A717F717", "header": "Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community" }, { "text": "603. Establishing process parity for adverse security clearance and access determinations \nSubparagraph (C) of section 3001(j)(4) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(4) ) is amended to read as follows: (C) Contributing factor \n(i) In general \nSubject to clause (iii), in determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall find that paragraph (1) was violated if the individual has demonstrated that a disclosure described in paragraph (1) was a contributing factor in the adverse security clearance or access determination taken against the individual. (ii) Circumstantial evidence \nAn individual under clause (i) may demonstrate that the disclosure was a contributing factor in the adverse security clearance or access determination taken against the individual through circumstantial evidence, such as evidence that— (I) the official making the determination knew of the disclosure; and (II) the determination occurred within a period such that a reasonable person could conclude that the disclosure was a contributing factor in the determination. (iii) Defense \nIn determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall not find that paragraph (1) was violated if, after a finding that a disclosure was a contributing factor, the agency demonstrates by clear and convincing evidence that it would have made the same security clearance or access determination in the absence of such disclosure..", "id": "id67090E860F354524BF532E0E23C54AF0", "header": "Establishing process parity for adverse security clearance and access determinations" }, { "text": "604. Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations \nSection 3001(j)(4)(B) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(4)(B) ) is amended, in the second sentence, by striking not to exceed $300,000.", "id": "id9F2FB103A94B4C14B4EFF05057F850C0", "header": "Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations" }, { "text": "605. Modification and repeal of reporting requirements \n(a) Modification of frequency of whistleblower notifications to Inspector General of the Intelligence Community \nSection 5334(a) of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 ( Public Law 116–92 ; 50 U.S.C. 3033 note) is amended by striking in real time and inserting monthly. (b) Repeal of requirement for Inspectors General reviews of enhanced personnel security programs \n(1) In general \nSection 11001 of title 5, United States Code, is amended— (A) by striking subsection (d); and (B) by redesignating subsection (e) as subsection (d). (2) Technical corrections \nSubsection (d) of section 11001 of such title, as redesignated by paragraph (1)(B), is amended— (A) in paragraph (3), by adding and after the semicolon at the end; and (B) in paragraph (4), by striking ; and and inserting a period.", "id": "idec1183c5ac684f649efaefe7041b8ffa", "header": "Modification and repeal of reporting requirements" }, { "text": "701. Short title \nThis subtitle may be cited as the Classification Reform Act of 2023.", "id": "ID639C78D44C26489AB3890998CDDD99EB", "header": "Short title" }, { "text": "702. Definitions \nTitle VIII of the National Security Act of 1947 ( 50 U.S.C. 3161 et seq. ) is amended— (1) in the title heading by striking Access to classified information procedures and inserting Protection of national security information ; (2) in the matter before section 801, by inserting the following: A Definitions \n800. Definitions \nIn this title: (1) Agency \nThe term agency means any Executive agency as defined in section 105 of title 5, United States Code, any military department as defined in section 102 of such title, and any other entity in the executive branch of the Federal Government that comes into the possession of classified information. (2) Authorized investigative agency \nThe term authorized investigative agency means an agency authorized by law or regulation to conduct a counterintelligence investigation or investigations of persons who are proposed for access to classified information to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information. (3) Classify, classified, classification \nThe terms classify , classified , and classification refer to the process by which information is determined to require protection from unauthorized disclosure pursuant to this title in order to protect the national security of the United States. (4) Classified information \nThe term classified information means information that has been classified. (5) Computer \nThe term computer means any electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device and any data or other information stored or contained in such device. (6) Consumer reporting agency \nThe term consumer reporting agency has the meaning given such term in section 603 of the Consumer Credit Protection Act ( 15 U.S.C. 1681a ). (7) Declassify, declassified, declassification \nThe terms declassify , declassified , and declassification refer to the process by which information that has been classified is determined to no longer require protection from unauthorized disclosure pursuant to this title. (8) Document \nThe term document means any recorded information, regardless of the nature of the medium or the method or circumstances of recording. (9) Employee \nThe term employee includes any person who receives a salary or compensation of any kind from the United States Government, is a contractor of the United States Government or an employee thereof, is an unpaid consultant of the United States Government, or otherwise acts for or on behalf of the United States Government, except as otherwise determined by the President. (10) Executive Agent for Classification and Declassification \nThe term Executive Agent for Classification and Declassification means the Executive Agent for Classification and Declassification established by section 811(a). (11) Financial agency and holding company \nThe terms financial agency and financial institution have the meanings given to such terms in section 5312(a) of title 31, United States Code, and the term holding company has the meaning given to such term in section 1101(6) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3401 ). (12) Foreign power and agent of a foreign power \nThe terms foreign power and agent of a foreign power have the meanings given such terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). (13) Information \nThe term information means any knowledge that can be communicated, or documentary material, regardless of its physical form or characteristics, that is owned by, is produced by or for, or is under the control of the United States Government. (14) Information Security Oversight Office \nThe term Information Security Oversight Office means the Information Security Oversight Office established by section 814(a). (15) Original classification authority \nThe term original classification authority means an individual authorized in writing, either by the President, the Vice President, or by agency heads or other officials designated by the President, to classify information in the first instance. (16) Records \nThe term records means the records of an agency and Presidential papers or Presidential records, as those terms are defined in title 44, United States Code, including those created or maintained by a government contractor, licensee, certificate holder, or grantee that are subject to the sponsoring agency's control under the terms of the contract, license, certificate, or grant. (17) State \nThe term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau, and any other possession of the United States. B Access to classified information procedures \n; and (3) by striking section 805.", "id": "ID7EF769BF79B24CAE81F840950D530ADC", "header": "Definitions" }, { "text": "800. Definitions \nIn this title: (1) Agency \nThe term agency means any Executive agency as defined in section 105 of title 5, United States Code, any military department as defined in section 102 of such title, and any other entity in the executive branch of the Federal Government that comes into the possession of classified information. (2) Authorized investigative agency \nThe term authorized investigative agency means an agency authorized by law or regulation to conduct a counterintelligence investigation or investigations of persons who are proposed for access to classified information to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information. (3) Classify, classified, classification \nThe terms classify , classified , and classification refer to the process by which information is determined to require protection from unauthorized disclosure pursuant to this title in order to protect the national security of the United States. (4) Classified information \nThe term classified information means information that has been classified. (5) Computer \nThe term computer means any electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device and any data or other information stored or contained in such device. (6) Consumer reporting agency \nThe term consumer reporting agency has the meaning given such term in section 603 of the Consumer Credit Protection Act ( 15 U.S.C. 1681a ). (7) Declassify, declassified, declassification \nThe terms declassify , declassified , and declassification refer to the process by which information that has been classified is determined to no longer require protection from unauthorized disclosure pursuant to this title. (8) Document \nThe term document means any recorded information, regardless of the nature of the medium or the method or circumstances of recording. (9) Employee \nThe term employee includes any person who receives a salary or compensation of any kind from the United States Government, is a contractor of the United States Government or an employee thereof, is an unpaid consultant of the United States Government, or otherwise acts for or on behalf of the United States Government, except as otherwise determined by the President. (10) Executive Agent for Classification and Declassification \nThe term Executive Agent for Classification and Declassification means the Executive Agent for Classification and Declassification established by section 811(a). (11) Financial agency and holding company \nThe terms financial agency and financial institution have the meanings given to such terms in section 5312(a) of title 31, United States Code, and the term holding company has the meaning given to such term in section 1101(6) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3401 ). (12) Foreign power and agent of a foreign power \nThe terms foreign power and agent of a foreign power have the meanings given such terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). (13) Information \nThe term information means any knowledge that can be communicated, or documentary material, regardless of its physical form or characteristics, that is owned by, is produced by or for, or is under the control of the United States Government. (14) Information Security Oversight Office \nThe term Information Security Oversight Office means the Information Security Oversight Office established by section 814(a). (15) Original classification authority \nThe term original classification authority means an individual authorized in writing, either by the President, the Vice President, or by agency heads or other officials designated by the President, to classify information in the first instance. (16) Records \nThe term records means the records of an agency and Presidential papers or Presidential records, as those terms are defined in title 44, United States Code, including those created or maintained by a government contractor, licensee, certificate holder, or grantee that are subject to the sponsoring agency's control under the terms of the contract, license, certificate, or grant. (17) State \nThe term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau, and any other possession of the United States.", "id": "id00c8f994fb3d464894d437c5e1b7a4e8", "header": "Definitions" }, { "text": "711. Executive Agent for Classification and Declassification \nTitle VIII of the National Security Act of 1947 ( 50 U.S.C. 3161 et seq. ), as amended by section 702, is further amended by adding at the end the following: C Security classification governance \n811. Executive Agent for Classification and Declassification \n(a) Establishment \nThere is in the executive branch of the Federal Government an Executive Agent for Classification and Declassification who shall be responsible for promoting programs, processes, and systems relating to classification and declassification, including developing technical solutions for automating declassification review and directing resources for such purposes in the Federal Government. (b) Designation \nThe Director of National Intelligence shall serve as the Executive Agent for Classification and Declassification. (c) Duties \nThe duties of the Executive Agent for Classification and Declassification are as follows: (1) To promote classification and declassification programs, processes, and systems with the goal of ensuring that declassification activities keep pace with classification activities and that classified information is declassified at such time as it no longer meets the standard for classification. (2) To promote classification and declassification programs, processes, and systems that ensure secure management of and tracking of classified records. (3) To promote the establishment of a federated classification and declassification system to streamline, modernize, and oversee declassification across agencies. (4) To direct resources to develop, coordinate, and implement a federated classification and declassification system that includes technologies that automate declassification review and promote consistency in declassification determinations across the executive branch of the Federal Government. (5) To work with the Director of the Office of Management and Budget in developing a line item for classification and declassification in each budget of the President that is submitted for a fiscal year under section 1105(a) of title 31, United States Code. (6) To identify and support the development of— (A) best practices for classification and declassification among agencies; and (B) goal-oriented classification and declassification pilot programs. (7) To promote and implement technological and automated solutions relating to classification and declassification, with human input as necessary for key policy decisions. (8) To promote feasible, sustainable, and interoperable programs and processes to facilitate a federated classification and declassification system. (9) To direct the implementation across agencies of the most effective programs and approaches relating to classification and declassification. (10) To establish, oversee, and enforce acquisition and contracting policies relating to classification and declassification programs. (11) In coordination with the Information Security Oversight Office— (A) to issue policies and directives to the heads of agencies relating to directing resources and making technological investments in classification and declassification that include support for a federated system; (B) to ensure implementation of the policies and directives issued under subparagraph (A); (C) to collect information on classification and declassification practices and policies across agencies, including training, accounting, challenges to effective declassification, and costs associated with classification and declassification; (D) to develop policies for ensuring the accuracy of information obtained from Federal agencies; and (E) to develop accurate and relevant metrics for judging the success of classification and declassification policies and directives. (12) To work with appropriate agencies to oversee the implementation of policies, procedures, and processes governing the submission of materials for pre-publication review by persons obligated to submit materials for such review by the terms of a nondisclosure agreement signed in accordance with Executive Order 12968 ( 50 U.S.C. 3161 note; relating to access to classified information), or successor order, and to ensure such policies, procedures, and processes— (A) include clear and consistent guidance on materials that must be submitted and the mechanisms for making such submissions; (B) produce timely and consistent determinations across agencies; and (C) incorporate mechanisms for the timely appeal of such determinations. (d) Consultation with Executive Committee on Classification and Declassification Programs and Technology \nIn making decisions under this section, the Executive Agent for Classification and Declassification shall consult with the Executive Committee on Classification and Declassification Programs and Technology established under section 102(a). (e) Coordination with the National Declassification Center \nIn implementing a federated classification and declassification system, the Executive Agent for Classification and Declassification shall act in coordination with the National Declassification Center established by section 3.7(a) of Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order. (f) Standards and directives of the Information Security Oversight Office \nThe programs, policies, and systems promoted by the Executive Agent for Classification and Declassification shall be consistent with the standards and directives established by the Information Security Oversight Office. (g) Annual report \n(1) In general \nNot later than the end of the first full fiscal year beginning after the date of the enactment of the Classification Reform Act of 2023 and not less frequently than once each fiscal year thereafter, the Executive Agent for Classification and Declassification shall submit to Congress and make available to the public a report on the implementation of classification and declassification programs and processes in the most recently completed fiscal year. (2) Coordination \nEach report submitted and made available under paragraph (1) shall be coordinated with the annual report of the Information Security Oversight Office issued pursuant to section 814(d). (3) Contents \nEach report submitted and made available under subsection (a) shall include, for the period covered by the report, the following: (A) The costs incurred by the Federal Government for classification and declassification. (B) A description of information systems of the Federal Government and technology programs, processes, and systems of agencies related to classification and declassification. (C) A description of the policies and directives issued by the Executive Agent for Classification and Declassification and other activities of the Executive Agent for Classification and Declassification. (D) A description of the challenges posed to agencies in implementing the policies and directives of the Executive Agent for Classification and Declassification as well as relevant implementing policies of the agencies. (E) A description of pilot programs and new investments in programs, processes, and systems relating to classification and declassification and metrics of effectiveness for such programs, processes, and systems. (F) A description of progress and challenges in achieving the goal described in (c)(1). (h) Funding \n(1) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section amounts as follows: (A) $5,000,000 for fiscal year 2024. (B) For fiscal year 2025 and each fiscal year thereafter, such sums as may be necessary to carry out this section. (2) Budget estimates \nIn each budget that the President submits to Congress for a fiscal year under section 1105(a) of title 31, United States Code, the President shall include an estimate of the amounts required to carry out this section in that fiscal year..", "id": "id716c04cb8f294a69ad52d333629db0d0", "header": "Executive Agent for Classification and Declassification" }, { "text": "811. Executive Agent for Classification and Declassification \n(a) Establishment \nThere is in the executive branch of the Federal Government an Executive Agent for Classification and Declassification who shall be responsible for promoting programs, processes, and systems relating to classification and declassification, including developing technical solutions for automating declassification review and directing resources for such purposes in the Federal Government. (b) Designation \nThe Director of National Intelligence shall serve as the Executive Agent for Classification and Declassification. (c) Duties \nThe duties of the Executive Agent for Classification and Declassification are as follows: (1) To promote classification and declassification programs, processes, and systems with the goal of ensuring that declassification activities keep pace with classification activities and that classified information is declassified at such time as it no longer meets the standard for classification. (2) To promote classification and declassification programs, processes, and systems that ensure secure management of and tracking of classified records. (3) To promote the establishment of a federated classification and declassification system to streamline, modernize, and oversee declassification across agencies. (4) To direct resources to develop, coordinate, and implement a federated classification and declassification system that includes technologies that automate declassification review and promote consistency in declassification determinations across the executive branch of the Federal Government. (5) To work with the Director of the Office of Management and Budget in developing a line item for classification and declassification in each budget of the President that is submitted for a fiscal year under section 1105(a) of title 31, United States Code. (6) To identify and support the development of— (A) best practices for classification and declassification among agencies; and (B) goal-oriented classification and declassification pilot programs. (7) To promote and implement technological and automated solutions relating to classification and declassification, with human input as necessary for key policy decisions. (8) To promote feasible, sustainable, and interoperable programs and processes to facilitate a federated classification and declassification system. (9) To direct the implementation across agencies of the most effective programs and approaches relating to classification and declassification. (10) To establish, oversee, and enforce acquisition and contracting policies relating to classification and declassification programs. (11) In coordination with the Information Security Oversight Office— (A) to issue policies and directives to the heads of agencies relating to directing resources and making technological investments in classification and declassification that include support for a federated system; (B) to ensure implementation of the policies and directives issued under subparagraph (A); (C) to collect information on classification and declassification practices and policies across agencies, including training, accounting, challenges to effective declassification, and costs associated with classification and declassification; (D) to develop policies for ensuring the accuracy of information obtained from Federal agencies; and (E) to develop accurate and relevant metrics for judging the success of classification and declassification policies and directives. (12) To work with appropriate agencies to oversee the implementation of policies, procedures, and processes governing the submission of materials for pre-publication review by persons obligated to submit materials for such review by the terms of a nondisclosure agreement signed in accordance with Executive Order 12968 ( 50 U.S.C. 3161 note; relating to access to classified information), or successor order, and to ensure such policies, procedures, and processes— (A) include clear and consistent guidance on materials that must be submitted and the mechanisms for making such submissions; (B) produce timely and consistent determinations across agencies; and (C) incorporate mechanisms for the timely appeal of such determinations. (d) Consultation with Executive Committee on Classification and Declassification Programs and Technology \nIn making decisions under this section, the Executive Agent for Classification and Declassification shall consult with the Executive Committee on Classification and Declassification Programs and Technology established under section 102(a). (e) Coordination with the National Declassification Center \nIn implementing a federated classification and declassification system, the Executive Agent for Classification and Declassification shall act in coordination with the National Declassification Center established by section 3.7(a) of Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order. (f) Standards and directives of the Information Security Oversight Office \nThe programs, policies, and systems promoted by the Executive Agent for Classification and Declassification shall be consistent with the standards and directives established by the Information Security Oversight Office. (g) Annual report \n(1) In general \nNot later than the end of the first full fiscal year beginning after the date of the enactment of the Classification Reform Act of 2023 and not less frequently than once each fiscal year thereafter, the Executive Agent for Classification and Declassification shall submit to Congress and make available to the public a report on the implementation of classification and declassification programs and processes in the most recently completed fiscal year. (2) Coordination \nEach report submitted and made available under paragraph (1) shall be coordinated with the annual report of the Information Security Oversight Office issued pursuant to section 814(d). (3) Contents \nEach report submitted and made available under subsection (a) shall include, for the period covered by the report, the following: (A) The costs incurred by the Federal Government for classification and declassification. (B) A description of information systems of the Federal Government and technology programs, processes, and systems of agencies related to classification and declassification. (C) A description of the policies and directives issued by the Executive Agent for Classification and Declassification and other activities of the Executive Agent for Classification and Declassification. (D) A description of the challenges posed to agencies in implementing the policies and directives of the Executive Agent for Classification and Declassification as well as relevant implementing policies of the agencies. (E) A description of pilot programs and new investments in programs, processes, and systems relating to classification and declassification and metrics of effectiveness for such programs, processes, and systems. (F) A description of progress and challenges in achieving the goal described in (c)(1). (h) Funding \n(1) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section amounts as follows: (A) $5,000,000 for fiscal year 2024. (B) For fiscal year 2025 and each fiscal year thereafter, such sums as may be necessary to carry out this section. (2) Budget estimates \nIn each budget that the President submits to Congress for a fiscal year under section 1105(a) of title 31, United States Code, the President shall include an estimate of the amounts required to carry out this section in that fiscal year.", "id": "idaa1ecc2695ee477b94cf4a4f1fe4b04f", "header": "Executive Agent for Classification and Declassification" }, { "text": "712. Executive Committee on Classification and Declassification Programs and Technology \nSubtitle C of title VIII of the National Security Act of 1947 ( 50 U.S.C. 3161 et seq. ), as added by section 711, is further amended by adding at the end the following: 812. Executive Committee on Classification and Declassification Programs and Technology \n(a) Establishment \nThere is established a committee to provide direction, advice, and guidance to the Executive Agent for Classification and Declassification on matters relating to classification and declassification programs and technology. (b) Designation \nThe committee established by subsection (a) shall be known as the Executive Committee on Classification and Declassification Programs and Technology (in this section referred to as the Committee ). (c) Membership \n(1) Composition \nThe Committee shall be composed of the following: (A) The Director of National Intelligence. (B) The Under Secretary of Defense for Intelligence. (C) The Secretary of Energy. (D) The Secretary of State. (E) The Director of the National Declassification Center. (F) The Director of the Information Security Oversight Board. (G) The Director of the Office of Management and Budget. (H) Such other members as the Executive Agent for Classification and Declassification considers appropriate. (2) Chairperson \nThe President shall appoint the chairperson of the Committee..", "id": "id02046B020D7E4189B08F92915A3CFA34", "header": "Executive Committee on Classification and Declassification Programs and Technology" }, { "text": "812. Executive Committee on Classification and Declassification Programs and Technology \n(a) Establishment \nThere is established a committee to provide direction, advice, and guidance to the Executive Agent for Classification and Declassification on matters relating to classification and declassification programs and technology. (b) Designation \nThe committee established by subsection (a) shall be known as the Executive Committee on Classification and Declassification Programs and Technology (in this section referred to as the Committee ). (c) Membership \n(1) Composition \nThe Committee shall be composed of the following: (A) The Director of National Intelligence. (B) The Under Secretary of Defense for Intelligence. (C) The Secretary of Energy. (D) The Secretary of State. (E) The Director of the National Declassification Center. (F) The Director of the Information Security Oversight Board. (G) The Director of the Office of Management and Budget. (H) Such other members as the Executive Agent for Classification and Declassification considers appropriate. (2) Chairperson \nThe President shall appoint the chairperson of the Committee.", "id": "id2d5a1e0ea83b469ea6ec550f8f936edf", "header": "Executive Committee on Classification and Declassification Programs and Technology" }, { "text": "713. Advisory bodies for Executive Agent for Classification and Declassification \nSubtitle C of title VIII of the National Security Act of 1947 ( 50 U.S.C. 3161 et seq. ), as added by section 711 and amended by section 712, is further amended by adding at the end the following: 813. Advisory bodies for Executive Agent for Classification and Declassification \nThe following are hereby advisory bodies for the Executive Agent for Classification and Declassification: (1) The Public Interest Declassification Board established by section 703(a) of the Public Interest Declassification Act of 2000 ( Public Law 106–567 ). (2) The Office of the Historian of the Department of State. (3) The Historical Office of the Secretary of Defense. (4) The Office of the Chief Historian of the Central Intelligence Agency..", "id": "id1BCA398C797044E289EE848A68D81437", "header": "Advisory bodies for Executive Agent for Classification and Declassification" }, { "text": "813. Advisory bodies for Executive Agent for Classification and Declassification \nThe following are hereby advisory bodies for the Executive Agent for Classification and Declassification: (1) The Public Interest Declassification Board established by section 703(a) of the Public Interest Declassification Act of 2000 ( Public Law 106–567 ). (2) The Office of the Historian of the Department of State. (3) The Historical Office of the Secretary of Defense. (4) The Office of the Chief Historian of the Central Intelligence Agency.", "id": "id3cd76d91931644f2862fb9a6270c457f", "header": "Advisory bodies for Executive Agent for Classification and Declassification" }, { "text": "714. Information Security Oversight Office \nSubtitle C of title VIII of the National Security Act of 1947 ( 50 U.S.C. 3161 et seq. ), as added by section 711 and amended by sections 712 and 713, is further amended by adding at the end the following: 814. Information Security Oversight Office \n(a) Establishment \n(1) In general \nThere is hereby established in the executive branch of the Federal Government an office to ensure the Government protects and