Datasets:

cheaptrix

/

UnitedStatesSenateBillsAndSummaries

like 0

Improving Government Efficiency and Workforce Development through Federal Executive Boards Act of 2023 This bill addresses the perpetuation, administration, and funding of Federal Executive Boards. Specifically, the Office of Personnel Management (OPM), in coordination with the Office of Management and Budget (OMB) and the General Services Administration (GSA), shall continue to support the existence of the Federal Executive Boards in geographic areas outside the District of Columbia (DC) metropolitan area. Federal Executive Board means an interagency entity established by OPM, in coordination with OMB and GSA; located in a geographic area with a high concentration of federal employees outside the DC metropolitan area; focused on strengthening the management and administration of agency activities and coordination among local federal officers to implement national initiatives in that geographic area. OPM must develop a set of criteria to establish and evaluate the number and locations of such boards that (1) factor in contemporary federal workforce data as of the date of this bill's enactment; and (2) is informed by annual changes in workforce data, including the geographic disbursement of the federal workforce and the role of remote work options. The bill sets forth provisions regarding administration and oversight, and governance and activities, of such boards. OPM, in coordination with OMB and GSA, must establish a Federal Executive Board Fund within OPM for financing essential board functions for the purposes of staffing and operating expenses.

118 S285 IS: Improving Government Efficiency and Workforce Development through Federal Executive Boards Act of 2023 U.S. Senate 2023-02-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 285 IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Peters Mr. Cornyn Mr. Padilla Committee on Homeland Security and Governmental Affairs A BILL To provide for the perpetuation, administration, and funding of Federal Executive Boards, and for other purposes. 1. Short title This Act may be cited as the Improving Government Efficiency and Workforce Development through Federal Executive Boards Act of 2023 2. Federal executive boards (a) In general Chapter 11 1106. Federal Executive Boards (a) Purposes The purposes of this section are to— (1) strengthen the strategic coordination, communication, and management of Government activities across the United States, including to improve the experience of citizens interacting with agencies, and to incorporate field perspectives into the preparation of Federal workforce policy goals; (2) facilitate interagency collaboration to improve the efficiency and effectiveness of Federal programs and initiatives; (3) facilitate communication and collaboration on Federal emergency preparedness and continuity of operations for the Federal workforce in applicable geographic areas; (4) facilitate strategies and programs for recruiting, training, managing, and retaining Federal employees, as well as sharing best practices for improving the workforce experience and access to education and training; (5) facilitate relationships with State and local governments, colleges and universities, and local nonprofit organizations that collaborate with the Federal Government; and (6) provide stable funding for Federal Executive Boards to enable the activities described in paragraphs (1) through (5). (b) Definitions In this section: (1) Agency The term agency (A) means an Executive agency, as defined in section 105; and (B) does not include the Government Accountability Office. (2) Director The term Director (3) Federal Executive Board The term Federal Executive Board (A) established by the Director— (i) in coordination with the Director of the Office of Management and Budget and the Administrator of General Services; and (ii) in consultation with the headquarters of appropriate agencies; (B) located in a geographic area with a high concentration of Federal employees outside the Washington, DC, metropolitan area; and (C) focused on strengthening the management and administration of agency activities and coordination among local Federal officers to implement national initiatives in that geographic area. (4) Institution of higher education The term institution of higher education 20 U.S.C. 1001(a) (5) State Apprenticeship Agency The term State Apprenticeship Agency (c) Perpetuation and continued support (1) In general The Director, in coordination with the Director of the Office of Management and Budget and the Administrator of General Services, shall continue to support the existence of Federal Executive Boards in geographic areas outside the Washington, DC, metropolitan area. (2) Consultation Before establishing any new Federal Executive Boards that are not in existence on the date of enactment of this section, the Director shall conduct a review of existing Federal Executive Boards and consult with the headquarters of appropriate agencies to guide the determination of the number and location of Federal Executive Boards. (3) Location The Director shall develop a set of criteria to establish and evaluate the number and locations of Federal Executive Boards that shall— (A) factor in contemporary Federal workforce data as of the date of enactment of this section; and (B) be informed by the annual changes in workforce data, including the geographic disbursement of the Federal workforce and the role of remote work options. (4) Membership (A) In general Each Federal Executive Board for a geographic area shall consist of the most senior officer of each agency in that geographic area. (B) Alternate representative The senior officer of an agency described in subparagraph (A) may designate, by title of office, an alternate representative, who shall— (i) be a senior officer in the agency; and (ii) attend meetings and otherwise represent the agency on the Federal Executive Board in the absence of the most senior officer. (d) Administration and oversight The Director, in coordination with the Director of the Office of Management and Budget and the Administrator of General Services, shall administer and oversee Federal Executive Boards, including— (1) establishing staffing and accountability policies, including performance standards, for employees responsible for administering Federal Executive Boards with an opportunity for employee customer service feedback from agencies participating in Federal Executive Boards; (2) establishing communications policies for the dissemination of information to agencies participating in Federal Executive Boards; and (3) administering Federal Executive Board funding through the fund established in subsection (f). (e) Governance and activities (1) In general Each Federal Executive Board shall— (A) subject to the approval of the Director, adopt charters or other rules for the internal governance of the Federal Executive Board; (B) elect a Chairperson from among the members of the Federal Executive Board, who shall serve for a set term; (C) serve as an instrument of outreach relating to agency activities in the geographic area; (D) provide a forum to amplify the exchange of information relating to programs and management methods and problems— (i) between the national headquarters of agencies and the field; and (ii) among field elements in geographic areas; (E) develop local coordinated approaches to the development and operation of programs that have common characteristics or serve the same populations; (F) communicate management initiatives and other concerns from Federal officers and employees in the Washington, DC, metropolitan area to Federal officers and employees in the geographic area to achieve better mutual understanding and support; (G) develop relationships with State and local governments, institutions of higher education, and nongovernmental organizations to help fulfill the roles and responsibilities of the Federal Executive Board; (H) in coordination with appropriate agencies and consistent with any relevant memoranda of understanding between the Office of Personnel Management and those agencies, facilitate communication, collaboration, and training to prepare the Federal workforce for emergencies and continuity of operations; (I) in coordination with appropriate agencies, support agency efforts to place and recruit students in training opportunities, particularly apprenticeships and paid internships; (J) consult with the Secretary of Labor or State Apprenticeship Agencies on the process for establishing registered apprenticeship programs within agencies, as appropriate; (K) consult with State workforce development boards and local workforce development boards as established in sections 101 and 107 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 (L) as appropriate and in accordance with law, rules, and policies, lead cross-agency talent management initiatives— (i) including interagency— (I) recruitment and hiring activities; (II) internships and apprenticeships; (III) onboarding and leadership and management development; and (IV) mentorship programs; and (ii) by prioritizing initiatives related to— (I) conducting outreach to communities of individuals with demographics that are underrepresented in a given occupation or agency; and (II) addressing skills gaps within the Federal Government related to high-risk areas as identified by the Government Accountability Office; (M) coordinate with the Transition Assistance Centers established to carry out the Transition Assistance Program of the Department of Defense to help members of the Armed Forces who are transitioning to civilian life apply for Government positions in the geographic location of the Federal Executive Board; (N) as appropriate, serve as a collaborative space where employees from across agencies can participate in innovation projects relevant to Federal initiatives by applying human-centered design, user-experience design, or other creativity methods; and (O) take other actions as agreed to by the Federal Executive Board and the Director, in consultation with the Director of the Office of Management and Budget and the Administrator of General Services. (2) Coordination of certain activities The facilitation of communication, collaboration, and training described in paragraph (1)(H) shall, when appropriate, be coordinated and defined through written agreements entered into between the Director and the heads of the applicable agencies. (3) Non-monetary donations Each Federal Executive Board may accept donations of supplies, services, land, and equipment consistent with the purposes described in paragraphs (1) through (5) of subsection (a), including to assist in carrying out the activities described in paragraph (1) of this subsection. (4) Programmatic assessments Not less frequently than semi-annually or following each major programmatic activity, each Federal Executive Board shall assess the experience of participants or other relevant stakeholders in each program provided by the Federal Executive Board. (f) Funding (1) Establishment of fund The Director, in coordination with the Director of the Office of Management and Budget and the Administrator of General Services, shall establish a Federal Executive Board Fund within the Office of Personnel Management for financing essential Federal Executive Board functions for the purposes of staffing and operating expenses. (2) Deposits There shall be deposited in the fund established under paragraph (1) amounts transferred to the fund pursuant to paragraph (3) from each agency participating in Federal Executive Boards, according to a formula established by the Director— (A) in consultation with the headquarters of those agencies; and (B) in coordination with the Director of the Office of Management and Budget and the Administrator of General Services. (3) Contributions (A) Contribution transfers Subject to the formula for contributions established by the Director under paragraph (2), each agency participating in Federal Executive Boards shall transfer amounts to the fund established under paragraph (1). (B) Formula (i) In general The formula for contributions established by the Director under paragraph (2) shall consider the number of employees in each agency in all geographic areas served by Federal Executive Boards. (ii) Recalculation The contribution of the headquarters of each agency under clause (i) to the fund established under paragraph (1) shall be recalculated not less frequently than every 2 years. (C) In-kind contributions At the discretion of the Director, an agency may provide in-kind contributions instead of, or in addition to, providing monetary contributions to the fund established under paragraph (1). (4) Minimum amount (A) In general The fund established under paragraph (1) shall include a minimum of $15,000,000 in each fiscal year, to remain available until expended. (B) Adjustment The Director shall adjust the amount required under subparagraph (A) every 2 years on a schedule aligned with the recalculation described in paragraph (3)(B)(ii) to reflect— (i) the percentage increase, if any, in the Consumer Price Index for all Urban Consumers as determined by the Bureau of Labor Statistics; and (ii) any changes in costs related to Federal pay changes authorized by the President or by an Act of Congress. (5) Use of excess amounts Any unobligated and unexpended balances in the fund established under paragraph (1) that the Director determines to be in excess of amounts needed for Federal Executive Board functions shall be allocated among the Federal Executive Boards for the activities described in subsection (e) by the Director— (A) in coordination with the Director of the Office of Management and Budget and the Administrator of General Services; and (B) in consultation with the headquarters of agencies participating in Federal Executive Boards. (6) Administrative and oversight costs The Office of Personnel Management shall pay for costs relating to administrative and oversight activities conducted under subsection (d) from appropriations made available to the Office of Personnel Management. (g) Reports The Director, in coordination with the Director of the Office of Management and Budget and the Administrator of General Services, shall submit biennial reports to Congress and to agencies participating in Federal Executive Boards on the outcomes of and budget matters related to Federal Executive Boards. (h) Regulations The Director, in coordination with the Director of the Office of Management and Budget and the Administrator of General Services, shall prescribe regulations necessary to carry out this section. . (b) Report (1) Definition In this subsection, the term Federal Executive Board (2) Report Not later than 180 days after the date of enactment of this Act, the Director of the Office of Personnel Management, in coordination with the Director of the Office of Management and Budget and the Administrator of General Services, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report that includes— (A) a description of essential Federal Executive Board functions; (B) details of staffing requirements for each Federal Executive Board; and (C) estimates of staffing and operating expenses for each Federal Executive Board. (c) Technical and conforming amendments The table of sections for chapter 11 section 1105 1106. Federal Executive Boards. .

Improving Government Efficiency and Workforce Development through Federal Executive Boards Act of 2023

Train More Nurses Act This bill requires the Department of Health and Human Services and the Department of Labor to jointly report on existing grant programs that support the nurse workforce. The report must include recommendations on how to change the grant programs to (1) increase nurse faculty in underserved areas, (2) provide more pathways for experienced nurses to become faculty at schools of nursing, and (3) support pathways for licensed practical nurses to become registered nurses.

118 S2853 IS: Train More Nurses Act U.S. Senate 2023-09-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2853 IN THE SENATE OF THE UNITED STATES September 19, 2023 Ms. Rosen Mr. Braun Ms. Collins Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Health and Human Services and the Secretary of Labor to conduct a study and issue a report on grant programs to support the nursing workforce. 1. Short title This Act may be cited as the Train More Nurses Act 2. Review of and report on programs supporting the nursing workforce The Secretary of Health and Human Services and the Secretary of Labor, jointly, shall— (1) conduct a review of all grant programs carried out by the Department of Health and Human Services or the Department of Labor that support the nurse workforce; and (2) not later than 1 year after the date of enactment of this Act, submit to Congress a report on the review under paragraph (1) that includes recommendations for changes to such grant programs to improve upon the goals of— (A) increasing nurse faculty, particularly in underserved areas; (B) providing pathways for nurses who have more than 10 years of clinical experience to become faculty at schools of nursing; and (C) encouraging and increasing the nursing pipeline through pathways for licensed practical nurses to become registered nurses.

Train More Nurses Act

Go Pack Go Act of 2023 This bill requires a cable operator or satellite carrier to provide their subscribers in specified Wisconsin counties (i.e., Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn) the choice of retransmission of (1) the signal of any local network station that the operator or carrier is required to retransmit to the subscriber; (2) an in-state, adjacent-market network station; or (3) both. This will allow residents of such Wisconsin counties currently assigned to an out-of-state Minnesota television market to access programming in Wisconsin.

118 S2857 IS: Go Pack Go Act of 2023 U.S. Senate 2023-09-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2857 IN THE SENATE OF THE UNITED STATES September 20, 2023 Ms. Baldwin Committee on Commerce, Science, and Transportation A BILL To amend the Communications Act of 1934 and title 17, United States Code, to provide greater access to in-State television broadcast programming for cable and satellite subscribers in certain counties. 1. Short title This Act may be cited as the Go Pack Go Act of 2023 2. Carriage of network station signals in certain counties (a) In general Part I of title III of the Communications Act of 1934 ( 47 U.S.C. 301 et seq. 346. Carriage of network station signals in certain counties (a) Definitions In this section— (1) the term cable operator (2) the terms covered county in-State, adjacent-market network station retransmission (3) the term local market (4) the term local network station (A) that is affiliated with the television network; and (B) within the local market in which the subscriber is located; and (5) the terms network station satellite carrier (b) Subscriber election A cable operator or satellite carrier shall, at the election of a subscriber in a covered county with respect to a television network, provide to the subscriber— (1) retransmission of the signal of any local network station that the operator or carrier is required to retransmit to the subscriber without regard to this section; (2) an in-State, adjacent-market network station retransmission; or (3) both retransmissions described in paragraphs (1) and (2). (c) Relationship to local signal carriage requirements If a subscriber elects to receive only an in-State, adjacent-market network station retransmission under subsection (b)— (1) the provision of that retransmission to the subscriber shall be deemed to fulfill any obligation of the cable operator or satellite carrier to provide to the subscriber the signal of a local network station under section 338, 614, or 615; and (2) in the case of a satellite carrier that has been recognized as a qualified carrier under section 119(f) of title 17, United States Code, the provision of that retransmission instead of the signal of a local network station shall not affect the status of the satellite carrier as a qualified carrier for purposes of that section and section 342 of this Act. (d) Requirement subject to technical feasibility for satellite carriers A satellite carrier shall be required to provide a retransmission under subsection (b) only to the extent that such provision is technically feasible, as determined by the Commission. (e) Treatment of in-State, adjacent-Market network station retransmissions by cable operators (1) Retransmission consent exception Section 325(b) shall not apply to an in-State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county. (2) Deemed significantly viewed In the case of an in-State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county, the signal of the station shall be deemed to be significantly viewed in that county within the meaning of section 76.54 of title 47, Code of Federal Regulations, or any successor regulation. . (b) Treatment of in-State, adjacent-Market network station retransmissions by satellite carriers Section 339 of the Communications Act of 1934 ( 47 U.S.C. 339 (1) in subsection (a)— (A) in paragraph (1)(A), by adding at the end the following: In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this subparagraph. (B) in paragraph (2), by adding at the end the following: (I) In-State, adjacent-market network station retransmissions Nothing in this paragraph shall apply to or affect in-State, adjacent-market network station retransmissions to subscribers residing in covered counties. ; and (2) in subsection (d)— (A) by redesignating paragraphs (1) through (5) as paragraphs (3) through (7), respectively; and (B) by inserting before paragraph (3), as so redesignated, the following: (1) Covered county The term covered county (2) In-State, adjacent-market network station retransmission The term in-State, adjacent-market network station retransmission . (c) No effect on ability To receive significantly viewed signals Section 340(b)(3) of the Communications Act of 1934 ( 47 U.S.C. 340(b)(3) or to a subscriber who elects under section 346(b), with respect to the network with which the station whose signal is being retransmitted pursuant to this section is affiliated, to receive an in-State, adjacent-market network station retransmission (as defined in section 119(d) of title 17, United States Code) instead of the signal of a local network station (as defined in section 346) 3. Availability of copyright license (a) Secondary transmissions of distant television programming by satellite Section 119 of title 17, United States Code, is amended— (1) in subsection (a)(2)(B)(i), by adding at the end the following: In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this clause. (2) in subsection (d)— (A) in paragraph (10)— (i) in subparagraph (A), by striking ; or (ii) in subparagraph (B), by striking the period at the end and inserting ; or (iii) by adding at the end the following: (C) with respect to an in-State, adjacent-market network station retransmission, is a subscriber residing in a covered county. ; and (B) by adding at the end the following: (17) In-State, adjacent-market network station retransmission The term in-State, adjacent-market network station retransmission (A) in the State of a subscriber; and (B) in a local market that is adjacent to the local market of the subscriber. (18) Covered county The term covered county (A) The county is one of the following counties in the State of Wisconsin: Ashland, Barron, Bayfield, Burnett, Douglas, Dunn, Florence, Iron, Pierce, Polk, Sawyer, St. Croix, or Washburn. (B) The county is not in the local market of any television broadcast station— (i) that is affiliated with the same network; and (ii) whose community of license is located in the State of the subscriber. . (b) Secondary transmissions of local television programming by satellite Section 122(a) of title 17, United States Code, is amended— (1) in paragraph (2)(A), by inserting after under paragraph (1) (or in-State, adjacent-market network station retransmissions instead of secondary transmissions under that paragraph, in accordance with an election under section 346(b) of the Communications Act of 1934) (2) in paragraph (3)(A), by inserting after under paragraph (1) (or in-State, adjacent-market network station retransmissions instead of secondary transmissions under that paragraph, in accordance with an election under section 346(b) of the Communications Act of 1934)

Go Pack Go Act of 2023

Social Security Child Protection Act of 2023 This bill directs the Social Security Administration to issue a new Social Security number to a child under the age of 14 if the child's Social Security card was lost or stolen while being sent.

118 S2859 IS: Social Security Child Protection Act of 2023 U.S. Senate 2023-09-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2859 IN THE SENATE OF THE UNITED STATES September 20, 2023 Ms. Sinema Mr. Cornyn Committee on Finance A BILL To amend title II of the Social Security Act to provide for the reissuance of social security account numbers to young children in cases where confidentiality has been compromised. 1. Short title This Act may be cited as the Social Security Child Protection Act of 2023 2. Reissuance of Social Security account numbers to young children in cases where confidentiality has been compromised (a) In general Section 205(c)(2)(B) of the Social Security Act ( 42 U.S.C. 405(c)(2)(B) (1) by redesignating clause (iii) as clause (iv); and (2) by inserting after clause (ii) the following new clause: (iii) In any case in which a social security account number has been issued to a child who has not attained the age of 14 pursuant to subclause (IV) or (V) of clause (i) and it is demonstrated by evidence, as determined by the Commissioner of Social Security, and submitted under penalty of perjury to the Commissioner by a parent or guardian of the child that in the course of transmission of the social security card to the child, the confidentiality of such number has been compromised by reason of loss or theft of such social security card, the Commissioner shall issue a new social security account number to such child and make note in the records maintained with respect to such child of the pertinent information received by the Commissioner regarding the loss or theft of the social security card. . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act.

Social Security Child Protection Act of 2023

Rachel Booth Act This bill expands eligibility for transitional compensation payments to dependents (or former dependents) of certain members of the Armed Forces who have committed a dependent-abuse offense. Specifically, the bill provides eligibility for transitional compensation to dependents of members of the Armed Forces in situations where a member (1) has been convicted of a dependent-abuse offense in a civilian court but has been separated from duty for an offense other than the abuse offense; or (2) has been accused but not convicted of such an offense, but has been determined to have committed the offense by a commander and required to forfeit pay and allowances for an offense other than the abuse offense. For purposes of determining a recipient of payments under such circumstances, an individual's status as a dependent child must be determined as of the first date on which an individual is held in pretrial confinement relating to the dependent-abuse offense or the date on which the commander determines there is probable cause the individual has committed the offense. The bill prescribes when transitional compensation payments must commence based on the status of the conviction or confinement. The military department concerned may delegate authority to authorize eligibility for benefits for dependents (and former dependents) to the first general or flag officer (or civilian equivalent) in the chain of command of the offending member.

118 S286 IS: Rachael Booth Act U.S. Senate 2023-02-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 286 IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Rubio Mrs. Gillibrand Mr. Scott of Florida Ms. Hassan Committee on Armed Services A BILL To make transitional compensation available to dependents of members of the Armed Forces convicted of dependent abuse in Federal or State court and dependents of members accused of dependent abuse who have forfeited all pay and allowances for an unrelated offense. 1. Short title This Act may be cited as the Rachael Booth Act 2. Modifications to transitional compensation for dependents of members separated for dependent abuse (a) Covered punitive actions Subsection (b) of section 1059 of title 10, United States Code, is amended— (1) in paragraph (1)(B), by striking ; or (2) in paragraph (2), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraph: (3) who is— (A) convicted of a dependent-abuse offense in a district court of the United States or a State court; and (B) separated from active duty pursuant to a sentence of a court-martial, or administratively separated, voluntarily or involuntarily, from active duty, for an offense other than the dependent-abuse offense; or (4) who is— (A) accused but not convicted of a dependent-abuse offense; (B) determined, as a result of a review by the commander of the member and based on a preponderance of evidence, to have committed the dependent-abuse offense; and (C) required to forfeit all pay and allowances pursuant to a sentence of a court-martial for an offense other than the dependent-abuse offense. . (b) Recipients of payments Subsection (d) of such section is amended— (1) in paragraph (1), by striking resulting in the separation referred to in subsection (b) (2) in paragraph (4)— (A) by striking determined as of the date (A) as of the date ; (B) by striking offense or, in a case (B) in a case ; (C) by striking the period at the end and inserting ; or (D) by adding at the end the following new subparagraph: (C) in a case described in subsection (b)(4), as of, as applicable— (i) the first date on which the individual is held in pretrial confinement relating to the dependent-abuse offense of which the individual is accused after the 7-day review of pretrial confinement required by Rule 305(i)(2) of the Rules for Courts-Martial; or (ii) the date on which a review by a commander of the individual determines there is probable cause that the individual has committed that offense. . (c) Commencement of payment Subsection (e)(1) of such section is amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i), by inserting after offense or an offense described in subsection (b)(3)(B) (B) in clause (ii), by striking ; and (2) in subparagraph (B)— (A) by striking (if the basis offense) (B) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new subparagraph: (C) in the case of a member described in subsection (b)(4), shall commence as of, as applicable— (i) the first date on which the member is held in pretrial confinement relating to the dependent-abuse offense of which the member is accused after the 7-day review of pretrial confinement required by Rule 305(i)(2) of the Rules for Courts-Martial; or (ii) the date on which a review by a commander of the member determines there is probable cause that the member has committed that offense. . (d) Definition of dependent child Subsection (l) of such section is amended, in the matter preceding paragraph (1)— (1) by striking resulting in the separation of the former member or referred to in subsection (b) or (2) by striking resulting in the separation of the former member and and (e) Delegation of determinations relating to exceptional eligibility Subsection (m)(4) of such section is amended to read as follows: (4) The Secretary concerned may delegate the authority under paragraph (1) to authorize eligibility for benefits under this section for dependents and former dependents of a member or former member to the first general or flag officer (or civilian equivalent) in the chain of command of the member. .

Rachael Booth Act

Billie Jean King Congressional Gold Medal Act This bill provides for the award of a Congressional Gold Medal to Billie Jean King in recognition of her courageous and groundbreaking leadership in advancing equal rights for women in athletics, education, and society.

118 S2861 IS: Billie Jean King Congressional Gold Medal Act U.S. Senate 2023-09-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2861 IN THE SENATE OF THE UNITED STATES September 20, 2023 Mrs. Gillibrand Mrs. Capito Ms. Sinema Committee on Banking, Housing, and Urban Affairs A BILL To award a Congressional Gold Medal to Billie Jean King, an American icon, in recognition of a remarkable life devoted to championing equal rights for all, in sports and in society. 1. Short title This Act may be cited as the Billie Jean King Congressional Gold Medal Act 2. Findings Congress finds the following: (1) Billie Jean King, born Billie Jean Moffitt on November 22, 1943, in Long Beach, California, demonstrated athletic prowess from a young age. She was introduced to tennis at the age of 11, and soon after, Billie Jean purchased her first tennis racket using money she earned working various jobs in her neighborhood. (2) Billie Jean broke numerous barriers to become a number one professional tennis player. She dominated women’s tennis with 39 Grand Slam singles, doubles, and mixed doubles titles, including a record 20 championships at Wimbledon. She also was a member of 3 World TeamTennis championship teams. (3) After growing in prominence, Billie Jean used her platform as a celebrity to fight for equal rights and opportunities for equality for all in sports, and society, in the United States. (4) Billie Jean played an instrumental role in the passage of title IX of the Education Amendments Act of 1972 ( 20 U.S.C. 1681 et seq. (5) During Billie Jean’s career, the pay difference between prize money for men and women in tennis continued to expand. By the early 1970s, the pay gap in prize money reached ratios of as much as 12 to 1. Fewer and fewer tournaments were hosting women’s events. Billie Jean harnessed the energy of the women’s rights movement to create a women’s tennis tour that would elevate women’s tennis and establish pay equity within the sport. Along with 8 other women tennis players, she formed an independent women's professional tennis circuit, the Virginia Slims Series. (6) In 1973, Billie Jean founded the Women’s Tennis Association, today’s principal governing body for women's professional tennis. (7) Billie Jean helped found womenSports magazine and founded the Women’s Sports Foundation. Both have been at the forefront of advancing women’s voice in sports. (8) Billie Jean successfully lobbied for equal prize money for men and women at the 1973 US Open Tennis Championships. It would take another 34 years for the other 3 major tournaments to all offer equal prize money. (9) In 1973, Billie Jean played a tennis match against Bobby Riggs, a former World Number 1 player who sought to undermine the credibility and prominence of women in sports. Billie Jean defeated Riggs in what became a firm declaration of women’s role in sports and society. (10) Billie Jean King was the first tennis player and woman to be named Sports Illustrated’s Sportsperson of the Year, one of the 100 Most Important Americans of the 20th Century (11) In 2006, the United States Tennis Association recognized Billie Jean’s immeasurable impact on the sport of tennis by renaming the site of the US Open in her honor as the USTA Billie Jean King National Tennis Center, which is located in Flushing Meadows Corona Park in Queens, New York. This was the first time a major sporting complex was named after a woman. (12) In 2009, Billie Jean was awarded the Presidential Medal of Freedom, the highest civilian honor in the United States, by President Barack Obama for her impactful work advocating for the rights of women. She was the first female athlete to receive this honor. (13) In 2014, Billie Jean King founded the Billie Jean King Leadership Initiative to empower companies and individuals to create inclusive work environments that celebrate and promote diversity and equality in the workplace. (14) In 2020, Fed Cup, the world cup of women’s tennis, was renamed the Billie Jean King Cup, making it the first global team competition to be named after a woman. (15) Billie Jean King’s extraordinary courage, leadership, and activism helped propel the women’s movement forward, and open doors for countless people in the United States. On and off the court, Billie Jean has served as an inspiration to millions of people the world over. Few women and men have had a greater impact on their sport and on our society than Billie Jean King. 3. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to Billie Jean King, in recognition of her contribution to the United States and her courageous and groundbreaking leadership advancing equal rights for women in athletics, education, and our society. (b) Design and striking For purposes of the presentation described in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. 5. Status of medals (a) National medals Medals struck under this Act are national medals for purposes of chapter 51 (b) Numismatic items For purposes of section 5134 and section 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.

Billie Jean King Congressional Gold Medal Act

End Tuberculosis Now Act of 2023 This bill authorizes actions, including the provision of international assistance, to combat tuberculosis. The President may provide international assistance to prevent, treat, control, and eliminate tuberculosis. The President must also establish goals for U.S. efforts to detect, cure, and prevent all forms of tuberculosis globally by updating the National Action Plan for Combating Multidrug-Resistant Tuberculosis. The Government Accountability Office must periodically report to Congress on the impact of efforts to combat tuberculosis that are supported by U.S. bilateral assistance.

118 S288 IS: End Tuberculosis Now Act of 2023 U.S. Senate 2023-02-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 288 IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Menendez Mr. Young Committee on Foreign Relations A BILL To prevent, treat, and cure tuberculosis globally. 1. Short title This Act may be cited as the End Tuberculosis Now Act of 2023 2. Findings Congress makes the following findings: (1) Tuberculosis (referred to in the Act as TB (2) In 2021 alone, an estimated 10,600,000 people became ill with TB, 11 percent of whom were children, and an estimated 1,600,000 of these people died from the illness. In order to achieve by 2035 the goals of the Political Declaration of the High-Level Meeting of the General Assembly on the Fight Against Tuberculosis, adopted by the United Nations General Assembly October 10, 2018, and of the World Health Organization End TB Strategy, adopted by the World Health Assembly in 2014, new and existing tools must be developed and scaled-up. (3) More than 1/3 (4) Since March 2020, the COVID–19 pandemic has severely disrupted TB responses in low- and middle-income countries, stalling and reversing years of progress made against TB. According to the World Health Organization, from 2019 to 2020— (A) global detection of TB dropped by 18 percent; (B) an estimated 1,300,000 fewer people were diagnosed and enrolled on TB treatment; and (C) in some countries, TB case notifications dropped by up to 41 percent, setting progress back by up to 12 years. (5) Failure to properly diagnose and treat TB can lead to death, can exacerbate antimicrobial resistance (a key contributor to rising cases of multi-drug-resistant TB and extensively drug-resistant TB), and can increase the probability of the introduction of resistant TB into new geographic areas. (6) TB programs have played a central role in responding to COVID–19, including through leveraging the expertise of medical staff with expertise in TB and lung diseases, the repurposing of TB hospitals, and the use of the TB rapid molecular testing platforms and x-ray equipment for multiple purposes, including the treatment of COVID–19. (7) With sufficient resourcing, TB program expertise, infection control, laboratory capacity, active case finding, and contact investigation can serve as platforms for respiratory pandemic response against existing and new infectious respiratory disease without disrupting ongoing TB programs and activities. (8) Globally, only about 1/2 (9) According to estimates by the Global Fund for AIDS, Tuberculosis, and Malaria, an additional $3,500,000,000 was needed during 2021 for TB programs in eligible countries in order to recover from the negative impacts of COVID–19. (10) On September 26, 2018, the United Nations convened the first High-Level Meeting of the General Assembly on the Fight Against Tuberculosis, during which 120 countries— (A) signed a Political Declaration to accelerate progress against TB, including through commitments to increase funding for TB prevention, diagnosis, treatment, and research and development programs, and to set ambitious goals to successfully treat 40,000,000 people with active TB and prevent at least 30,000,000 from becoming ill with TB between 2018 and 2022; and (B) committed to ending the epidemic in all countries, and pledge[d] to provide leadership and to work together to accelerate our national and global collective actions, investments and innovations urgently to fight this preventable and treatable disease (11) The United States Government continues to be a lead funder of global TB research and development, contributing 44 percent of the total $915,000,000 in global funding in 2020, and can catalyze more investments from other countries. (12) Working with governments and partners around the world, USAID’s TB programming has saved an estimated 74,000,000 lives, demonstrating the effectiveness of United States programs and activities against the illness. (13) On September 26, 2018, the USAID Administrator announced a new performance-based Global Accelerator to End TB, aimed at catalyzing investments to meet the treatment target set by the United Nations High-Level Meeting, further demonstrating the critical role that United States leadership and assistance plays in the fight to eliminate TB. (14) It is essential to ensure that efforts among United States Government agencies, partner nations, international organizations, nongovernmental organizations, the private sector, and other actors are complementary and not duplicative in order to achieve the goal of ending the TB epidemic in all countries. 3. United States Government assistance to combat tuberculosis Section 104B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b–3 104B. Assistance to combat tuberculosis (a) Findings Congress makes the following findings: (1) The international spread of tuberculosis (referred to in this section as TB (2) Additional tools and resources are required to effectively diagnose, prevent, and treat TB. (3) Effectively resourced TB programs can serve as a critical platform for preventing and responding to future infectious respiratory disease pandemics. (b) Policy (1) In general It is a major objective of the foreign assistance program of the United States to help end the TB public health emergency through accelerated actions— (A) to support the diagnosis and treatment of all adults and children with all forms of TB; and (B) to prevent new TB infections from occurring. (2) Support for global plans and objectives In countries in which the United States Government has established foreign assistance programs under this Act, particularly in countries with the highest burden of TB and other countries with high rates of infection and transmission of TB, it is the policy of the United States— (A) to support the objectives of the World Health Organization End TB Strategy, including its goals— (i) to reduce TB deaths by 95 percent by 2035; (ii) to reduce the TB incidence rate by 90 percent by 2035; and (iii) to reduce the number of families facing catastrophic health costs due to TB by 100 percent by 2035; (B) to support the Stop TB Partnership’s Global Plan to End TB 2023–2030, including by providing support for— (i) developing and using innovative new technologies and therapies to increase active case finding and rapidly diagnose and treat children and adults with all forms of TB, alleviate suffering, and ensure TB treatment completion; (ii) expanding diagnosis and treatment in line with the goals established by the Political Declaration of the High-Level Meeting of the General Assembly on the Fight Against Tuberculosis, including— (I) successfully treating 40,000,000 people with active TB by 2023, including 3,500,000 children, and 1,500,000 people with drug-resistant TB; and (II) diagnosing and treating latent tuberculosis infection, in support of the global goal of providing preventive therapy to at least 30,000,000 people by 2023, including 4,000,000 children younger than 5 years of age, 20,000,000 household contacts of people affected by TB, and 6,000,000 people living with HIV; (iii) ensuring high-quality TB care by closing gaps in care cascades, implementing continuous quality improvement at all levels of care, and providing related patient support; and (iv) sustainable procurements of TB commodities to avoid interruptions in supply, the procurement of commodities of unknown quality, or payment of excessive commodity costs in countries impacted by TB; and (C) to ensure, to the greatest extent practicable, that United States funding supports activities that simultaneously emphasize— (i) the development of comprehensive person-centered programs, including diagnosis, treatment, and prevention strategies to ensure that— (I) all people sick with TB receive quality diagnosis and treatment through active case finding; and (II) people at high risk for TB infection are found and treated with preventive therapies in a timely manner; (ii) robust TB infection control practices are implemented in all congregate settings, including hospitals and prisons; (iii) the deployment of diagnostic and treatment capacity— (I) in areas with the highest TB burdens; and (II) for highly at-risk and impoverished populations, including patient support services; (iv) program monitoring and evaluation based on critical TB indicators, including indicators relating to infection control, the numbers of patients accessing TB treatment and patient support services, and preventative therapy for those at risk, including all close contacts, and treatment outcomes for all forms of TB; (v) training and engagement of health care workers on the use of new diagnostic tools and therapies as they become available, and increased support for training frontline health care workers to support expanded TB active case finding, contact tracing, and patient support services; (vi) coordination with domestic agencies and organizations to support an aggressive research agenda to develop vaccines as well as new tools to diagnose, treat, and prevent TB globally; (vii) linkages with the private sector on— (I) research and development of a vaccine, and on new tools for diagnosis and treatment of TB; (II) improving current tools for diagnosis and treatment of TB, including telehealth solutions for prevention and treatment; and (III) training healthcare professionals on use of the newest and most effective diagnostic and therapeutic tools; (viii) the reduction of barriers to care, including stigma and treatment and diagnosis costs, including through— (I) training health workers; (II) sensitizing policy makers; (III) requiring that all relevant grants and funding agreements include access and affordability provisions; (IV) supporting education and empowerment campaigns for TB patients regarding local TB services; (V) monitoring barriers to accessing TB services; and (VI) increasing support for patient-led and community-led TB outreach efforts; (ix) support for country-level, sustainable accountability mechanisms and capacity to measure progress and ensure that commitments made by governments and relevant stakeholders are met; and (x) support for the integration of TB diagnosis, treatment, and prevention activities into primary health care, as appropriate. (c) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives (2) End TB Strategy The term End TB Strategy The End TB Strategy: Global Strategy and Targets for Tuberculosis Prevention, Care and Control After 2015 (3) Global alliance for tuberculosis drug development The term Global Alliance for Tuberculosis Drug Development (4) Global tuberculosis drug facility The term Global Tuberculosis Drug Facility (5) MDR–TB The term MDR–TB (6) Stop tuberculosis partnership The term Stop Tuberculosis Partnership (7) XDR–TB The term XDR–TB (d) Authorization To carry out this section, the President is authorized, consistent with section 104(c), to furnish assistance, on such terms and conditions as the President may determine, for the prevention, treatment, control, and elimination of TB. (e) Goals In consultation with the appropriate congressional committees, the President shall establish goals, based on the policy and indicators described in subsection (b), for— (1) United States TB programs to detect, cure, and prevent all forms of TB globally for the period between 2023 and 2030 that are aligned with the End TB Strategy’s 2030 targets and the USAID's Global Tuberculosis (TB) Strategy 2023–2030; and (2) updating the National Action Plan for Combating Multidrug-Resistant Tuberculosis. (f) Coordination (1) In general In carrying out this section, the President shall coordinate with the World Health Organization, the Stop TB Partnership, the Global Fund to Fight AIDS, Tuberculosis, and Malaria, and other organizations with respect to the development and implementation of a comprehensive global TB response program. (2) Bilateral assistance In providing bilateral assistance under this section, the President, acting through the Administrator of the United States Agency for International Development, shall— (A) catalyze support for research and development of new tools to prevent, diagnose, treat, and control TB worldwide, particularly to reduce the incidence of, and mortality from, all forms of drug-resistant TB; (B) ensure United States programs and activities focus on finding individuals with active TB disease and provide quality diagnosis and treatment, including through digital health solutions, and reaching those at high risk with preventive therapy; and (C) ensure coordination among relevant United States Government agencies, including the Department of State, the Centers for Disease Control and Prevention, the National Institutes of Health, the Biomedical Advanced Research and Development Authority, the Food and Drug Administration, the National Science Foundation, the Department of Defense (through its Congressionally Directed Medical Research Programs), and other relevant Federal departments and agencies that engage in international TB activities— (i) to ensure accountability and transparency; (ii) to reduce duplication of efforts; and (iii) to ensure appropriate integration and coordination of TB services into other United States-supported health programs. (g) Priority To End TB strategy In furnishing assistance under subsection (d), the President shall prioritize— (1) building and strengthening TB programs— (A) to increase the diagnosis and treatment of everyone who is sick with TB; and (B) to ensure that such individuals have access to quality diagnosis and treatment; (2) direct, high-quality integrated services for all forms of TB, as described by the World Health Organization, which call for the coordination of active case finding, treatment of all forms of TB disease and infection, patient support, and TB prevention; (3) treating individuals co-infected with HIV and other co-morbidities, and other individuals with TB who may be at risk of stigma; (4) strengthening the capacity of health systems to detect, prevent, and treat TB, including MDR–TB and XDR–TB, as described in the latest international guidance related to TB; (5) researching and developing innovative diagnostics, drug therapies, and vaccines, and program-based research; (6) support for the Stop Tuberculosis Partnership’s Global Drug Facility, the Global Alliance for Tuberculosis Drug Development, and other organizations promoting the development of new products and drugs for TB; and (7) ensuring that TB programs can serve as key platforms for supporting national respiratory pandemic response against existing and new infectious respiratory disease. (h) Assistance for the World Health Organization and the Stop Tuberculosis Partnership In carrying out this section, the President, acting through the Administrator of the United States Agency for International Development, is authorized— (1) to provide resources to the World Health Organization and the Stop Tuberculosis Partnership to improve the capacity of countries with high burdens or rates of TB and other affected countries to implement the End TB Strategy, the Stop TB Global Plan to End TB, their own national strategies and plans, other global efforts to control MDR–TB and XDR–TB; and (2) to leverage the contributions of other donors for the activities described in paragraph (1). (i) Annual report on TB activities Not later than December 15 of each year until the earlier of the date on which the goals specified in subsection (b)(2)(A) are met or the last day of 2030, the President shall submit an annual report to the appropriate congressional committees that describes United States foreign assistance to control TB and the impact of such efforts, including— (1) the number of individuals with active TB disease that were diagnosed and treated, including the rate of treatment completion and the number receiving patient support; (2) the number of persons with MDR–TB and XDR–TB that were diagnosed and treated, including the rate of completion, in countries receiving United States bilateral foreign assistance for TB control programs; (3) the number of people trained by the United States Government in TB surveillance and control; (4) the number of individuals with active TB disease identified as a result of engagement with the private sector and other nongovernmental partners in countries receiving United States bilateral foreign assistance for TB control programs; (5) a description of the collaboration and coordination of United States anti-TB efforts with the World Health Organization, the Stop TB Partnership, the Global Fund to Fight AIDS, Tuberculosis and Malaria, and other major public and private entities; (6) a description of the collaboration and coordination among the United States Agency for International Development and other United States departments and agencies, including the Centers for Disease Control and Prevention and the Office of the Global AIDS Coordinator, for the purposes of combating TB and, as appropriate, its integration into primary care; (7) the constraints on implementation of programs posed by health workforce shortages, health system limitations, barriers to digital health implementation, other challenges to successful implementation, and strategies to address such constraints; (8) a breakdown of expenditures for patient services supporting TB diagnosis, treatment, and prevention, including procurement of drugs and other commodities, drug management, training in diagnosis and treatment, health systems strengthening that directly impacts the provision of TB services, and research; and (9) for each country, and when practicable, each project site receiving bilateral United States assistance for the purpose of TB prevention, treatment, and control— (A) a description of progress toward the adoption and implementation of the most recent World Health Organization guidelines to improve diagnosis, treatment, and prevention of TB for adults and children, disaggregated by sex, including the proportion of health facilities that have adopted the latest World Health Organization guidelines on strengthening monitoring systems and preventative, diagnostic, and therapeutic methods, including the use of rapid diagnostic tests and orally administered TB treatment regimens; (B) the number of individuals screened for TB disease and the number evaluated for TB infection using active case finding outside of health facilities; (C) the number of individuals with active TB disease that were diagnosed and treated, including the rate of treatment completion and the number receiving patient support; (D) the number of adults and children, including people with HIV and close contacts, who are evaluated for TB infection, the number of adults and children started on treatment for TB infection, and the number of adults and children completing such treatment, disaggregated by sex and, as possible, income or wealth quintile; (E) the establishment of effective TB infection control in all relevant congregant settings, including hospitals, clinics, and prisons; (F) a description of progress in implementing measures to reduce TB incidence, including actions— (i) to expand active case finding and contact tracing to reach vulnerable groups; and (ii) to expand TB preventive therapy, engagement of the private sector, and diagnostic capacity; (G) a description of progress to expand diagnosis, prevention, and treatment for all forms of TB, including in pregnant women, children, and individuals and groups at greater risk of TB, including migrants, prisoners, miners, people exposed to silica, and people living with HIV/AIDS, disaggregated by sex; (H) the rate of successful completion of TB treatment for adults and children, disaggregated by sex, and the number of individuals receiving support for treatment completion; (I) the number of people, disaggregated by sex, receiving treatment for MDR–TB, the proportion of those treated with the latest regimens endorsed by the World Health Organization, factors impeding scale up of such treatment, and a description of progress to expand community-based MDR–TB care; (J) a description of TB commodity procurement challenges, including shortages, stockouts, or failed tenders for TB drugs or other commodities; (K) the proportion of health facilities with specimen referral linkages to quality diagnostic networks, including established testing sites and reference labs, to ensure maximum access and referral for second line drug resistance testing, and a description of the turnaround time for test results; (L) the number of people trained by the United States Government to deliver high-quality TB diagnostic, preventative, monitoring, treatment, and care services; (M) a description of how supported activities are coordinated with— (i) country national TB plans and strategies; and (ii) TB control efforts supported by the Global Fund to Fight AIDS, Tuberculosis, and Malaria, and other international assistance programs and funds, including in the areas of program development and implementation; and (N) for the first 3 years of the report required under this subsection, a description of the progress in recovering from the negative impact of COVID–19 on TB, including— (i) whether there has been the development and implementation of a comprehensive plan to recover TB activities from diversion of resources; (ii) the continued use of bidirectional TB–COVID testing; and (iii) progress on increased diagnosis and treatment of active TB. (j) Annual report on TB research and development The President, acting through the Administrator of the United States Agency for International Development, and in coordination with the National Institutes of Health, the Centers for Disease Control and Prevention, the Biomedical Advanced Research and Development Authority, the Food and Drug Administration, the National Science Foundation, and the Office of the Global AIDS Coordinator, shall submit to the appropriate congressional committees until 2030 an annual report that— (1) describes the current progress and challenges to the development of new tools for the purpose of TB prevention, treatment, and control; (2) identifies critical gaps and emerging priorities for research and development, including for rapid and point-of-care diagnostics, shortened treatments and prevention methods, telehealth solutions for prevention and treatment, and vaccines; and (3) describes research investments by type, funded entities, and level of investment. (k) Evaluation report Not later than 3 years after the date of the enactment of the End Tuberculosis Now Act of 2023 .

End Tuberculosis Now Act of 2023

Opportunity To Address College Hunger Act This bill requires institutions of higher education (IHEs) that receive grants to operate work-study programs to notify a student participating in a state or federally financed work-study program that the student may be eligible for participation in the Supplemental Nutrition Assistance Program (SNAP). The Department of Education must provide guidance to states and IHEs on how to identify and communicate with students who are potentially eligible for SNAP.

118 S2881 IS: Opportunity To Address College Hunger Act U.S. Senate 2023-09-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2881 IN THE SENATE OF THE UNITED STATES September 21, 2023 Mr. Padilla Mr. Welch Mr. Heinrich Mr. Wyden Mrs. Shaheen Mr. Bennet Mr. Fetterman Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to require institutions of higher education to provide notice to students participating in a State or federally financed work-study program about potential eligibility for participation in the supplemental nutrition assistance program, and for other purposes. 1. Short title This Act may be cited as the Opportunity To Address College Hunger Act 2. Notification regarding SNAP for students participating in a State or federally financed work-study program Section 443 of the Higher Education Act of 1965 ( 20 U.S.C. 1087–53 (f) Notification regarding SNAP (1) In general An institution receiving a grant under this part shall send a notification (by email or other electronic means) to each eligible student informing the student of their potential eligibility for participation in SNAP and the process for obtaining more information, confirming eligibility, and accessing benefits under that program. The notification shall be developed by the Secretary of Education in consultation with the Secretary of Agriculture, and shall include details on eligibility requirements for participation in SNAP that a student must satisfy. The notification shall be, to the extent practicable, specific to the student’s State of residence and shall provide contact information for the local office where an application for SNAP may be made. (2) Evidence of participation in federally financed work-study program The notification under paragraph (1) shall include an official document confirming that the recipient is an eligible student sufficient for purposes of demonstrating that the exclusion from ineligibility for participation in SNAP under section 6(e)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(e)(4) (3) Guidance The Secretary of Education, in consultation with the Secretary of Agriculture, shall provide guidance to States and institutions of higher education on how to identify and communicate with students who are likely to be eligible for SNAP, including those eligible for a State or federally financed work-study program. (4) Definitions For purposes of this subsection: (A) The term eligible student (B) The term SNAP 7 U.S.C. 2011 et seq. .

Opportunity To Address College Hunger Act

Science and Technology Agreement Enhanced Congressional Notification Act of 2023This bill requires the Department of State to notify Congress regarding science and technology agreements with China. Any existing agreement is revoked unless the State Department notifies Congress regarding the agreement no later than 60 days after enactment of this bill. The State Department must notify Congress 30 days prior to entering, renewing, or extending any science and technology agreement with China. A notification shall contain (1) the full text of the agreement, (2) a written justification for the agreement, (3) an assessment of the risks and potential effects of the agreement, (4) and a detailed justification for how the State Department intends to address human rights concerns arising from the agreement's scientific and technology collaboration.

118 S2894 IS: Science and Technology Agreement Enhanced Congressional Notification Act of 2023 U.S. Senate 2023-09-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2894 IN THE SENATE OF THE UNITED STATES September 21, 2023 Mr. Ricketts Mr. Risch Mr. Scott of South Carolina Mrs. Fischer Mr. Rubio Mr. Cornyn Mr. Young Mrs. Britt Ms. Ernst Mr. Daines Ms. Lummis Mr. Lankford Mr. Tillis Mr. Cruz Mr. Budd Mr. Romney Committee on Foreign Relations A BILL To amend the State Department Basic Authorities Act of 1956 to require certain congressional notification prior to entering into, renewing, or extending a science and technology agreement with the People’s Republic of China, and for other purposes. 1. Short title This Act may be cited as the Science and Technology Agreement Enhanced Congressional Notification Act of 2023 2. Enhanced congressional notification regarding science and technology agreements with the People’s Republic of China (a) Notification required Title I of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a et seq. 64. Congressional notification regarding science and technology agreements with the People’s Republic of China (a) Notification required The Secretary of State may not enter into, renew, or extend any science and technology agreement with the People’s Republic of China until— (1) the Secretary submits to the appropriate congressional committees a notification containing each of the matters described in subsection (b); and (2) a period of not less than 30 days has elapsed following such submission. (b) Matters described The matters described in this subsection are, with respect to the science and technology agreement for which the notification is submitted, the following: (1) A written notice of such agreement, including the full text of such agreement. (2) A detailed justification for such agreement, including an explanation as to why such agreement is in the national security interests of the United States. (3) An assessment of the risks and potential effects of such agreement, including any potential for the transfer under such agreement of technology or intellectual property capable of harming the national security interests of the United States. (4) A detailed justification for how the Secretary intends to address human rights concerns in any scientific and technology collaboration proposed to be conducted under such agreement. (5) An assessment of the extent to which the Secretary will be able to continuously monitor the commitments made by the People’s Republic of China under such agreement. (6) Such other information relating to such agreement as may be determined appropriate. (c) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations of the Senate; and (B) the Committee on Foreign Affairs of the House of Representatives. (2) Science and technology agreement The term science and technology agreement . (b) Applicability (1) In general The requirements under section 64 of the State Department Basic Authorities Act of 1956, as added by subsection (a), shall apply with respect to science and technology agreements entered into, renewed, or extended on or after the date of the enactment of this Act. (2) Existing agreements Any science and technology agreement between the Secretary of State and the People’s Republic of China in effect as of the date of the enactment of this Act shall be revoked unless, not later than 60 days after the date of the enactment of this Act, the Secretary of State submits to the appropriate congressional committees a notification of such agreement containing each of the matters described in subsection (b) of such section 64. (3) Definitions In this subsection, the terms appropriate congressional committees science and technology agreement

Science and Technology Agreement Enhanced Congressional Notification Act of 2023

Adoption Tax Credit Refundability Act of 2023 This bill makes the tax credit for adoption expenses refundable.

118 S2895 IS: Adoption Tax Credit Refundability Act of 2023 U.S. Senate 2023-09-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2895 IN THE SENATE OF THE UNITED STATES September 21, 2023 Mr. Casey Mr. Cramer Mr. Brown Mrs. Capito Ms. Duckworth Mrs. Feinstein Mr. Fetterman Mr. Hawley Mrs. Hyde-Smith Mr. Kelly Ms. Klobuchar Mr. Lankford Mr. Luján Mr. Risch Mr. Rounds Mr. Rubio Mr. Scott of South Carolina Ms. Stabenow Mr. Van Hollen Mr. Warner Ms. Warren Mr. Whitehouse Mr. Wicker Mr. Wyden Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for a refundable adoption tax credit. 1. Short title This Act may be cited as the Adoption Tax Credit Refundability Act of 2023 2. Refundable adoption tax credit (a) Credit made refundable (1) Credit moved to subpart relating to refundable credits The Internal Revenue Code of 1986 is amended— (A) by redesignating section 23 as section 36C, and (B) by moving section 36C (as so redesignated) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1. (2) Conforming Amendments (A) Section 25(e)(1)(C) of such Code is amended by striking sections 23 and 25D section 25D (B) Section 36C of such Code, as so redesignated, is amended— (i) in subsection (b)(2)(A), by striking (determined without regard to subsection (c)) (ii) by striking subsection (c), and (iii) by redesignating subsections (d) through (i) as subsections (c) through (h), respectively. (C) Section 137 of such Code is amended— (i) in subsection (d), by striking section 23(d) section 36C(c) (ii) in subsection (e), by striking subsections (e), (f), and (g) of section 23 subsections (d), (e), and (f) of section 36C (D) Section 1016(a)(26) of such Code is amended by striking 23(g) 36C(f) (E) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, 36B, (F) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 23. (G) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, 36B, (H) Paragraph (33) of section 471(a) of the Social Security Act ( 42 U.S.C. 671(a) section 23 section 36C (I) The table of sections for subpart C of part IV of subchapter A of chapter 1 Sec. 36C. Adoption expenses. (b) Third-Party affidavits Section 36C(h) (1) by striking such regulations such regulations and guidance (2) by striking including regulations which treat including regulations and guidance which— (1) treat , (3) by striking the period at the end and inserting , and (4) by adding at the end the following: (2) provide for a standardized third-party affidavit for purposes of verifying a legal adoption— (A) of a type with respect to which qualified adoption expenses may be paid or incurred, or (B) involving a child with special needs for purposes of subsection (a)(3). . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022. (d) Transitional rule To treat carryforward as refundable credit In the case of any excess described in section 23(c)

Adoption Tax Credit Refundability Act of 2023

Give Kids a Chance Act of 2023 This bill authorizes certain targeted clinical trials involving combinations of drugs to treat pediatric cancer. Specifically, the bill modifies requirements relating to molecularly targeted pediatric cancer investigations so as to authorize investigations of new drugs that are used in combination with active ingredients that have already been approved and that (1) have been determined to be the standard of care for treating a pediatric cancer, or (2) have been approved to treat an adult cancer and are directed at molecular targets for pediatric cancer. The Food and Drug Administration must issue guidance and report on the bill's implementation. The Government Accountability Office must report on the effectiveness of the bill's changes with respect to the development of pediatric cancer drugs.

118 S2897 IS: Give Kids a Chance Act of 2023 U.S. Senate 2023-09-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2897 IN THE SENATE OF THE UNITED STATES September 21, 2023 Mr. Bennet Mr. Rubio Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act with respect to molecularly targeted pediatric cancer investigations, and for other purposes. 1. Short title This Act may be cited as the Give Kids a Chance Act of 2023 2. Research into pediatric uses of drugs; additional authorities of Food and Drug Administration regarding molecularly targeted cancer drugs (a) In general (1) Additional active ingredient for application drug; limitation regarding novel-combination application drug Section 505B(a)(3) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355c(a)(3) (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (B) by striking subparagraph (A) and inserting the following: (A) In general For purposes of paragraph (1)(B), the investigation described in this paragraph is (as determined by the Secretary) a molecularly targeted pediatric cancer investigation of— (i) the drug or biological product for which the application referred to in such paragraph is submitted; or (ii) such drug or biological product in combination with— (I) an active ingredient of a drug or biological product— (aa) for which an approved application under section 505(j) under this Act or under section 351(k) of the Public Health Service Act is in effect; and (bb) that is determined by the Secretary to be the standard of care for treating a pediatric cancer; or (II) an active ingredient of a drug or biological product— (aa) for which an approved application under section 505(b) of this Act or section 351(a) of the Public Health Service Act to treat an adult cancer is in effect and is held by the same person submitting the application under paragraph (1)(B); and (bb) that is directed at a molecular target that the Secretary determines to be substantially relevant to the growth or progression of a pediatric cancer. (B) Additional requirements (i) Design of investigation A molecularly targeted pediatric cancer investigation referred to in subparagraph (A) shall be designed to yield clinically meaningful pediatric study data that is gathered using appropriate formulations for each age group for which the study is required, regarding dosing, safety, and preliminary efficacy to inform potential pediatric labeling. (ii) Limitation An investigation described in subparagraph (A)(ii) may be required only if the drug or biological product for which the application referred to in paragraph (1)(B) contains either— (I) a single new active ingredient; or (II) more than one active ingredient, if an application for the combination of active ingredients has not previously been approved but each active ingredient has been previously approved to treat an adult cancer. (iii) Results of already-completed preclinical studies of application drug The Secretary may require that reports on an investigation required pursuant to paragraph (1)(B) include the results of all preclinical studies on which the decision to conduct such investigation was based. (iv) Rule of construction regarding inactive ingredients With respect to a combination of active ingredients referred to in subparagraph (A)(ii), such subparagraph shall not be construed as addressing the use of inactive ingredients with such combination. . (2) Determination of applicable requirements Section 505B(e)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355c(e)(1) The Secretary shall determine whether subparagraph (A) or (B) of subsection (a)(1) shall apply with respect to an application before the date on which the applicant is required to submit the initial pediatric study plan under paragraph (2)(A). (3) Clarifying applicability 21 U.S.C. 355c(a)(1) (C) Rule of construction No application that is subject to the requirements of subparagraph (B) shall be subject to the requirements of subparagraph (A), and no application (or supplement to an application) that is subject to the requirements of subparagraph (A) shall be subject to the requirements of subparagraph (B). . (4) Conforming amendments Section 505B(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355c(a) (A) in paragraph (3)(C), as redesignated by paragraph (1)(A) of this subsection, by striking investigations described in this paragraph investigations referred to in subparagraph (A) (B) in paragraph (3)(D), as redesignated by paragraph (1)(A) of this subsection, by striking the assessments under paragraph (2)(B) the assessments required under paragraph (1)(A) (b) Guidance The Secretary shall— (1) not later than 1 year after the date of enactment of this Act, issue draft guidance on the implementation of the requirements in subsection (a); and (2) not later than 1 year after closing the comment period on such draft guidance, finalize such guidance. (c) Applicability The amendments made by this section apply with respect to any application under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) 42 U.S.C. 262(a) (d) Reports to Congress (1) Secretary of Health and Human Services Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the Secretary’s efforts, in coordination with industry, to ensure implementation of the amendments made by subsection (a). (2) GAO study and report (A) Study Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study of the effectiveness of requiring assessments and investigations described in section 505B of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355c (B) Findings Not later than 7 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report containing the findings of the study conducted under subparagraph (A).

Give Kids a Chance Act of 2023

Supporting Armenians Against Azerbaijani Aggression Act of 2023This bill directs and authorizes certain actions aimed at supporting Armenia in its conflict with Azerbaijan. For example, the billrepeals presidential waiver authority that allows for certain foreign assistance to Azerbaijan;authorizes foreign military financing grants to Armenia for FY2024;requires the Department of State to submit a detailed strategy to Congress to ensure the durable security for the people of Nagorno-Karabakh and a detailed report on alleged Azerbaijani atrocities in its attacks on Armenia and Nagorno-Karabakh in 2022 and 2023;authorizes the State Department and USAID to implement activities related to development of Armenia's energy sector;requires the State Department to seek opportunities for partnership between U.S. and Armenian entities on science and technology; andrequires the President to impose sanctions on certain Azerbaijani officials determined to have directed (1) operations instigating the 2020 Nagorno-Karabakh war, (2) attacks on Armenia in September 2022, (3) the blockade of the Lachin corridor beginning in December 2022, or (4) attacks on Nagorno-Karabakh in September 2023.

107 S2900 IS: Supporting Armenians Against Azerbaijani Aggression Act of 2023 U.S. Senate 2023-09-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2900 IN THE SENATE OF THE UNITED STATES September 21, 2023 Mr. Menendez Mr. Cassidy Mr. Whitehouse Mr. Padilla Mr. Van Hollen Mr. Markey Mr. Peters Committee on Foreign Relations A BILL To protect and provide humanitarian assistance to Armenians in Armenia and Nagorno-Karabakh impacted by actions taken by the Government of Azerbaijan, and for other purposes. 1. Short title This Act may be cited as the Supporting Armenians Against Azerbaijani Aggression Act of 2023 2. Findings Congress makes the following findings: (1) In September 2020, Azerbaijan invaded Nagorno-Karabakh, resulting in conflict in which more than 6,500 people in Armenia, Azerbaijan, and Nagorno-Karabakh were killed. (2) According to the United Nations High Commissioner for Refugees (UNHCR), Azerbaijan’s 2020 invasion resulted in the displacement of more than 91,000 individuals from Nagorno-Karabakh, with the vast majority, primarily women and children, living in a refugee-like (3) People displaced by Azerbaijan’s invasion of Nagorno-Karabakh continue to have acute humanitarian needs, including access to drinking water and health care. (4) The COVID–19 pandemic compounded many of the challenges faced by Armenians displaced from Nagorno-Karabakh. (5) Human Rights Watch found that Azerbaijani forces indiscriminately used cluster munitions and artillery rockets against civilian targets and destroyed civilian infrastructure, including hospitals and schools during the 2020 war. (6) In September 2022, Azerbaijan unleashed another assault on Armenian territory, including the cities of Vardenis, Sotk, Artanish, Ishkhanasar, Goris, and Kapan, which killed almost 400 military personnel. (7) Azerbaijani forces shelled Armenian communities in September 2022, killing at least 4 civilians, injuring 14, and displacing at least 7,600 people, including almost 1,500 children and 100 people with disabilities. (8) In December 2022, Azerbaijan imposed a blockade of the Lachin Corridor, a road by which 90 percent of food consumed by residents of Nagorno-Karabakh previously entered the enclave. (9) Representatives of Nagorno-Karabakh report that shortages of electricity and gas have caused 20 percent of the region’s businesses to close, led hospitals to ration power, prevented rural residents from traveling to hospitals in the capital city of Stepanakert, and resulted in children missing school. (10) The International Committee of the Red Cross (ICRC) has evacuated 196 patients from Nagorno-Karabakh through the Lachin Corridor for medical treatment since the blockade’s beginning and has helped 422 people to overcome family separations resulting from the blockade. (11) The International Court of Justice ordered Azerbaijan in February 2023 to ensure unimpeded movement of persons, vehicles, and cargo along the Lachin Corridor in both directions, (12) Azerbaijan’s installation of a military checkpoint in the Lachin Corridor in April 2023 further threatens the supply of urgent humanitarian goods to Nagorno-Karabakh. (13) On August 6, 2023, the Armenian Ombudsperson reported that no humanitarian aid had entered Nagorno-Karabakh since June 15, and that miscarriages had tripled. (14) On August 7, 2023, a United Nations group of experts stated that Azerbaijan’s ongoing blockade of the Lachin Corridor is a humanitarian emergency that has created severe shortages of essential food staples essential to ensure the safety, dignity, and well-being of all individuals during this critical time (15) In certain instances, Azerbaijani authorities have detained residents of Nagorno-Karabakh traveling to Armenia through the Lachin Corridor, leaving ethnic Armenians who choose to depart for Armenia to avoid starvation to wonder if they can depart safely. (16) According to the International Committee of the Red Cross, residents of Nagorno-Karabakh lack life-saving medication, hygiene products, and baby formula, and basic foodstuffs are increasingly scarce. (17) The United States Commission on International Religious Freedom’s 2023 Annual Report noted the documented destruction of Armenian heritage sites in Nagorno-Karabakh, including St. Sargis Church, while the European Parliament in March 2023 condemned an Azerbaijani policy to erase and deny Armenian cultural heritage in and around Nagorno-Karabakh (18) In a September 2022 report, the United Nations Committee on the Elimination of Racial Discrimination expressed deep concern in Azerbaijan regarding [i]ncitement to racial hatred and the propagation of racist stereotypes against persons of Armenian national or ethnic origin, including on the Internet and social media, as well as by public figures and government officials, and the lack of detailed information on investigations, prosecutions, convictions, and sanctions for such acts (19) Azerbaijan could open the Lachin Corridor and allow lifesaving provisions to reach the population inside, but is choosing not to. (20) Any peace agreement between Armenia and Azerbaijan will only be sustainable if its includes protections for the Armenian population of Nagorno-Karabakh. (21) On September 19, 2023 Azerbaijan launched an assault on Nagorno-Karabakh, attacking civilian infrastructure and killing numerous civilians, including children. 3. Sense of Congress It is the sense of Congress that— (1) Azerbaijan is conducting a campaign of ethnic cleansing against Armenians living in Nagorno-Karabakh and the United States and the international community have a responsibility to provide immediate humanitarian support; (2) Azerbaijan’s blockade of the Lachin Corridor threatens the lives and wellbeing of all people inside Nagorno-Karabakh, and the Government of Azerbaijan must immediately open the humanitarian corridor to allow for the flow of goods; (3) the Government of Azerbaijan must immediately cease actions that undermine the mission of the International Committee of the Red Cross and restore unfettered humanitarian access to the region, including by facilitating the transfer of food, fuel, medicine, and hygiene products; and (4) the Government of Azerbaijan should immediately release all Armenian prisoners of war. 4. Humanitarian assistance for Armenians in Armenia and Nagorno-Karabakh There is authorized to be appropriated to the United States Agency for International Development, for fiscal year 2024, $30,000,000 to provide humanitarian assistance to groups in Armenia and Nagorno-Karabakh impacted by the 2020 Nagorno-Karabakh War, Azerbaijan’s September 2022 attack on Armenia, and Azerbaijan’s blockade of the Lachin Corridor. 5. Freedom support Act section 907 waiver repeal Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 ( Public Law 107–115 22 U.S.C. 5812 assistance for the independent states of the former Soviet Union 6. Foreign military financing (a) Authorization There is authorized to be appropriated $10,000,000 for the Department of State for fiscal year 2024 for Foreign Military Financing program assistance for the Republic of Armenia. (b) Purposes The Foreign Military Financing program assistance authorized by subsection (a) shall be used to— (1) support Armenia’s sovereign independence; (2) support joint training and exercises with the United States; (3) enhance United States-Armenia interoperability; and (4) train Armenian forces for future international peacekeeping operations. 7. Strategy to protect the rights of people in Nagorno-Karabakh (a) Strategy required Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a detailed strategy to ensure the durable security for the people of Nagorno-Karabakh. (b) Elements The strategy required by subsection (a) shall include— (1) incorporating the rights and security of the people in Nagorno-Karabakh into any and all efforts to facilitate peace talks between Armenia and Azerbaijan; and (2) a plan to work with leaders of Nagorno-Karabakh and the international community to ensure— (A) the establishment of accountability measures to ensure the rights and security of the population of Nagorno-Karabakh in the event that the governments of Armenia and Azerbaijan reach a peace agreement; (B) support for the protection of Armenian cultural heritage sites in Nagorno-Karabakh; and (C) Armenians in Nagorno-Karabakh are able maintain their right to study according to a curriculum designed by local representatives, worship according to their chosen religious beliefs, and speak their preferred language. 8. Accountability for alleged Azerbaijani atrocities during September 2022 attack on Armenia (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a detailed report regarding alleged Azerbaijani atrocities during its attacks on Armenia in September 2022 and on Nagorno-Karabakh in September 2023. (b) Elements The report required under subsection (a) shall include the following elements: (1) A description of the status of efforts to investigate, verify, and promote accountability for alleged atrocities, including war crimes and crimes against humanity that Azerbaijani forces committed during the course of Azerbaijan’s attacks on Armenia in September 2022 and on Nagorno-Karabakh in September 2023, and a description any the documented atrocities to date. (2) A description of United States support for efforts to investigate, verify, and promote accountability for alleged atrocities, including war crimes and crimes against humanity that Azerbaijani forces committed during the course of Azerbaijan’s attacks on Armenia in September 2022 and on Nagorno-Karabakh in September 2023. (3) A description of efforts to promote justice for victims of alleged atrocities. (4) A strategy for diplomatic engagement to build support for widespread accountability for these atrocities, including multilateral engagements, economic sanctions, and visa restrictions. (5) Plans to deter future Azerbaijani attacks against Armenia. 9. Assistance to support the energy sector of the Republic Of Armenia (a) Authority The Secretary of State and the Administrator of the United States Agency for International Development are authorized to implement activities identified in the January 2021 Action Plan to Ensure Implementation of the Republic of Armenia Energy Sector Development Strategic Program—Market Liberalization and Electricity Trade (MLET) program (b) Technical support for grid synchronization (1) Cooperation The Secretary and the Administrator shall work with the Republic of Armenia and the Republic of Georgia, as requested by the governments of those countries, to cooperate on the synchronization of electrical grids and broker arrangements to allow for the purchase and transmission of electricity between the Republic of Armenia and the Republic of Georgia. (2) Technical assistance The Secretary and the Administrator may provide technical assistance to the Republic of Georgia and the Republic of Armenia on energy sector regulatory reforms and system modifications, including the development of compatible cross-border transmission infrastructure necessary to allow for the safe and secure operation of an integrated power grid between the Republic of Armenia and the Republic of Georgia. (c) Authorization of appropriations There is authorized to be appropriated $650,000,000 for each of fiscal years 2024 through 2026 to carry out activities under this section. 10. Partnerships for United States-Armenian cooperation on science and technology (a) In general The Secretary of State, in coordination with the heads of other relevant Federal agencies, shall seek opportunities to facilitate partnerships between various United States entities and appropriate entities in Armenia to deepen collaboration and exchanges in science and technology, including— (1) an institution of higher education; or (2) a United States national laboratory or relevant federally operated research facility, including research, innovation, or technology laboratories, proving grounds, test facilities, or centers of excellence operated by the Department of Agriculture, the Department of Transportation, or the Department of Commerce that specialize in facilitating collaboration on the development of new applied science, research and technologies in the fields of transportation, agriculture, and food production, or telecommunications and information technology. (b) Identification of partners The Secretary of State shall identify private sector entities that will contribute resources to the initiatives and projects developed through partnerships under this section. (c) Authorization of appropriations There is authorized to be appropriated $50,000,000 for each of fiscal years 2024 through 2028 for activities under this section. 11. Imposition of sanctions with respect to officials of the Government of Azerbaijan related to ethnic cleansing in Nagorno-Karabakh (a) In general Not later than 30 days after the date of the enactment of this Act, and after making the determination required by subsection (c), the President shall impose sanctions described in subsection (d) with respect to each official of the Government of Azerbaijan— (1) specified in subsection (b); or (2) determined by the President under subsection (c) to have directed an attack or the blockade described in that subsection. (b) Officials specified The officials specified in this subsection are the following: (1) The President of Azerbaijan. (2) The Minister of Defense of Azerbaijan. (3) The Minister of Defense Industry of Azerbaijan. (4) The Chief of the State Border Service of Azerbaijan. (5) The Chief of the State Security Service of Azerbaijan. (6) The Chief of the Foreign Intelligence Service of Azerbaijan. (c) Identification of additional officials Not later than 30 days after the date of the enactment of this Act, the President shall determine whether any officials of the Government of Azerbaijan, in addition to the officials specified in subsection (b), directed— (1) operations that instigated the 2020 Nagorno-Karabakh War; (2) attacks on Armenia in September 2022; (3) the blockade of the Lachin Corridor beginning in December 2022; or (4) attacks on Nagorno-Karabakh in September 2023. (d) Sanctions described The sanctions to be imposed under subsection (a) with respect to an official described in that subsection include any of the sanctions authorized under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (e) National security waiver The President may waive the imposition of sanctions under this section with respect to an official described in subsection (a) if the President— (1) determines that such a waiver is in the national security interests of the United States; and (2) submits to the appropriate congressional committees a notification of the waiver and the reasons for the waiver. 12. Appropriate congressional committees defined In this Act, the term appropriate congressional committees (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.

Supporting Armenians Against Azerbaijani Aggression Act of 2023

Tyler Clementi Higher Education Anti-Harassment Act of 2023 This bill addresses harassment at institutions of higher education (IHEs). Specifically, the bill requires each IHE to include in its annual security report a statement of policy regarding harassment on the basis of a student's actual or perceived race, color, national origin, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), disability, or religion. In addition, the Department of Education may award grants to IHEs to initiate, expand, or improve programs to (1) prevent the harassment of students; (2) provide counseling or redress services to students who have been harassed or accused of subjecting other students to harassment; or (3) educate and train students, faculty, or staff to prevent harassment or address harassment if it occurs.

