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Highway Formula Modernization Act of 2023 This bill requires the Department of Transportation (DOT) to study the methods and data used to apportion certain federal-aid highway funding and develop recommendations for a new apportionment method. DOT must also (1) consult with state departments of transportation and representatives of local governments on the study and recommendations, and (2) report annually to Congress on the progress of the study and submit a final report on completion of the study.

109 S352 IS: Highway Formula Modernization 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. 352 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Kelly Mr. Cruz Committee on Environment and Public Works A BILL To require the Secretary of Transportation to carry out a highway formula modernization study, and for other purposes. 1. Short title This Act may be cited as the Highway Formula Modernization Act of 2023 2. Highway formula modernization study (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation (referred to in this section as the Secretary (b) Assessment The highway formula modernization study required under subsection (a) shall include an assessment of, based on the latest available data, whether the apportionment method described in that subsection results in— (1) an equitable distribution of funds based on the estimated tax payments attributable to— (A) highway users in the State that are paid into the Highway Trust Fund; and (B) individuals in the State that are paid to the Treasury, based on contributions to the Highway Trust Fund from the general fund of the Treasury; and (2) the achievement of the goals described in section 101(b)(3) of title 23, United States Code. (c) Considerations In the assessment under subsection (b), the Secretary shall consider the following: (1) The factors described in sections 104(b), 104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23, United States Code, as in effect on the date of enactment of SAFETEA–LU ( Public Law 109–59 (2) The availability and accuracy of data necessary to calculate formula apportionments under the factors described in paragraph (1). (3) The measures established under section 150 of title 23, United States Code, and whether those measures are appropriate for consideration as formula apportionment factors. (4) Any other factors that the Secretary determines are appropriate. (d) Recommendations The Secretary, in consultation with State departments of transportation and representatives of local governments (including metropolitan planning organizations), shall develop recommendations on a new apportionment method, including— (1) the factors recommended to be included in the new apportionment method; (2) the weighting recommended to be applied to the factors recommended under paragraph (1); and (3) any other recommendations to ensure that the new apportionment method best achieves an equitable distribution of funds described under subsection (b)(1) and the goals described in subsection (b)(2). (e) Reports to Congress (1) Interim reports Not less frequently than annually during the period during which the Secretary is carrying out the study under subsection (a), the Secretary shall submit to Congress an interim report on the progress of the study. (2) Final report On completion of the study under subsection (a), the Secretary shall submit to Congress a final report on the results of the study, including the recommendations under subsection (d).

Highway Formula Modernization Act of 2023

Rare Earth Magnet Manufacturing Production Tax Credit Act of 2023 This bill allows a new tax credit for the domestic production of rare earth magnets. The magnets must be manufactured or produced in the ordinary course of the taxpayer's trade or business. The credit is disallowed if any component rare earth material used to produce such magnets is produced in a non-allied foreign nation. The bill defines rare earth magnet as a permanent magnet comprised of an alloy of neodymium, iron, and boron, or an alloy of samarium and cobalt, which may also include other material.

118 S3521 IS: Rare Earth Magnet Manufacturing Production Tax Credit Act of 2023 U.S. Senate 2023-12-14 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. 3521 IN THE SENATE OF THE UNITED STATES December 14, 2023 Ms. Cortez Masto Mr. Mullin Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to establish a credit for the domestic production of rare earth magnets, and for other purposes. 1. Short title This Act may be cited as the Rare Earth Magnet Manufacturing Production Tax Credit Act of 2023 2. Credit for production of rare earth magnets (a) In general Subpart D of part IV of subchapter A of chapter 1 45BB. Credit for production of rare earth magnets (a) In general (1) Allowance of credit For purposes of section 38, the credit for production of rare earth magnets determined under this section for any taxable year is an amount equal to the sum of the credit amounts determined under subsection (b) with respect to rare earth magnets which are— (A) manufactured or produced by the taxpayer, and (B) sold by such taxpayer to an unrelated person during the taxable year. (2) Unrelated person (A) In general For purposes of this subsection, a taxpayer shall be treated as selling rare earth magnets to an unrelated person if such magnet is sold to such person by a person related to the taxpayer. (B) Election (i) In general At the election of the taxpayer (in such form and manner as the Secretary may prescribe), a sale of rare earth magnets by such taxpayer to a related person shall be deemed to have been made to an unrelated person. (ii) Requirement As a condition of, and prior to, any election described in clause (i), the Secretary may require such information or registration as the Secretary deems necessary for purposes of preventing duplication, fraud, or any improper or excessive amount determined under paragraph (1). (b) Credit amount (1) In general The amount determined under this subsection is— (A) $20 per kilogram of rare earth magnets manufactured or produced in the United States by the taxpayer during the taxable year which are not described in subparagraph (B), and (B) $30 per kilogram of rare earth magnets manufactured or produced in the United States by the taxpayer during the taxable year if not less than 90 percent of the component rare earth materials of such magnets are produced within the United States. (2) Phase-Out (A) In general In the case of any rare earth magnet manufactured or produced after December 31, 2032, the amount determined under this subsection with respect to such rare earth magnet shall be equal to the product of— (i) the amount determined under paragraph (1) with respect to such rare earth magnet, as determined without regard to this subsection, multiplied by (ii) the phase-out percentage described in subparagraph (B). (B) Phase-out percentage The phase-out percentage described in this paragraph is— (i) in the case of any rare earth magnet manufactured or produced in calendar year 2033, 70 percent, (ii) in the case of any rare earth magnet manufactured or produced in calendar year 2034 or 2035, 35 percent, or (iii) in the case of any rare earth magnet manufactured or produced after December 31, 2035, 0 percent. (c) Definitions For the purposes of this section— (1) Rare earth magnet The term rare earth magnet (A) an alloy of neodymium, iron, and boron, which may also include praseodymium, terbium, or dysprosium, or (B) an alloy of samarium and cobalt, which may also include gadolinium or any associated host mineral of a component rare earth material. (2) Component rare earth material The term component rare earth material (3) Manufactured The term manufactured (4) Non-allied foreign nation The term non-allied foreign nation covered nation (5) United States and possession of the United States The terms United States possession of the United States (d) Special rules (1) Restriction on component sourcing No credit shall be allowed under this section with respect to a rare earth magnet if any component rare earth material used to manufacture or produce such magnet is produced in a non-allied foreign nation. (2) Trade or business requirement No credit shall be allowed under this section with respect to a rare earth magnet unless such magnet is manufactured or produced in the ordinary course of a trade or business of the taxpayer. (e) Elective payment for production of rare earth magnets (1) In general In the case of a taxpayer making an election (at such time and in such manner as the Secretary may provide) under this subsection with respect to any portion of the credit allowed under subsection (a), such taxpayer shall be treated as making a payment against the tax imposed by this subtitle for the taxable year equal to the amount of such portion of the credit. (2) Timing The payment described in paragraph (1) shall be treated as made on the later of the due date of the return of tax for the taxable year or the date on which such return is filed. . (b) Credit To be part of general business credit Section 38(b) plus , plus (42) the credit for production of rare earth magnets determined under section 45BB(a). . (c) Conforming amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 Sec. 45BB. Credit for production of rare earth magnets. . (d) Effective date The amendments made by this Act shall apply to taxable years beginning after December 31, 2023.

Rare Earth Magnet Manufacturing Production Tax Credit Act of 2023

Strengthening Local Processing Act of 2023 This bill revises provisions related to meat and poultry processing establishments, including smaller establishments (i.e., at least 10 but fewer than 500 employees) and very small establishments (i.e., fewer than 10 employees or annual sales of less than $2.5 million). For example, the Department of Agriculture (USDA) must establish a searchable database of peer-reviewed validation studies for use in developing Hazard Analysis and Critical Control Points plans for smaller and very small establishments. The bill increases the maximum federal cost share from 50% to 65% that USDA may provide to assist states in creating meat and poultry inspection programs. Additionally, USDA must conduct outreach with states that have meat and poultry inspection programs, but that do not have Cooperative Interstate Shipment programs. The Cooperative Interstate Shipment program allows state-inspected facilities to operate as federally-inspected facilities and ship their products in interstate commerce and internationally. USDA must also award competitive grants for activities to increase resiliency and diversification of the meat processing system, including activities that support (1) the health and safety of meat and poultry plant employees, suppliers, and customers; (2) increased processing capacity; and (3) the resilience of the small meat and poultry processing sector. Further, the bill establishes grant programs to (1) establish or expand meat and poultry processing career training programs at community colleges, vocational schools, nonprofit organizations, worker training centers, and universities; and (2) support smaller and very small establishments by offsetting the cost of training new meat and poultry processors.