provides proper access to information to advance the national and public interest by standardizing and assessing the management of classified and controlled unclassified information through oversight, policy development, guidance, education, and reporting. (2) Designation \nThe office established by paragraph (1) shall be known as the Information Security Oversight Office (in this section referred to as the Office ). (b) Director \nThere is in the Office a director who shall be the head of the Office and who shall be appointed by the President. (c) Duties \nThe duties of the director of the Office, which the director shall carry out in coordination with the Executive Agent for Classification and Declassification, are as follows: (1) To develop directives to implement a uniform system across the United States Government for classifying, safeguarding, declassifying, and downgrading of national security information. (2) To oversee implementation of such directives by agencies through establishment of strategic goals and objectives and periodic assessment of agency performance vis-à-vis such goals and objectives. (d) Annual report \nEach fiscal year, the director of the Office shall submit to Congress a report on the execution of the duties of the director under subsection (c). (e) Funding \n(1) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section amounts as follows: (A) $5,000,000 for fiscal year 2024. (B) For fiscal year 2025 and each fiscal year thereafter, such sums as may be necessary to carry out this section. (2) Budget estimates \nIn each budget that the President submits to Congress for a fiscal year under section 1105(a) of title 31, United States Code, the President shall include an estimate of the amounts required to carry out this section in that fiscal year..", "id": "id1769C07825C54346ACCACD8F04705E7D", "header": "Information Security Oversight Office" }, { "text": "814. Information Security Oversight Office \n(a) Establishment \n(1) In general \nThere is hereby established in the executive branch of the Federal Government an office to ensure the Government protects and provides proper access to information to advance the national and public interest by standardizing and assessing the management of classified and controlled unclassified information through oversight, policy development, guidance, education, and reporting. (2) Designation \nThe office established by paragraph (1) shall be known as the Information Security Oversight Office (in this section referred to as the Office ). (b) Director \nThere is in the Office a director who shall be the head of the Office and who shall be appointed by the President. (c) Duties \nThe duties of the director of the Office, which the director shall carry out in coordination with the Executive Agent for Classification and Declassification, are as follows: (1) To develop directives to implement a uniform system across the United States Government for classifying, safeguarding, declassifying, and downgrading of national security information. (2) To oversee implementation of such directives by agencies through establishment of strategic goals and objectives and periodic assessment of agency performance vis-à-vis such goals and objectives. (d) Annual report \nEach fiscal year, the director of the Office shall submit to Congress a report on the execution of the duties of the director under subsection (c). (e) Funding \n(1) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section amounts as follows: (A) $5,000,000 for fiscal year 2024. (B) For fiscal year 2025 and each fiscal year thereafter, such sums as may be necessary to carry out this section. (2) Budget estimates \nIn each budget that the President submits to Congress for a fiscal year under section 1105(a) of title 31, United States Code, the President shall include an estimate of the amounts required to carry out this section in that fiscal year.", "id": "idc99a9e2249ad4642ab39001f7d292a18", "header": "Information Security Oversight Office" }, { "text": "721. Classification and declassification of information \n(a) In general \nTitle VIII of the National Security Act of 1947, as amended by chapter 2 of this subtitle, is further amended by adding at the end the following: D Classification and declassification \n821. Classification and declassification of information \n(a) In general \nThe President may, in accordance with this title, protect from unauthorized disclosure any information owned by, produced by or for, or under the control of the executive branch when there is a demonstrable need to do so in order to protect the national security of the United States. (b) Establishment of standards and procedures for classification and declassification \n(1) Governmentwide procedures \n(A) Classification \nThe President shall, to the extent necessary, establish categories of information that may be classified and procedures for classifying information under subsection (a). (B) Declassification \nAt the same time the President establishes categories and procedures under subparagraph (A), the President shall establish procedures for declassifying information that was previously classified. (C) Minimum requirements \nThe procedures established pursuant to subparagraphs (A) and (B) shall— (i) permit the classification of information only in cases in which the information meets the standard set forth in subsection (c) and require the declassification of information that does not meet such standard; (ii) provide for no more than two levels of classification; (iii) provide for the declassification of information classified under this title in accordance with subsection (d); (iv) provide for the automatic declassification of classified records with permanent historical value in accordance with subsection (e); and (v) provide for the timely review of materials submitted for pre-publication review in accordance with subsection (g). (2) Notice and comment \n(A) Notice \nThe President shall publish in the Federal Register notice regarding the categories and procedures proposed to be established under paragraph (1). (B) Comment \nThe President shall provide an opportunity for interested persons to submit comments on the categories and procedures covered by subparagraph (A). (C) Deadline \nThe President shall complete the establishment of categories and procedures under this subsection not later than 60 days after publishing notice in the Federal Register under subparagraph (A). Upon completion of the establishment of such categories and procedures, the President shall publish in the Federal Register notice regarding such categories and procedures. (3) Modification \nIn the event the President determines to modify any categories or procedures established under paragraph (1), subparagraphs (A) and (B) of paragraph (2) shall apply to the modification of such categories or procedures. (4) Agency standards and procedures \n(A) In general \nThe head of each agency shall establish a single set of consolidated standards and procedures to permit such agency to classify and declassify information created by such agency in accordance with the categories and procedures established by the President under this section and otherwise to carry out this title. (B) Deadline \nEach agency head shall establish the standards and procedures under subparagraph (A) not later than 60 days after the date on which the President publishes notice under paragraph (2)(C) of the categories and standards established by the President under this subsection. (C) Submittal to Congress \nEach agency head shall submit to Congress the standards and procedures established by such agency head under this paragraph. (c) Standard for classification and declassification \n(1) In general \nSubject to paragraphs (2) and (3), information may be classified under this title, and classified information under review for declassification under this title may remain classified, only if the harm to national security that might reasonably be expected from disclosure of such information outweighs the public interest in disclosure of such information. (2) Default rules \n(A) Default with respect to classification \nIn the event of significant doubt as to whether the harm to national security that might reasonably be expected from the disclosure of information would outweigh the public interest in the disclosure of such information, such information shall not be classified. (B) Default with respect to declassification \nIn the event of significant doubt as to whether the harm to national security that might reasonably be expected from the disclosure of information previously classified under this title would outweigh the public interest in the disclosure of such information, such information shall be declassified. (3) Criteria \nFor purposes of this subsection, in determining the harm to national security that might reasonably be expected from disclosure of information, and the public interest in the disclosure of information, the official making the determination shall consider the following: (A) With regard to the harm to national security that might reasonably be expected from disclosure of information, whether or not disclosure of the information would— (i) reveal the identity of a confidential human source, or reveal information about the application of an intelligence source or method, or reveal the identity of a human intelligence source when the unauthorized disclosure of that source would clearly and demonstrably damage the national security interests of the United States; (ii) reveal information that would assist in the development or use of weapons of mass destruction; (iii) reveal information that would impair United States cryptologic systems or activities; (iv) reveal information that would impair the application of state-of-the-art technology within a United States weapons system; (v) reveal actual United States military war plans that remain in effect; (vi) reveal information that would seriously and demonstrably impair relations between the United States and a foreign government, or seriously and demonstrably undermine ongoing diplomatic activities of the United States; (vii) reveal information that would clearly and demonstrably impair the current ability of United States Government officials to protect the President, Vice President, and other officials for whom protection services, in the interest of national security, are authorized; (viii) reveal information that would seriously and demonstrably impair current national security emergency preparedness plans; or (ix) violate a statute, treaty, or international agreement. (B) With regard to the public interest in disclosure of information— (i) whether or not disclosure of the information would better enable United States citizens to hold Government officials accountable for their actions and policies; (ii) whether or not disclosure of the information would assist the United States criminal justice system in holding persons responsible for criminal acts or acts contrary to the Constitution; (iii) whether or not disclosure of the information would assist Congress, or any committee or subcommittee thereof, in carrying out its oversight responsibilities with regard to the executive branch or in adequately informing itself of executive branch policies and activities in order to carry out its legislative responsibilities; (iv) whether the disclosure of the information would assist Congress or the public in understanding the interpretation of the Federal Government of a provision of law, including Federal regulations, Presidential directives, statutes, case law, and the Constitution of the United States; or (v) whether or not disclosure of the information would bring about any other significant benefit, including an increase in public awareness or understanding of Government activities or an enhancement of Government efficiency. (4) Written justification for classification \n(A) Original classification \nEach agency official who makes a decision to classify information not previously classified shall, at the time of the classification decision— (i) identify himself or herself; and (ii) provide in writing a detailed justification of that decision. (B) Derivative classification \nIn any case in which an agency official or contractor employee classifies a document on the basis of information previously classified that is included or referenced in the document, the official or employee, as the case may be, shall— (i) identify himself or herself in that document; and (ii) use a concise notation, or similar means, to document the basis for that decision. (5) Classification prohibitions and limitations \n(A) In general \nIn no case shall information be classified, continue to be maintained as classified, or fail to be declassified in order— (i) to conceal violations of law, inefficiency, or administrative error; (ii) to prevent embarrassment to a person, organization, or agency; (iii) to restrain competition; or (iv) to prevent or delay the release of information that does not require protection in the interest of national security. (B) Basic scientific research \nBasic scientific research information not clearly related to national security shall not be classified. (C) Reclassification \nInformation may not be reclassified after being declassified and release to the public under proper authority unless personally approved by the President based on a determination that such reclassification is required to prevent significant and demonstrable damage to national security; (d) Declassification of information classified under Act \n(1) In general \nNo information may remain classified indefinitely. (2) Maximum period of classification \nExcept as provided in paragraphs (3), (4), and (5), information may not remain classified under this title after the date that is 25 years after the date of the original classification of the information. (3) Earlier declassification \nWhen classifying information under this title, an agency official may provide for the declassification of the information as of a date or event that is earlier than the date otherwise provided for under paragraph (2). (4) Later declassification \nWhen classifying information under this title, an agency official may provide for the declassification of the information on the date that is 50 years after the date of the classification if the head of the agency— (A) determines that there is no likely set of circumstances under which declassification would occur within the time otherwise provided for under paragraph (2); (B) (i) obtains the concurrence of the director of the Information Security Oversight Office in the determination; or (ii) seeks but is unable to obtain concurrence under clause (i), obtains the concurrence of the President; and (C) submits to the President a certification of the determination. (5) Postponement of declassification \n(A) In general \nThe declassification of any information or category of information that would otherwise be declassified under paragraph (2) or (4) may be postponed, but only with the personal approval of the President based on a determination that such postponement is required to prevent significant and demonstrable damage to the national security of the United States. (B) General duration of postponement \nInformation the declassification of which is postponed under this paragraph may remain classified not longer than 10 years after the date of the postponement, unless such classification is renewed by the President. (C) Congressional notification \nWithin 30 days of any postponement or renewal of a postponement under this paragraph, the President shall provide written notification to Congress of such postponement or renewal that describes the significant and demonstrable damage to the national security of the United States that justifies such postponement or renewal. (6) Basis for determinations \nAn agency official making a determination under this subsection with respect to the duration of classification of information, or the declassification of information, shall make the determination required under subsection (c) with respect to classification or declassification in accordance with an assessment of the criteria specified in paragraph (3) of such subsection (c) that is current as of the determination. (e) Automatic declassification of classified records \n(1) In general \nExcept as provided in paragraph (2), all classified records that are more than 50 years old and have been determined to have permanent historical value under title 44, United States Code, shall be automatically declassified on December 31 of the year that is 50 years after the date on which the records were created, whether or not the records have been reviewed. (2) Postponement \n(A) Agency Postponement \nThe head of an agency may postpone automatic declassification under paragraph (1) of specific records or information, or renew a period of postponed automatic declassification, if the agency head determines that disclosure of the records or information would clearly and demonstrably be expected— (i) to reveal the identity of a confidential human source or a human intelligence source; or (ii) to reveal information that would assist in the development, production, or use of weapons of mass destruction. (B) Presidential Postponement \nThe President may postpone automatic declassification under paragraph (1) of specific records or information if the President determines that such postponement is required to prevent significant and demonstrable damage to the national security of the United States. (C) General duration of postponement \nA period of postponement of automatic declassification under this paragraph shall not exceed 10 years after the date of the postponement, unless renewed by the agency head who postponed the automatic declassification or the President. (D) Congressional notification \nWithin 30 days of any postponement or renewal of a postponement under this paragraph, the President or the head of the agency responsible for the postponement shall provide written notification to Congress of such postponement or renewal that describes the justification for such postponement or renewal. (f) Declassification of current classified information \n(1) Procedures \nThe President shall establish procedures for declassifying information that was classified before the date of the enactment of the Classification Reform Act of 2023. Such procedures shall, to the maximum extent practicable, be consistent with the provisions of this section. (2) Automatic declassification \nThe procedures established under paragraph (1) shall include procedures for the automatic declassification of information referred to in paragraph (1) that has remained classified for more than 25 years as of such date. (3) Notice and comment \n(A) Notice \nThe President shall publish notice in the Federal Register of the procedures proposed to be established under this subsection. (B) Comment \nThe President shall provide an opportunity for interested persons to submit comments on the procedures covered by subparagraph (A). (C) Deadline \nThe President shall complete the establishment of procedures under this subsection not later than 60 days after publishing notice in the Federal Register under subparagraph (A). Upon completion of the establishment of such procedures, the President shall publish in the Federal Register notice regarding such procedures. (g) Pre-publication review \n(1) In general \nThe head of each agency that requires personnel to sign a nondisclosure agreement in accordance with Executive Order 12968 ( 50 U.S.C. 3161 note; relating to access to classified information), or successor order, providing for the submittal of materials for pre-publication review, shall establish a process for the timely review of such materials consistent with the requirements of this title. (2) Requirements \nEach process established under paragraph (1) shall include the following: (A) Clear guidance on materials required to be submitted and the means of submission. (B) Mechanisms for ensuring consistent decision making across multiple agencies. (C) Mechanisms for appeal of decisions made in the course of the review process. (3) Centralized appeal \nThe President shall establish a mechanism for centralized appeal of agency decisions made pursuant to this subsection.. (b) Conforming amendment to FOIA \nSection 552(b)(1) of title 5, United States Code, is amended to read as follows: (1) (A) specifically authorized to be classified under the title VIII of the National Security Act of 1947, or specifically authorized under criteria established by an Executive order to be kept secret in the interest of national security; and (B) are in fact properly classified pursuant to that title or Executive order;. (c) Effective date \n(1) In general \nSection 821 of the National Security Act of 1947, as added by subsection (a), and the amendment made by subsection (b), shall take effect on the date that is 180 days after the date of the enactment of this Act. (2) Relation to Presidential directives \nPresidential directives regarding classifying, safeguarding, and declassifying national security information, including Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order, in effect on the day before the date of the enactment of this Act, as well as procedures issued pursuant to such Presidential directives, shall remain in effect until superseded by procedures issues pursuant to section 821 of the National Security Act of 1947, as added by subsection (a).", "id": "ID55BBB8C6FDDD443CA08008A6A6186FF4", "header": "Classification and declassification of information" }, { "text": "821. Classification and declassification of information \n(a) In general \nThe President may, in accordance with this title, protect from unauthorized disclosure any information owned by, produced by or for, or under the control of the executive branch when there is a demonstrable need to do so in order to protect the national security of the United States. (b) Establishment of standards and procedures for classification and declassification \n(1) Governmentwide procedures \n(A) Classification \nThe President shall, to the extent necessary, establish categories of information that may be classified and procedures for classifying information under subsection (a). (B) Declassification \nAt the same time the President establishes categories and procedures under subparagraph (A), the President shall establish procedures for declassifying information that was previously classified. (C) Minimum requirements \nThe procedures established pursuant to subparagraphs (A) and (B) shall— (i) permit the classification of information only in cases in which the information meets the standard set forth in subsection (c) and require the declassification of information that does not meet such standard; (ii) provide for no more than two levels of classification; (iii) provide for the declassification of information classified under this title in accordance with subsection (d); (iv) provide for the automatic declassification of classified records with permanent historical value in accordance with subsection (e); and (v) provide for the timely review of materials submitted for pre-publication review in accordance with subsection (g). (2) Notice and comment \n(A) Notice \nThe President shall publish in the Federal Register notice regarding the categories and procedures proposed to be established under paragraph (1). (B) Comment \nThe President shall provide an opportunity for interested persons to submit comments on the categories and procedures covered by subparagraph (A). (C) Deadline \nThe President shall complete the establishment of categories and procedures under this subsection not later than 60 days after publishing notice in the Federal Register under subparagraph (A). Upon completion of the establishment of such categories and procedures, the President shall publish in the Federal Register notice regarding such categories and procedures. (3) Modification \nIn the event the President determines to modify any categories or procedures established under paragraph (1), subparagraphs (A) and (B) of paragraph (2) shall apply to the modification of such categories or procedures. (4) Agency standards and procedures \n(A) In general \nThe head of each agency shall establish a single set of consolidated standards and procedures to permit such agency to classify and declassify information created by such agency in accordance with the categories and procedures established by the President under this section and otherwise to carry out this title. (B) Deadline \nEach agency head shall establish the standards and procedures under subparagraph (A) not later than 60 days after the date on which the President publishes notice under paragraph (2)(C) of the categories and standards established by the President under this subsection. (C) Submittal to Congress \nEach agency head shall submit to Congress the standards and procedures established by such agency head under this paragraph. (c) Standard for classification and declassification \n(1) In general \nSubject to paragraphs (2) and (3), information may be classified under this title, and classified information under review for declassification under this title may remain classified, only if the harm to national security that might reasonably be expected from disclosure of such information outweighs the public interest in disclosure of such information. (2) Default rules \n(A) Default with respect to classification \nIn the event of significant doubt as to whether the harm to national security that might reasonably be expected from the disclosure of information would outweigh the public interest in the disclosure of such information, such information shall not be classified. (B) Default with respect to declassification \nIn the event of significant doubt as to whether the harm to national security that might reasonably be expected from the disclosure of information previously classified under this title would outweigh the public interest in the disclosure of such information, such information shall be declassified. (3) Criteria \nFor purposes of this subsection, in determining the harm to national security that might reasonably be expected from disclosure of information, and the public interest in the disclosure of information, the official making the determination shall consider the following: (A) With regard to the harm to national security that might reasonably be expected from disclosure of information, whether or not disclosure of the information would— (i) reveal the identity of a confidential human source, or reveal information about the application of an intelligence source or method, or reveal the identity of a human intelligence source when the unauthorized disclosure of that source would clearly and demonstrably damage the national security interests of the United States; (ii) reveal information that would assist in the development or use of weapons of mass destruction; (iii) reveal information that would impair United States cryptologic systems or activities; (iv) reveal information that would impair the application of state-of-the-art technology within a United States weapons system; (v) reveal actual United States military war plans that remain in effect; (vi) reveal information that would seriously and demonstrably impair relations between the United States and a foreign government, or seriously and demonstrably undermine ongoing diplomatic activities of the United States; (vii) reveal information that would clearly and demonstrably impair the current ability of United States Government officials to protect the President, Vice President, and other officials for whom protection services, in the interest of national security, are authorized; (viii) reveal information that would seriously and demonstrably impair current national security emergency preparedness plans; or (ix) violate a statute, treaty, or international agreement. (B) With regard to the public interest in disclosure of information— (i) whether or not disclosure of the information would better enable United States citizens to hold Government officials accountable for their actions and policies; (ii) whether or not disclosure of the information would assist the United States criminal justice system in holding persons responsible for criminal acts or acts contrary to the Constitution; (iii) whether or not disclosure of the information would assist Congress, or any committee or subcommittee thereof, in carrying out its oversight responsibilities with regard to the executive branch or in adequately informing itself of executive branch policies and activities in order to carry out its legislative responsibilities; (iv) whether the disclosure of the information would assist Congress or the public in understanding the interpretation of the Federal Government of a provision of law, including Federal regulations, Presidential directives, statutes, case law, and the Constitution of the United States; or (v) whether or not disclosure of the information would bring about any other significant benefit, including an increase in public awareness or understanding of Government activities or an enhancement of Government efficiency. (4) Written justification for classification \n(A) Original classification \nEach agency official who makes a decision to classify information not previously classified shall, at the time of the classification decision— (i) identify himself or herself; and (ii) provide in writing a detailed justification of that decision. (B) Derivative classification \nIn any case in which an agency official or contractor employee classifies a document on the basis of information previously classified that is included or referenced in the document, the official or employee, as the case may be, shall— (i) identify himself or herself in that document; and (ii) use a concise notation, or similar means, to document the basis for that decision. (5) Classification prohibitions and limitations \n(A) In general \nIn no case shall information be classified, continue to be maintained as classified, or fail to be declassified in order— (i) to conceal violations of law, inefficiency, or administrative error; (ii) to prevent embarrassment to a person, organization, or agency; (iii) to restrain competition; or (iv) to prevent or delay the release of information that does not require protection in the interest of national security. (B) Basic scientific research \nBasic scientific research information not clearly related to national security shall not be classified. (C) Reclassification \nInformation may not be reclassified after being declassified and release to the public under proper authority unless personally approved by the President based on a determination that such reclassification is required to prevent significant and demonstrable damage to national security; (d) Declassification of information classified under Act \n(1) In general \nNo information may remain classified indefinitely. (2) Maximum period of classification \nExcept as provided in paragraphs (3), (4), and (5), information may not remain classified under this title after the date that is 25 years after the date of the original classification of the information. (3) Earlier declassification \nWhen classifying information under this title, an agency official may provide for the declassification of the information as of a date or event that is earlier than the date otherwise provided for under paragraph (2). (4) Later declassification \nWhen classifying information under this title, an agency official may provide for the declassification of the information on the date that is 50 years after the date of the classification if the head of the agency— (A) determines that there is no likely set of circumstances under which declassification would occur within the time otherwise provided for under paragraph (2); (B) (i) obtains the concurrence of the director of the Information Security Oversight Office in the determination; or (ii) seeks but is unable to obtain concurrence under clause (i), obtains the concurrence of the President; and (C) submits to the President a certification of the determination. (5) Postponement of declassification \n(A) In general \nThe declassification of any information or category of information that would otherwise be declassified under paragraph (2) or (4) may be postponed, but only with the personal approval of the President based on a determination that such postponement is required to prevent significant and demonstrable damage to the national security of the United States. (B) General duration of