118 S2902 IS: Tyler Clementi Higher Education Anti-Harassment Act of 2023 U.S. Senate 2023-09-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2902 IN THE SENATE OF THE UNITED STATES September 21, 2023 Mrs. Murray Ms. Baldwin Mr. Blumenthal Mr. Booker Mr. Brown Mr. Cardin Mr. Casey Ms. Duckworth Mrs. Feinstein Mr. Fetterman Mrs. Gillibrand Ms. Hassan Ms. Hirono Mr. Kaine Ms. Klobuchar Mr. Luján Mr. Markey Mr. Menendez Mr. Merkley Mr. Padilla Mr. Sanders Mr. Schatz Mrs. Shaheen Ms. Smith Mr. Van Hollen Ms. Warren Mr. Whitehouse Mr. Wyden Committee on Health, Education, Labor, and Pensions A BILL To prevent harassment at institutions of higher education, and for other purposes. 1. Short title This Act may be cited as the Tyler Clementi Higher Education Anti-Harassment Act of 2023 2. Institutional and financial assistance information for students Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) (1) by striking the subsection heading and inserting Disclosure of campus security and harassment policy and campus crime statistics. (2) in paragraph (6)(A)— (A) by redesignating clauses (iii), (iv), and (v) as clauses (vi), (vii), and (viii), respectively; and (B) by inserting after clause (ii) the following: (iii) The term commercial mobile service 47 U.S.C. 332(d) (iv) The term electronic communication (v) The term electronic messaging services 47 U.S.C. 1001 ; (3) by redesignating paragraphs (9) through (18) as paragraphs (10) through (19), respectively; and (4) by inserting after paragraph (8) the following: (9) (A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1)— (i) a statement of policy regarding harassment on the basis of a student’s actual or perceived race, color, national origin, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), disability, or religion, which shall include— (I) a prohibition of such harassment of enrolled students by other students, faculty, and staff— (aa) on campus; (bb) in noncampus buildings or on noncampus property; (cc) on public property; (dd) in dormitories or other residential facilities for students on campus; (ee) through the use of electronic mail addresses issued by the institution of higher education; (ff) through the use of computers and communication networks, including any telecommunications service, owned, operated, or contracted for use by the institution of higher education or its agents; or (gg) during an activity sponsored by the institution of higher education or carried out with the use of resources provided by the institution of higher education; (II) a prohibition of such harassment that is carried out in whole or in part through the use of electronic messaging services, commercial mobile services, electronic communications, or other technology; (III) a description of the institution's programs to combat harassment, which shall be aimed at the prevention of harassment; (IV) a description of the procedures that a student should follow if an incident of harassment occurs; and (V) a description of the procedures that the institution will follow once an incident of harassment has been reported; and (ii) a detailed description of each occasion in which a pattern of harassment occurs based on one or more of the characteristics described in clause (i) and the actions taken by the institution of higher education. (B) The statement of policy described in subparagraph (A)(i) shall address the following areas: (i) Procedures for timely institutional action in cases of alleged harassment, which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment. (ii) Possible sanctions to be imposed following the final determination of an institutional disciplinary procedure regarding harassment. (iii) Notification of existing counseling, mental health, or student and employee services for victims or perpetrators of harassment, both on campus and in the community. (iv) Identification of a designated employee or office at the institution that will be responsible for receiving and tracking each report of harassment by a student, faculty, or staff member. . 3. Anti-harassment Competitive Grant program (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) an institution of higher education, including an institution of higher education in a collaborative partnership with a nonprofit organization; or (B) a consortium of institutions of higher education located in the same State. (2) Secretary The term Secretary (b) Program authorized The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable eligible entities to carry out the authorized activities described in subsection (d). (c) Amount of grant awards The Secretary shall ensure that each grant awarded under this section is of sufficient amount to enable the grantee to meet the purpose of this section. (d) Authorized activities An eligible entity that receives a grant under this section shall use the funds made available through the grant to address harassment on the basis of one or more of the characteristics described in section 485(f)(9)(A)(i) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f)(9)(A)(i) (1) to prevent the harassment of students at institutions of higher education; (2) at institutions of higher education that provide counseling or redress services to students who have suffered such harassment or students who have been accused of subjecting other students to such harassment; or (3) that educate or train students, faculty, or staff of institutions of higher education about ways to recognize and prevent harassment or ways to address such harassment if it occurs. (e) Application To 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 information, as the Secretary may require. (f) Duration; renewal A grant under this section shall be awarded for a period of not more than 3 years. The Secretary may renew a grant under this section for one additional period of not more than 2 years. (g) Award considerations In awarding a grant under this section, the Secretary shall select eligible entities that demonstrate the greatest need for a grant and the greatest potential benefit from receipt of a grant. (h) Report and evaluation (1) Evaluation and report to the Secretary Not later than 6 months after the end of the eligible entity's grant period, the eligible entity shall— (A) evaluate the effectiveness of the activities carried out with the use of funds awarded pursuant to this section; and (B) prepare and submit to the Secretary a report on the results of the evaluation conducted by the entity. (2) Evaluation and report to Congress Not later than 12 months after the date of receipt of the first report submitted pursuant to paragraph (1) and annually thereafter, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that includes the following: (A) The number and types of eligible entities receiving assistance under this section. (B) The anti-harassment programs being implemented with assistance under this section and the costs of such programs. (C) Any other information determined by the Secretary to be useful in evaluating the overall effectiveness of the program established under this section in decreasing incidents of harassment at institutions of higher education. (3) Best practices report The Secretary shall use the information provided under paragraph (1) to publish a report of evidence-based best practices for combating harassment at institutions of higher education, which shall be based on scientific research that meets nationally recognized standards. The report shall be made available to all institutions of higher education and other interested parties. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2024 through 2029. 4. Effect on other laws Nothing in this Act shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. 20 U.S.C. 1681 et seq. 29 U.S.C. 794 42 U.S.C. 12101 et seq. 42 U.S.C. 2000d et seq. 20 U.S.C. 1681 et seq. 29 U.S.C. 794 42 U.S.C. 12101 et seq.

Tyler Clementi Higher Education Anti-Harassment Act of 2023

Child Poverty Reduction Act of 2023 This bill requires the Department of Health and Human Services (HHS) and the Census Bureau to take certain actions with respect to poverty measures and data related to child poverty. It also requires the National Academy of Sciences to report annually on child poverty and study other issues, such as policies to reduce intergenerational poverty. Specifically, HHS must enter into an agreement with the Census Bureau to annually report an anchored supplemental poverty measure for individuals under the age of 18 and must otherwise collaborate with the bureau to, for example, correct income data to account for underreporting. Currently, the Census Bureau uses the official poverty measure (based on cash resources) and the supplemental poverty measure (based on both cash and certain noncash resources, such as nutrition assistance program benefits) to measure poverty. Anchoring the supplemental poverty measure fixes the poverty threshold at a given point in time and then adjusts it for inflation. HHS must publish resources on its website related to child poverty, and the Census Bureau must release certain economic and survey data at the same time it releases a specific report related to income, poverty, and health insurance coverage in the United States.

118 S2906 IS: Child Poverty Reduction Act of 2023 U.S. Senate 2023-09-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2906 IN THE SENATE OF THE UNITED STATES September 21, 2023 Mr. Casey Ms. Baldwin Mr. Brown Committee on Finance A BILL To reduce child poverty in the United States, and for other purposes. 1. Short title This Act may be cited as the Child Poverty Reduction Act of 2023 2. Child poverty goal and accountability Title IV of the Social Security Act ( 42 U.S.C. 601 et seq. C Child poverty accountability measure 441. National goal to cut child poverty by half (a) Statement of policy It is the policy of the United States to reduce the number of children living in poverty in the United States by half in 5 years. (b) Sense of the Congress It is the sense of the Congress that an effort to reach the goal described in subsection (a) shall include reducing the number of children in deep poverty as well as reducing child poverty among racial or ethnic groups with disparate poverty rates. 442. Establishment of annual reporting (a) Anchored supplemental poverty measure The Secretary shall enter into an agreement with the Bureau of the Census to report an anchored Supplemental Poverty Measure for individuals who have not attained 18 years of age, annually beginning with calendar year 2023. Beginning with the report for calendar year 2024, the report shall be based on poverty thresholds which are adjusted for inflation using the Consumer Price Index for all-urban consumers (as published by the Department of Labor). This subsection shall not be interpreted to require or authorize the replacement of any other calculation or measure reported by the Bureau of the Census. (b) Timing of release of Current Population Survey Annual Social and Economic Supplement microdata The Bureau of the Census shall release the Current Population Survey Annual Social and Economic Supplement microdata for each year as a single file containing the anchored Supplemental Poverty Measure and any other poverty rates the Bureau of the Census reports. The file shall be released at the same time as the Bureau of the Census report on Income, Poverty, and Health Insurance Coverage in the United States. That report, or companion reports, should include poverty statistics and thresholds for the anchored Supplemental Poverty Measure and any other measures the Bureau of the Census reports. (c) Reporting in relation to the territories (1) In general The Secretary shall enter into an agreement with the Bureau of the Census to develop data to report an anchored Supplemental Poverty Measure for Puerto Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, and American Samoa, as part of the annual report required by subsection (a), not later than the close of fiscal year 2025. (2) Report required if compliance is not feasible If the Secretary determines that it will not be feasible to comply with all or part of paragraph (1), the Secretary shall submit to the Congress, not later than 6 months after the date of the enactment of this section, a report that explains what is not feasible, why it is not feasible, and includes details on what, if anything, would be needed to enable such compliance and by what date compliance could be achieved. (3) Limitations on authorization of appropriations To carry out this subsection, there are authorized to be appropriated to the Secretary a total of not more than $2,000,000 for fiscal years 2024 through 2026. (d) Improving income data for use in annual reporting (1) In general The Secretary shall enter into an agreement with the Bureau of the Census to develop income data with corrections for under-reporting of income data for calculating an anchored Supplemental Poverty Measure as part of the annual report required by subsection (a), not later than the close of fiscal year 2025. (2) Report required if compliance is not feasible If the Secretary determines that it will not be feasible to comply with all or part of paragraph (1), the Secretary shall submit to the Congress, not later than 6 months after the date of the enactment of this section, a report that explains what is not feasible, why it is not feasible, and includes details on what, if anything, would be needed to enable such compliance and by what date compliance could be achieved. 443. Child poverty reports (a) Annual reports on the effect of Federal policies on child poverty in the United States Within 6 months after the date of the enactment of this section, the Secretary shall enter into an agreement with the National Academy of Sciences to submit to the Congress annual reports providing an evidence-based, non-partisan analysis of how Federal policies or programs have contributed to meeting the goal set forth in section 441(a), based on their effect on the anchored Supplemental Poverty Measure for children as reported by the Bureau of the Census pursuant to section 442. (b) Contents of reports (1) In general Each such report— (A) shall analyze how, and the extent to which, Federal policies and programs contribute to meeting the goal referred to in subsection (a) of this section; (B) shall take into account the number of children in deep poverty and child poverty among racial or ethnic groups with disparate poverty rates; (C) shall attempt to ascertain whether each studied policy or program reduces or increases the number of children living in poverty, why the policy or program does so, and the extent to which the policy or program does so; and (D) shall include, to the extent feasible, projections on how such policies or programs would affect the number of children living in poverty in future years, which shall be made on the basis of previously released Current Population Survey Annual Social and Economic Supplement data, and adjusted periodically as new estimates from the Bureau of the Census become available. (2) Data corrections Where feasible, each such report shall correct the underlying Current Population Survey Annual Social and Economic Supplement data, for under-reporting of income and in-kind benefits and shall include estimates using both uncorrected and corrected income data. Because available information with which to produce corrected income data is currently limited and not timely, each such report shall indicate the year to which the corrected income data pertain and other limitations of the data. As soon as corrected income data from the Census Bureau become available under section 442(d), each such report shall use those data. (c) Feasibility review of State and local evidence-Based policies The 1st report under subsection (a) shall include a review of the feasibility of including consideration of State and local evidence-based policies or programs in subsequent such reports, and if the review determines that including the consideration is feasible, then each such report shall include an analysis of the additional policies. (d) Timing Each report for a year under subsection (a) shall be made after the report of the United States Census Bureau on Income, Poverty, and Health Insurance Coverage in the United States for the year is released, and— (1) in the case of the 1st such report, before the beginning of the 1st calendar year that begins more than 6 months after the date of the enactment of this section; or (2) in the case of each subsequent such report, before the end of the year. (e) Limitations on authorization of appropriations To carry out this section, there are authorized to be appropriated not more than— (1) $1,200,000 for fiscal year 2024; and (2) $1,000,000 for each of fiscal years 2025 through 2033. 444. Child poverty reduction strategy clearinghouse The Secretary shall establish, and annually update, on a website of the Department of Health and Human Services, an online collection of resources related to the national child poverty reduction goal established in section 441 of this Act, including— (1) the anchored Supplemental Poverty Measure published under section 442 of this Act; (2) the reports required by section 443 of this Act; (3) the report required by section 3 of the Child Poverty Reduction Act of 2023 (4) the report required by section 4 of the Child Poverty Reduction Act of 2023 (5) links to other relevant Federal reports, analyses, evaluations, and resources related to child poverty as determined by the Secretary. 445. Definitions In this part: (1) Anchored The term anchored (2) Poverty The term poverty (3) Deep poverty The term deep poverty . 3. Update of A Roadmap to Reduce Child Poverty (a) In general Within 12 months after the date of the enactment of this section, the Secretary of Health and Human Services shall enter into an agreement with the National Academy of Sciences to revise and update the National Academies' report entitled A Roadmap to Reduce Child Poverty (b) Limitations on authorization of appropriations To carry out subsection (a), there are authorized to be appropriated not more than $2,200,000. 4. Report on reducing long-term, intergenerational child poverty (a) In general Within 6 months after the date of the enactment of this section, the Secretary of Health and Human Services shall enter into an agreement with the National Academy of Sciences to publish, within 36 months after the date of entry into the agreement, a report on evidence-based policies to reduce long-term, intergenerational child poverty, which report shall build on the National Academies' report entitled A Roadmap to Reduce Child Poverty (b) Limitations on authorization of appropriations To carry out subsection (a), there are authorized to be appropriated not more than $2,200,000.

Child Poverty Reduction Act of 2023

SNAP Tribal Food Sovereignty Act of 2023 This bill directs the Department of Agriculture to enter into self-determination contracts upon the request of Indian tribes and tribal organizations to carry out the Supplemental Nutrition Assistance Program.

118 S2912 IS: SNAP Tribal Food Sovereignty Act of 2023 U.S. Senate 2023-09-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2912 IN THE SENATE OF THE UNITED STATES September 21, 2023 Ms. Smith Mr. Rounds Committee on Indian Affairs A BILL To amend the Indian Self-Determination and Education Assistance Act to allow the Secretary of Agriculture to enter into self-determination contracts with Indian Tribes and Tribal organizations to carry out supplemental nutrition assistance programs. 1. Short title This Act may be cited as the SNAP Tribal Food Sovereignty Act of 2023 2. Self-determination for SNAP Title I of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5321 et seq. 112. Self-determination for SNAP (a) Agriculture Self-Determination authorized The Secretary of Agriculture shall enter into self-determination contracts, in accordance with subsection (b), with Indian Tribes and Tribal organizations, on the request of any Indian Tribe by Tribal resolution, to plan, conduct, and administer any function, service, or activity of the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. (b) Self-Determination contract A self-determination contract entered into under subsection (a) shall have the same terms and conditions, and be subject to the same procedures, regulations, and requirements, as a self-determination contract entered into under section 102, except that the Secretary of Agriculture and the Department of Agriculture shall be the appropriate Secretary and agency for purposes of a self-determination contract entered into under subsection (a). (c) Technical assistance The Office of Self-Governance of the Bureau of Indian Affairs shall provide technical assistance regarding the self-determination contracts authorized under this section to— (1) the Secretary of Agriculture; and (2) Indian Tribes and Tribal organizations that request that assistance. .

SNAP Tribal Food Sovereignty Act of 2023

Denying Pensions to Convicted Child Molesters Act of 2023 This bill denies federal retirement benefits to individuals convicted of child sex abuse. Specifically, an individual, or a survivor or beneficiary of an individual, may not be paid annuity or retired pay on the basis of the individual's service that is creditable toward the annuity or retired pay (with exceptions) following conviction of (1) aggravated sexual abuse of a child, (2) abusive sexual conduct, or (3) specified related offenses resulting in death. Further, the bill denies benefits where the individual is under indictment for such an offense and willfully remains outside of the United States for more than one year to avoid prosecution. Finally, the bill provides for payments to the victims of of sexual abuse from amounts that would otherwise be payable from the annuity or retired pay of offenders.

118 S2913 IS: Denying Pensions to Convicted Child Molesters Act of 2023 U.S. Senate 2023-09-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2913 IN THE SENATE OF THE UNITED STATES September 26 (legislative day, September 22), 2023 Mr. Daines Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to deny Federal retirement benefits to individuals convicted of child sex abuse. 1. Short title This Act may be cited as the Denying Pensions to Convicted Child Molesters Act of 2023 2. Denial of retirement benefits (a) In general Subchapter II of chapter 83 section 8312 8312a. Convicted child molesters (a) Prohibition (1) In general An individual, or a survivor or beneficiary of an individual, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in sections 8311(2) and (3) of this title and subsections (d) and (e) of this section, if the individual is convicted of an offense— (A) within the purview of section 2241(c), section 2243(a), or paragraph (3) or (5) of section 2244(a) of title 18; and (B) for which the conduct constituting the offense is committed on or after the date of enactment of this section, which shall include any offense that includes conduct that continued on or after such date of enactment. (2) Notice If an individual entitled to an annuity or retired pay is convicted of an offense described in paragraph (1), the Attorney General shall notify the head of the agency administering the annuity or retired pay of the individual. (b) Foreign offenses (1) In general For purposes of subsection (a), a conviction of an offense within the meaning of such subsection may be established if the Attorney General certifies to the agency administering the annuity or retired pay concerned— (A) that an individual has been convicted by an impartial court of appropriate jurisdiction within a foreign country in circumstances in which the conduct would constitute an offense described in subsection (a)(1), had such conduct taken place within the United States, and that such conviction is not being appealed or that final action has been taken on such appeal; (B) that such conviction was obtained in accordance with procedures that provided the defendant due process rights comparable to such rights provided by the United States Constitution, and such conviction was based upon evidence which would have been admissible in the courts of the United States; and (C) that such conduct occurred after the date of enactment of this section, which shall include any offense that includes conduct that continued on or after such date of enactment. (2) Review Any certification made pursuant to this subsection shall be subject to review by the United States Court of Federal Claims based upon the application of the individual concerned, or his or her attorney, alleging that a condition set forth in subparagraph (A), (B), or (C) of paragraph (1), as certified by the Attorney General, has not been satisfied in his or her particular circumstances. Should the court determine that any of these conditions has not been satisfied in such case, the court shall order any annuity or retirement benefit to which the individual concerned is entitled to be restored and shall order that any payments which may have been previously denied or withheld to be paid by the department or agency concerned. (c) Absence from the United States To avoid prosecution (1) In general An individual, or a survivor or beneficiary of an individual, may not be paid annuity or retired pay on the basis of the service of the individual in any position as an officer or employee of the Federal Government which is creditable toward the annuity or retired pay, subject to the exceptions in sections 8311(2) and (3) of this title, if the individual— (A) is under indictment for an offense described in subsection (a); and (B) willfully remains outside the United States, or its territories and possessions including the Commonwealth of Puerto Rico, for more than 1 year with knowledge of the indictment. (2) Period The prohibition on payment of annuity or retired pay under paragraph (1) applies during the period— (A) beginning on the day after the end of the 1-year period described in paragraph (1); and (B) ending on the date on which— (i) a nolle prosequi to the entire indictment is entered on the record or the charges are dismissed by competent authority; (ii) the individual returns and thereafter the indictment or charges is or are dismissed; or (iii) after trial by court or court-martial, the accused is found not guilty of the offense or offenses. (d) Pardons (1) Restoration of annuity or retired pay If an individual who forfeits an annuity or retired pay under this section is pardoned by the President, the right of the individual and a survivor or beneficiary of the individual to receive annuity or retired pay previously denied under this section is restored as of the date of the pardon. (2) Limitation Payment of annuity or retired pay which is restored under paragraph (1) based on pardon by the President may not be made for a period before the date of pardon. (e) Payments to victims (1) In general Notwithstanding section 8346(a), section 8470(a), or any other provision of law exempting an annuity or retired pay from execution, levy, attachment, garnishment, or other legal process, if the annuity or retired pay of an individual is subject to forfeiture under this section, the head of the agency administering the annuity or retired pay shall pay, from amounts that would have been used to pay the annuity or retired pay, amounts to a victim of an offense described in subsection (a) committed by the individual if and to the extent payment of such amounts is expressly provided for in— (A) any court order of restitution to or similar compensation of the victim; or (B) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered against such individual relating to the offense or the course of conduct constituting the offense. (2) Maximum amount The total amount paid to a victim under paragraph (1) shall not exceed the amount that is subject to forfeiture under this section. (3) Limit on refunds Contributions and deposits by an individual whose annuity or retired pay is subject to forfeiture under this section shall not be refunded under section 8316 to the extent the amount of such contributions or deposits are paid to a victim under paragraph (1). . (b) Nonaccrual of interest on refunds Section 8316 of title 5, United States Code, is amended— (1) in subsection (a), in the matter preceding paragraph (1), by inserting under section 8312a or because an individual (2) in subsection (b)— (A) in paragraph (1), by striking or (B) in paragraph (2), by striking the period at the end and inserting or (C) by adding at the end the following: (3) if the individual is convicted of an offense described in section 8312a(a), for the period after the conviction. . (c) Conforming amendment The table of sections for chapter 83 section 8312 8312a. Convicted child molesters. .

Denying Pensions to Convicted Child Molesters Act of 2023

Prescription Information Modernization Act of 2023 This bill allows health care providers to receive prescribing information for drugs electronically rather than in paper form from manufacturers. Manufacturers must still give providers the option to continue to receive or request the information in paper form. Additionally, the Food and Drug Administration must hold a public workshop to discuss with stakeholders how to optimize the format, accessibility, and usability of prescribing information.

118 S2916 IS: Prescription Information Modernization Act of 2023 U.S. Senate 2023-09-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2916 IN THE SENATE OF THE UNITED STATES September 26 (legislative day, September 22), 2023 Mr. Booker Mr. Mullin Committee on Health, Education, Labor, and Pensions A BILL To provide for digital communication of prescribing information for drugs (including biological products), and for other purposes. 1. Short title This Act may be cited as the Prescription Information Modernization Act of 2023 2. Digital communication of FDA-approved prescribing information for drugs (including biological products) (a) In general Section 502(f) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352(f) Required prescribing information for drugs subject to section 503(b)(1) may be made available solely by electronic means, provided that the labeling complies with all applicable requirements of law, that the manufacturer affords prescribers and dispensers the opportunity to elect to also continue to receive all such information in paper form or to request paper labeling on an as-needed basis, and, after such request, that the manufacturer promptly provides the requested information without additional cost. (b) Rulemaking (1) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue final regulations to— (A) implement the amendment made by subsection (a); and (B) provide instructions on how health care professionals can receive paper copies of prescribing information directly from the manufacturer or distributor if desired. (2) Economic impacts The Secretary of Health and Human Services shall design the regulations required by paragraph (1) so as to minimize the adverse economic impacts of such regulations on prescribers and dispensers. (c) Public workshop Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall hold a public workshop with relevant stakeholders to discuss how to continue to optimize the format, accessibility, and usability of prescribing information. (d) Effective date The amendment made by subsection (a) shall apply with respect to drugs introduced or delivered for introduction into interstate commerce on or after the sooner of— (1) the date that is 2 years after the date of the enactment of this Act; or (2) the effective date of the final regulations promulgated to implement such amendment. (e) Definition In this section, the term drug 21 U.S.C. 321

Prescription Information Modernization Act of 2023

Northern Border Regional Commission Reauthorization Act of 2023 This bill makes changes to the authorities and programs of regional economic and infrastructure development commissions. Specifically, the bill reauthorizes the Northern Border Regional Commission (NBRC) and establishes and expands NBRC grant programs. The NBRC must establish a state capacity building program to provide grants to commission states (Maine, New Hampshire, New York, and Vermont) to better support business retention and expansion in eligible counties and for other specified purposes. Each commission state shall provide to the NBRC an annual work plan that includes the proposed use of the grant. Additionally, the NBRC may make grants for the planning, construction, equipment, and operation of demonstration health, nutrition, and child care projects. Such grants must give special emphasis to projects and activities to address substance use disorders, including opioid and methamphetamine use. The bill authorizes these regional commissions (as part of economic and infrastructure development grants) to (1) design, build, implement, or upgrade transportation or basic public infrastructure or workforce capacity to support the adaptation to and mitigation of climate challenges; and (2) promote the production of housing to meet economic development and workforce needs. Each commission may accept transfers of funds from other federal agencies. Discretionary grants made by a commission to implement significant regional initiatives, to take advantage of special development opportunities, or to respond to emergency economic distress may be made without regard to specified percentage limitations. The bill limits the aggregate amount of discretionary grants.

115 S292 IS: Northern Border Regional Commission Reauthorization Act of 2023 U.S. Senate 2023-02-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 292 IN THE SENATE OF THE UNITED STATES February 7, 2023 Mrs. Shaheen Ms. Collins Mr. Schumer Mr. King Mrs. Gillibrand Mr. Welch Ms. Hassan Mr. Sanders Committee on Environment and Public Works A BILL To amend title 40, United States Code, to modify certain requirements for Regional Commissions, to reauthorize the Northern Border Regional Commission, and for other purposes. 1. Short title This Act may be cited as the Northern Border Regional Commission Reauthorization Act of 2023 2. Regional Commissions modifications (a) Membership of Commissions Section 15301 of title 40, United States Code, is amended— (1) in subsection (b)(2)(C)— (A) by striking An alternate member (i) In general An alternate member ; and (B) by adding at the end the following: (ii) State alternates If the alternate State member is unable to vote in accordance with clause (i), the alternate State member may delegate voting authority to a designee, subject to the condition that the executive director shall be notified, in writing, of the designation not less than 1 week before the applicable vote is to take place. ; and (2) in subsection (f), by striking a Federal employee an employee (b) Decisions of Commissions Section 15302 of title 40, United States Code, is amended— (1) in subsection (a), by inserting or State alternate members, including designees State members (2) by striking subsection (c) and inserting the following: (c) Quorums (1) In general Subject to paragraph (2), a Commission shall determine what constitutes a quorum for meetings of the Commission. (2) Requirements Any quorum for meetings of a Commission shall include— (A) the Federal Cochairperson or the alternate Federal Cochairperson; and (B) a majority of State members or alternate State members, including designees (exclusive of members representing States delinquent under section 15304(c)(3)(C)). . (c) Administrative powers and expenses of Commissions Section 15304(a)(9) of title 40, United States Code, is amended by striking maintain a government relations office in the District of Columbia and (d) Meetings of Commissions Section 15305(b) of title 40, United States Code, is amended by striking with the Federal Cochairperson (1) the Federal Cochairperson; and (2) at least a majority of the State members or alternate State members (including designees) present in-person or via electronic means. . 3. Transfer of funds from other Federal agencies (a) In general Chapter 153 of subtitle V of title 40, United States Code, is amended— (1) by redesignating section 15308 as section 15309; and (2) by inserting after section 15307 the following: 15308. Transfer of funds from other Federal agencies (a) In general Subject to subsection (c), for purposes of this subtitle, each Commission may accept transfers of funds from other Federal agencies. (b) Transfers Any Federal agency authorized to carry out an activity that is within the authority of a Commission may transfer to the Commission any appropriated funds for the activity. (c) Treatment Any funds transferred to a Commission under this section— (1) shall remain available until expended; and (2) may, to the extent necessary to carry out this subtitle, be transferred to, and merged with, the amounts made available by appropriations Acts for the Commission by the Federal Cochairperson. . (b) Clerical amendment The analysis for chapter 153 of subtitle V of title 40, United States Code, is amended by striking the item relating to section 15308 and inserting the following: 15308. Transfer of funds from other Federal agencies. 15309. Annual reports. . 4. Economic and infrastructure development grants Section 15501 of title 40, United States Code, is amended— (1) in subsection (a)— (A) by redesignating paragraphs (4) through (9) as paragraphs (6) through (11), respectively; and (B) by inserting after paragraph (3) the following: (4) to design, build, implement, or upgrade transportation or basic public infrastructure or workforce capacity to support the adaption to and mitigation of climate challenges; (5) to promote the production of housing to meet economic development and workforce needs; ; and (2) in subsection (b), by striking paragraph (1), (2), (3), or (7) paragraph (1), (2), (3), (4), (5), (7), or (9) 5. Financial assistance (a) In general Chapter 155 of subtitle V of title 40, United States Code, is amended by adding at the end the following: 15507. Discretionary grants (a) Grants to which percentage limitation doesn’t apply Discretionary grants made by a Commission to implement significant regional initiatives, to take advantage of special development opportunities, or to respond to emergency economic distress in the region of the Commission may be made without regard to the percentage limitations described in section 15501(d). (b) Limitation on aggregate amount For each fiscal year, the aggregate amount of discretionary grants referred to in subsection (a) shall not be more than 10 percent of the amount made available to carry out this subtitle for the fiscal year. 15508. Payment of non-Federal share for certain Federal grant programs Notwithstanding any other provision of law relating to payment of a non-Federal share of a project carried out under a Federal grant program, amounts made available to carry out this subtitle shall be available for the payment of such a non-Federal share for any project for which a Commission is not the sole or primary funding source, subject to the condition that the project is consistent with the purposes of the Commission. . (b) Clerical amendment The analysis for chapter 155 of subtitle V of title 40, United States Code, is amended by adding at the end the following: 15507. Discretionary grants. 15508. Payment of non-Federal share for certain Federal grant programs. . 6. Northern Border Regional Commission (a) Counties in Maine and New Hampshire Section 15733 of title 40, United States Code, is amended— (1) in paragraph (1), by inserting Lincoln, Knox, (2) in paragraph (2), by inserting Merrimack, Grafton, (b) Authorization of appropriations Section 15751 of title 40, United States Code, is amended by striking subsection (a) and inserting the following: (a) In general There are authorized to be appropriated to each Commission to carry out this subtitle— (1) $50,000,000 for each of fiscal years 2023 through 2027; and (2) $60,000,000 for each of fiscal years 2028 through 2032. . 7. Northern Forest region programs (a) In general Subtitle V of title 40, United States Code, is amended by adding at the end the following: 159 Northern Forest Region Programs 15901. Definitions In this chapter: (1) NBRC The term NBRC (2) Northern Forest region The term Northern Forest region 15902. State capacity building grant program (a) Definitions In this section: (1) Commission state The term Commission State (2) Eligible county The term eligible county (3) Program The term program (b) Establishment The NBRC shall establish a State capacity building grant program to provide grants to Commission States to carry out the purpose under subsection (c). (c) Purpose The purpose of the program is to support the efforts of the NBRC— (1) to better support business retention and expansion in eligible counties; (2) to create programs to encourage job creation and workforce development in eligible counties; (3) to prepare economic and infrastructure plans for eligible counties; (4) to expand access to high-speed broadband in eligible counties; (5) to provide technical assistance that results in NBRC investments in transportation, water, wastewater, and other critical infrastructure; (6) to create initiatives to increase the effectiveness of local development districts in eligible counties; and (7) to implement new or innovative economic development practices that will better position the eligible counties of Commission States to compete in the global economy. (d) Use of funds (1) In general Funds from a grant under the program may be used to support a project, program, or related expense of the Commission State in an eligible county. (2) Limitation Funds from a grant under the program shall not be used for— (A) the purchase of furniture, fixtures, or equipment; (B) the compensation of— (i) any State member of the Commission (as described in section 15301(b)(1)(B)); or (ii) any State alternate member of the Commission (as described in section 15301(b)(2)(B)); or (C) the cost of supplanting existing State programs. (e) Annual work plan (1) In general For each fiscal year, before providing a grant under the program, each Commission State shall provide to the NBRC an annual work plan that includes the proposed use of the grant. (2) Approval No grant under the program shall be provided to a Commission State unless the NBRC has approved the annual work plan of the State. (f) Amount of grant (1) In general The amount of a grant provided to a Commission State under the program for a fiscal year shall be based on the proportion that— (A) the amount paid by the Commission State (including any amounts paid on behalf of the Commission State by a nonprofit organization) for administrative expenses for the applicable fiscal year (as determined under section 15304(c)); bears to (B) the amount paid by all Commission States (including any amounts paid on behalf of a Commission State by a nonprofit organization) for administrative expenses for that fiscal year (as determined under that section). (2) Requirement To be eligible to receive a grant under the program for a fiscal year, a Commission State (or a nonprofit organization on behalf of the Commission State) shall pay the amount of administrative expenses of the Commission State for the applicable fiscal year (as determined under section 15304(c)). (3) Approval For each fiscal year, a grant provided under the program shall be approved and made available as part of the approval of the annual budget of the NBRC. (g) Grant availability Funds from a grant under the program shall be available only during the fiscal year for which the grant is provided. (h) Report Each fiscal year, each Commission State shall submit to the NBRC and make publicly available a report that describes the use of the grant funds and the impact of the program in the Commission State. (i) Continuation of program The program under this section shall be a continuation of the program under section 6304(c) of the Agriculture Improvement Act of 2018 ( 40 U.S.C. 15501 Public Law 115–334 (j) Funding (1) In general There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2023 through 2032. (2) Supplement, not supplant Funds made available to carry out this section shall supplement and not supplant funds made available for the NBRC and other activities of the NBRC. 15903. Demonstration health projects (a) Purpose To demonstrate the value of adequate health facilities and services to the economic development of the Northern Forest region, the NBRC may make grants for the planning, construction, equipment, and operation of demonstration health, nutrition, and child care projects, including hospitals, regional health diagnostic and treatment centers, and other facilities and services necessary for the purposes of this section. (b) Planning grants (1) Authority to provide amounts and make grants The NBRC may make grants for expenses of planning necessary for the development and operation of demonstration health projects for the Northern Forest region. (2) Maximum NBRC contributions The maximum NBRC contributions for a grant for the construction or equipment of any component of a demonstration health project shall be made in accordance with section 15501(d). (3) Sources of assistance The NBRC contribution may be provided entirely from amounts authorized under this section or in combination with amounts provided under other Federal grant programs. (4) Federal share Notwithstanding any provision of law limiting the Federal share in other Federal grant programs described in paragraph (3), amounts appropriated to carry out this section may be used to increase the Federal share to the maximum percentage cost of a grant authorized by paragraph (2). (c) Construction and equipment grants (1) Additional uses for construction grants Grants under this section for construction may also be used for— (A) the acquisition of privately owned facilities— (i) not operated for profit; or (ii) previously operated for profit if the NBRC finds that health services would not otherwise be provided in the area served by the facility if the acquisition is not made; and (B) initial equipment. (2) Standards for making grants Grants under this section for construction shall be made in accordance with section 15501 and shall not be incompatible with the applicable provisions of title VI of the Public Health Service Act ( 42 U.S.C. 291 et seq. 42 U.S.C. 15001 et seq. (3) Maximum NBRC contributions The maximum NBRC contributions for a grant for the construction or equipment of any component of a demonstration health project shall be made in accordance with section 15501(d). (4) Sources of assistance The NBRC contribution may be provided entirely from amounts authorized under this section or in combination with amounts provided under other Federal grant programs for the construction or equipment of health-related facilities. (5) Federal share Notwithstanding any provision of law limiting the Federal share in other Federal grant programs described in paragraph (4), amounts authorized under this section may be used to increase Federal grants for component facilities of a demonstration health project to a maximum of 80 percent of the cost of the facilities. (d) Operation grants (1) Standards for making grants A grant for the operation of a demonstration health project shall not be made unless the facility is publicly owned, or owned by a public or private nonprofit organization, and is not operated for profit. (2) Maximum NBRC contributions Grants under this section for the operation (including initial operating amounts and operating deficits, including the cost of attracting, training, and retaining qualified personnel) of a demonstration health project, whether or not constructed with amounts authorized to be appropriated by this section, shall be made in accordance with section 15501(d). (3) Sources of assistance The NBRC contribution may be provided entirely from amounts appropriated to carry out this section or in combination with amounts provided under other Federal grant programs for the operation of health related facilities and the provision of health and child development services, including parts A and B of title IV and title XX of the Social Security Act ( 42 U.S.C. 601 et seq. (4) Federal share Notwithstanding any provision of law limiting the Federal share in those other programs, amounts appropriated to carry out this section may be used to increase Federal grants for operating components of a demonstration health project to the maximum percentage cost of a grant authorized by this subsection. (5) State deemed to meet requirement of providing assistance or services on statewide basis Notwithstanding any provision of the Social Security Act ( 42 U.S.C. 301 et seq. (e) Emphasis on programs To address substance use disorders To provide for the further development of the human resources of the Northern Forest region, grants under this section shall give special emphasis to projects and activities to address substance use disorders, including opioid and methamphetamine use, in the Northern Forest region, including projects and activities— (1) to increase access to and disseminate information on the availability of substance use disorder treatment programs; (2) to strengthen the substance use disorder workforce operating in the Northern Forest region, including programs to attract and retain relevant health care services, businesses, and staff; (3) to facilitate the sharing of best practices among States, counties, and other experts in the Northern Forest region with respect to reducing substance use disorders; (4) to initiate or expand programs designed to eliminate or reduce the harm to the workforce and economic growth of the region that results from that abuse; and (5) to develop relevant infrastructure, including broadband infrastructure that supports the use of telemedicine. . (b) Repeal Section 6304(c) of the Agriculture Improvement Act of 2018 ( 40 U.S.C. 15501 Public Law 115–334 (c) Clerical amendment The table of sections for subtitle V of title 40, United States Code, is amended by inserting after the item relating to chapter 157 the following: “Chapter 159–Northern Forest Region Programs 15901. Definitions. 15902. State capacity building grant program. 15903. Demonstration health projects. .

Northern Border Regional Commission Reauthorization Act of 2023

CFPB Pay Fairness Act of 2023 This bill requires employees of the Consumer Financial Protection Bureau to be compensated according to the General Schedule pay scale for federal employees.

118 S2925 IS: CFPB Pay Fairness Act of 2023 U.S. Senate 2023-09-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2925 IN THE SENATE OF THE UNITED STATES September 26 (legislative day, September 22), 2023 Mr. Kennedy Mr. Tillis Committee on Banking, Housing, and Urban Affairs A BILL To amend the Consumer Financial Protection Act of 2010 to set the rate of pay for employees of the Bureau of Consumer Financial Protection in accordance with the General Schedule. 1. Short title This Act may be cited as the CFPB Pay Fairness Act of 2023 2. Rate of pay for employees of the Bureau of Consumer Financial Protection (a) In general Section 1013(a)(2) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5493(a)(2) (2) Compensation The rates of basic pay for all employees of the Bureau shall be set and adjusted by the Director in accordance with the General Schedule set forth in section 5332 of title 5, United States Code. . (b) Effective date The amendment made by subsection (a) shall take effect on the date that is 90 days after the date of enactment of this Act.

CFPB Pay Fairness Act of 2023

Tobacco Tax Equity Act of 2023 This bill increases the excise tax on cigarettes and cigars and equalizes tax rates among all other tobacco products. It also imposes a tax on nicotine for use in vaping.

118 S2929 IS: Tobacco Tax Equity Act of 2023 U.S. Senate 2023-09-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2929 IN THE SENATE OF THE UNITED STATES September 26 (legislative day, September 22), 2023 Mr. Durbin Mr. Wyden Mr. Blumenthal Mr. Merkley Mr. Brown Mr. Markey Ms. Hirono Mrs. Murray Mr. Reed Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide tax rate parity among all tobacco products, and for other purposes. 1. Short title This Act may be cited as the Tobacco Tax Equity Act of 2023 2. Increasing excise taxes on cigarettes and establishing excise tax equity among all tobacco product tax rates (a) Tax parity for Roll-Your-Own tobacco Section 5701(g) $24.78 $49.56 (b) Tax parity for pipe tobacco Section 5701(f) $2.8311 cents $49.56 (c) Tax parity for smokeless tobacco (1) Section 5701(e) (A) in paragraph (1), by striking $1.51 $26.84 (B) in paragraph (2), by striking 50.33 cents $10.74 (C) by adding at the end the following: (3) Smokeless tobacco sold in discrete single-use units On discrete single-use units, $100.66 per thousand. . (2) Section 5702(m) of such Code is amended— (A) in paragraph (1), by striking or chewing tobacco , chewing tobacco, or discrete single-use unit (B) in paragraphs (2) and (3), by inserting that is not a discrete single-use unit (C) by adding at the end the following: (4) Discrete single-use unit The term discrete single-use unit (A) is not intended to be smoked; and (B) is in the form of a lozenge, tablet, pill, pouch, dissolvable strip, or other discrete single-use or single-dose unit. . (d) Tax parity for small cigars Paragraph (1) of section 5701(a) $50.33 $100.66 (e) Tax parity for large cigars (1) In general Paragraph (2) of section 5701(a) 52.75 percent $49.56 per pound and a proportionate tax at the like rate on all fractional parts of a pound but not less than 10.066 cents per cigar. (2) Guidance The Secretary of the Treasury, or the Secretary's delegate, may issue guidance regarding the appropriate method for determining the weight of large cigars for purposes of calculating the applicable tax under section 5701(a)(2) (3) Conforming amendment Section 5702 of such Code is amended by striking subsection (l). (f) Tax parity for Roll-Your-Own tobacco and certain processed tobacco Subsection (o) of section 5702 , and includes processed tobacco that is removed for delivery or delivered to a person other than a person with a permit provided under section 5713, but does not include removals of processed tobacco for exportation wrappers thereof (g) Imposition of tax on nicotine for use in vaping, etc (1) In general Section 5701 (h) Nicotine On taxable nicotine, manufactured in or imported into the United States, there shall be imposed a tax equal to the dollar amount specified in section 5701(b)(1) per 1,810 milligrams of nicotine (and a proportionate tax at the like rate on any fractional part thereof). . (2) Taxable nicotine Section 5702 of such Code is amended by adding at the end the following new subsection: (q) Taxable nicotine (1) In general Except as otherwise provided in this subsection, the term taxable nicotine (2) Exception for products approved by Food and Drug Administration Such term shall not include any nicotine if the manufacturer or importer thereof demonstrates to the satisfaction of the Secretary of Health and Human Services that such nicotine will be used in— (A) a drug— (i) that is approved under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of the Public Health Service Act; or (ii) for which an investigational use exemption has been authorized under section 505(i) of the Federal Food, Drug, and Cosmetic Act or under section 351(a) of the Public Health Service Act; or (B) a combination product (as described in section 503(g) of the Federal Food, Drug, and Cosmetic Act), the constituent parts of which were approved or cleared under section 505, 510(k), or 515 of such Act. (3) Coordination with taxation of other tobacco products Tobacco products meeting the definition of cigars, cigarettes, smokeless tobacco, pipe tobacco, and roll-your-own tobacco in this section shall be classified and taxed as such despite any concentration of the nicotine inherent in those products or any addition of nicotine to those products during the manufacturing process. (4) Regulations The Secretary shall prescribe such regulations or other guidance as is necessary or appropriate to carry out the purposes of this subsection, including regulations or other guidance for coordinating the taxation of tobacco products and taxable nicotine to protect revenue and prevent double taxation. . (3) Taxable nicotine treated as a tobacco product Section 5702(c) of such Code is amended by striking and roll-your-own tobacco roll-your-own tobacco, and taxable nicotine (4) Manufacturer of taxable nicotine Section 5702 of such Code, as amended by paragraph (2), is amended by adding at the end the following new subsection: (r) Manufacturer of taxable nicotine (1) In general Any person who extracts, concentrates, or synthesizes nicotine shall be treated as a manufacturer of taxable nicotine (and as manufacturing such taxable nicotine). (2) Application of rules related to manufacturers of tobacco products Any reference to a manufacturer of tobacco products, or to manufacturing tobacco products, shall be treated as including a reference to a manufacturer of taxable nicotine, or to manufacturing taxable nicotine, respectively. . (h) Increasing tax on cigarettes (1) Small cigarettes Section 5701(b)(1) of such Code is amended by striking $50.33 $100.66 (2) Large cigarettes Section 5701(b)(2) of such Code is amended by striking $105.69 $211.38 (i) Tax rates adjusted for inflation Section 5701 of such Code, as amended by subsection (g), is amended by adding at the end the following new subsection: (j) Inflation adjustment (1) In general In the case of any calendar year beginning after 2023, the dollar amounts provided under this chapter shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting ‘calendar year 2022’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof. (2) Rounding If any amount as adjusted under paragraph (1) is not a multiple of $0.01, such amount shall be rounded to the next highest multiple of $0.01. . (j) Floor Stocks Taxes (1) Imposition of tax On tobacco products manufactured in or imported into the United States which are removed before any tax increase date and held on such date for sale by any person, there is hereby imposed a tax in an amount equal to the excess of— (A) the tax which would be imposed under section 5701 (B) the prior tax (if any) imposed under section 5701 of such Code on such article. (2) Credit against tax Each person shall be allowed as a credit against the taxes imposed by paragraph (1) an amount equal to $500. Such credit shall not exceed the amount of taxes imposed by paragraph (1) on such date for which such person is liable. (3) Liability for tax and method of payment (A) Liability for tax A person holding tobacco products on any tax increase date to which any tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe by regulations. (C) Time for payment The tax imposed by paragraph (1) shall be paid on or before the date that is 120 days after the effective date of the tax rate increase. (4) Articles in foreign trade zones Notwithstanding the Act of June 18, 1934 (commonly known as the Foreign Trade Zone Act, 48 Stat. 998, 19 U.S.C. 81a et seq. (A) internal revenue taxes have been determined, or customs duties liquidated, with respect to such article before such date pursuant to a request made under the first proviso of section 3(a) of such Act, or (B) such article is held on such date under the supervision of an officer of the United States Customs and Border Protection of the Department of Homeland Security pursuant to the second proviso of such section 3(a). (5) Definitions For purposes of this subsection— (A) In general Any term used in this subsection which is also used in section 5702 of such Code shall have the same meaning as such term has in such section. (B) Tax increase date The term tax increase date (C) Secretary The term Secretary (6) Controlled groups Rules similar to the rules of section 5061(e)(3) of such Code shall apply for purposes of this subsection. (7) Other laws applicable All provisions of law, including penalties, applicable with respect to the taxes imposed by section 5701 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply to the floor stocks taxes imposed by paragraph (1), to the same extent as if such taxes were imposed by such section 5701. The Secretary may treat any person who bore the ultimate burden of the tax imposed by paragraph (1) as the person to whom a credit or refund under such provisions may be allowed or made. (k) Effective dates (1) In general Except as provided in paragraphs (2) through (4), the amendments made by this section shall apply to articles removed (as defined in section 5702(j) (2) Discrete single-use units and processed tobacco The amendments made by subsections (c)(1)(C), (c)(2), and (f) shall apply to articles removed (as defined in section 5702(j) (3) Large cigars The amendments made by subsection (e) shall apply to articles removed after December 31, 2023. (4) Taxable nicotine The amendments made by subsection (g) shall apply to articles removed in calendar quarters beginning after the date which is 180 days after the date of the enactment of this Act. (l) Transition rule for permit and bond requirements A person which is lawfully engaged in business as a manufacturer or importer of taxable nicotine (within the meaning of subchapter A of chapter 52

Tobacco Tax Equity Act of 2023

School Access to Naloxone Act of 2023 This bill authorizes grants for expanding access to drugs or devices to treat opioid overdoses (e.g., naloxone) in elementary and secondary schools. The Department of Health and Human Services may award the grants to states, Indian tribes, and localities. To receive a grant, recipients must certify that schools in their jurisdictions will stock the drugs and devices and have trained staff on premises during operating hours to administer them. Additionally, the attorney general of the recipient's state must certify that trained staff are covered by state civil liability protections for individuals who administer aid in an emergency (commonly known as Good Samaritan laws).

118 S2946 IS: School Access to Naloxone Act of 2023 U.S. Senate 2023-09-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2946 IN THE SENATE OF THE UNITED STATES September 27 (legislative day, September 22), 2023 Mr. Merkley Mr. Scott of Florida Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to provide funding for trained school personnel to administer drugs and devices for emergency treatment of known or suspected opioid overdose, and for other purposes. 1. Short title This Act may be cited as the School Access to Naloxone Act of 2023 2. Grants for reducing opioid overdose deaths (a) Use of funds Section 544(c) of the Public Health Service Act ( 42 U.S.C. 290dd–3(c) (1) in paragraph (1), by inserting or administering prescribing (2) in paragraph (2), by inserting or on the administration of prescribing of (b) Authorization of appropriations Section 544(g) of the Public Health Service Act ( 42 U.S.C. 290dd–3(g) to carry out this section to carry out this section and section 544A 3. Grants for reducing opioid overdose deaths in elementary and secondary schools Title V of the Public Health Service Act is amended by inserting after section 544 of such Act ( 42 U.S.C. 290dd–3 544A. Reducing opioid overdose deaths in elementary and secondary schools (a) In general The Secretary may award grants to eligible entities to provide for the administration, at public and private elementary and secondary schools under the jurisdiction of the eligible entity, of drugs and devices for emergency treatment of known or suspected opioid overdose. (b) Applications To seek a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing— (1) the information required under section 544(b); (2) the certifications specified in subsection (c); and (3) such other information as the Secretary shall require. (c) Certifications The certifications specified in this subsection, with respect to each elementary school and secondary school in the eligible entity’s jurisdiction, are the following: (1) The school has in place a program under which the school will permit trained personnel of the school to administer drugs or devices for purposes of providing emergency treatment of known or suspected opioid overdose. (2) The school will maintain a supply of such drugs and devices in a location that is easily accessible to trained personnel of the school for the purpose of administering such drugs and devices. (3) The school has in place a plan for having on the premises of the school during all operating hours one or more individuals who are such trained personnel. (4) The State attorney general of the State in which the school is located certifies that the State— (A) has reviewed any applicable civil liability protection law to determine the application of such law with regard to elementary and secondary school trained personnel who may administer drugs and devices for emergency treatment in the case of a known or suspected opioid overdose; and (B) has concluded that such law provides adequate civil liability protection applicable to such trained personnel. (d) Definitions In this section: (1) The term civil liability protection law (2) The term eligible entity (3) The term trained personnel (A) who is a school nurse or other individual designated by the principal or other appropriate administrative staff of the school to administer drugs or devices for emergency treatment in the case of a known or suspected opioid overdose; (B) who has received training in the administration of such drugs or devices; and (C) whose training in the administration of such drugs or devices meets appropriate medical standards and has been documented by appropriate administrative staff of the school. .

School Access to Naloxone Act of 2023

Protecting Sensitive Personal Data Act of 2023 This bill expands the covered transactions that are subject to the review of the Committee on Foreign Investment in the United States (CFIUS), which analyzes the national security implications of foreign investment in the United States. Specifically, CFIUS may require declarations for foreign investments in U.S. businesses that maintain or collect sensitive personal data of U.S. citizens that may be exploited to threaten national security.

118 S2947 IS: Protecting Sensitive Personal Data Act of 2023 U.S. Senate 2023-09-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2947 IN THE SENATE OF THE UNITED STATES September 27 (legislative day, September 22), 2023 Mr. Rubio Mr. Warnock Committee on Banking, Housing, and Urban Affairs A BILL To expand the transactions for which declarations may be required by the Committee on Foreign Investment in the United States to include investments in United States businesses that maintain or collect sensitive personal data. 1. Short title This Act may be cited as the Protecting Sensitive Personal Data Act of 2023 2. Expansion of declarations required by the Committee on Foreign Investment in the United States Section 721(b)(1)(C)(v)(IV)(cc) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(cc)) is amended by striking subsection (a)(4)(B)(iii)(II) subclause (II) or (III) of subsection (a)(4)(B)(iii)

Protecting Sensitive Personal Data Act of 2023

Ensuring Military Access to Higher Education Benefits Act of 2023 This bill requires the Department of Defense to complete a data matching agreement with the Department of Education to ensure that current or former active-duty military service members or civilian employees who are eligible for the public service loan forgiveness program have their periods of employment (beginning on October 1, 2007) automatically certified and counted towards the program.

118 S2949 IS: Ensuring Military Access to Higher Education Benefits Act of 2023 U.S. Senate 2023-09-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2949 IN THE SENATE OF THE UNITED STATES September 27 (legislative day, September 22), 2023 Ms. Cortez Masto Mr. Moran Committee on Armed Services A BILL To require the Secretary of Defense to complete a data matching agreement with the Secretary of Education in order to ensure individuals who are current or former active-duty military service members or civilian employees and are otherwise eligible for assistance under the public service loan forgiveness program have their periods of employment automatically certified and counted towards the public service loan forgiveness program. 1. Short title This Act may be cited as the Ensuring Military Access to Higher Education Benefits Act of 2023 2. Data matching agreement with the Department of Education Not later than 1 year after the date of enactment of this Act, the Secretary of Defense shall complete a data matching agreement with the Secretary of Education in order to ensure that individuals who are current or former active-duty military service members or civilian employees and are otherwise eligible for assistance under the public service loan forgiveness program under section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m)

Ensuring Military Access to Higher Education Benefits Act of 2023

Countering Economic Coercion Act of 2023 This bill authorizes the President to take certain actions to assist foreign trading partners affected by economic coercion and penalize foreign adversaries. Economic coercion refers to actions, practices, or threats undertaken by a foreign adversary to unreasonably restrain, obstruct, or manipulate trade, foreign aid, investment, or commerce with the intent to cause economic harm to achieve strategic political objectives or influence sovereign political actions. Specifically, the bill authorizes the President (upon a determination that a foreign trading partner is subject to economic coercion) to exercise specified authorities to support or assist the foreign trading partner. These authorities include, among others, decreasing duties or modifying tariff-rate quotas on imports from the foreign trading partner, requesting appropriations for foreign aid, and expediting export licensing decisions and regulatory processes. Further, the bill authorizes the President to exercise specified authorities to penalize a foreign adversary engaged in economic coercion. The authorities include increasing duties and modifying tariff-rate quotas. The bill outlines consultation and notification requirements. It also provides a process for an expedited determination regarding economic coercion. Any determination of economic coercion must be revoked at the earliest of (1) two years from the date of determination, (2) upon a joint resolution of disapproval, or (3) when the President revokes the determination. The bill also directs the President to endeavor to coordinate with other foreign trading partners to broaden economic support for the foreign trading partner and condemn the actions of the foreign adversary.

118 S295 IS: Countering Economic Coercion Act of 2023 U.S. Senate 2023-02-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 295 IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Young Mr. Coons Committee on Foreign Relations A BILL To grant certain authorities to the President to combat economic coercion by foreign adversaries, and for other purposes. 1. Short title This Act may be cited as the Countering Economic Coercion Act of 2023 2. Sense of Congress The following is the sense of Congress: (1) Foreign adversaries are increasingly using economic coercion to pressure, punish, and influence United States allies and partners. (2) Economic coercion causes economic harm to United States allies and partners and creates malign influence on the sovereign political actions of such allies and partners. (3) Economic coercion can threaten the essential security of the United States and its allies. (4) Economic coercion is often characterized by— (A) arbitrary, abusive, and discriminatory actions that seek to interfere with sovereign actions, violate international trade rules, and run counter to the rules-based international order; (B) capricious, pre-textual, and non-transparent actions taken without due process afforded; (C) intimidation or threats of punitive actions; and (D) informal actions that take place without explicit government action. (5) Existing mechanisms for trade dispute resolution and international arbitration are inadequate for responding to economic coercion in a timely and effective manner as foreign adversaries exploit plausible deniability and lengthy processes to evade accountability. (6) The United States should provide meaningful economic and political support to foreign trading partners affected by economic coercion. (7) Supporting foreign trading partners affected by economic coercion can lead to opportunities for United States businesses, investors, and workers to reach new markets and customers. (8) Responding to economic coercion will be most effective when the United States provides relief to affected foreign trading partners in coordination with allies and like-minded countries. (9) Such coordination will further demonstrate broad resolve against economic coercion. 3. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) means— (i) the Committee on Foreign Relations of the Senate; and (ii) the Committee on Foreign Affairs of the House of Representatives; and (B) includes— (i) with respect to the exercise of any authority under section 5(a)(1) or 5(b)— (I) the Committee on Finance of the Senate; and (II) the Committee on Ways and Means of the House of Representatives; and (ii) with respect to the exercise of any authority under paragraph (6) or (8) of section 5(a)— (I) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (II) the Committee on Financial Services of the House of Representatives. (2) Economic coercion The term economic coercion (3) Export; Export Administration Regulations; in-country transfer; reexport The terms export Export Administration Regulations in-country transfer reexport 50 U.S.C. 4801 (4) Foreign adversary The term foreign adversary 47 U.S.C. 1607(c)(2) (5) Foreign trading partner The term foreign trading partner 4. Determination of economic coercion (a) Presidential determination (1) In general If the President determines that a foreign trading partner is subject to economic coercion by a foreign adversary, the President may exercise, in a manner proportionate to the economic coercion, any authority described— (A) in section 5(a) to support or assist the foreign trading partner; or (B) in section 5(b) to penalize the foreign adversary. (2) Information; hearings To inform any determination or exercise of authority under paragraph (1), the President shall— (A) obtain the written opinion and analysis of the Secretary of State, the Secretary of Commerce, the Secretary of the Treasury, the United States Trade Representative, and the heads of other Federal agencies, as the President considers appropriate; (B) seek information and advice from and consult with other relevant officers of the United States; and (C) afford other interested parties an opportunity to present relevant information and advice. (3) Consultation with Congress The President shall consult with the appropriate congressional committees— (A) not earlier than 30 days and not later than 10 days before exercising any authority under paragraph (1); and (B) not less frequently than once every 180 days for the duration of the exercise of such authority. (4) Notice Not later than 30 days after the date that the President determines that a foreign trading partner is subject to economic coercion or exercises any authority under paragraph (1), the President shall publish in the Federal Register— (A) a notice of the determination or exercise of authority; and (B) a description of the economic coercion that the foreign adversary is applying to the foreign trading partner and other circumstances that led to such determination or exercise of authority. (b) Expedited determination (1) In general If the Secretary of State determines that a foreign trading partner is subject to economic coercion by a foreign adversary, the Secretary of State or the head of the relevant Federal agency may exercise any authority described in paragraphs (2) through (7) of section 5(a). (2) Notices (A) In general Not later than 10 days after a determination under paragraph (1), the Secretary of State shall submit to the appropriate congressional committees a notice of such determination. (B) Exercise of authority Not later than 10 days after the exercise of any authority described in paragraphs (2) through (7) of section 5(a) that relies on the determination for which the Secretary of State submitted notice under subparagraph (A), the Secretary of State or the head of the relevant Federal agency relying on such determination shall submit to the appropriate congressional committees a notice of intent to exercise such authority, but not more frequently than once every 90 days. (c) Revocation of determination (1) In general Any determination made by the President under subsection (a) or the Secretary of State under subsection (b) shall be revoked on the earliest of— (A) the date that is 2 years after the date of such determination; (B) the date of the enactment of a joint resolution of disapproval revoking the determination; or (C) the date on which the President issues a proclamation revoking the determination. (2) Termination of authorities Any authority described in section 5(a) exercised pursuant to a determination that has been revoked under paragraph (1) shall cease to be exercised on the date of such revocation, except that such revocation shall not affect— (A) any action taken or proceeding pending not finally concluded or determined on such date; or (B) any rights or duties that matured or penalties that were incurred prior to such date. 5. Authorities to assist foreign trading partners affected by economic coercion (a) Authorities with respect to foreign trading partners The authorities described in this subsection are the following: (1) Subject to section 7, with respect to goods imported into the United States from a foreign trading partner subject to economic coercion by a foreign adversary— (A) the reduction or elimination of duties; or (B) the modification of tariff-rate quotas. (2) Requesting appropriations for foreign aid to the foreign trading partner. (3) Expedited decisions with respect to the issuance of licenses for the export or reexport to, or in-country transfer in, the foreign trading partner of items subject to controls under the Export Administration Regulations, consistent with the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. (4) Expedited regulatory processes related to the importation of goods and services into the United States from the foreign trading partner. (5) Requesting the necessary authority and appropriations for sovereign loan guarantees to the foreign trading partner. (6) The waiver of policy requirements (other than policy requirements mandated by an Act of Congress, including the policies and procedures established pursuant to section 11 of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635i–5 (7) Requesting appropriations for loan loss reserves to facilitate the provision of financing to support United States exports to the foreign trading partner. (8) The exemption of financing provided to support United States exports to the foreign trading partner from section 8(g)(1) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635g(g)(1) (b) Authorities with respect to foreign adversaries With respect to goods imported into the United States from a foreign adversary engaged in economic coercion of a foreign trading partner, the authorities described in this subsection are the following: (1) The increase in duties. (2) The modification of tariff-rate quotas. 6. Coordination with allies and partners (a) Coordination by President After a determination by the President that a foreign trading partner is subject to economic coercion by a foreign adversary, the President shall endeavor to coordinate— (1) the exercise of the authorities described in section 5 with the exercise of relevant authorities by allies and partners in order to broaden economic support to the foreign trading partner affected by economic coercion; and (2) with allies and partners to issue joint condemnation of the actions of the foreign adversary and support for the foreign trading partner. (b) Coordination by Secretary The Secretary of State, in coordination with the heads of the relevant agencies, shall endeavor— (1) to encourage allies and partners to identify or create mechanisms and authorities necessary to facilitate the coordination under subsection (a)(1); (2) to coordinate with allies and partners to increase opposition to economic coercion in the international community; (3) to coordinate with allies and partners to deter the use of economic coercion by foreign adversaries; and (4) to engage with foreign trading partners to gather information about possible instances of economic coercion and share such information with the appropriate congressional committees. 7. Conditions with respect to tariff authority (a) Limitations on tariff authority The authority described in section 5(a)(1)— (1) does not include the authority to reduce or eliminate antidumping or countervailing duties imposed under title VII of the Tariff Act of 1930 ( 19 U.S.C. 1671 et seq. (2) may only apply to an article if— (A) such article is— (i) designated by the President as an eligible article for purposes of the Generalized System of Preferences under section 503 of the Trade Act of 1974 ( 19 U.S.C. 2463 (ii) imported directly from the foreign trading partner into the customs territory of the United States; and (B) the sum of the cost or value of the materials produced in the foreign trading partner and the direct costs of processing operations performed in such foreign trading partner is not less than 35 percent of the appraised value of such article at the time it is entered; (3) may not apply to any article that is the product of the foreign trading partner by virtue of having merely undergone— (A) simple combining or packaging operations; or (B) mere dilution with water or another substance that does not materially alter the characteristics of the article; and (4) may not be applied in a manner that would provide indirect economic benefit to a foreign adversary. (b) Consultation with Congress (1) In general Before exercising any authority described in subsection (a)(1) or (b) of section 5, the President shall submit to the appropriate congressional committees a notice of intent to exercise such authority that includes a description of— (A) the circumstances that merit the exercise of such authority; (B) the expected effects of the exercise of such authority on the economy of the United States and businesses, workers, farmers, and ranchers in the United States; (C) the expected effects of the exercise of such authority on the foreign trading partner; and (D) the expected effects of the exercise of such authority on the foreign adversary. (2) Congressional review (A) In general During the period of 45 calendar days beginning on the date on which the President submits a notice of intent under paragraph (1), the appropriate congressional committees should hold hearings and briefings and otherwise obtain information in order to fully review the proposed exercise of authority. (B) Limitation on exercise of authority during congressional review Notwithstanding any other provision of law, during the period for congressional review described in subparagraph (A) of a notice of intent submitted under paragraph (1), the President may not take the proposed exercise of authority unless a joint resolution of approval with respect to that exercise of authority is enacted. (C) Effect of enactment of joint resolution of disapproval Notwithstanding any other provision of law, if a joint resolution of disapproval relating to a notice of intent submitted under paragraph (1) is enacted during the period for congressional review described in subparagraph (A), the President may not take the proposed exercise of authority. 8. Process for joint resolutions of approval or disapproval (a) Definitions In this Act: (1) Joint resolution of approval The term joint resolution of approval (A) which does not have a preamble; (B) the title of which is as follows: A joint resolution approving the President's exercise of authority under section 5 of the Countering Economic Coercion Act of 2023 (C) the sole matter after the resolving clause of which is as follows: That Congress approves the exercise of authority by the President under section 5 of the Countering Economic Coercion Act of 2023 (2) Joint resolution of disapproval The term joint resolution of disapproval (A) with respect to a determination under section 4(a), only a joint resolution of either House of Congress— (i) which does not have a preamble; (ii) the title of which is as follows: A joint resolution disapproving the President's determination under section 4(a) of the Countering Economic Coercion Act of 2023 (iii) the sole matter after the resolving clause of which is as follows: That Congress disapproves the determination of the President under section 4(a) of the Countering Economic Coercion Act of 2023 (B) with respect to a determination under section 4(b), only a joint resolution of either House of Congress— (i) which does not have a preamble; (ii) the title of which is as follows: A joint resolution disapproving the Secretary of State's determination under section 4(b) of the Countering Economic Coercion Act of 2023 (iii) the sole matter after the resolving clause of which is as follows: That Congress disapproves the determination of the Secretary of State under section 4(b) of the Countering Economic Coercion Act of 2023 (C) with respect to section 7, only a joint resolution of either House of Congress— (i) which does not have a preamble; (ii) the title of which is as follows: A joint resolution disapproving the President's exercise of authority under section 5 of the Countering Economic Coercion Act of 2023 (iii) the sole matter after the resolving clause of which is as follows: That Congress disapproves the exercise of authority by the President under section 5 of the Countering Economic Coercion Act of 2023 (b) Introduction in the House of Representatives During a period of 5 legislative days beginning on the date that a notice of determination is published in the Federal Register in accordance with section 4(a)(4) or submitted to the appropriate congressional committees in accordance with section 4(b)(2)(A) or a notice of intent is submitted to the appropriate congressional committees in accordance with section 4(b)(2)(B) or section 7(b)(1), a joint resolution of approval or a joint resolution of disapproval may be introduced in the House of Representatives by the majority leader or the minority leader. (c) Introduction in the Senate During a period of 5 days on which the Senate is in session beginning on the date that a notice of determination is published in the Federal Register in accordance with section 4(a)(4) or submitted to the appropriate congressional committees in accordance with section 4(b)(2)(A) or a notice of intent is submitted to the appropriate congressional committees in accordance with section 4(b)(2)(B) or section 7(b)(1), a joint resolution of approval or a joint resolution of disapproval may be introduced in the Senate by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee). (d) Floor consideration in the House of Representatives (1) Reporting and discharge If a committee of the House of Representatives to which a joint resolution of approval or joint resolution of disapproval has been referred has not reported such joint resolution within 10 legislative days after the date of referral, that committee shall be discharged from further consideration of the joint resolution. (2) Proceeding to consideration In the House of Representatives, the following procedures shall apply to a joint resolution of approval or a joint resolution of disapproval: (A) Beginning on the third legislative day after each committee to which a joint resolution of approval or joint resolution of disapproval has been referred reports it to the House of Representatives or has been discharged from further consideration of the joint resolution, it shall be in order to move to proceed to consider the joint resolution in the House of Representatives. (B) All points of order against the motion are waived. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed on a joint resolution with regard to the same certification. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (3) Consideration The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except two hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. (e) Consideration in the Senate (1) Committee referral A joint resolution of approval or a joint resolution of disapproval introduced in the Senate shall be referred to the Committee on Foreign Relations. (2) Reporting and discharge If the Committee on Foreign Relations has not reported a joint resolution of approval or a joint resolution of disapproval within 10 days on which the Senate is in session after the date of referral of such joint resolution, that committee shall be discharged from further consideration of such joint resolution and the joint resolution shall be placed on the appropriate calendar. (3) Motion to proceed Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Foreign Relations reports the joint resolution of approval or the joint resolution of disapproval to the Senate or has been discharged from its consideration (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) shall be waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution of approval or the joint resolution of disapproval is agreed to, the joint resolution shall remain the unfinished business until disposed. (4) Debate Debate on a joint resolution of approval or a joint resolution of disapproval, and on all debatable motions and appeals in connection with such joint resolution, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (5) Vote on passage The vote on passage shall occur immediately following the conclusion of the debate on the joint resolution of approval or the joint resolution of disapproval and a single quorum call at the conclusion of the debate, if requested in accordance with the rules of the Senate. (6) Rules of the Chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to the joint resolution of approval or the joint resolution of disapproval shall be decided without debate. (7) Consideration of veto messages Debate in the Senate of any veto message with respect to the joint resolution of approval or the joint resolution of disapproval, including all debatable motions and appeals in connection with such joint resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (f) Procedures in the senate Except as otherwise provided in this section, the following procedures shall apply in the Senate to a joint resolution of approval or a joint resolution of disapproval to which this section applies: (1) Except as provided in paragraph (2), a joint resolution of approval or a joint resolution of disapproval that has passed the House of Representatives shall, when received in the Senate, be referred to the Committee on Foreign Relations for consideration in accordance with this subsection. (2) If a joint resolution of approval or a joint resolution of disapproval to which this section applies was introduced in the Senate before receipt of a joint resolution of approval or a joint resolution of disapproval that has passed the House of Representatives, the joint resolution from the House of Representatives shall, when received in the Senate, be placed on the calendar. If this paragraph applies, the procedures in the Senate with respect to a joint resolution of approval or a joint resolution of disapproval introduced in the Senate that contains the identical matter as a joint resolution of approval or a joint resolution of disapproval that passed the House of Representatives shall be the same as if no joint resolution of approval or joint resolution of disapproval had been received from the House of Representatives, except that the vote on passage in the Senate shall be on the joint resolution of approval or the joint resolution of disapproval that passed the House of Representatives. (g) Rules of the House of Representatives and Senate This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution of approval or a joint resolution of disapproval under this paragraph, and 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.

Countering Economic Coercion Act of 2023

Middle East Security Coordination Act of 2023This bill requires the Department of State to periodically report to Congress on the activities of the Office of the U.S. Security Coordinator for Israel and the Palestinian Authority (USSC). Specifically, the reports shall be on USSC security coordination and efforts to professionalize Palestinian security forces. The State Department shall also report to Congress on the viability of the inclusion of contributions from additional countries to the USSC, particularly countries party to the Abraham Accords or other Arab or Muslim-majority countries.The bill also reauthorizes U.S. support for the USSC for the first five fiscal years following enactment of the bill.

118 S2956 IS: Middle East Security Coordination Act of 2023 U.S. Senate 2023-09-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2956 IN THE SENATE OF THE UNITED STATES September 27 (legislative day, September 22), 2023 Mr. Ossoff Mr. Young Mr. Lankford Mr. Booker Committee on Foreign Relations A BILL To support the work of the United States Security Coordinator to Israel and the Palestinian Authority in furthering coordination between Israelis and Palestinians, and for other purposes. 1. Short title This Act may be cited as the Middle East Security Coordination Act of 2023 2. Findings Congress makes the following findings: (1) Peace, stability, and security in Israel and the West Bank are in the national security interest of the United States. (2) Peace, stability, and security in Israel and the West Bank depend upon effective coordination and deconfliction between the Israel Defense Forces and the Palestinian Authority Security Forces. (3) The professionalism and capacity of Palestinian Authority Security Forces is an important factor for safety and stability in Israel and the West Bank and critical to counterterrorism efforts. (4) Examples of security coordination between Israel and the Palestinian Authority include intelligence sharing and operational coordination, deconfliction mechanisms and communication during Israel Defense Forces (IDF) activity in the West Bank, joint counterterrorism initiatives and training, facilitation of Palestinian Authority Security Forces movement through Areas B and C, and the Palestinian Authority Security Forces safely returning Israelis from Area A to the Israel Defense Forces. (5) Israeli security experts have attested that professionally trained and equipped and effective Palestinian Authority Security Forces would reliably decrease Israel Defense Forces incursions and interventions into Area A and increase stability and security for Israelis and Palestinians. (6) The core functions of the office of the United States Security Coordinator for Israel and the Palestinian Authority (USSC) are to execute transparent and successful coordination between Israeli security forces and Palestinian Authority Security Forces and to raise the effectiveness of the Palestinian Authority Security Forces. (7) Senior Israeli officials, including former defense ministers and IDF chiefs of staff, have credited USSC-championed security coordination with the Palestinian Authority Security Forces as being responsible for eroding the ability of organized terror groups to carry out suicide attacks in Israeli cities and towns. (8) The USSC maintains unique trust and confidence from both Israeli and Palestinian Authority security forces, agencies, and senior officials. (9) The multinational coalition that contributes to the mission of the USSC, which includes Bulgaria, Canada, Greece, Italy, the Netherlands, Poland, Turkey, and the United Kingdom, demonstrates the support of the international community for the mission, assists in sharing the personnel and resource burden, and enables the United States to demonstrate a leading role, which brings legitimacy to the mission and enables coordination to be successful. 3. Senses of Congress (a) Sense of Congress on security coordination It is the sense of Congress that— (1) security coordination between Israel and the Palestinian Authority— (A) is in the national security interest of the United States; (B) protects Israeli and Palestinian civilian lives and combats acts of terror from groups like Hamas, Palestinian Islamic Jihad, and Hezbollah; (C) assists in reducing the need for Israeli military interventions in the West Bank; (D) provides greater stability and safety for the Palestinian people in the West Bank; and (E) supports regional peace and stability and improves the prospects for progress towards a negotiated resolution of the Israeli-Palestinian conflict; and (2) the USSC is a crucial liaison for such effective coordination, professionalization, and communication. (b) Sense of Congress on burden sharing It is the sense of Congress that— (1) the financial and personnel burden of the mission of the USSC should be shared by all partners to the mission; and (2) the mission of the USSC should be expanded to include additional nations, and the Department of State, along with the USSC, should make it a priority to actively pursue contributions from additional states. 4. Reports (a) Coordination report Not later than 90 days after the date of the enactment of this Act, and annually thereafter for five years, the Secretary of State, in consultation with the USSC, shall submit to the appropriate congressional committees a report that describes the activities of the USSC during the preceding year, including descriptions of the security coordination activities the USSC has undertaken between the Government of Israel and the Palestinian Authority. (b) Classified annex The reports required by subsection (a) shall be submitted in unclassified form and may include a classified annex. (c) Professionalization report (1) In general Not later than 90 days after the date of the enactment of this Act, and annually thereafter for five years, the Secretary of State, in consultation with the USSC, shall submit to the appropriate congressional committees a report that describes the USSC’s efforts to professionalize Palestinian security forces and to build, maintain, and sustain Palestinian security and justice sector institutions. (2) Form The report required under paragraph (1) shall be submitted in unclassified form but include a classified annex. (d) Burden sharing report (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the USSC, shall submit to the appropriate congressional committees a report that describes the viability of the inclusion of contributions to the mission of the USSC from additional countries, particularly those countries party to the Abraham Accords and other Arab or Muslim-majority countries. (2) Form The report required under paragraph (1) be submitted— (A) in classified form; or (B) in unclassified form and including a classified annex. 5. Notification (a) Sense of Congress It is the sense of Congress that— (1) the mission of the USSC is most effective with— (A) a general or flag officer as the head of mission; (B) a head of mission rotation of at least 3 years duration; and (C) senior uniformed personnel rotation of at least 2 years duration; and (2) the personnel contributions of other nations to the mission of the USSC are most effective with equivalent rotations. (b) In general Beginning 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit written notice and justification to appropriate congressional committees and the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than 120 days before the date on which— (1) the head of mission of the USSC is to be replaced with a non-general or flag officer; (2) the head of mission of the USSC is to be rotated out of the head of mission's current assignment before 3 consecutive years of service in that position; or (3) any senior uniform personnel rotation of the USSC is to be rotated out of their current assignment before 2 consecutive years of service in that position. 6. Authorization of appropriations (a) In general There is authorized to be appropriated $75,000,000 for each of the first 5 fiscal years beginning after the date of the enactment of this Act. (b) Availability Amounts authorized pursuant to subsection (a) shall be available for the United States contribution to the mission of the United States Security Coordinator for Israel and the Palestinian Authority. (c) Restriction (1) In general None of the funds authorized under subsection (a) may be used to provide lethal assistance of any kind. (2) Exception The limitation on assistance under paragraph (1) shall not apply to ammunition and other lethal assistance needed for the purposes of training taking place outside of Israel and the West Bank. (d) Application of Taylor Force Act Funds authorized pursuant to subsection (a) shall be made available consistent with section 1004(a) of the Taylor Force Act ( 22 U.S.C. 2378c–1 7. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Senior uniformed personnel The term senior uniformed personnel (A) Chief of Staff. (B) Director of Plans. (C) Director for Operations. (D) Legal Advisor. (E) Budget Director.