118 S354 IS: Strengthening Local Processing 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. 354 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Thune Mr. Brown Mr. Merkley Mr. Rounds Mr. Cramer Ms. Smith Mr. King Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Poultry Products Inspection Act and the Federal Meat Inspection Act to support small and very small meat and poultry processing establishments, and for other purposes. 1. Short title This Act may be cited as the Strengthening Local Processing Act of 2023 2. HACCP guidance and resources for smaller and very small poultry and meat establishments (a) Poultry establishments The Poultry Products Inspection Act is amended by inserting after section 14 ( 21 U.S.C. 463 14A. Smaller and very small establishment guidance and resources (a) Definitions of smaller establishment and very small establishment In this section, the terms smaller establishment very small establishment (b) Database of studies; model plans Not later than 18 months after the date of enactment of this section, the Secretary shall— (1) establish a free, searchable database of approved peer-reviewed validation studies accessible to smaller establishments and very small establishments subject to inspection under this Act for use in developing a Hazard Analysis and Critical Control Points plan; and (2) publish online scale-appropriate model Hazard Analysis and Critical Control Points plans for smaller establishments and very small establishments, including model plans for— (A) slaughter-only establishments; (B) processing-only establishments; and (C) slaughter and processing establishments. (c) Guidance Not later than 2 years after the date of enactment of this section, the Secretary shall publish a guidance document, after notice and an opportunity for public comment, providing information on the requirements that need to be met for smaller establishments and very small establishments to receive approval for a Hazard Analysis and Critical Control Points plan pursuant to this Act. (d) Data confidentiality In carrying out subsections (b) and (c), the Secretary shall not publish confidential business information, including a Hazard Analysis and Critical Control Points plan of an establishment. . (b) Meat establishments The Federal Meat Inspection Act is amended by inserting after section 25 ( 21 U.S.C. 625 26. Smaller and very small establishment guidance and resources (a) Definitions of smaller establishment and very small establishment In this section, the terms smaller establishment very small establishment (b) Database of studies; model plans Not later than 18 months after the date of enactment of this section, the Secretary shall— (1) establish a free, searchable database of approved peer-reviewed validation studies accessible to smaller establishments and very small establishments subject to inspection under this Act for use in developing a Hazard Analysis and Critical Control Points plan; and (2) publish online scale-appropriate model Hazard Analysis and Critical Control Points plans for smaller establishments and very small establishments, including model plans for— (A) slaughter-only establishments; (B) processing-only establishments; and (C) slaughter and processing establishments. (c) Guidance Not later than 2 years after the date of enactment of this section, the Secretary shall publish a guidance document, after notice and an opportunity for public comment, providing information on the requirements that need to be met for smaller establishments and very small establishments to receive approval for a Hazard Analysis and Critical Control Points plan pursuant to this Act. (d) Data confidentiality In carrying out subsections (b) and (c), the Secretary shall not publish confidential business information, including a Hazard Analysis and Critical Control Points plan of an establishment. . 3. Increasing maximum Federal share for expenses of State inspection (a) Poultry products Section 5(a)(3) of the Poultry Products Inspection Act ( 21 U.S.C. 454(a)(3) 50 per centum 65 percent (b) Meat and meat food products Section 301(a)(3) of the Federal Meat Inspection Act ( 21 U.S.C. 661(a)(3) 50 per centum 65 percent 4. Cooperative interstate shipment of poultry and meat (a) Poultry products Section 31 of the Poultry Products Inspection Act ( 21 U.S.C. 472 (1) in subsection (b)— (A) in paragraph (2), by striking 25 employees 50 employees (B) in paragraph (3)— (i) in the paragraph heading, by striking 25 50 (ii) in subparagraph (A), by striking 25 50 (iii) in subparagraph (B)— (I) in clause (i), by striking more than 25 employees but less than 35 employees more than 50 employees but less than 70 employees (II) in clause (ii), by striking subsection (i) subsection (j) (2) in subsection (c), by striking 60 percent 80 percent (3) in subsection (e)(1), by striking subsection (i) subsection (j) (4) by redesignating subsections (f) through (i) as subsections (g) through (j), respectively; and (5) by inserting after subsection (e) the following: (f) Federal outreach (1) In general In each of fiscal years 2023 through 2028, for the purpose of State participation in the Cooperative Interstate Shipment program, the Secretary shall conduct outreach to, and, as appropriate, subsequent negotiation with, not fewer than 25 percent of the States that— (A) have a State poultry product inspection program pursuant to section 5; but (B) do not have a selected establishment. (2) Report At the conclusion of each of fiscal years 2023 through 2028, the Secretary shall submit a report detailing the activities and results of the outreach conducted during that fiscal year under paragraph (1) to— (A) the Committee on Agriculture of the House of Representatives; (B) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (C) the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the House of Representatives; and (D) the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the Senate. . (b) Meat and meat food products Section 501 of the Federal Meat Inspection Act ( 21 U.S.C. 683 (1) in subsection (b)— (A) in paragraph (2), by striking 25 employees 50 employees (B) in paragraph (3)— (i) in the paragraph heading, by striking 25 50 (ii) in subparagraph (A), by striking 25 50 (iii) in subparagraph (B)(i), by striking more than 25 employees but less than 35 employees more than 50 employees but less than 70 employees (2) in subsection (c), by striking 60 percent 80 percent (3) in subsection (f), by adding at the end the following: (3) Federal outreach (A) In general In each of fiscal years 2023 through 2028, for the purpose of State participation in the Cooperative Interstate Shipment program, the Secretary shall conduct outreach to, and, as appropriate, subsequent negotiation with, not fewer than 25 percent of the States that— (i) have a State meat inspection program pursuant to section 301; but (ii) do not have a selected establishment. (B) Report At the conclusion of each of fiscal years 2023 through 2028, the Secretary shall submit a report detailing the activities and results of the outreach conducted during that fiscal year under paragraph (1) to— (i) the Committee on Agriculture of the House of Representatives; (ii) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (iii) the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the House of Representatives; and (iv) the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the Senate. . 5. Processing resilience grant program Subtitle A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 et seq. 210B. Processing resilience grant program (a) Definitions In this section: (1) Business enterprise owned and controlled by socially and economically disadvantaged individuals The term business enterprise owned and controlled by socially and economically disadvantaged individuals 12 U.S.C. 5701 (2) Eligible entity The term eligible entity (A) a smaller establishment or very small establishment (as those terms are defined in the final rule entitled ‘Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems’ (61 Fed. Reg. 33806 (July 25, 1996))); (B) a slaughtering or processing establishment subject to— (i) a State meat inspection program pursuant to section 301 of the Federal Meat Inspection Act ( 21 U.S.C. 661 (ii) a State poultry product inspection program pursuant to section 5 of the Poultry Products Inspection Act ( 21 U.S.C. 454 (C) a person engaging in custom operations that is exempt from inspection under— (i) section 23 of the Federal Meat Inspection Act ( 21 U.S.C. 623 (ii) section 15 of the Poultry Products Inspection Act ( 21 U.S.C. 464 (D) a person seeking— (i) to establish and operate an establishment described in subparagraph (A) or (B); or (ii) to engage in custom operations described in subparagraph (C). (3) Secretary The term Secretary (b) Grants (1) In general Not later than 60 days after the date of enactment of this section, the Secretary shall award competitive grants to eligible entities for activities to increase resiliency and diversification of the meat processing system, including activities that— (A) support the health and safety of meat and poultry plant employees, suppliers, and customers; (B) support increased processing capacity; and (C) otherwise support the resilience of the small meat and poultry processing sector. (2) Maximum amount The maximum amount of a grant awarded under this section shall not exceed $500,000. (3) Duration The term of a grant awarded under this section shall not exceed 3 years. (c) Applications (1) In general An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Applications for small grants The Secretary shall establish a separate, simplified application process for eligible entities applying for a grant under this section of not more than $100,000. (3) Requirements The Secretary shall ensure that any application for a grant under this section is— (A) simple and practicable; (B) accessible online; and (C) available through local staff of the Department of Agriculture. (4) Notice Not later than 14 days before the date on which the Secretary begins to accept applications under paragraph (1), the Secretary shall publish a notice of funding opportunity with respect to the grants available under this section. (5) Reapplication If an application of an eligible entity under this subsection is denied by the Secretary, the eligible entity may submit a revised application. (6) Priority In reviewing applications submitted under this subsection, the Secretary shall give priority to proposals that will— (A) increase farmer and rancher access to animal slaughter options within a 200-mile radius of the location of the farmer or rancher; (B) support an eligible entity described in subsection (a)(2)(A); or (C) support an eligible entity that is a business enterprise owned and controlled by socially and economically disadvantaged individuals. (d) Use of grant An eligible entity that receives a grant under this section shall use the grant funds to carry out activities in support of the purposes described in subsection (b)(1), including through— (1) the development and issuance of a Hazard Analysis and Critical Control Points plan for the eligible entity, which may be developed by a consultant; (2) the purchase or establishment, as applicable, of facilities, equipment, processes, and operations necessary for the eligible entity to comply with applicable requirements under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. 21 U.S.C. 451 et seq. (3) the purchase of cold storage, equipment, or transportation services; (4) the purchase of temperature screening supplies, testing for communicable diseases, disinfectant, sanitation systems, hand washing stations, and other sanitizing supplies; (5) the purchase and decontamination of personal protective equipment; (6) the construction or purchase of humane handling infrastructure, including holding space for livestock prior to slaughter, shade structures, and knock box structures; (7) (A) the purchase of software and computer equipment for record keeping, production data, Hazard Analysis and Critical Control Points record review, and facilitation of marketing and sales of products in a manner consistent with the social distancing guidelines of the Centers for Disease Control and Prevention; and (B) the provision of guidelines and training relating to that software and computer equipment; (8) the provision of staff time and training for implementing and monitoring health and safety procedures; (9) the development of a feasibility study or business plan for, or the carrying out of any other activity associated with, establishing or expanding a small meat or poultry processing facility; (10) the purchase of equipment that enables the further use or value-added sale of coproducts or byproducts, such as organs, hides, and other relevant products; and (11) other activities associated with expanding or establishing an eligible entity described in subsection (a)(2)(A), as determined by the Secretary. (e) Outreach During the period beginning on the date on which the Secretary publishes the notice under subsection (c)(4) and ending on the date on which the Secretary begins to accept applications under subsection (c)(1), the Secretary shall perform outreach to States and eligible entities relating to grants under this section. (f) Federal share (1) In general Subject to paragraph (2), the Federal share of the activities carried out using a grant awarded under this section shall not exceed— (A) 90 percent in the case of a grant in the amount of $100,000 or less; or (B) 75 percent in the case of a grant in an amount greater than $100,000. (2) Fiscal years 2023 and 2024 An eligible entity awarded a grant under this section during fiscal year 2023 or 2024 shall not be required to provide non-Federal matching funds with respect to the grant. (g) Administration The promulgation of regulations under, and administration of, this section shall be made without regard to— (1) the notice and comment provisions of section 553 of title 5, United States Code; and (2) chapter 35 Paperwork Reduction Act (h) Authorization of appropriations There is authorized to be appropriated to the Secretary of Agriculture to carry out this section $20,000,000 for each of fiscal years 2023 through 2028. . 6. Local meat and poultry processing training programs Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 is amended by inserting before section 404 ( 7 U.S.C. 7624 403. Local meat and poultry processing training programs (a) Institutional career training programs (1) In general The Secretary shall provide competitive grants to junior or community colleges, technical or vocational schools, nonprofit organizations, worker training centers, and land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 (2) Applications for small grants The Secretary shall establish a separate, simplified application and reporting process for entities described in paragraph (1) applying for a grant under this subsection of not more than $100,000. (3) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection $10,000,000 for each of fiscal years 2023 through 2028. (b) Processor career training programs (1) In general The Secretary shall provide grants to smaller establishments and very small establishments (as those terms are defined in the final rule entitled Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems (2) Applications for small grants The Secretary shall establish a separate, simplified application and reporting process for entities described in paragraph (1) applying for a grant under this subsection of not more than $100,000. (3) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection $10,000,000 for each of fiscal years 2023 through 2028. .

Strengthening Local Processing Act of 2023

Federal Price Gouging Prevention Act This bill prohibits any person from selling, during a proclaimed domestic or international crisis affecting the oil markets, gasoline at a price that (1) is unconscionably excessive, and (2) indicates that the seller is taking unfair advantage of the crisis to increase prices unreasonably. The President may issue a proclamation of such a crisis that specifies the geographic area covered and how long the proclamation applies. The bill provides for enforcement by the Federal Trade Commission and imposes enhanced civil penalties and criminal fines. It also authorizes state attorneys general to bring a civil action to enforce the prohibitions of this bill.

118 S355 IS: Federal Price Gouging Prevention 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. 355 IN THE SENATE OF THE UNITED STATES February 9, 2023 Ms. Duckworth Mr. Blumenthal Mrs. Murray Ms. Warren Committee on Commerce, Science, and Transportation A BILL To protect consumers from price-gouging of gasoline and other fuels, and for other purposes. 1. Short title This Act may be cited as the Federal Price Gouging Prevention Act 2. Unconscionable pricing of gasoline and other petroleum distillates during emergencies (a) Unconscionable pricing (1) In general It shall be unlawful for any person to sell, at wholesale or at retail in an area and during a period of a domestic or an international crisis affecting the oil markets proclaimed under paragraph (2), gasoline or any other petroleum distillate covered by a proclamation issued under paragraph (2) at a price that— (A) is unconscionably excessive; and (B) indicates the seller is taking unfair advantage of the circumstances related to a domestic or an international crisis to increase prices unreasonably. (2) Energy emergency proclamation (A) In general The President may issue a proclamation of a domestic or an international crisis affecting the oil markets and may designate any area within the jurisdiction of the United States (including the entire United States), where the prohibition in paragraph (1) shall apply. The proclamation shall state the geographic area covered, the gasoline or other petroleum distillate covered, and the time period that such proclamation shall be in effect. (B) Duration The proclamation— (i) may not apply for a period of more than 30 consecutive days, but may be renewed for such consecutive periods, each not to exceed 30 days, as the President determines appropriate; and (ii) may include a period of time not to exceed 1 week preceding a reasonably foreseeable emergency. (3) Factors considered In determining whether a person has violated paragraph (1), there shall be taken into account, among other factors— (A) whether the amount charged by such person for the applicable gasoline or other petroleum distillate at a particular location in an area covered by a proclamation issued under paragraph (2) during the period such proclamation is in effect— (i) grossly exceeds the average price at which the applicable gasoline or other petroleum distillate was offered for sale by that person during the 30 days prior to such proclamation; (ii) grossly exceeds the price at which the same or similar gasoline or other petroleum distillate was readily obtainable in the same area from other competing sellers during the same period; (iii) reasonably reflected additional costs, not within the control of that person, that were paid, incurred, or reasonably anticipated by that person, or reflected additional risks taken by that person to produce, distribute, obtain, or sell such product under the circumstances; and (iv) was substantially attributable to local, regional, national, or international market conditions; and (B) whether the quantity of gasoline or other petroleum distillate the person produced, distributed, or sold in an area covered by a proclamation issued under paragraph (2) during a 30-day period following the issuance of such proclamation increased over the quantity that that person produced, distributed, or sold during the 30 days prior to such proclamation, taking into account usual seasonal demand variations. (b) Definitions As used in this section— (1) the term wholesale (2) the term retail 3. Enforcement by the Federal Trade Commission (a) Enforcement by FTC A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) (b) Civil penalties (1) In general Notwithstanding the penalties set forth under the Federal Trade Commission Act, any person who violates section 2 with actual knowledge or knowledge fairly implied on the basis of objective circumstances shall be subject to— (A) a civil penalty of not more than 3 times the amount of profits gained by such person through such violation; or (B) a civil penalty of not more than $100,000,000. (2) Method The penalties provided by paragraph (1) shall be obtained in the same manner as civil penalties obtained under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 (3) Multiple offenses; mitigating factors In assessing the penalty provided by subsection (a)— (A) each day of a continuing violation shall be considered a separate violation; and (B) the court shall take into consideration, among other factors, the seriousness of the violation and the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner. 4. Criminal penalties (a) In general In addition to any penalty applicable under section 3, any person who violates section 2 shall be fined under title 18, United States Code, in an amount not to exceed $500,000,000. (b) Enforcement The criminal penalty provided by subsection (a) may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice. The Attorney General shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of gasoline and other petroleum distillates in excess of $10,000,000,000 per year. 5. Enforcement at retail level by State attorneys general (a) In general A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the provisions of section 2 of this Act, or to impose the civil penalties authorized by section 3(b)(1)(B), whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this Act or a regulation under this Act, involving a retail sale. (b) Notice The State shall serve written notice to the Federal Trade Commission of any civil action under subsection (a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. (c) Authority To intervene Upon receiving the notice required by subsection (b), the Federal Trade Commission may intervene in such civil action and upon intervening— (1) be heard on all matters arising in such civil action; and (2) file petitions for appeal of a decision in such civil action. (d) Construction For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; service of process In a civil action brought under subsection (a)— (1) the venue shall be a judicial district in which— (A) the defendant operates; (B) the defendant was authorized to do business; or (C) the defendant in the civil action is found; (2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (3) a person who participated with the defendant in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (f) Limitation on State action while Federal action is pending If the Federal Trade Commission has instituted a civil action or an administrative action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Federal Trade Commission or the other agency for any violation of this Act alleged in the complaint. (g) Enforcement of State Law Nothing contained in this section shall prohibit an authorized State official from proceeding in State court to enforce a civil or criminal statute of such State. 6. Effect on other laws (a) Other authority of Federal Trade Commission Nothing in this Act shall be construed to limit or affect in any way the Federal Trade Commission’s authority to bring enforcement actions or take any other measure under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (b) State law Nothing in this Act preempts any State law.