postponement \nInformation the declassification of which is postponed under this paragraph may remain classified not longer than 10 years after the date of the postponement, unless such classification is renewed by the President. (C) Congressional notification \nWithin 30 days of any postponement or renewal of a postponement under this paragraph, the President shall provide written notification to Congress of such postponement or renewal that describes the significant and demonstrable damage to the national security of the United States that justifies such postponement or renewal. (6) Basis for determinations \nAn agency official making a determination under this subsection with respect to the duration of classification of information, or the declassification of information, shall make the determination required under subsection (c) with respect to classification or declassification in accordance with an assessment of the criteria specified in paragraph (3) of such subsection (c) that is current as of the determination. (e) Automatic declassification of classified records \n(1) In general \nExcept as provided in paragraph (2), all classified records that are more than 50 years old and have been determined to have permanent historical value under title 44, United States Code, shall be automatically declassified on December 31 of the year that is 50 years after the date on which the records were created, whether or not the records have been reviewed. (2) Postponement \n(A) Agency Postponement \nThe head of an agency may postpone automatic declassification under paragraph (1) of specific records or information, or renew a period of postponed automatic declassification, if the agency head determines that disclosure of the records or information would clearly and demonstrably be expected— (i) to reveal the identity of a confidential human source or a human intelligence source; or (ii) to reveal information that would assist in the development, production, or use of weapons of mass destruction. (B) Presidential Postponement \nThe President may postpone automatic declassification under paragraph (1) of specific records or information if the President determines that such postponement is required to prevent significant and demonstrable damage to the national security of the United States. (C) General duration of postponement \nA period of postponement of automatic declassification under this paragraph shall not exceed 10 years after the date of the postponement, unless renewed by the agency head who postponed the automatic declassification or the President. (D) Congressional notification \nWithin 30 days of any postponement or renewal of a postponement under this paragraph, the President or the head of the agency responsible for the postponement shall provide written notification to Congress of such postponement or renewal that describes the justification for such postponement or renewal. (f) Declassification of current classified information \n(1) Procedures \nThe President shall establish procedures for declassifying information that was classified before the date of the enactment of the Classification Reform Act of 2023. Such procedures shall, to the maximum extent practicable, be consistent with the provisions of this section. (2) Automatic declassification \nThe procedures established under paragraph (1) shall include procedures for the automatic declassification of information referred to in paragraph (1) that has remained classified for more than 25 years as of such date. (3) Notice and comment \n(A) Notice \nThe President shall publish notice in the Federal Register of the procedures proposed to be established under this subsection. (B) Comment \nThe President shall provide an opportunity for interested persons to submit comments on the procedures covered by subparagraph (A). (C) Deadline \nThe President shall complete the establishment of procedures under this subsection not later than 60 days after publishing notice in the Federal Register under subparagraph (A). Upon completion of the establishment of such procedures, the President shall publish in the Federal Register notice regarding such procedures. (g) Pre-publication review \n(1) In general \nThe head of each agency that requires personnel to sign a nondisclosure agreement in accordance with Executive Order 12968 ( 50 U.S.C. 3161 note; relating to access to classified information), or successor order, providing for the submittal of materials for pre-publication review, shall establish a process for the timely review of such materials consistent with the requirements of this title. (2) Requirements \nEach process established under paragraph (1) shall include the following: (A) Clear guidance on materials required to be submitted and the means of submission. (B) Mechanisms for ensuring consistent decision making across multiple agencies. (C) Mechanisms for appeal of decisions made in the course of the review process. (3) Centralized appeal \nThe President shall establish a mechanism for centralized appeal of agency decisions made pursuant to this subsection.", "id": "id7B51E69D7F0E4F3781D0C71FA8C4B22A", "header": "Classification and declassification of information" }, { "text": "722. Declassification working capital funds \nSubtitle D of title VIII of the National Security Act of 1947, as added by section 721, is amended by adding at the end the following: 822. Declassification working capital funds \n(a) Definition of covered agency \nIn this section, the term covered agency means an agency that has original classification authority. (b) Programs required \nNot later than 90 days after the date of the enactment of the Classification Reform Act of 2023 , each head of a covered agency shall establish a program for the automatic declassification of classified records that have permanent historical value. (c) Estimates \nEach head of a covered agency shall ensure that the program established by the head pursuant to subsection (b) includes a mechanism for estimating the number of classified records generated by each subcomponent of the covered agency each fiscal year. (d) Declassification working capital funds \n(1) Establishment \nFor each covered agency, there is established in the Treasury of the United States a fund to be known as the Declassification Working Capital Fund of the respective covered agency. (2) Contents of funds \nEach fund established under paragraph (1) shall consist of the following: (A) Amounts transferred to the fund under subsection (e). (B) Amounts appropriated to the fund. (3) Availability and use of funds \nSubject to the concurrence of the Executive Agent for Classification and Declassification, amounts in a fund of a covered agency established by paragraph (1) shall be available, without fiscal year limitation, to promote and implement technological and automated solutions that are interoperable across covered agencies to support the programs of covered agencies established pursuant to subsection (b). (e) Transfers to the funds \nEach head of a covered agency shall issue regulations for the covered agency, subject to review and approval by the Executive Agent for Classification and Declassification, that require each subcomponent of the covered agency to transfer, on a periodic basis, to the fund established for the covered agency under subsection (c)(1), an amount for a period that bears the same ratio to the total amount transferred to the fund by all subcomponents of the covered agency for that period as the ratio of— (1) the estimate for the subcomponent pursuant to the mechanism required by subsection (c) for that period; bears to (2) the aggregate of all of the estimates for all subcomponents of the Executive agency under such mechanism for the same period..", "id": "idC61B5CB70382422CB05AAA4B0C09AE58", "header": "Declassification working capital funds" }, { "text": "822. Declassification working capital funds \n(a) Definition of covered agency \nIn this section, the term covered agency means an agency that has original classification authority. (b) Programs required \nNot later than 90 days after the date of the enactment of the Classification Reform Act of 2023 , each head of a covered agency shall establish a program for the automatic declassification of classified records that have permanent historical value. (c) Estimates \nEach head of a covered agency shall ensure that the program established by the head pursuant to subsection (b) includes a mechanism for estimating the number of classified records generated by each subcomponent of the covered agency each fiscal year. (d) Declassification working capital funds \n(1) Establishment \nFor each covered agency, there is established in the Treasury of the United States a fund to be known as the Declassification Working Capital Fund of the respective covered agency. (2) Contents of funds \nEach fund established under paragraph (1) shall consist of the following: (A) Amounts transferred to the fund under subsection (e). (B) Amounts appropriated to the fund. (3) Availability and use of funds \nSubject to the concurrence of the Executive Agent for Classification and Declassification, amounts in a fund of a covered agency established by paragraph (1) shall be available, without fiscal year limitation, to promote and implement technological and automated solutions that are interoperable across covered agencies to support the programs of covered agencies established pursuant to subsection (b). (e) Transfers to the funds \nEach head of a covered agency shall issue regulations for the covered agency, subject to review and approval by the Executive Agent for Classification and Declassification, that require each subcomponent of the covered agency to transfer, on a periodic basis, to the fund established for the covered agency under subsection (c)(1), an amount for a period that bears the same ratio to the total amount transferred to the fund by all subcomponents of the covered agency for that period as the ratio of— (1) the estimate for the subcomponent pursuant to the mechanism required by subsection (c) for that period; bears to (2) the aggregate of all of the estimates for all subcomponents of the Executive agency under such mechanism for the same period.", "id": "id89c82075608840f8a5825ffb4d88848c", "header": "Declassification working capital funds" }, { "text": "723. Transparency officers \nSection 1062(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee–1(a) ) is amended— (1) in paragraph (3), by striking ; and and inserting a semicolon; (2) in paragraph (4)(C), by striking the period at the end and inserting ; and ; (3) by adding at the end the following: (5) assist the head of such department, agency, or element and other officials of such department, agency, or element in identifying records of significant public interest and prioritizing appropriate review of such records in order to facilitate the public disclosure of such records in redacted or unredacted form. ; (4) in paragraph (4), by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting such clauses 2 ems to the right; (5) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting such subparagraphs 2 ems to the right; (6) in the matter before subparagraph (A), as redesignated by paragraph (5), by striking The Attorney General and inserting the following: (1) In general \nThe Attorney General ; and (7) by adding at the end the following: (2) Determining public interest in disclosure \nIn assisting the head of a department, agency, or element and other officials of such department, agency, or element in identifying records of significant public interest under subparagraph (E) of paragraph (1), a senior officer designated under such paragraph shall consider— (A) whether or not disclosure of the information would better enable United States citizens to hold Federal Government officials accountable for their actions and policies; (B) whether or not disclosure of the information would assist the United States criminal justice system in holding persons responsible for criminal acts or acts contrary to the Constitution; (C) whether or not disclosure of the information would assist Congress, or any committee or subcommittee thereof, in carrying out its oversight responsibilities with regard to the executive branch or in adequately informing itself of executive branch policies and activities in order to carry out its legislative responsibilities; (D) whether the disclosure of the information would assist Congress or the public in understanding the interpretation of the Federal Government of a provision of law, including Federal regulations, Presidential directives, statutes, case law, and the Constitution of the United States; or (E) whether or not disclosure of the information would bring about any other significant benefit, including an increase in public awareness or understanding of Government activities or an enhancement of Federal Government efficiency..", "id": "id3f8e22c82a5d4d48ac462235b3412c75", "header": "Transparency officers" }, { "text": "731. Security review of certain records of the President and Vice President \nTitle VIII of the National Security Act of 1947, as amended by chapters 2 and 3 of this subtitle, is further amended by adding at the end the following: E Protection of classified information \n831. Security review of certain records of the President and Vice President \n(a) Definitions \nIn this section: (1) Archivist, documentary material, Presidential records, personal records \nThe terms Archivist , documentary material , Presidential records , and personal records have the meanings given such terms in section 2201 of title 44, United States Code. (2) Commingled or uncategorized records \n(A) In general \nExcept as provided in subparagraph (B), the term commingled or uncategorized records means all documentary materials not categorized as Presidential records or personal records upon their creation or receipt and filed separately pursuant to section 2203(d) of title 44, United States Code. (B) Exception \nThe term commingled or uncategorized records does not include documentary materials that are— (i) official records of an agency (as defined in section 552(f) of title 5, United States Code); (ii) stocks of publications and stationery; or (iii) extra copies of documents produced only for convenience of reference, when such copies are clearly so identified. (3) Official records of an agency \nThe term official records of an agency means official records of an agency within the meaning of such terms in section 552 of title 5, United States. (b) Presumption as Presidential records \nCommingled or uncategorized records shall be presumed to be Presidential records, unless the President or Vice President— (1) categorizes the commingled or uncategorized records as personal records in accordance with subsection (c); or (2) determines the commingled or uncategorized records are— (A) official records of an agency; (B) stocks of publications and stationery; or (C) extra copies of documents produced only for convenience of reference, when such copies are clearly so identified. (c) Categorizing commingled or uncategorized records as personal records \nAt any time during the President or Vice President’s term of office, the President or Vice President may categorize commingled or uncategorized records as personal records if— (1) the Archivist performs a security review of the commingled or uncategorized records that is reasonably designed to identify records that contain standard markings indicating that records contain classified information; (2) the President obtains written confirmation from the Archivist that the review conducted pursuant to paragraph (1) did not identify any records that contain standard markings indicating that records contain classified information or, if such markings were improperly applied, that such markings have been corrected; and (3) the President obtains written confirmation from the Archivist that the Archivist is not aware of any other requirement that would preclude categorizing the commingled or uncategorized records as personal records. (d) Review of commingled or uncategorized records of former Presidents and Vice Presidents \n(1) Requests for review \nDuring the 180-day period following the end of the term of office of a former President or Vice President— (A) the former President or Vice President may request that the Archivist review the categorization of any commingled or uncategorized records created or received during the term of the former President or Vice President; and (B) the Archivist shall perform a security review of the commingled or uncategorized records pursuant to the request. (2) Actions upon completion of review \nIf, pursuant to a review under paragraph (1), the Archivist determines that any commingled or uncategorized records reviewed are improperly categorized, the Archivist shall— (A) submit to the President a recommendation to correct the categorization of the records; and (B) notify the former President or Vice President of that recommendation..", "id": "id7e0e64e131f1414c8bb4c9a98141fa4b", "header": "Security review of certain records of the President and Vice President" }, { "text": "831. Security review of certain records of the President and Vice President \n(a) Definitions \nIn this section: (1) Archivist, documentary material, Presidential records, personal records \nThe terms Archivist , documentary material , Presidential records , and personal records have the meanings given such terms in section 2201 of title 44, United States Code. (2) Commingled or uncategorized records \n(A) In general \nExcept as provided in subparagraph (B), the term commingled or uncategorized records means all documentary materials not categorized as Presidential records or personal records upon their creation or receipt and filed separately pursuant to section 2203(d) of title 44, United States Code. (B) Exception \nThe term commingled or uncategorized records does not include documentary materials that are— (i) official records of an agency (as defined in section 552(f) of title 5, United States Code); (ii) stocks of publications and stationery; or (iii) extra copies of documents produced only for convenience of reference, when such copies are clearly so identified. (3) Official records of an agency \nThe term official records of an agency means official records of an agency within the meaning of such terms in section 552 of title 5, United States. (b) Presumption as Presidential records \nCommingled or uncategorized records shall be presumed to be Presidential records, unless the President or Vice President— (1) categorizes the commingled or uncategorized records as personal records in accordance with subsection (c); or (2) determines the commingled or uncategorized records are— (A) official records of an agency; (B) stocks of publications and stationery; or (C) extra copies of documents produced only for convenience of reference, when such copies are clearly so identified. (c) Categorizing commingled or uncategorized records as personal records \nAt any time during the President or Vice President’s term of office, the President or Vice President may categorize commingled or uncategorized records as personal records if— (1) the Archivist performs a security review of the commingled or uncategorized records that is reasonably designed to identify records that contain standard markings indicating that records contain classified information; (2) the President obtains written confirmation from the Archivist that the review conducted pursuant to paragraph (1) did not identify any records that contain standard markings indicating that records contain classified information or, if such markings were improperly applied, that such markings have been corrected; and (3) the President obtains written confirmation from the Archivist that the Archivist is not aware of any other requirement that would preclude categorizing the commingled or uncategorized records as personal records. (d) Review of commingled or uncategorized records of former Presidents and Vice Presidents \n(1) Requests for review \nDuring the 180-day period following the end of the term of office of a former President or Vice President— (A) the former President or Vice President may request that the Archivist review the categorization of any commingled or uncategorized records created or received during the term of the former President or Vice President; and (B) the Archivist shall perform a security review of the commingled or uncategorized records pursuant to the request. (2) Actions upon completion of review \nIf, pursuant to a review under paragraph (1), the Archivist determines that any commingled or uncategorized records reviewed are improperly categorized, the Archivist shall— (A) submit to the President a recommendation to correct the categorization of the records; and (B) notify the former President or Vice President of that recommendation.", "id": "id28a9a21d82cf47919e591772471e95d0", "header": "Security review of certain records of the President and Vice President" }, { "text": "732. Mandatory counterintelligence risk assessments \n(a) In general \nSubtitle E of title VIII of the National Security Act of 1947, as added by section 731, is amended by adding at the end the following: 832. Mandatory counterintelligence risk assessments \n(a) Mishandling or unauthorized disclosure of classified information defined \nIn this section, the term mishandling or unauthorized disclosure of classified information means any unauthorized storage, retention, communication, confirmation, acknowledgment, or physical transfer of classified information. (b) Assessments \nThe Director of the National Counterintelligence and Security Center shall prepare a written assessment of the risk to national security from any mishandling or unauthorized disclosure of classified information involving the conduct of the President, Vice President, or an official listed in Level I of the Executive Schedule under section 5312 of title 5, United States Code, within 90 days of the detection of such mishandling or unauthorized disclosure. (c) Description of risks \nA written assessment prepared pursuant to subsection (b) shall describe the risk to national security if the classified information were to be exposed in public or to a foreign adversary. (d) Submittal of assessments \nEach written assessment prepared pursuant to subsection (b) shall be submitted to Congress, in classified form, upon completion.. (b) Prospective application \nSection 832 of such Act, as added by subsection (a), shall apply to incidents of mishandling or unauthorized disclosure of classified information (as defined in such section) detected on or after the date of the enactment of this Act.", "id": "id46132b3f92cb4a1a83d47bbc88868a30", "header": "Mandatory counterintelligence risk assessments" }, { "text": "832. Mandatory counterintelligence risk assessments \n(a) Mishandling or unauthorized disclosure of classified information defined \nIn this section, the term mishandling or unauthorized disclosure of classified information means any unauthorized storage, retention, communication, confirmation, acknowledgment, or physical transfer of classified information. (b) Assessments \nThe Director of the National Counterintelligence and Security Center shall prepare a written assessment of the risk to national security from any mishandling or unauthorized disclosure of classified information involving the conduct of the President, Vice President, or an official listed in Level I of the Executive Schedule under section 5312 of title 5, United States Code, within 90 days of the detection of such mishandling or unauthorized disclosure. (c) Description of risks \nA written assessment prepared pursuant to subsection (b) shall describe the risk to national security if the classified information were to be exposed in public or to a foreign adversary. (d) Submittal of assessments \nEach written assessment prepared pursuant to subsection (b) shall be submitted to Congress, in classified form, upon completion.", "id": "idb3003893eb834b4c8666459c3ef9526c", "header": "Mandatory counterintelligence risk assessments" }, { "text": "733. Minimum standards for Executive agency insider threat programs \n(a) Definitions \nIn this section, the terms agency and classified information have the meanings given such terms in section 800 of the National Security Act of 1947, as added by section 702 of this subtitle. (b) Establishment of insider threat programs \nEach head of an agency with access to classified information shall establish an insider threat program to protect classified information from unauthorized disclosure. (c) Minimum standards \nIn carrying out an insider threat program established by the head of an agency pursuant to subsection (b), the head of the agency shall— (1) designate a senior official of the agency who shall be responsible for management of the program; (2) monitor user activity on all classified networks in order to detect activity indicative of insider threat behavior; (3) build and maintain an insider threat analytic and response capability to review, assess, and respond to information obtained pursuant to paragraph (2); and (4) provide insider threat awareness training to all cleared employees within 30 days of entry on duty or granting of access to classified information and annually thereafter. (d) Annual reports \nNot less frequently that once each year, the Director of National Intelligence shall, serving as the Security Executive Agent under section 803 of the National Security Act of 1947 ( 50 U.S.C. 3162a ), submit to Congress an annual report on the compliance of agencies with respect to the requirements of this section.", "id": "id516dfee8cdc24bad9a7f2e8b9f30a35e", "header": "Minimum standards for Executive agency insider threat programs" }, { "text": "741. Prohibitions \n(a) Withholding information from congress \nNothing in this subtitle or an amendment made by this subtitle shall be construed to authorize the withholding of information from Congress. (b) Judicial review \nExcept in the case of the amendment to section 552 of title 5, United States Code, made by section 721(b), no person may seek or obtain judicial review of any provision of this subtitle or any action taken under a provision of this subtitle.", "id": "ID6D0A8C32845A4D3E93E20F9DBB38C4B4", "header": "Prohibitions" }, { "text": "742. Conforming amendment \nSection 804 of the National Security Act of 1947 ( 50 U.S.C. 3163 ) is amended by striking this title and inserting sections 801 and 802.", "id": "id7530b718f4054a2db76d9d11b52f0455", "header": "Conforming amendment" }, { "text": "743. Clerical amendment \nThe table of contents for the National Security Act of 1947 is amended by striking the items relating to title VIII and inserting the following: Title VIII—Protection of national security information Subtitle A—Definitions Sec. 800. Definitions. Subtitle B—Access to classified information procedures Sec. 801. Procedures. Sec. 802. Requests by authorized investigative agencies. Sec. 803. Security Executive Agent. Sec. 804. Exceptions. Subtitle C—Security classification governance Sec. 811. Executive Agent for Classification and Declassification. Sec. 812. Executive Committee on Classification and Declassification Programs and Technology. Sec. 813. Advisory bodies for Executive Agent for Classification and Declassification. Sec. 814. Information Security Oversight Office. Subtitle D—Classification and declassification Sec. 821. Classification and declassification of information. Sec. 822. Declassification working capital funds. Subtitle E—Protection of classified information Sec. 831. Security review of certain records of the President and Vice President. Sec. 832. Mandatory counterintelligence risk assessments..", "id": "id94802c77388e4d39993f31203933de24", "header": "Clerical amendment" }, { "text": "751. Short title \nThis subtitle may be cited as the Sensible Classification Act of 2023.", "id": "S1", "header": "Short title" }, { "text": "752. Definitions \nIn this subtitle: (1) Agency \nThe term agency has the meaning given the term Executive agency in section 105 of title 5, United States Code. (2) Classification \nThe term classification means the act or process by which information is determined to be classified information. (3) Classified information \nThe term classified information means information that has been determined pursuant to Executive Order 12958 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order, to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. (4) Declassification \nThe term declassification means the authorized change in the status of information from classified information to unclassified information. (5) Document \nThe term document means any recorded information, regardless of the nature of the medium or the method or circumstances of recording. (6) Downgrade \nThe term downgrade means a determination by a declassification authority that information classified and safeguarded at a specified level shall be classified and safeguarded at a lower level. (7) Information \nThe term information means any knowledge that can be communicated or documentary material, regardless of its physical form or characteristics, that is owned by, is produced by or for, or is under the control of the United States Government. (8) Originate, originating, and originated \nThe term originate , originating , and originated , with respect to classified information and an authority, means the authority that classified the information in the first instance. (9) Records \nThe term records means the records of an agency and Presidential papers or Presidential records, as those terms are defined in title 44, United States Code, including those created or maintained by a government contractor, licensee, certificate holder, or grantee that are subject to the sponsoring agency’s control under the terms of the contract, license, certificate, or grant. (10) Security clearance \nThe term security clearance means an authorization to access classified information. (11) Unauthorized disclosure \nThe term unauthorized disclosure means a communication or physical transfer of classified information to an unauthorized recipient. (12) Unclassified information \nThe term unclassified information means information that is not classified information.", "id": "id19938d316720408e9a18a8be90da10b1", "header": "Definitions" }, { "text": "753. Findings and sense of the Senate \n(a) Findings \nThe Senate makes the following findings: (1) According to a report released by the Office of the Director of Intelligence in 2020 titled Fiscal Year 2019 Annual Report on Security Clearance Determinations , more than 4,000,000 individuals have been granted eligibility for a security clearance. (2) At least 1,300,000 of such individuals have been granted access to information classified at the Top Secret level. (b) Sense of the Senate \nIt is the sense of the Senate that— (1) the classification system of the Federal Government is in urgent need of reform; (2) the number of people with access to classified information is exceedingly high and must be justified or reduced; (3) reforms are necessary to reestablish trust between the Federal Government and the people of the United States; and (4) classification should be limited to the minimum necessary to protect national security while balancing the public’s interest in disclosure.", "id": "idbc2c5b8d39c140e19d959ed8a57dabb8", "header": "Findings and sense of the Senate" }, { "text": "754. Classification authority \n(a) In general \nThe authority to classify information originally may be exercised only by— (1) the President and, in the performance of executive duties, the Vice President; (2) the head of an agency or an official of any agency authorized by the President pursuant to a designation of such authority in the Federal Register; and (3) an official of the Federal Government to whom authority to classify information originally has been delegated pursuant to subsection (c). (b) Scope of authority \nAn individual authorized by this section to classify information originally at a specified level may also classify the information originally at a lower level. (c) Delegation of original classification authority \nAn official of the Federal Government may be delegated original classification authority subject to the following: (1) Delegation of original classification authority shall be limited to the minimum required to administer this section. Agency heads shall be responsible for ensuring that designated subordinate officials have a demonstrable and continuing need to exercise this authority. (2) Authority