Middle East Security Coordination Act of 2023

Preventing Crimes Against Veterans Act of 2023 This bill establishes a new federal criminal offense for knowingly executing, or attempting to execute, a scheme to defraud an individual of veterans' benefits, or in connection with obtaining veteran's benefits for an individual. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both.

118 S296 IS: Preventing Crimes Against Veterans Act of 2023 U.S. Senate 2023-02-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 296 IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Rubio Ms. Cortez Masto Mr. Scott of Florida Committee on the Judiciary A BILL To amend title 18, United States Code, to provide an additional tool to prevent certain frauds against veterans, and for other purposes. 1. Short title This Act may be cited as the Preventing Crimes Against Veterans Act of 2023 2. Additional tool to prevent certain frauds against veterans (a) In general Chapter 63 1352. Fraud regarding veterans’ benefits (a) Whoever knowingly executes, or attempts to execute, any scheme or artifice to defraud an individual of veterans’ benefits, or in connection with obtaining veteran’s benefits for that individual, shall be fined under this title, imprisoned for not more than 5 years, or both. (b) In this section— (1) the term veteran (2) the term veterans’ benefits . (b) Clerical amendment The table of sections for chapter 63 1352. Fraud regarding veterans’ benefits. .

Preventing Crimes Against Veterans Act of 2023

Community Development Investment Tax Credit Act of 2023 This bill allows investors a business-related tax credit for investment in a Community Development Financial Institution (CDFI). The applicable percentage of such credit is 3% for the first 10 years of investment in a CDFI with a 1% increase after the initial credit allowance date and for investments without a fixed term or duration. The tax credit is available to investors who invest in various CDFIs to provide financial support for increasing wealth in low- and moderate-income communities. The national limitation on the credit is $1 billion for 2022, $1.5 billion for 2023, and $2 billion for 2024 and each year thereafter, with adjustments for inflation.

118 S2963 IS: Community Development Investment Tax Credit Act of 2023 U.S. Senate 2023-09-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2963 IN THE SENATE OF THE UNITED STATES September 28 (legislative day, September 22), 2023 Mr. Warner Mr. Wicker Mr. Peters Mrs. Hyde-Smith Mr. Moran Mr. Van Hollen Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a credit for investment in Community Development Financial Institutions. 1. Short title This Act may be cited as the Community Development Investment Tax Credit Act of 2023 2. Community development financial institution investment tax credit (a) In general Subpart D of part IV of subchapter A of chapter 1 45BB. Community development financial institution investment tax credit (a) Allowance of credit (1) In general For purposes of section 38, in the case of a taxpayer who holds a qualified CDFI investment on a credit allowance date of such investment which occurs during the taxable year, the CDFI investment credit determined under this section for such taxable year is an amount equal to the applicable percentage of the amount paid to the qualified community development financial institution for such investment at its original issue. (2) Applicable percentage For purposes of paragraph (1)— (A) In general The applicable percentage is— (i) 3 percent with respect to the first 10 credit allowance dates, and (ii) 4 percent with respect to the 10 credit allowance dates following the last credit allowance date to which clause (i) applies. (B) Increased amount for certain investments In the case of a qualified CDFI investment which does not have a fixed term or duration, the applicable percentage for any credit allowance date shall be increased by one percentage point. (3) Credit allowance date (A) In general For purposes of paragraph (1), the term credit allowance date (i) the date which is one year after the date on which such investment is initially made, and (ii) each of the 19 anniversary dates of such date thereafter. (B) Limitation Notwithstanding subparagraph (A), a date shall not be treated as a credit allowance date with respect to any qualified CDFI investment if such date occurs after any date on which— (i) the financial institution in which such CDFI investment is made ceases to be a qualified community development financial institution, or (ii) such investment is redeemed, repurchased, or otherwise repaid by the qualified community development financial institution which issued such investment. (b) Qualified CDFI investment For purposes of this section— (1) In general The term qualified CDFI investment (A) such investment is acquired by the taxpayer at its original issue (directly or through an underwriter) solely in exchange for cash, (B) such investment is in the form of— (i) non-voting stock or an equity equivalent investment, (ii) an interest in an entity which is a partnership, or (iii) an obligation described in section 279(b)(2) which has a term of 10 years or longer, (C) such investment has not been designated as a qualified equity investment for purposes of section 45D, and (D) such investment is designated for purposes of this section by the qualified community development financial institution. Such term shall not include any investment issued by a qualified community development financial institution more than 5 years after the date that such financial institution receives an allocation under subsection (d)(3). Any allocation not used within such 5-year period may be reallocated by the Secretary under subsection (d). (2) Limitation The maximum amount of investments issued by a qualified community development financial institution which may be designated under paragraph (1)(D) by such financial institution shall not exceed the portion of the limitation amount allocated under subsection (d) to such financial institution. (3) Treatment of subsequent purchasers The term qualified CDFI investment (4) Redemptions A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this subsection. (5) Equity equivalent investment For purposes of this paragraph, the term equity equivalent investment (A) is carried as an investment on the investor’s balance sheet in accordance with Generally Accepted Accounting Principles, (B) is not secured by any of the assets of the qualified community development financial institution, (C) is fully subordinated to the right of repayment of all of the other creditors of the qualified community development financial institution, (D) does not give the investor the right to accelerate payment unless the qualified community development financial institution ceases its normal operations, (E) carries an interest rate or dividend that is not tied to any income received by the qualified community development financial institution, and (F) has an indeterminate maturity. (c) Qualified community development financial institution For purposes of this section, the term qualified community development financial institution (1) any community development financial institution (as defined in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 (2) any partnership that is controlled, for purposes of section 482, or any investment vehicle the investment activities of which are otherwise substantially entirely managed and directed, by one or more community development financial institutions (as so defined). (d) National limitation on amount of investments designated (1) In general There is an investment tax credit limitation for each calendar year. Such a limitation is— (A) $1,000,000,000 for 2023, (B) $1,500,000,000 for 2024, and (C) $2,000,000,000 for each year thereafter. (2) Inflation adjustment (A) In general In the case of any calendar year after 2025, the $2,000,000,000 in paragraph (1)(C) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2024 calendar year 2016 (B) Rounding If any increase determined under subparagraph (A) is not a multiple of $1,000,000, such increase shall be rounded to the nearest multiple of $1,000,000. (3) Allocation of limitation (A) In general The limitation under paragraph (1) shall be allocated by the Secretary among qualified community development financial institutions selected by the Secretary based on the following criteria: (i) Financial and compliance performance. (ii) Demonstrated ability to attract private capital. (iii) The diversity of business model types. (iv) The diversity of population density served. (v) Impact generation capacity. (vi) The information contained in the investment plan described in subparagraph (B). (vii) Whether the investment term will exceed 10 years. (viii) Such other criteria as determined appropriate by the Secretary. (B) Requirement to provide an investment plan An application submitted to the Secretary under subparagraph (A) shall include a plan that— (i) describes how the qualified community development financial institution will expand or maintain its lending and investing activity in its target market as a result of qualified CDFI investments, and (ii) includes such other information as required by the Secretary. (4) Carryover of unused limitation If the new investment tax credit limitation for any calendar year exceeds the aggregate amount allocated under paragraph (2) for such year, such limitation for the succeeding calendar year shall be increased by the amount of such excess. (5) Authorization of user fees (A) In general The Secretary may charge a user fee for a request for an allocation of the limitation under paragraph (3). (B) Use of fees Any fees collected by the Secretary pursuant to subparagraph (A) may be used to contract with third parties to verify information relating to the qualification of an entity as a qualified community development financial institution. (C) Limitation The fee charged under subparagraph (A) shall not exceed 0.05 percent of the amount of the allocation requested. (e) Regulations The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations— (1) which limit the credit under this section for investments which directly or indirectly receive a Federal tax benefit (including a credit under section 42 or an exclusion from gross income under section 103), (2) which prevent the abuse of the purposes of this section, (3) which impose appropriate reporting requirements, and (4) which provide rules for allocations under subsection (d)(3) to persons that have been certified as emerging community development financial institutions under section 105 of the Community Development Banking and Financial Institutions Act of 1994. . (b) Part of general business credit Section 38(b) of such Code is amended by striking plus , plus (42) the CDFI investment credit determined under section 45BB(a). . (c) Conforming amendments (1) Section 45D(b)(1) and , and (D) such investment has not been designated as a qualified CDFI investment for purposes of section 45BB. . (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: 45BB. Community development financial institution investment tax credit. . (d) Effective date The amendments made by this section shall apply to investments made after the date of the enactment of this Act. 3. Community development equity funds Section 105 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4704 (d) Community development equity funds (1) Definition In this subsection, the term community development equity fund (2) Qualifications In an application for assistance under this subtitle, an applicant that is a community development equity fund shall demonstrate, to the satisfaction of the Secretary, that the current or proposed management team of the fund is qualified and has the knowledge, experience, and capability necessary for investing in the types of businesses contemplated by this Act, regulations implementing this Act, and the business plan of the fund. (3) Treatment The management entity of the community development equity fund and all of its current and future managed investment funds shall be treated as one community development financial institution, regardless of the separation of the corporate structures, if the management entity maintains control over the investment decisions of the managed funds and has not made changes to its management team without approval of the Secretary. . 4. Emerging CDFIs Section 105 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4704 (e) Emerging community development financial institutions (1) In general An entity may submit to the Fund an application to be certified as an emerging community development financial institution. (2) Business plan The application described in paragraph (1) shall include a business plan that demonstrates that, during the 18-month period beginning on the date on which the business plan is approved, the entity will meet the requirements of subparagraph (A) of section 103(5) or subsection (d) of this section. .

Community Development Investment Tax Credit Act of 2023

Intelligence Community Workforce Agility Protection Act of 2023 This bill allows a current tax deduction for the moving and traveling expenses of an employee or new appointee of the intelligence community who moves due to a change in assignment that requires relocation. It also allows a current tax exclusion for such employees or appointees for moving expense reimbursements. Under current law, the tax deduction and exclusion for the moving expenses of other taxpayers are suspended for the period beginning in 2018 through 2025.

118 S2967 IS: Intelligence Community Workforce Agility Protection Act of 2023 U.S. Senate 2023-09-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2967 IN THE SENATE OF THE UNITED STATES September 28 (legislative day, September 22), 2023 Mr. Rubio Mr. Warner Mr. Moran Ms. Collins Mrs. Gillibrand Mr. Rounds Mr. Bennet Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to expand the treatment of moving expenses to employees and new appointees in the intelligence community who move pursuant to a change in assignment that requires relocation, and for other purposes. 1. Short title This Act may be cited as the Intelligence Community Workforce Agility Protection Act of 2023 2. Expansion of treatment of moving expenses (a) Purpose The purpose of this section is to facilitate the movement of members of the intelligence community to meet mission critical needs and to reduce unintended tax burdens imposed on public servants in relocating duty stations. (b) Deduction Section 217(k) or an employee or new appointee of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 to whom subsection (g) applies (c) Exclusion for qualified moving expense reimbursements Section 132(g)(2) , or an employee or new appointee of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 change of station (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2019. 3. Traveling expenses (a) In general The last sentence of subsection (a) of section 162 , or is certified by the Director of National Intelligence (or designee thereof) as traveling on behalf of the United States in temporary duty status in furtherance of an authorized intelligence activity a Federal crime (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2019.

Intelligence Community Workforce Agility Protection Act of 2023

Pregnant Students' Rights Act of 2023 This bill requires a public institution of higher education (IHE) that participates in federal student-aid programs to provide information to admitted and enrolled students on the rights and resources for students who are pregnant or may become pregnant. These rights and resources must exclude abortion services. Additionally, the IHE must establish a protocol to meet with students who believe they were discriminated against based on pregnancy. The IHE must also provide pregnancy-related questions to enrolled students and annually submit compiled responses to the Department of Education.

118 S2974 IS: Pregnant Students’ Rights Act of 2023 U.S. Senate 2023-09-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2974 IN THE SENATE OF THE UNITED STATES September 28 (legislative day, September 22), 2023 Mr. Rubio Mr. Lankford Mrs. Hyde-Smith Mr. Scott of Florida Mr. Wicker Mr. Braun Committee on Health, Education, Labor, and Pensions A BILL To require public institutions of higher education to disseminate information on the rights of, and accommodations and resources for, pregnant students, and for other purposes. 1. Short title This Act may be cited as the Pregnant Students’ Rights Act of 2023 2. Findings Congress finds the following: (1) Female students who are enrolled at institutions of higher education and experiencing unplanned pregnancies may face pressure that their only option is to receive an abortion or risk academic failure. (2) 27.6 percent of all abortions in the United States are performed on women of college age, between the ages of 20 and 24, according to a 2019 report by the Centers for Disease Control and Prevention. (3) A significant proportion of abortions in the United States are performed on women of college age who may be unaware of their rights under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (4) Additionally, women on college campuses may fear institutional reprisal, loss of athletic scholarship, and possible negative impact on academic opportunities. (5) An academic disparity exists because of the lack of resources, support, and notifications available for female college students who do not wish to receive an abortion or who carry their unborn babies to term. 3. Notice of pregnant student rights, accommodations, and resources Section 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 (n) Pregnant Students’ Rights, Accommodations, and Resources (1) Information dissemination activities; establishment of protocol (A) In general Each public institution of higher education participating in any program under this title shall— (i) in a manner consistent with title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (I) exclude abortion services; (II) may help such a student carry their unborn babies to term; and (III) include information on how to file a complaint with the Department if such a student believes there was a violation of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (ii) establish a protocol to meet with a student described in clause (i)(III), which shall include a meeting with relevant leadership at the institution of higher education, and other relevant parties. (B) Description of information dissemination requirements The information dissemination activities described in this subparagraph shall include— (i) annual campus-wide emails; or (ii) the provision of information in student handbooks, at each orientation for enrolled students, or on the publicly available website of the institution of higher education. (2) Annual report to Congress (A) In general Each public institution of higher education participating in any program under this title shall— (i) on an annual basis, compile and submit to the Secretary— (I) responses to the questions described in subparagraph (B) from students enrolled at such institution of higher education who voluntarily provided such responses; and (II) a description of any actions taken by the institution of higher education to address each complaint by a student that there was a violation of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (ii) ensure that any such responses remain confidential and do not reveal any personally identifiable information with respect to a student. (B) Questions for enrolled students The questions described in this subparagraph shall include— (i) if such student experienced an unexpected pregnancy while enrolled at the institution of higher education; (ii) if such student felt there were adequate resources on campus relating to protections, accommodations, and other resources for pregnant students besides abortion-related services; (iii) if such a student believes there was a violation of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (iv) if such student considered dropping out or withdrawing from classes because of pregnancy, new motherhood, stillbirth, or miscarriage. (C) Report The Secretary shall, on an annual basis— (i) prepare a report that compiles the responses received under subparagraph (A) from each public institution of higher education participating in any program under this title; and (ii) submit such report to the authorizing committees, and the Committees on Appropriations of the House of Representatives and the Senate. .

Pregnant Students’ Rights Act of 2023

Increase America’s Research Capacity Act of 2023 This bill directs the Government Accountability Office to study and report on the institutional challenges and barriers that hinder historically Black colleges and universities (HBCUs) from achieving, and the feasibility of HBCUs achieving, classification as an R1 institution. R1 institution means an institution classified as an R1 doctoral university according to the Carnegie Classification of Institutions of Higher Education framework.

118 S2977 IS: Increase America’s Research Capacity Act of 2023 U.S. Senate 2023-09-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2977 IN THE SENATE OF THE UNITED STATES September 28 (legislative day, September 22), 2023 Mr. Warnock Mr. Wicker Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Commerce and the Comptroller General of the United States to study the feasibility of Historically Black Colleges and Universities achieving a certain classification. 1. Short title This Act may be cited as the Increase America’s Research Capacity Act of 2023 2. Definitions In this Act: (1) Historically Black College or University The term Historically Black College or University 20 U.S.C. 1061(2) (2) R1 institution The term R1 institution 3. Comptroller General study on the feasibility of Historically Black Colleges and Universities achieving a certain classification (a) Study (1) In general The Comptroller General of the United States shall prepare a study on the institutional challenges and barriers hindering Historically Black Colleges and Universities from achieving, and the feasibility of the colleges and universities achieving, classification as an R1 institution. (2) Contents In preparing the study, the Comptroller General may— (A) examine topics including— (i) funding opportunities and resource allocation required for Historically Black Colleges and Universities to enhance their research infrastructure and capacity, focusing on the opportunities and resources of Federal research agencies, including the Office of Science and Technology Policy, the National Institute of Standards and Technology of the Department of Commerce, and similar offices of the Department of Commerce; (ii) strategies for Historically Black Colleges and Universities to recruit and retain highly qualified faculty with strong research backgrounds; (iii) best practices and successful models employed by R1 institutions (as of the date the study is completed) that Historically Black Colleges and Universities can adopt; and (iv) analyses of— (I) which Historically Black Colleges and Universities have transfer agreements for their graduates with R1 institutions, and how many graduates attend R1 institutions under those agreements; (II) which institutions of higher education are feeder institutions of Black students into programs at R1 institutions; and (III) what role undergraduate Historically Black Colleges and Universities play in preparing students to attend an R1 institution; and (B) prepare recommendations for Federal support and initiatives to facilitate the advancement of Historically Black Colleges and Universities in research and innovation. (b) Report Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit a report containing the results of the study, and recommendations for such legislative and administrative action as the Comptroller General determines to be appropriate, to the appropriate committees of Congress and the Congressional Research Service.

Increase America’s Research Capacity Act of 2023

Green New Deal for Public Schools Act of 2023 This bill provides funding for environmental and educational resources for public elementary and secondary schools and Bureau of Indian Education (BIE) schools. Specifically, the bill requires the Department of Energy's Office of Energy Efficiency and Renewable Energy to provide climate capital facilities grants to eligible entities (e.g., public schools and BIE schools). Grant recipients must use these funds to construct new, or convert existing facilities into, healthy zero-carbon schools. Healthy zero-carbon school refers to a school with highly energy-efficient facilities that produce or procure sufficient carbon-free and pollution-free renewable energy to meet the school's needs. The bill directs the Department of Education (ED) to award resource block grants to qualified local educational agencies (LEAs) to hire and retain educators and staff in high-need schools. ED must award grants to eligible consortia of LEAs for educational equity planning and implementation. ED must establish the Climate Change Resiliency Program to increase the resiliency of public and BIE schools during climate change-related events, natural disasters, and public health crises. Further, ED must establish a related grant program for state educational agencies. Grant recipients must use these funds for certain activities (e.g., green infrastructure projects). The bill establishes the Office of Sustainable Schools within ED to (1) administer the resource block grant and educational equity grant programs, and (2) coordinate with specified agencies and the White House Office of Domestic Climate Policy on climate capital facilities grants and the Climate Change Resiliency Program.

118 S2988 IS: Green New Deal for Public Schools Act of 2023 U.S. Senate 2023-09-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2988 IN THE SENATE OF THE UNITED STATES September 28 (legislative day, September 22), 2023 Mr. Markey Mr. Sanders Committee on Health, Education, Labor, and Pensions A BILL To establish a Green New Deal for public schools. 1. Short title This Act may be cited as the Green New Deal for Public Schools Act of 2023 2. Table of contents This table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. TITLE I—Climate capital facilities grants, resource block grants, and educational equity grants Sec. 101. General provisions. Sec. 102. Climate capital facilities grants. Sec. 103. Resource block grants. Sec. 104. Educational equity planning grants. Sec. 105. IDEA funding. Sec. 106. Elementary and Secondary Education funding. TITLE II—Climate change resiliency Sec. 201. Definitions. Sec. 202. Climate change resiliency program. Sec. 203. Grant program. Sec. 204. Report. Sec. 205. Authorization of appropriations; mandatory appropriations. 3. Definitions Except as otherwise expressly provided, in this Act: (1) BIE terms The terms BIE schools schools funded by BIE (A) schools and dormitories operated by the Bureau of Indian Education; (B) schools and dormitories operated pursuant to a grant under the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2501 et seq. (C) schools and dormitories operated pursuant to a contract under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. (2) ESEA terms The terms child with a disability elementary school English learner paraprofessional secondary school local educational agency Secretary 20 U.S.C. 7801 (3) CDC SVI The term CDC SVI (4) Climate justice The term climate justice (5) Environmental justice The term environmental justice (A) the same degree of protection from environmental and health hazards; and (B) equal access to any Federal agency action on justice issues related to the environment in order to have a healthy environment in which to live, learn, work, and recreate. (6) Nonprofit organization The term nonprofit organization section 501(c)(3) (7) Vulnerability ranking The term vulnerability ranking I Climate capital facilities grants, resource block grants, and educational equity grants 101. General provisions (a) Creation of new office at the Department of Education There is established in the Department of Education, an Office of Sustainable Schools, which shall— (1) administer the resource block grant program under section 103 and the educational equity grant program under section 104; (2) in close collaboration with the Department of Energy, the White House Office of Domestic Climate Policy, the Environmental Protection Agency, and the Department of Agriculture, coordinate the activities of those grant programs with— (A) the activities of the climate capital facilities grant program under section 102, administered by the Secretary of Energy; and (B) the activities of the climate change resiliency program under title II. (b) Resource allocation plan Each applicant for a grant under this title shall submit with their application a resource allocation plan, which shall include— (1) a detailed explanation of how the grant funds will be spent; and (2) a values statement document, which shall be developed after a community-engaged planning process, with representation from educators, principals, administrators, students, parents, school boards, caregivers, Indian Tribes (where applicable), and community organizations that have documented experience as local providers and partners, and which shall include— (A) an outline of the applicant's goals to address environmental, economic, and educational equity in the projects and activities supported by the grant funds; (B) annual benchmarks to measure the applicant's progress toward meeting those goals; (C) a plan to ensure that, to the greatest extent practicable, not less than 30 percent of all jobs funded by the grant will be— (i) filled by individuals hired through a local community-based hiring process, in a matter that contributes to the stated equity goals, especially individuals who reside in the same catchment area as students attending the school in which those individuals will work, or individuals who previously attended the school in which those individuals will work; or (ii) filled by individuals who reside in a zip code served by the local educational agency receiving the grant or in a neighboring zip code; (D) as applicable, a commitment to local hiring from businesses, nonprofit organizations, and cooperatives (including worker cooperatives) in a manner that contributes to the stated equity goals, advances the economic and social empowerment of traditionally disadvantaged individuals and communities (including low-income and low-wealth individuals and communities), and creates opportunities for— (i) people of color; (ii) immigrants, regardless of immigrant status; (iii) formerly incarcerated individuals; (iv) women; (v) LGBTQIAP+ individuals; (vi) individuals with disabilities or chronic illness; (vii) young or elderly individuals; (viii) young adults exiting the foster care system; and (ix) unhoused individuals; and (E) a plan to ensure the greatest practicable number of training opportunities within schools benefitting from grant funds under this Act. (c) Documentation (1) In General Each recipient of a grant under this title shall document the recipient's progress toward meeting the resource allocation plan goals over the course of the grant period on a public digitized platform, which may be an existing public dashboard, data center, or information hub of a public website. (2) Requirements A grant recipient shall establish and maintain a public digitized platform for the purposes described in this subsection if one has not already been established on the date of the grant award. (3) Accessible data Each recipient of a grant under this title shall ensure that data described in this subsection and presented on the public digitized platform is accessible to individuals in multiple languages (as applicable to the relevant community), accessible to individuals with different literacy levels, accessible to those with sensory deficits, and standardized. (d) Bureau of Indian Education (1) In general The Secretary of Education and the Secretary of Energy, as applicable, in conjunction with the Secretary of the Interior, shall reserve a sufficient amount of grant funding and additional administrative expenses, for each grant program authorized under this title, for the Bureau of Indian Education to fully carry out the applicable grant activities at all BIE schools and schools funded by BIE, which shall include providing any necessary technical assistance to assist a BIE school or school funded by BIE in creating a resource allocation plan or meeting other grant requirements in collaboration with the applicable Indian Tribe and community members. (2) Ensuring sovereignty and self-determination The Secretary of Education, the Secretary of Energy, and the Secretary of the Interior shall ensure that the administration of funds reserved under paragraph (1) and provision of technical assistance under paragraph (1) is carried out in accordance with principles of Indian Tribal sovereignty and self-determination. 102. Climate capital facilities grants (a) Definitions In this section: (1) Healthy green retrofit The term healthy green retrofit (A) Optimal air quality. (B) Detoxification of air, water, and materials. (C) Enhanced light quality. (D) Improved energy efficiency. (E) Improved water quality and efficiency. (F) Safe and effective wastewater treatment. (G) Electrification and decarbonization. (H) Optimized energy management. (I) Distributed renewable energy. (J) Structural integrity. (K) Resilience to the impacts of climate change and natural hazards. (L) Comfort and accessibility for all users of the facility, including temperature control. (2) Healthy zero-carbon school The term healthy zero-carbon school (A) with highly energy-efficient facilities that produce onsite, or procure, sufficient carbon-free and pollution-free renewable energy to meet the total annual energy consumption of the public school, BIE school, or school funded by BIE; (B) that does not contain any asbestos, mold, fungus, lead, polychlorinated biphenyl (PCB), or other contaminant identified as high-priority by the Office of Sustainable Schools; (C) the space heating, water heating, and lighting systems of which are all-electric; (D) the food service facilities of which use all-electric systems that include contemporary induction burners and convection stoves; (E) that has installed onsite renewable energy, including solar photovoltaic systems, batteries, flywheels, compressed air systems, pumped hydroelectric systems, thermal energy storage systems, and any other technologies that provide distributed renewable energy generation, energy storage, and resilience to extreme weather events, whenever conditions permit; (F) that continuously provides clean air, clean water, and a comfortable learning and working environment, including with respect to temperature; (G) that integrates natural and mechanical systems for natural daylight, views to the outdoors, and operable windows; (H) that provides full accessibility in compliance with— (i) the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. (ii) applicable provisions of section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 (I) that is designed to promote a safe, inclusive, and welcoming environment for all students and staff. (3) National Laboratory The term National Laboratory 42 U.S.C. 15801 (4) Public school The term public school (A) a public elementary school; and (B) a public secondary school. (5) Secretary The term Secretary (b) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish program under which the Secretary shall provide grants to eligible entities described in subsection (d)(1)— (1) to conduct healthy green retrofits at facilities of the eligible entities to convert existing public schools, BIE schools, or schools funded by BIE into healthy zero-carbon schools; and (2) to construct new, healthy zero-carbon schools, subject to the condition that each new, healthy zero-carbon school so constructed shall be located not less than 2,500 feet from any oil or gas wells in the vicinity of the healthy zero-carbon school. (c) Application (1) In general An eligible entity desiring a grant under subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Technical assistance On request of an eligible entity applying for a grant under this section, the Secretary shall provide to the eligible entity technical assistance to develop the resource allocation plan required under section 101(b). (3) Approval The Secretary shall approve each application that meets the requirements of this section. In the case of an application that does not meet such requirements, the Secretary shall consult with the eligible entity and shall provide technical assistance, as necessary, to ensure that the eligible entity meets such requirements. (d) Description of eligible entities (1) In general Subject to paragraph (2), any of the following shall be eligible to receive a grant under this section: (A) A public school. (B) A local educational agency, on behalf of 1 or more public schools. (C) A BIE school. (D) A school funded by BIE. (2) Limitation During the 4-year period beginning on the date of establishment of the grant program under subsection (b), only an eligible entity described in paragraph (1) that is a public school ranked as one of the 1/3 most vulnerable schools in the United States, based on the vulnerability ranking, a local educational agency applying on behalf of such a school, or any BIE school or school funded by BIE, shall be eligible to receive a grant under this section. (e) Allocation of grant funds (1) In general Subject to paragraph (2), the Secretary shall provide to each eligible entity that submits an application approved by the Secretary under subsection (c)(3) a grant in accordance with this section. (2) Allocation (A) In general The Secretary shall allocate grant funds to eligible entities described in paragraph (1) in accordance with the formula established under paragraph (3), subject to the conditions described in subparagraph (B). (B) Conditions for healthy green retrofit projects In allocating grant funding to carry out projects described in subsection (b)(1), the Secretary shall make allocations as follows: (i) The amount of a grant provided under this section to an eligible entity that uses such amount to serve a public school ranked as one of the 1/3 most vulnerable schools in the United States, based on the vulnerability ranking, a local educational agency applying on behalf of such a school, or any BIE school or school funded by BIE, shall be sufficient to cover 100 percent of cost of carrying out a project described in subsection (b)(1). (ii) The amount of a grant provided under this section to an eligible entity that uses such amount to serve a public school ranked as one of middle 1/3 of schools in the United States, based on the vulnerability ranking, or a local educational agency applying on behalf of such a school, shall be sufficient to cover 2/3 (iii) The amount of a grant provided under this section to an eligible entity that uses such amount to serve a public school ranked as one of the 1/3 least vulnerable schools in the United States, based on the vulnerability ranking, or a local educational agency applying on behalf of such a school, shall be sufficient to cover 1/3 (C) Loans (i) In general An eligible entity described in clause (ii) or (iii) of subparagraph (B) may submit to the Secretary an application for a no-interest or low-interest loan to cover any remaining costs of carrying out a project described in subsection (b)(1). (ii) Limitation The total amount of loans provided by the Secretary under clause (i) shall be not more than $446,000,000,000. (3) Funding formula (A) In general Subject to subparagraph (B), the Secretary shall establish a formula for purposes of paragraph (2), based on the results of the initial audit conducted under subsection (h)(1)(A). (B) Revisions After each subsequent audit is conducted under subsection (h)(1)(B), the Secretary shall revise the formula established under subparagraph (A), based on the results of that audit. (f) Use of grant funds (1) In general A recipient of a grant under this section shall use the grant— (A) to conduct healthy green retrofits to convert 1 or more facilities to a healthy zero-carbon school as soon as practicable after receiving the grant funds; or (B) to construct a new, healthy zero-carbon school. (2) Activities to support school safety, security, and a welcoming school environment (A) In general In carrying out activities to comply with paragraph (1), a grant recipient shall— (i) consider and seek to incorporate, to the greatest extent practicable, design and construction strategies to promote safety and security, support accessibility, prevent violence, promote a sense of belonging, improve student mental health and physical well-being, and foster a positive, inclusive, and welcoming school culture and environment, including through evidence-based, trauma-informed physical updates, such as— (I) access control measures; (II) internal door locks; (III) appropriate lighting, including natural daylight; (IV) noise, temperature, and odor control; (V) spaces for storytelling, collaboration, connection, play, and movement; (VI) student-curated displays; (VII) clear wayfinding; (VIII) design principles to facilitate high-quality emergency response or planning; and (IX) other design and construction measures; and (ii) engage students, parents, educators, and school staff early in the design process. (B) Limitation A grant recipient may not use grant funds under this section— (i) for measures that subject students to potential penalties imposed by law enforcement, unduly surveil students, or otherwise detract from a positive, inclusive, and welcoming school culture and environment; and (ii) for measures that would reduce the accessibility of the school environment for children with disabilities. (3) Additional authorized uses After complying with paragraph (1), a recipient of a grant under this section may use the grant to pursue other projects, consistent with the goals of a healthy green retrofit, and in doing so, is encouraged to install green rooftops that reduce stormwater runoff and maximize urban island heat effect reduction benefits. Such rooftops shall meet the minimum performance standard specified within the Living Architecture Performance Tool (LAPT) rating system, and shall be implemented or completed in consultation with at least one Green Roof Professional (GRP) as accredited by the Green Roof Industry Association. (4) Solar PV systems A recipient of a grant under this section is encouraged to use the grant to purchase and install 1 or more solar photovoltaic systems to maximize returns, rather than leasing roof space to other individuals or entities. (5) Efficiency standards In carrying out a project using a grant provided under this section, an eligible entity shall carry out reasonable measures to meet the following energy efficiency standards, as applicable: (A) For a new construction project, design and operate the applicable facility— (i) to achieve— (I) a site energy use intensity equal to or less than 25 kBtu/sf/year; or (II) an Energy Star score of 90; and (ii) to offset not less than 30 percent of energy consumption with onsite renewable energy. (B) For a project to modify an existing facility, design and operate the facility— (i) to achieve— (I) a site energy use intensity equal to or less than 35 kBtu/sf/year; or (II) an Energy Star score of 70; and (ii) to offset not less than 20 percent of energy consumption with onsite renewable energy. (6) Additional standards In carrying out a project using a grant provided under this section, an eligible entity shall adhere to the applicable guidance contained in— (A) the design guide of the American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE) entitled Achieving Zero Energy—Advanced Energy Design Guide for K-12 School Buildings (B) the document of the National Renewable Energy Laboratory entitled A Guide to Zero Energy and Zero Energy Ready K-12 Schools (g) Measurements and assessments (1) In general On conclusion of a healthy green retrofit or construction project funded by a grant under this section, the applicable eligible entity shall submit to the Secretary a measurement and assessment of the energy performance of each facility affected by the project, as determined— (A) before and after the project; and (B) based on standards agreed to by the eligible entity and the Secretary. (2) Publication The Secretary shall make all data submitted under paragraph (1) relating to performance changes publicly available to enable subsequent healthy green retrofit project sponsors to learn from, and improve on, the processes and technologies used. (h) Comprehensive audits of healthy green retrofit needs (1) Audits (A) Initial audit Not later than 180 days after the date on which the Office of Sustainable Schools is established under section 101(a), the Secretary, working jointly with the head of the Office of Sustainable Schools, shall complete an audit of a representative sample of public schools, BIE schools, and schools funded by BIE across the United States to identify healthy green retrofit needs. (B) Subsequent audits After the initial audit is completed under subparagraph (A), the Secretary, working jointly with the head of the Office of Sustainable Schools, periodically shall complete an audit of all public schools, BIE schools, and schools funded by BIE across the United States to identify healthy green retrofit needs. (2) Requirement Each audit under paragraph (1) shall take into account— (A) local climatic conditions; (B) regional variation; (C) the high capital needs of public schools served by local educational agencies that enroll a high percentage of low-income children, BIE schools, and schools funded by BIE; (D) regional labor costs and labor markets; and (E) other necessary criteria, as determined by the Secretary. (i) Consultations In administering the grant program established under subsection (b) and conducting each audit under subsection (h)(1), the Secretary shall collaborate closely with, and seek technical assistance from— (1) the National Laboratories, particularly the National Renewable Energy Laboratory; (2) the Environmental Protection Agency; and (3) other Federal departments and agencies, as the Secretary determines to be necessary. (j) Design guide The Secretary shall encourage the National Renewable Energy Laboratory to develop a new design guide for schools that takes into account best practices and lessons learned from the implementation of the grant program established under subsection (b). (k) Labor standards (1) Labor and Buy American provisions (A) In general Each contractor or subcontractor for a project funded by a grant under this section shall carry out the following: (i) Ensure that the materials used by the contractor or subcontractor are substantially manufactured, mined, and produced in the United States in accordance with chapter 83 Buy American Act (ii) Ensure that all laborers and mechanics employed by the contractor or subcontractor in the performance of construction, alteration, repair, or maintenance work financed in whole or in part with assistance under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 Davis-Bacon Act (iii) With respect to a project or set of projects located in the same local educational agency costing not less than $25,000,000, consent to a project labor agreement. (iv) Not hire employees through a temporary staffing agency unless the relevant State workforce agency certifies that temporary employees are necessary to address an acute, short-term labor demand. (v) Have an explicit neutrality policy on any issue involving the organization of employees of the contractor or subcontractor, and all contractors and subcontractors, for purposes of collective bargaining. (vi) For each project related to a healthy green retrofit or new construction of a school, demonstrate an ability to use and to commit to use individuals enrolled in a registered apprenticeship program who shall, to the greatest extent practicable, constitute not less than 20 percent of the individuals working on the project. (vii) To the greatest extent practicable, provide preferential treatment in hiring laborers and mechanics that are— (I) hired from within 50 miles of their official residence; (II) veterans or active or retired military; (III) highly skilled union workers; or (IV) returning citizens who were formerly incarcerated individuals. (viii) Not require mandatory arbitration for any dispute involving a worker engaged in a service for the contractor or subcontractor. (ix) Consider an individual performing any service under the grant as an employee, and not an independent contractor, of the contractor or subcontractor, respectively, unless— (I) the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of the service and in fact; (II) the service is performed outside the usual course of the business of the contractor or subcontractor, respectively; and (III) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in such service. (B) Action to enforce independent contractor requirement A third party, including a State or local government, may bring an action in any court of competent jurisdiction to enforce the requirements of subparagraph (A)(ix). (2) Pre-apprenticeship To the greatest extent practicable, in carrying out a project funded by a grant under this section, grant recipients shall give preference to contractors or subcontractors that participate in pre-apprenticeship programs that have written agreements with one or more registered apprenticeship programs. (l) Authorization of appropriations; mandatory appropriations Out of funds in the Treasury not otherwise appropriated, there are authorized to be appropriated, and there are appropriated to carry out this section for the 10-fiscal-year period following the date of enactment of this Act — (1) $446,000,000,000 to the Secretary to carry out grants authorized under subsection (b); and (2) such sums as are necessary to the Secretary for administrative expenses and the provision of technical assistance in carrying out this section. 103. Resource block grants (a) Program established (1) In general The Secretary shall award a grant to each qualified local educational agency with an approved application to enable the qualified local educational agency to bring additional eligible educators and support staff into elementary schools and secondary schools and establish community partnerships, and carry out other activities described in this section, with the goals of— (A) expanding social service programming; (B) developing locally designed and rooted educational programs; (C) developing and implementing trauma-informed violence prevention strategies; (D) promoting safe, secure, and welcoming school and community environments; (E) strengthening the educator pipeline; (F) diversifying the workforce; (G) better integrating knowledge of the local community into schools; and (H) providing support, training, and career pathways for paraprofessionals. (2) Consultation and integration (A) Consultation by the Secretary The Secretary shall consult with States and Indian Tribes, as appropriate, in administering the grant program under this section. During such consultation, the Secretary shall strongly encourage the States to integrate the locally designed and rooted educational programs, developed under paragraph (1) (as applicable), into State educational plans and activities, and to support, replicate, and disseminate such educational programs, as appropriate. (B) Consultation by LEAs A local educational agency that receives a grant under this section shall consult with the Secretary, the State educational agency, and Indian Tribes (as applicable) in implementing such grant. (3) Additional local educational agencies Notwithstanding paragraph (1), if funding under this section remains after the Secretary has awarded grants to each qualified local educational agency that submits an application under this section, in amounts that are sufficient to meet the needs of those agencies, the Secretary shall award grants under this section to other local educational agencies that are not qualified local educational agencies, in accordance with the priority requirements described in subsection (b)(3). (b) Application (1) In general A local educational agency desiring a grant under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may reasonably require, which shall include the following: (A) The resource allocation plan described in section 101. (B) A description of the local educational agency’s plan to attempt to hire eligible educators and support staff who, in accordance with section 101(b)(2)(C)— (i) reside in the same catchment area as students attending the school in which those eligible educators and support staff will work, or who previously attended the school in which the educators and staff will work; or (ii) reside in the same zip code, or a neighboring zip code, as the school in which the educators and staff will work. (C) An assurance that after the 10-year period during which grant funds will pay for the eligible educator and support staff positions described in this section, the local educational agency will— (i) retain those positions, and a description of the local educational agency's plan to fund those positions after such period; and (ii) attempt to maintain and continue to fund community partnerships supported by such grant, to the extent that the other entities in those partnerships desire to continue the activities supported with grant funds. (D) A description of the local educational agency's plan to— (i) aim to meet target student-to-staff ratios of 12:1 for students in kindergarten through grade 8, and 15:1 for students in grades 9 through 12 (where staff is defined broadly to refer to any adult professional employed in the school whose work directly relates to education, including the eligible educators and support staff described in this section); (ii) aim to place a lead teacher and paraprofessional in all prekindergarten through grade 3 classes; (iii) aim to hire at least 1 full-time equivalent school psychologist for every 500 students, at least 1 full-time equivalent school counselor for every 250 students, and at least 1 full-time equivalent school social worker for every 250 students served by the agency; and (iv) where applicable, aim to shift special educators from a caseload model to a workload analysis model to ensure sufficient capacity and time to support students. (E) A description of the local educational agency’s plan— (i) to progress toward ending the school-to-prison pipeline and zero tolerance discipline, including by reducing suspensions, expulsions, and referrals to law enforcement; (ii) for progressing toward reallocating resources spent on punishment to restorative justice practices; and (iii) to progress toward ending the use of seclusion, restraint, and corporal punishment. (2) Approval (A) In general The Secretary shall approve each application that meets the requirements of this section. (B) Consultation and technical assistance In the case of an application that does not meet the requirements of this section, the Secretary shall— (i) consult with the local educational agency and shall provide technical assistance, as necessary, to ensure that the local educational agency meets such requirements; and (ii) review and approve revised applications that meet such requirements. (3) Priority If the Secretary awards grants under this section to local educational agencies that are not qualified local educational agencies, in accordance with subsection (a)(3), the Secretary shall give priority to local educational agencies that meet one of the following criteria: (A) Serving a percentage that is higher than the State median of students who are counted under section 1113(a)(5)(A) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5)(A) (B) Serving a percentage that is higher than the State median of students who are children with a disability. (C) Serving a percentage that is higher than the State median of students who are English learners. (D) Serving schools that have a per-pupil expenditure that is lower than the State median per-pupil expenditure. (c) Qualified local educational agency In this section, the term qualified local educational agency (1) a local educational agency that serves one or more schools that are ranked as one of the 1/3 most vulnerable schools in the United States, based on the vulnerability ranking; (2) a local educational agency that serves elementary schools or secondary schools that are in the bottom 1/3 (3) a BIE school or school funded by BIE. (d) Uses of funds (1) Support for eligible educators and support staff (A) In General A local educational agency receiving a grant under this section shall use not less than 80 percent of grant funds— (i) to hire, on a full-time basis, and pay the salaries of eligible educators and support staff described in subparagraph (B) for a period of 10 years; (ii) to increase the salaries of paraprofessionals and promote paraprofessionals who meet the requirements for promotion; and (iii) to provide or facilitate access for paraprofessionals to affordable training by establishing partnerships with community colleges and local institutions of higher education, establishing tuition reimbursement programs, or offering similar initiatives for training. (B) Eligible educators and support staff The eligible educators and support staff described in this subparagraph are— (i) paraprofessionals; (ii) mental health professionals, including psychologists, therapists, and social workers; (iii) school counselors; (iv) librarians; (v) nurses; (vi) restorative justice specialists; (vii) community school site coordinators; (viii) teachers, including special education teachers; (ix) coordinators for culturally responsive education; (x) facilities and food service workers; (xi) learning specialists, including mathematics and reading specialists; (xii) English as a Second Language instructors; (xiii) Native language and cultural specialists; and (xiv) staff to support other social services programming. (2) Community partnerships, educational programming, and social service programming (A) In General In addition to carrying out the activities described in paragraph (1), a local educational agency receiving a grant under this section shall use not less than 2.5 percent and not more than 20 percent of such funds for community partnerships, educational programming, social service programming, and violence prevention and school safety initiatives, which shall include one or more of the following: (i) Development of place-based and experiential education and community-driven educational programs, with a focus on educational programs that affirm and explore the underlying principles of the Green New Deal, including the significance of and the connections between racial, economic, and environmental and climate justice, and that are responsive to the impacts of climate change and socioeconomic injustice on youth mental health. (ii) Programs and spaces that engage students in hands-on, project-based learning across science, technology, engineering, arts, and mathematics instruction, as well as humanities instruction, in the scientific, technical, design, and social aspects of healthy green retrofits funded by the climate capital facilities grants under section 102, as well as of any other uses of those grants. (iii) Spaces and programming to advance vocational and career and technical education, including project-based learning opportunities and advancing such education in partnership with career and technical education schools, community colleges, local institutions of higher education, community organizations, and pre-apprenticeship programs, to prepare students for a wide range of careers related to addressing climate change. (iv) Programming to support extracurricular, co-curricular, and community-based activities such as arts, music, recreation, organized sports, honor societies, 4-H clubs, foreign and Native languages, college access centers, civic engagement clubs and activities, clubs and activities to support movement and connectedness to nature, early child care centers, and after-school and summer education programming. (v) Creating or supporting a school-based youth peer support program. (vi) Other partnerships with local community organizations and social service providers to expand the scale and scope of on-site services in support of the resource allocation plan for the grant. (vii) Training and professional development to advance trauma-informed, healing-centered learning models and practices, centering on the whole child and the child’s cognitive, emotional, and social needs, inclusive of culturally responsive pedagogy. (viii) Providing funding to establish or improve libraries, child care centers, health offices, mental health and wellness centers, cafeteria and dining spaces, gymnasiums, studios and art spaces, outdoor green spaces, or job resource centers in the schools that are served by the local educational agency, which shall be operated by the local educational agency or the local educational agency in partnership with a nonprofit organization. (ix) Website development and other communications to share and exchange knowledge and best practices. (x) Wellness, stress management, and mindfulness training. (xi) Anti-racist and anti-hate educational programming. (xii) Training for and implementation of restorative justice practices, including peer mediation, restorative conferences, counseling, and peace circles for students as well as anti-bullying initiatives. (xiii) Developing and implementing evidence-based practices to support school safety that do not rely on the criminal justice system. (xiv) Developing and implementing evidence-based, inclusive, and trauma-informed practices to prevent violence and improve school climate and culture, including schoolwide positive behavioral interventions and supports, restorative justice programs and interventions, social and emotional learning programs, community-integrated violence prevention programming, and programs to ensure students have access to one-on-one relationships with mentors or other caring adults. (xv) Improving school capacity to identify, refer, and provide services to students and families in need of trauma support services or other social services, including with the appropriate technology and spaces to do so. (xvi) Technical assistance, including contract templates, local data clearinghouses for best practices, and temporary staff to support finding and building initial partnerships to build the capacity to develop and sustain local partnerships with other knowledge centers in the community. (xvii) Increased parent and student engagement in learning. (xviii) Increased availability of translation to create accessible learning environments for English learners. (3) Requirement A local educational agency receiving a grant under this section shall ensure that if such agency contracts with a third-party to carry out activities under this subsection, such third-party— (A) is located in the same catchment area as students attending the school in which they will work, or previously attended the school in which they will work; or (B) is located in a zip code served by the local educational agency receiving the grant or in a neighboring zip code. (4) Prohibitions on use of funds A local educational agency receiving a grant under this section may not use grant funds for any of the following: (A) For measures that subject students to potential penalties imposed by law enforcement, unduly surveil students, or otherwise detract from a positive, inclusive, and welcoming school culture and environment. (B) For measures that would reduce the accessibility of the school environment for students with disabilities. (e) Wage and labor organization requirements Each local educational agency that receives funds through a grant under this section shall— (1) ensure that eligible educators and support staff hired with the grant funds are paid wages in accordance with prevailing rates in the locality or any applicable collective bargaining agreement, and on a pathway with regular increases in pay; (2) ensure that such educators and staff are considered to be part of any existing (as of the date of the hiring) applicable bargaining unit of a labor organization and not considered to be executive employees or employees in other positions exempt from the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. (3) if the local educational agency does not have such a bargaining unit, have an explicit neutrality policy, which covers such educators and staff, on any issue involving the organization of employees for purposes of collective bargaining. (f) Authorization of appropriations; mandatory appropriations Out of funds in the Treasury not otherwise appropriated, there are authorized to be appropriated, and there are appropriated for the 10-fiscal-year period following the date of enactment of this Act — (1) $250,000,000,000 to the Secretary to provide grants under this section; and (2) sums as are necessary to the Secretary for the administrative expenses and provision of technical assistance in carrying out this section. 104. Educational equity planning grants (a) Program established (1) In General The Secretary shall facilitate an inclusive, regional equity planning process and award grants to eligible consortia to eliminate intra-region education inequities by providing Federal funds to assist the eligible consortia in planning and carrying out regional education equity plans, in accordance with this section. (2) Planning grant The Secretary shall award a planning grant under this section, for a period of not longer than 1 year, to each eligible consortium with an approved application to enable the eligible consortium to develop a regional education equity plan. (3) Implementation grant The Secretary shall award an implementation grant under this section to each eligible consortium with an approved regional education equity plan to enable the consortium to carry out activities to implement such plan. (b) Eligible consortium In this section, the term eligible consortium (c) Provision of data The Secretary, the Secretary of Housing and Urban Development, the Administrator of the Environmental Protection Agency, and the Secretary of Transportation shall provide each eligible consortium that receives a planning grant under this section with data relevant to that particular eligible consortium about demographic trends, the spatial distribution of poverty, environmental hazards, and access to education, transportation, and economic opportunities across the consortium’s region, to assist the eligible consortium in developing the regional education equity plan. (d) Community outreach Each eligible consortium that receives a planning grant shall engage in extensive community outreach to solicit comments from diverse stakeholders on issues related to education equity in the region of the consortium, as part of the process of developing the regional education equity plan. (e) Regional education equity plan (1) In General Upon receipt of the data described in subsection (c) and completion of the outreach described in subsection (d), each eligible consortium that receives a planning grant under this section shall use such data and the results of such outreach to develop a 5-year regional education equity plan. The regional education equity plan shall— (A) identify racial, class, gender, and disability-related inequities in education access within the region at the time of the plan's development; (B) identify the historic causes of those inequities; and (C) describe activities to redress those inequities. (2) Equity assessment tool The Secretary shall provide each eligible consortium receiving a planning grant under this section with an equity assessment tool, which shall be a structured list of questions to guide the consortium in the development of the regional education equity plan. The structured list of questions shall be developed in consultation with representatives of impacted communities and education equity groups in a manner that aligns and is consistent with the principles entitled “Jemez Principles for Democratic Organizing” and dated December 1996. (f) Application; Equity plan (1) Application Each eligible consortium desiring a planning grant under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Equity plan Each eligible consortium desiring an implementation grant under this section shall submit a regional education equity plan to the Secretary, at such time, in such manner, and containing such information as the Secretary may reasonably require, which shall include, at a minimum, the information described in subsection (e). If the Secretary does not approve the plan, the Secretary shall work with the eligible consortium and provide technical assistance to assist the eligible consortium in revising the regional education equity plan until the Secretary determines that such plan will be approved. (g) Use of funds for implementation An eligible consortium receiving an implementation grant under this section shall— (1) distribute such grant funds to elementary schools and secondary schools that are served by local educational agencies in the eligible consortium in accordance with the regional education equity plan; and (2) may use grant funds for resource sharing and the centralization of administration, planning, and procurement among the local educational agencies in the consortium, with the aim of ensuring an equitable distribution of funding and staffing and equitable access to high-quality educational opportunities for students, including students who are children with disabilities and low-income students. (h) Accountability An eligible consortium that receives an implementation grant under this section shall post on a publicly available website data about annual benchmarks that are achieved during the 5-year grant period. (i) Authorization of appropriations; mandatory appropriations Out of funds in the Treasury not otherwise appropriated, there are authorized to be appropriated, and there are appropriated for the 10-fiscal-year period following the date of enactment of this Act— (1) $100,000,000 to the Secretary to carry out this section; and (2) sums as are necessary the Secretary for the administrative expenses and provision of technical assistance in carrying out this section. 105. IDEA funding Out of funds in the Treasury not otherwise appropriated, there are appropriated to carry out part B of the Individuals with Disabilities in Education Act ( 20 U.S.C. 1411 et seq. 106. Elementary and Secondary Education funding Out of funds in the Treasury not otherwise appropriated, there are appropriated to carry out part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. II Climate change resiliency 201. Definitions In this Act: (1) Community resiliency center The term community resiliency center (A) may conduct, or provide space for, targeted activities such as helping reach community members not well-served by existing resources or preparedness programs, and serving as a shelter or communications center in emergencies, distributing food, energy and other basic needs during or after a disaster, providing trauma-informed care and mental health services during or after a disaster, and enabling faster recovery through connecting community members with services; and (B) may distribute food, energy, or other basic needs on an ongoing basis. (2) Environmental justice community The term environmental justice community 202. Climate change resiliency program The Secretary shall establish a Climate Change Resiliency Program to— (1) increase the resiliency of the United States public school system, BIE schools, and schools funded by BIE during— (A) climate change-related events and natural disasters, including extreme weather events, droughts, hurricanes, coastal and inland flooding, sea level rise, increased storm surge, wildfires, mudslides, extreme temperatures, tornadoes, earthquakes, and volcanos; and (B) public health crises; (2) increase the ability of the United States public school system, BIE schools, and schools funded by BIE to advance climate justice and environmental justice by serving as community resiliency centers; (3) build partnerships among local businesses, labor unions, apprenticeship programs, nonprofit organizations, and educators to facilitate applied STEAM and social science learning opportunities related to climate resiliency for students and create local jobs; and (4) prioritize public educational institutions, BIE schools, and schools funded by BIE as centers of innovation and pathways to green collar jobs through investments in vocational and technical education in public schools that connect to labor organization registered apprenticeships and other high-road jobs. 203. Grant program (a) In general As part of the Climate Change Resiliency Program established under section 202, the Secretary shall establish a program to make grants to State educational agencies, in partnership with local educational agencies and local nonprofit organizations, for the development and implementation of Statewide, regional, or local climate resiliency plans or climate resiliency projects for public elementary schools and secondary schools, BIE schools, and schools funded by BIE, with the aim of enabling public schools to serve as community resiliency centers. (b) Climate resiliency plans and projects Each climate resiliency plan or climate resiliency project under subsection (a) shall include 1 or more of the following depending on the needs of the schools and surrounding communities to be served: (1) Improvements to school buildings and grounds, including projects such as— (A) installing on-site distributed generation that combines energy efficient devices, energy storage, and renewable energy to allow the school to access essential energy during power outages and optimize use of on-site and off-site energy sources for emissions reductions; (B) upgrading school kitchen facilities to support the preparation of scratch-cooked student meals that use whole ingredients and are rich in fruits, vegetables, legumes, and whole grains; (C) projects that generate and maintain publicly accessibly integrated sustainability data and building management platforms; (D) improving walkability and accessibility on school grounds and in all school buildings; (E) acquiring relevant disaster response equipment and carrying out disaster response training; (F) procuring electric school buses; (G) installing public charging infrastructure for electric school buses and electric vehicles; (H) establishing or improving dedicated infrastructure for safe transportation by bicycle, including bicycle lanes and parking spots; (I) enhancing multi-modal access to support the needs of all students, families, and staff, whether they walk, bike, use transit, or use other means of transportation to and from school; (J) establishing or improving vehicle speed reduction infrastructure; and (K) a project involving the installation of high-speed internet infrastructure, in coordination with the E-rate program of the Federal Communications Commission set forth under subpart F of part 54 of title 47, Code of Federal Regulations (or any successor regulation)— (i) in order to provide universal internet access for schools served by the grantee, BIE schools, and schools funded by BIE; (ii) with an upload speed that allows for the full execution of activities related to virtual teaching and learning, including the access and use of interactive online learning modules and textbooks, online professional learning courses, videoconferencing, and assistive technology; (iii) including the ongoing costs associated with providing that internet infrastructure and access; (iv) with respect to which, schools are encouraged to partner with municipal and other public or nonprofit entities to support internet access; and (v) with respect to which the school will ensure that all internet service providers with which the school contracts for the project include open access infrastructure. (2) Green infrastructure projects and projects to increase food supply resiliency, such as— (A) wetlands, drainage ponds, and any other green infrastructure to protect schools 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; (B) green rooftops and walls that meet the minimum performance standard specified within the Living Architecture Performance Tool (LAPT) rating system, implemented or completed in consultation with at least one Green Roof Professional (GRP) as accredited by the Green Roof Industry Association, particularly those that can provide temperature management and air quality improvements and reduce stormwater runoff; (C) indoor plantings, particularly those that can provide air quality improvements; (D) tree plantings and green playgrounds that, at appropriate times, can act as a green space for the community; (E) community gardens that may be used by the school to provide healthy food for students or by the community to provide healthy food for community residents; (F) procurement of local, organic, and sustainably produced food, including a focus on healthy, plant-based options; and (G) large scale food composting operations, and other projects to reduce single-use plastic and promote zero-waste options. (3) Projects to enable remote learning in the event that a school building is unusable due to a natural disaster, climate- or climate-change related event, severe weather, or infectious disease outbreaks. (4) Projects for climate resiliency education, including STEAM and social science education and career preparation, such as projects that combine upgrades to school buildings and grounds with career and technical education opportunities. (5) Any other type of plan or project carried out by the State educational agency that the Secretary determines will increase the resiliency of a school or school infrastructure provided, operated, or owned by the State educational agency with respect to the events described in section 202(1). (c) Priority The Secretary shall develop metrics to evaluate grant applications and give priority to applications for climate resiliency plans or climate resiliency projects that focus on improving schools in neighborhoods that experience low air quality, lack green space and healthy food, bear higher cumulative pollution burdens, or are at high risk of experiencing the adverse effects of climate change. (d) Components The Secretary, directly or through partnerships with States and nonprofit organizations, shall provide technical assistance to support grantees in developing and implementing climate resiliency plans or climate resiliency projects that— (1) provide hands-on education and applied STEAM and social science learning opportunities to students; (2) demonstrate a commitment to provide job training, registered apprenticeship programs, and contracting opportunities to residents and small businesses owned by residents of the community that the school serves; (3) identify and further community priority actions and conduct robust community engagement; (4) utilize climate change and community health data for proactive solutions; (5) 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; (6) increase equitable outcomes for and support strong partnerships with environmental justice communities and climate vulnerable populations; (7) achieve broad and multiple community benefits; and (8) monitor project success and maintaining the project into the future. (e) Existing initiatives The Secretary may encourage and give priority to climate resiliency plans or climate resiliency projects that integrate with and inform existing sustainability initiatives, such as the Department of Education Green Ribbon Schools program. (f) Environmental health The Secretary may develop and encourage metrics to support consistent reporting of environmental health best practices and other outcomes. (g) Coordination (1) Environmental protection agency and agriculture The Secretary shall coordinate with the Administrator of the Environmental Protection Agency and the Secretary of Agriculture to provide technical guidance or assistance to State educational agencies in designing and carrying out climate resiliency plans or climate resiliency projects funded by the grant program as they relate to healthy schools. (2) Department of energy The Secretary shall coordinate with the Secretary of Energy to develop metrics to evaluate grant applications and provide technical assistance to State and local educational agencies in designing and carrying out climate resiliency plans or climate resiliency projects. (h) Partners A recipient of a grant under this section to carry out a project described in subsection (b)(1)(K) shall, to the extent practicable, partner with local government and other public or nonprofit entities to support internet access, and all service providers shall use open access infrastructure. (i) Environmental justice communities The Secretary shall ensure that not less than 50 percent of funds awarded under this section are used for projects located in environmental justice communities. (j) Wage rate requirements (1) In general Notwithstanding any other provision of law, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by a grant under this section shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 Davis-Bacon Act (2) Authority With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have 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. (k) Use of american iron, steel, and manufactured products (1) Definitions In this subsection: (A) Manufactured product The term manufactured product (i) electrical components; and (ii) non-ferrous building materials, including aluminum, polyvinylchloride, glass, fiber optics, plastic, wood, masonry, rubber, manufactured stone, any other non-ferrous metals, and any unmanufactured construction material. (B) Produced in the united states The term produced in the United States (i) When used with respect to a manufactured product, the product was manufactured in the United States and the cost of the components of that product that were mined, produced, or manufactured in the United States exceeds 60 percent of the total cost of all components of the product. (ii) When used with respect to iron or steel products, or an individual component of a manufactured product, all manufacturing processes for those iron or steel products or components, from the initial melting stage through the application of coatings, occurred in the United States, except that the term does not include— (I) steel or iron material or products manufactured abroad from semi-finished steel or iron from the United States; or (II) steel or iron material or products manufactured in the United States from semi-finished steel or iron of foreign origin. (2) Requirements A State that receives funds under this section shall ensure that any iron, steel, and manufactured products used in a project carried out with those funds are produced in the United States. (3) Waiver authority (A) In general The Secretary may waive the requirement under paragraph (2) if the Secretary determines that— (i) applying the requirement would be inconsistent with the public interest; (ii) iron, steel, and manufactured products produced in the United States are not produced in a sufficient and reasonably available quantity or are not of a satisfactory quality; or (iii) using iron, steel, and manufactured products produced in the United States will increase the cost of the applicable overall project by more than 25 percent. (B) Publication Before issuing a waiver under subparagraph (A), the Secretary shall publish in the Federal Register a detailed written explanation of the waiver determination. (4) Consistency with international agreements This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements. 204. Report Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that evaluates the effectiveness of the activities carried out under this title. 205. Authorization of appropriations; mandatory appropriations (a) In general Out of funds in the Treasury not otherwise appropriated, there are authorized to be appropriated, and there are appropriated for each of fiscal years 2024 through 2034, $4,000,000,000 to the Secretary of Education to carry out this title. (b) Limitation Not more than 5 percent of the funds appropriated to carry out this title shall be used for projects described in section 203(b)(3).

Green New Deal for Public Schools Act of 2023

Government Shutdown Prevention Act of 2023 This bill provides continuing appropriations to prevent a government shutdown if any appropriations measure for a fiscal year has not been enacted before the fiscal year begins and continuing appropriations are not in effect. For an initial 90-day period, the bill provides continuing appropriations at 99% of the rate for the preceding year to continue programs, projects, and activities for which funds were provided in the preceding fiscal year. The bill reduces the continuing appropriations by 1% after the first 90-day period and by an additional 1% for each subsequent 90-day period until the applicable appropriations legislation is enacted.

118 S299 PCS: Government Shutdown Prevention Act of 2023 U.S. Senate 2023-02-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 13 118th CONGRESS 1st Session S. 299 IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Paul February 9, 2023 Read the second time and placed on the calendar A BILL To amend title 31, United States Code, to provide for automatic continuing resolutions. 1. Short title This Act may be cited as the Government Shutdown Prevention Act of 2023 2. Automatic continuing appropriations (a) In General Chapter 13 section 1310 1311. Continuing appropriations (a) (1) On and after the first day of each fiscal year, if an appropriation Act for such fiscal year with respect to the account for a program, project, or activity has not been enacted and continuing appropriations are not in effect with respect to the program, project, or activity, there are appropriated, at the rate for operations specified in paragraph (2), such sums as may be necessary to continue the program, project, or activity if funds were provided for the program, project, or activity during the preceding fiscal year— (A) in the corresponding appropriation Act for such preceding fiscal year; or (B) if the corresponding appropriation bill for such preceding fiscal year did not become law, in a law making continuing appropriations for such preceding fiscal year. (2) (A) Appropriations and funds made available, and authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of— (i) 99 percent of the rate of operations provided for in the regular appropriation Act providing for such program, project, or activity for the preceding fiscal year; (ii) in the absence of such an Act, 99 percent of the rate of operations provided for such program, project, or activity pursuant to a law making continuing appropriations for such preceding fiscal year; or (iii) 99 percent of the annualized rate of operations provided for in the most recently enacted law making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this section, for the period of 90 days. After the first 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. For each subsequent 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. The 90-day period reductions shall extend beyond the last day of that fiscal year. (B) If this section is in effect at the end of a fiscal year, funding levels shall continue as provided in this section for the next fiscal year. (3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be. (b) An appropriation or funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such program, project, or activity under current law. (c) Notwithstanding any other provision of this section, for those programs, projects, or activities that would otherwise have high initial rates of operation or complete distribution of appropriations at the beginning of a fiscal year for which funding is made available under this section because of distributions of funding to States, foreign countries, grantees, or others, such high initial rates of operation or complete distribution shall not be made, and no grants shall be awarded for such programs, projects, or activities funded by this section that would impinge on final funding prerogatives. (d) Expenditures made for a program, project, or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a measure making continuing appropriations until the end of a fiscal year providing for such program, project, or activity for such period becomes law. (e) This section shall not apply to a program, project, or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)— (1) makes an appropriation, makes funds available, or grants authority for such program, project, or activity to continue for such period; or (2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such program, project, or activity to continue for such period. . (b) Clerical Amendment The table of sections of chapter 13 section 1310 1311. Continuing appropriations. . February 9, 2023 Read the second time and placed on the calendar

Government Shutdown Prevention Act of 2023

Fiscal Year 2023 Veterans Affairs Major Medical Facility Authorization Act This act authorizes the Department of Veterans Affairs to carry out specified major medical facility projects during FY2023. The bill also indicates the maximum amount that can be spent on each project.

S30 ENR: Fiscal Year 2023 Veterans Affairs Major Medical Facility Authorization Act U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. One Hundred Eighteenth Congress of the United States of America 1st Session Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and twenty three S. 30 IN THE SENATE OF THE UNITED STATES AN ACT To authorize major medical facility projects for the Department of Veterans Affairs for fiscal year 2023, and for other purposes. 1. Short title This Act may be cited as the Fiscal Year 2023 Veterans Affairs Major Medical Facility Authorization Act 2. Authorization of major medical facility projects of Department of Veterans Affairs for fiscal year 2023 (a) In general The Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2023 at the locations specified and in an amount for each project not to exceed the amount specified for such location: (1) Construction of a community-based outpatient clinic and national cemetery in Alameda, California, in an amount not to exceed $395,000,000. (2) Construction of a community living center and renovation of domiciliary and outpatient facilities in Canandaigua, New York, in an amount not to exceed $506,400,000. (3) Construction of a new health care center in El Paso, Texas, in an amount not to exceed $700,000,000. (4) Seismic upgrade and specialty care improvements in Fort Harrison, Montana, in an amount not to exceed $88,600,000. (5) Realignment and closure of the Livermore campus in Livermore, California, in an amount not to exceed $490,000,000. (6) Construction of a new medical facility in Louisville, Kentucky, in an amount not to exceed $1,013,000,000. (7) Seismic retrofit and renovation, roadway and site improvements, construction of a new specialty care facility, demolition, and expansion of parking facilities in Portland, Oregon, in an amount not to exceed $523,000,000. (b) Authorization of appropriations There is authorized Speaker of the House of Representatives Vice President of the United States and President of the Senate

Fiscal Year 2023 Veterans Affairs Major Medical Facility Authorization Act

Armenian Protection Act of 2023 This bill restricts providing U.S. foreign assistance to the government of Azerbaijan in FY2024 or FY2025. Current law prohibits providing certain foreign assistance to the government of Azerbaijan, but also authorizes the President to waive this prohibition for specified reasons, such as if the foreign assistance is necessary to support U.S. efforts to counter international terrorism. This bill bars the President from providing this waiver with respect to funds made available for FY2024 or FY2025.

107 S3000 ES: Armenian Protection Act of 2023 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 118th CONGRESS 1st Session S. 3000 IN THE SENATE OF THE UNITED STATES AN ACT To repeal Freedom Support Act section 907 waiver authority with respect to assistance to Azerbaijan. 1. Short title This Act may be cited as the Armenian Protection Act of 2023 2. Freedom Support Act section 907 waiver repeal The President may not exercise the waiver authority provided pursuant to title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 ( Public Law 107–115 22 U.S.C. 5812 assistance for the independent states of the former Soviet Union Passed the Senate November 15, 2023. Secretary

Armenian Protection Act of 2023

Educational Opportunities Act of 2023 This bill allows individual taxpayers a tax credit for charitable contributions to a scholarship granting organization. The bill allows a maximum credit amount of $4,500 ($2,250 for a married individual filing a separate return). A scholarship granting organization is a tax-exempt entity whose exclusive purpose is to provide scholarships for the tuition and other education expenses of elementary and secondary school students from low-income households (i.e., household income not exceeding 250% of federal poverty guidelines). The bill allows corporate taxpayers a tax credit, up to $100,000, for contributions to a scholarship granting organization. It also imposes a penalty on scholarship granting organizations that fail to distribute at least 90% of their total receipts for elementary and secondary school expenses in a taxable year.

118 S301 IS: Educational Opportunities Act of 2023 U.S. Senate 2023-02-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 301 IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Rubio Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to allow a credit against tax for qualified elementary and secondary education tuition. 1. Short title This Act may be cited as the Educational Opportunities Act of 2023 2. Tax credit for contributions to scholarship granting organizations (a) Credit for individuals (1) In general Subpart A of part IV of subchapter A of chapter 1 25F. Contributions for qualified elementary and secondary education tuition (a) Allowance of credit In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount of qualified contributions made by the taxpayer during the taxable year. (b) Dollar limitation The amount allowed as a credit under subsection (a) with respect to any taxpayer shall not exceed— (1) $2,250, in the case of a married individual filing a separate return, and (2) $4,500, in any other case. (c) Qualified contributions; other definitions For purposes of this section— (1) Qualified contribution The term qualified contribution (2) Scholarship granting organization The term scholarship granting organization (A) which is described in section 501(c)(3) and exempt from tax under section 501(a), (B) whose exclusive purpose is to provide scholarships for the qualified elementary and secondary education expenses of eligible students, and (C) which meets the requirements of subsection (d). (3) Eligible student The term eligible student (A) who is enrolled in a school (within the meaning of section 530(b)(3)(B), after the application of paragraph (4)(B)), and (B) who is a member of a household with a total annual household income which does not exceed 250 percent of the Federal poverty guidelines (as determined by the Secretary of Health and Human Services). (4) Qualified elementary and secondary education expenses The term qualified elementary and secondary education expenses (A) child beneficiary a child the designated beneficiary of the trust (B) in applying such paragraph, the term school (i) charge tuition for attendance, (ii) comply with all applicable State laws, including laws relating to unlawful discrimination, health and safety requirements, and criminal background checks of employees, and (iii) agree to provide annual reports as described in subsection (e) to the scholarship granting organization and to the parents or guardians of eligible students receiving a scholarship from the scholarship granting organization. (5) Scholarship The term scholarship (d) Requirements for scholarship granting organizations An organization meets the requirements of this section if— (1) such organization does not provide grants to eligible students for any expenses other than qualified elementary and secondary education expenses, (2) such organization provides grants to— (A) more than 1 student, and (B) students attending more than 1 school, (3) such organization does not earmark or set aside contributions for scholarships on behalf of any particular student or to any specific school or group of schools, (4) such organization takes appropriate steps to verify the annual household income and family size of eligible students to which it provides grants, (5) such organization obtains annual audits from an independent certified public accountant and submits such audits to the Secretary, (6) no employee of such organization has violated any law relating to the audit described in paragraph (4), and (7) such organization— (A) requires any eligible student who receives a scholarship— (i) to participate in the evaluation conducted by the Institute of Education Science under section 2(d) of the Educational Opportunities Act of 2023 (ii) to permit such organization to share assessment information and other data regarding the student with the Institute in accordance with subparagraph (B), and (B) provides the reports described in subsection (e)(1)(C) and such other information as necessary to the Director of the Institute of Education Science for the purposes of identifying eligible students receiving a scholarship from such organization and conducting the evaluations and reports required under section 2(d) of the Educational Opportunities Act of 2023 For purposes of paragraph (5), the term independent certified public accountant (e) Eligible school reporting requirement (1) In general The reports described in this subsection include— (A) a report to the parents on the student’s academic achievement, including a comparison with the aggregate academic achievement of other students in the same grade or level at the school who receive a scholarship from a scholarship granting organization, if available, and (B) a report to each scholarship granting organization that provides scholarships to students at the school, including— (i) the test results, in the aggregate and disaggregated by race or ethnicity and grade level, of the students receiving such scholarships who are in grades 3 through 12 on a grade-appropriate nationally norm-referenced standardized test, or a grade-appropriate State-recognized assessment, and (ii) any additional data requested by the Director of the Institute of Education Sciences in accordance with section 2(d)(B) of the Educational Opportunities Act of 2023 (2) No personally identifiable information In preparing and submitting the report described in paragraph (1)(B), a school shall not include any personally identifiable information regarding a student. (f) Denial of double benefit No deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. (g) Election This section shall apply to a taxpayer for a taxable year only if such taxpayer elects to have this section apply for such taxable year. . (2) Clerical amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25E the following new item: Sec. 25F. Contributions for qualified elementary and secondary education tuition. . (b) Credit for corporations (1) In general Subpart D of part IV of subchapter A of chapter 1 45AA. Contributions to scholarship granting organizations (a) General rule For purposes of section 38, in the case of a corporation, the education scholarship credit determined under this section for the taxable year is the aggregate amount of qualified contributions for the taxable year. (b) Limitation The amount of the credit determined under this section for any taxable year shall not exceed $100,000. (c) Qualified contributions For purposes of this section, the term qualified contribution (d) Denial of double benefit No deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. (e) Election This section shall apply to a taxpayer for a taxable year only if such taxpayer elects to have this section apply for such taxable year. . (2) Conforming amendments (A) Section 38(b) of such Code is amended by striking plus , plus (41) the education scholarship credit determined under section 45AA(a). . (B) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45AA. Contributions to scholarship granting organizations. . (c) Excise tax on failure of scholarship granting organizations to make distributions (1) In general Chapter 42 I Scholarship granting organizations Sec. 4969. Tax on failure to distribute receipts. 4969. Tax on failure to distribute receipts (a) Tax imposed There is hereby imposed a tax on the failure of an scholarship granting organization (as defined in section 25F(c)(2)) to make distributions in any taxable year in an amount equal to or in excess of the required distribution amount before the distribution deadline. (b) Amount of tax The tax imposed by subsection (a) shall be equal to 15 percent of the excess (if any) of— (1) the required distribution amount with respect to the taxable year, over (2) the amount of receipts of the scholarship granting organization for such taxable year which are distributed before the distribution deadline with respect to such receipts. (c) Definitions For purposes of this section— (1) Required distribution amount The required distribution amount with respect to a taxable year is an amount equal to 90 percent of the total receipts of the scholarship granting organization for such taxable year. (2) Distributions The term distribution (3) Distribution deadline The distribution deadline with respect to receipts for a taxable year is the first day of the second taxable year following the taxable year in which such receipts are received by the scholarship granting organization. (d) Reasonable cause exception The tax imposed by subsection (a) shall not apply with respect to any failure to make required distributions before the distribution deadline which is not willful and is due to reasonable cause. . (2) Abatement of tax (A) General rule Subsection (b) of section 4962 of such Code is amended by striking or G G, or I (B) First tier tax Subsection (a) of section 4963 of such Code is amended by inserting 4969, 4967, (C) Taxable event Subsection (c) of section 4963 of such Code is amended by inserting 4969, 4967, (3) Correction period Subparagraph (A) of section 4963(e)(2) of such Code is amended by inserting or 4969 4942 (4) Conforming amendment The table of subchapters for chapter 42 of such Code is amended by adding at the end the following new item: Subchapter I—Scholarship granting organizations . (d) Evaluations (1) Definitions In this section— (A) the terms eligible student qualified elementary and secondary education expenses scholarship granting organization section 25F(c) (B) the term Director (C) the term participating student (2) Evaluations (A) In general By not later than April 1 of the year following the year of the date of enactment of this Act, and by April 1 of each subsequent year, the Director shall conduct an annual evaluation to determine the effectiveness of scholarships provided by scholarship granting organizations to eligible students in improving the academic achievement and success of the eligible students. (B) Contents of the evaluation In conducting the evaluation required under this subsection, the Director shall— (i) request, from each scholarship granting organization, the reports provided to the scholarship granting organization by the schools accepting participating students, in accordance with section 25F(e)(1)(B); (ii) using the reports described in clause (i), assess the academic achievement of all participating students in grades 3 through 12, based on the nationally norm-referenced standardized test or State-recognized assessment used by each school; (iii) evaluate the school retention rates, secondary school graduation rates, and institution of higher education admission rates of participating students; (iv) evaluate the success of the tax credits allowed under section 25F and 45AA of the Internal Revenue Code of 1986, as added by this Act, in expanding school choice options for parents of participating students, increasing the satisfaction of such parents and students, and increasing parental involvement of such parents in the education of their students; and (v) evaluate such other issues with respect to the education of participating students as the Director considers appropriate for inclusion in the evaluation. (3) Reports By not later than April 1 of the year after the year of the first evaluation under paragraph (2), and by April 1 of each subsequent year, the Director shall submit to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Ways and Means and the Committee on Education and the Workforce of the House of Representatives, an annual report on scholarships provided by scholarship granting organizations that incorporates the results of the most recent evaluation described in paragraph (2). (4) Prohibition No personally identifiable information shall be disclosed in the data, evaluations, and reports required under this subsection. (5) Public availability The Director shall make all evaluations, reports, and underlying data gathered pursuant to this subsection available to the public, upon request and in a timely manner following submission of the applicable report or evaluation under this subsection, subject to paragraph (4). (e) Effective date The amendments made by subsections (a), (b), and (c) shall apply to taxable years beginning after December 31, 2022.