Federal Price Gouging Prevention Act

Affordable Connectivity Program Extension Act of 2024 This bill extends and provides FY2024 funding for the Affordable Connectivity Program, which provides a monthly benefit that allows eligible low-income households to receive discounted internet service. The program also provides a one-time discount that may be used to purchase a connected device, such as a computer.

118 S3565 IS: Affordable Connectivity Program Extension Act of 2024 U.S. Senate 2024-01-10 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 2d Session S. 3565 IN THE SENATE OF THE UNITED STATES January 10, 2024 Mr. Welch Mr. Vance Mr. Cramer Ms. Rosen Committee on Appropriations A BILL To appropriate funds for the Affordable Connectivity Program of the Federal Communications Commission. 1. Short title This Act may be cited as the Affordable Connectivity Program Extension Act of 2024 2. Appropriation for Affordable Connectivity Program Section 904(i)(2) of division N of the Consolidated Appropriations Act, 2021 ( 47 U.S.C. 1752(i)(2) (1) by striking There is (A) Fiscal year 2021 There is ; and (2) by adding at the end the following: (B) Fiscal year 2024 There is appropriated to the Affordable Connectivity Fund, out of any money in the Treasury not otherwise appropriated, $7,000,000,000 for fiscal year 2024, to remain available until expended. .

Affordable Connectivity Program Extension Act of 2024

Preventing Private Paramilitary Activity Act of 2024 This bill establishes a federal statutory framework to prohibit certain conduct involving actions as a part of (or on behalf of) a private paramilitary organization while armed. An individual who violates the prohibition is subject to criminal penalties. The bill also authorizes civil remedies.

118 S3589 IS: Preventing Private Paramilitary Activity Act of 2024 U.S. Senate 2024-01-16 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 2d Session S. 3589 IN THE SENATE OF THE UNITED STATES January 16, 2024 Mr. Markey Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit unauthorized private paramilitary activity, and for other purposes. 1. Short title This Act may be cited as the Preventing Private Paramilitary Activity Act of 2024 2. Prohibition of unauthorized private paramilitary activity (a) In general Part I of title 18, United States Code, is amended by adding at the end the following: 125 Unauthorized Private Paramilitary Activity 2741. Definitions. 2742. Unauthorized private paramilitary activity. 2743. Preemption. 2744. Civil remedies. 2741. Definitions In this chapter: (1) Ammunition The term ammunition (2) Armed forces The term armed forces (3) Dangerous weapon The term dangerous weapon (4) Explosive or incendiary device The term explosive or incendiary device (5) Firearm The term firearm (6) Large capacity ammunition feeding device The term large (A) means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; and (B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. (7) National Guard The term National Guard (8) Person The term person (9) Private paramilitary organization The term private paramilitary organization (10) Regularly organized State militia The term regularly organized State militia (11) State The term State 2742. Unauthorized private paramilitary activity (a) Offense It shall be unlawful to knowingly, in a circumstance described in subsection (b), while acting as part of or on behalf of a private paramilitary organization and armed with a firearm, explosive or incendiary device, or other dangerous weapon— (1) publically patrol, drill, or engage in techniques capable of causing bodily injury or death; (2) interfere with, interrupt, or attempt to interfere with or interrupt government operations or a government proceeding; (3) interfere with or intimidate another person in that person's exercise of any right under the Constitution of the United States; (4) assume the functions of a law enforcement officer, peace officer, or public official, whether or not acting under color of law, and thereby assert authority or purport to assert authority over another person without the consent of that person; or (5) train to engage in any activity described in paragraphs (1) through (4). (b) Circumstances The circumstances described in this subsection are that the conduct described in subsection (a)— (1) involves— (A) travel across a State line or national border; or (B) the use of the channels, facilities, or instrumentalities of interstate or foreign commerce; (2) involves a firearm, explosive or incendiary device, or dangerous weapon that has traveled in interstate or foreign commerce; (3) involves the use of ammunition or a large capacity ammunition feeding device that has traveled in interstate or foreign commerce; (4) obstructs, delays, or affects interstate or foreign commerce; or (5) occurs wholly within any commonwealth, territory, or possession of the United States. (c) Exceptions Subsection (a) shall not apply to— (1) the armed forces of the United States, the National Guard, the Naval Militia, any regularly organized State militia, or any unorganized or reserve militia called into service by a State or the United States; (2) a group of individuals who— (A) associate as a military organization solely for purposes of historical reenactment or study; or (B) parade in public as part of a bona fide veterans organization with no intent to engage in the activities prohibited by subsection (a); (3) students in an educational institution authorized by the Federal Government or a State to teach military science as a prescribed part of the course of instruction, when under the supervision of a military instructor; or (4) members of an organization that is authorized under Federal or State law to provide paramilitary, law enforcement, or security services training or to engage in paramilitary activity, law enforcement, or security services when performing the functions authorized by law and, in the case of paramilitary activity and law enforcement functions, when under the direction and control of a governmental authority. (d) Penalty Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 1 year, or both, except that— (1) in the case of a violation that does not result in bodily injury and is committed by a person who has not, prior to the commission of the violation, been convicted of violating a Federal or State law, the person may be sentenced to probation for a term of not more than 1 year; (2) in the case of a violation that occurs after a prior conviction under this section has become final, the person shall be fined under this title, imprisoned for not more than 2 years, or both; (3) in the case of a violation that results in damage to property, the person shall be fined under this title, imprisoned for not more than 2 years, or both; and (4) in the case of a violation that results in— (A) bodily injury, the person shall be fined under this title, imprisoned for not more than 5 years, or both; or (B) death, the person shall be fined under this title and imprisoned for any term of years or for life. (e) Forfeiture (1) In general Any person who violates subsection (a) shall forfeit to the United States any property, personal or real, involved in, used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, the violation, or that constitutes or is derived from proceeds traceable to the violation. (2) Procedures Section 413 of the Controlled Substances Act ( 21 U.S.C. 853 (f) Rule of construction Nothing in this section shall be construed to preclude a violation of subsection (a) being committed by a person acting separately from the other members of the private paramilitary organization, provided that the violation is committed in furtherance of or in coordination with the actions of the other members. 2743. Preemption Nothing in this chapter shall be construed as indicating an intent on the part of Congress to occupy the field in which any provisions of the chapter operate to the exclusion of State or local laws on the same subject matter, nor shall any provision of this chapter be construed to invalidate any provision of State law unless the provision of State law is inconsistent with any of the purposes of this chapter. 2744. Civil remedies (a) Public right of action Whenever the Attorney General has reasonable cause to believe that any person or group of persons has engaged in or is about to engage in any act prohibited by section 2742, the Attorney General may bring a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, in an appropriate district court of the United States. (b) Private right of action Any person injured as a result of any violation of section 2742 may bring a civil action, individually or jointly with other aggrieved persons, in an appropriate district court of the United States for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, or for damages incurred as a result of any violation of section 2742, including reasonable attorney fees and costs. (c) Forfeiture Any property subject to forfeiture pursuant to section 2742 may be forfeited to the United States in a civil case in accordance with the procedures set forth in chapter 46. . (b) Clerical amendment The table of chapters for part I of title 18, United States Code, is amended by adding at the end the following: 125. Unauthorized Private Paramilitary Activity 2741 .

Preventing Private Paramilitary Activity Act of 2024

Supreme Court Ethics, Recusal, and Transparency Act of 2023 This bill makes various changes related to the ethical standards, financial disclosure requirements, and recusal requirements that apply to Supreme Court Justices. Among the changes, the bill requires the Supreme Court to adopt a code of conduct for Justices and establish procedures to receive and investigate complaints of judicial misconduct; adopt rules governing the disclosure of gifts, travel, and income received by the Justices and law clerks that are at least as rigorous as the House and Senate disclosure rules; and establish procedural rules requiring each party or amicus to disclose any gift, income, or reimbursement provided to Justices. Additionally, the bill expands the circumstances under which a Justice or judge must be disqualified; and requires the Supreme Court and the Judicial Conference to establish procedural rules for prohibiting the filing of or striking an amicus brief that would result in the disqualification of a Justice, judge, or magistrate judge.