to originally classify information at the level designated as Top Secret may be delegated only by the President, in the performance of executive duties, the Vice President, or an agency head or official designated pursuant to subsection (a)(2). (3) Authority to originally classify information at the level designated as Secret or Confidential may be delegated only by the President, in the performance of executive duties, the Vice President, or an agency head or official designated pursuant to subsection (a)(2), or the senior agency official described in section 5.4(d) of Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order, provided that official has been delegated Top Secret original classification authority by the agency head. (4) Each delegation of original classification authority shall be in writing and the authority shall not be redelegated except as provided by paragraphs (1), (2), and (3). Each delegation shall identify the official by name or position title. (d) Training required \n(1) In general \nAn individual may not be delegated original classification authority under this section unless the individual has first received training described in paragraph (2). (2) Training described \nTraining described in this paragraph is training on original classification that includes instruction on the proper safeguarding of classified information and of the criminal, civil, and administrative sanctions that may be brought against an individual who fails to protect classified information from unauthorized disclosure. (e) Exceptional cases \n(1) In general \nWhen an employee, contractor, licensee, certificate holder, or grantee of an agency who does not have original classification authority originates information believed by that employee, contractor, licensee, certificate holder, or grantee to require classification, the information shall be protected in a manner consistent with Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order. (2) Transmittal \nAn employee, contractor, licensee, certificate holder, or grantee described in paragraph (1), who originates information described in such paragraph, shall promptly transmit such information to— (A) the agency that has appropriate subject matter interest and classification authority with respect to this information; or (B) if it is not clear which agency has appropriate subject matter interest and classification authority with respect to the information, the Director of the Information Security Oversight Office. (3) Agency decisions \nAn agency that receives information pursuant to paragraph (2)(A) or (4) shall decide within 30 days whether to classify this information. (4) Information Security Oversight Office action \nIf the Director of the Information Security Oversight Office receives information under paragraph (2)(B), the Director shall determine the agency having appropriate subject matter interest and classification authority and forward the information, with appropriate recommendations, to that agency for a classification determination.", "id": "idae7d97c6bf024c85bc00d7a8fc6d335a", "header": "Classification authority" }, { "text": "755. Promoting efficient declassification review \n(a) In general \nWhenever an agency is processing a request pursuant to section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ) or the mandatory declassification review provisions of Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order, and identifies responsive classified records that are more than 25 years of age as of December 31 of the year in which the request is received, the head of the agency shall review the record and process the record for declassification and release by the National Declassification Center of the National Archives and Records Administration. (b) Application \nSubsection (a) shall apply— (1) regardless of whether or not the record described in such subsection is in the legal custody of the National Archives and Records Administration; and (2) without regard for any other provisions of law or existing agreements or practices between agencies.", "id": "idea38b47c2787480f8eb9fd8751394a16", "header": "Promoting efficient declassification review" }, { "text": "756. Training to promote sensible classification \n(a) Definitions \nIn this section: (1) Over-classification \nThe term over-classification means classification at a level that exceeds the minimum level of classification that is sufficient to protect the national security of the United States. (2) Sensible classification \nThe term sensible classification means classification at a level that is the minimum level of classification that is sufficient to protect the national security of the United States. (b) Training required \nEach head of an agency with classification authority shall conduct training for employees of the agency with classification authority to discourage over-classification and to promote sensible classification.", "id": "idcb829b935c634f27b2e98f02e4b18ce3", "header": "Training to promote sensible classification" }, { "text": "757. Improvements to Public Interest Declassification Board \nSection 703 of the Public Interest Declassification Act of 2000 ( 50 U.S.C. 3355a ) is amended— (1) in subsection (c), by adding at the end the following: (5) A member of the Board whose term has expired may continue to serve until a successor is appointed and sworn in. ; and (2) in subsection (f)— (A) by inserting (1) before Any employee ; and (B) by adding at the end the following: (2) (A) In addition to any employees detailed to the Board under paragraph (1), the Board may hire not more than 12 staff members. (B) There are authorized to be appropriated to carry out subparagraph (A) such sums as are necessary for fiscal year 2024 and each fiscal year thereafter..", "id": "idc1b3f312bf99491ba471910a80a76cce", "header": "Improvements to Public Interest Declassification Board" }, { "text": "758. Implementation of technology for classification and declassification \n(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Administrator of the Office of Electronic Government (in this section referred to as the Administrator ) shall, in consultation with the Secretary of Defense, the Director of the Central Intelligence Agency, the Director of National Intelligence, the Public Interest Declassification Board, the Director of the Information Security Oversight Office, and the head of the National Declassification Center of the National Archives and Records Administration— (1) research a technology-based solution— (A) utilizing machine learning and artificial intelligence to support efficient and effective systems for classification and declassification; and (B) to be implemented on an interoperable and federated basis across the Federal Government; and (2) submit to the President a recommendation regarding a technology-based solution described in paragraph (1) that should be adopted by the Federal Government. (b) Staff \nThe Administrator may hire sufficient staff to carry out subsection (a). (c) Report \nNot later than 540 days after the date of the enactment of this Act, the President shall submit to Congress a classified report on the technology-based solution recommended by the Administrator under subsection (a)(2) and the President’s decision regarding its adoption.", "id": "idd641fdfa0ed943d898eac95ecaba7fdd", "header": "Implementation of technology for classification and declassification" }, { "text": "759. Studies and recommendations on necessity of security clearances \n(a) Agency studies on necessity of security clearances \n(1) Studies required \nThe head of each agency that grants security clearances to personnel of such agency shall conduct a study on the necessity of such clearances. (2) Reports required \n(A) In general \nNot later than 1 year after the date of the enactment of this Act, each head of an agency that conducts a study under paragraph (1) shall submit to Congress a report on the findings of the agency head with respect to such study, which the agency head may classify as appropriate. (B) Required elements \nEach report submitted by the head of an agency under subparagraph (A) shall include, for such agency, the following: (i) The number of personnel eligible for access to information up to the Top Secret level. (ii) The number of personnel eligible for access to information up to the Secret level. (iii) Information on any reduction in the number of personnel eligible for access to classified information based on the study conducted under paragraph (1). (iv) A description of how the agency head will ensure that the number of security clearances granted by such agency will be kept to the minimum required for the conduct of agency functions, commensurate with the size, needs, and mission of the agency. (3) Industry \nThis subsection shall apply to the Secretary of Defense in the Secretary's capacity as the Executive Agent for the National Industrial Security Program, and the Secretary shall treat contractors, licensees, and grantees as personnel of the Department of Defense for purposes of the studies and reports required by this subsection. (b) Director of National Intelligence review of sensitive compartmented information \nThe Director of National Intelligence shall— (1) review the number of personnel eligible for access to sensitive compartmented information; and (2) submit to Congress a report on how the Director will ensure that the number of such personnel is limited to the minimum required. (c) Agency review of special access programs \nEach head of an agency who is authorized to establish a special access program by Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order, shall— (1) review the number of personnel of the agency eligible for access to such special access programs; and (2) submit to Congress a report on how the agency head will ensure that the number of such personnel is limited to the minimum required. (d) Secretary of Energy review of Q and L clearances \nThe Secretary of Energy shall— (1) review the number of personnel of the Department of Energy granted Q and L access; and (2) submit to Congress a report on how the Secretary will ensure that the number of such personnel is limited to the minimum required (e) Independent reviews \nNot later than 180 days after the date on which a study is completed under subsection (a) or a review is completed under subsections (b) through (d), the Director of the Information Security Oversight Office of the National Archives and Records Administration, the Director of National Intelligence, and the Public Interest Declassification Board shall each review the study or review, as the case may be.", "id": "ida12b50b45d6546349a0ebd4157b32fd4", "header": "Studies and recommendations on necessity of security clearances" }, { "text": "801. Review of shared information technology services for personnel vetting \nNot later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a review of the extent to which the intelligence community can use information technology services shared among the intelligence community for purposes of personnel vetting, including with respect to human resources, suitability, and security.", "id": "id6E167128884543969F22E2852B0F7A21", "header": "Review of shared information technology services for personnel vetting" }, { "text": "802. Timeliness standard for rendering determinations of trust for personnel vetting \n(a) Timeliness standard \n(1) In general \nThe President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent, establish and publish in the Federal Register new timeliness performance standards for processing personnel vetting trust determinations in accordance with the Federal personnel vetting performance management standards. (2) Quinquennial reviews \nNot less frequently than once every 5 years, the President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent— (A) review the standards established pursuant to paragraph (1); and (B) pursuant to such review— (i) update such standards as the President considers appropriate; and (ii) publish in the Federal Register such updates as may be made pursuant to clause (i). (3) Conforming amendment \nSection 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 ) is amended by striking subsection (g). (b) Quarterly reports on implementation \n(1) In general \nNot less frequently than quarterly, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly make available to the public a quarterly report on the compliance of Executive agencies (as defined in section 105 of title 5, United States Code) with the standards established pursuant to subsection (a). (2) Disaggregation \nEach report made available pursuant to paragraph (1) shall disaggregate data by appropriate category of personnel risk and between Government and contractor personnel. (c) Complementary standards for intelligence community \nThe Director of National Intelligence may, in consultation with the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to Executive Order 13467 ( 50 U.S.C. 3161 note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information) establish for the intelligence community standards complementary to those established pursuant to subsection (a).", "id": "ida182c6d4baf04501abf387c5a9bb8ef1", "header": "Timeliness standard for rendering determinations of trust for personnel vetting" }, { "text": "803. Annual report on personnel vetting trust determinations \n(a) Definition of personnel vetting trust determination \nIn this section, the term personnel vetting trust determination means any determination made by an executive branch agency as to whether an individual can be trusted to perform job functions or to be granted access necessary for a position. (b) Annual report \nNot later than March 30, 2024, and annually thereafter for 5 years, the Director of National Intelligence, acting as the Security Executive Agent, and the Director of the Office of Personnel Management, acting as the Suitability and Credentialing Executive Agent, in coordination with the Security, Suitability, and Credentialing Performance Accountability Council, shall jointly make available to the public a report on specific types of personnel vetting trust determinations made during the fiscal year preceding the fiscal year in which the report is made available, disaggregated by the following: (1) Determinations of eligibility for national security-sensitive positions, separately noting— (A) the number of individuals granted access to national security information; and (B) the number of individuals determined to be eligible for but not granted access to national security information. (2) Determinations of suitability or fitness for a public trust position. (3) Status as a Government employee, a contractor employee, or other category. (c) Elimination of report requirement \nSection 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 ) is amended by striking subsection (h).", "id": "idC283AD7F31BE4EBDAA35B3ABE1334AE8", "header": "Annual report on personnel vetting trust determinations" }, { "text": "804. Survey to assess strengths and weaknesses of Trusted Workforce 2.0 \nNot later than 1 year after the date of the enactment of this Act, and once every 2 years thereafter until 2029, the Comptroller General of the United States shall administer a survey to such sample of Federal agencies, Federal contractors, and other persons that require security clearances to access classified information as the Comptroller General considers appropriate to assess— (1) the strengths and weaknesses of the implementation of the Trusted Workforce 2.0 initiative; and (2) the effectiveness of vetting Federal personnel while managing risk during the onboarding of such personnel.", "id": "id9f3048b4cd4c4378a68d17ca340c46a2", "header": "Survey to assess strengths and weaknesses of Trusted Workforce 2.0" }, { "text": "805. Prohibition on denial of eligibility for access to classified information solely because of past use of cannabis \n(a) Definitions \nIn this section: (1) Cannabis \nThe term cannabis has the meaning given the term marihuana in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (2) Eligibility for access to classified information \nThe term eligibility for access to classified information has the meaning given the term in the procedures established pursuant to section 801(a) of the National Security Act of 1947 ( 50 U.S.C. 3161(a) ). (b) Prohibition \nNotwithstanding any other provision of law, the head of an element of the intelligence community may not make a determination to deny eligibility for access to classified information to an individual based solely on the use of cannabis by the individual prior to the submission of the application for a security clearance by the individual.", "id": "ide831775ecb3349049a87883479d616f9", "header": "Prohibition on denial of eligibility for access to classified information solely because of past use of cannabis" }, { "text": "901. Improved funding flexibility for payments made by the Central Intelligence Agency for qualifying injuries to the brain \nSection 19A(d) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(d) ) is amended by striking paragraph (3) and inserting the following new paragraph: (3) Funding \n(A) In general \nPayment under paragraph (2) in a fiscal year may be made using any funds— (i) appropriated in advance specifically for payments under such paragraph; or (ii) reprogrammed in accordance with section 504 of the National Security Act of 1947 ( 50 U.S.C. 3094 ). (B) Budget \nFor each fiscal year, the Director shall include with the budget justification materials submitted to Congress in support of the budget of the President for that fiscal year pursuant to section 1105(a) of title 31, United States Code, an estimate of the funds required in that fiscal year to make payments under paragraph (2)..", "id": "id06a85d37bde94cf6a989348e1e35bfa9", "header": "Improved funding flexibility for payments made by the Central Intelligence Agency for qualifying injuries to the brain" }, { "text": "902. Clarification of requirements to seek certain benefits relating to injuries to the brain \n(a) In general \nSection 19A(d) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(d) ) is amended by adding at the end of paragraph (5) the following new sentence: A covered dependent, covered employee, or covered individual shall not be required to seek any other benefit furnished by the United States Government to be eligible for the payment authorized under paragraph (2).. (b) Regulations \nNot later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall— (1) revise the regulations of the Expanded Care Program of the Central Intelligence Agency to conform with the amendment made by subsection (a); and (2) submit to the congressional intelligence committees copies of such regulations, as revised pursuant to paragraph (1).", "id": "idd9b03e53043d4973af7c34049b9a2f06", "header": "Clarification of requirements to seek certain benefits relating to injuries to the brain" }, { "text": "903. Intelligence community implementation of HAVANA Act of 2021 authorities \n(a) Regulations \nExcept as provided in subsection (c), not later than 180 days after the date of the enactment of this Act, each head of an element of the intelligence community that has not already done so shall— (1) issue regulations and procedures to implement the authorities provided by section 19A(d) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(d) ) and section 901(i) of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b(i) ) to provide payments under such sections, to the degree that such authorities are applicable to the head of the element; and (2) submit to the congressional intelligence committees copies of such regulations. (b) Reporting \nNot later than 210 days after the date of the enactment of this Act, each head of an element of the intelligence community shall submit to the congressional intelligence committees a report on— (1) the estimated number of individuals associated with their element that may be eligible for payment under the authorities described in subsection (a)(1); (2) an estimate of the obligation that the head of the intelligence community element expects to incur in fiscal year 2025 as a result of establishing the regulations pursuant to subsection (a)(1); and (3) any perceived barriers or concerns in implementing such authorities. (c) Alternative reporting \nNot later than 180 days after the date of the enactment of this Act, each head of an element of the intelligence community (other than the Director of the Central Intelligence Agency) who believes that the authorities described in subsection (a)(1) are not currently relevant for individuals associated with their element, or who are not otherwise in position to issue the regulations and procedures required by subsection (a)(1) shall provide written and detailed justification to the congressional intelligence committees to explain this position.", "id": "id3c2996111e9f413bb006aa4fb4ce5966", "header": "Intelligence community implementation of HAVANA Act of 2021 authorities" }, { "text": "904. Report and briefing on Central Intelligence Agency handling of anomalous health incidents \n(a) Definitions \nIn this section: (1) Agency \nThe term Agency means the Central Intelligence Agency. (2) Qualifying injury \nThe term qualifying injury has the meaning given such term in section 19A(d)(1) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(d)(1) ). (b) In general \nNot later than 60 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall submit to the congressional intelligence committees a report on the handling of anomalous health incidents by the Agency. (c) Contents \nThe report required by subsection (b) shall include the following: (1) HAVANA Act implementation \n(A) An explanation of how the Agency determines whether a reported anomalous health incident resulted in a qualifying injury or a qualifying injury to the brain. (B) The number of participants of the Expanded Care Program of the Central Intelligence Agency who— (i) have a certified qualifying injury or a certified qualifying injury to the brain; and (ii) as of September 30, 2023, applied to the Expanded Care Program due to a reported anomalous health incident. (C) A comparison of the number of anomalous health incidents reported by applicants to the Expanded Care Program that occurred in the United States and that occurred in a foreign country. (D) The specific reason each applicant was approved or denied for payment under the Expanded Care Program. (E) The number of applicants who were initially denied payment but were later approved on appeal. (F) The average length of time, from the time of application, for an applicant to receive a determination from the Expanded Care Program, aggregated by qualifying injuries and qualifying injuries to the brain. (2) Priority cases \n(A) A detailed list of priority cases of anomalous health incidents, including, for each incident, locations, dates, times, and circumstances. (B) For each priority case listed in accordance with subparagraph (A), a detailed explanation of each credible alternative explanation that the Agency assigned to the incident, including— (i) how the incident was discovered; (ii) how the incident was assigned within the Agency; and (iii) whether an individual affected by the incident is provided an opportunity to appeal the credible alternative explanation. (C) For each priority case of an anomalous health incident determined to be largely consistent with the definition of anomalous health incident established by the National Academy of Sciences and for which the Agency does not have a credible alternative explanation, a detailed description of such case. (3) Anomalous health incident sensors \n(A) A list of all types of sensors that the Agency has developed or deployed with respect to reports of anomalous health incidents, including, for each type of sensor, the deployment location, the date and the duration of the employment of such type of sensor, and, if applicable, the reason for removal. (B) A list of entities to which the Agency has provided unrestricted access to data associated with anomalous health incidents. (C) A list of requests for support the Agency has received from elements of the Federal Government regarding sensor development, testing, or deployment, and a description of the support provided in each case. (D) A description of all emitter signatures obtained by sensors associated with anomalous health incidents in Agency holdings since 2016, including— (i) the identification of any of such emitters that the Agency prioritizes as a threat; and (ii) an explanation of such prioritization. (d) Additional submissions \nConcurrent with the submission of the report required by subsection (b), the Director of the Central Intelligence Agency shall submit to the congressional intelligence committees— (1) a template of each form required to apply for the Expanded Care Program, including with respect to payments for a qualifying injury or a qualifying injury to the brain; (2) copies of internal guidance used by the Agency to adjudicate claims for the Expanded Care Program, including with respect to payments for a qualifying injury to the brain; (3) the case file of each applicant to the Expanded Care Program who applied due to a reported anomalous health incident, including supporting medical documentation, with name and other identifying information redacted; (4) copies of all informational and instructional materials provided to employees of and other individuals affiliated with the Agency with respect to applying for the Expanded Care Program; and (5) copies of Agency guidance provided to employees of and other individuals affiliated with the Agency with respect to reporting and responding to a suspected anomalous health incident, and the roles and responsibilities of each element of the Agency tasked with responding to a report of an anomalous health incident. (e) Briefing \nNot later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall brief the congressional intelligence committees on the report.", "id": "idb0abbbc2a602429996097a96c8d2cafb", "header": "Report and briefing on Central Intelligence Agency handling of anomalous health incidents" }, { "text": "1001. Strengthening Election Cybersecurity to Uphold Respect for Elections through Independent Testing Act of 2023 \n(a) Short title \nThis section may be cited as the Strengthening Election Cybersecurity to Uphold Respect for Elections through Independent Testing Act of 2023 or the SECURE IT Act of 2023. (b) Requiring penetration testing as part of the testing and certification of voting systems \nSection 231 of the Help America Vote Act of 2002 ( 52 U.S.C. 20971 ) is amended by adding at the end the following new subsection: (e) Required penetration testing \n(1) In general \nNot later than 180 days after the date of the enactment of this subsection, the Commission shall provide for the conduct of penetration testing as part of the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories under this section. (2) Accreditation \nThe Director of the National Institute of Standards and Technology shall recommend to the Commission entities the Director proposes be accredited to carry out penetration testing under this subsection and certify compliance with the penetration testing-related guidelines required by this subsection. The Commission shall vote on the accreditation of any entity recommended. The requirements for such accreditation shall be a subset of the requirements for accreditation of laboratories under subsection (b) and shall only be based on consideration of an entity's competence to conduct penetration testing under this subsection.. (c) Independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems \n(1) In general \nSubtitle D of title II of the Help America Vote Act of 2002 ( 42 U.S.C. 15401 et seq. ) is amended by adding at the end the following new part: 7 Independent security testing and coordinated cybersecurity vulnerability disclosure pilot program for election systems \n297. Independent security testing and coordinated cybersecurity vulnerability disclosure pilot program for election systems \n(a) In general \n(1) Establishment \nThe Commission, in consultation with the Secretary, shall establish an Independent Security Testing and Coordinated Vulnerability Disclosure Pilot Program for Election Systems (VDP–E) (in this section referred to as the program ) in order to test for and disclose cybersecurity vulnerabilities in election systems. (2) Duration \nThe program shall be conducted for a period of 5 years. (3) Requirements \nIn carrying out the program, the Commission, in consultation with the Secretary, shall— (A) establish a mechanism by which an election systems vendor may make their election system (including voting machines and source code) available to cybersecurity researchers participating in the program; (B) provide for the vetting of cybersecurity researchers prior to their participation in the program, including the conduct of background checks; (C) establish terms of participation that— (i) describe the scope of testing permitted under the program; (ii) require researchers to— (I) notify the vendor, the Commission, and the Secretary of any cybersecurity vulnerability they identify with respect to an election system; and (II) otherwise keep such vulnerability confidential for 180 days after such notification; (iii) require the good-faith participation of all participants in the program; (iv) require an election system vendor, after receiving notification of a critical or high vulnerability (as defined by the National Institute of Standards and Technology) in an election system of the vendor, to— (I) send a patch or propound some other fix or mitigation for such vulnerability to the appropriate State and local election officials, in consultation with the researcher who discovered it; and (II) notify the Commission and the Secretary that such patch has been sent to such officials; (D) in the case where a patch or fix to address a vulnerability disclosed under subparagraph (C)(ii)(I) is intended to be applied to a system certified by the Commission, provide— (i) for the expedited review of such patch or fix within 90 days after receipt by the Commission; and (ii) if such review is not completed by the last day of such 90-day period, that such patch or fix shall be deemed to be certified by the Commission; and (E) 180 days after the disclosure of a vulnerability under subparagraph (C)(ii)(I), notify the Director of the Cybersecurity and Infrastructure Security Agency of the vulnerability for inclusion in the database of Common Vulnerabilities and Exposures. (4) Voluntary participation; safe harbor \n(A) Voluntary participation \nParticipation in the program shall be voluntary for election systems vendors and researchers. (B) Safe harbor \nWhen conducting research under this program, such research and subsequent publication shall be considered to be: (i) Authorized in accordance with section 1030 of title 18, United States Code (commonly known as the Computer Fraud and Abuse Act ), (and similar state laws), and the election system vendor will not initiate or support legal action against the researcher for accidental, good-faith violations of the program. (ii) Exempt from the anti-circumvention rule of section 1201 of title 17, United States Code (commonly known as the Digital Millennium Copyright Act ), and the election system vendor will not bring a claim against a researcher for circumvention of technology controls. (C) Rule of construction \nNothing in this paragraph may be construed to limit or otherwise affect any exception to the general prohibition against the circumvention of technological measures under subparagraph (A) of section 1201(a)(1) of title 17, United States Code, including with respect to any use that is excepted from that general prohibition by the Librarian of Congress under subparagraphs (B) through (D) of such section 1201(a)(1). (5) Exempt from disclosure \nCybersecurity vulnerabilities discovered under the program shall be exempt from section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ). (6) Definitions \nIn this subsection: (A) Cybersecurity vulnerability \nThe term cybersecurity vulnerability means, with respect to an election system, any security vulnerability that affects the election system. (B) Election infrastructure \nThe term election infrastructure means— (i) storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office; and (ii) related information and communications technology, including— (I) voter registration databases; (II) election management