Educational Opportunities Act of 2023

Passport Sanity Act This bill prohibits the Department of State from issuing a passport, passport card, or Consular Report of Birth Abroad with an unspecified (X) gender designation. The State Department must also ensure that applications for such documents include only male and female gender designations.

118 S3011 IS: Passport Sanity Act U.S. Senate 2023-10-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 118th CONGRESS 1st Session S. 3011 IN THE SENATE OF THE UNITED STATES October 4, 2023 Mr. Vance Mr. Cassidy Mr. Budd Committee on Foreign Relations A BILL To prohibit the Secretary of State from issuing a passport, passport card, or Consular Report of Birth Abroad that includes the unspecified (X) gender designation, and for other purposes. 1. Short title This Act may be cited as the Passport Sanity Act 2. Prohibition regarding certain gender designation on passports, passport cards, and Consular Reports of Birth Abroad issued by Department of State (a) In general The Secretary of State shall— (1) ensure each application for a covered document includes only the gender designations male and female; and (2) prohibit the issuing of a covered document that includes the unspecified (X) gender designation. (b) Covered document defined In this section, the term covered document

Passport Sanity Act

Volunteer Driver Tax Appreciation Act of 2023 This bill increases the 14 cents per mile rate for the charitable use of an automobile to the standard business mileage rate (65.5 cents per mile in 2023) for automobiles transporting persons (other than the taxpayer) or property on behalf of a charitable organization.

118 S3020 IS: Volunteer Driver Tax Appreciation Act of 2023 U.S. Senate 2023-10-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3020 IN THE SENATE OF THE UNITED STATES October 4, 2023 Ms. Klobuchar Mr. Budd Ms. Smith Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to equalize the charitable mileage rate with the business travel rate. 1. Short title This Act may be cited as the Volunteer Driver Tax Appreciation Act of 2023 2. Increase in charitable mileage rate (a) In general Subsection (i) of section 170 shall be 14 cents per mile. shall be— (1) except as provided in paragraph (2), 14 cents per mile, and (2) in the case of transportation of persons (other than the taxpayer) or property on behalf of an organization described in subsection (c), the rate determined by the Secretary, which rate shall not be less than the standard mileage rate used for purposes of sections 162 and 212. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2022.

Volunteer Driver Tax Appreciation Act of 2023

Sustainable Cardiopulmonary Rehabilitation Services in the Home Act This bill permanently allows services relating to cardiac rehabilitation programs, intensive cardiac rehabilitation programs, and pulmonary rehabilitation programs to be furnished via telehealth at a beneficiary's home under Medicare.

118 S3021 IS: Sustainable Cardiopulmonary Rehabilitation Services in the Home Act U.S. Senate 2023-10-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3021 IN THE SENATE OF THE UNITED STATES October 4, 2023 Ms. Sinema Mrs. Blackburn Ms. Klobuchar Committee on Finance A BILL To amend title XVIII of the Social Security Act to permanently extend certain in-home cardiopulmonary rehabilitation flexibilities established in response to COVID–19, and for other purposes. 1. Short title This Act may be cited as the Sustainable Cardiopulmonary Rehabilitation Services in the Home Act 2. Codifying virtual cardiopulmonary rehabilitation flexibilities established in response to COVID–19 (a) In general Section 1861(eee)(2) of the Social Security Act ( 42 U.S.C. 1395x(eee)(2) (1) in subparagraph (A)(ii), by inserting , including in the home of an individual when furnished as a telehealth service through audio-visual real-time communications technology, or when such home is designated as a provider-based location of a hospital outpatient department outpatient basis (2) in subparagraph (B), by inserting , including through the virtual presence of such physician, physician assistant, nurse practitioner, or clinical nurse specialist, through audio-visual real-time communications technology under the program (b) Expanding originating sites Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) (1) in paragraph (1), by striking and (9) (as defined in paragraph (4)(E)) , (9), and (10), the Secretary shall pay for telehealth services that are furnished via a telecommunications system by a physician (as defined in section 1861(r)) or a practitioner (as defined in paragraph (4)(E)), or by a hospital (as defined in section 1861(e)) (2) in paragraph (2)(A), by striking or practitioner , practitioner, or hospital (3) in paragraph (4)(A), by striking or practitioner , practitioner, or hospital (4) in paragraph (4)(C)— (A) in clause (i), by striking and (7) (7), and (10) (B) in clause (ii)(X), by striking paragraph (7) paragraphs (7) and (10) (5) in paragraph (4)(F)(i), by striking paragraph (8) paragraphs (8) and (10) (6) by adding at the end the following new paragraph: (10) Treatment of cardiac rehabilitation program, intensive cardiac rehabilitation program, and pulmonary rehabilitation program visits furnished through telehealth In the case of items and services furnished on or after January 1, 2024, the geographic requirements described in paragraph (4)(C)(i) shall not apply with respect to telehealth services for cardiac rehabilitation programs and intensive cardiac rehabilitation programs (as such terms are defined in section 1861(eee)) and pulmonary rehabilitation programs (as defined in section 1861(fff)) at an originating site described in subclauses (V) and (X) of paragraph (4)(C)(ii). . (c) Authority To establish standards and allow for certain programs To utilize telehealth services (1) In general Not later than 30 days after the date of enactment of this section, the Secretary of Health and Human Services shall— (A) establish standards for the designation of the home of an individual with status as a provider-based organization of a hospital consistent with waivers issued through the Hospital Without Walls program for cardiac rehabilitation, pulmonary rehabilitation, and intensive cardiac rehabilitation; and (B) include items and services furnished under cardiac rehabilitation program or under an intensive cardiac rehabilitation program (as such terms are defined in section 1861(eee) of the Social Security Act ( 42 U.S.C. 1395x(eee) 42 U.S.C. 1395x(fff) 42 U.S.C. 1395m(m)(4)(F) (2) Effective date The standards established under paragraph (1) shall apply to items and services furnished on or after January 1, 2024. (d) Implementation Notwithstanding any other provision of the law, the Secretary of Health and Human Services may implement the provisions of, and the amendments made by, this section by program instruction or otherwise. (e) Effective date The amendments made by subsections (a) and (b) shall apply to items and services furnished on or after January 1, 2024.

Sustainable Cardiopulmonary Rehabilitation Services in the Home Act

Promoting Access to Broadband Act of 2023 This bill establishes grant programs to facilitate enrollment in the Lifeline program and the Affordable Connectivity Program. (These programs subsidize telecommunications services for eligible, low-income individuals and households.) Specifically, the Federal Communications Commission (FCC) must award competitive grants to states, territories, or tribes for informing Medicaid enrollees, recipients of Supplemental Nutrition Assistance Program benefits, and other low-income individuals about their potential eligibility for the programs. The FCC must also award grants to states, territories, and tribes to facilitate data sharing for verifying eligibility for the programs. Recipients must use the grants to establish or maintain connections between (1) their databases that contain information about residents who receive benefits administered by the recipient, and (2) the National Lifeline Eligibility Verifier (a centralized system that verifies and annually recertifies Lifeline applicants' eligibility for the program).

118 S3024 IS: Promoting Access to Broadband Act of 2023 U.S. Senate 2023-10-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3024 IN THE SENATE OF THE UNITED STATES October 4, 2023 Mr. Durbin Mr. Blumenthal Mr. Markey Mr. Welch Mr. Padilla Ms. Duckworth Ms. Klobuchar Committee on Commerce, Science, and Transportation A BILL To direct the Federal Communications Commission to establish a program to make grants available to States to inform Medicaid enrollees, SNAP participants, and low-income residents of potential eligibility for the Affordable Connectivity and Lifeline programs of the Commission, and for other purposes. 1. Short title This Act may be cited as the Promoting Access to Broadband Act of 2023 2. Affordable Connectivity and Lifeline enrollment outreach grants (a) Definitions In this section: (1) Commission The term Commission (2) Covered individuals The term covered individuals (A) Medicaid enrollees; (B) SNAP participants; and (C) low-income residents. (3) Covered program The term covered program (A) the Affordable Connectivity Program established under section 904(b) of division N of the Consolidated Appropriations Act, 2021 ( 47 U.S.C. 1752(b) (B) the Lifeline program established under subpart E of part 54 of title 47, Code of Federal Regulations, or any successor regulation. (4) Eligible-but-not-enrolled The term eligible-but-not-enrolled (5) Indian Tribe The term Indian Tribe Indian tribe 25 U.S.C. 4103 (6) Low-income The term low-income (7) Medicaid enrollee The term Medicaid enrollee 42 U.S.C. 1396 et seq. (8) Reach The term reach (9) SNAP participant The term SNAP participant 7 U.S.C. 2011 et seq. (10) State The term State (b) Establishment The Commission shall establish a competitive program to make grants available to States to inform covered individuals of potential eligibility for a covered program. (c) Application (1) In general The Commission may only award a grant under this section to a State that submits an application at such time, in such form, and with such information and assurances as the Commission may require. (2) Matters required to be included An application submitted by a State under paragraph (1) shall include— (A) the number of covered individuals in the State; (B) a plan for the activities that the State will conduct using grant funds, including a list of each agency within the State that will assist in carrying out those activities; and (C) an estimate of the percentage of eligible-but-not-enrolled individuals in the State who will be reached by those activities. (d) Selection (1) Minimum of 5 States The Commission shall award grants under this section to not fewer than 5 States. (2) Factors for consideration In awarding grants under this section, the Commission shall give favorable consideration— (A) to States that have higher numbers of covered individuals; and (B) to States proposing, in the plans submitted under subsection (c)(2)(B), to conduct activities that have the potential to reach higher percentages of eligible-but-not-enrolled individuals in those States, as determined by the Commission, taking into consideration the estimates submitted under subsection (c)(2)(C). (3) Geographic diversity In awarding grants under this section, the Commission shall, to the maximum extent practicable, select States from different geographic regions of the United States. (e) Use of funds (1) In general A State that receives a grant under this section shall use grant funds, in accordance with the plan included in the application of the State under subsection (c)(2)(B), to— (A) inform covered individuals and organizations or agencies that serve those individuals, as the case may be under the terms of the grant awarded to the State, of potential eligibility for a covered program; (B) provide those covered individuals with information about covered programs, including— (i) how to apply for a covered program; and (ii) a description of the prohibition on more than 1 subscriber in each household receiving a service provided under a covered program; and (C) partner with nonprofit and community-based organizations to provide those covered individuals with assistance applying for a covered program and information about product and technology choices. (2) Multiple State agencies A State that receives a grant under this section may provide grant funds to 1 or more agencies located within the State, as identified under subsection (c)(2)(B), to carry out the activities under the grant. (f) Outreach to States regarding grant program Before accepting applications for the grant program established under this section, the Commission shall conduct outreach to States to ensure that States are aware of the grant program and how to apply for a grant under the grant program. (g) Regulations required Not later than 30 days after the date of enactment of this Act, the Commission shall promulgate regulations to implement this section. (h) Enforcement A violation of this section or a regulation promulgated under this section shall be treated as a violation of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. (i) Exemptions (1) Certain rulemaking requirements Section 553 of title 5, United States Code, shall not apply to a regulation promulgated under this section or a rulemaking proceeding to promulgate such a regulation. (2) Paperwork Reduction Act requirements A collection of information conducted or sponsored under the regulations required under this section shall not constitute a collection of information for the purposes of subchapter I of chapter 35 Paperwork Reduction Act (j) Report to Congress (1) In general Not later than 3 years after establishing the grant program under this section, the Commission shall submit to Congress a report evaluating the effectiveness of the grant program. (2) Contents The report submitted under paragraph (1) shall include— (A) the number of individuals notified of covered program eligibility by States receiving grants under this section; (B) the number of new applicants to a covered program from States receiving grants under this section, including the number of those applicants who enrolled in a covered program; and (C) the cost-effectiveness of the grant program established under this section. (k) Authorization of appropriations There is authorized to be appropriated to the Commission such sums as may be necessary to carry out this section for the first 5 full fiscal years beginning after the establishment of the grant program under this section. 3. Grants to States to strengthen National Lifeline Eligibility Verifier (a) Definitions In this section: (1) Commission The term Commission (2) Eligible entity The term eligible entity (3) State The term State (b) Establishment Not later than 90 days after the date of enactment of this Act, the Commission shall establish a program to provide a grant, from amounts appropriated under subsection (e), to each eligible entity for the purpose described in subsection (c). (c) Purpose The Commission shall make a grant to each eligible entity for the purpose of establishing, renewing, reestablishing, or maintaining or amending a connection between the databases of the eligible entity that contain information concerning the receipt by a household, or a member of a household, of benefits under a program administered by the eligible entity (including any benefit provided under the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. (1) is reflected in the National Lifeline Eligibility Verifier; and (2) can be used to verify eligibility for— (A) the Lifeline program established under subpart E, part 54, of title 47, Code of Federal Regulations, or any successor regulation; and (B) the Affordable Connectivity Program established under section 904(b) of division N of the Consolidated Appropriations Act, 2021 ( 47 U.S.C. 1752(b) (d) Disbursement of grant funds Not later than 120 days after the date on which the Commission establishes the program under subsection (b), funds provided under each grant made under such subsection shall be disbursed to the eligible entity receiving such grant. (e) Authorization of appropriation There is authorized to be appropriated such sums as may be necessary to carry out this section.

Promoting Access to Broadband Act of 2023

Presidential Budget Accountability Act This bill restricts the use of federal funds for presidential travel if the President's budget is not submitted to Congress by the first Monday in February as required by law. Specifically, if the President's budget is not submitted to Congress on or before the first Monday in February of a year, federal funds may not be used for the cost of travel by the President during the period beginning on the first Tuesday of February of that year and ending on the date the budget is submitted. For the purposes of this bill, federal funds includes funds provided for the expense allowance of the President, travel expenses of the President, entertainment expenses of the President, and subsistence expenses in connection with the travel of the President.

118 S303 IS: Presidential Budget Accountability Act U.S. Senate 2023-02-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 303 IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Marshall Committee on Homeland Security and Governmental Affairs A BILL To amend title 31, United States Code, to limit the use of Federal funds for travel by the President if the President’s annual budget submission to Congress is late, and for other purposes. 1. Short title This Act may be cited as the Presidential Budget Accountability Act 2. Limitation on use of Federal funds for presidential travel expenses if President’s budget is late Section 1105 of title 31, United States Code, is amended by adding at the end the following: (j) (1) If the budget under subsection (a) is not submitted to Congress on or before the first Monday in February of a year, no Federal funds may be obligated or expended for the cost of travel by the President during the period beginning on the first Tuesday of February of such year and ending on the date the budget is submitted. (2) For purposes of this subsection, the term Federal funds (A) the expense allowance of the President under section 102 of title 3; (B) travel expenses of the President under section 103 of title 3; (C) entertainment expenses of the President under section 105(d)(3) of title 3; and (D) subsistence expenses in connection with the travel of the President in section 105(d)(4) of title 3. .

Presidential Budget Accountability Act

Federal Kratom Consumer Protection Act This bill requires the Food and Drug Administration (FDA) to hold a hearing and establish a task force on the health and safety of products with kratom (an herbal substance that produces opioid- and stimulant-like effects). It also prohibits the FDA from regulating kratom products in a manner that is more restrictive as compared to regulations for food, dietary supplements, or dietary ingredients.

118 S3039 IS: Federal Kratom Consumer Protection Act U.S. Senate 2023-10-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3039 IN THE SENATE OF THE UNITED STATES October 4, 2023 Mr. Lee Committee on Health, Education, Labor, and Pensions A BILL To protect access to kratom. 1. Short title This Act may be cited as the Federal Kratom Consumer Protection Act 2. Access to kratom (a) Openness in research (1) In general During the period that begins 30 days after the date of enactment of this Act and ends 90 days after such date of enactment, the Secretary, acting through the Commissioner, shall hold at least one hearing that provides an open forum for the discussion on the current scientific data and information about safety and use of products containing kratom or kratom-derived products marketed as a food, dietary ingredient, or dietary supplement. (2) Hearing requirements The hearing under paragraph (1) shall— (A) include input from leading scientific researchers on kratom and kratom-derived products; and (B) consider— (i) how many individuals in the United States consume kratom and kratom-derived products; (ii) the scope, scale, and degree of dependence or addiction associated with kratom, mitragynine, and 7–hydroxymitragynine; (iii) the causality of deaths in which kratom or kratom-derived products are associated, including instances in which— (I) a kratom-containing product or kratom-derived product was consumed together with legal or illegal drugs; or (II) the kratom-containing product or kratom-derived product consumed was contaminated with a different non-drug adulterant known to endanger health; (iv) whether use of kratom or kratom-derived products is directly linked to the use of more dangerous scheduled substances; (v) any adverse health impacts that could be expected if kratom or kratom-derived were no longer available; and (vi) the potential health and wellness benefits of kratom and kratom-derived products. (3) Public docket Not later than 30 days after the date of enactment of this Act, the Secretary shall open a public docket for submission of public comments for consideration at the hearing under paragraph (1). The Secretary shall leave such public docket open for comments for not fewer than 30 days before the hearing takes place. (4) Publication of information The Secretary shall publish on the website of the Food and Drug Administration the transcripts of all hearings conducted pursuant to paragraph (1), subject to section 552(b) of title 5, United States Code. (b) Task force (1) Establishment Not later than 30 days after the date of enactment of this Act, the Secretary shall convene a task force, to be known as the Kratom Research Task Force (2) Reports on kratom research (A) Initial report Not later than 90 days after the date of enactment of this Act, the Kratom Research Task Force shall submit to Congress, the Secretary, and the Commissioner a report that details all federally funded, kratom-related research that has begun or been completed prior to such date of enactment. (B) Subsequent quarterly reports Not later than 90 days after submission of the report under subparagraph (A), and quarterly thereafter, the Kratom Research Task Force shall submit to Congress, the Secretary, and the Commissioner a report that includes— (i) a progress report on all federally-funded kratom-related research and findings made during the applicable quarter; and (ii) an analysis of the results of all such research. (3) Public meetings The Kratom Research Task Force shall convene public meetings with appropriate experts and stakeholders to increase public awareness concerning the current state of kratom-related research. (4) Publicly available information The Secretary shall— (A) publish the report submitted under paragraph (2)(A) on the website of the Food and Drug Administration; and (B) update such website in accordance with the quarterly reports submitted under paragraph (2)(B), upon receipt of each such report. (5) Termination of task force On the date that is 2 years after the initial report is submitted by the Kratom Research Task Force under paragraph (2)(A), such task force shall be terminated. (c) Protection of kratom from current regulations The Secretary shall not— (1) impose requirements on kratom or kratom-derived products that are more restrictive than the requirements for food, dietary supplements, and dietary ingredients that apply under The Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. (2) treat kratom, or any product derived from or containing kratom, as an adulterated dietary supplement— (A) for containing a new dietary ingredient as described in subparagraph (B) of section 402(f)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 342(f)(1) (B) pursuant to subparagraph (C) of such section 402(f)(1); or (3) require kratom to undergo requirements for notification as a new dietary ingredient under section 413 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350b (d) Protection from future administrative action (1) In general Any rulemaking the Secretary initiates to regulate kratom shall— (A) comply with formal rulemaking requirements under section 552(a) of title 5, United States Code; and (B) require public, in-person hearings. (2) Publication of information The Secretary shall publish on the website of the Food and Drug Administration the transcripts of all hearings conducted pursuant to paragraph (1)(B), subject to section 552(b) of title 5, United States Code. (e) Import alert requirements The Secretary may not issue, implement, or enforce an import alert for a kratom or kratom-derived product unless the Secretary determines that there is a history of such kratom or kratom-derived product being adulterated as described in section 402(f)(1)(A) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 342(f)(1)(A) (f) Nonpreemption Nothing in this section shall preempt any State law. (g) Definitions In this section: (1) Secretary The term Secretary (2) Commissioner The term Commissioner (3) Dietary supplement The term dietary supplement 21 U.S.C. 321(ff) (4) Dietary ingredient The term dietary ingredient 21 U.S.C. 321(ff)(1) (5) Food The term food 21 U.S.C. 321(f) (6) Kratom – The term kratom (7) New dietary ingredient The term new dietary ingredient 21 U.S.C. 350b(d)

Federal Kratom Consumer Protection Act

Natural Disaster Tax Relief Act of 2023 This bill sets forth tax relief provisions for individual taxpayers for losses resulting from a major disaster occurring in 2023. Specifically, the bill allows penalty-free disaster-relief withdrawals from tax-exempt retirement plans up to $100,000, permits recontributions of such withdrawals for home purchases or construction cancelled due to the disaster, increases to $100,000 the limit on loans for disaster assistance from retirement plans, and enhances the tax deduction for disaster-related personal casualty losses.

118 S3043 IS: Natural Disaster Tax Relief Act of 2023 U.S. Senate 2023-10-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3043 IN THE SENATE OF THE UNITED STATES October 16, 2023 Ms. Hirono Mr. Schatz Committee on Finance A BILL To provide special rules for retirement accounts and personal casualty losses with respect to certain major disasters occurring in 2023. 1. Short title This Act may be cited as the Natural Disaster Tax Relief Act of 2023 2. Definitions For purposes of this Act— (1) Qualified disaster area The term qualified disaster area (2) Qualified disaster The term qualified disaster (3) Incident period The term incident period 3. Special disaster-related rules for use of retirement funds (a) Tax-Favored withdrawals from retirement plans (1) In general Section 72(t) (2) Aggregate dollar limitation (A) In general For purposes of this subsection, the aggregate amount of distributions received by an individual which may be treated as qualified disaster distributions for any taxable year shall not exceed the excess (if any) of— (i) $100,000, over (ii) the aggregate amounts treated as qualified disaster distributions received by such individual for all prior taxable years. (B) Treatment of plan distributions If a distribution to an individual would (without regard to subparagraph (A)) be a qualified disaster distribution, a plan shall not be treated as violating any requirement of the Internal Revenue Code of 1986 merely because the plan treats such distribution as a qualified disaster distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $100,000. (C) Controlled group For purposes of subparagraph (B), the term controlled group section 414 (D) Special rule for individuals affected by more than one disaster The limitation of subparagraph (A) shall be applied separately with respect to distributions made with respect to each qualified disaster. (3) Amount distributed may be repaid (A) In general Any individual who receives a qualified disaster distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make 1 or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), of the Internal Revenue Code of 1986, as the case may be. (B) Treatment of repayments of distributions from eligible retirement plans other than IRAs For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) with respect to a qualified disaster distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified disaster distribution in an eligible rollover distribution (as defined in section 402(c)(4) of such Code) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (C) Treatment of repayments of distributions from IRAs For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) with respect to a qualified disaster distribution from an individual retirement plan (as defined by section 7701(a)(37) of such Code), then, to the extent of the amount of the contribution, the qualified disaster distribution shall be treated as a distribution described in section 408(d)(3) of such Code and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (4) Definitions For purposes of this subsection— (A) Qualified disaster distribution Except as provided in paragraph (2), the term qualified disaster distribution (i) on or after the first day of the incident period of a qualified disaster and before July 1, 2024, and (ii) to an individual whose principal place of abode at any time during the incident period of such qualified disaster is located in the qualified disaster area with respect to such qualified disaster and who has sustained an economic loss by reason of such qualified disaster. (B) Eligible retirement plan The term eligible retirement plan section 402(c)(8)(B) (5) Income inclusion spread over 3-year period (A) In general In the case of any qualified disaster distribution, unless the taxpayer elects not to have this paragraph apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 3-taxable-year period beginning with such taxable year. (B) Special rule For purposes of subparagraph (A), rules similar to the rules of subparagraph (E) of section 408A(d)(3) (6) Special rules (A) Exemption of distributions from trustee to trustee transfer and withholding rules For purposes of sections 401(a)(31), 402(f), and 3405 of the Internal Revenue Code of 1986, qualified disaster distributions shall not be treated as eligible rollover distributions. (B) Qualified disaster distributions treated as meeting plan distribution requirements For purposes of the Internal Revenue Code of 1986, a qualified disaster distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A) of such Code and section 8433(h)(1) of title 5, United States Code, and, in the case of a money purchase pension plan, a qualified disaster distribution which is an in-service withdrawal shall be treated as meeting the distribution rules of section 401(a) of such Code. (b) Recontributions of withdrawals for home purchases (1) Recontributions (A) In general Any individual who received a qualified distribution may, during the applicable period, make 1 or more contributions in an aggregate amount not to exceed the amount of such qualified distribution to an eligible retirement plan (as defined in section 402(c)(8)(B) (B) Treatment of repayments Rules similar to the rules of subparagraphs (B) and (C) of subsection (a)(3) shall apply for purposes of this subsection. (2) Qualified distribution For purposes of this subsection, the term qualified distribution (A) described in section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(i)(V), 403(b)(11)(B), or 72(t)(2)(F), of the Internal Revenue Code of 1986, (B) which was to be used to purchase or construct a principal residence in a qualified disaster area, but which was not so used on account of the qualified disaster with respect to such area, and (C) which was received during the period beginning on the date which is 180 days before the first day of the incident period of such qualified disaster and ending on the date which is 30 days after the last day of such incident period. (3) Applicable period For purposes of this subsection, the term applicable period (c) Loans from qualified plans (1) Increase in limit on loans not treated as distributions In the case of any loan from a qualified employer plan (as defined under section 72(p)(4) (A) clause (i) of section 72(p)(2)(A) of such Code shall be applied by substituting $100,000 $50,000 (B) clause (ii) of such section shall be applied by substituting the present value of the nonforfeitable accrued benefit of the employee under the plan one-half of the present value of the nonforfeitable accrued benefit of the employee under the plan (2) Delay of repayment In the case of a qualified individual (with respect to any qualified disaster) with an outstanding loan (on or after the first day of the incident period of such qualified disaster) from a qualified employer plan (as defined in section 72(p)(4) (A) if the due date pursuant to subparagraph (B) or (C) of section 72(p)(2) of such Code for any repayment with respect to such loan occurs during the period beginning on the first day of the incident period of such qualified disaster and ending on the date which is 180 days after the last day of such incident period, such due date shall be delayed for 1 year (or, if later, until June 30, 2024), (B) any subsequent repayments with respect to any such loan shall be appropriately adjusted to reflect the delay in the due date under subparagraph (A) and any interest accruing during such delay, and (C) in determining the 5-year period and the term of a loan under subparagraph (B) or (C) of section 72(p)(2) of such Code, the period described in subparagraph (A) of this paragraph shall be disregarded. (3) Qualified individual For purposes of this subsection, the term qualified individual (A) whose principal place of abode at any time during the incident period of any qualified disaster is located in the qualified disaster area with respect to such qualified disaster, and (B) who has sustained an economic loss by reason of such qualified disaster. (d) Provisions relating to plan amendments (1) In general If this subsection applies to any amendment to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). (2) Amendments to which subsection applies (A) In general This subsection shall apply to any amendment to any plan or annuity contract which is made— (i) pursuant to any provision of this section, or pursuant to any regulation issued by the Secretary or the Secretary of Labor under any provision of this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2024, or such later date as the Secretary may prescribe. In the case of a governmental plan (as defined in section 414(d) (B) Conditions This subsection shall not apply to any amendment unless— (i) during the period— (I) beginning on the date that this section or the regulation described in subparagraph (A)(i) takes effect (or in the case of a plan or contract amendment not required by this section or such regulation, the effective date specified by the plan), and (II) ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect, and (ii) such plan or contract amendment applies retroactively for such period. 4. Special rules for qualified disaster-related personal casualty losses (a) In general If an individual has a net disaster loss for any taxable year— (1) the amount determined under section 165(h)(2)(A)(ii) (A) such net disaster loss, and (B) 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, (2) in the case of qualified disaster-related personal casualty losses, section 165(h)(1) of such Code shall be applied to by substituting $500 $500 ($100 for taxable years beginning after December 31, 2009) (3) the standard deduction determined under section 63(c) of such Code shall be increased by the net disaster loss, and (4) 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. (b) Net disaster loss For purposes of this subsection, the term net disaster loss section 165(h)(3)(A) (c) Qualified disaster-Related personal casualty losses For purposes of this subsection, the term qualified disaster-related personal casualty losses section 165(c)(3)

Natural Disaster Tax Relief Act of 2023

Preempting Misguided Appeasement and Financing of Destabilizing Regimes Act of 2023 This bill prohibits the importation of crude oil, petroleum, petroleum products, and liquefied natural gas from Venezuela and Iran. The prohibition does not apply to those products seized by the U.S. government for violations of sanctions.

118 S3053 IS: Preempting Misguided Appeasement and Financing of Destabilizing Regimes Act of 2023 U.S. Senate 2023-10-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3053 IN THE SENATE OF THE UNITED STATES October 17, 2023 Mr. Rubio Mr. Daines Mr. Cramer Mr. Marshall Mr. Tillis Mr. Hoeven Mr. Scott of Florida Mr. Lankford Committee on Finance A BILL To prohibit the importation of crude oil, petroleum, petroleum products, and liquefied natural gas from Venezuela and Iran. 1. Short title This Act may be cited as the Preempting Misguided Appeasement and Financing of Destabilizing Regimes Act of 2023 2. Prohibition on importation of crude oil, petroleum, petroleum products, and liquefied natural gas from Venezuela and Iran (a) Finding Congress makes the following findings: (1) Article XXI of the General Agreement on Tariffs and Trade provides for security exceptions to the rules of the World Trade Organization to allow a member of the World Trade Organization to take actions necessary for the protection of its essential security interests time of war or other emergency in international relations to prevent any contracting party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security (2) The actions of the Bolivarian Republic of Venezuela and the Islamic Republic of Iran to finance and facilitate the participation of foreign terrorist organizations in ongoing conflicts and illicit activities, in a manner that is detrimental to the security interests of the United States, warrants taking action under that Article. (b) Prohibition The importation of crude oil, petroleum, petroleum products, and liquefied natural gas from Venezuela and Iran is prohibited. (c) Exception The prohibition under subsection (b) does not apply with respect to crude oil, petroleum, petroleum products, or liquefied natural gas seized by the United States Government for violations of sanctions imposed by the United States. (d) Effective date The prohibition under subsection (b) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 15 days after the date of the enactment of this Act.

Preempting Misguided Appeasement and Financing of Destabilizing Regimes Act of 2023

United Negro College Fund, Inc. Congressional Gold Medal Act This bill provides for the award of a Congressional Gold Medal to the United Negro College Fund, Inc. and its member institutions in recognition of its 80th anniversary.

118 S3058 IS: United Negro College Fund, Inc. Congressional Gold Medal Act U.S. Senate 2023-10-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3058 IN THE SENATE OF THE UNITED STATES October 17, 2023 Mr. Scott of South Carolina Mr. Young Mrs. Britt Committee on Banking, Housing, and Urban Affairs A BILL To award a congressional gold medal to the United Negro College Fund, Inc. and the institutions that make up its membership on the occasion of its 80th year of existence. 1. Short title This Act may be cited as the United Negro College Fund, Inc. Congressional Gold Medal Act 2. Findings Congress finds the following: (1) Historically Black Colleges and Universities (referred to in this Act as HBCUs (2) HBCUs initially educated the progeny of slaves, and the graduates of those institutions have been impactful as 80 percent of all African-American judges, 80 percent of all African-American doctors and dentists, 50 percent of all African-American lawyers, 50 percent of all African-American professors, 50 percent of all African-American public school teachers, 40 percent of all African-American Members of Congress, and 40 percent of all African-American engineers, while educating only 10 percent of all African-American students in higher education. (3) According to a United Negro College Fund, Inc. (referred to in this Act as the UNCF (4) The UNCF, established in 1944, is the premiere fundraising and scholarship organization in assistance of HBCUs and African-American students. (5) In its 80 years of existence, the UNCF has raised over 7,000,000,000 in private donations for HBCUs and African-American students. (6) On an annual basis, the UNCF awards $100,000,000 in scholarships to 10,000 students at hundreds of colleges and universities. (7) UNCF also provides grants to its members, which include: Miles College, Oakwood University, Stillman College, Talladega College, Tuskegee University, Philander Smith College, Bethune-Cookman University, Edward Waters University, Florida Memorial University, Clark Atlanta University, Interdominational Theological Center, Morehouse College, Paine College, Spelman College, Dillard University, Xavier University of Louisiana, Rust College, Tougaloo College, Bennett College, Johnson C. Smith University, Livingstone College, Saint Augustine University, Shaw University, Wilberforce University, Allen University, Benedict College, Claflin University, Morris College, Voorhees College, Fisk University, Lane College, Huston-Tillotson University, Jarvis Christian College, Texas College, Wiley College, and Virginia Union University. The fundraising efforts of the UNCF also positively impact each HBCU and African-American student at many non-HBCU institutions. (8) The iconic motto of the UNCF, A Mind is Terrible Thing to Waste 3. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to the UNCF and the institutions that make up its membership. (b) Design and striking For purposes of the presentation described in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. 5. Sense of Congress It is the sense of the Congress that the United States Mint should expedite production of the gold medal and duplicate medals under this Act, so that the UNCF and its member-institutions can be recognized in a timely manner for its 80th anniversary. 6. Status of medals (a) National medals The medals struck under this Act are national medals for purposes of chapter 51 (b) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 7. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.

United Negro College Fund, Inc. Congressional Gold Medal Act

Tule River Tribe Reserved Water Rights Settlement Act of 2023 This bill recognizes and settles the water rights of the Tule River Indian Tribe of the Tule River Reservation in California. It also establishes and provides funding for a settlement trust fund. Specifically, the bill authorizes, ratifies, and confirms a specified water rights settlement agreement entered into by the tribe, the South Tule Independent Ditch Company, and the Tule River Association, thus satisfying claims to water rights in California. Additionally, the bill outlines the tribe's water rights, including the right to divert and use 5,828 acre-feet of water per year from the South Fork Tule River. Next, the bill establishes and provides funding for the Tule River Indian Tribe Settlement Trust Fund. Amounts deposited in this trust fund shall be made available to the tribe for water development projects. The bill also transfers specified lands, including a portion of federal lands in the Sequoia National Forest, into trust for the benefit of the tribe. The bill outlines waivers, releases, and retentions of claims by the tribe and the United States under the settlement agreement.

118 S306 IS: Tule River Tribe Reserved Water Rights Settlement Act of 2023 U.S. Senate 2023-02-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 306 IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Padilla Mrs. Feinstein Committee on Indian Affairs A BILL To approve the settlement of the water right claims of the Tule River Tribe, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Tule River Tribe Reserved Water Rights Settlement Act of 2023 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Ratification of 2007 Agreement. Sec. 5. Tribal Water Right. Sec. 6. Tule River Tribe trust accounts. Sec. 7. Funding. Sec. 8. Transfer of land into trust. Sec. 9. Satisfaction of claims. Sec. 10. Waivers and releases of claims. Sec. 11. Enforceability Date. Sec. 12. Binding effect; judicial approval; enforceability. Sec. 13. Miscellaneous provisions. Sec. 14. Antideficiency. 2. Purposes The purposes of this Act are— (1) to achieve a fair, equitable, and final settlement of claims to water rights in the State of California for— (A) the Tule River Tribe; and (B) the United States, acting as trustee for the Tribe; (2) to authorize, ratify, and confirm the 2007 Agreement entered by the Tribe, the South Tule Independent Ditch Company, and the Tule River Association, to the extent that the 2007 Agreement is consistent with this Act; (3) to authorize and direct the Secretary— (A) to execute the 2007 Agreement, with amendments to facilitate implementation and approval of the 2007 Agreement; and (B) to take any other actions necessary to carry out the 2007 Agreement in accordance with this Act; (4) to authorize funds necessary for the implementation of the 2007 Agreement and this Act; and (5) to authorize the transfer of certain lands to the Tribe, to be held in trust. 3. Definitions (a) In general In this Act: (1) 2007 Agreement The term 2007 Agreement (A) the agreement dated November 21, 2007, as amended on April 22, 2009, between the Tribe, the South Tule Independent Ditch Company, and the Tule River Association, and exhibits attached thereto; and (B) any amendment to the Agreement referred to in subparagraph (A) (including an amendment to any exhibit) that is executed in accordance with section 4(a)(2). (2) Court The term Court (3) Divert; diversion The terms divert diversion (4) Downstream water users The term Downstream Water Users (A) the Tule River Association and its successors and assigns; (B) the South Tule Independent Ditch Company and its successors and assigns; and (C) any and all other holders of water rights in the South Fork Tule River Basin. (5) Enforceability date The term Enforceability Date (6) OM&R (A) In general The term OM&R (B) Inclusions The term OM&R (i) any recurring or ongoing activity relating to the day-to-day operation of a project; (ii) any activity relating to scheduled or unscheduled maintenance of a project; and (iii) any activity relating to repairing or replacing a feature of a project. (7) Operation Rules The term Operation Rules (8) Parties The term Parties (9) Phase I Reservoir The term Phase I Reservoir (10) Reservation; Tule River Reservation The terms Reservation Tule River Reservation (11) Secretary The term Secretary (12) South Tule Independent Ditch Company The term South Tule Independent Ditch Company (13) Tribal Water Right The term Tribal Water Right (14) Tribe The term Tribe (15) Trust Fund The term Trust Fund (16) Tule River Association (A) In general The term Tule River Association (B) Inclusions The term Tule River Association (17) Water development project The term Water Development Project (b) Definitions of other terms Any other term used in this Act but not defined in subsection (a)— (1) has the meaning given the term in the 2007 Agreement; or (2) if no definition for the term is provided in the 2007 Agreement, shall be used in a manner consistent with its use in the 2007 Agreement. 4. Ratification of 2007 Agreement (a) Ratification (1) In general Except as modified by this Act and to the extent that the 2007 Agreement does not conflict with this Act, the 2007 Agreement is authorized, ratified, and confirmed. (2) Amendments (A) General amendments If an amendment to the 2007 Agreement, or to any exhibit attached to the 2007 Agreement requiring the signature of the Secretary, is executed in accordance with this Act to make the 2007 Agreement consistent with this Act, the amendment is authorized, ratified, and confirmed. (B) Specific amendments (i) Substitute sites If a substitute site for the Phase I Reservoir is identified by the Tribe pursuant to section 3.4.B.(2)(a) of the 2007 Agreement, then amendments related to the Operation Rules are authorized, ratified, and confirmed, to the extent that such Amendments are consistent with the 2007 Agreement and this Act. (ii) Priority date Amendments agreed to by the Parties to establish that the priority date for the Tribal Water Right is no later than January 9, 1873, is authorized, ratified, and confirmed. (iii) Senior water rights Amendments agreed to by the Parties to accommodate senior water rights of those Downstream Water Users described in section 3(a)(4)(C) are authorized, ratified, and confirmed, to the extent that the Court finds any such Downstream Water Users possess senior water rights that can be accommodated only by amendment of the 2007 Agreement. (iv) Other amendments Other amendments agreed to by the Parties to facilitate implementation and approval of the 2007 Agreement are authorized, ratified, and confirmed, to the extent that such amendments are otherwise consistent with this Act and with other applicable law. (b) Execution (1) In general To the extent the 2007 Agreement does not conflict with this Act, the Secretary shall execute the 2007 Agreement, in accordance with paragraph (2), including all exhibits to, or parts of, the 2007 Agreement requiring the signature of the Secretary. (2) Timing The Secretary shall not execute the 2007 Agreement until— (A) the Parties agree on amendments related to the priority date for the Tribal Water Right; and (B) either— (i) the Tribe moves forward with the Phase I Reservoir described in section 3.4.B.(1) of the 2007 Agreement; or (ii) if the Tribe selects a substitute site pursuant to section 3.4.B.(2) of the 2007 Agreement, either— (I) the Parties agree on Operation Rules; or (II) the Secretary determines, in the discretion of the Secretary, that the Parties have reached an impasse in attempting to negotiate the Operation Rules. (3) Modifications Nothing in this Act prohibits the Secretary, after execution of the 2007 Agreement, from approving any modification to the 2007 Agreement, including any exhibit to the 2007 Agreement, that is consistent with this Act, to the extent that the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes ( 25 U.S.C. 177 (c) Environmental compliance (1) In general In implementing the 2007 Agreement and this Act, the Secretary shall comply with all applicable provisions of— (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (C) other applicable Federal environmental laws and regulations. (2) Compliance (A) In general In implementing the 2007 Agreement and this Act, the Tribe shall prepare any necessary environmental documents, consistent with all applicable provisions of— (i) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (ii) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. (iii) all other applicable Federal environmental laws and regulations. (B) Authorizations The Secretary shall— (i) independently evaluate the documentation submitted under subparagraph (A); and (ii) be responsible for the accuracy, scope, and contents of that documentation. (3) Effect of execution The execution of the 2007 Agreement by the Secretary under this section shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (4) Costs Any costs associated with the performance of the compliance activities under this subsection shall be paid from funds deposited in the Trust Fund, subject to the condition that any costs associated with the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary. 5. Tribal Water Right (a) Confirmation of Tribal Water Right (1) In general The Tribal Water Right is ratified, confirmed, and declared valid. (2) Quantification The Tribal Water Right includes the right to divert and use or permit the diversion and use of up to 5,828 acre-feet per year of surface water from the South Fork Tule River, as described in the 2007 Agreement and as confirmed in the decree entered by the Court pursuant to subsections (b) and (c) of section 12. (3) Use Any diversion, use, and place of use of the Tribal Water Right shall be subject to the terms and conditions of the 2007 Agreement and this Act. (b) Trust status of Tribal Water Right The Tribal Water Right— (1) shall be held in trust by the United States for the use and benefit of the Tribe in accordance with this Act; and (2) shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. (c) Authority of the Tule River Tribe (1) In general The Tule River Tribe shall have the authority to allocate and distribute the Tribal Water Right for use on the Reservation in accordance with the 2007 Agreement, this Act, and applicable Federal law. (d) Administration (1) No alienation The Tribe shall not permanently alienate any portion of the Tribal Water Right. (2) Purchases or grants of land from indians An authorization provided by this Act for the allocation, distribution, leasing, or other arrangement entered into pursuant to this Act shall be considered to satisfy any requirement for authorization of the action by treaty or convention imposed by section 2116 of the Revised Statutes ( 25 U.S.C. 177 (3) Prohibition on forfeiture The non-use of all or any portion of the Tribal Water Right by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Tribal Water Right. 6. Tule River Tribe trust accounts (a) Establishment The Secretary shall establish a trust fund, to be known as the Tule River Indian Tribe Settlement Trust Fund (b) Accounts The Secretary shall establish in the Trust Fund the following Accounts: (1) The Tule River Tribe Water Development Projects Account. (2) The Tule River Tribe OM&R Account. (c) Deposits The Secretary shall deposit— (1) in the Tule River Tribe Water Development Projects Account established under subsection (b)(1), the amounts made available pursuant to section 7(a)(1); and (2) in the Tule River Tribe OM&R Account established under subsection (b)(2), the amounts made available pursuant to section 7(a)(2). (d) Management and interest (1) Management On receipt and deposit of funds into the accounts in the Trust Fund pursuant to subsection (c), the Secretary shall manage, invest, and distribute all amounts in the Trust Fund in accordance with the investment authority of the Secretary under— (A) the first section of the Act of June 24, 1938 (52 Stat. 1037, chapter 648; 25 U.S.C. 162a (B) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (C) this section. (2) Investment earnings In addition to the deposits under subsection (c), any investment earnings, including interest, credited to amounts held in the Trust Fund are authorized to be used in accordance with subsections (e) and (h). (e) Availability of amounts (1) In general Amounts appropriated to, and deposited in, the Trust Fund, including any investment earnings, including interest, shall be made available to the Tribe by the Secretary beginning on the Enforceability Date and subject to the requirements set forth in this section, except for funds to be made available to the Tribe pursuant to paragraph (2). (2) Use of certain funds Notwithstanding paragraph (1), $20,000,000 of the amounts deposited in the Tule River Tribe Water Development Projects Account shall be made available to conduct technical studies and related investigations regarding the Phase I Reservoir and to establish appropriate Operation Rules. (f) Withdrawals (1) Withdrawals under the American Indian Trust Fund Management Reform Act of 1994 (A) In general The Tribe may withdraw any portion of the amounts in the Trust Fund on approval by the Secretary of a Tribal management plan submitted by the Tribe in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (B) Requirements In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (C) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce the Tribal management plan under this paragraph to ensure that amounts withdrawn by the Tribe from the Trust Fund under this paragraph are used in accordance with this Act. (2) Withdrawals under expenditure plan (A) In general The Tribe may submit to the Secretary a request to withdraw amounts from the Trust Fund pursuant to an approved expenditure plan. (B) Requirements To be eligible to withdraw amounts under an expenditure plan under this paragraph, the Tribe shall submit to the Secretary an expenditure plan for any portion of the Trust Fund that the Tribe elects to withdraw pursuant to this subparagraph, subject to the condition that the amounts shall be used for the purposes described in this Act. (C) Inclusions An expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Trust Fund will be used by the Tribe in accordance with subsections (e) and (h). (D) Approval The Secretary shall approve an expenditure plan submitted under this paragraph if the Secretary determines that the plan— (i) is reasonable; and (ii) is consistent with, and will be used for, the purposes of this Act. (E) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this paragraph are used in accordance with this Act. (g) Effect of section Nothing in this section gives the Tribe the right to judicial review of a determination of the Secretary relating to whether to approve a Tribal management plan under subsection (f)(1) or an expenditure plan under subsection (f)(2) except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act (h) Uses Amounts from the Trust Fund may only be used by the Tribe for the following purposes: (1) The Tule River Tribe Water Development Projects Account may only be used to plan, design, and construct Water Development Projects on the Tule River Reservation, and for the conduct of related activities, including for environmental compliance in the development and construction of projects under this Act. (2) The Tule River Tribe OM&R Account may only be used for the OM&R of Water Development Projects. (i) Liability The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Trust Fund by the Tribe under paragraphs (1) and (2) of subsection (f). (j) Title to infrastructure Title to, control over, and operation of any project constructed using funds from the Trust Fund shall remain in the Tribe. (k) Operation, maintenance, & replacement All OM&R costs of any project constructed using funds from the Trust Fund shall be the responsibility of the Tribe. (l) No per capita distributions No portion of the Trust Fund shall be distributed on a per capita basis to any member of the Tribe. (m) Expenditure report The Tule River Tribe shall annually submit to the Secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan under this Act. 7. Funding (a) Funding Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary— (1) for deposit in the Tule River Tribe Water Development Projects Account $518,000,000, to be available until expended, withdrawn, or reverted to the general fund of the Treasury; and (2) for deposit in the Tule River Tribe OM&R Account $50,000,000, to be available until expended, withdrawn, or reverted to the general fund of the Treasury. (b) Fluctuation in costs (1) In general The amounts authorized to be appropriated under subsection (a) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after November 1, 2020, as indicated by the Bureau of Reclamation Construction Cost Index—Composite Trend. (2) Construction costs adjustment The amounts authorized to be appropriated under subsection (a) shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved. (3) Repetition The adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated. (4) Period of indexing The period of indexing adjustment under this subsection for any increment of funding shall end on the date on which the funds are deposited into the Trust Fund. 8. Transfer of land into trust (a) Transfer of land to trust (1) In general Subject to valid existing rights, and the requirements of this subsection, all right, title, and interest of the United States in and to the land described in paragraph (2) shall be held in trust by the United States for the benefit of the Tribe as part of the Reservation upon the Enforceability Date, provided that the Tribal fee land described in paragraph (2)(C)— (A) is free from any liens, encumbrances, or other infirmities; and (B) has no existing evidence of any hazardous substances or other environmental liability. (2) Lands to be held in trust The land referred to in paragraph (1) is the following: (A) Bureau of Land Management lands (i) Approximately 26.15 acres of land located in T. 22 S., R. 29 E., sec. 35, Lot 9. (ii) Approximately 85.50 acres of land located in T. 22 S., R. 29 E., sec. 35, Lots 6 and 7. (iii) Approximately 38.77 acres of land located in— (I) T. 22 S., R. 30 E., sec. 30, Lot 1; and (II) T. 22 S., R. 30 E., sec. 31, Lots 6 and 7. (iv) Approximately 154.9 acres of land located in T. 22 S., R. 30 E., sec. 34, N 1/4 1/4 1/4 1/4 (v) Approximately 40.00 acres of land located in T. 22 S., R. 30 E., sec. 34, NE 1/4 1/4 (vi) Approximately 375.17 acres of land located in— (I) T. 22 S., R. 30 E., sec. 35, S 1/2 1/4 1/2 1/4 1/4 1/4 (II) T. 23 S., R. 30 E., sec. 2, S 1/2 1/4 (vii) Approximately 60.43 acres of land located in— (I) T. 22 S., R. 30 E., sec. 35, SW 1/4 1/4 (II) T. 23 S., R. 30 E., sec. 2, Lot 9. (viii) Approximately 15.48 acres of land located in T. 21 S., R. 30 E., sec. 31 in that portion of the NW 1/4 (ix) Approximately 29.26 acres of land located in T. 21 S., R. 30 E., sec. 31, Lot 7. (B) Forest Service lands Approximately 9,037 acres of land comprising the headwaters area of the South Fork Tule River watershed located east of and adjacent to the Tule River Indian Reservation, and more particularly described as follows: (i) Commencing at the northeast corner of the Tule River Indian Reservation in T. 21 S., R. 31 E., sec. 16, Mount Diablo Base and Meridian, running thence east and then southeast along the ridge of mountains dividing the waters of the South Fork of the Tule River and Middle Fork of the Tule River, continuing south and then southwest along the ridge of mountains dividing the waters of the South Fork of the Tule River and the Upper Kern River until intersecting with the southeast corner of the Tule River Indian Reservation in T. 22 S., R. 31 E., sec. 28, thence from such point north along the eastern boundary of the Tule River Indian Reservation to the place of beginning. (ii) The area encompasses— (I) all of secs. 22, 23, 26, 27, 34, 35, and portions of secs. 13, 14, 15, 16, 21, 24, 25, 28, 33, and 36, in T. 21 S., R. 31 E.; and (II) all of secs. 3 and 10, and portions of secs. 1, 2, 4, 9, 11, 14, 15, 16, 21, 22, 27, and 28, in T. 22 S., R. 31 E. (C) Tribally owned fee lands (i) Approximately 300 acres of land known as the McCarthy Ranch and more particularly described as follows: (I) The SW 1/4 1/4 (II) An easement over and across that portion of the SW 1/4 (aa) Beginning at the intersection of the west line of the SW 1/4 (AA) maintaining thereon an irrigation ditch between the headgate of the King Ditch situated on such land and the SW 1/4 1/4 (BB) conveying therethrough water from the South Fork of the Tule River to the SW 1/4 1/4 (bb) The easement described in item (aa) shall follow the existing route of the King Ditch. (ii) Approximately 640 acres of land known as the Pierson/Diaz property in T. 22 S., R. 29 E., sec. 16, Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof. (iii) Approximately 375.44 acres of land known as the Hyder property and more particularly described as follows: (I) That portion of the S 1/2 (II) The NW 1/4 (III) The south 1200 feet of the NW 1/4 (iv) Approximately 157.22 acres of land situated in the unincorporated area of the County of Tulare, State of California, known as the Trailor property, and more particularly described as follows: The SW 1/4 (v) Approximately 89.45 acres of land known as the Tomato Patch in that portion of the SE 1/4 1/4 1/4 1/4 (I) a strip of land 25 feet in width along the northerly and east sides and used as a County Road; and (II) an undivided one-half interest in all oil, gas, and minerals in and under such lands, as reserved in the Deed from Bank of America, a corporation, dated August 14, 1935, filed for record August 28, 1935, Fee Book 11904. (vi) Approximately 160 acres of land known as the Smith Mill in the NW 1/4 1/4 1/2 1/4 1/4 1/4 (vii) Approximately 35 acres of land located within the exterior boundaries of the Tule River Reservation known as the Highway 190 parcel, with the legal description as follows: That portion of T. 21 S., R. 29 E., sec. 19, Mount Diablo Base and Meridian, in the County of Tulare, Sate of California, according to the official plat thereof, and more particularly described as follows: Commencing at a point in the south line of the N 1/2 1/2 1/2 (viii) Approximately 61.91 acres of land located within the exterior boundaries of the Tule River Reservation known as the Shan King property, with the legal description as follows: (I) Parcel 1: Parcel No. 1 of parcel map no. 4028 in the County of Tulare, State of California, as per the map recorded in Book 41, page 32 of Tulare County Records. (II) (aa) Parcel 2: That portion of T. 21 S., R. 29 E., sec. 19, Mount Diablo Base and Meridian, in the County of Tulare, State of California, described as follows: Commencing at a point in the south line of the N 1/2 1/2 1/2 (bb) The property described in item (aa) is subject to a 100 foot minimum building setback from the right-of-way of Highway 190. (III) Parcel 3: That portion of T. 21 S., R. 29 E., sec. 19, Mount Diablo Base and Meridian, County of Tulare, State of California, described as follows: Beginning at a point in the south line of the N 1/2 1/2 1/2 3/4 (ix) Approximately 18.44 acres of land located within the exterior boundaries of the Tule River Reservation known as the Parking Lot 4 parcel with the legal description as follows: That portion of the land described in that Grant Deed to Tule River Indian Tribe, recorded June 1, 2010, as document number 2010–0032879, Tulare County Official Records, lying within the following described parcel: beginning at a point on the east line of the NW 1/4 1/4 1/4 1/4 1/4 (b) Terms and conditions (1) Existing authorizations Any Federal land transferred under this section shall be conveyed and taken into trust subject to valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. The Bureau of Indian Affairs shall assume all benefits and obligations of the previous land management agency under such existing rights, contracts, leases, permits, or rights-of-way, and shall disburse to the Tribe any amounts that accrue to the United States from such rights, contracts, leases, permits, or rights-of-ways after the date of transfer from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the Tribe. (2) Improvements Any improvements constituting personal property, as defined by State law, belonging to the holder of a right, contract, lease, permit, or right-of-way on lands transferred under this section shall remain the property of the holder and shall be removed not later than 90 days after the date on which the right, contract, lease, permit, or right-of-way expires, unless the Tribe and the holder agree otherwise. Any such property remaining beyond the 90-day period shall become the property of the Tribe and shall be subject to removal and disposition at the Tribe’s discretion. The holder shall be liable for the costs the Tribe incurs in removing and disposing of the property. (c) Withdrawal of Federal lands (1) In general Subject to valid existing rights, effective on the date of enactment of this Act, all Federal lands within the parcels described in subsection (a)(2) are withdrawn from all forms of— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (2) Expiration The withdrawals pursuant to paragraph (1) shall terminate on the date that the Secretary takes the lands into trust for the benefit of the Tribe pursuant to subsection (a)(1). (d) Technical corrections Notwithstanding the descriptions of the parcels of land in subsection (a)(2), the United States may, with the consent of the Tribe, make technical corrections to the legal land descriptions to more specifically identify the parcels to be exchanged. (e) Survey (1) Unless the United States or the Tribe requests an additional survey for the transferred land or a technical correction is made under subsection (d), the description of land under this section shall be controlling. (2) If the United States or the Tribe requests an additional survey, that survey shall control the total acreage to be transferred into trust under this section. (3) The Secretary or the Secretary of Agriculture shall provide such assistance as may be appropriate— (A) to conduct additional surveys of the transferred land; and (B) to satisfy administrative requirements necessary to accomplish the land transfers under this section. (f) Date of transfer The Secretary shall issue trust deeds for all land transfers under this section by not later than 10 years after the Enforceability Date. (g) Restriction on gaming Lands taken into trust pursuant to this section shall not be considered to have been taken into trust for, nor eligible for, class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 (h) Status of water rights on transferred lands Any water rights associated with lands transferred pursuant to subparagraphs (A) through (C) of subsection (a)(2) shall be held in trust for the Tribe but shall not be included in the Tribal Water Right. 9. Satisfaction of claims The benefits provided under this Act shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Tribe against the United States that is waived and released by the Tribe under section 10(a). 10. Waivers and releases of claims (a) In general (1) Waivers and releases of claims by the Tribe and the United States as trustee for the Tribe Subject to the reservation of rights and retention of claims set forth in subsection (c), as consideration for recognition of the Tribe’s Tribal Water Right and other benefits described in the 2007 Agreement and this Act, the Tribe and the United States, acting as trustee for the Tribe, shall execute a waiver and release of all claims for the following: (A) All claims for water rights within the State of California based on any and all legal theories that the Tribe or the United States acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including a general stream adjudication, on or before the Enforceability Date, except to the extent that such rights are recognized in the 2007 Agreement and this Act. (B) All claims for damages, losses, or injuries to water rights or claims of interference with, diversion, or taking of water rights (including claims for injury to lands resulting from such damages, losses, injuries, interference with, diversion, or taking of water rights) within California against the State, or any person, entity, corporation, or municipality, that accrued at any time up to and including the Enforceability Date. (2) Waiver and release of claims by the Tribe against the United States Subject to the reservation of rights and retention of claims under subsection (c), the Tribe shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States) for water rights within the State of California first arising before the Enforceability Date relating to— (A) water rights within the State of California that the United States, acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including a general stream adjudication, except to the extent that such rights are recognized as part of the Tribal Water Right under this Act; (B) foregone benefits from nontribal use of water, on and off the Reservation (including water from all sources and for all uses); (C) damage, loss, or injury to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights, due to loss of water or water rights, claims relating to interference with, diversion, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the State of California; (D) a failure to establish or provide a municipal rural or industrial water delivery system on the Reservation; (E) damage, loss, or injury to water, water rights, land, or natural resources due to construction, operation, and management of irrigation projects on the Reservation and other Federal land and facilities (including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat); (F) failure to provide for operation, maintenance, or deferred maintenance for any irrigation system or irrigation project; (G) failure to provide a dam safety improvement to a dam on the Reservation; (H) the litigation of claims relating to any water rights of the Tribe within the State of California; (I) the negotiation, execution, or adoption of the 2007 Agreement (including exhibits A–F) and this Act; (J) the negotiation, execution, or adoption of operational rules referred to in article 3.4 of the 2007 Agreement in connection with any reservoir locations, including any claims related to the resolution of operational rules pursuant to the dispute resolution processes set forth in the article 8 of the 2007 Agreement, including claims arising after the Enforceability Date; and (K) claims related to the creation or reduction of the Reservation, including any claims relating to the failure to ratify any treaties and any claims that any particular lands were intended to be set aside as a permanent homeland for the Tribe but were not included as part of the present Reservation. (b) Effectiveness The waivers and releases under subsection (a) shall take effect on the Enforceability Date. (c) Reservation of rights and retention of claims Notwithstanding the waivers and releases under subsection (a), the Tribe and the United States, acting as trustee for the Tribe, shall retain— (1) all claims relating to the enforcement of, or claims accruing after the Enforceability Date relating to water rights recognized under the 2007 Agreement, any final court decree entered in the Federal District Court for the Eastern District of California, or this Act; (2) all claims relating to the right to use and protect water rights acquired after the date of enactment of this Act; (3) claims regarding the quality of water under— (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. (C) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. Clean Water Act (D) any regulations implementing the Acts described in subparagraphs (A) through (C); (4) all claims for damage, loss, or injury to land or natural resources that are not due to loss of water or water rights, including hunting, fishing, gathering, or cultural rights; and (5) all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this Act or the 2007 Agreement. (d) Effect of 2007 Agreement and Act Nothing in the 2007 Agreement or this Act— (1) affects the authority of the Tribe to enforce the laws of the Tribe, including with respect to environmental protections or reduces or extends the sovereignty (including civil and criminal jurisdiction) of any government entity; (2) affects the ability of the United States, acting as sovereign, to carry out any activity authorized by law, including— (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. (C) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (D) the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. (E) any regulations implementing the Acts described in subparagraphs (A) through (D); (3) affects the ability of the United States to act as trustee for any other Indian Tribe or an allotee of any other Indian Tribe; (4) confers jurisdiction on any State court— (A) to interpret Federal law relating to health, safety, or the environment; (B) to determine the duties of the United States or any other party under Federal law regarding health, safety, or the environment; (C) to conduct judicial review of any Federal agency action; or (D) to interpret Tribal law; or (5) waives any claim of a member of the Tribe in an individual capacity that does not derive from a right of the Tribe. (e) Tolling of claims (1) In general Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the Enforceability Date. (2) Effect of subsection Nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act. (3) Limitation Nothing in this section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law. (f) Expiration (1) In general This Act shall expire in any case in which the Secretary fails to publish a statement of findings under section 11 by not later than— (A) 8 years from the date of enactment of this Act; or (B) such alternative later date as is agreed to by the Tribe and the Secretary, after providing reasonable notice to the State of California. (2) Consequences If this Act expires under paragraph (1)— (A) the waivers and releases under subsection (a) shall— (i) expire; and (ii) have no further force or effect; (B) the authorization, ratification, confirmation, and execution of the 2007 Agreement under section 4 shall no longer be effective; (C) any action carried out by the Secretary, and any contract or agreement entered into pursuant to this Act, shall be void; (D) any unexpended Federal funds appropriated or made available to carry out the activities authorized by this Act, together with any interest earned on those funds, and any water rights or contracts to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this Act shall be returned to the Federal Government, unless otherwise agreed to by the Tribe and the United States and approved by Congress; and (E) except for Federal funds used to acquire or construct property that is returned to the Federal Government under subparagraph (D), the United States shall be entitled to offset any Federal funds made available to carry out this Act that were expended or withdrawn, or any funds made available to carry out this Act from other Federal authorized sources, together with any interest accrued on those funds, against any claims against the United States— (i) relating to— (I) water rights in the State of California asserted by— (aa) the Tribe; or (bb) any user of the Tribal Water Right; or (II) any other matter covered by subsection (a)(2); or (ii) in any future settlement of water rights of the Tribe. 11. Enforceability Date The Enforceability Date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— (1) to the extent that the 2007 Agreement conflicts with the Act, the 2007 Agreement has been amended to conform with this Act; (2) the 2007 Agreement, so revised, includes waivers and releases of claims set forth in section 10 and has been executed by the parties, including the United States; (3) a final judgment and decree approving the 2007 Agreement, including Operation Rules, and binding all parties to the action has been entered by the Court, and all appeals have been exhausted; (4) all of the amounts authorized to be appropriated under section 7(a) have been appropriated and deposited in the designated accounts; and (5) the waivers and releases under section 10(a) have been executed by the Tribe and the Secretary. 12. Binding effect; judicial approval; enforceability (a) In general (1) Lawsuit 1 or more Parties may file suit in the Court requesting the entry of a final judgement and decree approving the Tribal Water Right and the 2007 Agreement, provided that no such suit shall be filed until after— (A) the Tribe has confirmed that the Phase I Reservoir will be sited at the location described in section 3.4.B.(1) of the 2007 Agreement and that Exhibit E governs operation of the Phase I Reservoir; or (B) the Tribe has selected a substitute site for the Phase I Reservoir pursuant to section 3.4.B.(2)(a) of the 2007 Agreement and— (i) the Parties have agreed on Operation Rules and the Secretary has executed the 2007 Agreement; or (ii) if the Parties have reached an impasse in attempting to negotiate Operation Rules, at least 1 Party has developed proposed Operation Rules to submit for judicial review and approval, and has shared the proposed Operation Rules with the other Parties at least 90 days in advance of filing the lawsuit. (2) Joining United States as party Where suit is filed pursuant to this subsection, including the satisfaction of the requirements in subparagraph (A) or (B) of paragraph (1), the United States may be joined in litigation for the purposes set forth in this section. (b) Judicial approval The Court shall have exclusive jurisdiction to review and determine whether to approve the Tribal Water Right and the 2007 Agreement, and on doing so over any cause of action initiated by any Party arising from a dispute over the interpretation of the 2007 Agreement or this Act, and any cause of action initiated by any Party for the enforcement of the 2007 Agreement. (c) Failure To agree on operation rules (1) In general Subject to subsection (a)(1)(B)(ii), the Court shall have jurisdiction over a cause of action that a Party initiates to establish Operation Rules, where the Parties failed to reach agreement on such Operation Rules. (2) Voluntary dispute resolution If a suit is filed under paragraph (1), the Court shall refer the Parties to the voluntary dispute resolution program of the Court. (3) Court selection of Operation Rules (A) In general If the voluntary dispute resolution program does not, after a reasonable amount of time as determined by the Court, result in agreed-on Operation Rules, the Court shall set a deadline by which any Party or Downstream Water User may submit proposed Operation Rules and, after briefing and hearing evidence, select among the proffered Operation Rule based on the criteria set forth in paragraph (4). (B) Implementation of agreed-on Operation Rules Once the Court selects Operation Rules pursuant to subparagraph (A), such Operation Rules shall thereafter control and shall be implemented by the Parties pursuant to the terms directed by the Court. (4) Criteria for Court selection of Operation Rules (A) In general The Court shall select the proffered Operation Rules that, if implemented, would be the most effective in— (i) regulating the flows in the South Tule River to comply with the terms contained in the 2007 Agreement and the following diversion limits, where the South Tule Independent Ditch Company’s point of diversion is the point of measurement, including— (I) where the natural flow is less than 3 cubic feet per second (referred to in this clause as cfs (II) where the natural flow is greater than or equal to 3 cfs and less than 5 cfs, the Tribe has a right to 1½ cfs; (III) where the natural flow is greater than or equal to 5 cfs and less than 10 cfs, the Tribe has a right to 2 cfs; and (IV) where the natural flow is greater than or equal to 10 cfs, the Tribe has a right to any amount; (ii) minimizing adverse impact on the Parties other than the Tribe; and (iii) maintaining the right of the Tribe to the reasonable and economic use of water for domestic and stock purposes on the Reservation. (B) Consideration of Exhibit E In applying the criteria set forth in subparagraph (A), the Court should consider the Operation Rules governing the Phase I Reservoir described in section 3.4.B.(1) of the 2007 Agreement, as set forth in Exhibit E to the 2007 Agreement, which the Parties agreed on based on consideration of that criteria. (C) Inconsistency of proposed Operation Rules with criteria (i) In general The Court shall not approve the 2007 Agreement if the Court finds that none of the proffered Operation Rules are consistent with the criteria set forth in subparagraph (A). (ii) Alternative Operation Rules If the Court finds that none of the proffered Operation Rules are consistent with the criteria set forth in subparagraph (A), the Court may establish an alternate process to allow the Parties to develop alternate Operation Rules that are consistent with that criteria. 13. Miscellaneous provisions (a) Waiver of sovereign immunity by the United States Nothing in this Act waives the sovereign immunity of the United States, except as provided in section 12(a)(2). (b) Other Tribes not adversely affected Nothing in this Act quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian Tribe, band, or community other than the Tribe. (c) Other water rights of United States not adversely affected Nothing in this Act quantifies or diminishes any other water right held by the United States other than as a Downstream Water User. (d) Effect on current law Nothing in this Act affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to pre-enforcement review of any Federal environmental enforcement action. (e) Conflict In the event of a conflict between the 2007 Agreement and this Act, this Act shall control. 14. Antideficiency The United States shall not be liable for any failure to carry out any obligation or activity authorized by this Act, including any obligation or activity under the 2007 Agreement if adequate appropriations are not provided by Congress expressly to carry out the purposes of this Act.

Tule River Tribe Reserved Water Rights Settlement Act of 2023

Increasing Competitiveness for American Drones Act of 2023 This bill establishes and extends certain rules related to unmanned aircraft systems (UAS) and operations. Specifically, the bill requires the Federal Aviation Administration (FAA) to establish a regulatory pathway for certification or approval of UAS to enable commercial beyond visual line of sight (BVLOS) operations, including a risk assessment methodology. Additionally, the bill establishes the Office of Associate Administrator of UAS Integration within the FAA. It also establishes the UAS Certification Unit to develop and implement the UAS certification or approval processes for BVLOS operations. Further, the bill extends the special authority for the Department of Transportation to determine if certain UAS may operate safely in the national airspace system.