118 S359 IS: Supreme Court Ethics, Recusal, and Transparency 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. 359 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Whitehouse Mr. Blumenthal Mr. Merkley Mr. Booker Mrs. Gillibrand Mr. Reed Mrs. Feinstein Mr. Warner Mr. Sanders Mr. Markey Mr. Durbin Ms. Hirono Committee on the Judiciary A BILL To amend title 28, United States Code, to provide for a code of conduct for justices of the Supreme Court of the United States, and for other purposes. 1. Short title This Act may be cited as the Supreme Court Ethics, Recusal, and Transparency Act of 2023 2. Code of conduct for the Supreme Court of the United States (a) In general Chapter 16 365. Codes of conduct (a) Justices Not later than 180 days after the date of enactment of this section, the Supreme Court of the United States shall, after appropriate public notice and opportunity for comment in accordance with section 2071, issue a code of conduct for the justices of the Supreme Court. (b) Other judges Not later than 180 days after the date of enactment of this section, the Judicial Conference of the United States shall, after appropriate public notice and opportunity for comment in accordance with section 2071, issue a code of conduct for the judges of the courts of appeals, the district courts (including bankruptcy judges and magistrate judges), and the Court of International Trade. (c) Modification The Supreme Court of the United States and the Judicial Conference may modify the applicable codes of conduct under this section after giving appropriate public notice and opportunity for comment in accordance with section 2071. 366. Public access to ethics rules The Supreme Court of the United States shall make available on its internet website, in a full-text, searchable, sortable, and downloadable format, copies of the code of conduct issued under section 365(a), any rules established by the Counselor to the Chief Justice under section 677 and any other related rules or resolutions, as determined by the Chief Justice of the United States, issued by the Counselor to the Chief Justice of the United States or agreed to by the justices of the Supreme Court. 367. Complaints against justices (a) Receipt of complaints Not later than 180 days after the date of enactment of this section, the Supreme Court of the United States shall establish procedures, modeled after the procedures set forth in sections 351 through 364, under which individuals may file with the Court, or the Court may identify, complaints alleging that a justice of the Supreme Court— (1) has violated— (A) the code of conduct issued pursuant to section 365(a); (B) section 455; or (C) any other applicable provision of Federal law; or (2) has otherwise engaged in conduct that undermines the integrity of the Supreme Court of the United States. (b) Judicial investigation panel (1) In general Upon receipt or identification of a complaint under subsection (a), the Supreme Court of the United States shall refer such complaint to a judicial investigation panel, which shall be composed of a panel of 5 judges selected randomly from among the chief judge of each circuit of the United States. (2) Duties The judicial investigation panel shall— (A) review and, if appropriate as determined by the panel, investigate all complaints submitted to the panel using procedures established by the panel and modeled after the procedures set forth in sections 351 through 364; (B) present to the Supreme Court of the United States any findings and recommendations for necessary and appropriate action by the Supreme Court, including dismissal of the complaint, disciplinary actions, or changes to Supreme Court rules or procedures; (C) if the panel does not recommend dismissal of the complaint, not later than 30 days following the presentation of any findings and recommendations under this paragraph, publish a report containing such findings and recommendations; and (D) if the panel recommends dismissal of the complaint, the panel may publish any findings and recommendations if the panel determines that such publication would be in furtherance of the public interest. (3) Powers In conducting any investigation under this section, the judicial investigation panel may hold hearings, take sworn testimony, issue subpoenas ad testificandum and subpoenas duces tecum, and make necessary and appropriate orders in the exercise of its authority. (4) Access If the judicial investigation panel determines that a substantially similar complaint was previously submitted under section 351, but that such substantially similar complaint was dismissed for lack of authority to review or act upon such complaint, the panel shall have access to any information gathered pursuant to this chapter in relation to such substantially similar complaint. (5) Compensation The judicial investigation panel may appoint and fix the compensation of such staff as it deems necessary. . (b) Technical and conforming amendment The table of sections for chapter 16 365. Codes of conduct. 366. Public access to ethics rules. 367. Complaints against justices. . 3. Minimum gift, travel, and income disclosure standards for justices of the supreme court Section 677 of title 28, United States Code, is amended by adding at the end the following: (d) The Counselor, with the approval of the Chief Justice, shall establish rules governing the disclosure of all gifts, income, or reimbursements, as those terms are defined in section 13101 of title 5, received by any justice and any law clerk to a justice. Such rules shall, at minimum, require disclosure of any information concerning gifts, income, and reimbursements required to be disclosed under the Standing Rules of the Senate and the Rules of the House of Representatives. . 4. Circumstances requiring disqualification (a) Anticorruption protections Subsection (b) of section 455 of title 28, United States Code, is amended by adding at the end the following: (6) Where the justice or judge knows that a party to the proceeding or an affiliate of a party to the proceeding made any lobbying contact, as defined in section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 (7) Where the justice or judge, their spouse, minor child, or a privately held entity owned by any such person received income, a gift, or reimbursement, as those terms are defined in section 13101 of title 5— (A) from a party to the proceeding or an affiliate of a party to the proceeding; and (B) during the period beginning on the date that is 6 years before the date on which the justice or judge was assigned to the proceeding and ending on the date of final disposition of the proceeding. . (b) Duty To know Subsection (c) of section 455 of title 28, United States Code, is amended to read as follows: (c) A justice, judge, magistrate judge, or bankruptcy judge of the United States shall ascertain— (1) the personal and fiduciary financial interests of the justice or judge; (2) the personal financial interests of the spouse and minor children residing in the household of the justice or judge; and (3) any interest of the persons described in paragraph (2) that could be substantially affected by the outcome of the proceeding. . (c) Divestment Subsection (f) of section 455 of title 28, United States Code, is amended by inserting under subsection (b)(4) disqualified (d) Duty To notify Section 455 of title 28, United States Code, is amended by adding at the end the following: (g) If at any time a justice, judge, magistrate judge, or bankruptcy judge of the United States learns of a condition that could reasonably require disqualification under this section, the justice or judge shall immediately notify all parties to the proceeding. . (e) Technical and conforming amendments Section 455 of title 28, United States Code, as amended by this section, is amended— (1) in the section heading, by striking judge, or magistrate judge judge, magistrate judge, or bankruptcy judge (2) in subsection (a), by striking judge, or magistrate judge judge, magistrate judge, or bankruptcy judge (3) in subsection (b)— (A) in paragraph (2), by striking the judge or such lawyer the justice, the judge, or such lawyer (B) in paragraph (5)(iii), by inserting justice or judge (C) in paragraph (5)(iv), by inserting justice’s or judge’s (4) in subsection (c), by inserting justice or judge (5) in subsection (d)(4)(i), by inserting justice or judge (6) in subsection (e), by striking judge, or magistrate judge judge, magistrate judge, or bankruptcy judge of the United States (f) Public notice The rules of each court subject to section 455 of title 28, United States Code, as amended by this section, shall be amended to require that the clerk shall publish timely notice on the website of the court of— (1) any matter in which a justice, judge, magistrate judge, or bankruptcy judge of the United States is disqualified under such section; (2) any matter in which the reviewing panel under section 1660 of title 28, United States Code, rules on a motion to disqualify; and (3) an explanation of each reason for the disqualification or ruling, which shall include a specific identification of each circumstance that resulted in such disqualification or ruling, but which shall not include any private or sensitive information deemed by a majority of the reviewing panel under section 1660 of title 28, United States Code, as added by section 5 of this Act, to be appropriate for redaction and unnecessary in order to provide the litigants and public a full understanding of the reasons for the disqualification or ruling. 5. Review of certified disqualification motions (a) In general Chapter 111 1660. Review of certified motions to disqualify (a) Motion for disqualification If a justice, judge, magistrate judge, or bankruptcy judge of the United States is required to be disqualified from a proceeding under any provision of Federal law, a party to the proceeding may file a timely motion for disqualification, accompanied by a certificate of good faith and an affidavit alleging facts sufficient to show that disqualification of the justice, judge, magistrate judge, or bankruptcy judge is so required. (b) Consideration of motion A justice, judge, magistrate judge, or bankruptcy judge of the United States shall either grant or certify to a reviewing panel a timely motion filed pursuant to subsection (a) and stay the proceeding until a final determination is made with respect to the motion. (c) Reviewing panel (1) In general A reviewing panel to which a motion is certified under subsection (b) shall be composed of 3 judges selected at random from judges of the United States who do not sit on the same court— (A) as the judge, magistrate judge, or bankruptcy judge who is the subject of the motion; or (B) as the other members of the reviewing panel. (2) Circuit limitation Not more than 1 member of the reviewing panel may be a judge of the same judicial circuit as the judge, magistrate judge, or bankruptcy judge who is the subject of the motion. (3) Participation The reviewing panel, prior to its final determination with respect to a motion filed under subsection (a), shall provide the judge, magistrate judge, or bankruptcy judge of the United States who is the subject of such motion an opportunity to provide in writing the views of the judge on the motion, including the explanation of the judge for not granting the motion. (d) Supreme Court review The Supreme Court of the United States, not including the justice who is the subject of a motion seeking to disqualify a justice under subsection (a), shall be the reviewing panel for such motions. . (b) Technical and conforming amendment The table of sections for chapter 111 1660. Review of certified motions to disqualify. . 6. Disclosure by parties and amici Not later than 1 year after the date of enactment of this Act, the Supreme Court of the United States shall prescribe rules of procedure in accordance with sections 2072 through 2074 of title 28, United States Code, requiring each party or amicus to list in the petition or brief of the party or amicus, as applicable, a description and value of— (1) any gift, income, or reimbursement, as those terms are defined in section 13101 of title 5, United States Code, provided to any justice, during the period beginning 2 years prior to the commencement of the proceeding and ending on the date of final disposition of the proceeding, by— (A) each such party, amicus, or affiliate of each such party or amicus; (B) the lawyers or law firms in the proceeding of each such party or amicus; and (C) the officers, directors, or employees of each such party or amicus; and (2) any lobbying contact or expenditure of substantial funds by any person described in subparagraphs (A), (B), and (C) of paragraph (1) in support of the nomination, confirmation, or appointment of a justice. 7. Amicus disclosure (a) In general Chapter 111 1661. Disclosures related to amicus activities (a) Disclosure (1) In general Any person that files an amicus brief in a court of the United States shall list in the amicus brief the name of any person who— (A) contributed to the preparation or submission of the amicus brief; (B) contributed not less than 3 percent of the gross annual revenue of the amicus, or an affiliate of the amicus, for the previous calendar year if the amicus is not an individual; or (C) contributed more than $100,000 to the amicus, or an affiliate of the amicus, in the previous calendar year. (2) Exceptions The requirements of this subsection shall not apply to amounts received in commercial transactions in the ordinary course of any trade or business by the amicus, or an affiliate of the amicus, or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in an organization if the amounts are unrelated to the amicus filing activities of the amicus. (b) Audit The Director of the Administrative Office of the United States Courts shall conduct an annual audit to ensure compliance with this section. . (b) Technical and conforming amendment The table of sections for chapter 111 1661. Disclosures related to amicus activities. . 8. Conflicts related to amici curiae (a) In general Except as provided in subsection (b), the Supreme Court of the United States and the Judicial Conference of the United States shall prescribe rules of procedure in accordance with sections 2072 through 2074 of title 28, United States Code, for prohibiting the filing of or striking an amicus brief that would result in the disqualification of a justice, judge, or magistrate judge. (b) Initial transmittal The Supreme Court of the United States shall transmit to Congress— (1) the proposed rules required under subsection (a) not later than 180 days after the date of enactment of this Act; and (2) any rules in addition to those transmitted under paragraph (1) pursuant to section 2074 of title 28, United States Code. 9. Studies and reports (a) Studies (1) In general Beginning on the date that is 180 days after the date of enactment of this Act, and every other year thereafter, the Director of the Federal Judicial Center shall conduct a study on the extent of compliance or noncompliance with the requirements of sections 144 and 455 of title 28, United States Code. (2) Additional time With respect to the first such study required to be submitted under paragraph (1), the requirements of that paragraph may be implemented after the date described in that paragraph if the Director of the Federal Judicial Center identifies in writing to the relevant committees of Congress the additional time needed for submission of the study. (3) Facilitation of studies The Director of the Federal Judicial Center shall maintain a record of each instance in which— (A) a justice, judge, magistrate judge, or bankruptcy judge of the United States was not assigned to a case due to potential or actual conflicts; and (B) a justice, judge, magistrate judge, or bankruptcy judge of the United States disqualifies themselves after a case assignment is made. (b) Reports to Congress Not later than April 1 of each year following the completion of the study required under subsection (a), the Director of the Federal Judicial Center shall submit to Congress a report containing the findings of the study and any recommendations to improve compliance with sections 144 and 455 of title 28, United States Code. (c) GAO review Not later than 1 year after the date on which the report is submitted under subsection (b), and every 5 years thereafter, the Comptroller General of the United States shall submit to Congress a report containing— (1) an evaluation of the methodology and findings of the study required under subsection (a); and (2) the audit required under section 1661 of title 28, United States Code, as added by section 7 of this Act.

Supreme Court Ethics, Recusal, and Transparency Act of 2023

Agility in Manufacturing Preparedness Act of 2023 This bill requires the Department of Health and Human Services (HHS) to seek to contract with the National Institute for Innovation in Manufacturing Biopharmaceuticals to assess and make recommendations concerning U.S. capabilities for biopharmaceutical manufacturing and related matters. HHS must coordinate with the Biomedical Advanced Research and Development Authority on this contract.

118 S36 IS: Agility in Manufacturing Preparedness 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. 36 IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Rubio Mr. Coons Committee on Health, Education, Labor, and Pensions A BILL To review domestic biopharmaceutical manufacturing capabilities in order to improve public health and medical preparedness and response capabilities and domestic biopharmaceutical manufacturing capabilities. 1. Short title This Act may be cited as the Agility in Manufacturing Preparedness Act of 2023 2. Review of domestic biopharmaceutical manufacturing capabilities (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary (b) Review and recommendations Under an agreement described in subsection (a) between the Secretary, the Director of the Biomedical Advanced Research and Development Authority, and the National Institute for Innovation in Manufacturing Biopharmaceuticals, the National Institute for Innovation in Manufacturing Biopharmaceuticals shall— (1) review current domestic biopharmaceutical manufacturing capacity at the Department of Health and Human Services and such department's adaptability to various threats; (2) draft recommendations for developing, demonstrating, deploying, and advancing new domestic biopharmaceutical manufacturing technologies that address gaps identified under paragraph (1) and align Federal technologies with technologies available to the private sector, including through the new BioMAP initiative of the Biomedical Advanced Research and Development Authority; and (3) identify other opportunities and priorities to improve the United States public health and medical preparedness and response capabilities and domestic biopharmaceutical manufacturing capabilities.

Agility in Manufacturing Preparedness Act of 2023

Stop Higher Education Espionage and Theft Act of 2023 This bill establishes a process for designating foreign actors as foreign intelligence threats to higher education. Specifically, the Federal Bureau of Investigation (FBI) must designate a foreign actor as a foreign intelligence threat to higher education if the foreign actor has committed, attempted to commit, or conspired to commit certain actions in connection with an institution of higher education (IHE), such as espionage, misuse of visas, or theft of trade secrets. Prior to making such a designation, the FBI must submit notice to Congress and the Department of Justice. Upon the designation of a foreign actor as a threat, the Department of State must revoke the nonimmigrant visa issued to the foreign actor present in the United States, and the Department of Homeland Security must initiate removal proceedings against the foreign actor. Additionally, the bill provides for judicial review and a process for revoking a foreign actor's designation as a threat. Finally, the bill also requires an IHE to disclose to the Department of Education any gift or contract with a foreign intelligence threat, including the fair market value of the gift or contract.