systems; (III) voting machines; (IV) 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 (V) other systems used to manage the election process and to report and display election results on behalf of an election agency. (C) Election system \nThe term election system means any information system that is part of an election infrastructure, including any related information and communications technology described in subparagraph (B)(ii). (D) Election system vendor \nThe term election system vendor means any person providing, supporting, or maintaining an election system on behalf of a State or local election official. (E) Information system \nThe term information system has the meaning given the term in section 3502 of title 44, United States Code. (F) Secretary \nThe term Secretary means the Secretary of Homeland Security. (G) 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 ).. (2) Clerical amendment \nThe table of contents of such Act is amended by adding at the end of the items relating to subtitle D of title II the following: PART 7—Independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems Sec. 297. Independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems..", "id": "idfad93d6c347544e698aee9a4a8769a2a", "header": "Strengthening Election Cybersecurity to Uphold Respect for Elections through Independent Testing Act of 2023" }, { "text": "297. Independent security testing and coordinated cybersecurity vulnerability disclosure pilot program for election systems \n(a) In general \n(1) Establishment \nThe Commission, in consultation with the Secretary, shall establish an Independent Security Testing and Coordinated Vulnerability Disclosure Pilot Program for Election Systems (VDP–E) (in this section referred to as the program ) in order to test for and disclose cybersecurity vulnerabilities in election systems. (2) Duration \nThe program shall be conducted for a period of 5 years. (3) Requirements \nIn carrying out the program, the Commission, in consultation with the Secretary, shall— (A) establish a mechanism by which an election systems vendor may make their election system (including voting machines and source code) available to cybersecurity researchers participating in the program; (B) provide for the vetting of cybersecurity researchers prior to their participation in the program, including the conduct of background checks; (C) establish terms of participation that— (i) describe the scope of testing permitted under the program; (ii) require researchers to— (I) notify the vendor, the Commission, and the Secretary of any cybersecurity vulnerability they identify with respect to an election system; and (II) otherwise keep such vulnerability confidential for 180 days after such notification; (iii) require the good-faith participation of all participants in the program; (iv) require an election system vendor, after receiving notification of a critical or high vulnerability (as defined by the National Institute of Standards and Technology) in an election system of the vendor, to— (I) send a patch or propound some other fix or mitigation for such vulnerability to the appropriate State and local election officials, in consultation with the researcher who discovered it; and (II) notify the Commission and the Secretary that such patch has been sent to such officials; (D) in the case where a patch or fix to address a vulnerability disclosed under subparagraph (C)(ii)(I) is intended to be applied to a system certified by the Commission, provide— (i) for the expedited review of such patch or fix within 90 days after receipt by the Commission; and (ii) if such review is not completed by the last day of such 90-day period, that such patch or fix shall be deemed to be certified by the Commission; and (E) 180 days after the disclosure of a vulnerability under subparagraph (C)(ii)(I), notify the Director of the Cybersecurity and Infrastructure Security Agency of the vulnerability for inclusion in the database of Common Vulnerabilities and Exposures. (4) Voluntary participation; safe harbor \n(A) Voluntary participation \nParticipation in the program shall be voluntary for election systems vendors and researchers. (B) Safe harbor \nWhen conducting research under this program, such research and subsequent publication shall be considered to be: (i) Authorized in accordance with section 1030 of title 18, United States Code (commonly known as the Computer Fraud and Abuse Act ), (and similar state laws), and the election system vendor will not initiate or support legal action against the researcher for accidental, good-faith violations of the program. (ii) Exempt from the anti-circumvention rule of section 1201 of title 17, United States Code (commonly known as the Digital Millennium Copyright Act ), and the election system vendor will not bring a claim against a researcher for circumvention of technology controls. (C) Rule of construction \nNothing in this paragraph may be construed to limit or otherwise affect any exception to the general prohibition against the circumvention of technological measures under subparagraph (A) of section 1201(a)(1) of title 17, United States Code, including with respect to any use that is excepted from that general prohibition by the Librarian of Congress under subparagraphs (B) through (D) of such section 1201(a)(1). (5) Exempt from disclosure \nCybersecurity vulnerabilities discovered under the program shall be exempt from section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ). (6) Definitions \nIn this subsection: (A) Cybersecurity vulnerability \nThe term cybersecurity vulnerability means, with respect to an election system, any security vulnerability that affects the election system. (B) Election infrastructure \nThe term election infrastructure means— (i) storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office; and (ii) related information and communications technology, including— (I) voter registration databases; (II) election management systems; (III) voting machines; (IV) 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 (V) other systems used to manage the election process and to report and display election results on behalf of an election agency. (C) Election system \nThe term election system means any information system that is part of an election infrastructure, including any related information and communications technology described in subparagraph (B)(ii). (D) Election system vendor \nThe term election system vendor means any person providing, supporting, or maintaining an election system on behalf of a State or local election official. (E) Information system \nThe term information system has the meaning given the term in section 3502 of title 44, United States Code. (F) Secretary \nThe term Secretary means the Secretary of Homeland Security. (G) 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 ).", "id": "idE46BC6059C754CB097A417EFC1C429C0", "header": "Independent security testing and coordinated cybersecurity vulnerability disclosure pilot program for election systems" }, { "text": "1002. Protecting Ballot Measures from Foreign Influence Act of 2023 \n(a) Short title \nThis section may be cited as the Protecting Ballot Measures from Foreign Influence Act of 2023. (b) In general \nSection 319(a)(1)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1)(A) ) is amended by inserting “, or a State or local ballot initiative or ballot referendum” after election. (c) Effective date \nThe amendment made by subsection (b) shall apply with respect to contributions and donations made on or after the date of enactment of this Act.", "id": "id644653E7DB9C4EE69250DEA8A5A78E9B", "header": "Protecting Ballot Measures from Foreign Influence Act of 2023" }, { "text": "1101. Modification of reporting requirement for All-domain Anomaly Resolution Office \nSection 1683(k)(1) of the National Defense Authorization Act for Fiscal Year 2022 ( 50 U.S.C. 3373(k)(1) ), as amended by section 6802(a) of the Intelligence Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ), is amended— (1) in the heading, by striking Director of National Intelligence and Secretary of Defense and inserting All-domain Anomaly Resolution Office ; and (2) in subparagraph (A), by striking Director of National Intelligence and the Secretary of Defense shall jointly and inserting Director of the Office shall.", "id": "iddfa8067259cd43fd85e9089bb6672df0", "header": "Modification of reporting requirement for All-domain Anomaly Resolution Office" }, { "text": "1102. Modifications to notification on the provision of defense sensitive support \n(a) Modification of when notification is required \nParagraph (3) of section 1055(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 113 note) is amended— (1) in the paragraph heading, by inserting and extraordinary security protections after support ; (2) in the matter preceding subparagraph (A), by inserting or requires extraordinary security protections after time-sensitive ; (3) in subparagraph (A), by inserting or after the activity supported concludes after providing the support ; and (4) in subparagraph (B)— (A) by inserting or after the activity supported concludes after providing such support ; and (B) by inserting or after the activity supported concludes after providing the support. (b) Exemption \nSuch section is amended by adding at the end the following: (6) Exemption \nThe requirements of this subsection shall not apply to the provision of defense sensitive support for travel of the following: (A) The Director of National Intelligence. (B) The Principal Deputy Director of National Intelligence. (C) The Director of the Central Intelligence Agency. (D) The Deputy Director of the Central Intelligence Agency..", "id": "id2348f79586a44859ae43a36e6fb2f80c", "header": "Modifications to notification on the provision of defense sensitive support" }, { "text": "1103. Modification of congressional oversight of special access programs \nSection 3236 of the National Nuclear Security Administration Act ( 50 U.S.C. 2426 ) is amended— (1) by striking congressional defense committees each place it appears and inserting appropriate congressional committees ; and (2) by adding at the end the following subsection: (g) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the congressional defense committees; (2) the Select Committee on Intelligence of the Senate; and (3) the Permanent Select Committee on Intelligence of the House of Representatives..", "id": "idFAEDD3EC0A3C4E58BD581F2D1ADB2FF2", "header": "Modification of congressional oversight of special access programs" }, { "text": "1104. Funding limitations relating to unidentified anomalous phenomena \n(a) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (B) the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. (2) Congressional leadership \nThe term congressional leadership means— (A) the majority leader of the Senate; (B) the minority leader of the Senate; (C) the Speaker of the House of Representatives; and (D) the minority leader of the House of Representatives. (3) Director \nThe term Director means the Director of the All-domain Anomaly Resolution Office. (4) Unidentified anomalous phenomena \nThe term unidentified anomalous phenomena has the meaning given such term in section 1683(n) of the National Defense Authorization Act for Fiscal Year 2022 ( 50 U.S.C. 3373(n) ), as amended by section 6802(a) of the Intelligence Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ). (b) Sense of Congress \nIt is the sense of Congress that, due to the increasing potential for technology surprise from foreign adversaries and to ensure sufficient integration across the United States industrial base and avoid technology and security stovepipes— (1) the United States industrial base must retain its global lead in critical advanced technologies; and (2) the Federal Government must expand awareness about any historical exotic technology antecedents previously provided by the Federal Government for research and development purposes. (c) Limitations \n(1) In general \nNo amount authorized to be appropriated or appropriated by this Act or any other Act may be obligated or expended, directly or indirectly, in part or in whole, for, on, in relation to, or in support of activities involving unidentified anomalous phenomena protected under any form of special access or restricted access limitations that have not been formally, officially, explicitly, and specifically described, explained, and justified to the appropriate committees of Congress, congressional leadership, and the Director, including for any activities relating to the following: (A) Recruiting, employing, training, equipping, and operations of, and providing security for, government or contractor personnel with a primary, secondary, or contingency mission of capturing, recovering, and securing unidentified anomalous phenomena craft or pieces and components of such craft. (B) Analyzing such craft or pieces or components thereof, including for the purpose of determining properties, material composition, method of manufacture, origin, characteristics, usage and application, performance, operational modalities, or reverse engineering of such craft or component technology. (C) Managing and providing security for protecting activities and information relating to unidentified anomalous phenomena from disclosure or compromise. (D) Actions relating to reverse engineering or replicating unidentified anomalous phenomena technology or performance based on analysis of materials or sensor and observational information associated with unidentified anomalous phenomena. (E) The development of propulsion technology, or aerospace craft that uses propulsion technology, systems, or subsystems, that is based on or derived from or inspired by inspection, analysis, or reverse engineering of recovered unidentified anomalous phenomena craft or materials. (F) Any aerospace craft that uses propulsion technology other than chemical propellants, solar power, or electric ion thrust. (2) Future appropriations \nParagraph (1) shall apply with respect to an amount appropriated after the date of the enactment of this Act, unless such paragraph is specifically waived for such amount, or such amount is specifically exempted from such paragraph, by an Act enacted after the date of the enactment of this Act. (d) Notification and reporting \nAny person currently or formerly under contract with the Federal Government that has in their possession material or information provided by or derived from the Federal Government relating to unidentified anomalous phenomena that formerly or currently is protected by any form of special access or restricted access shall— (1) not later than 60 days after the date of the enactment of this Act, notify the Director of such possession; and (2) not later than 180 days after the date of the enactment of this Act, make available to the Director for assessment, analysis, and inspection— (A) all such material and information; and (B) a comprehensive list of all non-earth origin or exotic unidentified anomalous phenomena material. (e) Liability \nNo criminal or civil action may lie or be maintained in any Federal or State court against any person for receiving material or information described in subsection (d) if that person complies with the notification and reporting provisions described in such subsection. (f) Limitation regarding independent research and development \n(1) In general \nConsistent with Department of Defense Instruction Number 3204.01 (dated August 20, 2014, incorporating change 2, dated July 9, 2020; relating to Department policy for oversight of independent research and development), independent research and development funding relating to material or information described in subsection (c) shall not be allowable as indirect expenses for purposes of contracts covered by such instruction, unless such material and information is made available to the Director in accordance with subsection (d). (2) Effective date and applicability \nParagraph (1) shall take effect on the date that is 60 days after the date of the enactment of this Act and shall apply with respect to funding from amounts appropriated before, on, or after such date. (g) Notice to Congress \nNot later than 30 days after the date on which the Director has received a notification under paragraph (1) of subsection (d) or information or material under paragraph (2) of such subsection, the Director shall provide written notification of such receipt to the appropriate committees of Congress and congressional leadership.", "id": "idfd4035e5209e44529f3bbb8af6e2d9f8", "header": "Funding limitations relating to unidentified anomalous phenomena" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Federal Adjustment of Income Rates Act or the FAIR Act.", "id": "H18D7A9DCB9804FDB940180458D7BD4CA", "header": "Short title" }, { "text": "2. Adjustment to rates of pay \n(a) Statutory pay systems \nFor calendar year 2024, the percentage adjustment under section 5303 of title 5, United States Code, in the rates of basic pay under the statutory pay systems (as defined in section 5302 of title 5, United States Code) shall be 4.7 percent. (b) Prevailing rate employees \nNotwithstanding the wage survey requirements under section 5343(b) of title 5, United States Code, for fiscal year 2024, the rates of basic pay (as in effect on the last day of fiscal year 2023 under section 5343(a) of such title) for prevailing rate employees in each wage area and the rates of basic pay under sections 5348 and 5349 of such title shall be increased by 4.7 percent.", "id": "HD12C375600D8476EBDB113C4C59F0BE6", "header": "Adjustment to rates of pay" }, { "text": "3. Adjustment to locality pay \nFor calendar year 2024, the percentage adjustment under section 5304 of title 5, United States Code, shall be an increase of 4.0 percent.", "id": "H9B71C1E2D4A44766AD7B7673286FE3A8", "header": "Adjustment to locality pay" } ]

[ { "text": "1. Short title \nThis Act may be cited as the CPT Rafael Barbosa Enhanced Colorectal Cancer Screening Standard for Toxic Exposed Members of the Uniformed Services Act or the Barbosa Act.", "id": "S1", "header": "Short title" }, { "text": "2. Revision of the primary and preventive health care policy of the Department of Defense to provide enhanced colorectal cancer screening standard for members of the uniformed services who served in locations associated with toxic exposure \n(a) In general \nSection 1074d of title 10, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by striking subsection (b) and inserting subsection (c) ; and (B) in paragraph (2), by striking consider appropriate. and inserting determine meet or exceed national standards for preventive care services, including screening under subsection (b). ; (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following new subsection (b): (b) Enhanced colorectal cancer screening standard for members of the uniformed services exposed to toxic substances \n(1) Under the policy developed under subsection (a)(2), any member of the uniformed services who, during active service, was deployed in support of a contingency operation in a location and during a period specified in paragraph (2), is entitled to a colorectal cancer screening, which may include a colonoscopy, fecal occult blood testing, sigmoidoscopy, or other colon cancer screening, by a health care provider of the Department of Defense beginning on the date that is five years after the first day of qualifying service for such member and thereafter at a frequency as recommended by the United States Preventive Services Task Force. (2) The locations and periods specified in this paragraph are the following: (A) Iraq during following periods: (i) The period beginning on August 2, 1990, and ending on February 28, 1991. (ii) The period beginning on March 19, 2003, and ending on such date as the Secretary of Defense determines burn pits are no longer used in Iraq. (B) The Southwest Asia theater of operations, other than Iraq, during the period beginning on August 2, 1990, and ending on such date as the Secretary determines burn pits are no longer used in such location, including the following locations: (i) Kuwait. (ii) Saudi Arabia. (iii) Oman. (iv) Qatar. (C) Afghanistan during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Afghanistan. (D) Djibouti during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Djibouti. (E) Syria during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Syria. (F) Jordan during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Jordan. (G) Egypt during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Egypt. (H) Lebanon during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Lebanon. (I) Yemen during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Yemen. (J) Such other locations and corresponding periods as set forth by the Airborne Hazards and Open Burn Pit Registry established under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 ( Public Law 112–260 ; 38 U.S.C. 527 note). (K) Such other locations and corresponding periods as the Secretary may determine appropriate in a report submitted under paragraph (3). (3) Not later than two years after the date of the enactment of the CPT Rafael Barbosa Enhanced Colorectal Cancer Screening Standard for Toxic Exposed Members of the Uniformed Services Act , and not less frequently than once every two years thereafter, the Secretary of Defense shall submit to Congress a report specifying other locations and corresponding periods for purposes of paragraph (2)(K). (4) A location under this subsection shall not include any body of water around or any airspace above such location. (5) In this subsection, the term burn pit means an area of land that— (A) is used for disposal of solid waste by burning in the outdoor air; and (B) does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste.. (b) Report on colorectal cancer rates for members of the uniformed services deployed to certain areas \n(1) In general \nNot later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report that compares the rates of colorectal cancer among members of the uniformed services deployed to the locations and during the periods specified in section 1074d(b) of title 10, United States Code, as added by subsection (a), as compared to members of the uniformed services who were not deployed to those locations during those periods and to the civilian population. (2) Uniformed services defined \nIn this subsection, the term uniformed services has the meaning given that term in section 101(a)(5) of title 10, United States Code.", "id": "id8901424433404aecba111710a6ccd381", "header": "Revision of the primary and preventive health care policy of the Department of Defense to provide enhanced colorectal cancer screening standard for members of the uniformed services who served in locations associated with toxic exposure" } ]

[ { "text": "1. Removal of the Architect of the Capitol \nSection 319 of the Legislative Branch Appropriations Act, 1990 ( 2 U.S.C. 1801 ) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Removal \nThe Architect of the Capitol may be removed at any time by— (1) impeachment; or (2) joint resolution of Congress, only for— (A) permanent disability; (B) inefficiency; (C) neglect of duty; (D) malfeasance; or (E) a felony or conduct involving moral turpitude..", "id": "ideffe32b7f0c9401fb15c5ff918517347", "header": "Removal of the Architect of the Capitol" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Federal PFAS Research Evaluation Act.", "id": "S1", "header": "Short title" }, { "text": "2. Findings \nCongress finds that— (1) perfluoroalkyl and polyfluoroalkyl substances are a group of manmade chemicals that have been used in a wide range of products since the 1940s, including firefighting foam, carpeting, packaging, and cookware; (2) there are more than 5,000 types of registered perfluoroalkyl and polyfluoroalkyl substances; (3) perfluoroalkyl and polyfluoroalkyl substances are not currently regulated at the Federal level; (4) perfluoroalkyl and polyfluoroalkyl substances— (A) have been detected in air, water, soil, food, biosolids, and more, where they persist for a long time; (B) can accumulate and remain in the human body and in wildlife and other biota for a long time; and (C) can lead to serious health effects, including cancer, low infant birthweight, liver and kidney issues, reproductive and developmental problems, and more; (5) there remains much unknown about— (A) the toxicity, human and environmental health effects, exposure pathways, and effective removal, treatment, and destruction methods of perfluoroalkyl and polyfluoroalkyl substances; and (B) safe alternatives to perfluoroalkyl and polyfluoroalkyl substances; (6) Federal research efforts have been fragmented at various Federal agencies and have struggled to effectively address the full scope of challenges presented by perfluoroalkyl and polyfluoroalkyl substances; (7) regulatory action and cleanup with respect to perfluoroalkyl and polyfluoroalkyl substances depend on— (A) scientific analysis of toxicity data of perfluoroalkyl and polyfluoroalkyl substances; (B) decision making on how best to deal with the thousands of perfluoroalkyl and polyfluoroalkyl substances; and (C) understanding the significance of the many exposure pathways for perfluoroalkyl and polyfluoroalkyl substances that exist; and (8) a consensus study by the National Academies would help inform decisions by the Federal Government, State governments, industry, and other stakeholders on how to best address perfluoroalkyl and polyfluoroalkyl substances.", "id": "id30ffa59793214af58402d4dc7083ffae", "header": "Findings" }, { "text": "3. Definitions \nIn this Act: (1) Administrator \nThe term Administrator means the Administrator of the Environmental Protection Agency. (2) Director \nThe term Director means the Director of the National Science Foundation. (3) National academies \nThe term National Academies means the National Academies of Sciences, Engineering, and Medicine.", "id": "id0849f87d2b114ea7a72c3757500600b7", "header": "Definitions" }, { "text": "4. National academies reports \n(a) Research assessments of PFAS exposure and toxicity \n(1) In general \nNot later than 90 days after the date of enactment of this Act, the Director, in consultation with the Administrator, the Secretary of Defense, the Director of the National Institutes of Health, and the heads of other Federal agencies with expertise relevant to understanding exposure to and toxicity of perfluoroalkyl and polyfluoroalkyl substances, shall enter into an agreement with the National Academies— (A) to conduct a 2-phase study in accordance with this subsection to identify research and development needed to advance human exposure estimations and toxicity and hazard estimations of individual perfluoroalkyl and polyfluoroalkyl substances or perfluoroalkyl and polyfluoroalkyl substances collectively; and (B) to submit reports describing the results of the studies in accordance with this subsection. (2) Phase I study and report on human exposure estimation \n(A) In general \nThe phase I study under paragraph (1) shall, at a minimum— (i) consider lifecycle information on the manufacture, use, and disposal of products containing perfluoroalkyl and polyfluoroalkyl substances to identify potential human exposure sources and pathways; (ii) evaluate— (I) the fate and transport of perfluoroalkyl and polyfluoroalkyl substances; and (II) the breakdown products of perfluoroalkyl and polyfluoroalkyl substances, as related to human exposure; (iii) if feasible, estimate human exposure to individual perfluoroalkyl and polyfluoroalkyl substances or perfluoroalkyl and polyfluoroalkyl substances collectively to determine relative source contributions for various exposure pathways (such as air, water, soil, or food); (iv) determine which perfluoroalkyl and polyfluoroalkyl substances are most likely to contribute to human exposure; and (v) identify research that is needed to advance exposure estimations to individual perfluoroalkyl and polyfluoroalkyl substances or perfluoroalkyl and polyfluoroalkyl substances collectively. (B) Report \nNot later than 1 year after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall— (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. (3) Phase II study and report on PFAS toxicity and hazard estimation \n(A) In general \nThe phase II study under paragraph (1) shall, at a minimum— (i) (I) review animal and human toxicity information on the perfluoroalkyl and polyfluoroalkyl substances most likely to contribute to human exposure, as identified in the phase I report under paragraph (2)(B)(i); and (II) develop an approach for conducting a human health hazard assessment of the identified perfluoroalkyl and polyfluoroalkyl substances; (ii) give consideration as to whether chemical category-based approaches for assessing hazards would be appropriate for evaluating perfluoroalkyl and polyfluoroalkyl substances as a group; and (iii) identify research that is needed to advance toxicity and hazard assessments of individual perfluoroalkyl and polyfluoroalkyl substances or perfluoroalkyl and polyfluoroalkyl substances collectively. (B) Report \nNot later than 1 year after the date on which the phase I report is submitted to Congress under paragraph (2)(B)(i), the National Academies shall— (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. (b) Research assessments of management and treatment alternatives for PFAS contamination in the environment and development of safe alternatives \n(1) In general \nNot later than 90 days after the date of enactment of this Act, the Director and the Administrator, in consultation with the Secretary of Defense and the heads of other Federal agencies with expertise relevant to the development of alternatives to perfluoroalkyl and polyfluoroalkyl substances and the management and treatment of perfluoroalkyl and polyfluoroalkyl substances, shall jointly enter into an agreement with the National Academies— (A) to conduct a 2-phase study in accordance with this subsection to better understand— (i) the research and development needed to advance the understanding of the extent and implications of environmental contamination by perfluoroalkyl and polyfluoroalkyl substances; (ii) the best methods to manage and treat that contamination; and (iii) the development of safe alternatives to perfluoroalkyl and polyfluoroalkyl substances; and (B) to submit reports describing the results of the studies in accordance with this subsection. (2) Phase I study and report on treatment and remediation \n(A) In general \nThe phase I study under paragraph (1) shall, at a minimum— (i) assess the best available strategies for treatment, site remediation, and safe disposal of perfluoroalkyl and polyfluoroalkyl substances; and (ii) describe research gaps relating to the issues described in clause (i), including socioeconomic considerations and ways that the Federal Government can address the research needs. (B) Report \nNot later than 18 months after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall— (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website. (3) Phase II study and report on assessment of safe alternatives for PFAS \n(A) In general \nThe phase II study under paragraph (1) shall, at a minimum— (i) examine the state of knowledge for alternatives to perfluoroalkyl and polyfluoroalkyl substances in applications currently, as of the date of the study, using perfluoroalkyl and polyfluoroalkyl substances that contribute to significant human health or ecological exposures and potential risk; and (ii) identify research needs to address the highest priorities for development of alternatives to perfluoroalkyl and polyfluoroalkyl substances. (B) Report \nNot later than 3 years after the date on which the agreement described in paragraph (1) is finalized, the National Academies shall— (i) submit to Congress a report containing the findings and recommendations of the study described in subparagraph (A); and (ii) make the report under clause (i) available on a publicly accessible website.", "id": "idb318bb31a998411daaa822f40f92f988", "header": "National academies reports" }, { "text": "5. Implementation plan \n(a) In general \nNot later than 180 days after the date on which all reports from the National Academies under section 4 have been submitted to Congress, the Director of the Office of Science and Technology Policy, in coordination with the heads of all relevant Federal agencies, shall submit to Congress an implementation plan for increased collaboration and coordination of Federal research, development, and demonstration activities