118 S307 IS: Increasing Competitiveness for American Drones Act of 2023 U.S. Senate 2023-02-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 307 IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Warner Mr. Thune Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to establish certain rules relating to unmanned aircraft systems and operations, and for other purposes. 1. Short title This Act may be cited as the Increasing Competitiveness for American Drones Act of 2023 2. Beyond visual line of sight operations for unmanned aircraft systems Chapter 448 44811. Beyond visual line of sight operations for unmanned aircraft systems (a) In general Not later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration (in this section referred to as the Administrator BVLOS (b) Consultation (1) In general Subject to paragraph (2), in promulgating the rule under subsection (a), the Administrator shall implement the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee which were submitted to the Administrator on March 10, 2022. (2) Exception If the Administrator determines not to implement 1 or more of the recommendations described in paragraph (1), the Administrator shall provide to the appropriate committees of Congress a statement of explanation for such determination. (c) Final rule (1) In general Not later than 2 years after the date of enactment of this section, the Administrator shall issue a final rule establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial BVLOS operations. (2) Requirements The final rule described in paragraph (1) shall, at a minimum, do the following: (A) Establish an applicable risk assessment methodology for the authorization of BVLOS unmanned aircraft system operations that includes quantified measures of acceptability which sufficiently account for the total air and ground risks associated with such operations and the means for mitigating such risks, taking into account an aircraft's size, weight, speed, kinetic energy, operational capability, proximity to airports and populated areas, operation over people, and operation beyond the visual line of sight, or operation during the day or night, including consideration of unmanned aircraft using an approved or accepted detect and avoid system appropriate for the class and type of airspace in which the operation is being conducted. (B) Establish remote pilot certification standards for remote pilots for BVLOS operations, taking into account varying levels of automated control and management of unmanned aircraft system flights. (C) Establish an airworthiness process for small unmanned aircraft systems that requires a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which shall not require type or production certification or the issuance of a special airworthiness certificate. (D) Establish a special airworthiness certificate to be issued upon a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which— (i) shall not require type or production certification; (ii) shall, at least, govern airworthiness of any unmanned aircraft system that— (I) is not— (aa) a small unmanned aircraft system; and (bb) appropriate for the process described in subparagraph (C), as determined by the Administrator; (II) has a maximum gross weight of not more than 1,320 lbs; and (III) has a maximum speed of 100 miles per hour; and (iii) may require unmanned aircraft systems subject to the certificate to operate in the national airspace system at altitudes below at least— (I) 400 feet above ground level; or (II) with respect to an unmanned aircraft system flown within a 400-foot radius of a structure, 400 feet above the structure's immediate uppermost limit. (E) Amend the Code of Federal Regulations to establish generally applicable standards for the type certification of unmanned aircraft systems that the Administrator determines pose higher air or ground risks such that those unmanned aircraft systems are not appropriate for approvals under the processes described in subparagraph (C) or (D). (F) Establish operating rules for— (i) the operation of the unmanned aircraft systems described in subparagraph (C), (D), or (E); and (ii) certain unmanned aircraft systems to enable lower-risk BVLOS operations without airworthiness requirements in a manner consistent with the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee described in subsection (b)(1). (3) Rule of construction Nothing in this section shall prohibit the use of the manufacturer declarations of compliance required under paragraph (2)(C) for other unmanned aircraft systems. . 3. Establishment of Associate Administrator of UAS Integration Section 106 of title 49, United States Code, is amended by adding at the end the following new subsection: (u) Office of the Associate Administrator of UAS Integration (1) Establishment There is established in the Federal Aviation Administration the Office of Associate Administrator of UAS Integration (in this subsection referred to as the Office (2) Associate Administrator The Office shall be headed by an Associate Administrator, who shall— (A) be appointed by the Administrator, in consultation with the Secretary of Transportation; and (B) report directly to the Administrator. (3) Purposes The purposes of the Office are to— (A) ensure and oversee the safe integration of UASs into the national airspace system; (B) encourage and facilitate a commercially viable UAS industry and the leadership of the United States in UAS; (C) increase overall safety of the transportation system on a mode-neutral basis; (D) promote the global leadership of the United States in advanced aviation; and (E) manage the UAS Integration Office. (4) Duties The Associate Administrator shall— (A) conduct rulemaking proceedings with respect to UASs; (B) review submissions under the processes established in subparagraphs (C) through (E) of section 44811(c)(2) and, as appropriate, grant certifications and other operational approvals; (C) review, modify, accept, or approve industry-developed standards, means of compliance, and declarations of compliance; (D) consult and coordinate with subject matter experts from all relevant lines of business and staff offices in carrying out the duties described in this paragraph in a timely and efficient manner; (E) hire full time equivalent employees, as appropriate, to build expertise within the Office in assessing new technologies and novel risk mitigations; (F) manage the UAS Certification Unit (as described in subsection (v)); and (G) engage in any other activities deemed necessary by the Associate Administrator to carry out the purposes described in paragraph (3). (5) Definitions In this subsection: (A) Beyond visual line of sight; BVLOS The terms beyond visual line of sight BVLOS (B) UAS The term UAS unmanned aircraft system . 4. Establishment of UAS Certification Unit Section 106 of title 49, United States Code, as amended by section 3, is amended by adding at the end the following new subsection: (v) UAS Certification Unit (1) Establishment There is established in the Office of Associate Administrator of UAS Integration (as established in subsection (u)) the UAS Certification Unit (in this subsection referred to as the Unit (2) Membership (A) Employees The Unit shall include not less than 1 employee from each relevant line of business of the Federal Aviation Administration, including the UAS Integration Office, the Aircraft Certification Service, the Flight Standards Service, Air Traffic Control, the Office of Chief Counsel, the Office of Environment and Energy, and any other office deemed appropriate by the Associate Administrator. (B) Leadership Out of the employees described in subparagraph (A), the Associate Administrator of the Office of Associate Administrator of UAS Integration may designate a director and steering committee to lead the Unit, which shall consist of not less than 1 employee from each line of business participating in the Unit. (3) Duties The Unit shall develop and implement the unmanned aircraft system certification or approval processes described in section 44811 by— (A) reviewing and accepting industry-based airworthiness standards and means of compliance; (B) engaging with applicants on the certification or approval process; (C) providing clear and consistent guidance to industry standards organizations, including setting either a target level of safety or an acceptable level of risk; (D) promptly responding to questions from any person seeking an approval described in subparagraphs (C) through (D) of section 44811(c)(2); and (E) taking all necessary steps to move the unmanned aircraft system certification and acceptance processes forward without avoidable delay. (4) UAS Special Airworthiness Certificate Approvals The Associate Administrator shall have the authority to grant or deny an application for any approval described in section 44811, upon review of the recommendations of the Unit and after consultation with the managers of the Aircraft Certification Service and Flight Standards Service, if either manager requests consultation. . 5. Use of modeling and simulation tools in unmanned aircraft test ranges; program extension (a) Use of modeling and simulation tools Section 44803(b) of title 49, United States Code, is amended— (1) in paragraph (11), by striking the period at the end and inserting ; and (2) by adding at the end the following new paragraph: (12) use modeling and simulation tools to assist in the testing, evaluation, verification, and validation of unmanned aircraft systems. . (b) Program extension Section 44803(h) of title 49, United States Code, is amended by striking September 30, 2023 September 30, 2028 6. Extension of special authority for unmanned aircraft systems (a) Sense of Congress It is the sense of Congress that— (1) the lack of appropriate certification standards, rules, and processes set by the Federal Aviation Administration for airworthiness determinations and operational approvals of unmanned aircraft systems (as defined in section 44801 of title 49, United States Code) puts the United States at a disadvantage in global competitiveness and delays the integration of promising new technology into communities in the United States; (2) this lack of progress on a standardized airworthiness and operational approvals approach compels the extension of authority to issue exemptions under section 44807 of such title 49; and (3) such section 44807— (A) should continue to use a risk-based approach to authorize operations that do not fit within part 107 of title 14, Code of Federal Regulations; and (B) should not be limited to type certificate applicants. (b) Extension Section 44807(d) of title 49, United States Code, is amended by striking September 30, 2023 on the date the rules described in section 44811 take effect (c) Clarification Section 44807(a) of title 49, United States Code, is amended by inserting or chapter 447 Notwithstanding any other requirement of this chapter (d) Expedited exemptions In exercising authority under section 44807 of title 49, United States Code (as amended by subsection (b)), the Administrator of the Federal Aviation Administration shall, taking into account the statutory mandate to ensure safe and efficient use of the national airspace system and without requiring a rulemaking or imposing the requirements of part 11 of title 14, Code of Federal Regulations, grant exemptions to enable— (1) low-risk beyond visual line of sight operations, such as certain package delivery operations or shielded operations within 100 feet of the ground or a structure; or (2) extended visual line of sight operations that rely on visual observers to keep the aircraft or airspace within view. (e) Clarification of status of previously issued rulemakings and exemptions (1) Rulemakings Any rulemaking published prior to the date of enactment of this Act under the authority described in section 44807 of title 49, United States Code, shall continue to be in effect following the expiration of such authority. (2) Exemptions Any exemption granted under the authority described in section 44807 of title 49, United States Code, and in effect as of September 30, 2023, shall continue to be in effect until the date that is 3 years after the date of termination described in such exemption. (3) Delegation The authority granted to the Secretary of Transportation in such section 44807 may continue to be delegated to the Administrator of the Federal Aviation Administration in whole or in part. (4) Rules of construction Nothing in this section shall be construed to interfere with the Secretary of Transportation's— (A) authority to rescind or amend the granting of an exemption for reasons such as unsafe conditions or operator oversight; or (B) ability to grant an exemption based on a determination made pursuant to such section 44807 before the expiration of that provision.

Increasing Competitiveness for American Drones Act of 2023

Stop Anti-Semitism on College Campuses Act This bill prohibits an institution of higher education (IHE) that participates in federal student aid programs from authorizing, facilitating, providing funding for, or otherwise supporting any event that promotes anti-Semitism on the IHE's campus.

118 S3078 IS: Stop Anti-Semitism on College Campuses Act U.S. Senate 2023-10-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3078 IN THE SENATE OF THE UNITED STATES October 18, 2023 Mr. Scott of South Carolina Mrs. Britt Mrs. Blackburn Mrs. Hyde-Smith Mr. Lankford Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to prohibit institutions of higher education that authorize Anti-Semitic events on campus from participating in the student loan and grant programs under title IV of such Act. 1. Short title This Act may be cited as the Stop Anti-Semitism on College Campuses Act 2. Prohibition of antisemitic events on campus Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) (30) (A) The institution will not authorize, facilitate, provide funding for, or otherwise support any event promoting Anti-Semitism on campus. (B) In this paragraph, the term Anti-Semitism .

Stop Anti-Semitism on College Campuses Act

United States-Taiwan Expedited Double-Tax Relief Act This bill establishes special rules for the taxation of residents of Taiwan with income from sources within the United States. This includes the reduction of the rate of withholding of taxes, the application of permanent establishment rules, treatment of income from employment, and the determination of the residency of citizens of Taiwan.

118 S3084 RS: United States-Taiwan Expedited Double-Tax Relief Act U.S. Senate 2023-10-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 230 118th CONGRESS 1st Session S. 3084 [Report No. 118–107] IN THE SENATE OF THE UNITED STATES October 19, 2023 Mr. Wyden Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide special rules for the taxation of certain residents of Taiwan with income from sources within the United States. 1. Short title This Act may be cited as the United States-Taiwan Expedited Double-Tax Relief Act 2. Special rules for taxation of certain residents of Taiwan (a) In general Subpart D of part II of subchapter N of chapter 1 894A. Special rules for qualified residents of Taiwan (a) Certain income from United States sources (1) Interest, dividends, and royalties, etc (A) In general In the case of interest (other than original issue discount), dividends, royalties, amounts described in section 871(a)(1)(C), and gains described in section 871(a)(1)(D) received by or paid to a qualified resident of Taiwan— (i) sections 871(a), 881(a), 1441(a), 1441(c)(5), and 1442(a) shall each be applied by substituting the applicable percentage (as defined in section 894A(a)(1)(C)) 30 percent (ii) sections 871(a), 881(a), and 1441(c)(1) shall each be applied by substituting a United States permanent establishment of a qualified resident of Taiwan a trade or business within the United States (B) Exceptions (i) In general Subparagraph (A) shall not apply to— (I) any dividend received from or paid by a real estate investment trust which is not a qualified REIT dividend, (II) any amount subject to section 897, (III) any amount received from or paid by an expatriated entity (as defined in section 7874(a)(2)) to a foreign related person (as defined in section 7874(d)(3)), and (IV) any amount which is included in income under section 860C to the extent that such amount does not exceed an excess inclusion with respect to a REMIC. (ii) Qualified REIT dividend For purposes of clause (i)(I), the term qualified REIT dividend (C) Applicable percentage For purposes of applying subparagraph (A)(i)— (i) In general Except as provided in clause (ii), the term applicable percentage (ii) Special rules for dividends In the case of any dividend in respect of stock received by or paid to a qualified resident of Taiwan, the applicable percentage shall be 15 percent (10 percent in the case of a dividend which meets the requirements of subparagraph (D) and is received by or paid to an entity taxed as a corporation in Taiwan). (D) Requirements for lower dividend rate (i) In general The requirements of this subparagraph are met with respect to any dividend in respect of stock in a corporation if, at all times during the 12-month period ending on the date such stock becomes ex-dividend with respect to such dividend— (I) the dividend is derived by a qualified resident of Taiwan, and (II) such qualified resident of Taiwan has held directly at least 10 percent (by vote and value) of the total outstanding shares of stock in such corporation. For purposes of subclause (II), a person shall be treated as directly holding a share of stock during any period described in the preceding sentence if the share was held by a corporation from which such person later acquired that share and such corporation was, at the time the share was acquired, both a connected person to such person and a qualified resident of Taiwan. (ii) Exception for RICs and REITs Notwithstanding clause (i), the requirements of this subparagraph shall not be treated as met with respect to any dividend paid by a regulated investment company or a real estate investment trust. (2) Qualified wages (A) In general No tax shall be imposed under this chapter (and no amount shall be withheld under section 1441(a) or chapter 24) with respect to qualified wages paid to a qualified resident of Taiwan who— (i) is not a resident of the United States (determined without regard to subsection (c)(3)(E)), or (ii) is employed as a member of the regular component of a ship or aircraft operated in international traffic. (B) Qualified wages (i) In general The term qualified wages (I) are paid by (or on behalf of) any employer other than a United States person, and (II) are not borne by a United States permanent establishment of any person other than a United States person. (ii) Exceptions Such term shall not include directors' fees, income derived as an entertainer or athlete, income derived as a student or trainee, pensions, amounts paid with respect to employment with the United States, any State (or political subdivision thereof), or any possession of the United States (or any political subdivision thereof), or other amounts specified in regulations or guidance under subsection (f)(1)(F). (3) Income derived from entertainment or athletic activities (A) In general No tax shall be imposed under this chapter (and no amount shall be withheld under section 1441(a) or chapter 24) with respect to income derived by an entertainer or athlete who is a qualified resident of Taiwan from personal activities as such performed in the United States if the aggregate amount of gross receipts from such activities for the taxable year do not exceed $30,000. (B) Exception Subparagraph (A) shall not apply with respect to— (i) income which is qualified wages (as defined in paragraph (2)(B), determined without regard to clause (ii) thereof), or (ii) income which is effectively connected with a United States permanent establishment. (b) Income connected with a United States permanent establishment of a qualified resident of Taiwan (1) In general (A) In general In lieu of applying sections 871(b) and 882, a qualified resident of Taiwan that carries on a trade or business within the United States through a United States permanent establishment shall be taxable as provided in section 1, 11, 55, or 59A, on its taxable income which is effectively connected with such permanent establishment. (B) Determination of taxable income In determining taxable income for purposes of paragraph (1), gross income includes only gross income which is effectively connected with the permanent establishment. (2) Treatment of dispositions of United States real property In the case of a qualified resident of Taiwan, section 897(a) shall be applied— (A) by substituting carried on a trade or business within the United States through a United States permanent establishment were engaged in a trade or business within the United States (B) by substituting such United States permanent establishment such trade or business (3) Treatment of branch profits taxes In the case of any corporation which is a qualified resident of Taiwan, section 884 shall be applied— (A) by substituting 10 percent 30 percent (B) by substituting a United States permanent establishment of a qualified resident of Taiwan the conduct of a trade or business within the United States (4) Special rule with respect to income derived from certain entertainment or athletic activities (A) In general Paragraph (1) shall not apply to the extent that the income is derived— (i) in respect of entertainment or athletic activities performed in the United States, and (ii) by a qualified resident of Taiwan who is not the entertainer or athlete performing such activities. (B) Exception Subparagraph (A) shall not apply if the person described in subparagraph (A)(ii) is contractually authorized to designate the individual who is to perform such activities. (5) Special rule with respect to certain amounts Paragraph (1) shall not apply to any income which is wages, salaries, or similar remuneration with respect to employment or with respect to any amount which is described in subsection (a)(2)(B)(ii). (c) Qualified resident of Taiwan For purposes of this section— (1) In general The term qualified resident of Taiwan (A) is liable to tax under the laws of Taiwan by reason of such person's domicile, residence, place of management, place of incorporation, or any similar criterion, (B) is not a United States person (determined without regard to paragraph (3)(E)), and (C) in the case of an entity taxed as a corporation in Taiwan, meets the requirements of paragraph (2). (2) Limitation on benefits for corporate entities of Taiwan (A) In general Subject to subparagraphs (E) and (F), an entity meets the requirements of this paragraph only if it— (i) meets the ownership and income requirements of subparagraph (B), (ii) meets the publicly traded requirements of subparagraph (C), or (iii) meets the qualified subsidiary requirements of subparagraph (D). (B) Ownership and income requirements The requirements of this subparagraph are met for an entity if— (i) at least 50 percent (by vote and value) of the total outstanding shares of stock in such entity are owned directly or indirectly by qualified residents of Taiwan, and (ii) less than 50 percent of such entity’s gross income (and in the case of an entity that is a member of a tested group, less than 50 percent of the tested group’s gross income) is paid or accrued, directly or indirectly, in the form of payments that are deductible for purposes of the income taxes imposed by Taiwan, to persons who are not— (I) qualified residents of Taiwan, or (II) United States persons who meet such requirements with respect to the United States as determined by the Secretary to be equivalent to the requirements of this subsection (determined without regard to paragraph (1)(B)) with respect to residents of Taiwan. (C) Publicly traded requirements An entity meets the requirements of this subparagraph if— (i) the principal class of its shares (and any disproportionate class of shares) of such entity are primarily and regularly traded on an established securities market in Taiwan, or (ii) the primary place of management and control of the entity is in Taiwan and all classes of its outstanding shares described in clause (i) are regularly traded on an established securities market in Taiwan. (D) Qualified subsidiary requirements An entity meets the requirement of this subparagraph if— (i) at least 50 percent (by vote and value) of the total outstanding shares of the stock of such entity are owned directly or indirectly by 5 or fewer entities— (I) which meet the requirements of subparagraph (C), or (II) which are United States persons the principal class of the shares (and any disproportionate class of shares) of which are primarily and regularly traded on an established securities market in the United States, and (ii) the entity meets the requirements of clause (ii) of subparagraph (B). (E) Only indirect ownership through qualifying intermediaries counted (i) In general Stock in an entity owned by a person indirectly through 1 or more other persons shall not be treated as owned by such person in determining whether the person meets the requirements of subparagraph (B)(i) or (D)(i) unless all such other persons are qualifying intermediate owners. (ii) Qualifying intermediate owners The term qualifying intermediate owner (I) a qualified resident of Taiwan, or (II) a resident of any other foreign country (other than a foreign country that is a foreign country of concern) that has in effect a comprehensive convention with the United States for the avoidance of double taxation. (iii) Special rule for qualified subsidiaries For purposes of applying subparagraph (D)(i), the term qualifying intermediate owner (F) Certain payments not included In determining whether the requirements of subparagraph (B)(ii) or (D)(ii) are met with respect to an entity, the following payments shall not be taken into account: (i) Arm’s-length payments by the entity in the ordinary course of business for services or tangible property. (ii) In the case of a tested group, intra-group transactions. (3) Dual residents (A) Rules for determination of status (i) In general An individual who is an applicable dual resident and who is described in subparagraph (B), (C), or (D) shall be treated as a qualified resident of Taiwan. (ii) Applicable dual resident For purposes of this paragraph, the term applicable dual resident (I) is not a United States citizen, (II) is a resident of the United States (determined without regard to subparagraph (E)), and (III) would be a qualified resident of Taiwan but for paragraph (1)(B). (B) Permanent home An individual is described in this subparagraph if such individual— (i) has a permanent home available to such individual in Taiwan, and (ii) does not have a permanent home available to such individual in the United States. (C) Center of vital interests An individual is described in this subparagraph if— (i) such individual has a permanent home available to such individual in both Taiwan and the United States, and (ii) such individual's personal and economic relations (center of vital interests) are closer to Taiwan than to the United States. (D) Habitual abode An individual is described in this subparagraph if— (i) such individual— (I) does not have a permanent home available to such individual in either Taiwan or the United States, or (II) has a permanent home available to such individual in both Taiwan and the United States but such individual's center of vital interests under subparagraph (C)(ii) cannot be determined, and (ii) such individual has a habitual abode in Taiwan and not the United States. (E) United States tax treatment of qualified resident of Taiwan Notwithstanding section 7701, an individual who is treated as a qualified resident of Taiwan by reason of this paragraph for all or any portion of a taxable year shall not be treated as a resident of the United States for purposes of computing such individual's United States income tax liability for such taxable year or portion thereof. (4) Rules of special application (A) Dividends For purposes of applying this section to any dividend, paragraph (2)(D) shall be applied without regard to clause (ii) thereof. (B) Items of income emanating from an active trade or business in Taiwan For purposes of this section— (i) In general Notwithstanding the preceding paragraphs of this subsection, if an entity taxed as a corporation in Taiwan is not a qualified resident of Taiwan but meets the requirements of subparagraphs (A) and (B) of paragraph (1), any qualified item of income such entity derived from the United States shall be treated as income of a qualified resident of Taiwan. (ii) Qualified items of income (I) In general The term qualified item of income (II) Substantial activity requirement An item of income which is derived from a trade or business conducted in the United States or from a connected person shall be a qualified item of income only if the trade or business activity conducted in Taiwan to which the item is related is substantial in relation to the same or a complementary trade or business activity carried on in the United States. For purposes of applying this subclause, activities conducted by persons that are connected to the entity described in clause (i) shall be deemed to be conducted by such entity. (iii) Exception This subparagraph shall not apply to any item of income derived by an entity if at least 50 percent (by vote or value) of such entity is owned (directly or indirectly) or controlled by residents of a foreign country of concern. (d) Other definitions and special rules For purposes of this section— (1) United States permanent establishment (A) In general The term United States permanent establishment (B) Special rule The determination of whether there is a permanent establishment of a qualified resident of Taiwan within the United States shall be made without regard to whether an entity which is taxed as a corporation in Taiwan and which is a qualified resident of Taiwan controls or is controlled by— (i) a domestic corporation, or (ii) any other person that carries on business in the United States (whether through a permanent establishment or otherwise). (2) Permanent establishment (A) In general The term permanent establishment (i) a place of management, (ii) a branch, (iii) an office, (iv) a factory, (v) a workshop, and (vi) a mine, an oil or gas well, a quarry, or any other place of extraction of natural resources. (B) Special rules for certain temporary projects (i) In general A building site or construction or installation project, or an installation or drilling rig or ship used for the exploration or exploitation of the sea bed and its subsoil and their natural resources, constitutes a permanent establishment only if it lasts, or the activities of the rig or ship lasts, for more than 12 months. (ii) Determination of 12-month period For purposes of clause (i), the period over which a building site or construction or installation project of a person lasts shall include any period of more than 30 days during which such person does not carry on activities at such building site or construction or installation project but connected activities are carried on at such building site or construction or installation project by one or more connected persons. (C) Habitual exercise of contract authority treated as permanent establishment Notwithstanding subparagraphs (A) and (B), where a person (other than an agent of an independent status to whom subparagraph (D)(ii) applies) is acting on behalf of a trade or business of a qualified resident of Taiwan and has and habitually exercises an authority to conclude contracts that are binding on the trade or business, that trade or business shall be deemed to have a permanent establishment in the country in which such authority is exercised in respect of any activities that the person undertakes for the trade or business, unless the activities of such person are limited to those described in subparagraph (D)(i) that, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that subparagraph. (D) Exclusions (i) In general Notwithstanding subparagraphs (A) and (B), the term permanent establishment (I) the use of facilities solely for the purpose of storage, display, or delivery of goods or merchandise belonging to the trade or business, (II) the maintenance of a stock of goods or merchandise belonging to the trade or business solely for the purpose of storage, display, or delivery, (III) the maintenance of a stock of goods or merchandise belonging to the trade or business solely for the purpose of processing by another trade or business, (IV) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise, or of collecting information, for the trade or business, (V) the maintenance of a fixed place of business solely for the purpose of carrying on, for the trade or business, any other activity of a preparatory or auxiliary character, or (VI) the maintenance of a fixed place of business solely for any combination of the activities mentioned in subclauses (I) through (V), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character. (ii) Brokers and other independent agents A trade or business shall not be considered to have a permanent establishment in a country merely because it carries on business in such country through a broker, general commission agent, or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business as independent agents. (3) Tested group The term tested group (A) participates as a member with such entity in a tax consolidation, fiscal unity, or similar regime that requires members of the group to share profits or losses, or (B) shares losses with such entity pursuant to a group relief or other loss sharing regime. (4) Connected person Two persons shall be connected persons (5) Foreign country of concern The term foreign country of concern 15 U.S.C. 4651(7) (6) Partnerships; beneficiaries of estates and trusts For purposes of this section— (A) a qualified resident of Taiwan which is a partner of a partnership which carries on a trade or business within the United States through a United States permanent establishment shall be treated as carrying on such trade or business through such permanent establishment, and (B) a qualified resident of Taiwan which is a beneficiary of an estate or trust which carries on a trade or business within the United States through a United States permanent establishment shall be treated as carrying on such trade or business through such permanent establishment. (7) Denial of benefits for certain payments through hybrid entities For purposes of this section, rules similar to the rules of section 894(c) shall apply. (e) Application (1) In general This section shall not apply to any period unless the Secretary has determined that Taiwan has provided benefits to United States persons for such period that are reciprocal to the benefits provided to qualified residents of Taiwan under this section. (2) Provision of reciprocity The President or his designee is authorized to exchange letters, enter into an agreement, or take other necessary and appropriate steps relative to Taiwan for the reciprocal provision of the benefits described in this section. (f) Regulations or other guidance (1) In general The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the provisions of this section, including such regulations or guidance for— (A) determining— (i) what constitutes a United States permanent establishment of a qualified resident of Taiwan, and (ii) income that is effectively connected with such a permanent establishment, (B) preventing the abuse of the provisions of this section by persons who are not (or who should not be treated as) qualified residents of Taiwan, (C) requirements for record keeping and reporting, (D) rules to assist withholding agents or employers in determining whether a foreign person is a qualified resident of Taiwan for purposes of determining whether withholding or reporting is required for a payment (and, if withholding is required, whether it should be applied at a reduced rate), (E) the application of subsection (a)(1)(D)(i) to stock held by predecessor owners, (F) determining what amounts are to be treated as qualified wages for purposes of subsection (a)(2), (G) determining the amounts to which subsection (a)(3) applies, (H) defining established securities market for purposes of subsection (c), (I) the application of the rules of subsection (c)(4)(B), (J) the application of subsection (d)(6) and section 1446, (K) determining ownership interests held by residents of a foreign country of concern, and (L) determining the starting and ending dates for periods with respect to the application of this section under subsection (e), which may be separate dates for taxes withheld at the source and other taxes. (2) Regulations to be consistent with model treaty Any regulations or other guidance issued under this section shall, to the extent practical, be consistent with the provisions of the United States model income tax convention dated February 7, 2016. . (b) Conforming amendment to withholding tax Subchapter A of chapter 3 1447. Withholding for qualified residents of Taiwan For reduced rates of withholding for certain residents of Taiwan, see section 894A. . (c) Clerical amendments (1) The table of sections for subpart D of part II of subchapter N of chapter 1 Sec. 894A. Special rules for qualified residents of Taiwan. . (2) The table of sections for subchapter A of chapter 3 of such Code is amended by adding at the end the following new item: Sec. 1447. Withholding for qualified residents of Taiwan. . October 19, 2023 Read twice and placed on the calendar

United States-Taiwan Expedited Double-Tax Relief Act

Caribbean Border Counternarcotics Strategy Act This bill provides statutory authority for the requirement for the Office of National Drug Control Policy (ONDCP) to include a Caribbean Border Counternarcotics Strategy in its National Drug Control Strategy. This strategy must include measures for preventing the illegal trafficking of drugs through the Caribbean region into the United States, including measures to combat drug trafficking and drug-related violent crime in Puerto Rico and the U.S. Virgin Islands. The bill also revises ONDCP's authorization to (1) add definitions for state and for United States to specify that its authorization includes U.S. territories and possessions, and (2) revise the definition for supply reduction to ensure that the National Drug Control Strategy includes efforts to disrupt the financial networks of drug trafficking organizations.

118 S309 IS: Caribbean Border Counternarcotics Strategy Act U.S. Senate 2023-02-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 309 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Scott of Florida Mr. Padilla Committee on the Judiciary A BILL To amend the Office of National Drug Control Policy Reauthorization Act of 1998 to require a Caribbean border counternarcotics strategy, and for other purposes. 1. Short title This Act may be cited as the Caribbean Border Counternarcotics Strategy Act 2. Caribbean Border Counternarcotics Strategy Act (a) Definitions Section 702 of the Office of National Drug Control Policy Reauthorization Act of 1998 ( 21 U.S.C. 1701 (1) by redesignating paragraphs (15) through (17) as paragraphs (16) through (18), respectively; (2) by inserting after paragraph (14) the following: (15) State The term State ; (3) by amending paragraph (18), as redesignated— (A) by redesignating subparagraphs (G) and (H) as subparagraphs (H) and (I), respectively; and (B) by inserting after subparagraph (F) the following: (G) activities to map, track, dismantle, and disrupt the financial networks of drug trafficking organizations, transnational criminal organizations, and money laundering organizations involved in the manufacture and trafficking of drugs in the United States and in foreign countries; ; and (4) by adding at the end the following: (19) United States The term United States . (b) Requirement for Caribbean Border Counternarcotics Strategy Section 706(c)(3) of the Office of National Drug Control Policy Reauthorization Act of 1998 ( 21 U.S.C. 1705(c)(3) (D) Requirement for Caribbean Border Counternarcotics Strategy (i) Purposes The Caribbean Border Counternarcotics Strategy shall— (I) set forth the strategy of the Federal Government for preventing the illegal trafficking of drugs through the Caribbean region into the United States, including through ports of entry, between ports of entry, and across air and maritime approaches; (II) state the specific roles and responsibilities of each relevant National Drug Control Program agency for implementing the strategy; (III) identify the specific resources required to enable the relevant National Drug Control Program agencies to implement the strategy; and (IV) be designed to promote, and not hinder, legitimate trade and travel. (ii) Specific content related to Puerto Rico and the United States Virgin Islands The Caribbean Border Counternarcotics Strategy shall include— (I) a strategy to prevent the illegal trafficking of drugs to or through Puerto Rico and the United States Virgin Islands, including measures to substantially reduce drug-related violent crime on such islands; and (II) recommendations for additional assistance or authorities, if any, needed by Federal, State, and local law enforcement agencies relating to the strategy, including an evaluation of Federal technical and financial assistance, infrastructure capacity building, and interoperability deficiencies. .

Caribbean Border Counternarcotics Strategy Act

Healthy Meals Help Kids Learn Act of 2023 This bill permanently increases the federal reimbursement rates for the school lunch and breakfast programs. Specifically, beginning July 1, 2024, the bill provides an additional 45 cents per lunch served in the National School Lunch Program and an additional 28 cents per breakfast served in the School Breakfast Program. These amounts must be adjusted annually for inflation beginning July 1, 2025.

118 S3093 IS: Healthy Meals Help Kids Learn Act of 2023 U.S. Senate 2023-10-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3093 IN THE SENATE OF THE UNITED STATES October 19, 2023 Mr. Heinrich Mr. Fetterman Mr. Warnock Mrs. Gillibrand Mr. Blumenthal Mr. Van Hollen Mr. Wyden Mr. Welch Mrs. Shaheen Mr. Padilla Mr. Reed Ms. Hirono Mr. Booker Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to increase reimbursement rates of school meals, and for other purposes. 1. Short title This Act may be cited Healthy Meals Help Kids Learn Act of 2023 2. Increasing the reimbursement rate of school meals (a) School lunch increase Section 4(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1753(b) (4) Non-Performance-Based additional reimbursement (A) In general Beginning on July 1, 2024, each lunch served in school food authorities shall receive an additional 45 cents. (B) Adjustment The amount in subparagraph (A) shall be adjusted in accordance with section 11(a)(3) beginning on July 1, 2025. . (b) School breakfast increase Section 4(b)(1) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773(b)(1) (F) Non-Performance-Based additional reimbursement (i) In general Beginning on July 1, 2024, each free breakfast, reduced price breakfast, and breakfast served to children not eligible for free or reduced price meals served in school food authorities shall receive an additional 28 cents. (ii) Adjustment The amount in clause (i) shall be adjusted in accordance with section 11(a)(3) of the Richard B. Russell National School Lunch Act beginning on July 1, 2025 ( 42 U.S.C. 1759a(a)(3) .

Healthy Meals Help Kids Learn Act of 2023

HCBS Relief Act of 2023 This bill temporarily increases the applicable Federal Medical Assistance Percentage (i.e., federal matching rate) under Medicaid for certain approved home- and community-based services that are provided during FY2024-FY2025. As a condition for receiving the increased rate, a state must agree to undertake activities to improve the delivery of such services, such as by providing additional benefits to home health workers and by helping individuals who were relocated to nursing facilities move back to their homes.

118 S3118 IS: HCBS Relief Act of 2023 U.S. Senate 2023-10-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3118 IN THE SENATE OF THE UNITED STATES October 24, 2023 Mr. Casey Mr. Merkley Ms. Duckworth Ms. Smith Mr. Blumenthal Mr. Reed Ms. Baldwin Mrs. Gillibrand Mr. Sanders Ms. Warren Ms. Stabenow Mr. Whitehouse Mr. Booker Mr. Welch Mr. Kaine Ms. Klobuchar Mr. Fetterman Mr. Van Hollen Mr. Markey Mr. Heinrich Mr. Wyden Committee on Finance A BILL To provide for an emergency increase in Federal funding to State Medicaid programs for expenditures on home and community-based services. 1. Short title This Act may be cited as the HCBS Relief Act of 2023 2. Additional support for Medicaid home and community-based services (a) Increased FMAP (1) In general Notwithstanding section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) 42 U.S.C. 1396d 42 U.S.C. 1396n(k) (2) Definitions In this section: (A) HCBS program State The term HCBS program State (B) Home and community-based services The term home and community-based services 42 U.S.C. 1396d(a) 42 U.S.C. 1396n 42 U.S.C. 1315 (b) Condition The condition described in this subsection, with respect to a State, is that the State submits an application to the Secretary, at such time and in such manner as specified by the Secretary, that includes, in addition to such other information as the Secretary shall require— (1) a description of which activities described in subsection (d) that a State plans to implement and a description of how it plans to implement such activities; (2) assurances that all Federal funds attributable to the increase under subsection (a) will be— (A) expended by the State in accordance with this section not later than September 30, 2027; and (B) used— (i) to implement the activities described in subsection (d); (ii) to supplement, and not supplant, the level of State funds expended for home and community-based services for eligible individuals through programs in effect as of the date of the enactment of this section; and (iii) to increase reimbursement rates for home and community-based services to a level that will support recruitment and retention of a sufficient workforce to provide home and community-based services to eligible individuals; and (3) assurances that the State will conduct adequate oversight and ensure the validity of such data as may be required by the Secretary. (c) Approval of application Not later than 90 days after the date of submission of an application of a State under subsection (b), the Secretary shall certify if the application is complete. Upon certification that an application of a State is complete, the application shall be deemed to be approved for purposes of this section. (d) Activities To improve the delivery of HCBS (1) In general A State shall work with community partners, such as Area Agencies on Aging, Centers for Independent Living, non-profit home and community-based services providers, and other entities providing home and community-based services, to implement the purposes described in paragraph (2). (2) Focused areas of HCBS improvement The purposes described in this paragraph, with respect to a State, are the following: (A) To increase rates for home health agencies and agencies that employ direct support professionals (including independent providers in a self-directed or consumer-directed model) to provide home and community-based services under the State Medicaid program, provided that any agency or individual that receives payment under such an increased rate increases the compensation it pays its home health workers or direct support professionals. (B) To provide paid sick leave, paid family leave, and paid medical leave for home health workers and direct support professionals. (C) To provide hazard pay, overtime pay, and shift differential pay for home health workers and direct support professionals. (D) To improve stability of home health worker and direct support professional jobs, including consistent hours, scheduling, pay, and benefit eligibility. (E) To provide home and community-based services to eligible individuals who are on waiting lists for programs approved under sections 1115 or 1915 of the Social Security Act ( 42 U.S.C. 1315 (F) To purchase emergency supplies and equipment, which may include items not typically covered under the Medicaid program, such as personal protective equipment, necessary to enhance access to services and to protect the health and well-being of home health workers and direct support professionals. (G) To pay for the travel of home health workers and direct support professionals to conduct home and community-based services. (H) To recruit new home health workers and direct support professionals. (I) To support family care providers of eligible individuals with needed supplies, equipment, and services, which may include such items as family caregiver pay and respite services. (J) To pay for training for home health workers and direct support professionals. (K) To pay for assistive technologies, staffing, and training to facilitate eligible individuals' communication, and other costs incurred in order to facilitate community integration and ensure an individual’s person-centered service plan continues to be fully implemented. (L) To prepare information and public health and educational materials in accessible formats (including formats accessible to people with low literacy or intellectual disabilities) about prevention, treatment, recovery and other aspects of communicable diseases and threats to the health of eligible individuals, their families, and the general community served by agencies described in subparagraph (A). (M) To protect the health and safety of home health workers and direct support professionals during public health emergencies and natural disasters. (N) To pay for interpreters to assist in providing home and community-based services to eligible individuals and to inform the general public about communicable diseases and other public health threats. (O) To allow day services providers to provide home and community-based services. (P) To pay for other expenses deemed appropriate by the Secretary to enhance, expand, or strengthen Home and Community-Based Services, including retainer payments, and expenses which meet the criteria of the home and community-based settings rule published on January 16, 2014. (Q) To assist eligible individuals who had to relocate to a nursing facility or institutional setting from their homes in— (i) moving back to their homes (including by paying for moving costs, first month’s rent, and other one-time expenses and start-up costs); (ii) resuming home and community-based services; (iii) receiving mental health services and necessary rehabilitative service to regain skills lost while relocated; and (iv) while funds attributable to the increased FMAP under this section remain available, continuing home and community-based services for eligible individuals who were served from a waiting list for such services during the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) (e) Reporting requirements (1) State reporting requirements Not later than December 31, 2027, any State with respect to which an application is approved by the Secretary pursuant to subsection (c) shall submit a report to the Secretary that contains the following information: (A) Activities and programs that were funded using Federal funds attributable to such increase. (B) The number of eligible individuals who were served by such activities and programs. (C) The number of eligible individuals who were able to resume home and community-based services as a result of such activities and programs. (2) HHS evaluation (A) In general The Secretary shall evaluate the implementation and outcomes of this section in the aggregate using an external evaluator with experience evaluating home and community-based services, disability programs, and older adult programs. (B) Evaluation criteria For purposes of subparagraph (A), the external evaluator shall— (i) document and evaluate changes in access, availability, and quality of home and community-based services in each HCBS program State; (ii) document and evaluate aggregate changes in access, availability, and quality of home and community-based services across all such States; and (iii) evaluate the implementation and outcomes of this section based on— (I) the impact of this section on increasing funding for home and community-based services; (II) the impact of this section on achieving targeted access, availability, and quality of home and community-based services; and (III) promising practices identified by activities conducted pursuant to subsection (d) that increase access to, availability of, and quality of home and community-based services. (C) Dissemination of evaluation findings The Secretary shall— (i) disseminate the findings from the evaluations conducted under this paragraph to— (I) all State Medicaid directors; and (II) the Committee on Energy and Commerce of the House of Representatives, the Committee on Finance of the Senate, and the Special Committee on Aging of the Senate; and (ii) make all evaluation findings publicly available in an accessible electronic format and any other accessible format determined appropriate by the Secretary. (D) Oversight Each State with respect to which an application is approved by the Secretary pursuant to subsection (c) shall ensure adequate oversight of the expenditure of Federal funds pursuant to such increase in accordance with the Medicaid regulations, including section 1115 and 1915 waiver regulations and special terms and conditions for any relevant waiver or grant program. (3) Non-Application Of The Paperwork Reduction Act Chapter 35 Paperwork Reduction Act of 1995 (f) Additional definitions In this section: (1) Eligible individual The term eligible individual (2) Medicaid program The term Medicaid program 42 U.S.C. 1396 et seq. 42 U.S.C. 1315 (3) Secretary The term Secretary (4) State The term State 42 U.S.C. 1396 et seq.

HCBS Relief Act of 2023

Outpatient Surgery Quality and Access Act of 2023 This bill establishes and modifies certain requirements relating to Medicare payments for ambulatory surgical center (ASC) services. Specifically, the bill (1) requires the payment system for ASC services to feature certain positive annual adjustments equivalent to those made with respect to hospital outpatient department (OPD) services; (2) revises quality reporting requirements to permit publicly available, side-by-side comparisons of quality measures for ASCs and OPDs in the same geographic area; and (3) requires the Centers for Medicare & Medicaid Services (CMS), when excluding requested procedures from the list of those approved to be performed in ASCs, to cite specified reasons for doing so. With respect to excluding procedures from the approved list for ASCs, the CMS may not cite as a basis for exclusion that a procedure can only be reported using an unlisted surgical procedure code. (Physicians sometimes use unlisted codes when performing new procedures or services if no existing code is adequately descriptive.) The bill also limits the copayment amount for ASC services under Medicare to that of the inpatient hospital deductible.

118 S312 IS: Outpatient Surgery Quality and Access Act of 2023 U.S. Senate 2023-02-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 312 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Blumenthal Mr. Cassidy Committee on Finance A BILL To amend title XVIII of the Social Security Act to modernize payments for ambulatory surgical centers under the Medicare program, and for other purposes. 1. Short title This Act may be cited as the Outpatient Surgery Quality and Access Act of 2023 2. Aligning updates for ambulatory surgical center services with updates for OPD services Section 1833(i)(2)(D) of the Social Security Act ( 42 U.S.C. 1395l(i)(2)(D) (1) in clause (v)— (A) in the first sentence, by inserting before the period the following: and, in the case of 2024 or a subsequent year, by the adjustment described in subsection (t)(3)(G) for the respective year (B) by moving the margin 6 ems to the left; (2) by redesignating clause (vi) as clause (vii); and (3) by inserting after clause (v) the following new clause: (vi) In implementing the system described in clause (i) for 2024 and each subsequent year, there shall be an annual update under such system for the year equal to the OPD fee schedule increase factor specified under subsection (t)(3)(C)(iv) for such year, adjusted in accordance with clauses (iv) and (v). . 3. Transparency of quality reporting and Medicare beneficiary information Paragraph (7) of section 1833(i) of the Social Security Act ( 42 U.S.C. 1395l(i) (C) To the extent that quality measures implemented by the Secretary under this paragraph for ambulatory surgical centers and under section 1833(t)(17) for hospital outpatient departments are applicable to the provision of surgical services in both ambulatory surgical centers and hospital outpatient departments, the Secretary shall make reported data on such centers and departments available on the website Medicare.gov (D) The Secretary shall ensure that an ambulatory surgery center and a hospital has the opportunity to review, and submit any corrections for, the data to be made public with respect to the ambulatory surgery center under subparagraph (C) prior to such data being made public. (E) The Secretary shall develop materials and inform beneficiaries under this title of publicly available comparisons provided for in subparagraph (C). . 4. Advisory Panel on Hospital Outpatient Payment Representation (a) ASC representative The second sentence of section 1833(t)(9)(A) of the Social Security Act ( 42 U.S.C. 1395l(t)(9)(A) and suppliers subject to the prospective payment system (including at least one ambulatory surgical center representative) an appropriate selection of representatives of providers (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. 5. Reasons for excluding additional procedures from ASC approved list (a) In general Section 1833(i)(1) of the Social Security Act ( 42 U.S.C. 1395l(i)(1) In updating such lists for application in years beginning after the date of the enactment of this sentence, for each procedure that was requested to be included in such lists during the public comment period but which the Secretary does not propose (in the final rule updating such lists) to so include in such lists, the Secretary shall cite in such final rule the specific criteria in paragraph (b) or (c) of section 416.166 of title 42, Code of Federal Regulations, based on which the procedure was excluded. If paragraph (b) of such section is cited for exclusion of a procedure, the Secretary shall identify the peer reviewed research or the evidence upon which such determination is based. (b) Effective date The amendment made by subsection (a) shall apply to lists of ambulatory surgery procedures for application in years beginning after the date of the enactment of this Act. 6. Limitation on ambulatory surgery center copayment for a procedure to the hospital deductible amount Section 1833(a)(1)(G) of the Social Security Act ( 42 U.S.C. 1395l(a)(1)(G) , except that in no case shall the copayment amount for such services furnished in a year exceed the amount of the inpatient hospital deductible established under section 1813(b) for the year (and, notwithstanding any other provision of this section, the amount of payment for such services shall be increased by the amount of any reduction in the copayment amount for such services pursuant to this subparagraph) 7. Alignment of budget neutrality adjustment for outpatient surgical procedures (a) Prohibiting unauthorized agency action Section 1833(i)(2)(D)(ii) of the Social Security Act ( 42 U.S.C. 1395l(i)(2)(D)(ii) The preceding sentence shall only apply to the first year the system described in clause (i) was implemented and shall not apply to any year after 2023. (b) Combining volume for budget neutrality calculation Section 1833(t)(9)(B) of the Social Security Act ( 42 U.S.C. 1395l(t)(9)(B) taking into account the volume of procedures paid under this subsection combined with the volume of procedures paid under subsection (i), subparagraph (A), (c) Effective Date The amendments made by subsections (a) and (b) shall apply in years beginning after the date of the enactment of this Act.

Outpatient Surgery Quality and Access Act of 2023

National Cold War Center Act of 2023 This bill designates the museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, as the National Cold War Center.

118 S313 IS: National Cold War Center Act of 2023 U.S. Senate 2023-02-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 313 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Cotton Mr. Boozman Committee on Energy and Natural Resources A BILL To authorize reference to the museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, as the National Cold War Center 1. Short title This Act may be cited as the National Cold War Center Act of 2023 2. Findings Congress makes the following findings: (1) The BAFB Cold War Museum, Inc., a nonprofit corporation under section 501(c)(3) (2) The National Cold War Center, located on the Blytheville/Eaker Air Force Base, will be recognized as a major tourist attraction in Arkansas that will provide an immersive and authoritative experience in informing, interpreting, and honoring the legacy of the Cold War. (3) The Blytheville/Eaker Air Force Base has the only intact, publicly accessible Alert Facility and Weapons Storage Facility in the United States. (4) There is an urgent need to preserve the stories, artifacts, and heroic achievements of the Cold War. (5) The United States has a need to preserve forever the knowledge and history of the United States achievements in the Cold War century and to portray that history to citizens, visitors, and school children for centuries to come. (6) The National Cold War Center seeks to educate a diverse group of audiences through its collection of artifacts, photographs, and firsthand personal accounts of the participants in the war on the home front. 3. Purposes The purposes of this Act are— (1) to authorize references to the museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, including its future and expanded exhibits, collections, and educational programs, as the National Cold War Center (2) to ensure the continuing preservation, maintenance, and interpretation of the artifacts, documents, images, and history collected by the Center; (3) to enhance the knowledge of the American people of the experience of the United States during the Cold War years; (4) to provide and support a facility for the public display of the artifacts, photographs, and personal histories of the Cold War years; and (5) to ensure that all future generations understand the sacrifices made to preserve freedom and democracy, and the benefits of peace for all future generations in the 21st century and beyond. 4. Reference to America’s Cold War Center The museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, is hereby authorized to be referred to as the National Cold War Center

National Cold War Center Act of 2023

Israel Supplemental Appropriations Act of 2023 This bill provides FY2024 supplemental appropriations to the Department of Defense (DOD) and the Department of State for assistance to Israel. The bill designates the funding as emergency spending, which is exempt from discretionary spending limits. The bill provides appropriations to DOD for Operation and Maintenance; Procurement; and Research, Development, Test and Evaluation. The funding is provided for purposes such as replacing defense articles that were provided to Israel; reimbursing DOD for defense services and training provided to Israel; the procurement of Israel's Iron Dome and David's Sling defense systems; Defense Production Act purchases; and the development of Israel's Iron Beam defense system. The bill provides appropriations to the State Department for Diplomatic Programs, including Worldwide Security Protection; Emergencies in the Diplomatic and Consular Service; and the Foreign Military Financing Program. In addition, the bill includes several provisions that expand the authorities of the President to transfer defense articles and services from DOD to Israel. Finally, the bill specifies that the funds provided by this bill may not be used (1) in connection with the war in Ukraine; or (2) for assistance to any entity that is located in the territory of Gaza or is controlled or influenced by Hamas, Palestinian Islamic Jihad, or any other organization that the State Department has designated as a foreign terrorist organization.

115 S3135 PCS: Israel Supplemental Appropriations Act of 2023 U.S. Senate 2023-10-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 231 118th CONGRESS 1st Session S. 3135 IN THE SENATE OF THE UNITED STATES October 25, 2023 Mr. Marshall Mr. Vance Mr. Lee Mr. Cruz Mrs. Blackburn Mr. Johnson Ms. Lummis Mr. Tuberville October 26, 2023 Read the second time and placed on the calendar A BILL Making emergency supplemental appropriations for assistance for the situation in Israel for the fiscal year ending September 30, 2024, and for other purposes. I Supplemental appropriations for Israel Department of Defense Operation and maintenance Operation and maintenance, Defense-Wide For an additional amount for Operation and Maintenance, Defense-wide Provided, Operation and Maintenance Procurement Research, Development, Test, and Evaluation Revolving and Management Funds Provided further, Procurement Provided further, Procurement Research, Development, Test and Evaluation Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Procurement Procurement of ammunition, Army For an additional amount for Procurement of Ammunition, Army Provided, Provided further, Procurement, Defense-wide For an additional amount for Procurement, Defense-wide Provided, Provided further, Provided further, Provided further, Defense Production Act purchases For an additional amount for Defense Production Act Purchases 50 U.S.C. 4518 Provided, Provided further, Provided further, Research, development, test and evaluation Research, development, test and evaluation, defense-wide For an additional amount for Research, Development, Test and Evaluation, Defense-wide Provided, Provided further, Provided further, Provided further, Department of State and related agency Department of State Administration of foreign affairs Diplomatic programs For an additional amount for Diplomatic programs Provided, Provided further, Emergencies in the diplomatic and consular service For an additional amount for Emergencies in the Diplomatic and Consular Service Provided, Provided further, Expanded transfer authority for consular and border security programs During fiscal years 2024 and 2025, funds deposited in the consular and border security programs account in any fiscal year that are available for obligation may be transferred to, and merged with, funds appropriated by any Act making appropriations for the Department of State, foreign operations, and related programs under the headings Diplomatic Programs Embassy Security, Construction, and Maintenance Emergencies in the Diplomatic and Consular Service Provided, Provided further, International security assistance Funds appropriated to the President Foreign Military Financing Program For an additional amount for Foreign Military Financing Program Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, II General provisions 201. Drawdown authority (a) In general Section 506(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(a) (4) For fiscal year 2024, in addition to amounts otherwise specified in this section, the President may direct the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, of an aggregate value not to exceed $7,000,000,000, to be provided to Israel. . (b) National interest Section 506(a)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(a)(2) (C) For fiscal year 2024, in addition to amounts otherwise specified in this section, an aggregate value not to exceed $200,000,000 of any such articles, services, and military education and training may be provided to Israel pursuant to subparagraph (A) of this paragraph, not more than $75,000,000 of which may be provided from the drawdown from the inventory and resources of the Department of Defense. . (c) Emergency transfer of funds Section 552(c) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2348a(c) For fiscal year 2024, in addition to the aggregate value of $25,000,000 authorized in the text in paragraph (1) designated as paragraph (2) of the sentence preceding the immediately preceding sentence, the President may direct the drawdown of commodities and services from the inventory and resources of any agency of the United States Government for the purposes of providing necessary and immediate assistance to Israel of a value not to exceed $25,000,000. (d) Special authorities Section 614(a)(4) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2364(a)(4) (D) Notwithstanding the limitations in this subsection and in addition to other amounts in this subsection, in fiscal year 2024, the authority of this subsection may be used to authorize the use of up to $1,000,000,000 of funds made available for use under this chapter or the Arms Export Control Act ( 22 U.S.C. 2751 et seq. . (e) Transfer of funds During fiscal year 2024, section 610(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2360 20 per centum 10 per centum 40 per centum 20 per centum 202. Department of Defense stockpiles Section 12001 of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 Public Law 115–141 (1) in paragraph (2) of subsection (a), by striking armor defense articles that are in the inventory of the Department of Defense as of the date of transfer, are intended for use as reserve stocks for Israel, and are located in a stockpile for Israel as of the date of transfer. (2) in subsection (b), by striking at least equal to the fair market value of the items transferred in an amount to be determined by the Secretary of Defense (3) in subsection (c), by inserting after authority of this section , or as far in advance of such transfer as is practicable as determined by the President on a case-by-case basis during extraordinary circumstances impacting the national security of the United States 203. Fiscal year limits on new stockpiles or additions to existing stockpiles located in foreign countries For fiscal year 2024, section 514(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321h(b) 204. General authorities and conditions Unless otherwise provided for by this Act, the additional amounts appropriated to appropriations accounts in this Act shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2024. 205. Limitations None of the amounts appropriated or otherwise made available by this Act may be obligated or expended— (1) in connection with the war in Ukraine; or (2) for assistance to any entity that is— (A) located in the territory of Gaza; or (B) is controlled or influenced by Hamas, Palestinian Islamic Jihad, or any other organization designated by the Secretary of State as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 206. Rule of construction Nothing in this Act may be construed to constitute a specific statutory authorization for the introduction of United States Armed Forces into hostilities or into situations wherein hostilities are clearly indicated by the circumstances. 207. Short title This Act may be cited as the Israel Supplemental Appropriations Act of 2023 October 26, 2023 Read the second time and placed on the calendar

Israel Supplemental Appropriations Act of 2023

Cost Recovery and Expensing Acceleration to Transform the Economy and Jumpstart Opportunities for Businesses and Startups Act or the CREATE JOBS Act This bill allows permanent expensing of qualified property (i.e., property with a recovery period of 20 years or less and that is computer software, water utility property, or film, television, or live theatrical production property). It also modifies depreciation provisions for residential rental property and nonresidential real property. The bill repeals provisions for the amortization of research and experimental expenditures, thus providing for direct expensing of such expenditures.

117 S197 IS: Cost Recovery and Expensing Acceleration to Transform the Economy and Jumpstart Opportunities for Businesses and Startups Act U.S. Senate 2021-02-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 197 IN THE SENATE OF THE UNITED STATES February 3, 2021 Mr. Cruz Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to permanently allow a tax deduction at the time an investment in qualified property is made, and for other purposes. 1. Short title This Act may be cited as the Cost Recovery and Expensing Acceleration to Transform the Economy and Jumpstart Opportunities for Businesses and Startups Act CREATE JOBS Act 2. Permanent full expensing for qualified property (a) In general Paragraph (6) of section 168(k) (6) Applicable percentage For purposes of this subsection, the term applicable percentage . (b) Conforming amendments (1) Section 168(k) (A) in paragraph (2)— (i) in subparagraph (A)— (I) in clause (i)(V), by inserting and (II) in clause (ii), by striking clause (ii) of subparagraph (E), and clause (i) of subparagraph (E). (III) by striking clause (iii), (ii) in subparagraph (B)— (I) in clause (i)— (aa) by striking subclauses (II) and (III), and (bb) by redesignating subclauses (IV) through (VI) as subclauses (II) through (IV), respectively, (II) by striking clause (ii), and (III) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively, (iii) in subparagraph (C)— (I) in clause (i), by striking and subclauses (II) and (III) of subparagraph (B)(i) (II) in clause (ii), by striking subparagraph (B)(iii) subparagraph (B)(ii) (iv) in subparagraph (E)— (I) by striking clause (i), and (II) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively, and (B) in paragraph (5)(A), by striking planted before January 1, 2027, or is grafted before such date to a plant that has already been planted, planted or grafted (2) Section 460(c)(6)(B) of such Code is amended by striking which which has a recovery period of 7 years or less. (c) Effective date The amendments made by this section shall take effect as if included in section 13201 of Public Law 115–97 3. Neutral cost recovery depreciation adjustment for residential rental property and nonresidential real property (a) In general Section 168 (n) Neutral cost recovery depreciation adjustment for residential rental property and nonresidential real property (1) In general In the case of any applicable property, the deduction under this section with respect to such property for any taxable year after the taxable year during which the property is placed in service shall be— (A) the amount determined under this section for such taxable year without regard to this subsection, multiplied by (B) the applicable neutral cost recovery ratio for such taxable year. (2) Applicable neutral cost recovery ratio For purposes of paragraph (1), the applicable neutral cost recovery ratio for the applicable property for any taxable year is the number determined by— (A) dividing— (i) the gross domestic product deflator for the calendar quarter ending in such taxable year which corresponds to the calendar quarter during which the property was placed in service by the taxpayer, by (ii) the gross domestic product deflator for the calendar quarter during which the property was placed in service by the taxpayer, and (B) then multiplying the number determined under subparagraph (A) by the number equal to 1.03 to the nth power where n The applicable neutral cost recovery ratio shall never be less than 1. The applicable neutral cost recovery ratio shall be rounded to the nearest 1/1000 (3) Special rule for existing property In the case of any applicable property which is placed in service before the date of enactment of this subsection, subparagraphs (A)(ii) and (B) of paragraph (2) shall be applied by substituting calendar quarter which includes the date of enactment of this subsection calendar quarter during which the property was placed in service by the taxpayer (4) Gross domestic product deflator For purposes of paragraph (2), the gross domestic product deflator for any calendar quarter is the implicit price deflator for the gross domestic product for such quarter (as shown in the first revision thereof). (5) Election not to have subsection apply This subsection shall not apply to any applicable property if the taxpayer elects not to have this subsection apply to such property. Such an election, once made, shall be irrevocable. (6) Additional deduction not to affect basis or recapture (A) In general The additional amount determined under this section by reason of this subsection shall not be taken into account in determining the adjusted basis of any applicable property or of any interest in a pass-thru entity which holds such property and shall not be treated as a deduction for depreciation for purposes of sections 1245 and 1250. (B) Pass-thru entity defined For purposes of subparagraph (A), the term pass-thru entity (i) a regulated investment company, (ii) a real estate investment trust, (iii) an S corporation, (iv) a partnership, (v) an estate or trust, and (vi) a common trust fund. (7) Applicable property For purposes of this subsection, the term applicable property . (b) Minimum tax treatment Paragraph (1) of section 56(a) (E) Use of neutral cost recovery ratio In the case of property to which section 168(n) applies, the deduction allowable under this paragraph with respect to such property for any taxable year (after the taxable year during which the property is placed in service) shall be— (i) the amount so allowable for such taxable year without regard to this subparagraph, multiplied by (ii) the applicable neutral cost recovery ratio for such taxable year (as determined under section 168(n)). This subparagraph shall not apply to any property with respect to which there is an election in effect not to have section 168(n) apply. . (c) Effective date The amendments made by this section shall apply to property placed in service before, on, or after the date of the enactment of this Act, with respect to taxable years ending on or after such date. 4. Elimination of amortization of research and experimental expenditures (a) In general Subpart A of part III of subtitle C of title I of Public Law 115–97 (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act.

Cost Recovery and Expensing Acceleration to Transform the Economy and Jumpstart Opportunities for Businesses and Startups Act

Protecting Survivors from Traumatic Brain Injury Act of 2023 This bill requires the Centers for Disease Control and Prevention to collect and analyze data about brain injuries resulting from domestic or sexual violence and publish its findings.

118 S3144 IS: Protecting Survivors from Traumatic Brain Injury Act of 2023 U.S. Senate 2023-10-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3144 IN THE SENATE OF THE UNITED STATES October 26, 2023 Ms. Cortez Masto Ms. Ernst Committee on Health, Education, Labor, and Pensions A BILL To protect survivors from brain injury by authorizing the Secretary of Health and Human Services to collect data on the prevalence of brain injuries resulting from domestic and sexual violence. 1. Short title This Act may be cited as the Protecting Survivors from Traumatic Brain Injury Act of 2023 2. Data collection (a) Collection of data on brain injuries related to domestic and sexual violence (1) In general The Secretary of Health and Human Services (referred to in this section as the Secretary (2) Collection In carrying out paragraph (1), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, through existing surveys on domestic or sexual violence, collect data on the prevalence and circumstances surrounding brain injuries due to domestic or sexual violence. The Secretary shall allow for data collection for not fewer than 2 years. (3) Privacy Data shall be collected, stored, and analyzed under this section in a manner that protects individual privacy and confidentiality. (b) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to relevant congressional committees, and post on the website of the Department of Health and Human Services, a report that shall contain— (1) an analysis of the data collected under subsection (a) relating to the connection between domestic and sexual violence and brain injuries; and (2) a description of the steps that the Department of Health and Human Services is taking to increase awareness, increase services, decrease prevalence, and otherwise respond to the public health issue of brain injury that results from domestic and sexual violence. (c) Funding There is authorized to be appropriated such sums as may be necessary to carry out this section. (d) Definition In this section, the term brain injury

Protecting Survivors from Traumatic Brain Injury Act of 2023

IMF Accountability Act of 2023 This bill imposes requirements on U.S. representatives to the International Monetary Fund (IMF) with regard to certain issues involving China, Russia, Iran, North Korea, Cuba, Venezuela, Nicaragua, or Afghanistan while under Taliban control. The President or any U.S. representative to the IMF may not vote to allocate Special Drawing Rights (SDR) to any of these countries unless Congress authorizes such a vote. (The SDR is an international reserve asset maintained by the IMF based on contributions from IMF member countries. SDRs may be exchanged between member countries and may also be exchanged for currencies.) The bill also requires the Department of the Treasury to direct U.S. representatives to the IMF to oppose any proposal that (1) increases the IMF quota of any of these countries, or (2) modifies certain policies if the modification would allow the IMF to provide funding to any of these countries. (A country's quota determines, among other things, that country's voting power in IMF decisions and access to IMF financing.)

118 S3150 IS: IMF Accountability Act of 2023 U.S. Senate 2023-10-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3150 IN THE SENATE OF THE UNITED STATES October 26, 2023 Mr. Scott of Florida Mr. Cruz Committee on Foreign Relations A BILL To prohibit representatives of the United States from voting at the International Monetary Fund for any Special Drawing Rights allocations, quota increases, or policy modifications that would benefit certain countries, and for other purposes. 1. Short title This Act may be cited as the IMF Accountability Act of 2023 2. Prohibition on allocations of Special Drawing Rights by International Monetary Fund for certain countries without congressional authorization Section 6 of the Special Drawing Rights Act ( 22 U.S.C. 286q (c) (1) Unless Congress by law authorizes such action, neither the President nor any person or agency shall on behalf of the United States vote to allocate Special Drawing Rights under article XVIII, sections 2 and 3, of the Articles of Agreement of the Fund to any of the following countries: (A) The People's Republic of China. (B) The Russian Federation. (C) The Islamic Republic of Iran. (D) The Democratic People's Republic of Korea. (E) Cuba. (F) Venezuela. (G) Nicaragua. (H) Afghanistan, while under control of the Taliban. (2) In this paragraph, the term Taliban (A) the entity known as the Taliban, operating in Afghanistan, and designated as a specially designated global terrorist under Executive Order 13224 ( 50 U.S.C. 1701 (B) a successor entity of the entity described in subparagraph (A). . 3. Prohibition on modifications to quotas and policies of the International Monetary Fund that would benefit certain countries (a) In general The Secretary of the Treasury shall direct the United States Executive Director of the International Monetary Fund to use the voice and vote of the United States to oppose any proposal— (1) to increase the quota in the Fund of a country specified in subsection (b); or (2) to modify the exceptional access policy of the Fund if such modification would allow the Fund to provide funding under such policy to any country specified in subsection (b). (b) Countries specified The countries specified in this subsection are the following: (1) The People's Republic of China. (2) The Russian Federation. (3) The Islamic Republic of Iran. (4) The Democratic People's Republic of Korea. (5) Cuba. (6) Venezuela. (7) Nicaragua. (8) Afghanistan, while under control of the Taliban. (c) Taliban defined In this section, the term Taliban (1) the entity known as the Taliban, operating in Afghanistan, and designated as a specially designated global terrorist under Executive Order 13224 ( 50 U.S.C. 1701 (2) a successor entity of the entity described in paragraph (1).

IMF Accountability Act of 2023

More Behavioral Health Providers Act of 2023 This bill provides for additional Medicare payments to health care practitioners who provide services in mental health professional shortage areas for individuals with mental health or substance use disorders. The bill applies to physicians, physician assistants, nurse practitioners, clinical nurse specialists, clinical social workers, clinical psychologists, marriage and family therapists, and mental health counselors.

118 S3157 IS: More Behavioral Health Providers Act of 2023 U.S. Senate 2023-10-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3157 IN THE SENATE OF THE UNITED STATES October 26, 2023 Ms. Stabenow Mr. Daines Committee on Finance A BILL To amend title XVIII of the Social Security Act to expand eligibility for incentives under the Medicare health professional shortage area bonus program to practitioners furnishing mental health and substance use disorder services. 1. Short title This Act may be cited as the More Behavioral Health Providers Act of 2023 2. Expanding eligibility for incentives under the Medicare health professional shortage area bonus program to practitioners furnishing mental health and substance use disorder services Section 1833(m) of the Social Security Act ( 42 U.S.C. 1395l(m) (1) by striking paragraph (1) and inserting the following new paragraph: (1) In the case of— (A) physicians' services (other than specified health services that are eligible for the additional payment under subparagraph (B)) furnished in a year to an individual, who is covered under the insurance program established by this part and who incurs expenses for such services, in an area that is designated (under section 332(a)(1)(A) of the Public Health Service Act) as a health professional shortage area as identified by the Secretary prior to the beginning of such year, in addition to the amount otherwise paid under this part, there also shall be paid to the physician (or to an employer or facility in the cases described in clause (A) of section 1842(b)(6)) (on a monthly or quarterly basis) from the Federal Supplementary Medical Insurance Trust Fund an amount equal to 10 percent of the payment amount for the service under this part; and (B) specified health services (as defined in paragraph (5)) furnished in a year to an individual, who is covered under the insurance program established by this part and who incurs expenses for such services, in an area that is designated (under such section 332(a)(1)(A)) as a mental health professional shortage area as identified by the Secretary prior to the beginning of such year, in addition to the amount otherwise paid under this part, there also shall be paid to the physician or applicable practitioner (as defined in paragraph (6)) (or to an employer or facility in the cases described in clause (A) of section 1842(b)(6)) (on a monthly or quarterly basis) from such Trust Fund an amount equal to 15 percent of the payment amount for the service under this part. ; (2) in paragraph (2)— (A) by striking in paragraph (1) in subparagraph (A) or (B) of paragraph (1) (B) by inserting or, in the case of specified health services, the physician or applicable practitioner physician (3) in paragraph (3), by striking paragraph (1) subparagraph (A) or (B) of paragraph (1) (4) in paragraph (4)— (A) in subparagraph (B), by inserting or applicable practitioner physician (B) in subparagraph (C), by inserting or applicable practitioner physician (5) by adding at the end the following new paragraph: (5) In this subsection, the term specified health services (A) for purposes of diagnosis, evaluation, or treatment of a mental health disorder, as determined by the Secretary; or (B) with a substance use disorder diagnosis for purposes of treatment of such disorder or co-occurring mental health disorder, as determined by the Secretary. (6) In this subsection, the term applicable practitioner (A) A physician assistant, nurse practitioner, or clinical nurse specialist (as defined in section 1861(aa)(5)). (B) A clinical social worker (as defined in section 1861(hh)(1)). (C) A clinical psychologist (as defined by the Secretary for purposes of section 1861(ii)). (D) A marriage and family therapist (as defined in section 1861(lll)(2)). (E) A mental health counselor (as defined in section 1861(lll)(4)). .

More Behavioral Health Providers Act of 2023

Reducing Obesity in Youth Act of 2023 This bill requires the Centers for Disease Control and Prevention, in coordination with the Administration for Children and Families, to award grants to nonprofits, institutions of higher education, or consortia of these entities to promote healthy eating and physical activity and address food insecurity among children in early care and education settings.

118 S3171 IS: Reducing Obesity in Youth Act of 2023 U.S. Senate 2023-10-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3171 IN THE SENATE OF THE UNITED STATES October 31, 2023 Mr. Booker Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to promote healthy eating and physical activity among children. 1. Short title This Act may be cited as the Reducing Obesity in Youth Act of 2023 2. Purposes The purposes of this Act are to— (1) establish a program that will enhance the training and knowledge of early care and education providers and influence practices, policies, and environments in early care and education settings to support healthy eating and physical activity for children ages birth through 5, including by addressing the growing threat of food insecurity; (2) provide support to States on ways to link early care and education programs to nutrition supports; (3) monitor progress of healthy eating and physical activity promotion in early care and education settings; and (4) identify emerging, and expand existing, approaches to engaging families and parents of children ages birth to 5 in healthy eating and physical activity. 3. Healthy Kids Program Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. W Healthy Kids Program 399OO. Grant program to improve healthy eating and physical activity and to address food insecurity among children (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in coordination with the Assistant Secretary for the Administration for Children and Families, shall award 5-year competitive grants to one or more eligible entities to improve healthy eating and physical activity and to address food insecurity among children ages birth through 5 years in early care and education settings. (b) Eligibility To be eligible to receive a grant under subsection (a), an entity shall— (1) be— (A) a nonprofit organization with expertise in early childhood health and childhood obesity prevention; (B) an institution of higher education or research center that employs faculty with relevant expertise and has expertise in training early care and education providers; or (C) a consortium of entities described in subparagraphs (A) and (B) that submit a single application to carry out activities under the grant jointly; and (2) submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (c) Use of funds (1) In general An entity shall use amounts received under a grant under this section to work directly with implementing partners, which may include States, territories, Indian Tribes, municipalities, and nonprofit organizations, to— (A) create sustainable programs to train early care and education providers through direct coaching and peer-learning, access to quality technical assistance, and professional development opportunities that are focused on healthy eating, physical activity, addressing food insecurity, and other topics that support children’s healthy development, as determined by the Director; (B) build State capacity through training, technical assistance, and resources to integrate the promotion of healthy eating and physical activity into existing early care and education programs, systems, and initiatives, including linking early care and education programs to new and existing resources for nutrition supports, with a focus on promoting equity; or (C) test innovative or evidence-informed approaches to promoting healthy habits and healthy child development in early care and education settings, which may include linking early care and education and health care providers, enhancing early care and education staff wellness, enhancing access to quality foods in the early care and education settings, and engaging families of children ages birth to 5 years served in the early care and education programs supported by a grant under this section. (2) Implementing partners In selecting States, territories, Indian tribes, municipalities, or nonprofit organizations to be implementing partners under a grant under this section, a grantee shall ensure that such partners, collectively— (A) serve populations that are racially, ethnically, socioeconomically, and geographically diverse; and (B) represent a mix of rural and urban settings. (3) National independent evaluator From the amounts appropriated to carry out this section, and prior to awarding any grants under paragraph (1), the Director shall enter into a contract with an external entity to create a single, uniform process to— (A) ensure that entities that receive grants under paragraph (1) comply with the requirements of this section; and (B) evaluate the outcomes of the grant activities carried out by each participating entity. (d) Tracking State progress The Director may use amounts appropriated under subsection (f)(2) to enter into contracts with, or award grants to, institutions of higher education, nonprofit organizations, or other entities with relevant monitoring and surveillance expertise, for purposes of— (1) tracking State progress in obesity prevention policies and practices of early care and education programs in States where grantees are present; and (2) measuring changes in food security within exposed groups. (e) Report Not later than 1 year after the completion of the grant program, the Secretary shall submit to Congress a report on the results of the programs, activities, and surveillance carried out under such grant program, including best practices and lessons derived from the experiences of grantees with respect to reducing and preventing food insecurity and obesity and overweight among children ages birth through 5 years in the early care and education settings. (f) Definitions In this section— (1) the term Director (2) the term early care and education (g) Authorization of appropriations There is authorized to be appropriated to carry out this section— (1) $5,000,000 for each of fiscal years 2024 through 2028; and (2) $1,700,000 for fiscal year 2024, to be used to track State progress in obesity prevention and food security policies and practices of early care and education programs in a sentinel set of States as provided for in subsection (d). .

Reducing Obesity in Youth Act of 2023

Curtailing Executive Overcompensation (CEO) Act This bill imposes an excise tax on employers (i.e., business entities) that have at least a 50 to 1 disparity between the wages (including bonuses, stock awards and options) of chief executive officers and the wages paid to their workers. The bill applies to employers that have not less than $100 million in annual gross receipts and $10 million in payroll over a 3 year period. The bill limits such tax to 1% of an employer's gross receipts.

118 S3176 IS: Curtailing Executive Overcompensation (CEO) Act U.S. Senate 2023-11-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3176 IN THE SENATE OF THE UNITED STATES November 1, 2023 Mr. Whitehouse Ms. Warren Mr. Merkley Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to impose an excise tax on excessively disparate wages paid to chief executive officers. 1. Short title This Act may be cited as the Curtailing Executive Overcompensation (CEO) Act 2. Excise tax on excessive chief executive officer pay disparity (a) In general Subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: 50B Pay disparity Sec. 5000E. Excessive pay disparity. 5000E. Excessive pay disparity (a) In general In the case of any employer which is an applicable employer for the calendar year, there is hereby imposed a tax equal to the lesser of— (1) 1 percent of the product of— (A) the pay disparity factor of the applicable employer for the calendar year, and (B) the excess of— (i) amount determined under subsection (c)(2)(A) for such calendar year, over (ii) 5,000 percent of the amount determined under subsection (c)(2)(B) for such calendar year, or (2) 1 percent of the gross receipts (within the meaning of section 448(c)) of such applicable employer. (b) Applicable employer (1) In general For purposes of this section, the term applicable employer (A) has not less than $100,000,000 in gross receipts (within the meaning of section 448(c)) for each of the 3 calendar years preceding such calendar year, and (B) has paid wages in excess of $10,000,000 for each calendar year in the 3-calendar-year period taken into account under subparagraph (A). (2) Aggregation rule For purposes of this section, the rules of subsection (a) and (b) of section 52 shall apply. (3) Predecessors For purposes of paragraph (1)(A), rules similar to the rules of section 448(c)(3)(D) shall apply. (4) Inflation adjustment (A) In general In the case of any calendar year after 2024, the $100,000,000 amount under paragraph (1)(A) and the $10,000,000 amount under paragraph (1)(B) shall each be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2023 calendar year 2016 (B) Rounding The amount of any increase under clause (i) shall be rounded to the nearest multiple of $100,000. (c) Pay disparity factor For purposes of this section— (1) In general The term pay disparity factor (A) the pay disparity ratio of such employer for such calendar year, over (B) 50. (2) Pay disparity ratio The term pay disparity ratio (A) the average qualified wages for the 5-calendar year period ending with such calendar year of the individual who is the highest compensated employee of the applicable employer for such calendar year, to (B) the median wages paid to all applicable employees of the applicable employer for such calendar year. (3) Wages; qualified wages (A) Wages The term wages (B) Qualified wages (i) In general The term qualified wages (I) any elective deferrals (within the meaning of section 402(g)(3)) not included in wages, and (II) any amounts described in section 415(c)(3)(D)(ii) which are not included in wages. (ii) Self-employed individuals and owner-employees In the case of an employee (within the meaning of section 401(c)(1)), the term qualified wages (4) Applicable employee For purposes of this subsection— (A) In general The term applicable employee (B) Inflation adjustment (i) In general In the case of any calendar year after 2024, the $5,000 amount under subparagraph (A)(ii) shall be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2023 calendar year 2016 (ii) Rounding The amount of any increase under clause (i) shall be rounded to the nearest multiple of $100. (d) Joint and several liability If more than one taxpayer is treated as a single employer under this section by reason of subsection (b)(2), then each such taxpayer shall be jointly and severally liable for the tax imposed by subsection (a). (e) Regulations The Secretary shall issue regulations as necessary to prevent avoidance of the purposes of this section, including regulations to prevent the manipulation of the pay disparity factor by changes to the composition of the workforce (including by using the services of contractors rather than employees). . (b) No deduction from income taxes Section 275(a)(6) of the Internal Revenue Code of is amended by inserting 50B, 50A, (c) Clerical amendment The table of chapters for subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Chapter 50B—Pay disparity . (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Curtailing Executive Overcompensation (CEO) Act

Training and Nutrition Stability Act of 2023This bill excludes specific employment and training program allowances, earnings, and payments from income when determining eligibility for the Supplemental Nutrition Assistance Program (SNAP). (Under SNAP, a household must have an income below a certain level to qualify for program benefits.) Examples of programs excluded from income include Workforce Innovation and Opportunity Act (WIOA) programs, vocational rehabilitation programs, and refugee employment programs.This bill also removes the requirement that earnings from on-the-job training be considered earned income for purposes of determining SNAP eligibility.