118 S360 IS: Stop Higher Education Espionage and Theft 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. 360 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Cruz Committee on the Judiciary A BILL To address foreign threats to higher education in the United States. 1. Short title This Act may be cited as the Stop Higher Education Espionage and Theft Act of 2023 2. Designation of foreign intelligence threats to higher education (a) In general Chapter 33 540D. Designation of foreign intelligence threats to higher education (a) Definitions In this section— (1) the term classified information (2) the term Director (3) the term foreign actor (A) a foreign government or its auxiliary territories, or any component thereof, whether or not recognized by the United States; (B) a foreign-based political organization, not substantially composed of United States persons; (C) a faction of a foreign nation or foreign nations, not substantially composed of United States persons; (D) an entity that is openly acknowledged by a foreign government or foreign governments to be directed and controlled by such foreign government or foreign governments; (E) any partnership, association, corporation, organization, or other combination of persons who acts as an agent, representative, employee, or servant of, or whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a government, organization, faction, or entity described in subparagraph (A), (B), (C), or (D); or (F) any individual who acts as an agent, representative, employee, or servant of, or whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a government, organization, faction, or entity described in subparagraph (A), (B), (C), or (D), unless such individual is a citizen of and domiciled within the United States; (4) the term institution 20 U.S.C. 1001 (5) the term national security (6) the term relevant committees of Congress (A) the Committee on the Judiciary, the Select Committee on Intelligence, the Committee on Homeland Security and Government Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on the Judiciary, the Permanent Select Committee on Intelligence, the Committee on Homeland Security, and the Committee on Education and the Workforce of the House of Representatives; and (7) the term United States person 50 U.S.C. 1801 (b) Designation (1) In general The Director shall designate a foreign actor as a foreign intelligence threat to higher education, in accordance with this subsection, if the Director finds that the foreign actor has committed, attempted to commit, or conspired to commit, in connection with an institution, one or more of the following: (A) Smuggling goods from the United States, in violation of section 554 of title 18. (B) Espionage, in violation of sections 791 through 799 of title 18. (C) Kidnapping, in violation of section 1201 of title 18. (D) Fraud or misuse of visas, permits, or other documents, in violation of section 1546 of title 18. (E) Aggravated identity theft, in violation of section 1028A of title 18. (F) Fraud or related activity in connection with access devices, in violation of section 1029 of title 18. (G) Fraud or related activity in connection with computers, in violation of section 1030 of title 18. (H) Economic espionage, in violation of section 1831 of title 18. (I) Theft of trade secrets, in violation of section 1832 of title 18. (J) Terrorism, in violation of sections 2331 through 2339D of title 18. (K) Interception or disclosure of wire, oral, or electronic communications, in violation of section 2511 of title 18. (L) A violation of any control on the import or export of defense articles or defense services imposed under section 38 of the Arms Export Control Act ( 22 U.S.C. 2778 (M) A violation of any control on the export, reexport, and in-country transfer of an item imposed under section 1753 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4812 (N) An unlawful act described in section 206(a) of the International Emergency Economic Powers Act ( 50 U.S.C. 1705(a) (2) Procedure (A) Notice before designation (i) To congressional leaders Not later than 7 days before making a designation under paragraph (1), the Director shall submit to the Speaker and minority leader of the House of Representatives, the President pro tempore, majority leader, and minority leader of the Senate, and the members of the relevant committees of Congress— (I) written notice of the intent of the Director to designate a foreign actor under paragraph (1); and (II) the findings made under paragraph (1) with respect to foreign actor and the factual basis therefor. (ii) To the Attorney General Not later than 7 days before making a designation under paragraph (1), the Director shall submit to the Attorney General, for the Attorney General to determine whether further investigation or prosecution is warranted— (I) written notice of the intent of the Director to designate a foreign actor under paragraph (1); and (II) the findings made under paragraph (1) with respect to the foreign actor and the factual basis therefor. (iii) Protection of classified information The notice and findings submitted under clauses (i) and (ii) may be in classified form. (B) Publication in Federal Register If the Director makes a designation under paragraph (1), the Director shall publish the designation in the Federal Register on the date of the designation. (C) Effect of designation For purposes of section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f (D) Effect of designation on lawful status (i) Revocation of nonimmigrant visa The Secretary of State shall revoke the nonimmigrant visa issued to any foreign actor present in the United States immediately after such foreign actor has been designated under paragraph (1). (ii) Removal The Secretary of Homeland Security shall initiate removal proceedings against any foreign actor described in clause (i) and expeditiously remove such foreign actor from the United States. (iii) Ineligibility Any foreign actor who has been designated under paragraph (1) shall be inadmissible to the United States and ineligible to receive a United States visa or be admitted to the United States. (iv) Appeal If a foreign actor appeals a designation under paragraph (1), the consequences described in clauses (i) through (iii) shall be stayed until such appeal has been fully adjudicated. (3) Record (A) In general In making a designation under paragraph (1), the Director shall create an administrative record. (B) Classified information The Director may consider classified information in making a designation under paragraph (1). Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (d). (4) Period of designation (A) In general A designation under paragraph (1) shall be effective for all purposes until revoked under paragraph (5) or (6) or set aside under subsection (d). (B) Review of designation upon petition (i) In general The Director shall review the designation of a foreign actor as a foreign intelligence threat to higher education under the procedures set forth in clauses (iii) and (iv) if the designated foreign actor files a petition for revocation within the petition period described in clause (ii). (ii) Petition period For purposes of clause (i)— (I) if the designated foreign actor has not previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date on which the designation was made; or (II) if the designated foreign actor has previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date of the determination made under clause (iv) with respect to that petition. (iii) Procedures Any foreign actor designated as a foreign intelligence threat to higher education that submits a petition for revocation under this subparagraph shall provide evidence in the petition that the relevant circumstances described in paragraph (1) are sufficiently different from the circumstances that were the basis for the designation such that a revocation with respect to the foreign actor is warranted. (iv) Determination (I) In general Not later than 180 days after receiving a petition for revocation submitted under this subparagraph, the Director shall make a determination as to such revocation. (II) Classified information The Director may consider classified information in making a determination in response to a petition for revocation. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (d). (III) Publication of determination A determination made by the Director under this clause shall be published in the Federal Register. (IV) Procedures Any revocation of a designation by the Director shall be made in accordance with paragraph (6). (C) Other review of designation (i) In general If no review has taken place under subparagraph (B) during any 5-year period, the Director shall review the designation of a foreign actor as a foreign intelligence threat to higher education under paragraph (1) in order to determine whether such designation should be revoked pursuant to paragraph (6). (ii) Procedures If a review does not take place pursuant to subparagraph (B) in response to a petition for revocation that is filed in accordance with that subparagraph, the review shall be conducted pursuant to procedures established by the Director. The results of such review and the applicable procedures shall not be reviewable in any court. (iii) Publication of results of review The Director shall publish any determination made under this subparagraph in the Federal Register. (5) Revocation by Act of Congress Congress, by an Act of Congress, may block or revoke a designation made under paragraph (1). (6) Revocation based on change in circumstances (A) In general The Director may revoke a designation made under paragraph (1) at any time, and shall revoke a designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4) if the Director finds that— (i) the circumstances that were the basis for the designation have changed in such a manner as to warrant revocation; or (ii) the national security of the United States warrants a revocation. (B) Procedure The procedural requirements of paragraphs (2) and (3) shall apply to a revocation under this paragraph. Any revocation shall take effect on the date specified in the revocation or upon publication in the Federal Register if no effective date is specified. (7) Effect of revocation The revocation of a designation under paragraph (5) or (6) shall not affect any action or proceeding based on conduct committed prior to the effective date of such revocation. (c) Amendments to a designation (1) In general The Director may amend a designation under subsection (b)(1) if the Director finds that the foreign actor has changed its name, adopted a new alias, dissolved and then reconstituted itself under a different name or names, or merged with another foreign actor. (2) Procedure Amendments made to a designation in accordance with paragraph (1) shall be effective upon publication in the Federal Register. Subparagraphs (C) and (D) of subsection (b)(2) shall apply to an amended designation upon such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection (b) shall also apply to an amended designation. (3) Administrative record The administrative record shall be corrected to include the amendments as well as any additional relevant information that supports those amendments. (4) Classified information The Director may consider classified information in amending a designation in accordance with this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (d). (d) Judicial review of designation (1) In general Not later than 30 days after publication in the Federal Register of a designation, an amended designation, or a determination in response to a petition for revocation, the foreign actor designated as a foreign intelligence threat to higher education may seek judicial review in the United States Court of Appeals for the District of Columbia Circuit. (2) Basis of review Review under this subsection shall be based solely upon the administrative record, except that the Government may submit, for ex parte and in camera review, classified information used in making the designation, amended designation, or determination in response to a petition for revocation, in a manner consistent with the Classified Information Procedures Act (18 U.S.C. App.). (3) Scope of review The court shall hold unlawful and set aside a designation, amended designation, or determination in response to a petition for revocation the court finds to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitation, or short of statutory right; (D) lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under paragraph (2); or (E) not in accord with the procedures required by law. (4) Judicial review invoked The pendency of an action for judicial review of a designation, amended designation, or determination in response to a petition for revocation shall not affect the application of this section, unless the court issues a final order setting aside the designation, amended designation, or determination in response to a petition for revocation. (e) Imposition of sanctions under International Emergency Economic Powers Act (1) In general The President may, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (A) block and prohibit all transactions in all property and interests in property of a foreign actor designated as a foreign intelligence threat to higher education under subsection (b)(1), if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person; or (B) (i) prohibit any institution, and all employees of an institution, from— (I) negotiating or entering into a contract with such a foreign actor; or (II) transferring information developed through research to such a foreign actor; and (ii) require any institution that has a contract with such a foreign actor in effect as of the date on which the foreign actor is designated as a foreign intelligence threat to higher education under subsection (b)(1) to terminate that contract. (2) Transfer defined For purposes of paragraph (1)(B)(i)(II), the term transfer (A) an actual shipment or transmission of the information out of the United States, including the sending or taking of information out of the United States, in any manner; (B) releasing or otherwise transferring the information, including technical data, to a foreign person in the United States (commonly referred to as a deemed export (C) visual or other inspection by a foreign person of the information that reveals information directly or indirectly related to critical technologies; and (D) oral or written exchanges with a foreign person of information, whether or not in the United States. (3) Inapplicability of national emergency requirement The requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 (4) 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 (5) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1) or any regulation, license, or order issued to carry out that paragraph 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 (f) Activities with national security implications (1) In general The Director shall provide the Secretary of Homeland Security with information about any foreign actor who has not been designated under subsection (b) if the foreign actor has engaged in any practice with national security implications, including— (A) transferring uncontrolled, but sensitive technology acquired during the foreign actor’s interactions with academic institutions; (B) significantly changing the nature or type of academic study initially reported by the foreign actor, such as changing his or her major from a nonsensitive field of study to a sensitive field of study; (C) significantly deviating from the terms of a nonimmigrant visa related to the study of technology deemed sensitive in nature; and (D) misrepresenting, omitting, or falsifying any information provided to the Department of State or the Department of Homeland Security regarding the purpose of the foreign actor’s presence in the United States. (2) Effect of revocation of visa If the Secretary of Homeland Security orders the revocation of a visa issued to a foreign actor described in paragraph (1), the foreign actor— (A) shall be permitted to voluntarily depart the United States within 10 days; and (B) may be given the opportunity to reapply for a visa outside of the United States. (3) Effect of failure to voluntarily depart If a foreign actor described in paragraph (2) chooses not to voluntarily depart the United States, the Secretary of Homeland Security shall provide for the expedited removal of the foreign actor from the United States in accordance with section 238(a)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1228(a)(3)(B) (g) Reports (1) In general Not later than 180 days after the date of enactment of this section, and every year thereafter, the Director shall submit to the relevant committees of Congress a detailed report containing the following: (A) A description and assessment of foreign actors who engage in activities listed in subsection (b)(1). (B) An assessment of the impact of foreign actors who engage in activities listed in subsection (b)(1) on scholarship and research and development in connection with institutions. (C) An assessment of the implementation and operation of the designation process for foreign intelligence threats to higher education established under this section. (D) An assessment of the likely effects of the designation of foreign intelligence threats to higher education on activities listed in subsection (b)(1) in connection with institutions. (2) Form of reports The reports required under paragraph (1) shall be submitted in an unclassified form, but may contain a classified annex. . (b) Deportability; expedited removal (1) Deportability Section 237(a)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(2)(A) (A) by redesignating clause (vi) as clause (vii); and (B) by inserting after clause (v) the following: (vi) Foreign intelligence threat to higher education Any alien who has been designated as a foreign intelligence threat to higher education under section 540D(b) of title 28, United States Code, is deportable. . (2) Expedited removal Section 238(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1228(a)(3) (A) by redesignating subparagraph (B) as subparagraph (C); and (B) by inserting after subparagraph (A) the following: (B) The Secretary of Homeland Security shall provide for the expedited removal of aliens who have been designated as a foreign intelligence threat to higher education under section 540D(b) of title 28, United States Code, in the interest of national security. . (c) Technical and conforming amendment The table of sections for chapter 33 540D. Designation of foreign intelligence threats to higher education. . 3. Disclosure of foreign gifts or contracts Section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f (1) by striking subsection (a) and inserting the following: (a) Disclosure report (1) In general An institution described in paragraph (2) for a calendar year shall file a disclosure report under subsection (b) with the Secretary by January 31 or July 31, whichever is sooner. (2) Types of institutions An institution described in this paragraph is an institution that— (A) is owned or controlled by a foreign source; (B) receives a gift from or enters into a contract with a foreign source, the value of which is $250,000 or more, considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year; or (C) receives a gift from or enters into a contract with a foreign intelligence threat to higher education, or any agent thereof. ; (2) in subsection (b)— (A) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and adjusting the margins appropriately; (B) by striking Report Report (1) In general Each ; (C) in subparagraph (A) (as so redesignated), by inserting , as measured by the fair market value of such gifts and contracts particular country (D) in subparagraph (B) (as so redesignated)— (i) by inserting the identity of the foreign government and, if applicable, the foreign government agency, and with a foreign government, (ii) by inserting , as measured by the fair market value of such gifts and contracts (E) by adding at the end the following: (2) Requirements relating to foreign intelligence threats For any institution described in subsection (a)(2)(C), the report required under this section shall contain, in addition to any applicable information required under paragraph (1)— (A) the identity of the foreign intelligence threat to higher education involved; and (B) the aggregate dollar amount of such gifts and contracts attributable to the foreign intelligence threat to higher education, as measured by the fair market value of such gifts and contracts. ; (3) in subsection (c), by adding at the end the following: (3) For any such gift received from, or contract entered into with, a foreign intelligence threat to higher education, the fair market value of the gift or contract, the date of the gift or contract, and a description of any such conditions or restrictions on the gift or contract. ; (4) in subsection (e), by inserting , and shall also be accessible to the public through electronic means (5) in subsection (h)— (A) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; (B) by inserting after paragraph (1) the following: (2) the term foreign intelligence threat to higher education ; (C) in paragraph (4) (as so redesignated), by striking or property , property, services, or payment to the staff of an institution (D) by striking paragraph (5) (as so redesignated) and inserting the following: (5) the term institution (A) to which Federal financial assistance is extended (directly or indirectly through another entity or person); or (B) that receives support from the extension of Federal financial assistance to any of the institution's subunits ; and (E) in paragraph (6)(B) (as so redesignated), by inserting institutes, instructional programs, research or lecture

Stop Higher Education Espionage and Theft Act of 2023

Abortion Is Not Health Care Act of 2024 This bill prohibits a tax deduction for medical expenses relating to an abortion, with specified exceptions for rape or incest, or to protect the life or health of the mother.