with respect to perfluoroalkyl and polyfluoroalkyl substances. (b) Requirement \nIn preparing the implementation plan under subsection (a), the Director of the Office of Science and Technology Policy shall take into consideration the recommendations included in the reports submitted to Congress under section 4.", "id": "ideacf4557fca142a6ac906d08cfead2a9", "header": "Implementation plan" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Energy Efficiency for Affordable Housing Act.", "id": "id63439cf7219b496c96c232186f607dd7", "header": "Short title" }, { "text": "2. Increase of credit \n(a) In general \nParagraph (2) of section 42(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Increase in credit for buildings achieving enhanced energy performance \n(i) In general \nIn the case of any existing building to which subsection (b)(2) does not apply which achieves enhanced energy performance, the rehabilitation expenditures taken into account under subparagraph (A) shall be 130 percent of such expenditures determined without regard to this subparagraph. (ii) Enhanced energy performance \nFor purposes of clause (i), a building achieves enhanced energy performance if it meets either of the following: (I) The minimum requirements of an advanced building construction standard which shall be determined by the Secretary of Energy using prescriptive or performance methods of calculation and promulgated by the Secretary of Energy within 180 days of the date of the enactment of this subparagraph. (II) In the case of a taxpayer which elects (at such time and in such manner as the Secretary may provide) the application of this subclause with respect to the building, a qualified retrofit plan. (iii) Definitions \nFor purposes of this subparagraph— (I) Qualified retrofit plan \nThe term qualified retrofit plan means a written plan prepared and stamped by a qualified professional which specifies modifications to a building which, in the aggregate, are expected to reduce such building’s site energy usage intensity by 50 percent or more in comparison to the baseline energy usage intensity of such building. Such plan shall require a qualified professional to certify— (aa) the baseline energy usage intensity of the building, (bb) that the modifications are expected to reduce such building’s site energy usage intensity by 50 percent or more in comparison to the baseline energy usage intensity of such building, and (cc) as of any date following installation of building modifications, that such modifications have been installed. (II) Baseline energy usage intensity \nThe term baseline energy usage intensity means the site energy usage intensity as of any date during the 24-month period immediately preceding the building modifications described in the qualified retrofit plan. (III) Site energy usage intensity \nThe site energy usage intensity shall be determined for the entire building in accordance with such regulations or other guidance as the Secretary may provide and measured in British thermal units per square foot per year. (IV) Qualified professional \nThe term qualified professional means an individual who is a licensed architect or a licensed engineer or meets such other requirements as the Secretary of Energy may provide.. (b) Increase for buildings in high-Cost areas \nParagraph (2) of section 42(e) of the Internal Revenue Code of 1986, as amended by subsection (a), is further amended by adding at the end the following new subparagraph: (D) Special rule for buildings in high-cost areas which achieve enhanced energy performance \nIn the case of an existing building to which both subparagraph (C) and subsection (d)(5)(B) apply (but for this subparagraph)— (i) subsection (d)(5)(B)(i)(II) shall not apply, and (ii) the rehabilitation expenditures taken into account under subparagraph (A) shall be 160 percent of such expenditures determined without regard to this subparagraph.. (c) Effective date \n(1) In general \nExcept as provided in paragraph (2), the amendments made by this section shall apply to buildings with respect to which housing credit dollar amounts are allocated after December 31, 2023. (2) Bond-financed projects \nIn the case of any building some portion of which, or of the land on which the building is located, is financed by an obligation which is described in section 42(h)(4)(A) of the Internal Revenue Code of 1986, the amendments made by this section shall apply to any such building financed by such an obligation which is part of an issue the issue date of which is after December 31, 2023.", "id": "id043F7AC4B9974204AC1FCDB6F4690613", "header": "Increase of credit" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Special Inspector General for Ukraine Assistance Act.", "id": "S1", "header": "Short title" }, { "text": "2. Special Inspector General for Ukraine Assistance \n(a) Purposes \nThe purposes of this section are as follows: (1) To provide for the independent and objective conduct and supervision of audits and investigations, including within the territory of Ukraine, relating to the programs and operations funded with amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine. (2) To provide for the independent and objective leadership and coordination of, and recommendations on, policies designed to prevent and detect waste, fraud, and abuse in such programs and operations described in paragraph (1). (3) To provide for an independent and objective means of keeping the Secretary of State, the Secretary of Defense, and Congress fully and currently informed about problems and deficiencies relating to the administration of such programs and operations and the necessity for and progress on corrective action. (b) Office of Inspector General \nThere is hereby established the Office of the Special Inspector General for Ukraine Assistance to carry out the purposes set forth in subsection (a). (c) Appointment of Inspector General; removal \n(1) Appointment \nThe head of the Office of the Special Inspector General for Ukraine Assistance is the Special Inspector General for Ukraine Assistance (in this section referred to as the Inspector General ), who shall be appointed by the President with the advice and consent of the Senate. (2) Qualifications \nThe appointment of the Inspector General shall be made solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. (3) Deadline for appointment \nThe appointment of an individual as Inspector General shall be made not later than 30 days after the date of the enactment of this Act. (4) Compensation \nThe annual rate of basic pay of the Inspector General shall be the annual rate of basic pay provided for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (5) Prohibition on political activities \nFor purposes of section 7324 of title 5, United States Code, the Inspector General shall not be considered an employee who determines policies to be pursued by the United States in the nationwide administration of Federal law. (6) Removal \nThe Inspector General shall be removable from office in accordance with the provisions of section 403(b) of title 5, United States Code. (d) Assistant inspectors general \nThe Inspector General shall, in accordance with applicable laws and regulations governing the civil service— (1) appoint an Assistant Inspector General for Auditing who shall have the responsibility for supervising the performance of auditing activities relating to programs and operations supported by amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine; and (2) appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the performance of investigative activities relating to such programs and operations. (e) Supervision \n(1) In general \nExcept as provided in paragraph (2), the Inspector General shall report directly to, and be under the general supervision of, the Secretary of State and the Secretary of Defense. (2) Independence to conduct investigations and audits \nNo officer of the Department of Defense, the Department of State, or the United States Agency for International Development shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation related to amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine or from issuing any subpoena during the course of any such audit or investigation. (f) Duties \n(1) Oversight of military and nonmilitary support of Ukraine \nIt shall be the duty of the Inspector General to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine, and of the programs, operations, and contracts carried out utilizing such funds, including— (A) the oversight and accounting of the obligation and expenditure of such funds; (B) the monitoring and review of contracts funded by such funds; (C) the monitoring and review of the transfer of such funds and associated information between and among departments, agencies, and entities of the United States and private and nongovernmental entities; (D) the maintenance of records on the use of such funds to facilitate future audits and investigations of the use of such funds; (E) the investigation of overpayments such as duplicate payments or duplicate billing and any potential unethical or illegal actions of Federal employees, contractors, or affiliated entities and the referral of such reports, as necessary, to the Department of Justice to ensure further investigations, prosecutions, recovery of further funds, or other remedies; (F) the monitoring and review of all military and nonmilitary activities funded by such funds; and (G) the tracking and monitoring of all lethal and nonlethal security assistance provided by the United States, including a review of compliance with all applicable end-use certification requirements. (2) Other duties related to oversight \nThe Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Inspector General considers appropriate to discharge the duties under paragraph (1). (3) Duties and responsibilities under chapter 4 of title 5, United States Code \nIn addition to the duties specified in paragraphs (1) and (2), the Inspector General shall also have the duties and responsibilities of inspectors general under chapter 4 of title 5, United States Code. (4) Coordination of efforts \nIn carrying out the duties, responsibilities, and authorities of the Inspector General under this section, the Inspector General shall coordinate with, and receive the cooperation of each of the following: (A) The Inspector General of the Department of Defense. (B) The Inspector General of the Department of State. (C) The Inspector General of the United States Agency for International Development. (g) Powers and authorities \n(1) Authorities under chapter 4 of title 5, United States Code \nIn carrying out the duties specified in subsection (f), the Inspector General shall have the authorities provided in section 406 of title 5, United States Code, including the authorities under subsection (e) of such section. (2) Audit standards \nThe Inspector General shall carry out the duties specified in subsection (f)(1) in accordance with section 404(b)(1) of title 5, United States Code. (h) Personnel, facilities, and other resources \n(1) Personnel \n(A) In general \nThe Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Inspector General, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (B) Additional authorities \n(i) In general \nSubject to clause (ii), the Inspector General may exercise the authorities of subsections (b) through (i) of section 3161 of title 5, United States Code (without regard to subsection (a) of that section). (ii) Periods of appointments \nIn exercising the employment authorities under subsection (b) of section 3161 of title 5, United States Code, as provided under clause (i) of this subparagraph— (I) paragraph (2) of that subsection (relating to periods of appointments) shall not apply; and (II) no period of appointment may exceed the date on which the Office of the Special Inspector General for Ukraine Assistance terminates under subsection (o). (2) Employment of experts and consultants \nThe Inspector General may obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS–15 of the General Schedule by section 5332 of such title. (3) Contracting authority \nTo the extent and in such amounts as may be provided in advance by appropriations Acts, the Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Inspector General. (4) Resources \nThe Secretary of State or the Secretary of Defense, as appropriate, shall provide the Inspector General with— (A) appropriate and adequate office space at appropriate locations of the Department of State or the Department of Defense, as the case may be, in Ukraine or at an appropriate United States military installation in the European theater, together with such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices, and shall provide necessary maintenance services for such offices and the equipment and facilities located therein; and (B) appropriate and adequate support for audits, investigations, and related activities by the Inspector General or assigned personnel within the territory of Ukraine. (5) Assistance from Federal agencies \n(A) In general \nUpon request of the Inspector General for information or assistance from any department, agency, or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Inspector General, or an authorized designee. (B) Reporting of refused assistance \nWhenever information or assistance requested by the Inspector General is, in the judgment of the Inspector General, unreasonably refused or not provided, the Inspector General shall report the circumstances to the Secretary of State or the Secretary of Defense, as appropriate, and to the appropriate congressional committees without delay. (i) Reports \n(1) Quarterly reports \nNot later than 30 days after the end of each fiscal-year quarter, the Inspector General shall submit to the appropriate congressional committees a report summarizing, for the period of that quarter and, to the extent possible, the period from the end of such quarter to the time of the submission of the report, the activities during such period of the Inspector General and the activities under programs and operations funded with amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine. Each report shall include, for the period covered by such report, a detailed statement of all obligations, expenditures, and revenues associated with military and nonmilitary support of Ukraine, including the following: (A) Obligations and expenditures of appropriated funds. (B) Operating expenses of agencies or entities receiving amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine. (C) In the case of any contract, grant, agreement, or other funding mechanism described in paragraph (2)— (i) the amount of the contract, grant, agreement, or other funding mechanism; (ii) a brief discussion of the scope of the contract, grant, agreement, or other funding mechanism; (iii) a discussion of how the department or agency of the United States Government involved in the contract, grant, agreement, or other funding mechanism identified, and solicited offers from, potential individuals or entities to perform the contract, grant, agreement, or other funding mechanism, together with a list of the potential individuals or entities that were issued solicitations for the offers; and (iv) the justification and approval documents on which was based the determination to use procedures other than procedures that provide for full and open competition. (D) An accounting comparison of— (i) the military and nonmilitary support provided to Ukraine by the United States; and (ii) the military and nonmilitary support provided to Ukraine by other North Atlantic Treaty Organization member countries, including allied contributions to Ukraine that are subsequently backfilled or subsidized using United States funds. (E) An evaluation of the compliance of the Government of Ukraine with all requirements for receiving United States funds, including a description of any area of concern with respect to the ability of the Government of Ukraine to achieve such compliance. (2) Covered contracts, grants, agreements, and funding mechanisms \nA contract, grant, agreement, or other funding mechanism described in this paragraph is any major contract, grant, agreement, or other funding mechanism that is entered into by any department or agency of the United States Government that involves the use of amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine with any public or private sector entity for any of the following purposes: (A) To build or rebuild physical infrastructure of Ukraine. (B) To establish or reestablish a political or societal institution of Ukraine. (C) To provide products or services to the people of Ukraine. (D) To provide lethal or nonlethal weaponry to Ukraine. (E) To otherwise provide military or nonmilitary support to Ukraine. (3) Public availability \nThe Inspector General shall publish on a publicly available internet website each report under paragraph (1) of this subsection in English and other languages that the Inspector General determines are widely used and understood in Ukraine. (4) Form \nEach report required under this subsection shall be submitted in unclassified form, but may include a classified annex if the Inspector General considers it necessary. (5) Rule of construction \nNothing in this subsection shall be construed to authorize the public disclosure of information that is— (A) specifically prohibited from disclosure by any other provision of law; (B) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or (C) a part of an ongoing criminal investigation. (j) Report coordination \n(1) Submission to secretaries of State and defense \nThe Inspector General shall also submit each report required under subsection (i) to the Secretary of State and the Secretary of Defense. (2) Submission to Congress \n(A) In general \nNot later than 30 days after receipt of a report under paragraph (1), the Secretary of State and the Secretary of Defense shall submit to the appropriate congressional committees any comments on the matters covered by the report. Such comments shall be submitted in unclassified form, but may include a classified annex if the Secretary of State or the Secretary of Defense, as the case may be, considers it necessary. (B) Access \nOn request, any Member of Congress may view comments submitted under subparagraph (A), including the classified annex. (k) Transparency \n(1) Report \nNot later than 60 days after submission to the appropriate congressional committees of a report under subsection (i), the Secretary of State and the Secretary of Defense shall jointly make copies of the report available to the public upon request, and at a reasonable cost. (2) Comments on matters covered by report \nNot later than 60 days after submission to the appropriate congressional committees under subsection (j)(2)(A) of comments on a report under subsection (i), the Secretary of State and the Secretary of Defense shall jointly make copies of the comments available to the public upon request, and at a reasonable cost. (l) Waiver \n(1) Authority \nThe President may waive the requirement under paragraph (1) or (2) of subsection (k) with respect to availability to the public of any element in a report under subsection (i), or any comment under subsection (j)(2)(A), if the President determines that the waiver is justified for national security reasons. (2) Notice of waiver \nThe President shall publish a notice of each waiver made under this subsection in the Federal Register no later than the date on which a report required under subsection (i), or any comment under subsection (j)(2)(A), is submitted to the appropriate congressional committees. The report and comments shall specify whether waivers under this subsection were made and with respect to which elements in the report or which comments, as appropriate. (3) Submission of comments \nThe President may not waive under this subsection subparagraph (A) or (B) of subsection (j). (m) Definitions \nIn this section: (1) Amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine \nThe term amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine means— (A) amounts appropriated or otherwise made available on or after January 1, 2022, for— (i) the Ukraine Security Assistance Initiative under section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 11492; 129 Stat. 1608); (ii) any foreign military financing accessed by the Government of Ukraine; (iii) the Presidential drawdown authority under section 506(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(a) ); (iv) the defense institution building program under section 332 of title 10, United States Code; (v) the building partner capacity program under section 333 of title 10, United States Code; (vi) the International Military Education and Training program of the Department of State; and (vii) the United States European Command; and (B) amounts appropriated or otherwise made available on or after January 1, 2022, for the military, economic, reconstruction, or humanitarian support of Ukraine under any account or for any purpose not described in subparagraph (A). (2) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committees on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committees on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Oversight and Accountability of the House of Representatives. (n) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated $70,000,000 for fiscal year 2023 to carry out this section. (2) Offset \nThe amount authorized to be appropriated for fiscal year 2023 for the Ukraine Security Assistance Initiative is hereby reduced by $70,000,000. (o) Termination \n(1) In general \nThe Office of the Special Inspector General for Ukraine Assistance shall terminate 180 days after the date on which amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine that are unexpended are less than $250,000,000. (2) Final report \nThe Inspector General shall, prior to the termination of the Office of the Special Inspector General for Ukraine Assistance under paragraph (1), prepare and submit to the appropriate congressional committees a final forensic audit report on programs and operations funded with amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine.", "id": "ID30A0D7D1E9FC4CEABC23C1D31DEECFD1", "header": "Special Inspector General for Ukraine Assistance" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Dump Investments in Troublesome Communist Holdings Act or as the DITCH Act.", "id": "H0B1D177FA1DC4BFDB1E092FEC41F2906", "header": "Short title" }, { "text": "2. Restriction on investment in Chinese companies by tax-exempt entities \n(a) In general \nSection 501 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (s) Restriction on investment in Chinese companies \n(1) In general \nAn organization shall not be treated as described in subsection (c) or (d) or section 401(a) for any taxable year if such organization— (A) holds any interest in a disqualified Chinese company at any time during such taxable year, or (B) fails to timely transmit the annual report described in paragraph (5) for such taxable year. (2) Disqualified Chinese company \nFor purposes of this subsection— (A) In general \nThe term disqualified Chinese company means any corporation— (i) that is incorporated in China, or (ii) more than 10 percent of the stock of which (determined by vote or value) is held (directly or indirectly through any chain of ownership) by any of the following (or combination thereof): (I) 1 or more corporations described in clause (i). (II) China or any governmental agency thereof. (III) Provincial, regional, municipal, Special Administrative Regions, prefecture, county, township, village, or any other Chinese sub-national governmental entity or agency. (IV) Any entity controlled (directly or indirectly) by the Chinese Communist Party or any Chinese Communist Party organ. (V) Any Chinese national. (B) Application to entities other than corporations \nIn the case of any business organization which is not a corporation, subparagraph (A) shall apply to such organization in the same manner as though such organization were a corporation. (C) Application to indirect, derivative, or other contractual interests, etc \nFor purposes of this subsection, an organization shall be treated as holding an interest in a disqualified Chinese company if such organization— (i) holds such interest (or any instrument described in subparagraph (A)) directly or indirectly through any chain of ownership, or (ii) holds any derivative financial instrument or other contractual arrangement with respect to such interest or company (including any financial instrument or other contract which seeks to replicate any financial return with respect to such interest or such company). (D) Publication of list by Secretary \nThe Secretary shall, not later than 120 days after the date of the enactment of this subsection, establish a process for the periodic publishing of a list of certified pooled investments, including exchange traded funds and mutual funds, that do not have exposure to disqualified Chinese companies. (3) Waivers \n(A) In general \nParagraph (1) shall not apply with respect to any interest in a disqualified Chinese company held by any organization during any taxable year if the Secretary issues a waiver to such organization with respect to such interest for such taxable year under this paragraph. Any waiver issued under this paragraph shall be subject to renewal or expiration on a biannual basis. (B) Waiver process \n(i) Application \nNot later than 60 days after the date of the enactment of this subsection, the Secretary shall establish a process under which an organization may submit a written application for a waiver under this paragraph. Such application shall be made publicly available and shall include the following: (I) An explanation of the need for such waiver and the reasons that the need for such waiver outweigh the threat posed to the United States by China and the lack of separation between China and the disqualified Chinese company involved. (II) The type (including sector of the economy), amount, and duration of the investment in the disqualified Chinese company. (III) The relationship between the disqualified Chinese company and China. (IV) The extenuating circumstances justifying the applicant’s need to invest in the disqualified Chinese company. (ii) Response \nThe Secretary shall provide a written response to each completed application under clause (i) not later than 60 days after receipt of such application. Such written response shall be made publicly available and shall include the following: (I) A statement of whether the waiver has been provided or withheld. (II) The reasons for providing or withholding the waiver. (III) The identification of any future investments with respect to which such waiver applies. (IV) The date on which such waiver expires (which may not be later than the earlier of the termination of the extenuating circumstances referred to in clause (i)(IV) or the end of the biannual period referred to in subparagraph (A)). (C) Standards for determining if waiver is provided \nThe Secretary may provide a waiver under this paragraph only if the Secretary independently determines that— (i) the need for such waiver, and the reasons for the need for such waiver, outweigh the threat posed to the United States by China and the lack of separation between China and the disqualified Chinese company involved, and (ii) extenuating circumstances justify the applicant’s need to invest in the disqualified Chinese company. For purposes of this subparagraph, the Secretary shall not consider the past or future financial returns of any investment in any disqualified Chinese company, or any other justification based on the applicant’s own financial needs, as an extenuating circumstance justifying such an investment. (D) Publication of waivers provided \nWith respect to each calendar quarter, the Secretary shall publish and make publicly available a list of the waivers provided by the Secretary under this paragraph during such quarter. (4) China \nFor purposes of this section, the term China means the People’s Republic of China and includes any subordinate Special Administrative Regions thereof. (5) Annual report \nEach organization described in paragraph (1) with respect to each taxable year shall, not later than the due date for the return of tax for such taxable year, transmit to the Secretary a written report including— (A) a description of each interest in a disqualified Chinese company held by such organization during such taxable year, (B) the period during which such interest was so held, and (C) whether such organization has a waiver under paragraph (3) to hold such interest during such period.. (b) Effective date \n(1) In general \nThe amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act, except that only periods after the date that is 270 days after the date of the enactment of this Act shall be taken into account in determining whether the requirement of section 501(s) of the Internal Revenue Code of 1986 (as added by this section) is met with respect to any taxable year. (2) 1-year grace period under certain circumstances \nIn the case of organization that, after intensive due diligence, is unaware of the failure to satisfy the requirement of such section 501(s), paragraph (1) shall be applied by substituting 1 year for 270 days. (c) Public report \nNot later than 360 days after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury (or the Secretary’s delegate) shall publicly release a report describing the patterns of United States outbound investment in China, including such investment by organizations described in section 501(s)(1) of the Internal Revenue Code of 1986 (as added by this section). Such report shall detail the sectoral breakdown of such investments.", "id": "HE653271BF69B42058025328D8CA0B7DC", "header": "Restriction on investment in Chinese companies by tax-exempt entities" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Moving Americans Privacy Protection Act.", "id": "S1", "header": "Short title" }, { "text": "2. Protection of personally identifiable information \n(a) In general \nParagraph (2) of section 431(c) of the Tariff Act of 1930 ( 19 U.S.C. 1431(c) ) is amended to read as follows: (2) (A) The information listed in paragraph (1) shall not be available for public disclosure if— (i) the Secretary of the Treasury makes an affirmative finding on a shipment-by-shipment basis that disclosure is likely to pose a threat of personal injury or property damage; or (ii) the information is exempt under the provisions of section 552(b)(1) of title 5, United States Code. (B) The Secretary shall ensure that any personally identifiable information, including Social Security numbers and passport numbers, is removed from any manifest signed, produced, delivered, or electronically transmitted under this section before access to the manifest is provided to the public.. (b) Effective date \nThe amendment made by subsection (a) shall take effect on the date that is 30 days after the date of the enactment of this Act.", "id": "id2178B52EC60940A8AB133AA417426C39", "header": "Protection of personally identifiable information" } ]