115 S3190 IS: Training and Nutrition Stability Act of 2023 U.S. Senate 2023-11-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3190 IN THE SENATE OF THE UNITED STATES November 1, 2023 Mrs. Gillibrand Mr. Ricketts Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food and Nutrition Act of 2008 to exclude as income certain payments received by household members from certain employment programs, and for other purposes. 1. Short title This Act may be cited as the Training and Nutrition Stability Act of 2023 2. Exclusion of certain income from employment and training programs (a) In general Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 (1) in subsection (d)— (A) in paragraph (18), by striking and (B) in paragraph (19)(B), by striking the period at the end and inserting ; and (C) by adding at the end the following: (20) any payment, income, allowance, or earnings made to household members derived from— (A) any work program (as defined in section 6(o)(1)), unless the work program is established under— (i) the Post-9/11 Veterans Educational Assistance Improvements Act of 2010 ( Public Law 111–377 (ii) the Harry W. Colmery Veterans Educational Assistance Act of 2017 ( Public Law 115–48 (iii) the COVID–19 Veterans Rapid Retraining Assistance Program; (B) any employment and training program (as defined in paragraph (4) of section 6(d)) established pursuant to that section; (C) any vocational rehabilitation program (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 (D) any refugee employment program established under section 412(c) of the Immigration and Nationality Act ( 8 U.S.C. 1522(c) ; (2) by striking subsection (l); and (3) by redesignating subsections (m) and (n) as subsections (l) and (m), respectively. (b) Conforming amendment Section 6(s)(2) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(s)(2) (m), and (n) and (m)

Training and Nutrition Stability Act of 2023

Choice in Affordable Housing Act of 2023 This bill establishes programs and grants to incentivize landlord participation in the Housing Choice Voucher program (i.e., Section 8 tenant-based housing assistance). The bill authorizes the Department of Housing and Urban Development (HUD) to provide one-time incentive payments to landlords, security deposit payments, bonuses to public housing agencies that employ landlord liaisons, and amounts for other recruitment purposes. The bill also reauthorizes through FY2028 the Tribal Housing and Urban Development-Veterans Affairs Supportive Housing program. Additionally, the bill allows dwelling units to meet Housing Choice Voucher program inspection requirements by satisfactory inspection through participation in other housing programs. Landlords not yet participating in a low-income housing assistance program may request inspection by a public housing agency to determine whether the dwelling meets requirements prior to selection by a tenant. Finally, HUD must expand the use of an alternative method of calculating fair market rent for purposes of the Housing Choice Voucher program.

118 S32 IS: Choice in Affordable Housing Act of 2023 U.S. Senate 2023-01-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 32 IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Coons Mr. Cramer Mr. Warnock Ms. Smith Mr. Moran Committee on Banking, Housing, and Urban Affairs A BILL To increase the number of landlords participating in the Housing Choice Voucher program. 1. Short title This Act may be cited as the Choice in Affordable Housing Act of 2023 2. Definitions In this Act— (1) the term Housing Choice Voucher program 42 U.S.C. 1437f(o) (2) the term Secretary (3) the term Tribal Housing and Urban Development-Veterans Affairs Supportive Housing program Tenant-based rental assistance Public and Indian Housing Public Law 113–235 Tribal HUD–VASH 3. Findings Congress finds the following: (1) The Housing Choice Voucher program is the Federal Government's largest program helping low-income families, the elderly, and persons with disabilities to afford decent, safe, and sanitary housing in the private market. (2) The Housing Choice Voucher program is proven to have positive impacts on voucher holders, including increased housing stability, reduced homelessness, and children lifted out of poverty. (3) As a public-private partnership, the Housing Choice Voucher program relies on the willingness of private landlords to accept vouchers. (4) Landlord participation is declining in the Housing Choice Voucher program, with an average of 10,000 housing providers leaving the program each year between 2010 and 2016. (5) Landlord participation is especially lacking in high-opportunity neighborhoods (6) The Secretary has conducted and continues to conduct research on landlord participation in the Housing Choice Voucher program. (7) The Moving to Work demonstration program of the Department of Housing and Urban Development has given participating public housing agencies the ability to test innovative strategies to incentivize landlords to accept vouchers. (8) Indian Tribes and tribally designated housing entities, which do not participate in the Housing Choice Voucher program, benefit from the Tribal Housing and Urban Development-Veterans Affairs Supportive Housing program, which provides rental assistance to Native American veterans who are experiencing or at risk of experiencing homelessness. 4. Sense of Congress It is the sense of Congress that the Housing Choice Voucher program should be improved to increase the number of landlords, particularly landlords with units in high-opportunity neighborhoods, who accept vouchers in order to expand housing choice and opportunity, and further fair housing. 5. Incentivizing landlord participation in Housing Choice Voucher program (a) One-Time incentive payments Section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) (22) One-time incentive payments (A) Definition In this paragraph, the term eligible unit (i) is located in a census tract with a poverty rate of less than 20 percent; and (ii) has not previously been subject to a housing assistance payment contract under this subsection. (B) Incentive payment authority (i) In general To incentivize landlords who own dwelling units in low-poverty areas to enter into housing assistance payment contracts under this subsection, the Secretary shall provide assistance under this paragraph to public housing agencies to be used to offer a one-time payment directly to the owner of an eligible unit entering into a housing assistance payment contract with the public housing agency for the eligible unit. (ii) Amount The amount of an incentive payment made to an eligible owner under clause (i) may not exceed 200 percent of the monthly housing assistance payment made to the eligible owner for the eligible unit. (iii) Conditions permitted Subject to paragraph (7), a public housing agency may require the owner of an eligible unit, as a condition of receiving an incentive payment under clause (i), to commit to lease the eligible unit to tenants assisted under this subsection for more than 1 year. (iv) Limit The owner of an eligible unit may not receive more than 1 incentive payment under clause (i), regardless of— (I) the number of eligible units owned by the owner; or (II) the number of public housing agencies with which the owner has entered into housing assistance payment contracts. . (b) Security deposit payments Section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) (23) Security deposit payments (A) Security deposit payment authority The Secretary shall provide assistance to public housing agencies to be used to pay the owner of a dwelling unit assisted under this subsection for a security deposit, or a substantial portion thereof, on behalf of the tenant of the dwelling unit in accordance with subparagraph (B). (B) Minimum PHA requirements A public housing agency that receives assistance from the Secretary under subparagraph (A) shall administer the assistance in accordance with the following conditions: (i) The public housing agency shall pay the owners of dwelling units assisted under this subsection for a security deposit, or a substantial portion thereof, in an amount determined by the public housing agency, on behalf of the tenants of the dwelling units. (ii) In making payments to owners of dwelling units under clause (i), the public housing agency shall give priority to owners of dwelling units occupied by extremely low-income families. (iii) The owner of a dwelling unit may deduct amounts from a security deposit payment received under clause (i) to cover damages beyond normal wear and tear caused by the tenant of the dwelling unit, any member of the tenant’s household, or any guest or other person under the tenant’s control. (iv) The public housing agency shall conduct a damage claims process whereby— (I) in order to deduct amounts from a security deposit payment received under clause (i), the owner of a covered dwelling unit must submit a claim to the public housing agency with an itemized list of damages and evidence and request reimbursement; and (II) the tenant of a covered dwelling unit may refute a claim submitted under subclause (I). (v) The public housing agency shall— (I) establish an amount of repair costs for which a tenant will be responsible; and (II) notify a tenant, upon the tenant entering into a lease for a dwelling unit assisted under this subsection, of the amount described in subclause (I). (vi) The public housing agency may determine what action to take if a tenant demonstrates an inability to pay the amount of repair costs for which the tenant is responsible under clause (v). (vii) At the end of a tenant's occupancy of a dwelling unit assisted under this subsection, the landlord shall return to the public housing agency any unused amount of a security deposit payment received under clause (i). (C) Rule of construction Nothing in subparagraph (B) shall be construed to prohibit a public housing agency from establishing additional conditions for the administration of assistance received under subparagraph (A) in accordance with applicable State and local laws. . (c) Landlord liaison bonus payments Section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) (24) Landlord liaison bonus payments (A) In general Each year, the Secretary shall award 1 bonus payment to each public housing agency that employs, contracts with a service partner that employs, or demonstrates an intent to employ or contract with a service partner that employs, not less than 1 dedicated landlord liaison whose duties include, with respect to the tenant-based assistance program under subsection (o)— (i) conducting landlord outreach, recruitment, and retention; (ii) educating and training landlords regarding the program; and (iii) operating a phone hotline, online portal, monitored email address, or other mechanism designated by the Secretary for landlord questions and concerns regarding the program. (B) Demonstrating compliance The Secretary shall determine how a public housing agency may demonstrate that it offers or intends to offer a landlord liaison service for purposes of subparagraph (A). (C) Amount The Secretary shall establish an amount for the landlord liaison bonus payment authorized under subparagraph (A) that— (i) may vary by region; (ii) does not exceed the 150 percent of the average cost of employing, or contracting with a service partner that employs, such a landlord liaison, based on local market conditions; and (iii) is sufficient to incentivize public housing agencies to employ, or contact with a service partner that employs, such a landlord liaison. . (d) Housing Partnership Fund Section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (ee) Herschel Lashkowitz Housing Partnership Fund (1) Establishment The Secretary shall establish a fund, to be known as the Herschel Lashkowitz Housing Partnership Fund (2) Authorized uses The Secretary shall use amounts from the Housing Partnership Fund for— (A) incentive payments under subsection (o)(22); (B) security deposit payments under subsection (o)(23); (C) landlord liaison bonus payments under subsection (o)(24); and (D) other uses, as determined by a public housing agency and approved by the Secretary, designed primarily— (i) to recruit owners of dwelling units, particularly dwelling units in census tracts with a poverty rate of less than 20 percent, to enter into housing assistance payment contracts under subsection (o); and (ii) to ensure that owners that enter into housing assistance payment contracts as described in clause (i) of this subparagraph continue to lease their dwelling units to tenants assisted under subsection (o). (3) Reports The Secretary shall require a public housing agency that receives assistance from the Herschel Lashkowitz Housing Partnership Fund to submit an annual report to the Secretary on the use of the assistance. (4) Authorization of additional appropriations There is authorized to be appropriated for deposit in the Herschel Lashkowitz Housing Partnership Fund $100,000,000 for each of fiscal years 2024 through 2028, to remain available until expended. . 6. Tribal HUD–VASH authorization of appropriations There is authorized to be appropriated to the Secretary of Housing and Urban Development $7,000,000 for each of fiscal years 2024 through 2028 for the Tribal Housing and Urban Development-Veterans Affairs Supportive Housing program. 7. Housing quality standards (a) Satisfaction of inspection requirements through participation in other housing programs Section 8(o)(8) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(8) Public Law 114–201 (I) Satisfaction of inspection requirements through participation in other housing programs (i) Low-income housing tax credit-financed buildings A dwelling unit shall be deemed to meet the inspection requirements under this paragraph if— (I) the dwelling unit is in a building, the acquisition, rehabilitation, or construction of which was financed by a person who received a low-income housing tax credit under section 42 (II) the dwelling unit was physically inspected and passed inspection as part of the low-income housing tax credit program described in subclause (I) during the preceding 12-month period; and (III) the applicable public housing agency is able to obtain the results of the inspection described in subclause (II). (ii) HOME Investment Partnerships Program A dwelling shall be deemed to meet the inspection requirements under this paragraph if— (I) the dwelling unit is assisted under the HOME Investment Partnerships Program under title II of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12721 et seq. (II) the dwelling unit was physically inspected and passed inspection as part of the program described in subclause (I) during the preceding 12-month period; and (III) the applicable public housing agency is able to obtain the results of the inspection described in subclause (II). (iii) Rural Housing Service A dwelling unit shall be deemed to meet the inspection requirements under this paragraph if— (I) the dwelling unit is assisted by the Rural Housing Service of the Department of Agriculture; (II) the dwelling unit was physically inspected and passed inspection in connection with the assistance described in subclause (I) during the preceding 12-month period; and (III) the applicable public housing agency is able to obtain the results of the inspection described in subclause (II). (iv) Rule of construction Nothing in clause (i), (ii), or (iii) shall be construed to affect the operation of a housing program described in, or authorized under a provision of law described in, that clause. . (b) Pre-Approval of units Section 8(o)(8)(A) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(8)(A) (iv) Initial inspection prior to lease agreement (I) Definition In this clause, the term new landlord (II) Early inspection Upon the request of a new landlord, a public housing agency may inspect the dwelling unit owned by the new landlord to determine whether the unit meets the housing quality standards under subparagraph (B) before the unit is selected by a tenant assisted under this subsection. (III) Effect An inspection conducted under subclause (II) that determines that the dwelling unit meets the housing quality standards under subparagraph (B) shall satisfy this subparagraph and subparagraph (C) if the new landlord enters into a lease agreement with a tenant assisted under this subsection not later than 60 days after the date of the inspection. (IV) Information when family is selected When a public housing agency selects a family to participate in the tenant-based assistance program under this subsection, the public housing agency shall include in the information provided to the family a list of dwelling units that have been inspected under subclause (II) and determined to meet the housing quality standards under subparagraph (B). . 8. Small area fair market rent (a) Use of small area fair market rent Section 8(o)(1) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(1) (F) Small area fair market rent (i) Definitions In this subparagraph— (I) the term metropolitan area (II) the term small area fair market rent (ii) Use of small area fair market rent Notwithstanding subsection (c) or any other provision of this subsection, not later than 3 years after the date of enactment of this subparagraph, the Secretary shall designate a number of metropolitan areas in which public housing agencies are required to use the small area fair market rent to determine the fair market rental for dwelling units for purposes of tenant-based assistance under this subsection that is not less than 3 times the number of metropolitan areas so designated in the final rule of the Secretary entitled Establishing a More Effective Fair Market Rent System; Using Small Area Fair Market Rents in the Housing Choice Voucher Program Instead of the Current 50th Percentile FMRs (iii) Hold harmless If the application of clause (ii) would cause a decrease in the payment standard used to calculate the amount of tenant-based assistance provided to a family under this subsection, a public housing agency shall continue to use the existing higher payment standard to calculate the amount of such assistance for the family for as long as the family continues to receive such assistance in the same dwelling unit. . (b) Conforming amendment Section 8(o)(1)(B) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(1)(B) subsection (c) (subject to subparagraph (F) of this paragraph) 9. Section 8 Management Assessment Program (a) Definition In this section, the term Section 8 Management Assessment Program (b) Deconcentration of participating dwelling units The Secretary shall explore ways to reform and modernize the Section 8 Management Assessment Program to assess public housing agencies in a manner that promotes— (1) positive interactions with landlords, including timely payment of rent and identification of the dwelling unit for which a subsidy payment is being made; and (2) an increase in the diversity of areas where dwelling units are leased to support voucher holders who want to access to low-poverty, integrated neighborhoods. (c) Rule of construction Nothing in subsection (b) shall be construed to prevent the Secretary from— (1) reforming the Section 8 Management Assessment Program to assess public housing agencies in other areas of performance; or (2) reforming the Section 8 Management Assessment Program in any other manner, at the discretion of the Secretary. 10. Annual report on effectiveness of Act (a) Definitions In this section— (1) the term appropriate congressional committees (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate; (C) the Committee on Financial Services of the House of Representatives; and (D) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives; and (2) the term high-opportunity area (A) shall be defined by the Secretary for purposes of this section; and (B) does not include any census tract in which the poverty rate is equal to or greater than 20 percent. (b) Report Not later than 1 year after the date of enactment of this Act, and annually thereafter for 5 total years, the Secretary shall submit to the appropriate congressional committees and make publicly available a report that— (1) evaluates the effectiveness of this Act and the amendments made by this Act in recruiting and retaining landlords who accept vouchers under the Housing Choice Voucher program, particularly landlords with dwelling units in high-opportunity neighborhoods; and (2) includes— (A) the number of landlords in the United States who accept housing choice vouchers under the Housing Choice Voucher program and the number of dwelling units assisted under the Housing Choice Voucher program; (B) any net changes to the number of landlords or dwelling units described in subparagraph (A) during the preceding year; (C) the number of landlords described in subparagraph (A) who own disability-accessible dwelling units assisted under the Housing Choice Voucher program and the number of those dwelling units; and (D) the number of landlords described in subparagraph (A) who own dwelling units assisted under the Housing Choice Voucher program in high-opportunity areas and the number of those dwelling units.

Choice in Affordable Housing Act of 2023

Stop the Wait Act of 2023 This bill allows individuals with disabilities to begin receiving Social Security Disability Insurance (SSDI) benefits in the month they become eligible for the benefits. It also allows these individuals to immediately enroll in Medicare if they cannot afford minimum essential coverage. (Under current law, an individual must generally wait 5 months after the onset of disability to begin receiving SSDI benefits and an additional 24 months to become eligible for Medicare.)

118 S320 IS: Stop the Wait Act of 2023 U.S. Senate 2023-02-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 320 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Casey Mrs. Murray Mr. Sanders Mr. Brown Ms. Stabenow Ms. Warren Mr. Reed Mr. Markey Mrs. Shaheen Ms. Hirono Ms. Duckworth Mr. Padilla Committee on Finance A BILL To amend titles II and XVIII of the Social Security Act to eliminate the disability insurance benefits waiting period for individuals with disabilities, and for other purposes. 1. Short title This Act may be cited as the Stop the Wait Act of 2023 2. Elimination of disability waiting period for social security disability insurance benefits (a) Elimination of waiting period for disability insurance benefits Section 223 of the Social Security Act ( 42 U.S.C. 423 (1) in subsection (a)— (A) in paragraph (1), in the matter following subparagraph (E)— (i) by striking disability insurance benefit (i) for each month , or (iii) disability insurance benefit (ii) by striking , but only if under such disability (B) in paragraph (2), by striking as though he had attained age 62 in— such disability insurance benefits, as though the individual had attained age 62 in the first month for which the individual becomes entitled to such disability insurance benefits, (2) in subsection (c)— (A) in the subsection heading, by striking Definitions of Insured Status and Waiting Period Definition of Insured Status (B) by striking For purposes of this section in any month if— 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) subparagraph (A) (F) in the matter following subparagraph (C) (as so redesignated), by striking subparagraph (B) of this paragraph this paragraph (b) Phase-Down of waiting period for disability insurance benefits For 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) (1) For applications filed in calendar year 2023, 2024, or 2025, substitute three five fifteenth seventeenth (2) For applications filed in calendar year 2026, substitute two five fourteenth seventeenth (3) For applications filed in calendar year 2027, substitute one five thirteenth seventeenth (c) Effective date The 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 Effective January 1, 2028: (1) Section 223(a)(1)(A) of the Social Security Act ( 42 U.S.C. 423(a)(1)(A) (c)(1) (c) (2) Section 7(d)(3) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231f(d)(3) 223(c)(1) 223(c) 3. Medicare eligibility for certain individuals during waiting period for Social Security Disability Insurance benefits (a) Elimination of waiting period for certain individuals without minimum essential coverage (1) In general Section 226 the Social Security Act ( 42 U.S.C. 426 (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 (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) 8 percent 8.5 percent . (2) Conforming amendments Section 1811 of the Social Security Act ( 42 U.S.C. 1395c (A) by striking 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 Section 1837 of the Social Security Act ( 42 U.S.C. 1395p (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 .

Stop the Wait Act of 2023

Stop Arctic Ocean Drilling Act of 2023 This bill prohibits the Department of the Interior from issuing or extending a lease or any other authorization for the exploration, development, or production of oil, natural gas, or any other mineral in the Arctic areas of the Outer Continental Shelf.

118 S3201 IS: Stop Arctic Ocean Drilling Act of 2023 U.S. Senate 2023-11-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3201 IN THE SENATE OF THE UNITED STATES November 2, 2023 Mr. Merkley Mr. Markey Ms. Warren Mr. Wyden Mr. Blumenthal Mr. Welch Mr. Sanders Mr. Menendez Committee on Energy and Natural Resources A BILL To prohibit drilling in the Arctic Ocean. 1. Short title This Act may be cited as the Stop Arctic Ocean Drilling Act of 2023 2. Prohibition of oil and gas leasing in Arctic areas of the outer Continental Shelf Section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 (q) Prohibition of oil and gas leasing in Arctic areas of the outer Continental Shelf (1) Definition of Arctic In this subsection, the term Arctic 15 U.S.C. 4111 (2) Prohibition Notwithstanding any other provision of this Act or any other law, the Secretary of the Interior shall not issue or extend a lease or any other authorization for the exploration, development, or production of oil, natural gas, or any other mineral on Arctic areas of the outer Continental Shelf. .

Stop Arctic Ocean Drilling Act of 2023

Paperwork Burden Reduction Act This bill modifies provisions under the Patient Protection and Affordable Care Act so that employers and health insurance providers are no longer required to send tax forms to covered individuals showing proof of minimum essential coverage (1095-B and 1095-C tax forms) unless a form is requested. Currently, employers and health insurance providers that provide minimum essential coverage must report this information for each covered individual to the Internal Revenue Service (IRS) and provide a copy of this information to the covered individual (through 1095-B and 1095-C tax forms) by January 31 of each year. The IRS allows for 1095-B tax forms, which are sent by certain health insurance providers and employers, to be made available to individuals only upon request. The bill provides statutory authority for this flexibility and extends this flexibility to 1095-C tax forms, which are sent by certain large employers. Such requests must be fulfilled by January 31 or 30 days after the date of the request, whichever is later. Employers and health insurance providers must give individuals timely notice of this option, in accordance with any requirements set by the IRS.

118 S3202 IS: Paperwork Burden Reduction Act U.S. Senate 2023-11-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3202 IN THE SENATE OF THE UNITED STATES November 2, 2023 Mr. Thune Mr. Warner Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide an alternative manner of furnishing certain health insurance coverage statements to individuals. 1. Short title This Act may be cited as the Paperwork Burden Reduction Act 2. Alternative manner of furnishing certain health insurance coverage statements to individuals (a) Reporting of health insurance coverage Section 6055(c) (3) Alternative manner of furnishing statements For purposes of this subsection, any person required to make a return under subsection (a) shall be treated as timely furnishing the written statement required under paragraph (1) if— (A) such person provides clear, conspicuous, and accessible notice (at such time and in such manner as the Secretary may provide) that any individual to whom a statement would otherwise be required to be furnished under paragraph (1) may request a copy of such statement, and (B) such person, on request of any such individual, furnishes a copy of such statement to such individual not later than the later of— (i) January 31 of the year following the calendar year for which the return under subsection (a) was required to be made, or (ii) 30 days after the date of such request. . (b) Certain employers required To report on health insurance coverage Section 6056(c) of such Code is amended by adding at the end the following new paragraph: (3) Alternative manner of furnishing statements For purposes of this subsection, any person required to make a return under subsection (a) shall be treated as timely furnishing the written statement required under paragraph (1) if— (A) such person provides clear, conspicuous, and accessible notice (at such time and in such manner as the Secretary may provide) that any individual to whom a statement would otherwise be required to be furnished under paragraph (1) may request a copy of such statement, and (B) such person, on request of any such individual, furnishes a copy of such statement to such individual not later than the later of— (i) January 31 of the year following the calendar year for which the return under subsection (a) was required to be made, or (ii) 30 days after the date of such request. . (c) Effective date The amendments made by this section shall apply to statements with respect to returns for calendar years after 2023.

Paperwork Burden Reduction Act

Employer Reporting Improvement Act This bill modifies provisions under the Patient Protection and Affordable Care Act that require employers and health insurance providers to prepare tax forms showing proof of minimum essential coverage (1095-B and 1095-C tax forms). Currently, employers and health insurance providers that provide minimum essential coverage must report this information for each covered individual to the Internal Revenue Service (IRS), including the covered individual's Tax Identification Number (TIN). Employers and providers must also send a copy of this information to the covered individual (through 1095-B and 1095-C tax forms) by January 31 of each year. The IRS allows for an individual's date of birth to be substituted for the individual's TIN if the TIN is not available. The IRS also allows employers and providers to offer 1095-B and 1095-C tax forms to individuals electronically. The bill provides statutory authority for these flexibilities. Additionally, under current law, large employers (generally those with 50 or more full-time employees) are subject to an assessment by the IRS if they do not offer affordable minimum essential coverage. The bill requires the IRS to give large employers at least 90 days to respond after sending its first letter about a proposed assessment (Currently, the IRS generally gives 30 days to respond.) It also establishes a six-year statute of limitations for collecting assessments.

118 S3204 IS: Employer Reporting Improvement Act U.S. Senate 2023-11-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3204 IN THE SENATE OF THE UNITED STATES November 2, 2023 Mr. Warner Mr. Young Ms. Cortez Masto Mr. Thune Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to streamline and improve the employer reporting process relating to health insurance coverage and to protect dependent privacy. 1. Short title This Act may be cited as the Employer Reporting Improvement Act 2. TIN (a) In general Section 6055(b)(1) For purposes of subparagraph (B)(i), in the case of any individual whose name is required to be set forth in a return under subsection (a), if the person required to make a return under such subsection is unable to collect information on the TIN of such individual, the Secretary may allow the individual’s full name and date of birth to be substituted for the name and TIN. . (b) Effective date The amendment made by this section shall apply to returns the due date for which is after December 31, 2024. 3. Electronic statements (a) In general Section 6056(c) (3) Electronic delivery An individual shall be deemed to have consented to receive the statement under this subsection in electronic form if such individual has affirmatively consented at any prior time, to the person who is the employer of the individual during the calendar year to which the statement relates, to receive such statement in electronic form. The preceding sentence shall not apply if the individual revokes such consent in writing. . (b) Statements relating to health insurance coverage Section 6055(c) (3) Electronic delivery An individual shall be deemed to have consented to receive the statement under this subsection in electronic form if such individual has affirmatively consented at any prior time, to the person required to make such statement, to receive such statement in electronic form. The preceding sentence shall not apply if the individual revokes such consent in writing. . (c) Effective date The amendments made by this section shall apply to statements the due date for which is after December 31, 2024. 4. Time for response (a) In general Section 4980H(d) (4) Time for response The Secretary shall allow an applicable large employer at least 90 days from the date of the first letter which informs the employer of a proposed assessment of the employer shared responsibility payment under this section to respond to the proposed assessment before taking any further action with respect to such proposed assessment. . (b) Effective date The amendment made by this section shall apply to assessments proposed in taxable years beginning after the date of the enactment of this Act. 5. Statute of limitations on penalty assessment (a) In general Section 6501 (n) Assessable payment of employer shared responsibility In the case of any assessable payment under section 4980H, the period for assessment shall expire at the end of the 6-year period beginning on the due date for filing the return under section 6056 (or, if later, the date such return was filed) for the calendar year with respect to which such payment is determined. . (b) Effective date The amendments made by this section shall apply with respect to returns which are due after December 31, 2024.

Employer Reporting Improvement Act

Federal Artificial Intelligence Risk Management Act of 2023 This bill directs federal agencies to use the Artificial Intelligence Risk Management Framework developed by the National Institute of Standards and Technology (NIST) regarding the use of artificial intelligence (AI). Specifically, the bill requires NIST to issue guidelines for agencies to incorporate the framework into their AI risk management efforts, which shall, among other things provide standards, practices, and tools consistent with the framework and how they can leverage the framework to reduce risks to people and the planet for agency implementation in the development, procurement, and use of AI; specify appropriate cybersecurity strategies and the installation of effective cybersecurity tools to improve security of AI systems; and set minimum requirements for developing profiles for agency use of AI. The Office of Management and Budget (OMB) must issue guidance requiring federal agencies to incorporate the framework and the guidelines into their AI risk management efforts. The Government Accountability Office shall study the impact of the application of the framework on agency use of AI. The OMB must (1) periodically report to Congress on agency implementation and conformity to the framework, and (2) establish an initiative to provide expertise on AI pursuant to requests by agencies. NIST shall (1) complete a study to review the existing and forthcoming voluntary consensus standards for the testing, evaluation, verification, and validation of AI acquisitions; and (2) convene relevant stakeholders to develop such standards and take other specified steps.

118 S3205 IS: Federal Artificial Intelligence Risk Management Act of 2023 U.S. Senate 2023-11-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3205 IN THE SENATE OF THE UNITED STATES November 2, 2023 Mr. Moran Mr. Warner Committee on Homeland Security and Governmental Affairs A BILL To require Federal agencies to use the Artificial Intelligence Risk Management Framework developed by the National Institute of Standards and Technology with respect to the use of artificial intelligence. 1. Short title This Act may be cited as the Federal Artificial Intelligence Risk Management Act of 2023 2. Agency use of artificial intelligence (a) Definitions In this section: (1) Administrator The term Administrator (2) Agency The term agency (3) Artificial intelligence The term artificial intelligence 15 U.S.C. 9401 (4) Director The term Director (5) Framework The term framework Artificial Intelligence Risk Management Framework (6) Playbook The term playbook (7) Profile The term profile (b) Requirements for agency use of artificial intelligence (1) OMB Guidance Not later than 180 days after the date on which the Director of the National Institute of Standards and Technology issues guidelines under paragraph (2), the Director of the Office of Management and Budget shall issue guidance requiring agencies to incorporate the framework and the guidelines into their artificial intelligence risk management efforts, consistent with such guidelines. (2) NIST Guidelines Not later than 1 year after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall, in consultation with the Administrator, issue guidance for agencies to incorporate the framework into the artificial intelligence risk management efforts of the agency, which shall— (A) provide standards, practices, and tools consistent with the framework and how they can leverage the framework to reduce risks to people and the planet for agency implementation in the development, procurement, and use of artificial intelligence; (B) specify appropriate cybersecurity strategies and the installation of effective cybersecurity tools to improve security of artificial intelligence systems; (C) provide standards— (i) that are consistent with the framework and Circular A–119 of the Office of Management and Budget; (ii) that are tailored to risks that could endanger people and the planet; and (iii) which a supplier of artificial intelligence for the agency must attest to meet before the head of an agency may procure artificial intelligence from that supplier; (D) recommend training on the framework and the guidelines for each agency responsible for procuring artificial intelligence; (E) set minimum requirements for developing profiles for agency use of artificial intelligence consistent with the framework; and (F) develop profiles for framework use for an entity that is a small business concern (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 (3) Additional requirements (A) Draft contract language The Administrator shall, in consultation with the Director, provide draft contract language for each agency to use in procurement that requires a supplier of artificial intelligence— (i) to adhere to certain actions that are consistent with the framework; and (ii) to provide appropriate access to data, models, and parameters, as defined by the Director, to enable sufficient test and evaluation, verification, and validation. (B) Templates The Director of the Office of Management and Budget shall, in consultation with the Director, provide a template for agency use on the guidance issued under paragraph (1) that includes recommended procedures for implementation. (4) Conforming requirement The head of each agency shall conform any policy, principle, practice, procedure, or guideline governing the design, development, implementation, deployment, use, or evaluation of an artificial intelligence system by the agency to the framework and to the guidance issued under paragraph (1). (5) Supporting material In carrying out paragraph (4), the head of each agency may use the supporting materials of the framework, including the playbook. (6) Study Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on the impact of the application of the framework on agency use of artificial intelligence. (7) Reporting requirement Not later than 1 year after the date of the enactment of this Act, and not less frequently than once every 3 years thereafter, the Director of the Office of Management and Budget shall submit to Congress a report on agency implementation of and conformity to the framework. (8) Exception for national security systems Nothing in this subsection shall apply to a national security system (as defined in section 3552 of title 44, United States Code). (c) Requirements for agency procurement of artificial intelligence Not later than 1 year after the issuance of guidance pursuant to subsection (b)(1), the Federal Acquisition Regulatory Council shall promulgate regulations that provide for— (1) the requirements for the acquisition of artificial intelligence products, services, tools, and systems, to include risk-based compliance with the framework; and (2) solicitation provisions and contract clauses that include references to the requirements described in paragraph (1) and the framework for use in artificial intelligence acquisitions. (d) Artificial intelligence workforce (1) In general Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall, in consultation with the Administrator of the General Services Administration, establish an initiative to provide to agencies expertise on artificial intelligence pursuant to requests for such expertise by the heads of such agencies. (2) Elements The initiative established pursuant to paragraph (1) shall include the following: (A) The recruitment and hiring of interdisciplinary experts who can assist agencies in the development, procurement, use, and assessment of artificial intelligence tools. (B) A process for establishing development and deployment guidelines and tools for managing artificial intelligence risks under which the initiative can assist agencies. (C) Consultation with existing initiatives, including United States Digital Service and the technology transformation services of the General Services Administration, to incorporate best practices for assisting agencies in the development, procurement, use, and assessment of artificial intelligence tools. (e) Testing and evaluation of artificial intelligence (1) Study Not later than 90 days after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall complete a study to review the existing and forthcoming voluntary consensus standards for the test, evaluation, verification, and validation of artificial intelligence acquisitions. (2) Development of voluntary consensus standards Not later than 90 days after the date of the completion of the study required by paragraph (1), the Director shall— (A) convene relevant stakeholders to develop voluntary consensus standards for the test, evaluation, verification, and validation of artificial intelligence acquisitions; (B) upon completion of the standards described in subparagraph (A) or within 1 year, whichever is sooner— (i) develop methods and principles, based on the standards described in subparagraph (A), for the conduct of test, evaluation, verification, and validation of artificial intelligence acquisitions; (ii) establish the resources for the conduct of test, evaluation, verification, and validation of artificial intelligence acquisitions; (iii) monitor and review all test, evaluation, verification, and validation of artificial intelligence acquisitions; and (iv) review and make recommendations to the head of each agency of risks to people and the plant on relevant artificial intelligence acquisitions; and (C) continuously update the methods and principles described in subparagraph (B)(i) based on evolving voluntary consensus standards.

Federal Artificial Intelligence Risk Management Act of 2023

Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2023 This bill extends federal firearms-related restrictions to individuals who are convicted of a misdemeanor crime of stalking. The term misdemeanor crime of stalking means an offense that is a misdemeanor under federal, state, tribal, or local law and has a course of harassment, intimidation, or surveillance that (1) causes emotional distress, or (2) places a person in reasonable fear of harm to themselves, an immediate family member, an individual who shares or has shared a residence, an intimate partner, or a pet. The term intimate partner includes an individual who is or was in a dating relationship with the person or any other individual similarly situated to a spouse. Additionally, the bill extends federal firearms-related restrictions to individuals who are subject to a court order restraining them from harassing, stalking, or threatening an individual who is in a current or former dating relationship with them or who is similarly situated to a spouse. Currently, federal firearms-related restrictions generally only apply to individuals who are subject to a court order restraining them from harassing, stalking, or threatening a co-parent of a child, a current or former spouse, or a current or former cohabitant.

118 S321 IS: Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2023 U.S. Senate 2023-02-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 321 IN THE SENATE OF THE UNITED STATES February 9, 2023 Ms. Klobuchar Mrs. Feinstein Ms. Hirono Committee on the Judiciary A BILL To amend title 18, United States Code, to define intimate partner to include someone with whom there is or was a dating relationship, and for other purposes. 1. Short title This Act may be cited as the Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2023 2. Addressing intimate partner violence (a) Inclusion of current and former dating partners in definition of intimate partner Section 921(a) of title 18, United States Code, is amended— (1) in paragraph (32)— (A) by striking and an individual an individual (B) by inserting before the period at the end the following: , an individual who is or was in a dating relationship with the person, or any other individual similarly situated to a spouse, including an individual who is protected by the domestic or family violence laws of the State or Tribal jurisdiction in which the abuse occurred or the victim resides (2) by striking paragraph (37)(A) and inserting the following: (37) (A) The term dating relationship ; and (3) in paragraph (37)(C), by striking dating relationship continuing serious relationship (b) New prohibitor for misdemeanor crimes of stalking Chapter 44 (1) in section 921(a), by adding at the end the following: (38) (A) Except as provided in subparagraphs (B) and (C), the term misdemeanor crime of stalking (i) is a misdemeanor under Federal, State, Tribal, or local law; and (ii) has, as an element, a course of harassment, intimidation, or surveillance that— (I) places a person in reasonable fear of actual harm to the health or safety of— (aa) that person; (bb) an immediate family member (as defined in section 115) of that person; (cc) an individual who shares or has shared a residence with that person, without regard to whether the individual is related to that person; (dd) an intimate partner of that person; or (ee) the pet, service animal, or emotional support animal (as those terms are defined in section 2266) of that person; or (II) causes, attempts to cause, or would reasonably be expected to cause emotional distress to a person described in item (aa), (bb), (cc), or (dd) of subclause (I). (B) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless— (i) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and (ii) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either— (I) the case was tried by a jury; or (II) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise. (C) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. ; and (2) in section 922— (A) in subsection (d)— (i) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively; (ii) by inserting after paragraph (9) the following: (10) has been convicted in any court of a misdemeanor crime of stalking; ; and (iii) in paragraph (12), as so redesignated, by striking (10) (11) (B) in subsection (g)— (i) in paragraph (8), by striking or (ii) in paragraph (9), by striking the comma at the end and inserting ; or (iii) by inserting after paragraph (9) the following: (10) has been convicted in any court of a misdemeanor crime of stalking, .

Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2023

Israel Security Supplemental Appropriations Act, 2024 This bill provides FY2024 supplemental appropriations to the Department of Defense (DOD) and the Department of State for activities to respond to the attacks in Israel. The bill designates the funding as emergency spending, which is exempt from discretionary spending limits. The bill provides appropriations to DOD for Operation and Maintenance; Procurement; and Research, Development, Test and Evaluation. The funding is provided for purposes such as replacing defense articles that were provided to Israel, reimbursing DOD for defense services and training provided to Israel, procuring Israel's Iron Dome and David's Sling defense systems, and developing Israel's Iron Beam defense system. The bill provides appropriations to the State Department for Diplomatic Programs, including Worldwide Security Protection; Emergencies in the Diplomatic and Consular Service; and the Foreign Military Financing Program. In addition, the bill includes provisions that expand the authorities of the President to transfer defense articles and services from DOD to Israel. Finally, the bill rescinds specified unobligated funds that were provided for activities of the Internal Revenue Service.

117 S3210 IS: Israel Security Supplemental Appropriations Act, 2024 U.S. Senate 2023-11-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3210 IN THE SENATE OF THE UNITED STATES November 2, 2023 Mr. Marshall Mr. Vance Mr. Scott of Florida Mr. Braun Ms. Lummis Committee on Appropriations A BILL Making emergency supplemental appropriations to respond to the attacks in Israel for the fiscal year ending September 30, 2024, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2024, and for other purposes, namely: I Department of Defense Operation and Maintenance Operation and Maintenance, Defense-Wide (Including Transfer of Funds) For an additional amount for Operation and Maintenance, Defense-Wide Provided Operation and Maintenance Procurement Provided further Provided further Provided further Provided further Provided further Procurement Procurement of Ammunition, Army For an additional amount for Procurement of Ammunition, Army Provided Weapons Procurement, Navy For an additional amount for Weapons Procurement, Navy Provided Missile Procurement, Air Force For an additional amount for Missile Procurement, Air Force Provided Procurement, Defense-Wide For an additional amount for Procurement, Defense-Wide Provided Provided further Provided further Research, Development, Test and Evaluation Research, Development, Test and Evaluation, Defense-Wide (Including Transfers of Funds) For an additional amount for Research, Development, Test and Evaluation, Defense-Wide Provided Provided further Provided further Procurement, Defense-Wide Provided further Provided further Provided further Provided further General Provisions—This Title 101. Section 12001 of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 Public Law 115–141 (1) In paragraph (2) of subsection (a), by striking armor defense articles that are in the inventory of the Department of Defense as of the date of transfer, are intended for use as reserve stocks for Israel, and are located in a stockpile for Israel as of the date of transfer (2) In subsection (b), by striking at least equal to the fair market value of the items transferred in an amount to be determined by the Secretary of Defense (3) In subsection (c), by striking 30 15 Appropriations, Committees on 102. During fiscal year 2024, section 514(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321h(b) 103. Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter through fiscal year 2025, the Secretary of Defense, in coordination with the Secretary of State, shall provide a written report to the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives and the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate describing United States security assistance provided to Israel since the October 7, 2023, terrorist attack on Israel, including a comprehensive list of the defense articles and services provided to Israel and the associated authority and funding used to provide such articles and services: Provided 104. Concurrent with any notification of assistance made pursuant to section 506(b)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(b)(1) II Department of State and Related Agency Department of State Administration of Foreign Affairs Diplomatic Programs For an additional amount for Diplomatic Programs Provided Emergencies in the Diplomatic and Consular Service For an additional amount for Emergencies in the Diplomatic and Consular Service Provided International Security Assistance Funds Appropriated to the President Foreign Military Financing Program For an additional amount for Foreign Military Financing Program Provided Provided further Provided further Provided further General Provisions—This Title 201. (a) During fiscal year 2024, and subject to subsection (b), section 506(a)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(a)(1) $2,500,000,000 $100,000,000 (b) Subsection (a) shall not take effect unless the Secretary of State determines and reports to the appropriate congressional committees that the exercise of the authority of such subsection is necessary to respond to the situation in Israel. 202. Not later than 30 days after the date of enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a report on the proposed uses of funds appropriated by this title to respond to the situation in Israel: Provided III General Provisions—This Act 301. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 302. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 303. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2024. 304. Each amount designated in this Act by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, shall be available (or rescinded or transferred, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. 305. Any amount appropriated by this Act, designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, and subsequently so designated by the President, and transferred pursuant to transfer authorities provided by this Act shall retain such designation. 306. Budgetary Offsets (a) Rescission of Certain Balances Made Available to the Internal Revenue Service Of the unobligated balances of amounts appropriated or otherwise made available for activities of the Internal Revenue Service by paragraphs (1)(A)(ii), (1)(A)(iii), (1)(B), (2), (3), (4), and (5) of section 10301 of Public Law 117–169 Inflation Reduction Act of 2022 (b) Classification of Budgetary Effects Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this section shall not be estimated— (1) for purposes of section 251 of such Act; (2) for purposes of an allocation to the Committee on Appropriations pursuant to section 302(a) of the Congressional Budget Act of 1974; and (3) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act. This Act may be cited as the Israel Security Supplemental Appropriations Act, 2024

Israel Security Supplemental Appropriations Act, 2024

Winnebago Land Transfer Act of 2023 This bill takes specified lands in Iowa into trust for the benefit of the Winnebago Tribe of Nebraska. The land is made part of the tribe's reservation. The bill prohibits gaming on the land taken into trust.

118 S3230 IS: Winnebago Land Transfer Act of 2023 U.S. Senate 2023-11-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3230 IN THE SENATE OF THE UNITED STATES November 6, 2023 Mrs. Fischer Mr. Grassley Ms. Ernst Mr. Ricketts Committee on Indian Affairs A BILL To transfer administrative jurisdiction of certain Federal lands from the Army Corps of Engineers to the Bureau of Indian Affairs, to take such lands into trust for the Winnebago Tribe of Nebraska, and for other purposes. 1. Short title This Act may be cited as the Winnebago Land Transfer Act of 2023 2. Land to be taken into trust (a) In general Subject to all valid existing rights, all right, title, and interest (including improvements and appurtenances) of the United States in and to the Federal lands described in subsection (b), those Federal lands— (1) are declared to be part of the Winnebago Reservation created by the Treaty between the United States and the Winnebago Tribe in 1865; and (2) shall be held in trust by the United States for the benefit of the Winnebago Tribe of Nebraska subject to the same terms and conditions as those lands described in the Treaty with the Winnebago Tribe, 1865 (14 Stat. 671). (b) Federal lands described The Federal lands described in this subsection are the following: (1) That portion of Tract No. 119, the description of which is filed in the United States District Court for the Northern District of Iowa (Western Division), Civil Case No. 70–C–3015–W, executed May 11, 1973, said tract being situated in Section 8 and the accretion land thereto, the Southwest Quarter of Section 9, the West Half of Section 16, the East Half of Section 17, Township 86 North, Range 47 West of the Fifth Principal Meridian, Woodbury County, Iowa, lying Easterly of the Nebraska/Iowa State Line and Southerly of the Easterly extension of the North line of the Winnebago Reservation. (2) Tract No. 210, as described in Schedule A Declaration of Taking, Legal Description of Tract 210 and Judgment on Stipulation and Order of Distribution (3) Tract No. 113, as described in the Judgment on Declaration of Taking and Legal Description of Tract 113 (c) Gaming prohibition Class II and class III gaming under the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq.

Winnebago Land Transfer Act of 2023

Preventing Diabetes in Medicare Act of 2023 This bill extends Medicare coverage for medical nutrition therapy services to beneficiaries with pre-diabetes or risk factors for developing type-2 diabetes.

118 S3233 IS: Preventing Diabetes in Medicare Act of 2023 U.S. Senate 2023-11-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3233 IN THE SENATE OF THE UNITED STATES November 7, 2023 Mr. Peters Mrs. Capito Committee on Finance A BILL To amend title XVIII of the Social Security Act to reduce the occurrence of diabetes in Medicare beneficiaries by extending coverage under Medicare for medical nutrition therapy services to such beneficiaries with pre-diabetes or with risk factors for developing type 2 diabetes. 1. Short title This Act may be cited as the Preventing Diabetes in Medicare Act of 2023 2. Findings Congress finds the following: (1) According to the Centers for Disease Control and Prevention, there are more than 96,000,000 adults with pre-diabetes in the United States. The Centers estimates that 27 percent of adults who are 65 years of age or older have pre-diabetes. More than 80 percent of adults with pre-diabetes do not know they have it. (2) For a significant number of people with pre-diabetes, early intervention can reverse elevated blood glucose levels to normal range and prevent diabetes and its complications completely or can significantly delay its onset. According to the Institute for Alternative Futures, if 50 percent of adults with pre-diabetes were able to successfully make lifestyle changes proven to prevent or delay diabetes, then by 2025 approximately 4,700,000 new cases of diabetes could be prevented at a cost savings of $300 billion. (3) Preventing diabetes and its complications can save money and lives. The average annual cost to treat someone with diabetes is $16,752, which is 2.3 times higher than average costs for someone who does not have diabetes. The United States spends $327 billion per year on costs associated with diabetes, with government insurance including Medicare covering over 2/3 (4) Diabetes is unique because its complications and their associated health care costs are often preventable with currently available medical treatment and lifestyle changes. (5) According to the American Journal of Clinical Nutrition, pre-diabetes medical nutrition therapy provided by a dietitian, such as that found in lifestyle interventions, has the potential to improve glycemic control and prevent progression of type 2 diabetes. In addition, an independent systematic review of diabetes prevention using nutrition therapy conducted in Europe found that individuals who received the lifestyle interventions had a 47-percent reduced risk of developing type 2 diabetes. (6) The Medicare program currently provides coverage for screening and identifying beneficiaries with pre-diabetes but does not provide adequate services to such beneficiaries to help them prevent or delay the onset of diabetes. (7) According to the Office of Minority Health and Health Equity within the Department of Health and Human Services, diabetes disproportionately affects racial and ethnic minority populations. Compared with White adults, African-American adults are 60 percent more likely to be diagnosed with diabetes by a physician and are twice as likely to die from diabetes. 3. Medicare coverage of medical nutrition therapy services for people with pre-diabetes and risk factors for developing type 2 diabetes (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x (1) in subsection (s)(2)(V), by striking a beneficiary with diabetes or a renal disease an individual with diabetes, pre-diabetes (as defined in subsection (yy)(4)), or a renal disease, or an individual at risk for diabetes (as defined in subsection (yy)(2)), (2) in subsection (yy)— (A) in the heading, by adding ; Pre-Diabetes (B) by adding at the end the following new paragraph: (4) The term pre-diabetes . (b) Effective date The amendments made by this section shall apply with respect to services furnished on or after January 1, 2025.

Preventing Diabetes in Medicare Act of 2023

Tax Cuts for Veterans Act of 2023 This bill excludes from the gross income of members or former members of the Armed Forces, for income tax purposes, any retired or retainer pay or any amounts paid in connection with a disability or combat-related injury or disability or death of a member.

118 S3243 IS: Tax Cuts for Veterans Act of 2023 U.S. Senate 2023-11-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3243 IN THE SENATE OF THE UNITED STATES November 7, 2023 Mr. Ricketts Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to exclude all military retirement and related benefits from Federal income tax. 1. Short title This Act may be cited as the Tax Cuts for Veterans Act of 2023 2. Exclusion of all military retirement and related benefits (a) In general Section 122 122. Certain uniformed services retirement pay and related benefits (a) General rule In the case of a member or former member of the armed forces of the United States, gross income does not include— (1) any retired or retainer pay paid under title 10 or 14, United States Code, or (2) any amounts not described in section 104(a)(4) received as monthly compensation, pension, pay, annuity, or allowance paid under title 10, 14, 37, or 38, United States Code, in connection with a disability or combat-related injury or disability or death of a member of the armed forces. (b) Certain reduced uniformed services retirement pay (1) In general In the case of a member or former member of the uniformed services of the United States other than a member or former member of the armed forces, gross income does not include the amount of any reduction in retired or retainer pay pursuant to the provisions of chapter 73 (2) Special rule (A) Amount excluded from gross income In the case of any individual referred to in paragraph (1), all amounts received as retired or retainer pay shall be excluded from gross income until there has been so excluded an amount equal to the consideration for the contract. The preceding sentence shall apply only to the extent that the amounts received would, but for such sentence, be includible in gross income. (B) Consideration for the contract For purposes of subparagraph (A) and section 72(n), the term consideration for the contract (i) the total amount of the reductions before January 1, 1966, in the individual's retired or retainer pay by reason of an election under chapter 73 (ii) any amounts deposited at any time by the individual pursuant to section 1438 or 1452(d) of such title 10. (c) Definitions For purposes of this section, the terms armed forces uniformed services . (b) Conforming amendments (1) Conforming repeal (A) In general Section 1403 of title 10, United States Code, is repealed. (B) Clerical amendment The table of sections at the beginning of chapter 71 of such title is amended by striking the item relating to section 1403. (2) Annuities Subsection (n) of section 72 Subsection (b) In the case of any member or former member of the uniformed services of the United States other than a member or former member of the armed forces, subsection (b) (c) Clerical amendment The item relating to section 122 in the table of sections for part III of subchapter B of chapter 1 Sec. 122. Certain uniformed services retirement pay and related benefits. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Tax Cuts for Veterans Act of 2023

Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2023 This bill expands eligibility for Post-9/11 GI bill benefits and the Department of Veterans Affairs (VA) home loan program by updating terminology related to certain Black veterans. Specifically, the bill explicitly includes the following individuals as eligible veterans under the programs: Black veterans who served on active duty during World War II and can certify they were denied a specific benefit on the basis of race; and the living surviving spouses, children, grandchildren, or other direct descendants of such veterans described above who can certify the veteran was denied a specific benefit on the basis of race. Eligible veterans must apply for educational or home loan benefits within the five-year period after the bill is enacted. The Government Accountability Office must report on the number of individuals who received VA educational or housing loan benefits due to the amendments made by the bill and the total value of such benefits. Finally, the VA must appoint a panel of independent experts to develop recommendations regarding additional benefits and assistance for female and minority members of the Armed Forces.

118 S3257 IS: Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2023 U.S. Senate 2023-11-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3257 IN THE SENATE OF THE UNITED STATES November 8, 2023 Mr. Warnock Mr. Wyden Mr. Blumenthal Mrs. Murray Mr. Durbin Mr. Booker Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to extend to Black veterans of World War II, and surviving spouses and certain direct descendants of such veterans, eligibility for certain housing loans and educational assistance administered by the Secretary of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2023 2. Findings Congress finds the following: (1) African Americans played a pivotal role in the war effort during World War II, with more than 1,200,000 African Americans serving in the Armed Forces, and, by 1945, approximately 1.9 percent of all officers in the Armed Forces were African Americans. (2) Following World War II, the Servicemen’s Readjustment Act of 1944 (58 Stat. 284, commonly known as the GI Bill (3) The GI Bill offered a range of economic and educational benefits administered by the Federal Government through the Secretary of the Veterans Administration, including monetary assistance to access higher education, government guarantees for housing loans, unemployment allowances, and civilian workforce reentry assistance. (4) Though the legislative text of the GI Bill was race neutral, the administration of benefits through national, State, and local offices of the Veterans Administration resulted in a pattern of discrimination against racial minorities, especially African Americans. (5) Veterans Administration benefits counselors denied African Americans access to educational benefits at certain universities and funneled applicants into industrial and vocational schools rather than higher education opportunities, with just 6 percent of African-American veterans of World War II earning a college degree, compared to 19 percent of White veterans of World War II. (6) In administering its housing guaranty program, the Veterans Administration adopted the racial exclusion programs of the Federal Housing Administration, also known as redlining, which excluded a significant number of African Americans from taking full advantage of the housing guaranty program. (7) The GI Bill created substantial economic growth and wealth accumulation for those who could benefit, but discriminatory administration of the program prevented many African-American veterans of World War II from enjoying the full economic prosperity of the post-war period. 3. Housing loans guaranteed by the Secretary of Veterans Affairs for Black veterans of World War II and survivors and certain direct descendants of such veterans (a) Establishment (1) Definition Section 3701(b) of title 38, United States Code, is amended by adding at the end the following new paragraphs: (8) The term veteran (A) is Black; (B) served on active duty as a member of the Armed Forces during World War II; and (C) certifies to the Secretary that such individual was denied a specific benefit under the Servicemen's Readjustment Act of 1944 (58 Stat. 284) on the basis of race. (9) The term veteran (A) is the surviving spouse, child, grandchild, or other direct descendant of a veteran described in paragraph (8); (B) certifies to the Secretary that such veteran described in paragraph (8) was denied a specific benefit under the Servicemen's Readjustment Act of 1944 (58 Stat. 284) on the basis of race; and (C) is living on the date of the enactment of the Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2023 . (2) Basic entitlement Section 3702(a)(2)(E) of such title is amended by adding at the end the following new subparagraph: (H) Each individual— (i) described in paragraph (8) or (9) of section 3701(b) of this title; and (ii) who applies for a housing loan during the five-year period beginning on the date of the enactment of the Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2023 . (b) Deadline The Secretary of Veterans Affairs shall carry out the amendments made by this section not later than 90 days after the date of the enactment of this Act. (c) Regulations The Secretary of Veterans Affairs shall prescribe regulations to carry out the amendments made by this section. (d) GAO report Not later than one year after the deadline under subsection (b), the Comptroller General of the United States shall submit to Congress a report regarding— (1) the number of individuals who received housing loan benefits pursuant to the amendments made by this section; and (2) the total value of housing loan benefits administered by the Secretary pursuant to the amendments made by this section. 4. Educational assistance for survivors and certain direct descendants of Black veterans of World War II (a) Entitlement Subsection (b) of section 3311 of title 38, United States Code, is amended by adding at the end the following new paragraph: (12) An individual— (A) described in section 3701(b)(9) of this title; and (B) who applies for educational assistance under this chapter during the five-year period beginning on the date of the enactment of the Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2023 . (b) Deadline The Secretary of Veterans Affairs shall carry out the amendment made by this section not later than 90 days after the date of the enactment of this Act. (c) Regulations The Secretary of Veterans Affairs shall prescribe regulations to carry out the amendment made by this section. (d) GAO report Not later than one year after the deadline under subsection (b), the Comptroller General of the United States shall submit to Congress a report regarding— (1) the number of individuals who received educational assistance pursuant to the amendment made by this section; and (2) the total amount of educational assistance paid by the Secretary pursuant to the amendment made by this section. 5. Blue Ribbon panel on benefits and assistance for female and minority veterans (a) Establishment Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, pursuant to chapter 10 Federal Advisory Committee Act (1) inequities in the distribution of benefits and assistance administered by the Secretary; and (2) military service by female and minority members of the Armed Forces. (b) Duties The panel required to be appointed under subsection (a) shall develop recommendations regarding additional benefits and assistance for individuals described in paragraph (2) of such subsection, and related legislation. (c) Report Not later than one year after the date of the enactment of this Act, the panel required to be appointed under subsection (a) shall submit to Congress and the President a report containing the recommendations developed under this section.

Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2023

VA Medicinal Cannabis Research Act of 2023 This bill requires the Department of Veterans Affairs (VA) to study the effects of cannabis on veterans who are enrolled in the VA health care system and have been diagnosed with post-traumatic stress disorder (PTSD) or chronic pain (i.e., eligible veterans). First, the bill requires the VA to conduct an observational, 18-month study on the effects of cannabis on the health outcomes of eligible veterans. The VA must report on the study and address whether it is able to meet criteria necessary to conduct clinical trials. Then, if the VA determines that it is able to proceed, it must carry out a series of clinical trials on the effects of cannabis appropriate for investigational use, as determined by the Food and Drug Administration, on the outcomes of eligible veterans. The VA must carry out a long-term observational study of the clinical trial participants. The VA may terminate the trials if it is unable to meet clinical guideline requirements or the trials would create excessive risk to participants. The VA must ensure that the study and trials are representative of the demographics of veterans in the United States, as determined by the most recent data from the American Community Survey of the Bureau of the Census. The study and trials must include mechanisms to ensure data preservation and registration as necessary (in an anonymous form).

118 S326 IS: VA Medicinal Cannabis Research Act of 2023 U.S. Senate 2023-02-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 326 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Tester Mr. Sullivan Committee on Veterans' Affairs A BILL To direct the Secretary of Veterans Affairs to carry out a study and clinical trials on the effects of cannabis on certain health outcomes of veterans with chronic pain and post-traumatic stress disorder, and for other purposes. 1. Short title This Act may be cited as the VA Medicinal Cannabis Research Act of 2023 2. Definitions In this Act: (1) Covered veteran The term covered veteran (2) Secretary The term Secretary 3. Department of Veterans Affairs large-scale, mixed methods, retrospective qualitative study on the effects of cannabis on certain health outcomes of veterans with chronic pain and post-traumatic stress disorder (a) Study required (1) In general The Secretary, through the Office of Research and Development of the Department of Veterans Affairs, shall carry out a large-scale, mixed methods, retrospective, and qualitative study on the effects of cannabis on the health outcomes of covered veterans diagnosed with chronic pain and covered veterans diagnosed with post-traumatic stress disorder. (2) Observational study The study required by paragraph (1) shall be conducted as an observational study on the effects of cannabis use on the health of covered veterans. (3) Elements (A) In general The study required by paragraph (1) shall— (i) triangulate a range of data sources; (ii) compare the positive and negative health outcomes of covered veterans who use cannabis, utilizing outcomes that can be measured in an electronic health record of the Department and through data sets of the Department relating to claims for benefits under the laws administered by the Secretary; (iii) elicit the positive and negative outcomes of cannabis use for covered veterans through semi-structured interviews; (iv) estimate current and future health system needs to address positive and negative outcomes of cannabis use for covered veterans; (v) include a qualitative, open-ended survey provided to covered veterans who have sought care from the Department for chronic pain or post-traumatic stress disorder during the five-year period preceding the survey; and (vi) include an assessment of— (I) all records within the Veterans Health Administration for covered veterans participating in the study; and (II) all records within the Veterans Benefits Administration for covered veterans participating in the study. (B) Health outcomes A comparison of health outcomes under subparagraph (A)(ii) shall include an assessment of the following: (i) The reduction or increase in opiate use or dosage. (ii) The reduction or increase in benzodiazepine use or dosage. (iii) The reduction or change in use of other types of medication. (iv) The reduction or increase in alcohol use. (v) The reduction or increase in the prevalence of substance abuse disorders. (vi) Sleep quality. (vii) Osteopathic pain (including pain intensity and pain-related outcomes). (viii) Agitation. (ix) Quality of life. (x) Mortality and morbidity. (xi) Hospital readmissions. (xii) Any newly developed or exacerbated health conditions, including mental health conditions. (b) Implementation Not later than 180 days after the date of the enactment of this Act, the Secretary shall commence the implementation of the study required by subsection (a)(1). (c) Duration of study The study required by subsection (a)(1) shall be carried out for an 18-month period. (d) Report (1) In general Not later than 90 days after the completion of the study required by subsection (a)(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 report on the study. (2) Ability to conduct clinical trials The Secretary shall include in the report required by paragraph (1) an assessment of whether the Secretary is able to meet the criteria necessary to conduct the clinical trials required under section 4, including consideration of subsection (e)(1) of such section. 4. Department of Veterans Affairs clinical trials on the effects of cannabis on certain health outcomes of veterans with chronic pain and post-traumatic stress disorder (a) Clinical trials required (1) In general If the Secretary indicates in the report required by section 3(d) that the Secretary is able to meet the criteria necessary to proceed to clinical trials, commencing not later than 180 days after the submittal of that report, the Secretary shall carry out a series of clinical trials on the effects of cannabis appropriate for investigational use, as determined by the Food and Drug Administration under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) (2) Considerations The clinical trials required by paragraph (1) shall include, as appropriate, an evaluation of key symptoms, clinical outcomes, and conditions associated with chronic pain and post-traumatic stress disorder, which may include— (A) with respect to covered veterans diagnosed with chronic pain, an evaluation of the effects of the use of cannabis on— (i) osteopathic pain (including pain intensity and pain-related outcomes); (ii) the reduction or increase in opioid use or dosage; (iii) the reduction or increase in benzodiazepine use or dosage; (iv) the reduction or increase in alcohol use; (v) the reduction or increase in the prevalence of substance use disorders; (vi) inflammation; (vii) sleep quality; (viii) agitation; (ix) quality of life; (x) exacerbated or new mental health conditions; and (xi) suicidal ideation. (B) with respect to covered veterans diagnosed with post-traumatic stress disorder, an evaluation of the effects of the use of cannabis on— (i) the symptoms of post-traumatic stress disorder (PTSD) as established by or derived from the clinician administered PTSD scale, the PTSD checklist, the PTSD symptom scale, the post-traumatic diagnostic scale, and other applicable methods of evaluating symptoms of post-traumatic stress disorder; (ii) the reduction or increase in benzodiazepine use or dosage; (iii) the reduction or increase in alcohol use; (iv) the reduction or increase in the prevalence of substance use disorders; (v) mood; (vi) anxiety; (vii) social functioning; (viii) agitation; (ix) suicidal ideation; and (x) sleep quality, including frequency of nightmares and night terrors. (3) Optional elements The clinical trials required by paragraph (1) may include, as appropriate, an evaluation of the effects of the use of cannabis to treat chronic pain and post-traumatic stress disorder on other symptoms, clinical outcomes, and conditions not covered by paragraph (2), which may include— (A) pulmonary function; (B) cardiovascular events; (C) head, neck, and oral cancer; (D) testicular cancer; (E) ovarian cancer; (F) transitional cell cancer; (G) intestinal inflammation; (H) motor vehicle accidents; or (I) spasticity. (b) Long-Term observational study The Secretary may carry out a long-term observational study of the participants in the clinical trials required by subsection (a). (c) Type of cannabis (1) In general In carrying out the clinical trials required by subsection (a), the Secretary shall study varying forms of cannabis, including whole plant raw material and extracts, and may study varying routes of administration. (2) Plant cultivars Of the varying forms of cannabis required under paragraph (1), the Secretary shall study plant cultivars with varying ratios of tetrahydrocannabinol to cannabidiol. (d) Implementation Not later than 18 months after the date of the enactment of this Act, the Secretary shall— (1) develop a plan to implement this section and submit such plan to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives; and (2) issue any requests for proposals the Secretary determines appropriate for such implementation. (e) Termination of clinical trials (1) Clinical guideline requirements or excessive risk The Secretary may terminate the clinical trials required by subsection (a) if the Secretary determines that the Department of Veterans Affairs is unable to meet clinical guideline requirements necessary to conduct such trials or the clinical trials would create excessive risk to participants. (2) Completion upon submittal of final report The Secretary may terminate the clinical trials required by subsection (a) upon submittal of the final report required under subsection (f)(2). (f) Reports (1) Periodic reports During the five-year period beginning on the date of the commencement of clinical trials required by subsection (a), the Secretary shall submit periodically, but not less frequently than annually, to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives reports on the implementation of this section. (2) Final report Not later than one year after the completion of the five-year period specified in 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 final report on the implementation of this section. 5. Administration of study and clinical trials (a) Demographic representation In carrying out the study required by section 3 and the clinical trials required by section 4, the Secretary shall ensure representation in such study and trials of demographics that represent the population of veterans in the United States, as determined by the most recently available data from the American Community Survey of the Bureau of the Census. (b) Data preservation The Secretary shall ensure that the study required by section 3 and the clinical trials required by section 4 include a mechanism to ensure— (1) the preservation of all data, including all data sets and survey results, collected or used for purposes of such study and trials in a manner that will facilitate further research; and (2) registration of such data in the database of privately and publicly funded clinical studies maintained by the National Library of Medicine (or successor database). (c) Anonymous data The Secretary shall ensure that data relating to any study or clinical trial conducted under this Act is anonymized and cannot be traced back to an individual patient. (d) Effect on other benefits The eligibility or entitlement of a covered veteran to any other benefit under the laws administered by the Secretary or any other provision of law shall not be affected by the participation of the covered veteran in the study under section 3, a clinical trial under section 4(a), or a study under section 4(b). (e) Effect on other laws Nothing in this Act shall affect or modify— (1) the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. (2) section 351 of the Public Health Service Act ( 42 U.S.C. 262 (3) the authority of the Commissioner of Food and Drugs and the Secretary of Health and Human Services— (A) under— (i) the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. (ii) section 351 of the Public Health Service Act ( 42 U.S.C. 262 (B) to promulgate Federal regulations and guidelines pertaining to cannabidiol, marijuana, or other subject matter addressed in this Act.

VA Medicinal Cannabis Research Act of 2023

Service Academies District of Columbia Equality Act of 2023 This bill increases from 5 to 15 the number of individuals from the District of Columbia who may be appointed to the U.S. Military Academy, U.S. Naval Academy, and U.S. Air Force Academy.

118 S3265 IS: Service Academies District of Columbia Equality Act of 2023 U.S. Senate 2023-11-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3265 IN THE SENATE OF THE UNITED STATES November 9, 2023 Mr. Kaine Committee on Armed Services A BILL To amend title 10, United States Code, to increase the number of individuals from the District of Columbia who may be appointed to military service academies. 1. Short title This Act may be cited as the Service Academies District of Columbia Equality Act of 2023 2. Increased number of individuals from the District of Columbia who may be appointed to military service academies (a) United States Military Academy Section 7442(a)(5) of title 10, United States Code, is amended by striking Five Fifteen (b) United States Naval Academy Section 8454(a)(5) of title 10, United States Code, is amended by striking Five Fifteen (c) United States Air Force Academy Section 9442(a)(5) of title 10, United States Code, is amended by striking Five Fifteen

Service Academies District of Columbia Equality Act of 2023

VA Billing Accountability Act This bill authorizes the Department of Veterans Affairs (VA) to waive the requirement that a veteran make co-payments for medications, hospital care, nursing home care, and medical services in certain situations. Specifically, a veteran may have such co-payments waived if (1) an error committed by the VA or a non-VA facility delayed co-payment notification to the veteran, and (2) the veteran received such notification later than 180 days (18 months in the case of a non-VA facility) after the date on which the veteran received the care or services. In requiring a veteran to make a co-payment for care or services provided at a VA or a non-VA medical facility, the VA shall notify the veteran not later than 180 days (18 months in the case of a non-VA facility) after the date on which the veteran received the care or services. If the VA does not provide notification by such date, it may not collect the payment, including through a third-party entity, unless the veteran is provided with (1) information about applying for a waiver and establishing a payment plan with the VA, and (2) an opportunity to make a waiver or establish a payment plan. Finally, the bill requires the VA to review and improve its co-payment billing internal controls and notification procedures.

118 S3282 IS: VA Billing Accountability Act U.S. Senate 2023-11-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3282 IN THE SENATE OF THE UNITED STATES November 9, 2023 Ms. Klobuchar Mr. Tillis Mr. Hoeven Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to waive the requirement of certain veterans to make copayments for hospital care and medical services in the case of an error by the Department of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the VA Billing Accountability Act 2. Authority of Secretary of Veterans Affairs to waive requirement of certain veterans to make copayments for care and services in the case of Department of Veterans Affairs error (a) Hospital care, nursing home care, and medical services Section 1710(f)(3) of title 38, United States Code, is amended by adding at the end the following new subparagraph: (G) The Secretary may waive the requirement of a veteran to make a payment under this subsection or subsection (g) if— (i) an error committed by the Department or an employee of the Department was the cause of delaying notification sent to the veteran of the requirement to make the payment; and (ii) the veteran received such notification later than 180 days after the date on which the veteran received the care or services for which the payment was required. . (b) Medications Section 1722A of such title is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): (c) The Secretary may waive the requirement of a veteran to make a payment under this section if— (1) an error committed by the Department or an employee of the Department was the cause of delaying notification sent to the veteran of the requirement to make the payment; and (2) the veteran received such notification later than 180 days after the date on which the veteran received the medication for which the payment was required. . (c) Billing procedures (1) In general Subchapter I of chapter 17 of such title is amended by adding at the end the following new section: 1709D. Procedures for copayments (a) Care at Department facility (1) In requiring a veteran to make a payment for care or services provided at a medical facility of the Department pursuant to this chapter, including sections 1710 and 1722A of this title, the Secretary shall provide to such veteran a notification of such required payment by not later than 180 days after the date on which the veteran receives the care or services for which payment is required. (2) If the Secretary does not provide to a veteran notification of a required payment by the date required under paragraph (1), the Secretary may not collect such payment, including through a third-party entity, unless the Secretary provides the veteran the following: (A) Information regarding how to apply for a waiver described in section 1710(f)(3)(G) or section 1722A(c) of this title, as appropriate. (B) Information regarding how to establish a payment plan with the Secretary. (C) Opportunity to make such a waiver or establish such a payment plan. (b) Care at non-Department facility (1) In requiring a veteran to make a payment for care or services provided at a non-Department facility pursuant to this chapter or other provision of law, the Secretary shall provide to such veteran a notification of such required payment by not later than 18 months after the date on which the veteran receives the care or services for which payment is required. (2) If the Secretary does not provide to a veteran notification of a required payment by the date required under paragraph (1), the Secretary may not collect such payment, including through a third-party entity, unless the Secretary provides the veteran the following: (A) Information regarding how to apply for a waiver described in paragraph (3). (B) Information regarding how to establish a payment plan with the Secretary. (C) Opportunity to make such a waiver or establish such a payment plan. (3) The Secretary may waive the requirement of a veteran to make a payment for care or services provided at a non-Department facility pursuant to this chapter or other provision of law if— (A) an error committed by the Department, an employee of the Department, or a non-Department facility was the cause of delaying notification sent to the veteran of the requirement to make the payment; and (B) the veteran received such notification after the period described in paragraph (1). . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1709C the following new item: 1709D. Procedures for copayments. . (d) Improvement of procedures Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall— (1) review the copayment billing internal controls and notification procedures of the Department of Veterans Affairs; and (2) improve such controls and procedures, including pursuant to the amendments made by this section.

VA Billing Accountability Act

Veterans Emergency Care Reimbursement Act of 2023 This bill modifies the limitation on reimbursement for emergency treatment of amounts a veteran owes to a third party or owes under a health plan contract. Specifically, the bill allows the Department of Veterans Affairs to reimburse copayments of $100 or more and excludes deductibles and coinsurance from the limitation. This modification must apply with respect to any reimbursement claim for emergency treatment furnished on or after February 1, 2010, including claims submitted by a member of the certified class seeking relief in Wolfe v. McDonough.

118 S3284 IS: Veterans Emergency Care Reimbursement Act of 2023 U.S. Senate 2023-11-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3284 IN THE SENATE OF THE UNITED STATES November 9, 2023 Mr. Blumenthal Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to modify the limitation on reimbursement for emergency treatment of amounts owed to a third party or for which the veteran is responsible under a health-plan contract. 1. Short title This Act may be cited as the Veterans Emergency Care Reimbursement Act of 2023 2. Modification of limitation on reimbursement for emergency treatment of amounts owed to a third party or for which the veteran is responsible under a health-plan contract (a) In general Section 1725(c)(4)(D) of title 38, United States Code, is amended— (1) by striking The Secretary (i) The Secretary (2) in clause (i), as designated by paragraph (1), by striking or similar payment of less than $100 (3) by adding at the end the following new clause: (ii) In this subparagraph, the term copayment . (b) Application of amendment The amendments made by subsection (a) shall apply with respect to any reimbursement claim under section 1725 of such title submitted to the Department of Veterans Affairs for emergency treatment furnished on or after February 1, 2010, including any such claim submitted by a member of the certified class seeking relief in Wolfe v. McDonough, No. 18–6091 (U.S. Vet. App.). (c) Definitions In this section: (1) Emergency treatment; health-plan contract The terms emergency treatment health-plan contract (2) Reimbursement claim The term reimbursement claim

Veterans Emergency Care Reimbursement Act of 2023

Medical Nutrition Therapy Act of 2023 This bill expands Medicare coverage of medical nutrition therapy services. Currently, Medicare covers such services for individuals with diabetes or kidney disease under certain circumstances; such services must also be provided by a registered dietitian or nutrition professional pursuant to a physician referral. The bill extends coverage to individuals with other diseases and conditions, including obesity, eating disorders, cancer, and HIV/AIDS; such services may also be referred by a physician assistant, nurse practitioner, clinical nurse specialist, or (for eating disorders) a clinical psychologist.