118 S3607 IS: Abortion Is Not Health Care Act of 2024 U.S. Senate 2024-01-17 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 2d Session S. 3607 IN THE SENATE OF THE UNITED STATES January 17, 2024 Mr. Lee Mr. Braun Mrs. Blackburn Mr. Hagerty Mr. Rubio Mr. Thune Mr. Daines Mr. Cramer Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide that amounts paid for an abortion are not taken into account for purposes of the deduction for medical expenses. 1. Short title This Act may be cited as the Abortion Is Not Health Care Act of 2024 2. Amounts paid for abortion not taken into account in determining deduction for medical expenses (a) In general Section 213 (f) Amounts paid for abortion not taken into account (1) In general An amount paid during the taxable year for an abortion shall not be taken into account under subsection (a). (2) Exceptions Paragraph (1) shall not apply in the case of an abortion with respect to— (A) a woman suffering from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, or (B) a pregnancy that is the result of an act of rape or incest. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Abortion Is Not Health Care Act of 2024

Access to Family Building Act This bill provides a statutory right to access assisted reproductive technology (e.g., in vitro fertilization). Specifically, under the bill, individuals have the right to access assisted reproductive technology, and to retain all rights with respect to the use or disposition of reproductive genetic materials (e.g., eggs or sperm), without prohibitions or unreasonable restrictions. Health care providers and insurers also have the right to provide and cover these services, respectively. The bill does not affect state or local health and safety regulations that achieve their purpose in the least restrictive manner possible. The Department of Justice may bring civil actions against states, localities, or government officials or entities that enact or enforce limitations or requirements that violate this bill. Individuals and health care providers who are affected by violations may also bring civil actions for relief.

118 S3612 IS: Access to Family Building Act U.S. Senate 2024-01-18 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 2d Session S. 3612 IN THE SENATE OF THE UNITED STATES January 18, 2024 Ms. Duckworth Ms. Baldwin Mrs. Murray Mrs. Gillibrand Committee on Health, Education, Labor, and Pensions A BILL To prohibit the limitation of access to assisted reproductive technology, and all medical care surrounding such technology. 1. Short title This Act may be cited as the Access to Family Building Act 2. Definitions In this Act: (1) Assisted reproductive technology The term assisted reproductive technology 42 U.S.C. 263a–7(1) (2) Health care provider The term health care provider (A) is engaged or seeks to engage in the delivery of assisted reproductive technology, including through the provision of evidence-based information, counseling, referrals, or items and services that relate to, aid in, or provide fertility treatment; and (B) if required by State law to be licensed, certified, or otherwise authorized to engage in the delivery of such services— (i) is so licensed, certified, or otherwise authorized; or (ii) would be so licensed, certified, or otherwise authorized but for the individual's or entity's past, present, or potential provision of assisted reproductive technology in accordance with section 4. (3) Patient The term patient (4) State The term State 3. Findings and purpose (a) Findings Congress finds the following: (1) Congress has the authority to enact this Act to protect access to fertility treatments pursuant to— (A) its powers under the Commerce Clause of section 8 of article I of the Constitution of the United States; (B) its powers under section 5 of the Fourteenth Amendment to the Constitution of the United States to enforce the provisions of section 1 of the Fourteenth Amendment; and (C) its powers under the necessary and proper clause of section 8 of article I of the Constitution of the United States. (2) Congress has used its authority in the past to protect and expand access to fertility treatment, information, products, and services. (b) Purpose It is the purpose of this Act to permit health care providers to provide, and for patients to receive, assisted reproductive technology services without limitations or requirements that— (1) are more burdensome than limitations or requirements imposed on medically comparable procedures; (2) do not significantly advance reproductive health or the safety of such services; or (3) unduly restrict access to such services. 4. Access to assisted reproductive technology (a) General rule (1) Individual rights An individual has a statutory right under this Act, including without prohibition or unreasonable limitation or interference (such as due to financial cost or detriment to the individual’s health, including mental health), to— (A) access assisted reproductive technology; (B) continue or complete an ongoing assisted reproductive technology treatment or procedure pursuant to a written plan or agreement with a health care provider; and (C) retain all rights regarding the use or disposition of reproductive genetic materials, including gametes, subject to subsection (c). (2) Health care provider rights A health care provider has a statutory right under this Act to— (A) perform or assist with the performance of assisted reproductive technology treatments or procedures; and (B) provide or assist with the provision of evidence-based information related to assisted reproductive technology. (3) Insurance provider rights A health insurance provider has a statutory right under this Act to cover assisted reproductive technology treatments or procedures. (b) Enforcement (1) The attorney general The Attorney General may commence a civil action on behalf of the United States against any State, local municipality, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that prohibits, unreasonably limits, or interferes with subsection (a). The court shall hold unlawful and set aside the limitation or requirement if it is in violation of subsection (a). (2) Private right of action Any individual or entity adversely affected by an alleged violation of subsection (a) may commence a civil action against any State or local government official that enacts, implements, or enforces a limitation or requirement that violates subsection (a). The court shall hold unlawful and enjoin the limitation or requirement if it is in violation of subsection (a). (3) Health care provider A health care provider may commence an action for relief on its own behalf, on behalf of the provider’s staff, or on behalf of the provider’s patients who are or may be adversely affected by an alleged violation of subsection (a). (4) Equitable relief In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (5) Costs In any action under this section, the court shall award costs of litigation, as well as reasonable attorney’s fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney’s fees in any non-frivolous action under this section. (6) Jurisdiction The district courts of the United States shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. (7) Right to remove Any party shall have a right to remove an action brought under this subsection to the district court of the United States for the district and division embracing the place where such action is pending. An order remanding the case to the State court from which it was removed under this paragraph is immediately reviewable by appeal or otherwise. (c) State regulation of medicine Nothing in this Act shall be construed to prohibit enforcement of health and safety regulations a State or local municipality requires of medical facilities or providers, if such regulations— (1) advance the safety of health care services or the health of patients; and (2) that safety objective cannot be advanced by a less restrictive alternative measure or action. (d) Insurance Nothing in this Act shall be construed to modify, supersede, or otherwise affect any State law regarding insurance coverage of assisted reproductive technologies and treatments. (e) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations to carry out this section. 5. Applicability and preemption (a) In general (1) General application This Act supersedes and applies to the law of the Federal Government and each State government, and the implementation of such law, whether statutory, common law, or otherwise, and whether adopted before or after the date of enactment of this Act, and neither the Federal Government nor any State government shall administer, implement, or enforce any law, rule, regulation, standard, or other provision having the force and effect of law that conflicts with any provision of this Act, notwithstanding any other provision of Federal law, including the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq. (2) Subsequently enacted Federal legislation Federal statutory law adopted after the date of the enactment of this Act is subject to this Act unless such law explicitly excludes such application by reference to this Act. (b) Defense In any cause of action against an individual or entity who is subject to a limitation or requirement that violates this Act, in addition to the remedies specified in section 4(b), this Act shall also apply to, and may be raised as a defense by, such an individual or entity. 6. Severability If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances shall not be affected thereby.

Access to Family Building Act

Inaugural Committee Transparency Act of 2024 This bill requires the presidential inaugural committee to disclose to the Federal Election Commission, by 90 days after the presidential inaugural ceremony, any disbursement made in an amount equal to or greater than $200 and the purpose of each disbursement. The committee must also disclose the name and address of the person to whom the disbursement was made, the date of the disbursement, and the total amount and purpose of the disbursement. The bill prohibits (1) an inaugural committee from soliciting or receiving a donation from a foreign national, in addition to the current ban on a committee accepting such a donation; (2) a person from making a donation to an inaugural committee in the name of another; (3) a foreign national from making a donation or making a promise to make a donation to such a committee; or (4) converting a donation to an inaugural committee to personal use. The committee must disburse any remaining donated funds not later than 90 days after the inaugural ceremony to tax-exempt charitable organizations, but may request an extension of such 90-day period.

118 S3616 IS: Inaugural Committee Transparency Act of 2024 U.S. Senate 2024-01-18 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 2d Session S. 3616 IN THE SENATE OF THE UNITED STATES January 18, 2024 Ms. Cortez Masto Mr. Whitehouse Mr. Blumenthal Mr. Van Hollen Ms. Warren Mr. Markey Committee on the Judiciary A BILL To require additional disclosures relating to donations to the Presidential Inaugural Committee, and for other purposes. 1. Short title This Act may be cited as the Inaugural Committee Transparency Act of 2024 2. Disclosure of certain donations to and spending by the Presidential Inaugural Committee Section 510 of title 36, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1), by inserting , and disclosing any disbursement made in an amount equal to or greater than $200 and the purpose of each disbursement (B) in paragraph (2)— (i) in subparagraph (B), by striking and (ii) in subparagraph (C), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (D) for any disbursement in an amount equal to or greater than $200 that is made, including any such disbursement made after the end of the inaugural period— (i) the name and address of the person to whom the disbursement was made; (ii) the date on which the disbursement was made; and (iii) the total amount and purpose of the disbursement. ; (2) by amending subsection (c) to read as follows: (c) Prohibition (1) In general It shall be unlawful— (A) for an Inaugural Committee to solicit, accept, or receive a donation from a foreign national; (B) for a person— (i) to make a donation to an Inaugural Committee in the name of another person, or to knowingly authorize his or her name to be used to effect such a donation; or (ii) to knowingly accept a donation to an Inaugural Committee made by a person in the name of another person; (C) for a foreign national to, directly or indirectly, make a donation, or make an express or implied promise to make a donation, to an Inaugural Committee; or (D) to convert a donation to an Inaugural Committee to personal use as described in paragraph (3). (2) Definition of foreign national In this subsection, the term foreign national 52 U.S.C. 30121(b) (3) Conversion of donation to personal use For purposes of paragraph (1)(D), a donation shall be considered to be converted to personal use if any part of the donated amount is used to fulfill a commitment, obligation, or expense of a person that would exist irrespective of the responsibilities of the Inaugural Committee. ; and (3) by adding at the end the following: (d) Requirement (1) In general Not later than the date that is 90 days after the date of the Presidential inaugural ceremony, the Inaugural Committee shall disburse any remaining donated funds to an organization described in section 501(c)(3) (2) Extension (A) Request Upon request from the Inaugural Committee, the Federal Election Commission may extend the 90-day period described in paragraph (1). (B) Supplemental report In the case of an extension under subparagraph (A), the Inaugural Committee shall, not later than the last day of the extension period, file a supplement to the report required under subsection (b)(1). .

Inaugural Committee Transparency Act of 2024

Tax Excessive CEO Pay Act of 2024 This bill increases the current 21% income tax rate of corporations whose ratio of compensation of their principal executive officers or other highest compensated employees to median worker compensation is more than 50 to 1, in which case the increase is 0.5%. The pay ratio disparity extends from 100 to 1 to 500 to 1, in which case the increase is 5%. The bill exempts from such increase certain corporations based upon their average annual gross receipts.

118 S3620 IS: Tax Excessive CEO Pay Act of 2024 U.S. Senate 2024-01-18 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 2d Session S. 3620 IN THE SENATE OF THE UNITED STATES January 18, 2024 Mr. Sanders Ms. Warren Mr. Van Hollen Mr. Markey Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to impose a corporate tax rate increase on companies whose ratio of compensation of the CEO or other highest paid employee to median worker compensation is more than 50 to 1, and for other purposes. 1. Short title This Act may be cited as the Tax Excessive CEO Pay Act of 2024 2. Corporate tax increase based on compensation ratio (a) In general Section 11 (e) Tax increase based on pay ratio (1) In general (A) Increase imposed In the case of any corporation (except as provided in subparagraph (B)(ii)(II)) the pay ratio of which is greater than 50 to 1 for a taxable year, the 21 percent rate under subsection (b) for such taxable year shall be increased by the penalty determined under paragraph (2). (B) Pay ratio For purposes of this subsection— (i) In general The term pay ratio (ii) Corporations not subject to SEC filing In the case of a corporation which (without regard to this clause) is not subject to the authorities described in section 229.10(a) of title 17, Code of Federal Regulations (or any successor thereto)— (I) Large corporations If the average annual gross receipts of such corporation for the 3-taxable-year period ending with the taxable year which precedes such taxable year are at least $100,000,000, such corporation shall calculate and report its pay ratio according to the method which the Secretary shall prescribe by regulations consistent with the regulation described in clause (i). (II) Other private corporations exempt Subparagraph (A) shall not apply to any such corporation if the average annual gross receipts of such corporation for the 3-taxable-year period ending with the taxable year which precedes such taxable year are less than $100,000,000. (2) Amount of penalty The penalty determined under this paragraph is an increase, expressed in percentage points, determined in accordance with the following table: If the pay ratio is: The increase is: Greater than 50 to 1, but not greater than 100 to 1 0.5 Greater than 100 to 1, but not greater than 200 to 1 1 Greater than 200 to 1, but not greater than 300 to 1 2 Greater than 300 to 1, but not greater than 400 to 1 3 Greater than 400 to 1, but not greater than 500 to 1 4 Greater than 500 to 1 5. . (b) Conforming amendments (1) The following sections of the Internal Revenue Code of 1986 are each amended by inserting applicable to the corporation (after the application of section 11(e)) section 11(b) (A) Section 280C(c)(2)(B)(ii)(II). (B) Paragraphs (2)(B) and (6)(A)(ii) of section 860E(e). (C) Section 7874(e)(1)(B). (2) Section 852(b)(3)(A) of such Code is amended by inserting (after the application of section 11(e)) section 11(b) (3) Paragraphs (1) and (2) of section 1445(e) of such Code are each amended by striking in effect for the taxable year under section 11(b) applicable to such corporation under section 11 for the taxable year (4) Section 1446(b)(2)(B) of such Code is amended by striking specified in section 11(b) applicable to such corporation under section 11 for the taxable year (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2024. (d) Regulations The Secretary of the Treasury (or the Secretary's delegate) shall issue regulations as necessary to prevent avoidance of the purposes of the amendments made by subsection (a), including regulations to prevent the manipulation of the compensation ratio under section 11(e)