[ { "text": "1. Short title \nThis Act may be cited as the School Shooting Safety and Preparedness Act.", "id": "HDC0D46BA48DB4DC78F3ABF49B6C8FD75", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Title 18 definitions \nThe terms firearm and ammunition have the meanings given such terms in section 921 of title 18, United States Code. The term large capacity ammunition feeding device has the meaning given such term in section 921 of title 18, Unites States Code, as in effect on September 1, 2004. (2) Mass shooting \nThe term mass shooting means a shooting during which 3 or more individuals, not including the shooter, were injured or killed in one location or in multiple locations in close proximity. (3) School \nThe term school means— (A) an early childhood education program (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )); (B) an elementary school (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )); (C) a secondary school (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )); and (D) an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )). (4) School shooting \nThe term school shooting means an event or occurrence— (A) during which one or more individuals were injured or killed by a firearm; and (B) that occurred— (i) in, or on the grounds of, a school, even if before or after school hours; (ii) while the victim was traveling to or from a regular session at school; or (iii) while the victim was attending or traveling to or from an official school-sponsored event.", "id": "H8A8B1C60242F45C88945D716383E0775", "header": "Definitions" }, { "text": "3. Annual report on indicators of school crime and safety \n(a) In general \nThe Secretary of Education, in consultation with the Attorney General and the Secretary of Health and Human Services, shall publish not less frequently than on an annual basis a report on indicators of school crime and safety. Such report shall be produced by the National Center for Education Statistics of the Department of Education in consultation with the Bureau of Justice Statistics of the Department of Justice. Such report shall include, at a minimum, an updated version of the information provided in the National Center for Education Statistics report NCES 2022–092 issued in July 2022, and the data described in subsections (b) and (d). (b) Statistics on school shootings \nIn collecting data on school shootings to be compiled in the annual report described in subsection (a), the National Center for Education Statistics shall collect at a minimum the following data annually: (1) The number of school shootings that have taken place nationwide. (2) Of the school shootings described in paragraph (1), the number that were mass shootings. (3) Of the school shootings described in paragraph (1), the number that were suicides. (4) Of the school shootings described in paragraph (1), the number that were accidents. (5) The number of people killed in each school shooting, including— (A) the number of people whose cause of death was attributable to wound by firearm; and (B) the number of people having some other cause of death. (6) The number of people injured in each school shooting, including— (A) the number of people wounded by firearm; and (B) the number of people injured in some other manner. (7) The time of the shooting and whether it occurred during school hours. (8) The demographics of each school, including— (A) the locale code of the school, as determined by the Secretary of Education; and (B) student demographic data disaggregated by— (i) economically disadvantaged students as compared to students who are not economically disadvantaged; (ii) each major racial and ethnic group; (iii) children with disabilities as compared to children without disabilities; and (iv) English proficiency status. (9) The personal characteristics of each victim in the shooting, including, at a minimum, the victim’s— (A) age; (B) gender; (C) race; (D) ethnicity; and (E) nationality. (10) The personal characteristics of the shooter, including, at a minimum, the shooter’s— (A) age; (B) gender; (C) race; (D) ethnicity; (E) nationality; and (F) relationship to the school. (11) Whether the shooting was determined to be an accident, and if not, the motivation of the shooter, including any real or perceived bias based on race, religion, ethnicity, nationality, or sex (including sexual orientation or gender identity). (12) How the shooting was stopped, including— (A) whether the shooter was injured or killed, and if so, by whom; and (B) if not, what was the other outcome of the incident (such as escape, arrest, or suicide). (13) The number and type of firearms and ammunition that were used in each shooting, including— (A) the make and model of the firearm; (B) the manufacturer of the firearm; (C) the make and model of the ammunition; (D) the manufacturer of the ammunition; (E) whether a large capacity ammunition feeding device was present at the scene or used during the shooting; and (F) the number of rounds of ammunition fired by the shooter over the course of the shooting. (14) Where each of the firearms used in each shooting was obtained and how, including— (A) whether the firearm was registered if required; (B) whether the firearm was purchased from a licensed gun dealer or an unlicensed sale; and (C) the geographic location from where the shooter obtained the firearm. (15) If the original purchaser was not the shooter, the original purchaser’s relationship, if any, to the shooter. (16) If the original purchaser was not the shooter and the firearm was obtained from the shooter’s home, the gun storage practices being used in the home, and whether the gun owner was charged with failing to properly secure his or her firearm. (17) Whether the school had one or more teachers, as that term is defined in section 8553 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7943 ), who were armed, and if so, whether such armed teacher or teachers stopped the incident by shooting the shooter. (18) The length of time that the shooting lasted (the approximate elapsed time between the first and last shots fired). (19) The response time of law enforcement. (c) Historic statistics on school shootings \nThe Secretary of Education shall direct the National Center for Education Statistics— (1) to collect, to the extent practicable, the data required in subsection (b) for shootings that occurred before the date of the enactment of this Act; and (2) to publish such data as revisions to the most applicable annual reports on indicators of school crime and safety issued by the National Center for Education Statistics before the date of the enactment of this Act. (d) Safety and prevention \nIn collecting data on school shootings to be compiled in the annual report described in subsection (a), the National Center for Education Statistics shall collect, at a minimum, information on the existence or absence of the following measures at the time of the shooting at schools where a school shooting occurred in the previous year: (1) Physical security measures, including— (A) building envelopes and interiors designed to protect occupants from human threats; and (B) other physical security measures designed to avert and restrict violence. (2) Other types of security measures, including measures designed to preserve open learning environments that positively influence student behavior. (3) A communication plan with local law enforcement. (4) A response plan that includes coordination with local agencies (such as law enforcement, fire department, and hospitals). (5) An active shooter response plan (including the use of an alert system to notify students, faculty, and parents or guardians). (6) A trauma response plan to address trauma resulting from the shooting, including coordination with school-based counselors, other school mental health professionals, and appropriate community partners and organizations, such as community action programs or agencies. (7) Any other similar type of safety or prevention measure in place at the time of the school shooting. (e) Rule of construction \nIn collecting data on school shootings to be compiled in the annual report described in subsection (a), any data disaggregation required by subsection (b) shall not be required in the case where such disaggregation would reveal personally identifiable information about any individual.", "id": "H1D7FB65344C84C6B918371C2A309D265", "header": "Annual report on indicators of school crime and safety" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Department of Veterans Affairs Post-Traumatic Stress Disorder Processing Claims Improvement Act of 2023.", "id": "idA2FA9B2037DF44E2A51EC06233AA95DF", "header": "Short title" }, { "text": "2. Improving processing by Department of Veterans Affairs of disability claims for post-traumatic stress disorder \n(a) Training for claims processors who handle claims relating to post-Traumatic stress disorder \n(1) Update training programs \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, acting through the Under Secretary for Benefits, update an ongoing, national training program for claims processors who review claims for compensation for service-connected post-traumatic stress disorder. (2) Participation required \nBeginning on the date that is 180 days after the date of the enactment of this Act, the Secretary shall require that each claims processor described in paragraph (1) participates in the training established under paragraph (1) at least once each year beginning in the second year in which the claims processor carries out the duties of the claims processor for the Department. (3) Required elements \nThe training established under paragraph (1) shall include instruction on stressor development and verification. (b) Standardization of training at regional offices \nNot later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Under Secretary, shall standardize the training provided at regional offices of the Veterans Benefits Administration to the employees of such regional offices. (c) Formal process for conduct of annual analysis of trends \nNot later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Under Secretary, shall establish a formal process to analyze, on an annual basis, training needs based on identified processing error trends. (d) Formal process for conduct of annual studies \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Under Secretary, shall establish a formal process to conduct, on an annual basis, studies to help guide the national training program established under subsection (a)(1). (2) Elements \nEach study conducted under paragraph (1) shall cover the following: (A) Military post-traumatic stress disorder stressors. (B) Decision-making claims for claims processors. (e) Annual updates to post-Traumatic stress disorder procedural guidance \nNot later than 180 days after the date of the enactment of this Act and not less frequently than once each year thereafter, the Secretary, acting through the Under Secretary, shall evaluate the guidance relating to post traumatic stress disorder to determine if updates are warranted to provide claims processors of the Department with better resources regarding best practices for claims processing, including specific guidance regarding development of claims involving compensation for service-connected posttraumatic stress disorder.", "id": "idE1F719B23FC84971A12F024CD6987391", "header": "Improving processing by Department of Veterans Affairs of disability claims for post-traumatic stress disorder" } ]

[ { "text": "1. Short title \nThis Act may be cited as the CERTS Tax Exemption Act.", "id": "HB216B4BABFDC4FA6BF80D5FD33E00755", "header": "Short title" }, { "text": "2. Exemption of grants from taxation \n(a) In general \nSection 421 of the Coronavirus Economic Relief for Transportation Services Act ( 15 U.S.C. 9111 ) is amended by adding at the end the following new subsection: (g) Tax treatment \nFor purposes of the Internal Revenue Code of 1986— (1) no amount shall be included in the gross income of the eligible provider of transportation services by reason of a grant under this section, (2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1), and (3) in the case of an eligible provider of transportation services which is a partnership or S corporation— (A) any amount excluded from income by reason of paragraph (1) shall be treated as tax exempt income for purposes of sections 705 and 1366 of such Code, and (B) except as provided by the Secretary of the Treasury (or the Secretary's delegate), any increase in the adjusted basis of a partner's interest in a partnership under section 705 of such Code with respect to any amount described in subparagraph (A) shall equal the partner's distributive share of deductions resulting from costs described in subsection (d) which are paid using a grant under this section.. (b) Effective date \nThe amendment made by this section shall apply to taxable years ending after the date of the enactment of the Coronavirus Economic Relief for Transportation Services Act.", "id": "H28C09A4EE96B43F7B5B8200E80BD937B", "header": "Exemption of grants from taxation" } ]

[ { "text": "1. Short title \nThis Act may be cited as the IMPACTT Human Trafficking Act.", "id": "id1e5b5a59-262f-4881-8aff-ee6eccc8e5e1", "header": "Short title" }, { "text": "2. Investigators Maintain Purposeful Awareness to Combat Trafficking Trauma Program \n(a) Establishment \nThere is established, in Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Investigators Maintain Purposeful Awareness to Combat Trafficking Trauma Program (referred to in this Act as the IMPACTT Program ). (b) Functions \nThe IMPACTT Program shall— (1) provide outreach and training to Homeland Security Investigations employees who have been exposed to various forms of trauma in working with victims of human trafficking, including— (A) self-awareness training for the relevant employees on recognizing the signs of burnout, compassion fatigue, critical incident stress, traumatic stress, posttraumatic stress, secondary traumatic stress, and vicarious trauma; (B) training material that— (i) provides mechanisms for self-care and resilience and notification of resources that are available through U.S. Immigration and Customs Enforcement, such as the Employee Assistance Program, the Peer Support Program, the Chaplain Program, and other relevant accredited programs that are available; and (ii) provides examples of potential resources that are available outside of U.S. Immigration and Customs Enforcement, which may include, faith-based and community-based resources; and (C) provide additional training to first line supervisors of relevant employees on recognizing the signs referred to in subparagraph (A) and the appropriate responses to employees exhibiting such signs; (2) include training modules that are carried out by— (A) licensed and accredited clinicians who— (i) have been trained on the exposure of various forms of trauma and other stressors experienced in working with victims; and (ii) may have experience working with faith-based organizations, community-based organizations, counseling programs, or other social service programs; and (B) additional subject matter experts who are available; and (3) be overseen and coordinated by the Department of Homeland Security Center for Countering Human Trafficking to ensure that— (A) appropriate program materials are distributed; (B) training is offered to all relevant employees; and (C) any needed travel and equipment is provided.", "id": "idEBEA3185586A4D57AA97D0438E30CFF2", "header": "Investigators Maintain Purposeful Awareness to Combat Trafficking Trauma Program" }, { "text": "3. Homeland Security Investigations Victim Assistance Program \n(a) In general \nSubtitle D of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 251 et seq. ) is amended by adding at the end the following: 447. Homeland Security Investigations Victim Assistance Program \n(a) Definitions \nIn this section: (1) Forensic interview specialist \nThe term forensic interview specialist is an interview professional who has specialized experience and training in conducting trauma-informed forensic interviews with victims of crime. (2) Victim \nThe term victim has the meaning given such term in section 503(e)(2) of the Victims’ Rights and Restitution Act of 1990 ( 34 U.S.C. 20141(e)(2) ). (3) Victim assistance specialist \nThe term victim assistance specialist is a victim assistance professional who— (A) has experience working with victims of crime in a service capacity; (B) has been trained on the exposure of various forms of trauma and other stressors experienced in working with victims; and (C) may have experience working with local government and community-based organizations, including victim advocacy centers, child advocacy centers, child welfare agencies, faith-based organizations, and other social service programs. (b) In general \nThere is established, in Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Victim Assistance Program. (c) Functions \nThe Victim Assistance Program shall— (1) provide oversight, guidance, training, travel, equipment, and coordination to Homeland Security Investigations victim assistance personnel throughout the United States; (2) recruit not fewer than— (A) 1 forensic interview specialist and 1 victim assistance specialist for each Homeland Security Investigations Special Agent in Charge office; (B) 1 victim assistance specialist for— (i) every Homeland Security Investigations office participating in a human trafficking task force; and (ii) every Homeland Security Investigations office participating in a child sexual exploitation task force; (3) support Homeland Security Investigations regional attaché offices, to the extent necessary; (4) provide training regarding victims’ rights, victim-related policies, roles of forensic interviewers and victim assistance specialists, and an approach that is— (A) victim-centered; (B) trauma-informed; and (C) linguistically appropriate, to the extent feasible; and (5) purchase emergency items that are needed to assist identified victims in Homeland Security Investigations criminal investigations, including food, clothing, hygiene products, transportation, and temporary shelter that is not otherwise provided by a nongovernmental organization.. (b) Technical and conforming amendments \nThe Homeland Security Act of 2002 ( Public Law 107–296 ) is amended— (1) in section 1(b) ( 6 U.S.C. 101 note)— (A) by striking the item relating to section 442 and inserting the following: Sec. 442. U.S. Immigration and Customs Enforcement. ; and (B) by inserting after the item relating to section 446 the following: Sec. 447. Homeland Security Investigations Victim Assistance Program. ; (2) in section 442— (A) by amending the section heading to read as follows: U.S. Immigration and Customs Enforcement ; (B) by striking bureau each place such term appears (except in subsection (a)(1)) and inserting agency ; (C) by striking the Bureau of Border Security each place such term appears and inserting U.S. Immigration and Customs Enforcement ; (D) in subsection (a)— (i) in the subsection heading, by striking of Bureau ; (ii) in paragraph (3)(C), by striking affecting the Bureau of and inserting affecting U.S. ; and (iii) in paragraph (4), by striking the Bureau. and inserting the agency. ; and (E) in subsection (b)(2)— (i) in the matter preceding subparagraph (A), by striking Bureau of Border Security and inserting U.S. Immigration and Customs Enforcement ; and (ii) in subparagraph (B), by striking the Bureau of before Citizenship and Immigration Services and inserting U.S. ; and (3) in section 443(2), by striking such bureau and inserting such agency.", "id": "id9031f05e-86de-473c-8875-f06d7ec68552", "header": "Homeland Security Investigations Victim Assistance Program" }, { "text": "447. Homeland Security Investigations Victim Assistance Program \n(a) Definitions \nIn this section: (1) Forensic interview specialist \nThe term forensic interview specialist is an interview professional who has specialized experience and training in conducting trauma-informed forensic interviews with victims of crime. (2) Victim \nThe term victim has the meaning given such term in section 503(e)(2) of the Victims’ Rights and Restitution Act of 1990 ( 34 U.S.C. 20141(e)(2) ). (3) Victim assistance specialist \nThe term victim assistance specialist is a victim assistance professional who— (A) has experience working with victims of crime in a service capacity; (B) has been trained on the exposure of various forms of trauma and other stressors experienced in working with victims; and (C) may have experience working with local government and community-based organizations, including victim advocacy centers, child advocacy centers, child welfare agencies, faith-based organizations, and other social service programs. (b) In general \nThere is established, in Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Victim Assistance Program. (c) Functions \nThe Victim Assistance Program shall— (1) provide oversight, guidance, training, travel, equipment, and coordination to Homeland Security Investigations victim assistance personnel throughout the United States; (2) recruit not fewer than— (A) 1 forensic interview specialist and 1 victim assistance specialist for each Homeland Security Investigations Special Agent in Charge office; (B) 1 victim assistance specialist for— (i) every Homeland Security Investigations office participating in a human trafficking task force; and (ii) every Homeland Security Investigations office participating in a child sexual exploitation task force; (3) support Homeland Security Investigations regional attaché offices, to the extent necessary; (4) provide training regarding victims’ rights, victim-related policies, roles of forensic interviewers and victim assistance specialists, and an approach that is— (A) victim-centered; (B) trauma-informed; and (C) linguistically appropriate, to the extent feasible; and (5) purchase emergency items that are needed to assist identified victims in Homeland Security Investigations criminal investigations, including food, clothing, hygiene products, transportation, and temporary shelter that is not otherwise provided by a nongovernmental organization.", "id": "id84ae64fb-2474-4f33-bac4-3a07319c5825", "header": "Homeland Security Investigations Victim Assistance Program" }, { "text": "4. Annual report \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit a report to Congress that identifies, with respect to the reporting period— (1) the number of trainings that were provided through the IMPACTT Program and the number of personnel who received such training; and (2) the number of human trafficking victims who were assisted by the Homeland Security Investigations Victim Assistance Program.", "id": "id004f0e22-c6d3-4208-879a-214deb2e1a72", "header": "Annual report" } ]

[ { "text": "1. Short title \nThis Act may be cited as the State Accountability, Flexibility, and Equity for Hospitals Act of 2023 or the SAFE Hospitals Act of 2023.", "id": "S1", "header": "Short title" }, { "text": "2. Determination of State DSH allotments based on State poverty levels \nSection 1923(f) of the Social Security Act ( 42 U.S.C. 1396r–4(f) ) is amended— (1) in paragraph (3)— (A) in the paragraph heading, by striking year 2003 and thereafter and inserting years 2003 through 2025 ; (B) in subparagraph (A)— (i) by striking , (7), and (8) and inserting and (7) ; and (ii) by inserting through fiscal year 2025 after each succeeding fiscal year ; (C) in subparagraph (C)(ii), by inserting through fiscal year 2025 after each succeeding fiscal year ; and (D) in subparagraph (E)(i)(III), by inserting or paragraph (7), as applicable, after this paragraph ; (2) in paragraph (4)(C), by inserting or paragraph (7), as applicable, after paragraph (3) ; (3) in paragraph (5)(B)— (A) in the subparagraph heading, by striking and subsequent fiscal years and inserting through fiscal year 2025 ; and (B) in clause (iii), by inserting through fiscal year 2025 after any subsequent fiscal year ; (4) in clause (iii) of paragraph (6)(B)— (A) in the clause heading, by inserting through fiscal year 2025 after succeeding fiscal years ; and (B) in subclause (II)— (i) in the subclause heading, by inserting through fiscal year 2025 after succeeding fiscal years ; and (ii) by inserting through fiscal year 2025 after each fiscal year thereafter ; (5) by striking paragraphs (7) and (8) and inserting the following: (7) State DSH allotments for fiscal years after fiscal year 2025 \n(A) In general \nSubject to subparagraphs (B), (C), and (D), beginning with fiscal year 2026, the DSH allotment for a State and fiscal year shall be the amount equal to the product of— (i) the State poverty ratio (as determined under subparagraph (E)(ii)) for the State and fiscal year; and (ii) the DSH allotment cap (as determined under subparagraph (E)(i)) for the fiscal year. (B) Phase-in of poverty-based formula \n(i) In general \nDuring the period of fiscal years described in clause (ii), the Secretary shall phase in the application of the determination of DSH allotments under subparagraph (A) in a manner that ensures that— (I) in no case is the DSH allotment for a State for a fiscal year during such period less than 90 percent of the DSH allotment for the State for the previous fiscal year (without regard to whether the State used the full amount of the DSH allotment for the previous fiscal year); and (II) the total amount of DSH allotments made to all States for any fiscal year during such period does not exceed the DSH allotment cap determined for the fiscal year under subparagraph (E)(i). (ii) Phase-in period \nThe period of fiscal years described in this clause is the period that begins with fiscal year 2026 and ends with— (I) fiscal year 2035; or (II) at the Secretary's discretion, any of fiscal years 2036 through 2040. (iii) Development of methodology \nThe Secretary shall promulgate final regulations that establish the methodology for determining State DSH allotments under clause (i) not later than January 1, 2025. (C) State allotment flexibility option \n(i) In general \nA State may elect to increase or reduce the amount of the DSH allotment for the State and a fiscal year (as otherwise determined under this paragraph) for the purpose of providing certainty or more consistent DSH funding in subsequent fiscal years in accordance with this subparagraph. (ii) State option to reserve allotment amounts \nFor any fiscal year after fiscal year 2025, a State may request that the DSH allotment for the State and fiscal year (as otherwise determined under this paragraph) be reduced by an amount that shall not exceed 10 percent of the amount of the allotment as so determined. (iii) State option to increase DSH allotment from allotment reserve \nFor any fiscal year after fiscal year 2026, a State may request that the DSH allotment for the State and fiscal year (as otherwise determined under this paragraph) be increased by an amount that shall not exceed the DSH reserve amount for the State and fiscal year. (iv) DSH reserve amount \n(I) In general \nSubject to subclause (II), the DSH reserve amount for a State and fiscal year shall be equal to the sum of the amounts, if any, of any reductions to the State's DSH allotment (as otherwise determined under this paragraph) made in each of the preceding 5 fiscal years pursuant to a request under clause (ii). (II) Subtraction of increases from DSH reserve amount \nThe amount of any increase to a State's DSH allotment for a fiscal year made pursuant to a request under clause (iii) shall be subtracted from the State's DSH reserve amount for such year and shall not be available to the State in subsequent fiscal years. (III) Rule of application \nIn the case of an increase to a State's DSH allotment for a fiscal year that is less than the State's DSH reserve amount for such year, the Secretary shall apply subclause (II) in a manner that maximizes the DSH reserve amount that will remain available to the State in subsequent fiscal years. (v) Disregard of adjustments \nAny increase or reduction under this subparagraph to the DSH allotment of a State for a fiscal year shall be disregarded when otherwise determining State DSH allotments under this paragraph. (D) Treatment of waivers \n(i) In general \nSubject to clause (ii), with respect to a State and a fiscal year, if the State has in effect on the date of enactment of the SAFE Hospitals Act of 2023 a statewide waiver of requirements of this title under section 1115 or other law and any part of the fiscal year occurs during the period of the waiver (as approved as of such date), the DSH allotment determined under this paragraph for such State and fiscal year shall not be less than the DSH allotment that would have been determined for such State and fiscal year under this section as in effect on the day before the date of enactment of the SAFE Hospitals Act of 2023 , reduced, in the case of each of fiscal years 2026 through 2029, by the amount of the State's share of the reductions which would have been applicable for the fiscal year under paragraph (7) of this subsection (as so in effect), as estimated by the Secretary. (ii) Total allotments not to exceed DSH allotment cap \nThe Secretary shall apply this subparagraph in such a manner that the total amount of DSH allotments determined for all States for a fiscal year under this paragraph does not exceed DSH allotment cap determined for the fiscal year under subparagraph (E)(i). (iii) Nonapplication \nClause (i) shall not apply— (I) with respect to a State that has in effect a waiver described in such clause if the State elects, through a revision of such waiver, that such clause will not apply; or (II) with respect to any part of a fiscal year that occurs after the expiration (determined without regard to any extension approved after the date of the enactment of the State Accountability, Flexibility, and Equity for Hospitals Act of 2023 ) of such a waiver. (iv) No effect on waiver authority \nNothing in this subsection shall be construed as preventing the Secretary from approving a waiver under section 1115 or other law with respect to requirements under this title related to a State's use of its DSH allotment for a fiscal year. (E) Definitions \nIn this paragraph: (i) DSH allotment cap \nThe term DSH allotment cap means, with respect to a fiscal year, the amount equal to the total amount of the DSH allotments that would have been determined for all States for the fiscal year under this section as in effect on the day before the date of enactment of the SAFE Hospitals Act of 2023 , reduced, in the case of fiscal years 2026 through 2029, by the aggregate amount of the reductions which would have been applicable for the fiscal year under paragraph (7) of this subsection (as so in effect). (ii) State poverty ratio \nThe term State poverty ratio means, with respect to a State and fiscal year, the ratio of— (I) the number of individuals in the State in the most recent fiscal year for which census data are available whose income (as determined under section 1902(e)(14) (relating to modified adjusted gross income) and without regard to whether an individual's income eligibility for medical assistance is determined under such section) was less than 100 percent of the poverty line (as defined in section 2110(c)(5)) applicable to a family of the size involved; to (II) the number of individuals in all States in the most recent fiscal year for which census data are available whose income (as so determined) was less than 100 percent of the poverty line (as so defined) applicable to the family of the size involved. ; and (6) by redesignating paragraph (9) as paragraph (8).", "id": "id9FD1B39B50274D508E43892E2703D4CB", "header": "Determination of State DSH allotments based on State poverty levels" }, { "text": "3. Prioritizing disproportionate share hospital payments based on Medicaid inpatient utilization and low-income utilization rates \n(a) In general \nSection 1923 of the Social Security Act ( 42 U.S.C. 1396r–4 ) is amended— (1) in subsection (a)(2)(D), by inserting (which, as of October 1, 2025, shall meet the requirements of subsection (k)) after methodology ; (2) in subsection (c), by striking and (g) and inserting , (g), and, beginning on October 1, 2025, (k) ; (3) in subsection (d)(2)(A)— (A) in clause (i), by striking ; or and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following new clause: (iii) that is an institution for mental diseases. ; and (4) by adding at the end the following new subsection: (k) State methodology requirements \n(1) In general \nSubject to paragraph (4), a State methodology for identifying and making payments to disproportionate share hospitals meets the requirements of this subsection if— (A) the methodology is uniformly applied statewide; (B) the methodology identifies each hospital in the State that is described in a disproportionate share hospital tier (as defined in paragraph (2)); and (C) in making payments to disproportionate share hospitals, the methodology meets the requirements of paragraph (3). (2) Disproportionate share hospital tiers \nThe term disproportionate share hospital tier means each of the following: (A) Tier 1 hospitals \nA category of hospitals (referred to in this section as tier 1 hospitals ) in which each hospital satisfies— (i) each of the criteria described in clause (ii) of subparagraph (B); and (ii) one or more of the following criteria: (I) The hospital has a Medicaid inpatient utilization rate (as defined in subsection (b)(2)) that is not less than 2 standard deviations above the mean Medicaid inpatient utilization rate for hospitals receiving Medicaid payments in the State. (II) The hospital has a low-income utilization rate (as defined in subsection (b)(3)) of not less than 40 percent. (III) More than 70 percent of the inpatient days for which payments are received by the hospital are paid for under the Medicare program under title XVIII, the Medicaid program under this title, or the Children's Health