118 S3297 IS: Medical Nutrition Therapy Act of 2023 U.S. Senate 2023-11-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3297 IN THE SENATE OF THE UNITED STATES November 14 (legislative day, November 13), 2023 Ms. Collins Mr. Peters Committee on Finance A BILL To amend title XVIII of the Social Security Act to expand the availability of medical nutrition therapy services under the Medicare program. 1. Short title This Act may be cited as the Medical Nutrition Therapy Act of 2023 2. Findings Congress finds the following: (1) Over two-thirds of Medicare fee-for-service beneficiaries have 2 or more chronic conditions, many of which can be prevented, delayed, treated, or managed through nutrition. (2) Individuals from many racial and ethnic minority backgrounds are more likely to be diagnosed with chronic diseases such as diabetes, prediabetes, chronic kidney disease, end-stage renal disease, and obesity. (3) Coverage for medical nutrition therapy is only available to Medicare Part B beneficiaries with diabetes or a renal disease, despite medical nutrition therapy being part of the standard of care, in clinical guidelines, and medically necessary for many more chronic conditions. (4) Medical nutrition therapy has been shown to be a cost-effective component of treatment for obesity, diabetes, hypertension, dyslipidemia, HIV infection, unintended weight loss in older adults, and other chronic conditions. 3. Expanding the availability of medical nutrition therapy services under the Medicare program (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x (1) in subsection (s)(2)(V), by striking in the case of organizations (2) in subsection (vv)— (A) in paragraph (1)— (i) by striking disease management the prevention, management, or treatment of a disease or condition specified in paragraph (4) (ii) by striking by a physician by— (A) a physician (as defined in subsection (r)(1)); (B) a physician assistant (as defined in subsection (aa)(5)(A)); (C) a nurse practitioner (as defined in subsection (aa)(5)(A)); (D) a clinical nurse specialist (as defined in subsection (aa)(5)(B)); or (E) in the case of such services furnished to manage such a disease or condition that is an eating disorder, a clinical psychologist (as defined by the Secretary). ; and (iii) by adding at the end the following new sentence: Such term shall not include any such services furnished to an individual for the prevention, management, or treatment of a renal disease if such individual is receiving maintenance dialysis for which payment is made under section 1881. (B) by adding at the end the following new paragraph: (4) For purposes of paragraph (1), the diseases and conditions specified in this paragraph are the following: (A) Diabetes. (B) Prediabetes. (C) A renal disease. (D) Obesity (as defined for purposes of subsection (yy)(2)(C) or as otherwise defined by the Secretary). (E) Hypertension. (F) Dyslipidemia. (G) Malnutrition. (H) Eating disorders. (I) Cancer. (J) Gastrointestinal diseases, including Celiac disease. (K) HIV. (L) AIDS. (M) Cardiovascular disease. (N) Any other disease or condition— (i) specified by the Secretary relating to unintentional weight loss; (ii) for which the Secretary determines the services described in paragraph (1) to be medically necessary and appropriate for the prevention, management, or treatment of such disease or condition, consistent with any applicable recommendations of the United States Preventive Services Task Force; or (iii) for which the Secretary determines the services described in paragraph (1) are medically necessary, consistent either with protocols established by registered dietitian or nutrition professional organizations or with accepted clinical guidelines identified by the Secretary. . (b) Exclusion modification Section 1862(a)(1) is amended— (1) in subparagraph (O), by striking and (2) in subparagraph (P), by striking the semicolon at the end and inserting , and (3) by adding at the end the following new subparagraph: (Q) in the case of medical nutrition therapy services (as defined in section 1861(vv)), which are not furnished for the prevention, management, or treatment of a disease or condition specified in paragraph (4) of such section; . (c) Effective date The amendments made by this section shall apply with respect to items and services furnished in years beginning on or after the date that is 2 years after the date of the enactment of this Act.

Medical Nutrition Therapy Act of 2023

DOE and USDA Interagency Research Act This bill requires the Department of Energy and Department of Agriculture to carry out cross-cutting and collaborative research and development activities through the establishment of an interagency agreement. The agencies are authorized to (1) carry out reimbursable agreements in order to maximize research and development effectiveness, and (2) collaborate with other federal agencies. Further, the interagency agreement must require the use of a competitive, merit-reviewed process, which considers applications from federal agencies, national laboratories, institutions of higher education, and nonprofit institutions. Research and development activities may include collaborative research in a variety of focus areas such as integrated natural resources and the energy-water nexus, biofuels and biobased products, invasive species management, grid modernization and security, and rural technology development; developing methods to accommodate large voluntary standardized and integrated data sets on agricultural, environmental, supply chain, and economic information; supporting research infrastructure and workforce development; and conducting collaborative research and development on ways to improve agriculture operations and processing efficiencies, and reduce greenhouse gas emissions.

118 S3301 IS: DOE and USDA Interagency Research Act U.S. Senate 2023-11-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3301 IN THE SENATE OF THE UNITED STATES November 14 (legislative day, November 13), 2023 Mr. Luján Mr. Hoeven Committee on Energy and Natural Resources A BILL To provide for Department of Energy and Department of Agriculture joint research and development activities, and for other purposes. 1. Short title This Act may be cited as the DOE and USDA Interagency Research Act 2. Department of Energy and Department of Agriculture joint research and development activities (a) In general The Secretary of Energy and the Secretary of Agriculture (referred to in this section as the Secretaries (b) Memorandum of understanding (1) In general The Secretaries shall carry out and coordinate the activities under subsection (a) through the establishment of a memorandum of understanding or other appropriate interagency agreement. (2) Requirements The memorandum or agreement described in paragraph (1) shall require the use of a competitive, merit-reviewed process that considers applications from Federal agencies, National Laboratories, institutions of higher education, nonprofit institutions, and other appropriate entities. (c) Coordination In carrying out the activities under subsection (a), the Secretaries may— (1) conduct collaborative research relating to a variety of focus areas, such as— (A) modeling and simulation, machine learning, artificial intelligence, data assimilation, large-scale data analytics, and predictive analysis in order to optimize algorithms for purposes relating to agriculture and energy, such as life-cycle analyses of agricultural or energy systems; (B) fundamental agricultural, biological, computational, and environmental science and engineering, including advanced crop science, crop protection, breeding, and biological pest control, in collaboration with the program authorized under section 306 of the Department of Energy Research and Innovation Act ( 42 U.S.C. 18644 (C) integrated natural resources and the energy-water nexus, including in collaboration with the program authorized under section 1010 of the Energy Act of 2020 ( 42 U.S.C. 16183 (D) advanced biomass, biobased products, and biofuels, including in collaboration with the activities authorized under section 9008(b) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8108(b) (E) diverse feedstocks for economically and environmentally sustainable fuels, including aviation and naval fuels; (F) colocation of agricultural resources and activities and ecosystem services with diverse energy technologies and resources, such as geothermal energy, nuclear energy, solar energy, wind energy, natural gas, hydropower, and energy storage; (G) colocation of agricultural resources and activities with carbon storage and utilization technologies; (H) invasive species management to further the work done by the Federal Interagency Committee for the Management of Noxious and Exotic Weeds; (I) long-term and high-risk technological barriers in the development of transformative science and technology solutions in the agriculture and energy sectors, including in collaboration with the program authorized under section 5012 of the America COMPETES Act ( 42 U.S.C. 16538 (J) grid modernization and grid security; (K) rural technology development, including manufacturing, precision agriculture technologies, and mechanization and automation technologies; and (L) wildfire risks and prevention, including the role of the power sector in fire prevention and mitigation and wildfire impacts on energy infrastructure; (2) develop methods to accommodate large voluntary standardized and integrated data sets on agricultural, environmental, supply chain, and economic information with variable accuracy and scale; (3) promote collaboration, open community-based development, and data and information sharing between Federal agencies, National Laboratories, institutions of higher education, nonprofit institutions, industry partners, and other appropriate entities by providing reliable access to secure data and information that are in compliance with Federal laws (including regulations); (4) support research infrastructure and workforce development as the Secretaries determine to be necessary; and (5) conduct collaborative research, development, and demonstration of methods and technologies— (A) to improve the efficiency of agriculture operations and processing of agricultural products; and (B) to reduce greenhouse gas emissions associated with the operations and processing described in subparagraph (A). (d) Agreements In carrying out the activities under subsection (a), the Secretaries may— (1) carry out reimbursable agreements between the Department of Energy, the Department of Agriculture, and other entities in order to maximize the effectiveness of research and development; and (2) collaborate with other Federal agencies as appropriate. (e) Report Not later than 2 years after the date of enactment of this Act, the Secretaries shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Science, Space, and Technology and the Committee on Agriculture of the House of Representatives a report describing the following: (1) Interagency coordination between each Federal agency involved in the research and development activities carried out under this section. (2) Potential opportunities to expand the technical capabilities of the Department of Energy and the Department of Agriculture. (3) Collaborative research achievements. (4) Areas of future mutually beneficial successes. (5) Continuation of coordination activities between the Department of Energy and the Department of Agriculture. (f) Research security The activities authorized under this section shall be applied in a manner consistent with subtitle D of title VI of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 19231 et seq.

DOE and USDA Interagency Research Act

Helping Young Americans Save for Retirement Act This bill lowers the age for participation in tax-exempt pension plans from 21 to 18.

118 S3305 IS: Helping Young Americans Save for Retirement Act U.S. Senate 2023-11-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3305 IN THE SENATE OF THE UNITED STATES November 15, 2023 Mr. Cassidy Mr. Kaine Committee on Health, Education, Labor, and Pensions A BILL To amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 with respect to minimum participation standards for pension plans and qualified trusts. 1. Short title This Act may be cited as the Helping Young Americans Save for Retirement Act 2. Eligibility at age 18 under certain conditions (a) ERISA (1) Age 18 Subparagraphs (A) and (B) of section 202(c)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1052(c)(1) (A) the period determined under subsection (a)(1) determined— (i) without regard to subparagraph (B)(i) thereof; and (ii) by substituting 18 21 (B) the first 24-month period— (i) consisting of 2 consecutive 12-month periods during each of which the employee has at least 500 hours of service; and (ii) by the close of which the employee has met the requirement of subsection (a)(1)(A)(i) (without regard to subparagraph (A)(ii) of this paragraph). . (2) Conforming amendments Section 202(c) of such Act ( 29 U.S.C. 1052(c) (A) in the subsection heading— (i) by striking Special rule Special rules (ii) by adding and certain younger employees employees (B) in paragraph (3)— (i) by striking Paragraph (1)(B) Paragraph (1) (ii) by striking section 401(k)(2)(D)(ii) section 401(k)(2)(D) (3) Opinion of independent qualified public accountant Section 104(a)(2) of such Act ( 29 U.S.C. 1024(a)(2) (C) For purposes of this paragraph and the last sentence of section 103(a)(3)(A), with respect to a pension plan in which at least one employee participates solely by reason of section 202(c)(1)(A), no employee participating in such plan solely by reason of section 202(c)(1)(A) shall be treated as a participant until the date that is 5 years after the date on which the first such employee first becomes a participant in such plan. . (b) Internal Revenue Code of 1986 (1) Age 18 Clauses (i) and (ii) of section 401(k)(2)(D) (i) the period permitted under section 410(a)(1), determined— (I) without regard to subparagraph (B)(i) thereof, and (II) by substituting 18 21 (ii) subject to the provisions of paragraph (15), the first of 2 consecutive 12-month periods during each of which the employee has at least 500 hours of service, provided that the employee has satisfied the requirements of section 410(a)(1)(A)(i) (without regard to clause (i)(II) of this subparagraph). . (2) Conforming amendments The Internal Revenue Code of 1986 is amended— (A) in section 401(k)(15)— (i) in the paragraph heading, by adding and certain younger workers workers (ii) in subparagraph (B)— (I) in clauses (i) and (ii), by striking (2)(D)(ii) (2)(D) (II) in clause (i), by striking 202(c)(1)(B) 202(c)(1) (III) in clause (iv), striking paragraph (2)(D)(ii) clauses (i)(II) and (ii) of paragraph (2)(D) (B) in section 403(b)(12)— (i) in subparagraph (A), by striking section 202(c) section 202(c)(1)(B) (ii) in subparagraph (D)— (I) in the subparagraph heading, by inserting and certain younger employees employees (II) in clause (i), by striking 202(c)(1)(B) 202(c)(1) (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2025.

Helping Young Americans Save for Retirement Act

American Made Pharmaceuticals Act of 2023 This bill requires the Centers for Medicare & Medicaid Services to conduct a demonstration program that gives preference to domestically manufactured drugs under Medicare, Medicaid, and the Children's Health Insurance Program (CHIP). The program must be conducted in at least eight states and for at least seven years. Applicable drugs include critical drugs that are needed to respond to a public health emergency and that have a vulnerable global supply chain. Preference may take the form of reduced cost-sharing, preferential treatment on formularies, bonus payments, and other specified methods.

118 S3311 IS: American Made Pharmaceuticals Act of 2023 U.S. Senate 2023-11-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3311 IN THE SENATE OF THE UNITED STATES November 15, 2023 Ms. Smith Mr. Cotton Committee on Finance A BILL To direct the Secretary of Health and Human Services to conduct a demonstration program to test providing preferential treatment under the Medicare, Medicaid, and CHIP programs for certain drugs and biologicals manufactured in the United States. 1. Short title This Act may be cited as the American Made Pharmaceuticals Act of 2023 2. Demonstration program to test providing preferential treatment under the Medicare, Medicaid, and CHIP programs for certain drugs and biologicals manufactured in the United States Part A of title XI of the Social Security Act ( 42 U.S.C. 1301 et seq. 1150D. Demonstration program to test providing preferential treatment under the Medicare, Medicaid, and CHIP programs for certain drugs and biologicals manufactured in the United States (a) In general Not later than 1 year after the date of enactment of this section, the Secretary shall conduct a demonstration program (in this section referred to as the Program (b) Sites The Program shall be conducted in at least 8 States. (c) Duration The Secretary shall conduct the Program for a period of not less than 7 years. (d) Definitions In this section: (1) Applicable drug The term applicable drug (A) a drug that is approved and marketed under section 505(j) of the Federal Food, Drug, and Cosmetic Act; (B) a biological product that is licensed and marketed under section 351(k) of the Public Health Service Act; or (C) a critical drug. (2) Applicable U.S.-based pharmaceutical company The term applicable U.S.-based pharmaceutical company (A) that has a manufacturing location in the United States for an applicable drug; (B) beginning 3 years after the date of the implementation of the Program, for which at least 50 percent of the starter products, by weight, for the applicable drugs manufactured by the manufacturer are derived from countries other than covered nations (as defined in section 4872(d)(2) of title 10, United States Code); and (C) that, as determined by the Secretary— (i) maintains an appropriate level of transparency on locations of manufacturing; (ii) maintains an appropriate level of diversity in sourcing; (iii) maintains appropriate levels of inventory and emergency reserves; (iv) has in place an appropriate action plan for increases in demand and for when links in the supply chain break down; and (v) meets any other characteristics the Secretary determines appropriate. (3) Applicable tools The term applicable tools (A) preferential treatment on a formulary; (B) providing lower cost-sharing; (C) waiving rebates under the Medicaid program under title XIX; (D) establishing a Medicare Star Rating under part D of title XVIII; or (E) providing bonus payments to providers of services and suppliers under part B of title XVIII. (4) Critical drug In this section, the term critical drug (A) A medicine, medical countermeasure, or critical input identified on the list under section 3(c) of Executive Order 13944 of August 6, 2020 (85 Red. Reg 49929; relating to essential medicines, medical Countermeasures, and critical inputs). (B) A drug or biological that— (i) is not described in subparagraph (A); (ii) is approved and marketed under section 505(c) of the Federal Food, Drug, and Cosmetic Act or is licensed and marketed under section 351(a) of the Public Health Service Act (or is an active pharmaceutical ingredient of such a drug or biological); and (iii) the Secretary determines— (I) is— (aa) likely to be needed for use in a public health emergency; or (bb) at high risk of short supply; and (II) has a vulnerable global supply chain. (5) U.S. manufactured drug The term U.S. manufactured drug (e) Annual report to Congress Not later than 1 year after the date the Secretary implements the Program, and annually thereafter for as long as the Program is being conducted, the Secretary shall submit to Congress a report on activities under the Program, together with recommendations for such legislation and administrative action as the Secretary determines to be appropriate. (f) Waivers The Secretary may waive such provisions of this title and titles XVIII, XIX, and XXI as the Secretary determines necessary in order to implement the Program (g) Administrative funding There is authorized to be appropriated to the Secretary such sums as may be necessary for the administrative expenses of carrying out the Program, to remain available until expended. .

American Made Pharmaceuticals Act of 2023

WALL Act of 2023 This bill appropriates $25 billion for the construction of a wall on the U.S.-Mexico border and addresses other issues related to immigration. As offsets to this spending, the bill restricts the child tax credit, earned income credits, and lifetime learning credits to those with Social Security numbers and not prohibited from employment in the United States. Also, individuals who file taxes using an individual taxpayer identification number (ITIN) instead of a Social Security number must pay a fee ($300 for each individual on the tax return using an ITIN). The bill restricts eligibility for certain federally-funded benefits, including unemployment compensation, supplemental nutrition assistance, and housing benefits, to those eligible to work in the United States. Agencies administering such benefits must use the E-Verify program to confirm the eligibility of applicants for such benefits. This bill also sets fines for non-U.S. nationals (aliens under federal law) who improperly enter the United States or overstay their visas.

118 S332 IS: WALL Act of 2023 U.S. Senate 2023-02-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 332 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mrs. Britt Mr. Barrasso Mr. Braun Mr. Cruz Mr. Risch Mr. Rounds Mr. Wicker Committee on Finance A BILL To appropriate $25,000,000,000 for the construction of a border wall between the United States and Mexico, and for other purposes. 1. Short title This Act may be cited as the WALL Act of 2023 2. Mandatory spending for border wall (a) In general There is appropriated $25,000,000,000 for the purpose of constructing a physical barrier along the southern border of the United States. (b) Availability Amounts appropriated under subsection (a) shall remain available until expended for the purpose described in subsection (a). 3. Offsets (a) Eligibility for child tax credit (1) In general Section 24(e) (e) Identification requirements (1) In general No credit shall be allowed under this section to a taxpayer with respect to any qualifying child unless the taxpayer includes on the return of tax for the taxable year— (A) the name of such qualifying child, and (B) the valid identification number of the taxpayer (and, in the case of a joint return, the taxpayer’s spouse) and such qualifying child. (2) Valid identification number (A) In general For purposes of this subsection, the term valid identification number (i) in the case of the taxpayer and any spouse of the taxpayer, a social security number issued to the individual by the Social Security Administration on or before the due date for filing the return for the taxable year, and (ii) in the case of a qualifying child, a social security number issued to such child by the Social Security Administration on or before the due date for filing such return. (B) Exception for individuals prohibited from engaging in employment in United States For purposes of subparagraph (A)(i) and subsection (h)(4)(C), the term social security number . (2) Conforming amendments Subsection (h) of section 24 (A) in paragraph (1), by striking (7) (6) (B) in paragraph (4), by amending subparagraph (C) to read as follows: (C) Social security number required Subparagraph (A) shall not apply with respect to any dependent of the taxpayer unless the taxpayer includes on the return of tax for the taxable year, for both the taxpayer and the dependent, a social security number issued to each such individual by the Social Security Administration on or before the due date for filing such return. , and (C) by striking paragraph (7). (3) Effective date The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (b) Individuals prohibited from engaging in employment in United States not eligible for earned income tax credit (1) In general Subsection (m) of section 32 (m) Identification numbers (1) In general Solely for purposes of subsections (c)(1)(E) and (c)(3)(D), a taxpayer identification number means a social security number issued to an individual by the Social Security Administration on or before the due date for filing the return for the taxable year. (2) Exception for individuals prohibited from engaging in employment in United States For purposes of paragraph (1), in the case of subsection (c)(1)(E), the term social security number . (2) Effective date The amendment made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (c) Identification requirement for American Opportunity and Lifetime Learning credits (1) In general Section 25A(g)(1) (C) Social Security number required (i) In general For purposes of this paragraph, the term taxpayer identification number (ii) Exception for individuals prohibited from engaging in employment in United States For purposes of clause (i), the term social security number . (2) Effective date The amendment made by this subsection shall apply to all taxable years ending after the date of the enactment of this Act. (d) Fees for filing a tax return using an ITIN (1) In general Section 6109(i) (5) Fee for filing tax return using an ITIN (A) In general In the case of any individual income tax return filed by a taxpayer residing in the United States, the Secretary shall require the taxpayer to pay a fee for each such return filed in an amount equal to the product of— (i) the total number of individuals included on such return (including any spouse or dependent of the taxpayer) with respect to whom an individual taxpayer identification number has been issued, multiplied by (ii) $300. (B) Exception Subparagraph (A) shall not apply to any individual who has reported to the Secretary that their social security number has been subject to theft, misuse, or misappropriation by another person. . (2) Effective date The amendment made by this subsection shall apply to returns the due date for which (determined without regard to extensions) is after the date of the enactment of this Act. (e) Ensuring validity of Social Security numbers (1) In general Section 6109 (e) Confirmation of social security numbers For purposes of paragraphs (1) and (3) of subsection (a), the Secretary, in coordination with the Commissioner of Social Security, shall verify that any social security account number submitted by a person, or with respect to another person, in any return, statement, or other document is— (1) the correct social security account number as issued to such person by the Commissioner of Social Security, and (2) valid and otherwise unexpired as of the date of submission of such return, statement, or other document. . (2) Effective date The amendment made by this subsection shall apply to returns, statements, and other documents submitted after the date of the enactment of this Act. (f) Requiring agencies To use E-Verify To Confirm satisfactory immigration status for eligibility for certain federally funded benefits (1) In general Section 1137(a) of the Social Security Act ( 42 U.S.C. 1320b–7(a) (A) in paragraph (6), by striking ; and (B) in paragraph (7), by striking the period at the end and inserting ; and (C) by adding at the end the following: (8) with respect to any applicant for, or recipient of, benefits under a program listed in subsection (b) who is a noncitizen and whose eligibility for such benefits is conditional upon such applicant or recipient having an immigration status that allows the applicant or recipient to work in the United States, the State agency administering such program shall use the employment eligibility confirmation program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a E–Verify . (2) Federal housing programs (A) Section 8(o)(6) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(6) (D) Verification of immigration status For each dwelling unit for which a housing assistance payment contract is established under this subsection, the public housing agency shall, with respect to any prospective tenant of the dwelling unit who is a noncitizen and whose eligibility for assistance is conditional upon the tenant having an immigration status that allows the tenant to work in the United States, use the employment eligibility confirmation program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a E–Verify . (B) Section 8(o)(13) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(13) (P) Verification of immigration status For each dwelling unit in a project for which a housing assistance payment contract is established under this subsection, the public housing agency shall, with respect to any prospective tenant of the dwelling unit who is a noncitizen and whose eligibility for assistance is conditional upon the tenant having an immigration status that allows the tenant to work in the United States, use the employment eligibility confirmation program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a E–Verify . (C) Section 3(a) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(a) (9) Verification of immigration status For each public housing dwelling unit owned, assisted, or operated by a public housing agency, the public housing agency shall, with respect to any prospective tenant of the dwelling unit who is a noncitizen and whose eligibility for assistance is conditional upon the tenant having an immigration status that allows the tenant to work in the United States, use the employment eligibility confirmation program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a E–Verify . (D) Section 202(i) of the Housing Act of 1959 ( 12 U.S.C. 1701q(i) (3) Verification of immigration status For each dwelling unit assisted under this section, the owner shall, with respect to any prospective tenant of the dwelling unit who is a noncitizen and whose eligibility for assistance is conditional upon the tenant having an immigration status that allows the tenant to work in the United States, use the employment eligibility confirmation program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a E–Verify . (E) Section 811(i)(1) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013(i)(1) (E) Verification of immigration status For each dwelling unit assisted under this section, the owner shall, with respect to any prospective tenant of the dwelling unit who is a noncitizen and whose eligibility for assistance is conditional upon the tenant having an immigration status that allows the tenant to work in the United States, use the employment eligibility confirmation program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a E–Verify . (3) Rulemaking (A) In general The Secretary of Agriculture, the Secretary of Health and Human Services, and the Secretary of Labor shall promulgate rules to implement section 1137(a)(8) of the Social Security Act, as added by paragraph (1), which requires the use of E–Verify to verify applicant eligibility for certain programs administered by their respective departments. (B) Housing programs The Secretary of Housing and Urban Development shall promulgate rules to implement amendments made by subparagraphs (A) through (E) of paragraph (2), which require the use of E–Verify to verify tenant eligibility for housing assistance programs administered by the Department of Housing and Urban Development. (4) Effective date The amendments made by this subsection shall take effect on the date of enactment of this Act. 4. Minimum fines for illegal entry and overstay (a) Illegal entry Chapter 8 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1321 et seq. (1) in section 275 ( 8 U.S.C. 1325 (A) in subsection (a)— (i) by striking (1) (ii) by striking or (2) (iii) by striking (3) (iv) by striking shall, for (1) for the first commission of any such offense, be fined in accordance with subsection (b), imprisoned not more than 6 months, or both; and (2) for a subsequent commission of any such offense, be fined in accordance with subsection (b), imprisoned not more than 2 years, or both. ; and (B) in subsection (b)— (i) by inserting (1) Any alien (ii) by striking civil penalty of civil penalty in an amount equal to not less than $3,000 and not more than $10,000. (iii) in the undesignated matter at the end, by striking Civil penalties (2) Civil penalties ; and (2) in section 276 ( 8 U.S.C. 1326 (a) (1) Subject to paragraph (2) and subsection (b), any alien who, after being denied admission, excluded, deported, or removed or after departing the United States while an order of exclusion, deportation, or removal is outstanding, enters, attempts to enter, or is at any time found in, the United States, shall be subject to a civil penalty in an amount equal to not less than $3,000 and not more than $10,000. (2) Notwithstanding paragraph (1), an alien described in such paragraph shall not be subject to the civil penalty described in such paragraph if— (A) before reembarking at a place outside the United States or applying for admission from a foreign contiguous territory, the Secretary of Homeland Security has expressly consented to such alien's reapplying for admission; or (B) with respect to an alien previously denied admission and removed, such alien establishes that he or she was not required to obtain such advance consent under this Act. . (b) Overstay Section 222(g) of the Immigration and Nationality Act ( 8 U.S.C. 1202(g) (3) An alien described in paragraph (1) shall be subject to a civil penalty in an amount equal to the product of $50 multiplied by the number of months that the alien remained in the United States beyond the alien’s authorized period of stay. .

WALL Act of 2023

Supporting Seniors with Opioid Use Disorder Act of 2023 This bill requires the Centers for Medicare & Medicaid Services to conduct additional outreach regarding opioid use disorder treatment services that are covered under Medicare and to collect relevant data on the utilization of such services.

118 S3326 IS: Supporting Seniors with Opioid Use Disorder Act of 2023 U.S. Senate 2023-11-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3326 IN THE SENATE OF THE UNITED STATES November 15, 2023 Ms. Collins Mr. Cardin Committee on Finance A BILL To improve access to opioid use disorder treatment services under the Medicare program. 1. Short title This Act may be cited as the Supporting Seniors with Opioid Use Disorder Act of 2023 2. Increasing awareness and data collection regarding medicare coverage of opioid use disorder treatment services (a) Required outreach The Secretary shall advance education and awareness among beneficiaries and health care providers regarding coverage of opioid use disorder treatment services furnished in person or via telehealth under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (b) Report and evaluation The Secretary shall conduct an evaluation of the outreach conducted under subsection (a) not later than 18 months after initiating such activities and shall submit to Congress a report that provides an analysis of the effectiveness of outreach activities targeting beneficiaries who were previously not receiving opioid use disorder treatment services, including the effect of such outreach on beneficiary access to care and utilization of services, in addition to the number of providers treating beneficiaries for opioid use disorder in office-based settings. (c) Improving data collection Not later than 1 year after the date of the enactment of this Act, the Administrator shall provide data to the Substance Abuse and Mental Health Services Administration on— (1) the number of Medicare beneficiaries diagnosed with opioid use disorder; (2) the number of beneficiaries who receive medication-assisted treatment under the Medicare program; (3) the number of beneficiaries who receive medication-assisted treatment under the Medicare program who also receive behavioral therapy; and (4) any geographic areas in which beneficiaries remain underserved with respect to the provision of opioid use disorder treatment services under the Medicare program. (d) Stakeholder meeting Not later than 18 months after the date of the enactment of this Act, the Secretary shall convene a meeting of stakeholders, including practicing behavioral health providers, to share best practices on the utilization of behavioral therapy among beneficiaries receiving medication to treat opioid use disorder under the Medicare program. (e) Definitions In this section: (1) Administrator The term Administrator (2) Medication assisted treatment The term medication-assisted treatment (3) Opioid use disorder treatment services The term opioid use disorder treatment services 42 U.S.C. 1395x(jjj)(1) (4) Secretary The term Secretary

Supporting Seniors with Opioid Use Disorder Act of 2023

Keep Our Communities Safe Act of 2023 This bill revises provisions related to the authority of the Department of Homeland Security (DHS) to detain non-U.S. nationals (aliens under federal law). DHS may detain an individual pending a removal decision for any length of time until the individual is subject to a final removal order. DHS must detain certain individuals, such as those convicted of an aggravated felony, beyond certain time limits for immigration-related detention. The authority of the Department of Justice to review DHS custody decisions concerning an individual awaiting a removal decision shall be limited to whether the individual may be detained, released on bond, or released with no bond. DHS may release such an individual on bond only if the individual is not a flight risk or risk to the community. For an individual subject to a removal order, DHS may extend the 90-day removal period (generally the window in which DHS has to remove an individual after a final order of removal) in certain instances, such as when removal is stayed during an appeal. DHS may continue to detain an individual beyond the removal period and any removal period extensions. DHS must periodically certify a justification for detaining an individual beyond the removal period. DHS must establish a detention review process for individuals who (1) have made all reasonable efforts to comply with a removal order, and (2) are not subject to mandatory detention. DHS shall use this process to determine whether such an individual should be detained or released with conditions.

118 S333 IS: Keep Our Communities Safe Act of 2023 U.S. Senate 2023-02-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 333 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mrs. Britt Mr. Barrasso Mr. Braun Mr. Cassidy Mr. Cotton Mr. Cramer Mr. Crapo Mr. Cruz Mrs. Fischer Mr. Grassley Mr. Hoeven Mrs. Hyde-Smith Mr. Mullin Mr. Risch Mr. Rounds Mr. Rubio Mr. Schmitt Mr. Thune Mr. Tillis Mr. Tuberville Mr. Boozman Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to provide for extensions of detention of certain aliens ordered removed, and for other purposes. 1. Short title This Act may be cited as the Keep Our Communities Safe Act of 2023 2. Sense of Congress It is the sense of Congress that— (1) rights guaranteed by the Constitution of the United States should be upheld and protected; (2) Congress intends to uphold the constitutional principle of due process of law; and (3) due process of law is a right afforded to every person in the United States. 3. Detention of dangerous aliens during removal proceedings Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 (1) by striking Attorney General Secretary of Homeland Security (2) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting or the Attorney General (B) in paragraph (1), by striking and (C) in paragraph (2)(B), by striking conditional parole; but recognizance; and (3) in subsection (b)— (A) in the subsection heading, by striking parole recognizance (B) by striking parole recognizance (4) in subsection (c)(1), by striking the undesignated matter following subparagraph (D) and inserting the following: any time after the alien is released, without regard to whether an alien is released related to any activity, offense, or conviction described in this paragraph; to whether the alien is released on parole, supervised release, or probation; or to whether the alien may be arrested or imprisoned again for the same offense. If the activity described in this paragraph does not result in the alien being taken into custody by any person other than the Secretary, when the alien is brought to the attention of the Secretary or when the Secretary determines it is practical to take such alien into custody, the Secretary shall take such alien into custody. ; (5) in subsection (e), by striking Attorney General’s Secretary of Homeland Security’s (6) by adding at the end the following: (f) Length of detention Notwithstanding any other provision under this section, an alien may be detained under this section for any period, without limitation, except as provided in subsection (h), until the alien is subject to a final order of removal. The length of detention under this section shall not affect a detention under section 241. (g) Administrative review (1) Limitation The Attorney General’s review of the Secretary of Homeland Security’s custody determinations under subsection (a) shall be limited to whether the alien may be detained, released on bond (of at least $1,500 with security approved by the Secretary), or released with no bond. Any review involving an alien described in paragraph (2)(D) shall be limited to a determination of whether the alien is properly included in such category. (2) Classes of aliens The Attorney General shall review the Secretary’s custody determinations for— (A) aliens in exclusion proceedings; (B) aliens described in section 212(a)(3) or 237(a)(4); (C) aliens described in subsection (c); and (D) aliens in deportation proceedings under section 242(a)(2) (as in effect between April 24, 1996, and April 1, 1997). (h) Release on bond (1) In general An alien detained pursuant to subsection (a) may seek release on bond. No bond may be granted under this subsection unless the alien establishes, by clear and convincing evidence, that the alien is not a flight risk or a risk to another person or the community. (2) Certain aliens ineligible No alien detained pursuant to subsection (c) may seek release on bond under this subsection. . 4. Aliens ordered removed Section 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a) (1) by striking Attorney General Secretary of Homeland Security (2) in paragraph (1)— (A) by striking subparagraphs (B) and (C) and inserting the following: (B) Beginning of period The removal period begins on the latest of— (i) the date on which the order of removal becomes administratively final; (ii) the date on which the alien is taken into such custody if the alien is not in the custody of the Secretary on the date on which the order of removal becomes administratively final; and (iii) the date on which the alien is taken into the custody of the Secretary after the alien is released from detention or confinement if the alien is detained or confined (except for an immigration process) on the date on which the order of removal becomes administratively final. (C) Suspension of period (i) Extension The removal period shall be extended beyond 90 days and the Secretary may, in the Secretary’s sole discretion, keep the alien in detention during such extended period, if— (I) the alien fails or refuses to make all reasonable efforts to comply with the removal order, or to fully cooperate with the Secretary’s efforts to establish the alien’s identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien's departure or conspires or acts to prevent the alien's removal that is subject to an order of removal; (II) a court, the Board of Immigration Appeals, or an immigration judge orders a stay of removal of an alien who is subject to an administratively final order of removal; (III) the Secretary transfers custody of the alien pursuant to law to another Federal agency or a State or local government agency in connection with the official duties of such agency; or (IV) a court or the Board of Immigration Appeals orders a remand to an immigration judge or the Board of Immigration Appeals, during the time period when the case is pending a decision on remand (with the removal period beginning anew on the date that the alien is ordered removed on remand). (ii) Renewal If the removal period has been extended under clause (i), a new removal period shall be deemed to have begun on the date on which— (I) the alien makes all reasonable efforts to comply with the removal order, or to fully cooperate with the Secretary’s efforts to establish the alien’s identity and carry out the removal order; (II) the stay of removal is no longer in effect; or (III) the alien is returned to the custody of the Secretary. (iii) Mandatory detention for certain aliens The Secretary shall keep an alien described in subparagraphs (A) through (D) of section 236(c)(1) in detention during the extended period described in clause (i). (iv) Sole form of relief An alien may only seek relief from detention under this subparagraph by filing an application for a writ of habeas corpus in accordance with chapter 153 ; (3) in paragraph (3)— (A) in the matter preceding subparagraph (A), by inserting or is not detained pursuant to paragraph (6) the removal period (B) by amending subparagraph (D) to read as follows: (D) to obey reasonable restrictions on the alien’s conduct or activities that the Secretary prescribes for the alien— (i) to prevent the alien from absconding; (ii) for the protection of the community; or (iii) for other purposes related to the enforcement of Federal immigration laws. ; (4) in paragraph (4)(A), by striking paragraph (2) subparagraph (B) (5) by amending paragraph (6) to read as follows: (6) Additional rules for detention or release of certain aliens (A) Detention review process for cooperative aliens established (i) In general The Secretary of Homeland Security shall establish an administrative review process to determine whether an alien who is not otherwise subject to mandatory detention, who has made all reasonable efforts to comply with a removal order and to cooperate fully with the Secretary’s efforts to establish the alien’s identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien’s departure, and who has not conspired or acted to prevent removal should be detained or released on conditions. (ii) Determination The Secretary of Homeland Security shall make a determination whether to release an alien after the removal period in accordance with subparagraph (B), which— (I) shall include consideration of any evidence submitted by the alien; and (II) may include consideration of any other evidence, including— (aa) any information or assistance provided by the Secretary of State or other Federal official; and (bb) any other information available to the Secretary of Homeland Security pertaining to the ability to remove the alien. (B) Authority to detain beyond removal period (i) In general The Secretary of Homeland Security may continue to detain an alien for 90 days beyond the removal period (including any extension of the removal period under paragraph (1)(C)). An alien whose detention is extended under this subparagraph shall not have the right to seek release on bond. (ii) Specific circumstances The Secretary of Homeland Security may continue to detain an alien beyond the 90 days authorized under clause (i)— (I) until the alien is removed, if the Secretary determines that there is a significant likelihood that the alien— (aa) will be removed in the reasonably foreseeable future; (bb) would be removed in the reasonably foreseeable future; or (cc) would have been removed if the alien had not— (AA) failed or refused to make all reasonable efforts to comply with the removal order; (BB) failed or refused to cooperate fully with the Secretary’s efforts to establish the alien’s identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien’s departure; or (CC) conspired or acted to prevent removal; (II) until the alien is removed, if the Secretary of Homeland Security certifies in writing— (aa) in consultation with the Secretary of Health and Human Services, that the alien has a highly contagious disease that poses a threat to public safety; (bb) after receipt of a written recommendation from the Secretary of State, that release of the alien is likely to have serious adverse foreign policy consequences for the United States; (cc) based on information available to the Secretary of Homeland Security (including classified, sensitive, or national security information, and without regard to the grounds upon which the alien was ordered removed), that there is reason to believe that the release of the alien would threaten the national security of the United States; (dd) that the release of the alien will threaten the safety of the community or any person, conditions of release cannot reasonably be expected to ensure the safety of the community or of any person; (ee) the alien has been convicted of 1 or more aggravated felonies (as defined in section 101(a)(43)(A)) or of 1 or more crimes identified by the Secretary of Homeland Security by regulation, or of 1 or more attempts or conspiracies to commit any such aggravated felonies or such identified crimes, if the aggregate term of imprisonment for such attempts or conspiracies is at least 5 years; or (ff) the alien has committed 1 or more crimes of violence (as defined in section 16 of title 18, United States Code, but not including a purely political offense) and, because of a mental condition or personality disorder and behavior associated with that condition or disorder, the alien is likely to engage in acts of violence in the future; or (III) pending a certification under subclause (II), if the Secretary of Homeland Security has initiated the administrative review process not later than 30 days after the expiration of the removal period (including any extension of the removal period under paragraph (1)(C)). (iii) No right to bond hearing An alien whose detention is extended under this subparagraph shall not have a right to seek release on bond, including by reason of a certification under clause (ii)(II). (C) Renewal and delegation of certification (i) Renewal The Secretary of Homeland Security may renew a certification under subparagraph (B)(ii)(II) every 6 months after providing an opportunity for the alien to request reconsideration of the certification and to submit documents or other evidence in support of that request. If the Secretary does not renew a certification, the Secretary may not continue to detain the alien under subparagraph (B)(ii)(II). (ii) Delegation Notwithstanding section 103, the Secretary of Homeland Security may not delegate the authority to make or renew a certification described in item (bb), (cc), or (dd) of subparagraph (B)(ii)(II) below the level of the Assistant Secretary for Immigration and Customs Enforcement. (iii) Hearing The Secretary of Homeland Security may request that the Attorney General or the Attorney General’s designee provide for a hearing to make the determination described in subparagraph (B)(ii)(II)(dd)(BB). (D) Release on conditions If it is determined that an alien should be released from detention by a Federal court, the Board of Immigration Appeals, or if an immigration judge orders a stay of removal, the Secretary of Homeland Security may impose conditions on release as provided under paragraph (3). (E) Redetention (i) In general The Secretary of Homeland Security, without any limitations other than those specified in this section, may detain any alien subject to a final removal order who is released from custody if— (I) removal becomes likely in the reasonably foreseeable future; (II) the alien fails to comply with the conditions of release or to continue to satisfy the conditions described in subparagraph (A); or (III) upon reconsideration, the Secretary determines that the alien can be detained under subparagraph (B). (ii) Applicability This section shall apply to any alien returned to custody pursuant to this subparagraph as if the removal period terminated on the day of the redetention. (F) Review of determinations by secretary A determination by the Secretary under this paragraph shall not be subject to review by any other agency. . 5. Crime of violence defined Section 16(b) of title 18, United States Code, is amended— (1) by striking by its nature, involves based on the facts of the offense, involved (2) by striking may be used may have been used 6. Severability If any of the provisions of this Act, any amendment made by this Act, or the application of any such provision to any person or circumstance, is held to be invalid for any reason, the remainder of this Act, the amendments made by this Act, and the application of the provisions and amendments made by this Act to any other person or circumstance shall not be affected by such holding. 7. Effective dates (a) Apprehension and detention of aliens The amendments made by section 3 shall take effect on the date of the enactment of this Act. Section 236 of the Immigration and Nationality Act, as amended by section 3, shall apply to any alien in detention under the provisions of such section on or after such date of enactment. (b) Aliens ordered removed The amendments made by section 4 shall take effect on the date of the enactment of this Act. Section 241 of the Immigration and Nationality Act, as amended by section 4, shall apply to— (1) all aliens subject to a final administrative removal, deportation, or exclusion order that was issued before, on, or after the date of the enactment of this Act; and (2) acts and conditions occurring or existing before, on, or after such date of enactment.

Keep Our Communities Safe Act of 2023

Black Vulture Relief Act of 2023 This bill allows livestock producers and their employees to take certain actions against black vultures to protect livestock. (Black vultures are protected under the Migratory Bird Treaty Act.) Specifically, livestock producers and their employees may (1) take (i.e., capture, kill, or disperse, or transport the carcass of) a black vulture that they reasonably believe will cause death, injury, or destruction to livestock; or (2) in the course of taking or attempting to take the black vulture, cause injury to the bird. However, they may not take or attempt to take a black vulture through the use of poison. Livestock producers and their employees must submit an annual report to the U.S. Fish and Wildlife Service (FWS) on black vultures taken under this bill. The FWS must make this reporting form available on its website. Currently, the FWS has a permit process under the Migratory Bird Treaty Act for the taking of black vultures.

118 S3358 IS: Black Vulture Relief Act of 2023 U.S. Senate 2023-11-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3358 IN THE SENATE OF THE UNITED STATES November 29, 2023 Mr. Mullin Mrs. Hyde-Smith Mr. Tuberville Mr. Hagerty Mr. Rubio Mr. Scott of Florida Mrs. Britt Mr. Marshall Mr. Cruz Mr. Wicker Committee on Environment and Public Works A BILL To authorize livestock producers and their employees to take black vultures to prevent death, injury, or destruction to livestock, and for other purposes. 1. Short title This Act may be cited as the Black Vulture Relief Act of 2023 2. Authorization for livestock producers and their employees to take certain black vultures (a) Definitions In this section: (1) Black vulture The term black vulture (2) Covered person The term covered person (A) a livestock producer; or (B) an employee of a livestock producer when the employee is actively engaged in livestock production. (3) Director The term Director (4) Livestock The term livestock 7 U.S.C. 1471 (5) Livestock producer The term livestock producer 7 U.S.C. 1471 (6) Take The term take (A) to capture, kill, or disperse a black vulture; or (B) to transport a black vulture carcass. (b) Authorization (1) In general Subject to paragraph (2), notwithstanding the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq. (A) take or attempt to take a black vulture that is causing, or that the covered person has a reasonable belief will cause, death, injury, or destruction to livestock; or (B) in the course of taking or attempting to take a black vulture described in subparagraph (A), cause injury to the black vulture. (2) Prohibition A covered person may not take or attempt to take a black vulture through the use of poison. (c) Reports (1) In general Not later than January 31 of each year, a covered person that takes a black vulture in accordance with subsection (b) in the preceding 12-month period shall complete and submit to the appropriate United States Fish and Wildlife Service Regional Office (as determined by the geographic jurisdictions described in section 2.2 of title 50, Code of Federal Regulations (or a successor regulation)) an annual report using the form developed by the Director under subsection (d). (2) Clarification A covered person shall not be required to submit a report under paragraph (1) until after the date on which the Director develops and makes available the reporting form under subsection (d). (d) Reporting forms (1) In general Subject to paragraph (2), not later than 180 days after the date of enactment of this Act, the Director shall develop and make available on the website of the United States Fish and Wildlife Service a reporting form the Director determines appropriate for the purposes of accepting reports under subsection (c). (2) Format The form developed and made available under paragraph (1) may not be more onerous to complete than similar forms required for permitted take under the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq.

Black Vulture Relief Act of 2023

Ensuring Safe and Toxic-Free Foods Act of 2023 This bill requires the Food and Drug Administration to incorporate certain requirements into its regulations about Generally Recognized As Safe (GRAS) food substances, including specific restrictions on substances that cause cancer or human reproductive or developmental toxicity. The bill also establishes an Office of Food Chemical Safety, Dietary Supplements, and Innovation to reassess the safety of GRAS and other specified substances.

118 S3387 IS: Ensuring Safe and Toxic-Free Foods Act of 2023 U.S. Senate 2023-12-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3387 IN THE SENATE OF THE UNITED STATES December 4, 2023 Mr. Markey Mr. Booker Mr. Blumenthal Ms. Warren Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Health and Human Services to update and clarify its rule on substances generally recognized as safe and to establish within the Food and Drug Administration the Office of Food Chemical Safety, Dietary Supplements, and Innovation, and for other purposes. 1. Short title This Act may be cited as the Ensuring Safe and Toxic-Free Foods Act of 2023 2. Directed rulemaking regarding substances generally recognized as safe (a) Definitions In this section: (1) GRAS The term GRAS generally recognized as safe for use in food (2) Reproductive or developmental toxicity The term reproductive or developmental toxicity (3) Secretary The term Secretary (4) Vulnerable human populations The term vulnerable human population (b) Directed rulemaking (1) In general The Secretary shall— (A) not later than 1 year after the date of enactment of this Act, publish a proposed revision to the final rule titled Substances Generally Recognized as Safe (B) not later than 180 days after the close of the period for public comment on the revision proposed under subparagraph (A), publish a final revision to such final rule; and (C) not later than 180 days after the date of enactment of this Act, publish a plan for monitoring industry compliance with the rules, regulations, and guidance of the Food and Drug Administration relating to GRAS, including the December 2022 guidance titled Best Practices for Convening a GRAS Panel (2) Contents The revision required by subparagraphs (A) and (B) of paragraph (1) shall include each of the following: (A) The revision shall prohibit a manufacturer from marketing a substance as GRAS, or manufacturing or selling food that contains a substance the manufacturer has determined to be GRAS, unless— (i) the Secretary has made a final determination, which is conveyed to the manufacturer in writing, that the Secretary has received sufficient notice from the manufacturer that the manufacturer has determined such substance to be GRAS under the conditions of its intended use; and (ii) the manufacturer has provided the Secretary with supporting information sufficient to understand the basis of the determination, including— (I) the cumulative effects of the substance, as required under section 409 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 348 (II) an adequately protective use of safety factors, as described under such section 409, including safety factors to account for the particular sensitivities of vulnerable human populations, to the extent that data are available to derive safety factors for each vulnerable human population; (III) information demonstrating that the weight of evidence analysis shows the substance has not been found to induce cancer when ingested by humans or animals; and (IV) information demonstrating that the weight of evidence analysis shows the substance has not been found to induce reproductive or developmental toxicity when ingested by humans or animals, including through an endocrine mode of action. (B) The revision shall require— (i) the Secretary to make each determination that is submitted pursuant to subparagraph (A)(i), and the supporting information submitted pursuant to subparagraph (A)(ii), publicly available on the website of the Food and Drug Administration; (ii) a period of at least 90 days for the Secretary and the public to review each such determination and object, if appropriate, in order to ensure that the substance involved is safe taking into account the factors listed in subparagraph (A) and in paragraphs (3) through (5) of section 409(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 348(c) (iii) the Secretary’s objection, or decision not to object, to be considered final agency action. (C) The revision shall clarify that substances that are known (or reasonably anticipated) to cause cancer in humans or animals identified by the National Toxicology Program cannot be GRAS. (D) The revision shall clarify that substances that show clear evidence (or some evidence) of human reproductive or developmental toxicity identified by the National Toxicology Program cannot be GRAS. (E) The revision shall clarify that any substance that was not marketed for use in foods in the United States before issuance of the revised rule cannot be GRAS and shall be approved by the Secretary through a food additive petition as required by section 409(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 348(c) (F) The revision shall— (i) incorporate standards prohibiting conflict of interests among experts providing data for substances submitted for GRAS review; and (ii) incorporate measures to strengthen the recommendations in the December 2022 guidance of the Food and Drug Administration titled Best Practices for Convening a GRAS Panel (G) The revision shall create a process that requires the Secretary to systematically reassess any substance that was determined to be GRAS if the initial determination did not meet the revised standards for such a determination, in accordance with the procedures and resources in section 409A of the Federal Food, Drug, and Cosmetic Act, as added by section 3. 3. Office of Food Chemical Safety, Dietary Supplements, and Innovation Chapter IV of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 341 et seq. 21 U.S.C. 348 409A. Office of Food Chemical Safety, Dietary Supplements, and Innovation (a) Definitions In this section: (1) Food contact substance The term food contact substance (2) Generally recognized as safe for use in food The term generally recognized as safe for use in food (3) Prior-sanctioned substance The term prior-sanctioned substance (4) Reproductive or developmental toxicity The term reproductive or developmental toxicity (A) adverse effects on the reproductive systems of female or male humans or animals, that may include alterations to the female or male reproductive system development, the endocrine system, fertility, pregnancy, pregnancy outcomes, or modifications in other functions that are dependent on the integrity of the reproductive system; or (B) adverse effects on developing organisms that result from exposure prior to conception, during the prenatal period, or until the time of sexual maturity. (5) Vulnerable human population The term vulnerable human population (A) infants, children, and adolescents; (B) pregnant, postpartum, or breastfeeding women; (C) older adults; (D) individuals with preexisting medical conditions; (E) workers who may be exposed to chemical substances and mixtures; (F) residents in communities subject to disproportionate exposures or adverse effects; and (G) members of any other appropriate population identified by the Secretary. (b) Establishment Not later than 1 year after the date of enactment of this section, the Secretary shall establish within the Food and Drug Administration an office, to be known as the Office of Food Chemical Safety, Dietary Supplements, and Innovation Office (c) Safety reassessments Not later than 3 years after the date on which the Office is established, and not less frequently than once every 3 years thereafter, the Office shall— (1) reassess the safety of not less than 10 of the substances or classes of substances described in subsection (b); and (2) issue final regulations— (A) determining that any such substance or class of substance is safe within the meaning of section 409 and establishing the conditions of use, if any, under which any such substance or class of substances can be used safely within the meaning of such section; or (B) determining that any such substance or class of substances is unsafe within the meaning of such section. (d) Considerations In determining, for the purposes of this section, whether a substance or class of substances is unsafe within the meaning of section 409, the Secretary shall consider among other relevant factors— (1) the cumulative effects of the substance, as described under such section 409; and (2) an adequately protective use of safety factors, as described under such section 409, including safety factors to account for the particular sensitivities of vulnerable human populations. (e) Notice prior to selecting substances for reassessment Prior to selecting substances or classes of substances to reassess under subsection (c), the Secretary shall post a notice in the Federal Register requesting information and recommendations on which substances and classes should be reassessed. The information shall include substance or class name, uses, and data relating to the actual and potential hazards and impact on public health. (f) Notice prior to commencement Prior to commencing a reassessment of a substance or class of substances under subsection (c), the Secretary shall post a notice in the Federal Register requesting information on any uses of such substance or class in food, including as a prior-sanctioned substance, food contact substance, or substance that is generally recognized as safe for use in food. The information requested shall include when the uses commenced, the specific conditions of use, how they were determined to be safe, scientific evidence relevant to the safety of the substance that has become available since its use in food commenced, and the anticipated amounts that may be found in food. (g) Food Chemical Committee of the Science Board Not later than 180 days after the date of enactment of this section, the Secretary shall establish a standing Food Chemical Committee (referred to in this subsection as the Committee (h) Rule of construction Nothing in this section alters the authority or duties of the Secretary with respect to the administration and enforcement of section 409. .

Ensuring Safe and Toxic-Free Foods Act of 2023

Facilitating the Reshoring of Energy Grid Component Manufacturing Act of 2023 This bill directs the Department of Energy (DOE) to establish a loan program for the production of energy grid products or components. Under the program, DOE may provide loans for activities related to projects that reequip, expand, or establish manufacturing facilities to produce energy grid products or their components. Energy grid products include large power transformers or any other electrical equipment commonly used for the transmission or distribution of electric energy by public electric utilities.

110 S34 IS: Facilitating the Reshoring of Energy Grid Component Manufacturing Act of 2023 U.S. Senate 2023-01-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 34 IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Rubio Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to establish a program to provide loans to manufacturers of energy grid products and components. 1. Short title This Act may be cited as the Facilitating the Reshoring of Energy Grid Component Manufacturing Act of 2023 2. Energy grid product and component manufacturing in the United States (a) Definitions In this section: (1) Component The term component (2) Eligible project The term eligible project (3) Energy grid product The term energy grid product (A) a bulk-power system (as defined in section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) (B) a large power transformer; (C) a switchgear or breaker; (D) a converter; (E) a direct current filter; (F) an alternating current switch or switchyard; (G) an insulated-gate bipolar transistor; (H) a capacitor; (I) an inductor; (J) an arrestor; (K) a resistor; (L) a distribution transformer; (M) grain-oriented electrical steel; (N) continuously transposed conduction (CTC) copper wire; (O) silicon steel; (P) any insulating material; and (Q) any other electrical equipment commonly used for the transmission or distribution of electric energy by public electric utilities. (4) Secretary The term Secretary (b) Loan program (1) Establishment (A) In general Not later than 180 days after the date of enactment of this Act, and subject to the availability of appropriated funds, the Secretary shall establish and carry out a program to provide a total of not more than $8,000,000,000 in loans to eligible individuals and entities (as determined by the Secretary) for the costs of activities relating to eligible projects. (B) Financing method (i) In general Except as provided in clause (ii), a loan under this subsection shall be provided through the Federal Financing Bank, with the full faith and credit of the United States Government on the principal and interest. (ii) Cooperation with other institutions A loan under this subsection may be provided in cooperation with 1 or more banks or other financial institutions through agreements to participate on an immediate or deferred (guaranteed) basis. (C) Credit subsidy The full credit subsidy for each loan provided under this subsection shall be paid by the Secretary using appropriated funds. (2) Application An individual or entity desiring a loan under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a written assurance that— (A) all laborers and mechanics employed by contractors or subcontractors during any construction, alteration, or repair that is financed, in whole or in part, by a loan provided under this subsection shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality, as determined by the Secretary of Labor in accordance with sections 3141 through 3144, 3146, and 3147 of title 40, United States Code; and (B) the Secretary of Labor shall, with respect to the labor standards described in this paragraph, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, United States Code. (3) Selection of loan recipients and eligible projects (A) In general The Secretary may provide a loan under this subsection if the Secretary determines that— (i) the loan recipient— (I) has a reasonable prospect of repaying the principal and interest on the loan; (II) will provide sufficient information to the Secretary for the Secretary to ensure that the loan proceeds are expended efficiently and effectively; and (III) has met such other criteria as may be established and published by the Secretary; and (ii) the amount of the loan (when combined with amounts available to the loan recipient from other sources) will be sufficient to carry out the eligible project for which the loan is provided. (B) Reasonable prospect of repayment The Secretary shall base a determination of whether there is a reasonable prospect of repayment of the principal and interest on a loan under subparagraph (A)(i)(I) on a comprehensive evaluation of whether the loan recipient has a reasonable prospect of repaying the principal and interest, including, as applicable, an evaluation of— (i) the strength of the contractual terms of the applicable eligible project (if commercially reasonably available); (ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary; (iii) cash sweeps and other structure enhancements; (iv) the projected financial strength of the loan recipient— (I) at the time of loan close; and (II) throughout the loan term after the applicable eligible project is completed; (v) the financial strength of the investors and strategic partners of the loan recipient, if applicable; and (vi) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined to be appropriate by the Secretary. (4) Rates, terms, and repayment of loans A loan provided under this subsection— (A) shall have an interest rate that, as of the date on which the loan is provided, is equal to the cost of funds to the Department of the Treasury for obligations of comparable maturity; (B) shall have a term equal to the lesser of— (i) the projected life, in years, of the eligible project to be carried out using proceeds from the loan, as determined by the Secretary; and (ii) 20 years; (C) may be subject to a deferral in repayment for not more than 5 years after the date on which the eligible project carried out using proceeds from the loan first begins operations, as determined by the Secretary; (D) shall be made by the Federal Financing Bank; and (E) shall be subject to the condition that the loan is not subordinate to other financing. (5) Conflicts of interest For each loan provided under this subsection, the Secretary shall certify that political influence did not affect the provision of the loan, including— (A) selection of the eligible project for which the loan was provided; and (B) selection of the loan recipient. (6) Administrative fee The Secretary may charge a fee for the administrative and closing costs of a loan provided under this subsection, subject to the condition that the fee does not exceed the lesser of— (A) $100,000; and (B) 10 basis points of the principal amount of the loan. (c) Improvement Not later than 90 days after the date of enactment of this Act, the Secretary shall promulgate an interim final rule establishing regulations that the Secretary determines to be necessary to administer this section and any loans provided by the Secretary under subsection (b). (d) Priority (1) In general In providing loans under this section to manufacturers (including component suppliers) that have existing facilities, the Secretary shall give priority to manufacturers that are seeking to expand manufacturing output through— (A) the establishment of 1 or more new facilities; or (B) the reopening of 1 or more facilities. (2) Idle facilities A facility described in subparagraph (A) or (B) of paragraph (1) may be sitting idle as of the date on which the applicable loan is provided under this section. (e) Set aside for small energy grid product manufacturers and component suppliers (1) Definition of covered firm In this subsection, the term covered firm (A) employs fewer than 500 individuals; and (B) manufactures energy grid products or components. (2) Set aside Of the amounts used to provide loans each fiscal year under subsection (b), the Secretary shall use not less than 5 percent to provide loans to— (A) covered firms; or (B) consortia led by covered firms. (f) Appointment and pay of personnel (1) In general The Secretary may use direct hiring authority pursuant to section 3304(a)(3) of title 5, United States Code, to appoint such professional and administrative personnel as the Secretary determines to be necessary to carry out this section and any functions of the Secretary under this section. (2) Rate of pay The rate of pay for a person appointed pursuant to paragraph (1) shall not exceed the maximum rate payable for GS–15 of the General Schedule under chapter 53 (3) Consultants The Secretary may retain, pursuant to section 1901 of title 41, United States Code, such consultants as the Secretary determines to be necessary to carry out this section and any functions of the Secretary under this section. (g) Outreach In carrying out this section, the Secretary shall— (1) provide assistance with the completion of applications for loans under this section; and (2) conduct outreach, including through conferences and online programs, to disseminate information about loans under this section to potential applicants. (h) Report Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to Congress a report on the status of projects supported by a loan under this section, including— (1) a list of projects for which a loan was provided under this section, including, with respect to each project— (A) the loan amount; and (B) the construction status of the project; (2) the status of the loan repayment for each project, including future repayment projections; (3) data regarding the number of direct and indirect jobs retained, restored, or created by financed projects; (4) a projection of the number of new projects for which the Secretary expects to provide a loan under this section during the 2-year period beginning on the date of the report, including the projected aggregate loan amount over that 2-year period; (5) an evaluation of ongoing compliance with the assurances and commitments (and the accuracy of any predictions) made by applicants pursuant to paragraphs (2) and (3) of subsection (b); (6) the total number of applications received by the Secretary each year; and (7) any other metrics that the Secretary determines to be appropriate. (i) Funding (1) Rescission Of the unobligated balance of amounts made available by section 129 of division A of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 ( Public Law 110–329 (2) Direct appropriation If sufficient unobligated amounts made available by section 129 of division A of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 ( Public Law 110–329

Facilitating the Reshoring of Energy Grid Component Manufacturing Act of 2023

Medicare Patient Empowerment Act of 2023 This bill allows any Medicare beneficiary to enter into a contract with an eligible professional, regardless of whether the professional is a participating or non-participating physician or practitioner, for any item or service covered by Medicare. Such beneficiaries may submit a claim for Medicare payment in the amount that would otherwise apply, except that, where the professional is considered to be non-participating, payment shall be paid as if the professional were participating. An eligible professional is a physician, physician assistant, nurse practitioner, clinical nurse specialist, certified registered nurse anesthetist, certified nurse-midwife, clinical social worker, clinical psychologist, registered dietitian or nutrition professional, physical or occupational therapist, qualified speech-language pathologist, or qualified audiologist. A Medicare beneficiary must agree in writing in such a contract to (1) pay the eligible professional for a Medicare-covered item or service; and (2) submit, in lieu of the eligible professional, a claim for Medicare payment. However, a beneficiary may negotiate, as a term of the contract, for the eligible professional to file such claims on the beneficiary's behalf. The bill preempts state laws from limiting the amount of charges for physician and practitioner services for which Medicare payment is made.

118 S3403 IS: Medicare Patient Empowerment Act of 2023 U.S. Senate 2023-12-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3403 IN THE SENATE OF THE UNITED STATES December 5, 2023 Mr. Paul Ms. Murkowski Committee on Finance A BILL To amend title XVIII of the Social Security Act to establish a Medicare payment option for patients and eligible professionals to freely contract, without penalty, for Medicare fee-for-service items and services, while allowing Medicare beneficiaries to use their Medicare benefits. 1. Short title This Act may be cited as the Medicare Patient Empowerment Act of 2023 2. Guaranteeing freedom of choice and contracting for patients under Medicare (a) In general Section 1802 of the Social Security Act ( 42 U.S.C. 1395a 1802. Freedom of Choice and Contracting by Patient Guaranteed (a) Basic freedom of choice Any individual entitled to insurance benefits under this title may obtain health services from any institution, agency, or person qualified to participate under this title if such institution, agency, or person undertakes to provide that individual such services. (b) Freedom To contract by Medicare beneficiaries (1) In general Subject to the provisions of this subsection, nothing in this title shall prohibit a Medicare beneficiary from entering into a contract with an eligible professional (whether or not the professional is a participating or non-participating physician or practitioner) for any item or service covered under this title. (2) Submission of claims Any Medicare beneficiary that enters into a contract under this section with an eligible professional shall be permitted to submit a claim for payment under this title for services furnished by such professional, and such payment shall be made in the amount that would otherwise apply to such professional under this title except that where such professional is considered to be non-participating, payment shall be paid as if the professional were participating. Payment made under this title for any item or service provided under the contract shall not render the professional a participating or non-participating physician or practitioner, and as such, requirements of this title that may otherwise apply to a participating or non-participating physician or practitioner would not apply with respect to any items or services furnished under the contract. (3) Beneficiary protections (A) In general Paragraph (1) shall not apply to any contract unless— (i) the contract is in writing, is signed by the Medicare beneficiary and the eligible professional, and establishes all terms of the contract (including specific payment for items and services covered by the contract) before any item or service is provided pursuant to the contract, and the beneficiary shall be held harmless for any subsequent payment charged for an item or service in excess of the amount established under the contract during the period the contract is in effect; (ii) the contract contains the items described in subparagraph (B); and (iii) the contract is not entered into at a time when the Medicare beneficiary is facing an emergency medical condition or urgent health care situation. (B) Items required to be included in contract Any contract to provide items and services to which paragraph (1) applies shall clearly indicate to the Medicare beneficiary that by signing such contract the beneficiary— (i) agrees to be responsible for payment to such eligible professional for such items or services under the terms of and amounts established under the contract; (ii) agrees to be responsible for submitting claims under this title to the Secretary, and to any other supplemental insurance plan that may provide supplemental insurance, for such items or services furnished under the contract if such items or services are covered by this title, unless otherwise provided in the contract under subparagraph (C)(i); and (iii) acknowledges that no limits or other payment incentives that may otherwise apply under this title (such as the limits under subsection (g) of section 1848 or incentives under subsection (a)(5), (m), (q), and (p) of such section) shall apply to amounts that may be charged, or paid to a beneficiary for, such items or services. Such contract shall also clearly indicate whether the eligible professional is excluded from participation under the Medicare program under section 1128. (C) Beneficiary elections under the contract Any Medicare beneficiary that enters into a contract under this section may elect to negotiate, as a term of the contract, a provision under which— (i) the eligible professional shall file claims on behalf of the beneficiary with the Secretary and any supplemental insurance plan for items or services furnished under the contract if such items or services are covered under this title or under the plan; and (ii) the beneficiary assigns payment to the eligible professional for any claims filed by, or on behalf of, the beneficiary with the Secretary and any supplemental insurance plan for items or services furnished under the contract. (D) Exclusion of dual eligible individuals Paragraph (1) shall not apply to any contract if a beneficiary who is eligible for medical assistance under title XIX is a party to the contract. (4) Limitation on actual charge and claim submission requirement not applicable Section 1848(g) shall not apply with respect to any item or service provided to a Medicare beneficiary under a contract described in paragraph (1). (5) Construction Nothing in this section shall be construed— (A) to prohibit any eligible professional from maintaining an election and acting as a participating or non-participating physician or practitioner with respect to any patient not covered under a contract established under this section; and (B) as changing the items and services for which an eligible professional may bill under this title. (6) Definitions In this subsection: (A) Medicare beneficiary The term Medicare beneficiary (B) Eligible professional The term eligible professional (C) Emergency medical condition The term emergency medical condition (i) serious jeopardy to the health of the individual or, in the case of a pregnant woman, the health of the woman or her unborn child; (ii) serious impairment to bodily functions; or (iii) serious dysfunction of any bodily organ or part. (D) Participating; non-participating The terms participating nonparticipating (E) Urgent health care situation The term urgent health care situation . 3. Preemption of State laws limiting charges for services by an eligible professional (a) In general No State may impose a limit on the amount of charges for services, furnished by an eligible professional (as defined in subsection (k)(3)(B) of section 1848 of the Social Security Act, 42 U.S.C. 1395w–4 (b) State In this section, the term State

Medicare Patient Empowerment Act of 2023

Climate Change Resiliency Fund for America Act of 2023 This bill provides support to address the impacts of climate change. Specifically, the bill authorizes the Department of the Treasury to issue up to $1 billion in climate change obligations (e.g., bonds) in a fiscal year, with bond proceeds going into the Climate Change Resiliency Fund established by this bill. The fund must be used for a program that finances projects that reduce the economic, social, and environmental impact of the adverse effects of climate change. A percentage of those funds must be used to benefit communities that experience disproportionate impacts from climate change. The Climate Change Advisory Commission, established by this bill, must provide recommendations and guidelines for the program and identify categories of the most cost-effective investments and projects that emphasize multiple benefits to commerce, human health, and ecosystems.

118 S3416 IS: Climate Change Resiliency Fund for America Act of 2023 U.S. Senate 2023-12-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3416 IN THE SENATE OF THE UNITED STATES December 6, 2023 Mr. Durbin Committee on Finance A BILL To establish the Climate Change Advisory Commission to develop recommendations, frameworks, and guidelines for projects to respond to the impacts of climate change, to issue Federal obligations, the proceeds of which shall be used to fund projects that aid in adaptation to climate change, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Climate Change Resiliency Fund for America Act of 2023 (b) Table of contents Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Climate Change Advisory Commission Sec. 101. Establishment of Climate Change Advisory Commission. Sec. 102. Duties. Sec. 103. Commission personnel matters. Sec. 104. Funding. Sec. 105. Termination. TITLE II—Climate Change Resiliency Fund Sec. 201. Climate Change Resiliency Fund. Sec. 202. Compliance with Davis-Bacon Act. Sec. 203. Funding. TITLE III—Revenue Sec. 301. Climate Change Obligations. Sec. 302. Promotion. 2. Definitions In this Act: (1) Commission The term Commission (2) Community of color The term community of color (A) Black. (B) African American. (C) Asian. (D) Pacific Islander. (E) Other non-White race. (F) Hispanic. (G) Latino. (H) Linguistically isolated. (3) Eligible entity The term eligible entity (A) a Federal agency; (B) a State or group of States; (C) a unit of local government or a group of local governments; (D) a utility district; (E) a Tribal government or a consortium of Tribal governments; (F) a State or regional transit agency or a group of State or regional transit agencies; (G) a nonprofit organization; (H) a special purpose district or public authority, including a port authority; and (I) any other entity, as determined by the Secretary. (4) Environmental justice community The term environmental justice community (5) Frontline community The term frontline community (6) Fund The term Fund (7) Low-income community The term low-income community (A) an amount equal to 80 percent of the median household income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) 200 percent of the Federal poverty line. (8) Project The term project (9) Qualified climate change adaptation purpose (A) In general The term qualified climate change adaptation purpose (B) Inclusions The term qualified climate change adaptation purpose (i) reducing risks or enhancing resilience to sea level rise, extreme weather events, fires, drought, flooding, heat island impacts, or worsened indoor or outdoor air quality; (ii) protecting farms and the food supply from climate impacts; (iii) reducing risks of food insecurity that would otherwise result from climate change; (iv) ensuring that disaster and public health plans account for more severe weather; (v) reducing risks from geographical change to disease vectors, pathogens, invasive species, and the distribution of pests; and (vi) other projects or activities, as determined to be appropriate by the Commission. (10) Secretary The term Secretary (11) State The term State I Climate Change Advisory Commission 101. Establishment of Climate Change Advisory Commission (a) In general There is established a commission to be known as the Climate Change Advisory Commission (b) Membership The Commission shall be composed of 11 members— (1) who shall be selected from the public and private sectors and institutions of higher education; and (2) of whom— (A) 3 shall be appointed by the President, in consultation with the National Climate Task Force; (B) 2 shall be appointed by the Speaker of the House of Representatives; (C) 2 shall be appointed by the minority leader of the House of Representatives; (D) 2 shall be appointed by the majority leader of the Senate; and (E) 2 shall be appointed by the minority leader of the Senate. (c) Terms Each member of the Commission shall be appointed for the life of the Commission. (d) Initial appointments Each member of the Commission shall be appointed not later than 90 days after the date of enactment of this Act. (e) Vacancies A vacancy on the Commission— (1) shall not affect the powers of the Commission; and (2) shall be filled in the manner in which the original appointment was made. (f) Initial meeting Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (g) Meetings The Commission shall meet at the call of the Chairperson. (h) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (i) Chairperson and Vice Chairperson The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. 102. Duties The Commission shall— (1) establish recommendations, frameworks, and guidelines for a Federal investment program funded by revenue from climate change obligations issued under section 301 for eligible entities that— (A) improve and adapt energy, transportation, water, and general infrastructure impacted or expected to be impacted due to climate variability; and (B) integrate best available science, data, standards, models, and trends that improve the resiliency of infrastructure systems described in subparagraph (A); and (2) in consultation with the Council on Environmental Quality and the White House Environmental Justice Interagency Council, identify categories of the most cost-effective investments and projects that emphasize multiple benefits to human health, commerce, and ecosystems while ensuring that the Commission engages in early and meaningful community stakeholder involvement opportunities during the development of the recommendations, frameworks, and guidelines established under paragraph (1). 103. Commission personnel matters (a) Compensation of members (1) Non-federal employees A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (2) Federal employees A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (b) Travel expenses A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 (c) Staff (1) In general The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate such personnel as are necessary to enable the Commission to perform the duties of the Commission. (2) Compensation (A) In general Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 (B) Maximum rate of pay The rate of pay for personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. 104. Funding The Commission shall use amounts in the Fund to pay for all administrative expenses of the Commission. 105. Termination The Commission shall terminate on such date as the Commission determines after the Commission carries out the duties of the Commission under section 102. II Climate Change Resiliency Fund 201. Climate Change Resiliency Fund (a) Establishment (1) In general There is established in the Treasury of the United States the Climate Change Resiliency Fund (2) Use of amounts (A) In general The Secretary shall use not less than 40 percent of the amounts in the Fund to fund projects that benefit communities that experience disproportionate impacts from climate change, including environmental justice communities, frontline communities, and low-income communities. (B) Maintenance of effort All amounts deposited in the Fund in accordance with section 301(a) shall only be used— (i) to fund new projects in accordance with this section; and (ii) for administrative expenses of the Commission authorized under section 104. (3) Responsibility of Secretary The Secretary shall take such action as the Secretary determines necessary to assist in implementing the Fund in accordance with this section. (b) Climate change adaptation projects The Secretary, in consultation with the Commission, shall carry out a program to provide funds to eligible entities to carry out projects for a qualified climate change adaptation purpose. (c) Applications (1) In general An eligible entity desiring funds under subsection (b) shall, with respect to a project, submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents An application submitted by an eligible entity under this subsection shall include data relating to any benefits the eligible entity expects the project to provide to the community in which the applicable project is performed, such as— (A) an economic impact; or (B) improvements to public health. (3) Technical assistance The Secretary shall offer technical assistance to eligible entities preparing applications under this subsection. (d) Selection (1) In general The Secretary shall select eligible entities to receive funds to carry out projects under this section based on criteria and guidelines determined and published by the Commission under section 102. (2) Priority In selecting eligible entities under paragraph (1), the Secretary shall give priority to eligible entities planning to perform projects that will serve areas with the greatest need. (e) Non-Federal funding requirement (1) In general Subject to paragraphs (2) and (3), in order to receive funds under this section, an eligible entity shall provide funds for a project in an amount that is equal to not less than 25 percent of the amount of funds provided under this section. (2) Waiver The Secretary may waive all or part of the matching requirement under paragraph (1) for an eligible entity, especially an eligible entity performing a project benefitting a low-income community or an environmental justice community, if the Secretary determines that— (A) there are no reasonable means available through which the eligible entity can meet the matching requirement; or (B) the probable benefit of the project outweighs the public interest of the matching requirement. (3) No-match projects (A) In general The Secretary shall award not less than 10 percent and not more than 40 percent of the total funds awarded under this section to eligible entities to which the matching requirement under paragraph (1) shall not apply. (B) Priority The Secretary shall give priority for funding under subparagraph (A) to an eligible entity performing a project in a community experiencing a disproportionate impact of climate change, including— (i) an environmental justice community; (ii) a low-income community; or (iii) a community of color. (f) Applicability of Federal law Nothing in this Act shall be construed to waive the requirements of any Federal law or regulation that would otherwise apply to a project that receives funds under this section. 202. Compliance with Davis-Bacon Act (a) In general All laborers and mechanics employed by contractors and subcontractors on projects funded directly by, or assisted in whole or in part by and through, the Fund shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of title 40, United States Code. (b) Labor standards With respect to the labor standards described in this section, the Secretary of Labor shall have 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. 203. Funding To carry out the program under section 201(b), the Secretary, in addition to amounts in the Fund, may use amounts that have been made available to the Secretary and are not otherwise obligated. III Revenue 301. Climate Change Obligations (a) In general Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury or the Secretary's delegate (referred to in this title as the Secretary chapter 31 climate change obligations (b) Full faith and credit Payment of interest and principal with respect to any climate change obligation issued under this section shall be made from the general fund of the Treasury of the United States and shall be backed by the full faith and credit of the United States. (c) Exemption from local taxation All climate change obligations issued by the Secretary, and the interest on or credits with respect to such obligations, shall not be subject to taxation by any State, county, municipality, or local taxing authority. (d) Amount of Climate Change Obligations (1) In general Except as provided in paragraph (2), the aggregate face amount of the climate change obligations issued annually under this section shall be $200,000,000. (2) Additional obligations For any calendar year in which all of the obligations issued pursuant to paragraph (1) have been purchased, the Secretary may issue additional climate change obligations during such calendar year, provided that the aggregate face amount of such additional obligations does not exceed $800,000,000. (e) Funding The Secretary shall use funds made available to the Secretary and not otherwise obligated to carry out the purposes of this section. 302. Promotion (a) In general The Secretary shall promote the purchase of climate change obligations through such means as are determined appropriate by the Secretary, with the amount expended for such promotion not to exceed $10,000,000 for any fiscal year during the period of fiscal years 2024 through 2028. (b) Donated advertising In addition to any advertising paid for with funds made available under subsection (c), the Secretary shall solicit and may accept the donation of advertising relating to the sale of climate change obligations. (c) Authorization of appropriations For each fiscal year during the period of fiscal years 2024 through 2028, there is authorized to be appropriated $10,000,000 to carry out the purposes of this section.