Tax Excessive CEO Pay Act of 2024

Research for Healthy Soils Act This bill includes research on the agricultural impacts of microplastics in land-applied biosolids on farmland as a Department of Agriculture (USDA) high-priority research and extension area. Microplastic is a plastic or plastic-coated particle that is less than 5 millimeters in size. The bill specifically allows grants for carrying out or enhancing research in this area (e.g., through the development or analysis of wastewater treatment techniques to filter out or biodegrade microplastics from biosolids intended to be used for agricultural purposes). Further, the bill reauthorizes USDA grants to support competitive specialized research and extension activities, including high-priority areas, through FY2028. The bill also specifically reauthorizes through FY2028 the Pulse Crop Health Initiative; the Comprehensive Food Safety Training Network; pollinator protection research and extension grants; increased USDA capacity and infrastructure to address and conduct research on colony collapse disorder and other pollinator issues; and a USDA-conducted nationwide honey bee pest, pathogen, health, and population status surveillance program.

118 S3623 IS: Research for Healthy Soils Act U.S. Senate 2024-01-18 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 2d Session S. 3623 IN THE SENATE OF THE UNITED STATES January 18, 2024 Mr. Merkley Mr. Booker Mr. Van Hollen Mr. Whitehouse Mr. Wyden Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to include as a high-priority research and extension area research on microplastics in land-applied biosolids on farmland, and for other purposes. 1. Short title This Act may be cited as the Research for Healthy Soils Act 2. Microplastics in land-applied biosolids on farmland Section 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925(d) (21) Microplastics in land-applied biosolids on farmland Research and extension grants may be made under this section for the purposes of carrying out or enhancing research on the agricultural impacts of plastic or plastic-coated particles that are less than 5 millimeters in any dimension (referred to in this paragraph as microplastics (A) by conducting surveys and collecting data on microplastic concentration, particle size, and chemical composition in land-applied biosolids on farmland; (B) through the development or analysis of wastewater treatment techniques to filter out or biodegrade microplastics from biosolids intended to be used for agricultural purposes; (C) by conducting an analysis of the impact on agricultural crops and soil health of microplastics in land-applied biosolids on farmland; (D) by conducting research to better understand how wastewater processing impacts microplastics; and (E) by conducting research to better understand the fate, residence time, and transport of microplastics on farmland. . 3. Reauthorization of high-priority research and extension initiatives Section 1672 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925 2023 2028

Research for Healthy Soils Act

Protect Small Business and Prevent Illicit Financial Activity Act This bill revises the requirements for small U.S. companies to report certain beneficial ownership information that take effect on January 1, 2024. Beneficial ownership information includes the identity of an individual behind a corporate entity. The bill extends the deadline for companies to report ownership information to the Department of the Treasury's Financial Crimes Enforcement Network (FinCEN). Specifically, existing companies must file their initial ownership report within two years (current regulations require the report within one year). New companies must file their initial ownership report within 90 days (current regulations require the report within 30 days). Companies must report updates or changes in ownership within 90 days (current regulations require companies to report such changes within 30 days).

118 S3625 IS: Protect Small Business and Prevent Illicit Financial Activity Act U.S. Senate 2024-01-18 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 2d Session S. 3625 IN THE SENATE OF THE UNITED STATES January 18, 2024 Mr. Scott of South Carolina Committee on Banking, Housing, and Urban Affairs A BILL To amend title 31, United States Code, to provide small businesses with additional time to file beneficial ownership information, and for other purposes. 1. Short title This Act may be cited as the Protect Small Business and Prevent Illicit Financial Activity Act 2. Beneficial ownership information reporting deadlines for small businesses Section 5336(b)(1) of title 31, United States Code, is amended— (1) in subparagraph (B)— (A) by inserting (but which may not adjust the report submission deadline) Treasury (B) by striking in a timely manner, and (2) in subparagraph (C)— (A) by inserting (but which may not adjust the report submission deadline) Treasury (B) by striking at the time of not later than 90 days after the date of such (3) in subparagraph (D)— (A) by inserting (but which may not adjust the report submission deadline) Treasury (B) by striking in a timely manner, and not later than 1 year not later than 90 days (4) by adding at the end the following: (H) Unable to obtain FinCEN may not by rule, guidance, or otherwise, permit a reporting company from submitting a report relating to the inability of the reporting company to obtain or identify information in the alternative to submitting a report required under this subsection. .

Protect Small Business and Prevent Illicit Financial Activity Act

Hunger Clearinghouse Enhancement Act of 2024 This bill provides funding through FY2031 to the Department of Agriculture for maintaining a clearinghouse that provides information to assist low-income individuals and communities in obtaining nutrition assistance and related resources. The bill specifies that the clearinghouse must provide information on the utilization of trained volunteers.

118 S3645 IS: Hunger Clearinghouse Enhancement Act of 2024 U.S. Senate 2024-01-23 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 2d Session S. 3645 IN THE SENATE OF THE UNITED STATES January 23, 2024 Mrs. Gillibrand Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Richard B. Russell National School Lunch Act to fund the information clearinghouse through fiscal year 2031, and for other purposes. 1. Short title This Act may be cited as the Hunger Clearinghouse Enhancement Act of 2024 2. Information clearinghouse Section 26 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769g (1) in subsection (a)— (A) by inserting , including information with respect to the utilization of trained volunteers, provide information (B) by inserting resources that address ways to prevent hunger, food assistance, (2) in subsection (d), in the first sentence— (A) by striking and $250,000 (B) by striking 2024 2023, and $750,000 for each of fiscal years 2024 through 2031

Hunger Clearinghouse Enhancement Act of 2024

Dream Act of 2023 This bill directs the Department of Homeland Security (DHS) to cancel removal and grant lawful permanent resident status on a conditional basis to certain non-U.S. nationals (aliens under federal law) who initially entered the United States as minors (younger than 18 years of age). Specifically, DHS must do so for such an individual who (1) is inadmissible, is deportable, or has temporary protected status; (2) has been continuously physically present in the United States for four years preceding this bill's enactment; (3) is not inadmissible on various grounds such as those related to crime or security; and (4) has fulfilled specified educational requirements. DHS must also do so for an individual who was granted Deferred Action for Childhood Arrivals (DACA) status unless the individual has engaged in conduct that would make the individual ineligible for DACA. DHS shall remove the conditional basis of the lawful permanent resident status granted under this bill if the individual meets various requirements, such as (1) maintaining residence in the United States, and (2) acquiring a degree from an institution of higher education or serving in the uniformed services. DHS may not disclose or use information provided in applications filed under this bill or in DACA requests for immigration enforcement purposes. The bill also repeals a restriction barring states from providing higher education benefits to undocumented aliens unless those benefits are available to all U.S. citizens.