Insurance Program under title XXI. (B) Tier 2 hospitals \nA category of hospitals (referred to in this section as tier 2 hospitals ) in which each hospital— (i) is not described in the previous subparagraph; and (ii) satisfies one or more of the following criteria: (I) The hospital has a Medicaid inpatient utilization rate (as defined in subsection (b)(2)) that is not less than 1.5 standard deviations above the mean Medicaid inpatient utilization rate for hospitals receiving Medicaid payments in the State. (II) The hospital has a low-income utilization rate (as defined in subsection (b)(3)) of not less than 35 percent. (III) The hospital has the largest number of inpatient days attributable to individuals entitled to benefits under the State plan of any hospital in such State for the previous State fiscal year. (C) Tier 3 hospitals \nA category of hospitals (referred to in this section as tier 3 hospitals ) in which each hospital— (i) is not described in a previous subparagraph; and (ii) satisfies one or more of the following criteria: (I) The hospital has a Medicaid inpatient utilization rate (as defined in subsection (b)(2)) that is not less than the mean Medicaid inpatient utilization rate for hospitals receiving Medicaid payments in the State. (II) The hospital has a low-income utilization rate (as defined in subsection (b)(3)) of not less than 25 percent. (D) Tier 4 hospitals \nA category of hospitals (referred to in this section as tier 4 hospitals ) in which each hospital— (i) is not described in a previous subparagraph; and (ii) satisfies the requirement described in subsection (d)(3). (3) Payment methodology requirements \n(A) Prioritization of hospitals \nIn making disproportionate share hospital payments, a State methodology shall prioritize hospitals in the following order: (i) Tier 1 hospitals shall receive the highest priority. (ii) Tier 2 hospitals shall receive the second-highest priority. (iii) Tier 3 hospitals shall receive the third-highest priority. (iv) Tier 4 hospitals shall receive the fourth-highest priority. (B) Factors \nThe methodology specifies the factors that will be considered in determining the amount of a disproportionate share hospital payment to be made to a hospital, which may include— (i) the hospital's net operating margins (including past net operating margins); (ii) past disproportionate share hospital payments to the hospital; (iii) whether the hospital was affected by a major disaster (as declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act) in the 12 months prior to the payment; and (iv) other relevant factors, as determined by the State (subject to the approval of the Secretary). (C) Consideration of financial circumstances of high tier hospitals \n(i) In general \nThe State shall certify that the State methodology adequately considers the unique financial circumstances of tier 1 hospitals and tier 2 hospitals, and takes necessary steps to mitigate net operating losses by such hospitals. (ii) Guidance \n(I) In general \nNot later than 18 months after the date of enactment of the SAFE Hospitals Act of 2023 , the Secretary shall issue guidance to States outlining methods that States may use to satisfy the requirement of this subparagraph. (II) State alternatives \nSubject to the approval of the Secretary, a State may develop an alternative method for satisfying the requirement of this subparagraph. (D) Treatment of IMDs and CAHs \nThe State shall specify how the methodology prioritizes institutions for mental diseases and critical access hospitals (as defined in section 1861(mm)(1)), but in no case shall institutions for mental diseases or critical access hospitals receive a higher priority than tier 1 hospitals. (E) State authority to reclassify hospitals \nSubject to the approval of the Secretary, for purposes of prioritizing disproportionate share payments under a State methodology under this subsection, a State may treat up to 15 percent of all disproportionate share hospitals in the State, excluding institutions for mental diseases, as belonging to a different disproportionate share hospital tier than the tier in which the hospitals are described under paragraph (2). (F) Rule of construction \nNothing in this subsection shall be construed as requiring a State to apply a uniform payment methodology to all hospitals within a disproportionate share hospital tier. (4) Methodology for States with fewer than 15 disproportionate share hospitals \n(A) In general \nIn the case of a State that has fewer than 15 disproportionate share hospitals, the State shall use the methodology for identifying and making payments to disproportionate share hospitals that is developed by the Secretary under subparagraph (B). (B) Development of methodology \nNot later than 18 months after the date of enactment of the SAFE Hospitals Act of 2023 , the Secretary shall develop a methodology for identifying and making payments to disproportionate share hospitals for States that have fewer than 15 disproportionate share hospitals that prioritizes DSH payments to hospitals with disproportionately high volumes of Medicaid patients and low-income patients. (5) No effect on waiver authority \nNothing in this subsection shall be construed as preventing the Secretary from approving a waiver under section 1115 or other law with respect to requirements under this subsection related to the methodology used by States to identify and make payments to disproportionate share hospitals.. (b) Modification of cap on individual DSH payments \nSection 1923(g)(1)(A)(i) of the Social Security Act ( 42 U.S.C. 1396r–4(g)(1)(A)(i) ) is amended by inserting (including any costs incurred by the hospital during the year that are associated with subsidizing a physician or a clinic or other health center that is owned and operated by, controlled by, or in common control with the hospital for the purpose of providing care to such individuals) after individuals described in subparagraph (B). (c) Modification of DSH qualification requirements \n(1) In general \nSection 1923(d)(3) of the Social Security Act ( 42 U.S.C. 1396r–4(d)(3) ) is amended by striking unless the hospital and all that follows through the period and inserting the following: “unless the hospital— (A) has a Medicaid inpatient utilization rate (as defined in subsection (b)(2)) that is not more than 1 standard deviation below the mean Medicaid inpatient utilization rate for hospitals receiving Medicaid payments in the State; (B) has a low-income utilization rate (as defined in subsection (b)(3)) that is not less than 10 percent; or (C) is a critical access hospital (as defined in section 1861(mm)(1)).. (2) Effective date \nThe amendments made by this subsection shall take effect on October 1, 2025.", "id": "idF30BF8323E704233854B34D0F94C34A7", "header": "Prioritizing disproportionate share hospital payments based on Medicaid inpatient utilization and low-income utilization rates" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Facial Recognition and Biometric Technology Moratorium Act of 2023.", "id": "S1", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Biometric surveillance system \nThe term biometric surveillance system means any computer software that performs facial recognition or other remote biometric recognition in real time or on a recording or photograph. (2) Byrne grant program \nThe term Byrne grant program means the grant program authorized under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq. ), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (3) Facial recognition \nThe term facial recognition means an automated or semi-automated process that— (A) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the physical characteristics of the individual’s face; or (B) logs characteristics of an individual’s face, head, or body to infer emotion, associations, activities, or the location of an individual. (4) Federal official \nThe term Federal official means any officer, employee, agent, contractor, or subcontractor of the United States Government. (5) In the united states \nThe term in the United States means all areas within the external boundary of the United States, its territories and possessions, including airports, ports of entry, and border zones. (6) Other remote biometric recognition \nThe term other remote biometric recognition — (A) means an automated or semi-automated process that— (i) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the characteristics of the individual’s gait or other immutable characteristic ascertained from a distance; (ii) uses voice recognition technology; or (iii) logs such characteristics to infer emotion, associations, activities, or the location of an individual; and (B) does not include identification based on fingerprints or palm prints. (7) Voice recognition technology \nThe term voice recognition technology means the automated or semi-automated process that assists in identifying or verifying an individual based on the characteristics of an individual’s voice.", "id": "id48A74D278B5445EA9BFE54BBA8DF6C5A", "header": "Definitions" }, { "text": "3. Prohibition on Federal Government use of biometric surveillance \n(a) In general \nExcept as provided in subsection (b), it shall be unlawful for any Federal agency or Federal official, in an official capacity, to acquire, possess, access, or use in the United States— (1) any biometric surveillance system; or (2) information derived from a biometric surveillance system operated by another entity. (b) Exception \nThe prohibition set forth in subsection (a) does not apply to activities explicitly authorized by an Act of Congress that describes, with particularity— (1) the entities permitted to use the biometric surveillance system, the specific type of biometric authorized, the purposes for such use, and any prohibited uses; (2) standards for use and management of information derived from the biometric surveillance system, including data retention, sharing, access, and audit trails; (3) auditing requirements to ensure the accuracy of biometric surveillance system technologies, standards for minimum accuracy rates, and accuracy rates by gender, skin color, and age; (4) rigorous protections for due process, privacy, free speech and association, and racial, gender, and religious equity; and (5) mechanisms to ensure compliance with the provisions of the Act. (c) Judicial investigations and proceedings \n(1) Admissibility \nExcept in a judicial investigation or proceeding alleging a violation of this section, information obtained in violation of this section is not admissible by the Federal Government in any criminal, civil, administrative, or other investigation or proceeding. (2) Cause of action \n(A) In general \nA violation of this section constitutes an injury to any individual aggrieved by a violation of this Act. (B) Right to sue \nAn individual described in subparagraph (A) may institute proceedings against the Federal Government whose official is alleged to have violated this section for the relief described in subparagraph (D) in any court of competent jurisdiction. (C) Enforcement by state attorneys general \nThe chief law enforcement officer of a State, or any other State officer authorized by law to bring actions on behalf of the residents of a State, may bring a civil action, as parens patriae, on behalf of the residents of that State in an appropriate district court of the United States to enforce this Act, whenever the chief law enforcement officer or other State officer has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this Act. (D) Relief \nIn a civil action brought under subparagraph (B) in which the plaintiff prevails, the court may award— (i) actual damages; (ii) punitive damages; (iii) reasonable attorneys’ fees and costs; and (iv) any other relief, including injunctive relief, that the court determines to be appropriate. (d) Civil penalties \nAny Federal official who is found to have violated this section may be subject to retraining, suspension, termination, or any other penalty, as determined in an appropriate tribunal, subject to applicable due process requirements. (e) Federal funding \n(1) In general \nNo Federal funds may be obligated or expended by a Federal law enforcement agency for the purchase or use of a biometric surveillance system. (2) Unallocated funds \nNo Federal agency may use any unallocated funds appropriated to the agency for the purchase or use of a biometric surveillance system. (f) Rules of construction \nNothing in this section may be construed— (1) to prohibit the National Institute of Standards and Technology (NIST) from testing or researching biometric surveillance systems or other remote biometric recognition technologies in commercial use; or (2) to preempt or supersede any Federal, State, or local law that imposes a more stringent limitation than the limitations described in this section.", "id": "idD9021149D3D3414EAFFD6AC51B9E6F7A", "header": "Prohibition on Federal Government use of biometric surveillance" }, { "text": "4. Moratorium on State and local government use of biometric surveillance systems \n(a) Federal financial assistance \nBeginning on the first day of the first fiscal year beginning after the date of the enactment of this Act, a State or unit of local government is ineligible to receive Federal financial assistance under the Byrne grant program unless the State or unit of local government is complying with a law or policy that is substantially similar to the prohibition set forth in section 3(a). (b) Rule of construction \nNothing in this section may be construed to preempt or supersede any Federal, State, or local law that imposes a more stringent limitation than the prohibition set forth in section 3(a).", "id": "idD409EAC010264E63B656A335A6E8F3B1", "header": "Moratorium on State and local government use of biometric surveillance systems" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Credit Union Board Modernization Act.", "id": "HA5FB1F9939C2469EA6DF2B5263795964", "header": "Short title" }, { "text": "2. Frequency of board of directors meetings \nSection 113 of the Federal Credit Union Act ( 12 U.S.C. 1761b ) is amended— (1) in paragraph (15), by striking monthly each place the term appears; (2) in the matter preceding paragraph (1), by striking The board of directors and inserting the following: (a) In general \nThe board of directors ; (3) in subsection (a), as so designated, in the matter preceding paragraph (1), by striking shall meet at least once a month and ; and (4) by adding at the end the following: (b) Meetings \nThe board of directors of a Federal credit union shall meet as follows: (1) Not less frequently than monthly during the 5-year period beginning on the date on which the organization certificate of the Federal credit union is approved. (2) After the expiration of the 5-year period described in paragraph (1)— (A) not less frequently than 6 times annually, with at least 1 meeting held during each fiscal quarter, with respect to a Federal credit union— (i) with composite rating of 1 or 2 under the Uniform Financial Institutions Rating System (or an equivalent rating under a comparable rating system); and (ii) with a capability of management rating under the composite rating described in clause (i) of 1 or 2; and (B) not less frequently than monthly, with respect to a Federal credit union— (i) with composite rating of 3, 4, or 5 under the Uniform Financial Institutions Rating System (or an equivalent rating under a comparable rating system); or (ii) with a capability of management rating under the composite rating described in clause (i) of 3, 4, or 5..", "id": "HB3DB14B93856426EA24F90B5FF194C50", "header": "Frequency of board of directors meetings" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Expanding Local Meat Processing Act of 2023.", "id": "HD60B23542B694AB8B82E37AA303AE80A", "header": "Short title" }, { "text": "2. Allowed interest of certain packers in market agencies \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall revise section 201.67 of title 9, Code of Federal Regulations (as in effect on the date of enactment of this Act), to exempt the packers described in subsection (b) from the prohibition described in that section. (b) Packers described \nA packer referred to in subsection (a) is a packer that— (1) with respect to cattle or sheep, has a cumulative slaughter capacity of less than— (A) 2,000 animals per day; or (B) 700,000 animals per year; and (2) with respect to hogs, has a cumulative slaughter capacity of less than— (A) 10,000 animals per day; or (B) 3,000,000 animals per year.", "id": "H749CCA38230E4554B0ED667B1264AA96", "header": "Allowed interest of certain packers in market agencies" } ]

[ { "text": "1. Increased limitation for biomass stoves and boilers under energy efficient home improvement credit \n(a) In general \nSection 25C(b)(5) of the Internal Revenue Code of 1986 is amended— (1) by striking shall not, in the aggregate, exceed and all that follows and inserting the following: shall not exceed— (A) with respect to amounts paid or incurred, in the aggregate, for property described in clauses (i) and (ii) of subsection (d)(2)(A), $2,000, and (B) with respect to amounts paid or incurred, in the aggregate, for property described in subsection (d)(2)(B), $8,000.. (b) Effective date \nThe amendment made by this section shall apply to property placed in service after December 31, 2022.", "id": "id063ad27de8cf40e2ab8ccd55f7ccac20", "header": "Increased limitation for biomass stoves and boilers under energy efficient home improvement credit" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Respect for Workers Act.", "id": "idAD88853C3E064D588E602A1F042291F6", "header": "Short title" }, { "text": "2. Board of Governors of the Federal Reserve System \nThe Federal Reserve Act ( 12 U.S.C. 221 et seq. ) is amended— (1) in section 2B(b) ( 12 U.S.C. 225b(b) ), by inserting and distributional effect after conduct ; and (2) in section 10 ( 12 U.S.C. 241 ), in the third sentence of the first undesignated paragraph, by inserting and at least 1 member with demonstrated primary experience in supporting or protecting the rights of workers, who shall be the lead member of the Board in charge of promoting effectively and developing policy recommendations for the Board to meet the goal of maximum employment described in section 2A before the period at the end.", "id": "id6be829787b5d4446a549e26c7c42057c", "header": "Board of Governors of the Federal Reserve System" }, { "text": "3. Applicability \nThe amendment made by section 2(2) shall apply to any appointment to the Board of Governors of the Federal Reserve System made on or after the date of enactment of this Act.", "id": "id2271afbb9c2849eebd0af0f0780c36a4", "header": "Applicability" } ]

[ { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Women’s Public Health and Safety Act.", "id": "H77187FD11649407598850D53581BC8C3", "header": "Short title" }, { "text": "2. Increasing State flexibility in determining participation of providers who perform, or participate in the performance of, abortions \nSection 1902 of the Social Security Act ( 42 U.S.C. 1396a ), as amended by section 5131 of the Health Extenders, Improving Access to Medicare, Medicaid, and CHIP, and Strengthening Public Health Act of 2022, is amended— (1) in subsection (a)(23), by striking subsection (g) and inserting subsections (g) and (uu), ; and (2) by adding at the end the following new subsection: (uu) Rules with respect to determination of participation of providers who perform, or participate in the performance of, abortions \n(1) In general \nSubject to paragraph (2), for purposes of this title, a State, at its option, may establish criteria with respect to the participation under the State plan (or a waiver of such plan) of an institution, an agency, an entity, or a person who performs, or participates in the performance of, abortions. (2) Exception \nParagraph (1) shall not apply to an abortion— (A) if the pregnancy is the result of an act of rape or incest; or (B) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. (3) Definitions \nFor purposes of this subsection, the terms institution , agency , or entity mean the entire legal institution, agency, or entity, or any part thereof, including any institution, agency, or entity that controls, is controlled by, or is under common control with such institution, agency, or entity..", "id": "H6DAF839F6C6B4E57ADA19D3FF3BA1CCE", "header": "Increasing State flexibility in determining participation of providers who perform, or participate in the performance of, abortions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Students Helping Young Students Act of 2023.", "id": "H7B126CDAFC2940669C0F6A6ADF8AD326", "header": "Short title" }, { "text": "2. Community services defined \nSection 441(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1087–51(c) ) is amended— (1) by striking and at the end of paragraph (3); (2) by striking the period and inserting and at the end of paragraph (4)(C); and (3) by adding at the end the following: (5) after-school activities, as defined in section 443(f)..", "id": "HA4227B54361641D8AB1DDD0CBA5304A2", "header": "Community services defined" }, { "text": "3. Grants for Federal work-study program \nSection 443 of the Higher Education Act of 1965 ( 20 U.S.C. 1087–53 ) is amended— (1) in subsection (b)(2)(A), by inserting or after-school activity (as described in subsection (f)) after subsection (d)) ; (2) in subsection (d)— (A) in paragraph (1)— (i) in the subsection heading, by striking Use and inserting Required Use ; and (ii) by inserting that is not carrying out subsection (f) for such year after an institution ; and (B) by adding at the end the following: (4) Authorized use of funds \nIn any academic year to which subsection (b)(2)(A) applies, an institution that is carrying out subsection (f) may also use funds granted to such institution under this section in accordance with this subsection. ; and (3) by adding at the end the following: (f) After-School Activities \n(1) Use of Funds \nIn any academic year to which subsection (b)(2)(A) applies— (A) an institution that is not carrying out subsection (d) for such year shall ensure funds granted to such institution under this section are used in accordance with this subsection to compensate (including compensation for time spent in training and travel directly related to after school activities) students employed in after-school activities of eligible schools; and (B) an institution that is carrying out subsection (d) for such year may also use funds granted to such institution under this section in accordance with this subsection to compensate the students described in subparagraph (A). (2) Registration Process \nNot later than 180 days after the date of enactment of the Students Helping Young Students Act of 2023 , the Secretary shall inform eligible schools about the work-study program described in paragraph (1), and establish and carry out a process for eligible schools to register to participate in such program. (3) Implementation \nThe Secretary shall establish any standards necessary for participation in— (A) the work-study program described in paragraph (1); and (B) the registration process described in paragraph (2). (4) Priority for Schools \nTo the extent practicable, an institution shall— (A) give priority to eligible schools serving a low-income community; and (B) ensure that any student compensated with funds described in paragraph (1) receives appropriate training to carry out the educational services required. (5) Federal Share \nThe Federal share of the compensation for work-study students compensated under this subsection may exceed 75 percent. (6) Definitions \nFor purposes of this subsection: (A) The term after-school activities — (i) means activities that take place after school, before school, or out of school (in the summer or during other vacations) that have an educational purpose; and (ii) includes such activities administered by— (I) an eligible school, including activities in which only the student population of such school is served; or (II) a community-based learning center or organization, nonprofit organization, or other center or organization that facilitates youth development activities, which partners with an eligible school. (B) The terms elementary school and secondary school have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (C) The term eligible school means a public elementary school or secondary school. (D) The term low-income community has the meaning given the term in section 428K(g)(6)..", "id": "H80103CC252D74CA9B691554377E211A1", "header": "Grants for Federal work-study program" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Graduation Reporting for Accuracy and Decision-Making Act or the GRAD Act.", "id": "H186FD44210704D88B687F4421A8DB770", "header": "Short title" }, { "text": "2. Consumer information about completion or graduation times \n(a) Transparency in college tuition for consumers \nSection 132(i)(1)(J) of the Higher Education Act of 1965 ( 20 U.S.C. 1015a(i)(1)(J) ) is amended to read as follows: (J) (i) For programs of study 4 years of length or longer— (I) the percentages of first-time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (III) of clause (iii); (II) the percentages of first-time, part-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (III) of clause (iii); (III) the percentages of non-first time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (III) of clause (iii); and (IV) the percentages of non-first-time, part-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (III) of clause (iii). (ii) For programs of study less than 4 years— (I) the percentages of first-time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (IV) of clause (iii); (II) the percentages of first-time, part-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (IV) of clause (iii); (III) the percentages of non-first-time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (IV) of clause (iii); and (IV) the percentages of non-first-time, part-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (IV) of clause (iii). (iii) For purposes of this subparagraph, the times for completion or graduation are as follows: (I) The normal time for completion of, or graduation from, the student’s program. (II) 150 percent of the normal time for completion of, or graduation from, the student’s program. (III) 200 percent of the normal time for completion of, or graduation from, the student’s program. (IV) 300 percent of the normal time for completion of, or graduation from, the student’s program. (iv) In making publicly available the percentages described in this subparagraph, the Secretary shall display each percentage in a consistent manner and with equal visibility.. (b) Institutional and financial assistance information for students \nSection 485(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(a) ) is amended— (1) in paragraph (1), by striking subparagraph (L) and inserting the following: (L) each completion or graduation rate for each type of student and program described in clauses (i) and (ii) of section 132(i)(1)(J); ; and (2) in paragraph (3), by striking within 150 percent of the normal time for completion of or graduation from the program and inserting within the time for completion or graduation described in section 132(i)(1)(J) applicable to such student and such program.", "id": "H86E554BB17764027994219EB3341A92B", "header": "Consumer information about completion or graduation times" } ]

[ { "text": "1. Short title \nThis Act may be cited as the United States-Israel PTSD Collaborative Research Act.", "id": "S1", "header": "Short title" }, { "text": "2. Findings \nCongress makes the following findings: (1) The Department of Veterans Affairs reports that between 11 and 20 percent of veterans who served in Operation Iraqi Freedom and Operation Enduring Freedom have post-traumatic stress disorder (in this subsection referred to as PTSD ) in a given year. In addition, that figure amounts to about 12 percent of Gulf War veterans and up to 30 percent of Vietnam veterans. (2) The Department of Veterans Affairs reports that among women veterans of the conflicts in Iraq and Afghanistan, almost 20 percent have been diagnosed with PTSD. (3) It is thought that 70 percent of individuals in the United States have experienced at least one traumatic event in their lifetime, and approximately 20 percent of those individuals have struggled or continue to struggle with symptoms of PTSD. (4) Studies show that PTSD has links to homelessness and substance abuse in the United States. The Department of Veterans Affairs estimates that approximately 11 percent of the homeless population are veterans and the Substance Abuse and Mental Health Services Administration estimates that about seven percent of veterans have a substance abuse disorder. (5) Our ally Israel, under constant attack from terrorist groups, experiences similar issues with Israeli veterans facing symptoms of PTSD. The National Center for Traumatic Stress and Resilience at Tel Aviv University found that five to eight percent of combat soldiers experience some form of PTSD, and during wartime, that figure rises to 15 to 20 percent. (6) Current treatment options in the United States focus on cognitive therapy, exposure therapy, or eye movement desensitization and reprocessing, but the United States must continue to look for more effective treatments. Several leading hospitals, academic institutions, and nonprofit organizations in Israel dedicate research and services to treating PTSD.", "id": "H08B465F4D0974A31AD27A09955A1AB8A", "header": "Findings" }, { "text": "3. Grant program for increased cooperation on post-traumatic stress disorder research between United States and Israel \n(a) Sense of Congress \nIt is the sense of Congress that the Secretary of Defense, acting through the Psychological Health and Traumatic Brain Injury Research Program, should seek to explore scientific collaboration between academic institutions and nonprofit research entities in the United States and institutions in Israel with expertise in researching, diagnosing, and treating post-traumatic stress disorder. (b) Grant program \n(1) In general \nThe Secretary of Defense, in coordination with the Secretary of Veterans Affairs and the Secretary of State, shall award grants to eligible entities to carry out collaborative research between the United States and Israel with respect to post-traumatic stress disorders. (2) Agreement \nThe Secretary of Defense shall carry out the grant program under this section in accordance with the Agreement on the United States-Israel binational science foundation with exchange of letters, signed at New York September 27, 1972, and entered into force on September 27, 1972. (c) Eligible entities \nTo be eligible to receive a grant under this section, an entity shall be an academic institution or a nonprofit entity located in the United States. (d) Award \nThe Secretary shall award grants under this section to eligible entities that— (1) carry out a research project that— (A) addresses a requirement in the area of post-traumatic stress disorders that the Secretary determines appropriate to research using such grant; and (B) is conducted by the eligible entity and an entity in Israel under a joint research agreement; and (2) meet such other criteria that the Secretary may establish. (e) Application \nTo be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such commitments and information as the Secretary may require. (f) Gift authority \n(1) In general \nThe Secretary may accept, hold, and administer any gift of money made on the condition that the gift be used for the purpose of the grant program under this section. (2) Deposit \nGifts of money accepted under paragraph (1) shall be deposited in the Treasury in the Department of Defense General Gift Fund and shall be available, subject to appropriation, without fiscal year limitation. (g) Reports \nNot later than 180 days after the date on which an eligible entity completes a research project using a grant under this section, the Secretary shall submit to Congress a report that contains— (1) a description of how the eligible entity used the grant; and (2) an evaluation of the level of success of the research project. (h) Termination \nThe authority to award grants under this section shall terminate on the date that is seven years after the date on which the first such grant is awarded.", "id": "id9C1FE7A7281745E8873FE9259C447DE1", "header": "Grant program for increased cooperation on post-traumatic stress disorder research between United States and Israel" } ]