Climate Change Resiliency Fund for America Act of 2023

Access to Counsel Act of 2023 This bill provides various protections for covered individuals subject to secondary or deferred inspections when seeking admission into the United States. Covered individuals include U.S. nationals, lawful permanent residents, non-U.S. nationals (aliens under federal law) in possession of a visa, returning asylees, and refugees. The Department of Homeland Security must ensure that a covered individual subject to secondary or deferred inspection has a meaningful opportunity to consult with counsel and certain related parties, such as a relative, within an hour of the start of the secondary inspection and as necessary during the inspection process. The counsel and related party must be allowed to advocate on behalf of the covered individual, including by providing evidence and information to the examining immigration officer. A lawful permanent resident subject to secondary or deferred inspection may not abandon lawful permanent resident status until the individual has had a meaningful opportunity to seek advice from counsel, unless the individual voluntarily and knowingly waives in writing this opportunity to seek counsel's advice.

118 S342 IS: Access to Counsel Act of 2023 U.S. Senate 2023-02-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 342 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Padilla Mr. Blumenthal Mr. Booker Mr. Cardin Mr. Coons Ms. Cortez Masto Ms. Duckworth Mr. Durbin Mrs. Gillibrand Mr. Hickenlooper Ms. Hirono Mr. Luján Mr. Markey Mrs. Murray Mr. Sanders Mr. Van Hollen Ms. Warren Mr. Welch Committee on the Judiciary A BILL To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection. 1. Short title This Act may be cited as the Access to Counsel Act of 2023 2. Access to counsel and other assistance at ports of entry and during deferred inspection (a) Access to counsel and other assistance during inspection Section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 (e) Access to counsel and other assistance during inspection at ports of entry and during deferred inspection (1) In general The Secretary of Homeland Security shall ensure that each covered individual has a meaningful opportunity to consult with counsel and an interested party during the inspection process. (2) Scope of assistance The Secretary of Homeland Security shall— (A) provide each covered individual with a meaningful opportunity to consult (including consultation by telephone) with counsel and an interested party not later than 1 hour after the secondary inspection process commences and as necessary throughout the remainder of the inspection process, including, as applicable, during deferred inspection; (B) allow counsel and an interested party to advocate on behalf of the covered individual, including by providing to the examining immigration officer information, documentation, and other evidence in support of the covered individual; and (C) to the greatest extent practicable, accommodate a request by the covered individual for counsel or an interested party to appear in person at the secondary or deferred inspection site. (3) Special rule for lawful permanent residents (A) In general Except as provided in subparagraph (B), the Secretary of Homeland Security may not accept a Form I–407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection without first providing such lawful permanent resident a meaningful opportunity to seek advice from counsel. (B) Exception The Secretary of Homeland Security may accept a Form I–407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from any lawful permanent resident subject to secondary or deferred inspection if such lawful permanent resident knowingly, intelligently, and voluntarily waives, in writing, the opportunity to seek advice from counsel. (4) Definitions In this section: (A) Counsel The term counsel (i) an attorney who is a member in good standing of the bar of any State, the District of Columbia, or a territory or a possession of the United States and is not under an order suspending, enjoining, restraining, disbarring, or otherwise restricting the attorney in the practice of law; or (ii) an individual accredited by the Attorney General, acting as a representative of an organization recognized by the Executive Office for Immigration Review, to represent a covered individual in immigration matters. (B) Covered individual The term covered individual (i) a national of the United States; (ii) an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad; (iii) an alien seeking admission as an immigrant in possession of a valid unexpired immigrant visa; (iv) an alien seeking admission as a nonimmigrant in possession of a valid unexpired nonimmigrant visa; (v) a refugee; (vi) a returning asylee; or (vii) an alien who has been approved for parole under section 212(d)(5)(A), including an alien who is returning to the United States in possession of a valid advance parole document. (C) Interested party The term interested party (i) a relative of the covered individual; (ii) in the case of a covered individual to whom an immigrant or a nonimmigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or (iii) a person, organization, or entity in the United States with a bona fide connection to the covered individual. . (b) Effective date The amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act. (c) Savings provision Nothing in this Act, or in any amendment made by this Act, may be construed to limit a right to counsel or any right to appointed counsel under— (1) section 240(b)(4)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(4)(A) (2) section 292 of such Act ( 8 U.S.C. 1362 (3) any other provision of law, including any final court order securing such rights, as in effect on the day before the date of the enactment of this Act.

Access to Counsel Act of 2023

Overtime Pay for Protective Services Act of 2023 This bill extends through 2028 and modifies the authority to provide premium pay for protective services employees of the U.S. Secret Service that exceeds certain statutory limits on premium pay. The bill also requires the Secret Service to provide related information to Congress. The bill provides that, if the bill is enacted after December 31, 2023, the extension applies as if it were enacted on December 31, 2023. The bill also specifies that employees who perform routine administrative or technical work are not eligible for this premium pay. Next, within 180 days of the bill's enactment, the Secret Service must report to Congress on how it is addressing the demand for Secret Service protection personnel and recommend strategies for reducing the use of overtime. The bill also requires the Secret Service to report to Congress: (1) the number of employees receiving premium pay above the statutory cap; (2) the number of employees who were not fully compensated due to the statutory cap and the total amount that employees would have been paid without the cap; (3) the total, median, mean, and greatest amounts of premium pay above the cap; and (4) a list of personnel who received premium pay above the cap and separated from the agency. This information must be provided for each calendar year and updated quarterly. Further, the Secret Service must report to Congress on the effect that the bill has had on this data.

115 S3427 ES: Overtime Pay for Protective Services Act of 2023 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 118th CONGRESS 1st Session S. 3427 IN THE SENATE OF THE UNITED STATES AN ACT To extend the authority to provide employees of the United States Secret Service with overtime pay beyond other statutory limitations, and for other purposes. 1. Short title This Act may be cited as the Overtime Pay for Protective Services Act of 2023 2. Extension of overtime pay exception through 2028 for protective services (a) Amendments Section 2 of the Overtime Pay for Protective Services Act of 2016 ( 5 U.S.C. 5547 (1) in the section heading, by striking 2023 2028 (2) in subsection (a)— (A) in the subsection heading, by striking Definition Definitions (B) by striking In this section, the term In this section— (1) the term ; and (C) by striking 2023. 2028; and (2) the term protective services ; and (3) in subsection (b)(1), by striking during each of calendar years 2016 through 2023 for protective services during each of calendar years 2016 through 2028 (b) Retroactive effective date If this Act is enacted after December 31, 2023, the amendments made by subsection (a) shall take effect as if enacted on December 31, 2023. (c) Reports (1) Definitions In this subsection: (A) Appropriate committees of Congress The term appropriate committees of Congress (i) the Committee on Appropriations of the Senate; (ii) the Committee on Homeland Security and Governmental Affairs of the Senate; (iii) the Committee on the Judiciary of the Senate; (iv) the Committee on Appropriations of the House of Representatives; (v) the Committee on Homeland Security of the House of Representatives; (vi) the Committee on Oversight and Accountability of the House of Representatives; and (vii) the Committee on the Judiciary of the House of Representatives. (B) Director The term Director (2) Report on plans to reduce overtime usage (A) In general Not later than 180 days after the date of enactment of this Act, the Director shall submit to the appropriate committees of Congress a report describing the steps that the United States Secret Service is taking to address the increased protective service demands placed upon United States Secret Service personnel. (B) Elements The report required under subparagraph (A) shall include the following: (i) An analysis of the current (as of the date on which the report is submitted) operational demands and staffing levels with respect to the United States Secret Service. (ii) Recommended strategies for reducing overtime requirements for United States Secret Service personnel, including— (I) the appointment of additional personnel; (II) solutions such that sufficient resources are available throughout each year without the need for exceptions to, or waivers of, premium pay limitations; (III) the redistribution of workload among United States Secret Service personnel; and (IV) other improvements in operational efficiency with respect to the United States Secret Service. (3) Annual projections (A) In general (i) Requirement In accordance with the schedule described in clause (ii), the Director shall submit to the appropriate committees of Congress a report that contains projections for the information described in paragraphs (1) through (7) of section 2(c) of the Secret Service Recruitment and Retention Act of 2018 ( Public Law 115–160 (ii) Schedule described The schedule described in this clause is as follows: (I) Not later than 30 days after the date of enactment of this Act, a report with respect to calendar year 2024. (II) Not later than December 31 of each of calendar years 2024 through 2027, a report with respect to the calendar year following the calendar year in which the report is submitted. (B) Quarterly updates With respect to each annual report required under subparagraph (A), the Director shall, on the last day of each calendar quarter of the calendar year that is covered by the report, submit to the appropriate committees of Congress an updated version of that report that contains projections for the information described in that subparagraph for the remainder of that calendar year, which shall be divided by calendar quarter. (C) Deeming of period Solely for the purposes of a report required under this paragraph, a reference in any of paragraphs (1) through (7) of section 2(c) of the Secret Service Recruitment and Retention Act of 2018 ( Public Law 115–160 (4) Effect of amendments Not later than January 30 of each of calendar years 2025 through 2029, the Director shall submit to the appropriate committees of Congress a report on the effects of the amendments made by subsection (a), which shall include, with respect to the calendar year preceding the calendar year in which the report is submitted, the following: (A) The information described in paragraphs (1) through (7) of section 2(c) of the Secret Service Recruitment and Retention Act of 2018 ( Public Law 115–160 (B) A comparison between the final data reported under subparagraph (A) and the annual projections reported for that calendar year under paragraph (3)(A), including an explanation for any substantial variance between that final data and those annual projections. Passed the Senate December 18, 2023. Secretary

Overtime Pay for Protective Services Act of 2023

Mental and Physical Health Care Comorbidities Act of 2023 This bill establishes a demonstration program to test hospital innovations that support low-income or uninsured individuals with serious mental and physical health comorbidities and to identify appropriate payment reforms under Medicare and Medicaid. Participating hospitals must (1) have a proportionally high number of Medicare or Medicaid patients, and (2) develop a plan and related quality metrics for innovations to provide coordinated care and address social determinants of health for individuals with serious mental illness or emotional disturbance and physical comorbidities (e.g., chronic conditions).

118 S3450 IS: Mental and Physical Health Care Comorbidities Act of 2023 U.S. Senate 2023-12-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3450 IN THE SENATE OF THE UNITED STATES December 7, 2023 Mr. Bennet Committee on Finance A BILL To amend title XVIII of the Social Security Act to establish a demonstration program to promote collaborative treatment of mental and physical health comorbidities under the Medicare program. 1. Short title This Act may be cited as the Mental and Physical Health Care Comorbidities Act of 2023 2. Establishing a demonstration program to promote collaborative treatment of mental and physical health comorbidities under the Medicare program Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 1866H. Mental and physical health comorbidities collaborative demonstration program (a) In general Consistent with the model described in section 1115A(b)(2)(B)(xv) (relating to promoting improved quality and reduced cost by developing a collaborative of high-quality, low-cost health care institutions), the Secretary shall conduct a demonstration program (in this section referred to as the ‘program’) to test and evaluate innovations implemented by eligible hospitals (as defined in subsection (f)) in the furnishing of items and services to applicable individuals (as defined in subsection (f)) with mental and physical health comorbidities (and those at risk of developing such comorbidities), including by addressing the adverse social determinants of health that such individuals often experience. (b) Activities under program Under the program, the Secretary shall, in coordination with eligible hospitals participating in the program— (1) identify, validate, and disseminate innovative, effective evidence-based best practices and models that improve care and outcomes for applicable individuals with mental and physical health comorbidities located in vulnerable communities, including by addressing the social determinants of health that adversely impact such individuals; and (2) assist in the identification of potential payment reforms under this title and title XIX that could more broadly effectuate such improvements. (c) Duration and scope The program conducted under this section shall operate during the period beginning on October 1, 2024, and ending no later than September 30, 2029. (d) Program elements (1) In general An eligible hospital electing to participate in the program shall enter into an agreement with the Secretary for purposes of carrying out the activities described in subsection (b). Such an agreement shall include the plan described in paragraph (2), along with an annualized payment arrangement as described in paragraph (3) to support implementation of such plan. Such agreement shall include a requirement for the hospital to— (A) engage in the learning collaborative established under subsection (e); (B) certify that all proposed innovations under such plan will supplement and not supplant existing activities, whether by augmenting existing activities or initiating new activities; and (C) remit payments made under such arrangement to the Secretary if the Secretary determines that such hospital has not complied with the terms of such agreement. (2) Program elements An eligible hospital electing to participate in the program shall submit a proposed plan and associated quality metrics for review and approval by the Secretary. Such plan and metrics shall, at a minimum, address— (A) the specific innovations addressing mental and physical health comorbidities (as defined in subsection (f)) and innovations addressing social determinants of health (as defined in such subsection) that will be employed and the evidence base supporting the proposed approach; (B) the proposed target population of applicable individuals with respect to which such innovations will be employed, including a description of the extent to which such population consists of applicable individuals described in subparagraph (A), (B), or (C) of subsection (f)(1); (C) the evidence-based data supporting a community’s status as a vulnerable community through sources, such as Bureau of the Census data and measures such as the Neighborhood Deprivation Index or the Child Opportunity Index; (D) community partners, such as nonprofit organizations, federally qualified health centers, rural health clinics, and units of local government (including law enforcement and judicial entities) that will participate in the implementation of such innovations; (E) how such innovations will address mental and physical health comorbidities and social determinants of health for the target population; (F) how such innovations may inform changes in payment and other policies under this title and title XIX (such as care coordination reimbursement, mental health homes, improvements to home and community-based service portfolios, and coverage of supportive services); (G) how such innovations might contribute to a reduction in overall health care costs, including under this title and title XIX and for uninsured persons, through improvements in population health, reductions in health care utilization (such as inpatient admissions, utilization of emergency departments, and boarding of patients), and otherwise; (H) how such innovations can be expected to improve the mental and physical health status of minority populations; (I) how such innovations can be expected to reduce other non-medical public expenditures; (J) metrics to track care quality, improvement in outcomes, and the impact of such innovations on health care and other public expenditures; (K) how program outcomes will be assessed and evaluated; and (L) how the hospital will collect and organize data and fully participate in the learning collaborative established under subsection (e). (3) Participation; payments The Secretary shall negotiate an annualized payment arrangement with each eligible hospital participating in the program. Such arrangement may include an annual lump sum amount, capitated payment amount, or such other arrangement as determined appropriate by the Secretary, and which may include an arrangement that includes financial risk for the hospital, to support implementation of the innovations specified in the plan described in paragraph (2). (e) Learning collaborative (1) In general The Secretary shall establish a learning collaborative that shall convene eligible hospitals participating in the program and other interested parties on a regular basis to report on and share information regarding evidence-based innovations addressing mental and physical health comorbidities, innovations addressing social determinants of health, and associated metrics and outcomes. (2) Focused forums The Secretary may establish different focused forums within the collaborative, such as ones that specifically address different geographic regions (such as urban and rural), certain types of comorbidities, or as the Secretary otherwise determines appropriate based on the types of agreements entered into under subsection (d). (3) Dissemination of information The Secretary shall provide for the dissemination to other health care providers and interested parties of information on promising and effective activities. (f) Definitions For purposes of this section: (1) Applicable individual The term applicable individual (A) a subsidy eligible individual (as defined in section 1860D–14(a)(3)(A)) without regard to clause (i) of such section; (B) enrolled under a State plan (or waiver of such plan) under title XIX; or (C) uninsured. (2) Eligible hospital The term eligible hospital (A) a rural hospital with a disproportionate patient percentage of at least 35 percent (as determined by the Secretary under section 1886(d)(5)(F)(vi)) or would have a disproportionate patient percentage of at least 35 percent (as so determined) if the hospital were a subsection (d) hospital (or, a percentage of inpatient days consisting of items and services furnished to individuals entitled to benefits under part A that exceeds 85 percent of all such days) that is either a critical access hospital, a sole community hospital (as defined in section 1886(d)(5)(D)(iii)), or a medicare-dependent, small rural hospital (as defined in section 1886(d)(5)(G)(iv)); (B) a large subsection (d) teaching and tertiary hospital with more than 200 beds that as of, or subsequent to July 1, 2020, has an average Medicare case mix index of at least 1.5, an intern and resident-to-bed ratio of at least 0.25 percent (or at least 150 full-time equivalent interns, residents, and fellows), and is either a public hospital with a disproportionate patient percentage of at least 35 percent (as determined by the Secretary under section 1886(d)(5)(F)(vi)) or a nonprofit hospital with a disproportionate patient percentage of at least 45 percent; or (C) a small subsection (d) urban safety net hospital (as determined by the Secretary) with less than 200 beds that is deemed to be a disproportionate share hospital under section 1923(b). (3) Innovations addressing mental and physical health comorbidities The term innovations addressing mental and physical health comorbidities (A) Implementation of interdisciplinary integrative coordinated care team models, including those that utilize mental health emergency department in-reach staff (and other emergency-department interventions), care coordination staff and social services support, and clinic-based services. (B) Integration of mental health services into medical homes, coordinated care organizations, accountable care entities, and in-home services. (C) Incorporation of mental health and social risk screening into medical screening, particularly in child and adolescent populations. (D) Preventing adverse impacts on mental health resulting from physical health treatments or medications, or on physical health resulting from mental health treatments or medications, through cross disciplinary provider education, quality metrics, and other mechanisms. (E) Improvements in electronic health records and other technology platforms or networks to capture, track, and monitor mental and physical health treatments and medications provided across care settings and otherwise facilitate care coordination. (F) Piloting of reimbursement modifications that utilize site-neutral payments and that address conflicts and disincentives related to chronic care management and behavioral health management and differential treatment of inpatient and outpatient settings. (G) Mitigating the incidence of admission and readmission into psychiatric inpatient settings of chronically ill elderly patients through methods such as active inpatient management, variations in initial length of stay, enhanced discharge planning, and psychosocial interventions. (H) Delivering health behavior assessments and interventions to improve physical health outcomes for patients and aid in the management of chronic health conditions. (I) In coordination with law enforcement agencies and judicial entities, interventions targeted at providing mental and physical health services (including, as appropriate, substance use disorder services) to individuals convicted of criminal offenses for purposes of mitigating recidivism. (4) Innovations addressing social determinants of health The term innovations addressing social determinants of health (A) Improvements in electronic health records to better integrate mental health, medical care, and social care (such as screening for social factors, facilitated or closed loop referral, risk stratification, and shared records with community-based organizations). (B) Personnel-supported wrap around (C) Home and community-based services that provide collaborative care to address mental and physical health comorbidities through health behavior services, nutrition support, medication management, transitional care, telehealth, mobile integrated health care, paramedic-based home visitation, or utilization of community health workers. (D) Hospital-based interventions (such as same day primary care services, skilled nursing interventions, substance use disorder and behavioral health treatment coordination of care, collaborative care models, discharge planning and medication reconciliation, long-term care management, and post-traumatic injury management). (5) Individual with mental and physical health comorbidities The term individual with mental and physical health comorbidities (A) Has or is at risk for one or more chronic conditions (as defined by the Secretary). (B) High-risk pregnancy. (C) History of high utilization of acute care services. (D) Frail elderly (defined by impairments in activities of daily living). (E) Disability, including traumatic brain injury. (F) Critical illness or injury requiring long-term recovery. (6) Vulnerable community The term vulnerable community (g) Evaluation and report Not later than 1 year after the date of completion of the program under this section, the Secretary shall submit to Congress a report containing an evaluation of the activities supported by the program. Such report shall include the following: (1) A description of each such activity, including— (A) the target population of such activity; (B) how such activity addressed the adverse social determinants of health in such population; and (C) the role of community-based organizations and other community partners (such as nonprofits and units of local government) in such activity. (2) Evidence showing whether and how each such activity advanced any of the following objectives: (A) Improved access to care. (B) Improved quality of care. (C) Improved health outcomes. (D) Amelioration of disparities in care. (E) Improved care coordination. (F) Reduction in health care costs (including such reductions under this title and title XIX and such reductions occurring for uninsured individuals). (G) Reduction in health care utilization (including with respect to inpatient admissions, utilization of emergency departments, and room and board provided to individuals). (H) Reduction in non-medical public expenditures. (I) Changes in patient and provider satisfaction with care delivery. (J) Reductions in involvement with the justice system, including reductions in recidivism. (3) A description of the metrics used to track the implementation and results of each such activity. (4) Recommendations for any legislation or administrative action the Secretary determines appropriate. (h) Funding Any funds appropriated under section 1115A(f) shall be available to the Secretary without further appropriation for the purposes of carrying out this section. .

Mental and Physical Health Care Comorbidities Act of 2023

Meat and Poultry Special Investigator Act of 2023 This bill establishes within the Department of Agriculture (USDA) the Office of the Special Investigator for Competition Matters. Specifically, the office must use all available tools (e.g., subpoenas) to investigate and prosecute violations of the Packers and Stockyards Act of 1921 by packers and live poultry dealers. Further, the bill grants the office the authority to bring any civil or administrative action authorized by that act against a packer or live poultry dealer. Additionally, the office must serve as a liaison to the Department of Justice and the Federal Trade Commission with respect to competition and trade practices in the food and agricultural sector, consult with the Department of Homeland Security on national security and critical infrastructure security in the food and agricultural sector, maintain a staff of attorneys and other professionals with appropriate expertise, and coordinate with the USDA Office of the General Counsel and the Packers and Stockyards Division of the Agricultural Marketing Service.

118 S346 IS: Meat and Poultry Special Investigator Act of 2023 U.S. Senate 2023-02-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 346 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Tester Mr. Grassley Mr. Rounds Mr. Blumenthal Mr. Booker Mr. Daines Mr. Heinrich Mr. Hoeven Ms. Klobuchar Ms. Stabenow Mr. Wyden Committee on Agriculture, Nutrition, and Forestry A BILL To establish the Office of the Special Investigator for Competition Matters within the Department of Agriculture. 1. Short title This Act may be cited as the Meat and Poultry Special Investigator Act of 2023 2. Office of the Special Investigator for Competition Matters (a) In general The Department of Agriculture Reorganization Act of 1994 is amended by inserting after section 216 ( 7 U.S.C. 6916 217. Office of the Special Investigator for Competition Matters (a) Establishment There is established in the Department an office, to be known as the Office of the Special Investigator for Competition Matters Office (b) Special investigator for competition matters The Office shall be headed by the Special Investigator for Competition Matters (referred to in this section as the Special Investigator (c) Duties The Special Investigator shall— (1) use all available tools, including subpoenas, to investigate and prosecute violations of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 181 et seq. (2) serve as a Department liaison to, and act in consultation with, the Department of Justice and the Federal Trade Commission with respect to competition and trade practices in the food and agricultural sector; (3) act in consultation with the Department of Homeland Security with respect to national security and critical infrastructure security in the food and agricultural sector; (4) maintain a staff of attorneys and other professionals with appropriate expertise; and (5) in carrying out paragraphs (1) through (4), coordinate with the Office of the General Counsel and the Packers and Stockyards Division of the Agricultural Marketing Service. (d) Prosecutorial authority (1) In general Notwithstanding title 28, United States Code, the Special Investigator shall have the authority to bring any civil or administrative action authorized under the Packers and Stockyards Act, 1921 ( 7 U.S.C. 181 et seq. (2) Notification With respect to any action brought under this section in Federal district court, the Special Investigator shall notify the Attorney General. (3) Effect Nothing in this section alters the authority of the Secretary to issue a subpoena pursuant to the Packers and Stockyards Act, 1921 ( 7 U.S.C. 181 et seq. (e) Limitation on scope The Special Investigator may not bring an action under this section with respect to an entity that is not regulated under the Packers and Stockyards Act, 1921 ( 7 U.S.C. 181 et seq. . (b) Conforming amendment Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) (11) The authority of the Secretary to carry out section 217. . (c) Technical amendment Subtitle A of the Department of Agriculture Reorganization Act of 1994 is amended by redesignating the first section 225 (relating to Food Access Liaison) ( 7 U.S.C. 6925

Meat and Poultry Special Investigator Act of 2023

Averting the National Threat of Internet Surveillance, Oppressive Censorship and Influence, and Algorithmic Learning by the Chinese Communist Party Act or the ANTI-SOCIAL CCP Act This bill requires the President to impose property-blocking sanctions on TikTok, its parent company ByteDance Ltd., and larger social media companies with ties to certain foreign countries. Specifically, the sanctions shall apply if the relevant property interests are (1) in the United States; or (2) in the possession or control of a U.S. person, if blocking the transaction is necessary to prevent the company's commercial operation in the United States. These sanctions shall also apply to larger social media companies involved with countries or persons (entities or individuals) of concern, generally defined as any foreign government or person engaged in activities adverse to U.S. security and safety and includes specific countries such as China, Russia, and North Korea. For the purposes of this bill, a person of concern also includes private companies and individuals domiciled in a country of concern and subject to the substantial influence of the government. Specifically, in addition to TikTok and ByteDance, the sanctions shall apply to any social media company that is based in or organized under the laws of a country of concern; where a country or person of concern owns 20% of its outstanding voting stock or shares; that uses software or algorithms controlled by a country or person of concern, including through export controls; or where a country or person of concern has substantial influence over the company's data sharing or content moderation practices.

117 S5245 IS: Averting the National Threat of Internet Surveillance, Oppressive Censorship and Influence, and Algorithmic Learning by the Chinese Communist Party Act U.S. Senate 2022-12-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 5245 IN THE SENATE OF THE UNITED STATES December 13, 2022 Mr. Rubio Committee on Banking, Housing, and Urban Affairs A BILL To protect Americans from the threat posed by certain foreign adversaries using current or potential future social media companies that those foreign adversaries control to surveil Americans, learn sensitive data about Americans, or spread influence campaigns, propaganda, and censorship. 1. Short title This Act may be cited as the Averting the National Threat of Internet Surveillance, Oppressive Censorship and Influence, and Algorithmic Learning by the Chinese Communist Party Act ANTI-SOCIAL CCP Act 2. Imposition of sanctions with respect to certain social media companies (a) In general On and after the date that is 30 days after the date of the enactment of this Act, the President shall exercise all the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et. seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a social media company described in subsection (b) if such property and interests in property— (1) are in the United States or come within the United States; or (2) to the extent necessary to prevent commercial operation of the social media company in the United States, are or come within the possession or control of a United States person. (b) Social media company described (1) In general A social media company described in this subsection is a social media company that meets one or more of the following conditions: (A) The company is domiciled in, headquartered in, has its principal place of business in, or is organized under the laws of a country of concern. (B) A country of concern, entity of concern, or some combination thereof, directly or indirectly owns, controls with the ability to decide important matters, or holds with power to vote, ten percent or more of the outstanding voting stock or shares of the company. (C) The company employs software or algorithms controlled or whose export is restricted by a country of concern or entity of concern. (D) The company is subject to substantial influence, directly or indirectly, from a country of concern or entity of concern owing to which— (i) the company shares or could be compelled to share data on United States citizens with a country of concern or entity of concern; or (ii) the content moderation practices of the company are subject to substantial influence from a country of concern or entity of concern. (2) Deemed companies The following companies shall be deemed to be social media companies described in this subsection as of the date of the enactment of this Act unless and until the date on which the President certifies to Congress that the company no longer meets any of the conditions described in paragraph (1): (A) Bytedance, Ltd. (B) TikTok. (C) A subsidiary of or a successor company to a company listed in subparagraph (A) or (B). (D) A company owned or controlled directly or indirectly by a company listed in subparagraph (A) or (B). (c) Exceptions (1) Intelligence activities Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. (2) Importation of goods (A) In general The authorities and requirements to impose sanctions under this section shall not include the authority or requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good (d) Implementation, penalties, and inapplicability of certain provisions (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties A person that violates, attempts to violate, or causes a violation of subsection (a) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (3) Inapplicability of certain provisions The requirements under section 202 and the limitations under section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1701 and 1702(b)) shall not apply for purposes of this section. (e) Severability If any provision of this section or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. (f) Definitions In this section: (1) Country of concern The term country of concern (A) has the meaning given the term foreign adversary 47 U.S.C. 1607(c)(2) (B) includes the People’s Republic of China (including the Special Administrative Regions of China, including Hong Kong and Macau), Russia, Iran, North Korea, Cuba, and Venezuela. (2) Entity of concern The term entity of concern (A) a governmental body at any level in a country of concern; (B) the Armed Forces of a country of concern; (C) the leading political party of a country of concern; (D) an individual who is a national of a country of concern and is domiciled and living in a country of concern, and who is subject to substantial influence, directly or indirectly, from a country of concern; or (E) a private business or a state-owned enterprise domiciled in a country of concern or owned or controlled by a private business or state-owned enterprise domiciled in a country of concern. (3) Social media company The term social media company (A) means any entity that operates, directly or indirectly, including through its parent company, subsidiaries, or affiliates, a website, desktop application, or mobile application that— (i) permits an individual or entity to create an account or profile for the purpose of generating, sharing, and viewing user-generated content through such account or profile; (ii) sells digital advertising space; (iii) has more than 1,000,000 monthly active users for a majority of months during the preceding 12 months; (iv) enables one or more users to generate content that can be viewed by other users of the website, desktop application, or mobile application; and (v) enables users to view content generated by other users of the website, desktop application, or mobile application; and (B) does not include an entity if the entity does not operate a website, desktop application, or mobile application except for a website, desktop application, or mobile application the primary purpose of which is— (i) to allow users to post product reviews, business reviews, or travel information and reviews; or (ii) to provide emergency alert services.

Averting the National Threat of Internet Surveillance, Oppressive Censorship and Influence, and Algorithmic Learning by the Chinese Communist Party Act

Increasing Access to Quality Cardiac Rehabilitation Care Act of 2023 This bill expands certain changes that are scheduled to take effect relating to the coverage of cardiac, intensive cardiac, and pulmonary rehabilitation programs under Medicare. Currently, such programs require physician supervision. Effective January 1, 2024, physician assistants, nurse practitioners, and clinical nurse specialists may also supervise these programs. The bill allows these practitioners to administer programs in their offices, prepare and sign treatment plans, and prescribe exercise.

118 S3481 IS: Increasing Access to Quality Cardiac Rehabilitation Care Act of 2023 U.S. Senate 2023-12-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3481 IN THE SENATE OF THE UNITED STATES December 13, 2023 Mrs. Capito Ms. Klobuchar Committee on Finance A BILL To amend title XVIII of the Social Security Act to expand and expedite access to cardiac rehabilitation programs and pulmonary rehabilitation programs under the Medicare program, and for other purposes. 1. Short title This Act may be cited as the Increasing Access to Quality Cardiac Rehabilitation Care Act of 2023 2. Expanding access to cardiac rehabilitation programs and pulmonary rehabilitation programs under medicare program (a) Cardiac rehabilitation programs Section 1861(eee) of the Social Security Act ( 42 U.S.C. 1395x(eee) (1) in paragraph (2)— (A) in subparagraph (A)(i), by striking a physician’s office the office setting (B) in subparagraph (C), by inserting after physician (as defined in subsection (r)(1)) or a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)) (2) in paragraph (3)(A), by striking physician-prescribed exercise exercise prescribed by a physician (as defined in subsection (r)(1)) or a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)) (3) in paragraph (5), by inserting after physician (as defined in subsection (r)(1)) or a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)) (b) Pulmonary rehabilitation programs Section 1861(fff) of the Social Security Act ( 42 U.S.C. 1395x(fff) (1) in paragraph (2)(A), by striking physician-prescribed exercise exercise prescribed by a physician (as defined in subsection (r)(1)) or a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)) (2) in paragraph (3), by inserting after physician (as defined in subsection (r)(1)) or a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)) (c) Effective date The amendments made by this section shall apply with respect to items and services furnished on or after the date that is 6 months after the date of enactment of this Act.

Increasing Access to Quality Cardiac Rehabilitation Care Act of 2023

Protecting American Advanced Manufacturing Act This bill prohibits companies associated with governments of foreign adversaries from receiving the advanced manufacturing production tax credit. This includes companies that are owned, controlled by, operated by, or under the influence of a foreign adversary, any company whose equity interests are held by a foreign adversary (not less than 10%), or any company that is controlled by a foreign adversary through certain debt, lease, or manufacturing arrangements.

118 S3486 IS: Protecting American Advanced Manufacturing Act U.S. Senate 2023-12-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3486 IN THE SENATE OF THE UNITED STATES December 13, 2023 Mr. Rubio Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to disallow companies associated with foreign adversaries from receiving the advanced manufacturing production credit. 1. Short title This Act may be cited as the Protecting American Advanced Manufacturing Act 2. Prohibition on allowance of advanced manufacturing production credit for eligible components produced by companies associated with foreign adversaries (a) In general Section 45X (e) Prohibition on allowance of credit for eligible components produced by companies associated with foreign adversaries (1) In general No credit shall be allowed under subsection (a) with respect to any eligible component which is produced by a disqualified entity. (2) Disqualified entity (A) In general For purposes of this subsection, the term disqualified entity (B) Foreign adversary parties The entities described in this subparagraph consist of the following: (i) The government of a foreign adversary, any agency or government instrumentality of a foreign adversary, or any entity which is directly or indirectly owned, controlled, or directed by any such government, agency, or government instrumentality. (ii) Any entity organized under the laws of a foreign adversary (or any political subdivision thereof) or whose headquarters is located within a foreign adversary. (C) Owned, controlled, directed, or influenced by foreign adversary parties The entities described in this subparagraph consist of the following: (i) Any entity for which, on any date during the taxable year, not less than 10 percent of the outstanding equity interests (by value, voting, governance, board appointment, or similar rights or influence) are held directly or indirectly by, or on behalf of, 1 or more of the entities described in subparagraph (B), including through interests in co-investment vehicles, joint ventures, or similar arrangements. (ii) Any entity which is directly or indirectly controlled, directed, or materially influenced by any entity described in subparagraph (B). (iii) Any entity for which the actions, management, ownership, or operations of such entity are subject to the direct influence of an entity described in subparagraph (B). (iv) Any entity for which an interest in such entity is held by an entity described in subparagraph (B) (referred to in this clause as the beneficiary firm (D) Debt or other arrangements with foreign adversary parties (i) In general An entity is described in this subparagraph if, as a result of any prohibited obligation or arrangement— (I) the actions, management, or operations of such entity are subject to the direct or indirect influence of 1 or more entities described in subparagraph (B) or (C), or (II) such entity provides a substantial benefit to 1 or more entities described in subparagraph (B) or (C). (ii) Prohibited obligation or arrangement For purposes of this subparagraph, the term prohibited obligation or arrangement (I) debt, (II) lease or sublease arrangement, (III) management or operating arrangement, (IV) contract manufacturing arrangement, (V) license or sublicense agreement, or (VI) financial derivative. (iii) Exception For purposes of clause (i)(II), the purchase of equipment or manufacturing inputs in an arm's-length transaction shall not, in and of itself, be deemed to provide a substantial benefit. (E) Other definitions For purposes of this paragraph— (i) Control The term control Protecting American Advanced Manufacturing Act (ii) Foreign adversary The term foreign adversary covered nation (3) Administration The Secretary may issue such guidance as is necessary to carry out the purposes of this subsection, including establishment of rules for— (A) implementation of paragraph (2)(C)(i) for determination of whether the percentage requirements with respect to outstanding equity interests have been satisfied in the case of an entity for which the stock of such entity is traded on an established securities market in the United States or any foreign country, and (B) preventing entities from evading, circumventing, or abusing the application of the requirements under this subsection. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of enactment of this Act.

Protecting American Advanced Manufacturing Act

New Parents Act of 2023 This bill allows parents to use a portion of their Social Security benefits for up to three months of paid parental leave after the birth or adoption of a child. To receive the parental leave benefit, parents must choose to either increase their retirement age or temporarily receive a reduction in Social Security benefits upon retirement, as specified.

118 S35 IS: New Parents Act of 2023 U.S. Senate 2023-01-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 35 IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Rubio Mr. Romney Committee on Finance A BILL To amend title II of the Social Security Act to make available parental leave benefits to parents following the birth or adoption of a child, and for other purposes. 1. Short title This Act may be cited as the New Parents Act of 2023 2. Parental leave benefits (a) In general Title II of the Social Security Act is amended by inserting after section 218 the following: 219. Parental leave benefits (a) In general Every individual— (1) who has— (A) not less than 8 quarters of coverage, 4 of which are credited to calendar quarters during the calendar year preceding the calendar year in which the 1st month of the benefit period described in subsection (c) occurs; or (B) not less than 12 quarters of coverage; and (2) who has filed an application for a parental leave benefit with respect to a qualified child of the individual, shall be entitled to a parental leave benefit with respect to such qualified child. (b) Benefit amount Such individual’s parental leave benefit shall be an amount equal to the product of— (1) the number of benefit months (not to exceed 3) selected by the individual in the individual’s application for a parental leave benefit, multiplied by (2) an amount equal to the primary insurance amount for the individual that would be determined under section 215 if— (A) the individual had attained age 62 in the first month of the individual’s benefit period; and (B) the individual had become entitled to an old-age insurance benefit under section 202 beginning with such month. For the purposes of the preceding sentence, the elapsed years referred to in section 215(b)(2)(B)(iii) shall not include the year in which the individual's benefit period begins, or any year thereafter. (c) Payment of benefit (1) Selection of number of benefit months In filing an application for a parental leave benefit under this section, an individual shall select the number of months (not to exceed 3) for which the individual will receive a monthly payment under such parental leave benefit (in this section referred to as benefit months (2) Election of benefit months Not later than 14 days before the start of any month in the benefit period of an individual entitled to a parental leave benefit, the individual may elect to treat such month as a benefit month. The number of months in such benefit period treated as benefit months shall equal the number selected in the individual’s benefit application, and the Commissioner may designate any month as a benefit month in any case in which an individual does not elect to treat a sufficient number of months as benefit months before the end of the benefit period. (3) Amount of monthly payment The amount of a monthly payment made in any benefit month within a benefit period to an individual entitled to a parental leave benefit shall be an amount equal to— (A) the amount of the parental leave benefit determined for the individual under subsection (b); divided by (B) the number of benefit months selected by the individual pursuant to paragraph (1) with respect to such benefit. (4) Definition of benefit period For purposes of this section, the term benefit period (d) Benefit application (1) In general The Commissioner shall ensure that the application for a parental leave benefit— (A) includes a notice, clearly written in language that is easily understandable to the reader, explaining that— (i) failure to submit such proof or documentation as the Commissioner may require to demonstrate that the applicant is the parent of the qualified child shall be subject to criminal and civil penalties; (ii) the full cost to the Trust Funds of any amount received by an individual as a parental leave benefit must be repaid through reductions to old-age insurance benefits payable to the individual in subsequent months, or by other means; and (iii) entitlement to a parental leave benefit has no effect on the determination of an individual’s entitlement to leave under the Family and Medical Leave Act of 1993; and (B) requires an attestation by the individual submitting the application that— (i) the individual expects to be the parent of a qualified child throughout the benefit period with respect to such application; (ii) the individual intends to use the benefit to finance spending more time with the qualified child at home and away from employment during the benefit period; and (iii) the individual consents to the terms and conditions specified in the notice described in subparagraph (A). (2) Option to file simultaneous applications The Commissioner of Social Security may establish an option under which an individual may file an application for a parental leave benefit under this section with respect to a qualified child at the same time the individual submits an application for a social security account number for such qualified child. (3) Online availability The Commissioner of Social Security shall, as soon as practicable after the date of enactment of this section, permit an individual to apply for a parental leave benefit through an internet website or other electronic media. (e) Fraud prevention (1) In general The Commissioner of Social Security shall establish procedures to ensure the prevention of fraud with respect to applications for parental leave benefits under this section, including procedures for the submission of such proof or documentation as the Commissioner may require to verify the information contained in such an application. (2) Enforcement In any case in which an individual willfully, knowingly, and with intent to deceive the Commissioner of Social Security fails to comply with the procedures established under paragraph (1), the Commissioner may impose on such individual, in addition to any other penalties that may be prescribed by law— (A) a civil monetary penalty of not more than $7,500 for each such failure; and (B) an assessment, in lieu of any damages sustained by the United States because of such failure, of not more than twice the amount of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual. (f) Benefit repayment (1) In general An individual who is paid a parental leave benefit under this section shall repay the full cost of such benefit to the Federal Old-Age and Survivors Insurance Trust Fund (as such amount is determined by the Commissioner) in accordance with this subsection. (2) Old-age insurance benefit offset (A) In general Except as provided in paragraph (3), in the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, deductions shall be made from each monthly payment of such benefit (not to exceed the first 60 such monthly payments) in such amounts, subject to subparagraph (B), as the Commissioner of Social Security shall determine necessary to fully recover the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. (B) Notification Not later than the beginning of each calendar year, the Commissioner of Social Security shall notify each individual whose old-age insurance benefits are subject to a deduction under subparagraph (A) during such calendar year of the amount of the deduction that will be applied to each monthly payment of such benefits during the calendar year. (3) Alternative increase of retirement age (A) In general In the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, such individual may elect, at the time of application for such benefit, to be subject to a retirement age increase in accordance with this paragraph. Such election shall be irrevocable, and an individual who makes such an election shall not be subject to a deduction under paragraph (2) for any month. (B) Retirement age increase Notwithstanding section 216(l)(1), with respect to an individual who makes an election under subparagraph (A), the retirement age of such individual shall be deemed to be— (i) the retirement age determined with respect to the individual under such section; plus (ii) the additional number of months the Commissioner of Social Security shall determine necessary to result in the full recovery of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. (C) Increase to earliest entitlement age In the case of an individual who makes an election under subparagraph (A), notwithstanding subsection (a) of section 202, no old-age insurance benefit shall be paid to such individual for any month before the first month throughout which the individual has attained age 62 plus the additional number of months determined for the individual under subparagraph (B)(ii). (4) Other recovery methods In any case in which the Commissioner of Social Security determines that the cost to the Federal Old-Age and Survivors Insurance Trust Fund of a parental leave benefit paid to an individual cannot be fully recovered pursuant to paragraph (2) or (3)— (A) such benefit shall be deemed, upon the making of such determination, to be a payment of more than the correct amount for purposes of section 204; and (B) the Commissioner may recover such amounts by means of any method available to the Commissioner under such section. (5) Projection of repayment amount As soon as practicable after the date of enactment of this section, the Commissioner shall establish a system to make available through an internet website or other electronic media to each individual who is paid a parental leave benefit under this section, beginning with the first month beginning after the individual’s benefit period the projected amount of the deduction to be made from each of the first 60 monthly payments of old-age insurance benefits under paragraph (2), or if the individual so elects, the additional number of months by which the individual’s retirement age would be increased under paragraph (3), in order to fully repay the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual, and a description of the assumptions used by the Commissioner in making such projection. (g) Relationship with State law; employer benefits (1) In general This section does not preempt or supersede any provision of State or local law that authorizes a State or political subdivision to provide paid parental or family medical leave benefits similar to the benefits provided under this section. (2) Greater benefits allowed Nothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or employment benefit program or plan that provides greater benefits for leave or other leave rights to individuals than the benefits for leave or leave rights established under this Act. (h) Sunset No application for parental leave benefits under this section may be filed in any calendar year if the OASDI trust fund ratio (as defined in section 215(i)) for such calendar year or for the year following such calendar year is projected, based on the intermediate projections in the most recent (as of January 1 of such calendar year) annual report issued under section 201(c)(2), to be less than 20 percent. (i) Definitions For purposes of this section— (1) the term qualified child (A) will not attain 18 years of age before the end of such benefit period; and (B) will be residing with, and under the care of, the individual during the benefit period as determined by the Commissioner. . (b) Conforming amendments (1) Nonpayment provisions Section 202 of the Social Security Act ( 42 U.S.C. 402 (A) in subsection (n)(1)(A), by striking under this section or section 223 under this section, section 219, or section 223 (B) in subsection (t), in paragraphs (1) and (10), by striking under this section or under section 223 under this section, under section 219, or under section 223 (C) in subsection (u)(1), by striking under this section or section 223 under this section, section 219, or section 223 (D) in subsection (x)— (i) in paragraph (1)(A), by striking under this section or under section 223 under this section, under section 219, or under section 223 (ii) in paragraph (2), by striking under this section or section 223 under this section, section 219, or section 223 (2) Delayed retirement credits Section 202(w) of the Social Security Act ( 42 U.S.C. 402(w) age 70 (or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased) (3) Voluntary suspension of benefits Section 202(z)(1)(A)(ii) of the Social Security Act ( 42 U.S.C. 402(z)(1)(A)(ii) the age of 70 age 70 (or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased) (4) Number of benefit computation years Section 215(b)(2)(A) of such Act ( 42 U.S.C. 415(b)(2)(A) (A) in clause (i), by striking , and (B) in clause (ii), by striking the period and inserting ; and (C) by inserting after clause (ii) the following: (iii) in the case of an individual who is entitled to a parental leave benefit under section 219, by the number of years equal to one-fifth of such individual's elapsed years (disregarding any resulting fractional part of a year), but not by more than 5 years. . (c) Effective date The amendments made by this section shall apply with respect to applications for parental leave benefits filed after 2023.

New Parents Act of 2023

Fry Scholarship Enhancement Act of 2023 This bill expands eligibility for the Marine Gunnery Sergeant John David Fry Scholarship, commonly referred to as the Fry Scholarship. The scholarship provides educational assistance under the Post-9/11 GI Bill to specified dependents of service members who, on or after September 11, 2001, died in the line of duty as a member of the Armed Forces or from a service-connected disability while a member of the Selected Reserve. Specifically, the bill expands eligibility for the Fry Scholarship to include a child or spouse of a person who died on or after September 11, 2001, from a service-connected disability within 120 days of being honorably discharged or released from service in the Armed Forces. This expansion of eligibility applies to quarters, semesters, or terms beginning on or after August 1, 2024.

118 S350 IS: Fry Scholarship Enhancement Act of 2023 U.S. Senate 2023-02-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 350 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Lankford Mr. Carper Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to expand eligibility for the Marine Gunnery Sergeant John David Fry Scholarship to include spouses and children of individuals who die from a service-connected disability within 120 days of serving in the Armed Forces, and for other purposes. 1. Short title This Act may be cited as the Fry Scholarship Enhancement Act of 2023 2. Expansion of eligibility for Marine Gunnery Sergeant John David Fry Scholarship (a) In general Section 3311(b)(8) of title 38, United States Code, is amended— (1) by striking dies in line of duty (A) in line of duty ; (2) in subparagraph (A), as designated by paragraph (1), by striking the period at the end and inserting ; or (3) by adding at the end the following new subparagraph: (B) from a service-connected disability during the 120-day period beginning on the first day immediately following the last day on which the individual was discharged or released from active duty as a member of the Armed Forces or duty other than active duty as a member of the Armed Forces, but only if— (i) the person was discharged with an honorable discharge; or (ii) the person's service in the Armed Forces was characterized by the Secretary concerned as honorable. . (b) Applicability The amendments made by subsection (a) shall apply with respect to— (1) deaths that occur before, on, or after the date of the enactment of this Act; and (2) a quarter, semester, or term, as applicable, commencing on or after August 1, 2024.

Fry Scholarship Enhancement Act of 2023

Grandfamilies Act of 2023 This bill expands access to specified programs for children living with grandparents or other family members who are not their legal guardian. Specifically, the bill provides that a child of a relative eligible for Old-Age and Survivors Insurance benefits is eligible for such benefit payments if that child (1) began living with such relative before age 18, (2) receives at least 50% of their support from such relative, and (3) has lived with such relative pursuant to a court order for at least 12 months. Additionally, the bill revises the Temporary Assistance for Needy Families (TANF) eligibility requirements for children living with specified caregiver relatives. First, the bill lessens the requirement for TANF applicants to assign their rights to child support when such assignment may impact the likelihood of reunifying the child with their noncustodial parent, such as where the noncustodial parent is working to gain financial stability so they may reunify with their child. Further, when a child, but not the caregiver relative, receives TANF benefits (i.e., child-only cases), or if the caregiver relative is 55 or older, the bill (1) excludes such caregiver’s income from that child’s eligibility determination, (2) removes the 5-year cap on assistance, and (3) exempts such caregiver relatives from TANF work requirements. The bill also (1) encourages states to enact temporary guardianship laws, (2) provides grants for state plans to support caregiver relatives, and (3) requires the Administration for Community Living to provide grants for establishing cross-sector partnerships that support families with caregiver relatives.

118 S3501 IS: Grandfamilies Act of 2023 U.S. Senate 2023-12-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 3501 IN THE SENATE OF THE UNITED STATES December 13, 2023 Mr. Casey Mrs. Gillibrand Mr. Brown Committee on Finance A BILL To provide greater support for grandfamilies and older caregiver relatives. 1. Short title This Act may be cited as the Grandfamilies Act of 2023 2. Increasing access to Social Security benefits for children who live with grandparents or other family members (a) In general Title II of the Social Security Act ( 42 U.S.C. 401 et seq. (1) in section 202(d)— (A) in paragraph (1)(C), by inserting except as provided in paragraph (9), was dependent (B) by amending paragraph (9) to read as follows: (9) (A) In the case of a child who is the child of an individual under clause (3) of the first sentence of section 216(e) and is not a child of such individual under clause (1) or (2) of such first sentence, the criteria specified in subparagraph (B) shall apply instead of the criteria specified in subparagraph (C) of paragraph (1). (B) The criteria of this subparagraph are that— (i) the child has been living with such individual in the United States for a period of not less than 12 months; (ii) the child has been receiving not less than ½ of the child's support from such individual for a period of not less than 12 months; and (iii) the period during which the child was living with such individual began before the child attained age 18. (C) In the case of a child who is less than 12 months old, such child shall be deemed to meet the requirements of subparagraph (B) if, on the date the child attains 1 year of age, such child has lived with such individual in the United States and received at least ½ of the child's support from such individual for substantially all of the period which began on the date of such child's birth. ; and (2) in section 216(e), in the first sentence— (A) by striking grandchild or stepgrandchild of an individual or his spouse grandchild, stepgrandchild, or other first-degree, second-degree, third-degree, fourth-degree, or fifth-degree relative of an individual or the individual's spouse (B) by striking was no natural or adoptive parent is no living natural or adoptive parent (C) by striking was under a disability is under a disability (D) by striking living at the time , or (B) , (B) (E) by inserting , or (C) the person has been in the custody of such individual pursuant to a court order for a period of not less than 12 months (b) Conforming amendments Section 202(d)(1) of the Social Security Act ( 42 U.S.C. 402(d)(1) (1) by striking subparagraphs (A), (B), and (C) subparagraphs (A) and (B) and subparagraph (C) or paragraph (9) (as applicable) (2) by striking subparagraphs (B) and (C) subparagraph (B) and subparagraph (C) or paragraph (9) (as applicable) (c) Effective date The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of enactment of this Act. 3. Eliminating barriers to TANF for children, older caregiver relatives, and caregiver relatives caring for a child with a disability (a) Broadening good cause exception to requirement To provide information on noncustodial parents Section 454(29)(A)(i) of the Social Security Act ( 42 U.S.C. 654(29)(A)(i) best interests of the child best interests of the child, including, if enforcement procedures against a non-custodial parent of the child are initiated, whether such procedures will impede the parent's ability to reunify with the child in the future (b) Disregard of nonparent caregiver relative income, assets, and resources in child-Only cases (1) In general Section 408(a) of the Social Security Act ( 42 U.S.C. 608(a) (13) Disregard of income, assets, and resources for nonparent caregiver relatives in child-only cases (A) In general With respect to a minor child who does not reside in the same household as a parent of the child, a State to which a grant is made under section 403 shall not take into account the income, assets, or resources of such child's nonparent caregiver relative who is not seeking assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) on their own behalf in determining whether the child is eligible for assistance under any such program, or in determining the amount or types of such assistance to be provided to the child. (B) Exception Subparagraph (A) shall not apply in the case of a State program— (i) that is operated specifically for children living with nonparent caregiver relatives; (ii) that provides monthly financial assistance to a child living with a nonparent caregiver relative in an amount that is greater than the amount of assistance that the child would receive on the child's own behalf under the State program funded under this part; (iii) that is separate from the State program funded under this part; and (iv) that is described in the State plan submitted under section 402. . (2) Penalty Section 409(a) of the Social Security Act ( 42 U.S.C. 609(a) (17) Penalty for failure to disregard income, assets, and resources of nonparent caregiver relative in child-only cases If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(13) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 3 percent of the State family assistance grant. . (c) Eliminating 5-Year cap on assistance in child-Only cases (1) In general Section 408(a)(7) of the Social Security Act ( 42 U.S.C. 608(a)(7) (H) No limit for child-only cases A State shall not limit the number of months of assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for a family in which all adults in the family— (i) are nonparent caregiver relatives of a child who does not reside in the same household of the parent of the child; and (ii) do not receive assistance under the State program funded under this part or any other State program funded with qualified expenditures (as defined in section 409(a)(7)(B)(i)) on their own behalf. . (2) Penalty Section 409(a) of the Social Security Act ( 42 U.S.C. 609(a) (A) in paragraph (9), by inserting (other than subparagraph (H)) section 408(a)(7) (B) by adding at the end the following new paragraph: (18) Penalty for failure to comply with 5-year cap exemptions If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated subparagraph (H) of section 408(a)(7) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 3 percent of the State family assistance grant . (d) Exemption from work requirements for nonparent caregiver relatives in child-Only cases (1) In general Section 408 of the Social Security Act ( 42 U.S.C. 608 (h) State required To exempt nonparent caregiver relatives from work participation in child-Only cases A State shall not require an individual to engage in work if the individual— (1) is the nonparent caregiver relative of a child who does not reside in the same household as a parent of the child; and (2) resides in a household in which no adult receives assistance under the State program funded under this part or any other State program funded with qualified expenditures (as defined in section 409(a)(7)(B)(i)) on their own behalf. . (2) Penalty Section 409(a) of the Social Security Act ( 42 U.S.C. 609(a) (19) Penalty for failure to comply with work participation exemptions If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated subsection (h) of section 408 during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 3 percent of the State family assistance grant. . (e) Eliminating 5-Year cap on assistance for older caregiver relatives and caregiver relatives caring for a child with a disability (1) In general Section 408(a)(7) of the Social Security Act ( 42 U.S.C. 608(a)(7) (I) Non-application of limit to older caregiver relatives and caregiver relatives caring for a child with a disability (i) No limit for older caregiver relatives and caregiver relatives caring for a child with a disability Subparagraph (A) shall not apply and a State shall not limit the number of months of assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) based on receipt of such assistance by an individual who is an older caregiver relative or a caregiver relative caring for a child with a disability (as such terms are defined for purposes of paragraph (14)). (ii) Disregard of months of assistance In determining the number of months for which a family that includes an adult who has received assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)), the State shall disregard any month for which such assistance was provided with respect to the family during which such adult was an older caregiver relative or a caregiver relative caring for a child with a disability (as such terms are defined for purposes of paragraph (14)). . (2) Penalty Section 409(a) of the Social Security Act ( 42 U.S.C. 609(a) (A) in paragraph (9), by inserting or (I) subparagraph (H) (B) in paragraph (18), by inserting or (I) subparagraph (H) (f) Exemption from work requirements for older caregiver relatives and caregiver relatives caring for a child with a disability (1) In general Section 408 of the Social Security Act ( 42 U.S.C. 608 (i) State required To exempt caregiver relatives from work participation where caregiver receives assistance A State shall not require an individual to engage in work, and, at the option of the State and on a case-by-case basis, may disregard such individual in determining the participation rates under section 407(a), if the individual— (1) is an older caregiver relative or a caregiver relative caring for a child with a disability (as such terms are defined for purposes of subsection (a)(14)); and (2) directly receives assistance on the individual’s own behalf under the State program funded under this part or any other State program funded with qualified expenditures (as defined in section 409(a)(7)(B)(i)). . (2) Penalty Paragraph (18) of section 409(a) of the Social Security Act ( 42 U.S.C. 609(a) or (i) subsection (h) (3) Conforming amendments 402(a)(1)(A) of the Social Security Act ( 42 U.S.C. 602(a)(1)(A) (A) in clause (ii), by inserting and subject to subsection (h) and (i) of section 408 (B) in clause (iii), by inserting and subject to subsection (h) and (i) of section 408 (g) Disregard of income, assets, and resources for older caregiver relatives (1) In general Section 408(a) of the Social Security Act ( 42 U.S.C. 608(a) (14) Disregard of income, assets, and resources for older caregiver relatives and caregiver relatives caring for a child with a disability (A) In general In determining the eligibility for, and amount of, assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for a family that includes an individual who is an older caregiver relative (as defined in subparagraph (B)) or a caregiver relative caring for a child with a disability (as defined in subparagraph (C)), a State to which a grant is made under section 403 shall not take into account the income, assets, or resources of that individual. (B) Definition of older caregiver relative (i) In general For purposes of this paragraph, the term older caregiver relative (I) subject to clause (ii), has attained age 55; and (II) is the primary caregiver for a minor child who— (aa) is living with the individual; (bb) does not have a parent living in the home; and (cc) is a grandchild, stepgrandchild, or other first-degree, second-degree, third-degree, fourth-degree, or fifth-degree relative of the individual or the individual's spouse. (ii) State option to modify age criterion At the option of a State, such term shall include an individual who has not attained age 55. (iii) Determination to be made by State The determination of whether an individual meets the criteria described in clause (i)(II) shall be made by the State. (C) Definition of caregiver relative caring for a child with a disability (i) In general For purposes of this paragraph, the term caregiver relative caring for a child with a disability (I) is living with the individual; (II) is a child, grandchild, stepgrandchild, or other first-degree, second-degree, third-degree, fourth-degree, or fifth-degree relative of the individual or the individual's spouse; and (III) has a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 (ii) Determination to be made by State The determination of whether an individual meets the criteria described in clause (i) shall be made by the State. . (2) Penalty Section 409(a) of the Social Security Act ( 42 U.S.C. 609(a) (20) Penalty for failure to disregard income, assets, and resources for older caregiver relatives If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(14) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 3 percent of the State family assistance grant. . (h) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of enactment of this Act. (2) Delay permitted (A) In general Before the date described in subparagraph (B), a State plan under title IV of the Social Security Act shall not be regarded as failing to comply with an additional requirement imposed on the plan by this section if the Secretary of Health and Human Services determines that such additional requirement— (i) requires State legislation (other than legislation appropriating funds) in order for the plan to meet such additional requirement; or (ii) could not practicably be met by the plan before such date. (B) Date described For purposes of subparagraph (A), the date described in this subparagraph is, with respect to a State, the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this section. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. 4. Improving the collection of child support for families receiving TANF assistance (a) In general Section 454 of the Social Security Act ( 42 U.S.C. 654 (1) by redesignating paragraphs (30) through (34) as paragraphs (31) through (35), respectively; and (2) by inserting after paragraph (29) the following: (30) include a description of— (A) the methods used by the State to determine whether an individual who has applied for or is receiving assistance under the State program funded under part A, the State program under part E, the State program under title XIX, or the supplemental nutrition assistance program, as defined under section 3(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(h) (B) the State’s process for determining in a timely manner whether such an individual satisfies the cooperation requirement described in subparagraph (A) due to the individual’s participation in another State or Federal assistance program; (C) the good cause or other exceptions to the cooperation requirement that the State recognizes, including an explanation of any special requirements or considerations for a relative caregiver seeking to apply for such an exception; and (D) how the State makes clear to an individual who has applied for or is receiving assistance under a program referred to in subparagraph (A)— (i) what, if anything, the individual needs to do in order to satisfy the cooperation requirement, including explaining to the individual how the individual might satisfy the requirement through participation in another State or Federal assistance program; (ii) the effect on the individual’s eligibility to receive assistance under a program referred to in subparagraph (A), and under other State or Federal assistance programs, if the individual fails to satisfy the cooperation requirement; and (iii) the good cause or other exceptions to the cooperation requirement for which the individual may be eligible, including if a standard of proof is required to qualify for each exception and an explanation of any special requirements or considerations for caregiver relatives; . (b) Conforming amendments Title IV of the Social Security Act ( 42 U.S.C. 601 et seq. (1) in section 452(k)(1), by striking section 454(31) section 454(32) (2) in section 454, in the matter following paragraph (35) (as redesignated by subsection (a)) by striking paragraph (33) paragraph (34) (c) Effective date The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of enactment of this Act. 5. Encouraging States to adopt temporary guardianship laws (a) In general Section 474(a)(7) of the Social Security Act ( 42 U.S.C. 674(a)(7) (or, in the case of a State that has in effect for the quarter a temporary guardianship law (as defined in section 475(14)), 75 percent) 50 percent (b) Definition Section 475 of the Social Security Act ( 42 U.S.C. 675 (14) (A) The term temporary guardianship law (B) Under the process established under a law described in subparagraph (A)— (i) court fees shall be waived or reduced; and (ii) any court forms or filings related to the process are easy enough to understand that a nonparent caregiver who has taken responsibility for caring for the child in the absence of the child's parents could reasonably complete such forms or filings without legal assistance. . (c) Effective date The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of enactment of this Act. 6. Guidance (a) Guidance to States on ensuring awareness of child welfare system among kinship caregivers Not later than the first day of the first fiscal year that begins after the date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance to States on ways to ensure that kinship caregivers who receive assistance under a State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. 42 U.S.C. 609(a)(7)(B)(i) (1) provided with information about any appropriate assistance and services available to them through the child welfare system of the State, including eligibility for foster care licensure and pathways to guardianship assistance programs or adoption subsidies, and how to access such assistance and services; and (2) referred to any kinship navigator program operated by the State. (b) Guidance on coordinating assistance for caregivers Not later than the first day of the first fiscal year that begins after the date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance for States identifying options for State programs, including programs funded under title IV of the Social Security Act ( 42 U.S.C. 601 et seq. 42 U.S.C. 3001 et seq. 42 U.S.C. 3020g 7. State support plans for grandparents caring for grandchildren (a) In general Not later than the first day of the first fiscal year that begins after the date of enactment of this Act, from amounts appropriated to carry out this section, the Secretary of Health and Human Services shall award grants to States for purposes of developing State support plans for grandparents caring for grandchildren and other relatives caring for relative children. (b) Requirements A State support plan for grandparents caring for grandchildren and other relatives caring for relative children that is funded by a grant under this section shall include the following: (1) An initial assessment of the state of grandparents caring for grandchildren and other relatives caring for relative children in the State. (2) A plan for how appropriate State agencies can collaborate in their efforts to provide financial support, housing services, and other services and supports to grandparents caring for grandchildren and other relatives caring for relative children. (3) Steps that the State proposes to take over the next 5 years to ensure that grandparents caring for grandchildren and other relatives caring for relative children have necessary resources. (4) A plan to simplify or combine application requirements for State public assistance programs to reduce administrative burdens on recipients, with a focus on families consisting of grandparents or other older caregiver relatives raising relative children. (5) A plan to incorporate in the State support plan— (A) at least 1 recommendation from the most recent report to Congress of the Advisory Council to Support Grandparents Raising Grandchildren (provided that such report was released not more than 5 years before the date on which the State is awarded a grant under this section); or (B) least 1 recommendation from the Administration for Community Living. (c) Coordination with National Technical Assistance Center on Grandfamilies and Kinship Families The National Technical Assistance Center on Grandfamilies and Kinship Families established under section 2922 of the American Rescue Plan Act ( 42 U.S.C. 3020g (d) Authorization of appropriations There are authorized to be appropriated $10,000,000 to carry out this section. 8. Grandfamilies and kinship families alliance grants (a) Purpose The purposes of this section are— (1) to provide funds, through the Administration for Community Living, to strengthen and support grassroots efforts that address the unique needs of grandfamilies or kinship families, including those supporting children with disabilities or those navigating through mental health concerns or trauma; and (2) to establish cross-sector partnerships, in order to establish interagency collaborations and foster the integration of new or existing activities, designed to increase the health, well-being, financial security, or legal standing of members of grandfamilies or kinship families. (b) Definitions In this section: (1) Administrator The term Administrator (2) Cross-sector The term cross-sector (3) Cross-sector partnership The term cross-sector partnership (A) is cross-sector in nature; and (B) serves a local (which may be regional) area. (4) Educational provider The term educational provider 20 U.S.C. 1058(f) 20 U.S.C. 7801 (5) Grandfamily or kinship family The term grandfamily or kinship family (6) Indian Tribe The term Indian Tribe 25 U.S.C. 5304 (7) Institution of higher education The term institution of higher education 20 U.S.C. 1001 (8) State The term State (c) Grant program (1) In general The Administrator, acting directly, or by contract with another entity, shall carry out a grant program. In carrying out the program, the Administrator shall make grants, on a competitive basis, to eligible entities. The Administrator shall make the grants for periods of 5 years and in amounts of not less than $200,000 per year. (2) Eligible entities To be eligible to receive a grant under this section, an entity shall— (A) be a nonprofit organization, State or local agency (including an area agency on aging as defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 (B) have a proven record of supporting members of grandfamilies or kinship families and convening key stakeholders to address an issue related to grandfamilies or kinship families. (3) Application To be eligible to receive a grant under this section, an entity shall submit an application with respect to a cross-sector partnership to the Administrator, at such time, in such manner, and containing such information as the Administrator may require, including— (A) information that demonstrates the entity's capacity for establishing and sustaining cross-system partnerships aimed at improving the health, well-being, financial security, or legal standing of grandfamily or kinship family members; (B) information that demonstrates the entity sought and included, or an assurance that the entity will seek and include, input from key stakeholders, including members of grandfamilies or kinship families, when establishing the partnership and identifying relevant activities; (C) a plan from the entity to incorporate in the activities carried out under the grant— (i) at least 1 recommendation from the most recent report to Congress of the Advisory Council to Support Grandparents Raising Grandchildren (provided that such report was released not more than 5 years before the date on which the entity submits its application for a grant under this section); or (ii) at least 1 recommendation from the Administration for Community Living; (D) information that demonstrates that the cross-sector partnership involved has developed or adopted, or an assurance that the partnership will develop or adopt, well-defined activities that are evidence-informed or trauma specific or trauma informed, to enhance the health, well-being, financial security, or legal standing of grandfamilies or kinship families; (E) (i) memoranda from at least 3 organizations that are cross-sector stakeholders that indicate the organizations will participate in the cross-sector partnership; (ii) an assurance that at least 1 participating stakeholder organization, or the lead entity itself, will be an institution of higher education that provides not less than a 2-year program that is acceptable for full credit toward a degree; and (iii) an assurance that the contributions of the participating stakeholder organizations will be reflected in the programmatic budget of the partnership; (F) information that demonstrates how the eligible entity will work with the cross-sector partnership to align existing (as of the date of submission of the application) activities to support members of grandfamilies or kinship families; (G) information that demonstrates how the eligible entity will identify, support, and provide stipends to volunteers to support the goals of the cross-sector partnership, which volunteers may include— (i) volunteers or participants of AmeriCorps programs under the National and Community Service Act of 1990 ( 42 U.S.C. 12501 et seq. 42 U.S.C. 4950 et seq. (ii) community members; or (iii) students at an institution of higher education who are seeking internships or direct volunteer experiences; (H) information that identifies potential members of a cross-sector advisory council that— (i) will be comprised of at least 7 members, and on which a majority of members are or have in the past been members of grandfamilies or kinship families; and (ii) will advise the partnership on activities to be carried out under the grant; and (I) a plan developed by the eligible entity to work in partnership with technical resource centers supported by the Administration for Community Living, including the National Technical Assistance Center on Grandfamilies and Kinship Families established under section 2922 of the American Rescue Plan Act ( 42 U.S.C. 3020g (4) Preferences In determining which entities shall receive grants under this section, the Administrator shall give preference to entities that— (A) provide geographic diversity, including entities that serve rural localities; (B) support children who have been orphaned by the COVID–19 pandemic or opioid crisis; (C) have capacity to provide culturally appropriate activities; (D) demonstrate capacity to work with educational systems, including systems for early childhood education or elementary education; (E) support children with disabilities living with a grandfamily or kinship family; or (F) identify as a lived experience entity, which are organizations, groups, or collaborations whose primary mission is to put people with lived experience in grandfamilies or kinship families in a position to support other individuals going through similar experiences. (5) Uses of funds (A) Required uses An entity that receives a grant under this section shall use the grant funds— (i) to establish or sustain a cross-sector partnership to strengthen and support grassroots efforts that address the unique needs of grandfamilies or kinship families, including those supporting children with disabilities or those navigating through mental health concerns or trauma; (ii) to foster the integration of new or existing activities designed to increase the health, well-being, financial security, or legal standing of members of grandfamilies or kinship families; and (iii) to promote peer-to-peer support efforts, including such efforts through support groups, social activities, or educational training. (B) Allowable uses An entity that receives a grant under this section may use the grant funds— (i) to support volunteer efforts related to objectives of the partnership, including conducting outreach to and providing stipends for members of grandfamilies or kinship families participating in advisory councils described in paragraph (3)(H), or providing peer-to-peer supports described in subparagraph (A)(iii), who are not otherwise being paid for such participation or supports; (ii) for staff positions for the partnership; (iii) to conduct a gap and asset analysis and to raise awareness of the needs of grandfamilies or kinship families within the local area served; (iv) to support technology and software needs related to the partnership; (v) to reimburse project-related mileage for staff and volunteers; (vi) to attend grant recipient trainings or other meetings with technical resource centers supported by the Administration for Community Living; or (vii) to help grandfamilies or kinship families coordinate benefits or assistance under any Federal program or any State or local program financed in whole or in part with Federal funds. (6) Supplement not supplant Amounts made available under this section shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide services for grandfamilies or kinship families. (7) Annual report (A) Information from grant recipients Each recipient of a grant under this section shall annually submit to the Administrator information consisting of— (i) the number of individuals and organizations supported by the partnership funded by the grant, including the number of people who received direct services or training from the local activities carried out under this section and the estimated number of people who were impacted by the activities; (ii) demographic data, including the age, sex, ethnicity, disability status, and race of those supported by the partnership; (iii) the number of and demographic data for volunteers involved in supporting the objectives of the activities and the number of people who benefited from the contributions of volunteers; (iv) recommendations to align and coordinate activities across service-related sectors, such as aging, child welfare, income support, food and nutrition, legal, health and mental health, or education services, for members of grandfamilies or kinship families, and lessons learned and promising practices developed during the year; and (v) ways in which the project supported by the grant has engaged individuals with experience related to being a member of a grandfamily or kinship family in the design, implementation, and feedback related to the project. (B) Report by administrator Not later than 2 years after the date of enactment of this Act and every year thereafter, the Administrator shall— (i) prepare, based on the information submitted under subparagraph (A), a report on the impact of the program carried out under this section; and (ii) submit the report to— (I) the Committee on Health, Education, Labor, and Pensions, the Special Committee on Aging, and the Committee on Finance of the Senate; and (II) the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives. (8) Evaluation (A) In general The Administrator shall reserve not more than 10 percent of the funds made available under this section for administrative purposes. (B) Evaluation The Administrator shall use funds reserved under subparagraph (A) for evaluation in the aggregate of the local activities supported by the grants. (C) Permissible uses of funds The Administrator shall use the reserved funds for administrative purposes that may include— (i) the establishment of an interagency task force to evaluate the recommendations provided by grant recipients under paragraph (7)(A)(iv), to foster Federal coordination related to activities for grandfamilies or kinship families; (ii) support for the Administration for Community Living’s Research, Demonstration, and Evaluation Center for the Aging Network, established under section 201(g) of the Older Americans Act of 1965 ( 42 U.S.C. 3011(g) (iii) evaluation described in subparagraph (B) by an independent evaluator, separate from any of the grant recipients, hired by the Administrator; and (iv) hosting, not less than annually, learning collaboratives with the grant recipients. (9) Funds There is authorized to be appropriated to carry out this section $8,750,000 for each of fiscal years 2024 through 2028.

Grandfamilies Act of 2023

Down East Remembrance Act This bill designates six creeks in North Carolina in honor of individuals killed in a plane crash in Carteret County, North Carolina, on February 13, 2022.

118 S351 IS: Down East Remembrance Act U.S. Senate 2023-02-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 351 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Tillis Mr. Budd Committee on Energy and Natural Resources A BILL To designate 6 creeks in the State of North Carolina in honor of the lives lost in a plane crash in Carteret County, North Carolina, on February 13, 2022, and for other purposes. 1. Short title This Act may be cited as the Down East Remembrance Act 2. Designation of certain creeks, North Carolina (a) Designation of Noah Styron Creek (1) In general The creek located at latitude 34°59′49.33″ N, longitude 76°8′42.11″ W, shall be known and designated as Noah Styron Creek (2) References Any reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to Noah Styron Creek (b) Designation of Hunter Parks Creek (1) In general The creek located at latitude 34°57′52.85″ N, longitude 76°11′11.25″ W, shall be known and designated as Hunter Parks Creek (2) References Any reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to Hunter Parks Creek (c) Designation of Kole McInnis Creek (1) In general The creek located at latitude 34°57′46.30″ N, longitude 76°11′18.18″ W, shall be known and designated as Kole McInnis Creek (2) References Any reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to Kole McInnis Creek (d) Designation of Stephanie Fulcher Creek (1) In general The creek located at latitude 34°57′38.08″ N, longitude 76°11′31.18″ W, shall be known and designated as Stephanie Fulcher Creek (2) References Any reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to Stephanie Fulcher Creek (e) Designation of Jacob Taylor Creek (1) In general The creek located at latitude 34°52′43.45″ N, longitude 76°17′41.49″ W, shall be known and designated as Jacob Taylor Creek (2) References Any reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to Jacob Taylor Creek (f) Designation of Daily Shepherd Creek (1) In general The creek located at latitude 34°52′28.26″ N, longitude 76°17′43.20″ W, shall be known and designated as Daily Shepherd Creek (2) References Any reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to Daily Shepherd Creek

Down East Remembrance Act