104 S365 IS: Dream 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. 365 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Durbin Mr. Graham Committee on the Judiciary A BILL To authorize the cancellation of removal and adjustment of status of certain individuals who are long-term United States residents and who entered the United States as children, and for other purposes. 1. Short title This Act may be cited as the Dream Act of 2023 2. Definitions In this Act: (1) In general Except as otherwise specifically provided, any term used in this Act that is used in the immigration laws shall have the meaning given such term in the immigration laws. (2) DACA The term DACA (3) Disability The term disability 42 U.S.C. 12102(1) (4) Early childhood education program The term early childhood education program 20 U.S.C. 1003 (5) Elementary school; high school; secondary school The terms elementary school high school secondary school 20 U.S.C. 7801 (6) Immigration laws The term immigration laws 8 U.S.C. 1101(a)(17) (7) Institution of higher education The term institution of higher education (A) except as provided in subparagraph (B), has the meaning given such term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 (B) does not include an institution of higher education outside of the United States. (8) Permanent resident status on a conditional basis The term permanent resident status on a conditional basis (9) Poverty line The term poverty line 42 U.S.C. 9902 (10) Secretary Except as otherwise specifically provided, the term Secretary (11) Uniformed services The term Uniformed Services uniformed services 3. Permanent resident status on a conditional basis for certain long-term residents who entered the United States as children (a) Conditional basis for status Notwithstanding any other provision of law, an alien shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence under this section, to have obtained such status on a conditional basis subject to the provisions under this Act. (b) Requirements (1) In general Notwithstanding any other provision of law, the Secretary shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who is inadmissible or deportable from the United States or is in temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a (A) the alien has been continuously physically present in the United States since the date that is 4 years before the date of the enactment of this Act; (B) the alien was younger than 18 years of age on the date on which the alien initially entered the United States; (C) subject to paragraphs (2) and (3), the alien— (i) is not inadmissible under paragraph (2), (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) (ii) has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and (iii) has not been convicted of— (I) any offense under Federal or State law, other than a State offense for which an essential element is the alien’s immigration status, that is punishable by a maximum term of imprisonment of more than 1 year; or (II) 3 or more offenses under Federal or State law, other than State offenses for which an essential element is the alien’s immigration status, for which the alien was convicted on different dates for each of the 3 offenses and imprisoned for an aggregate of 90 days or more; and (D) the alien— (i) has been admitted to an institution of higher education; (ii) has earned a high school diploma or a commensurate alternative award from a public or private high school, or has obtained a general education development certificate recognized under State law or a high school equivalency diploma in the United States; or (iii) is enrolled in secondary school or in an education program assisting students in— (I) obtaining a regular high school diploma or its recognized equivalent under State law; or (II) in passing a general educational development exam, a high school equivalence diploma examination, or other similar State-authorized exam. (2) Waiver With respect to any benefit under this Act, the Secretary may waive the grounds of inadmissibility under paragraph (2), (6)(E), (6)(G), or (10)(D) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) (3) Treatment of expunged convictions An expunged conviction shall not automatically be treated as an offense under paragraph (1). The Secretary shall evaluate expunged convictions on a case-by-case basis according to the nature and severity of the offense to determine whether, under the particular circumstances, the Secretary determines that the alien should be eligible for cancellation of removal, adjustment to permanent resident status on a conditional basis, or other adjustment of status. (4) DACA recipients The Secretary shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who was granted DACA unless the alien has engaged in conduct since the alien was granted DACA that would make the alien ineligible for DACA. (5) Application fee (A) In general The Secretary may require an alien applying for permanent resident status on a conditional basis under this section to pay a reasonable fee that is commensurate with the cost of processing the application. (B) Exemption An applicant may be exempted from paying the fee required under subparagraph (A) if the alien— (i) (I) is younger than 18 years of age; (II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; and (III) is in foster care or otherwise lacking any parental or other familial support; (ii) is younger than 18 years of age and is homeless; (iii) (I) cannot care for himself or herself because of a serious, chronic disability; and (II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; or (iv) (I) during the 12-month period immediately preceding the date on which the alien files an application under this section, accumulated $10,000 or more in debt as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and (II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line. (6) Submission of biometric and biographic data The Secretary may not grant an alien permanent resident status on a conditional basis under this section unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment. (7) Background checks (A) Requirement for background checks The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate— (i) to conduct security and law enforcement background checks of an alien seeking permanent resident status on a conditional basis under this section; and (ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such status. (B) Completion of background checks The security and law enforcement background checks of an alien required under subparagraph (A) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary grants such alien permanent resident status on a conditional basis under this section. (8) Medical examination (A) Requirement An alien applying for permanent resident status on a conditional basis under this section shall undergo a medical examination. (B) Policies and procedures The Secretary, with the concurrence of the Secretary of Health and Human Services, shall prescribe policies and procedures for the nature and timing of the examination required under subparagraph (A). (9) Military selective service An alien applying for permanent resident status on a conditional basis under this section shall establish that the alien has registered under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. (c) Determination of continuous presence (1) Termination of continuous period Any period of continuous physical presence in the United States of an alien who applies for permanent resident status on a conditional basis under this section shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act ( 8 U.S.C. 1229(a) (2) Treatment of certain breaks in presence (A) In general Except as provided in subparagraphs (B) and (C), an alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection (b)(1)(A) if the alien has departed from the United States for any period exceeding 90 days or for any periods, in the aggregate, exceeding 180 days. (B) Extensions for extenuating circumstances The Secretary may extend the time periods described in subparagraph (A) for an alien who demonstrates that the failure to timely return to the United States was due to extenuating circumstances beyond the alien’s control, including the serious illness of the alien, or death or serious illness of a parent, grandparent, sibling, or child of the alien. (C) Travel authorized by the secretary Any period of travel outside of the United States by an alien that was authorized by the Secretary may not be counted toward any period of departure from the United States under subparagraph (A). (d) Limitation on removal of certain aliens (1) In general The Secretary or the Attorney General may not remove an alien who appears prima facie eligible for relief under this section. (2) Aliens subject to removal The Secretary shall provide a reasonable opportunity to apply for relief under this section to any alien who requests such an opportunity or who appears prima facie eligible for relief under this section if the alien is in removal proceedings, is the subject of a final removal order, or is the subject of a voluntary departure order. (3) Certain aliens enrolled in elementary or secondary school (A) Stay of removal The Attorney General shall stay the removal proceedings of an alien who— (i) meets all the requirements under subparagraphs (A), (B), and (C) of subsection (b)(1), subject to paragraphs (2) and (3) of such subsection; (ii) is at least 5 years of age; and (iii) is enrolled in an elementary school, a secondary school, or an early childhood education program. (B) Commencement of removal proceedings The Secretary may not commence removal proceedings for an alien described in subparagraph (A). (C) Employment An alien whose removal is stayed pursuant to subparagraph (A) or who may not be placed in removal proceedings pursuant to subparagraph (B) shall, upon application to the Secretary, be granted an employment authorization document. (D) Lift of stay The Secretary or Attorney General may not lift the stay granted to an alien under subparagraph (A) unless the alien ceases to meet the requirements under such subparagraph. (e) Exemption from numerical limitations Nothing in this section or in any other law may be construed to apply a numerical limitation on the number of aliens who may be granted permanent resident status on a conditional basis under this Act. 4. Terms of permanent resident status on a conditional basis (a) Period of status Permanent resident status on a conditional basis is— (1) valid for a period of 8 years, unless such period is extended by the Secretary; and (2) subject to termination under subsection (c). (b) Notice of requirements At the time an alien obtains permanent resident status on a conditional basis, the Secretary shall provide notice to the alien regarding the provisions of this Act and the requirements to have the conditional basis of such status removed. (c) Termination of status The Secretary may terminate the permanent resident status on a conditional basis of an alien only if the Secretary— (1) determines that the alien ceases to meet the requirements under paragraph (1)(C) of section 3(b), subject to paragraphs (2) and (3) of that section; and (2) prior to the termination, provides the alien— (A) notice of the proposed termination; and (B) the opportunity for a hearing to provide evidence that the alien meets such requirements or otherwise contest the termination. (d) Return to previous immigration status (1) In general Except as provided in paragraph (2), an alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is terminated under subsection (c) or whose application for such status is denied shall return to the immigration status that the alien had immediately before receiving permanent resident status on a conditional basis or applying for such status, as appropriate. (2) Special rule for temporary protected status An alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is terminated under subsection (c) or whose application for such status is denied and who had temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a (A) the relevant designation under section 244(b) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(b) (B) the Secretary determines that the reason for terminating the permanent resident status on a conditional basis renders the alien ineligible for such temporary protected status. 5. Removal of conditional basis of permanent resident status (a) Eligibility for removal of conditional basis (1) In general Subject to paragraph (2), the Secretary shall remove the conditional basis of an alien’s permanent resident status granted under this Act and grant the alien status as an alien lawfully admitted for permanent residence if the alien— (A) is described in paragraph (1)(C) of section 3(b), subject to paragraphs (2) and (3) of that section; (B) has not abandoned the alien’s residence in the United States; and (C) (i) has acquired a degree from an institution of higher education or has completed at least 2 years, in good standing, in a program for a bachelor’s degree or higher degree in the United States; (ii) has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge; or (iii) has been employed for periods totaling at least 3 years and at least 75 percent of the time that the alien has had a valid employment authorization, except that any period during which the alien is not employed while having a valid employment authorization and is enrolled in an institution of higher education, a secondary school, or an education program described in section 3(b)(1)(D)(iii), shall not count toward the time requirements under this clause. (2) Hardship exception The Secretary shall remove the conditional basis of an alien’s permanent resident status and grant the alien status as an alien lawfully admitted for permanent residence if the alien— (A) satisfies the requirements under subparagraphs (A) and (B) of paragraph (1); (B) demonstrates compelling circumstances for the inability to satisfy the requirements under subparagraph (C) of such paragraph; and (C) demonstrates that— (i) the alien has a disability; (ii) the alien is a full-time caregiver of a minor child; or (iii) the removal of the alien from the United States would result in extreme hardship to the alien or the alien’s spouse, parent, or child who is a national of the United States or is lawfully admitted for permanent residence. (3) Citizenship requirement (A) In general Except as provided in subparagraph (B), the conditional basis of an alien’s permanent resident status granted under this Act may not be removed unless the alien demonstrates that the alien satisfies the requirements under section 312(a) of the Immigration and Nationality Act ( 8 U.S.C. 1423(a) (B) Exception Subparagraph (A) shall not apply to an alien who is unable to meet the requirements under such section 312(a) due to disability. (4) Application fee (A) In general The Secretary may require aliens applying for lawful permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application. (B) Exemption An applicant may be exempted from paying the fee required under subparagraph (A) if the alien— (i) (I) is younger than 18 years of age; (II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; and (III) is in foster care or otherwise lacking any parental or other familial support; (ii) is younger than 18 years of age and is homeless; (iii) (I) cannot care for himself or herself because of a serious, chronic disability; and (II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; or (iv) (I) during the 12-month period immediately preceding the date on which the alien files an application under this section, the alien accumulated $10,000 or more in debt as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and (II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line. (5) Submission of biometric and biographic data The Secretary may not remove the conditional basis of an alien’s permanent resident status unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for applicants who are unable to provide such biometric data because of a physical impairment. (6) Background checks (A) Requirement for background checks The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate— (i) to conduct security and law enforcement background checks of an alien applying for removal of the conditional basis of the alien’s permanent resident status; and (ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for removal of such conditional basis. (B) Completion of background checks The security and law enforcement background checks of an alien required under subparagraph (A) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary removes the conditional basis of the alien’s permanent resident status. (b) Treatment for purposes of naturalization (1) In general For purposes of title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. (2) Limitation on application for naturalization An alien may not apply for naturalization while the alien is in permanent resident status on a conditional basis. 6. Documentation requirements (a) Documents establishing identity An alien’s application for permanent resident status on a conditional basis may include, as proof of identity— (1) a passport or national identity document from the alien’s country of origin that includes the alien’s name and the alien’s photograph or fingerprint; (2) the alien’s birth certificate and an identity card that includes the alien’s name and photograph; (3) a school identification card that includes the alien’s name and photograph, and school records showing the alien’s name and that the alien is or was enrolled at the school; (4) a Uniformed Services identification card issued by the Department of Defense; (5) any immigration or other document issued by the United States Government bearing the alien’s name and photograph; or (6) a State-issued identification card bearing the alien's name and photograph. (b) Documents establishing continuous physical presence in the United States To establish that an alien has been continuously physically present in the United States, as required under section 3(b)(1)(A), or to establish that an alien has not abandoned residence in the United States, as required under section 5(a)(1)(B), the alien may submit documents to the Secretary, including— (1) employment records that include the employer’s name and contact information; (2) records from any educational institution the alien has attended in the United States; (3) records of service from the Uniformed Services; (4) official records from a religious entity confirming the alien’s participation in a religious ceremony; (5) passport entries; (6) a birth certificate for a child who was born in the United States; (7) automobile license receipts or registration; (8) deeds, mortgages, or rental agreement contracts; (9) tax receipts; (10) insurance policies; (11) remittance records; (12) rent receipts or utility bills bearing the alien’s name or the name of an immediate family member of the alien, and the alien’s address; (13) copies of money order receipts for money sent in or out of the United States; (14) dated bank transactions; or (15) 2 or more sworn affidavits from individuals who are not related to the alien who have direct knowledge of the alien’s continuous physical presence in the United States, that contain— (A) the name, address, and telephone number of the affiant; and (B) the nature and duration of the relationship between the affiant and the alien. (c) Documents establishing initial entry into the United States To establish under section 3(b)(1)(B) that an alien was younger than 18 years of age on the date on which the alien initially entered the United States, an alien may submit documents to the Secretary, including— (1) an admission stamp on the alien’s passport; (2) records from any educational institution the alien has attended in the United States; (3) any document from the Department of Justice or the Department of Homeland Security stating the alien’s date of entry into the United States; (4) hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization; (5) rent receipts or utility bills bearing the alien’s name or the name of an immediate family member of the alien, and the alien’s address; (6) employment records that include the employer’s name and contact information; (7) official records from a religious entity confirming the alien’s participation in a religious ceremony; (8) a birth certificate for a child who was born in the United States; (9) automobile license receipts or registration; (10) deeds, mortgages, or rental agreement contracts; (11) tax receipts; (12) travel records; (13) copies of money order receipts sent in or out of the country; (14) dated bank transactions; (15) remittance records; or (16) insurance policies. (d) Documents establishing admission to an institution of higher education To establish that an alien has been admitted to an institution of higher education, the alien shall submit to the Secretary a document from the institution of higher education certifying that the alien— (1) has been admitted to the institution; or (2) is currently enrolled in the institution as a student. (e) Documents establishing receipt of a degree from an institution of higher education To establish that an alien has acquired a degree from an institution of higher education in the United States, the alien shall submit to the Secretary a diploma or other document from the institution stating that the alien has received such a degree. (f) Documents establishing receipt of high school diploma, general educational development certificate, or a recognized equivalent To establish that an alien has earned a high school diploma or a commensurate alternative award from a public or private high school, or has obtained a general educational development certificate recognized under State law or a high school equivalency diploma in the United States, the alien shall submit to the Secretary— (1) a high school diploma, certificate of completion, or other alternate award; (2) a high school equivalency diploma or certificate recognized under State law; or (3) evidence that the alien passed a State-authorized exam, including the general educational development exam, in the United States. (g) Documents establishing enrollment in an educational program To establish that an alien is enrolled in any school or education program described in section 3(b)(1)(D)(iii), 3(d)(3)(A)(iii), or 5(a)(1)(C), the alien shall submit school records from the United States school that the alien is currently attending that include— (1) the name of the school; and (2) the alien’s name, periods of attendance, and current grade or educational level. (h) Documents establishing exemption from application fees To establish that an alien is exempt from an application fee under section 3(b)(5)(B) or 5(a)(4)(B), the alien shall submit to the Secretary the following relevant documents: (1) Documents to establish age To establish that an alien meets an age requirement, the alien shall provide proof of identity, as described in subsection (a), that establishes that the alien is younger than 18 years of age. (2) Documents to establish income To establish the alien’s income, the alien shall provide— (A) employment records that have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency; (B) bank records; or (C) at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien’s work and income that contain— (i) the name, address, and telephone number of the affiant; and (ii) the nature and duration of the relationship between the affiant and the alien. (3) Documents to establish foster care, lack of familial support, homelessness, or serious, chronic disability To establish that the alien was in foster care, lacks parental or familial support, is homeless, or has a serious, chronic disability, the alien shall provide at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that contain— (A) a statement that the alien is in foster care, otherwise lacks any parental or other familiar support, is homeless, or has a serious, chronic disability, as appropriate; (B) the name, address, and telephone number of the affiant; and (C) the nature and duration of the relationship between the affiant and the alien. (4) Documents to establish unpaid medical expense To establish that the alien has debt as a result of unreimbursed medical expenses, the alien shall provide receipts or other documentation from a medical provider that— (A) bear the provider’s name and address; (B) bear the name of the individual receiving treatment; and (C) document that the alien has accumulated $10,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien. (i) Documents establishing qualification for hardship exemption To establish that an alien satisfies one of the criteria for the hardship exemption set forth in section 5(a)(2)(C), the alien shall submit to the Secretary at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that warrant the exemption, that contain— (1) the name, address, and telephone number of the affiant; and (2) the nature and duration of the relationship between the affiant and the alien. (j) Documents establishing service in the Uniformed Services To establish that an alien has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge, the alien shall submit to the Secretary— (1) a Department of Defense form DD–214; (2) a National Guard Report of Separation and Record of Service form 22; (3) personnel records for such service from the appropriate Uniformed Service; or (4) health records from the appropriate Uniformed Service. (k) Documents establishing employment (1) In general An alien may satisfy the employment requirement under section 5(a)(1)(C)(iii) by submitting records that— (A) establish compliance with such employment requirement; and (B) have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency. (2) Other documents An alien who is unable to submit the records described in paragraph (1) may satisfy the employment requirement by submitting at least 2 types of reliable documents that provide evidence of employment, including— (A) bank records; (B) business records; (C) employer records; (D) records of a labor union, day labor center, or organization that assists workers in employment; (E) sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien’s work, that contain— (i) the name, address, and telephone number of the affiant; and (ii) the nature and duration of the relationship between the affiant and the alien; and (F) remittance records. (l) Authority To prohibit use of certain documents If the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity or that permanent resident status on a conditional basis is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents. 7. Rulemaking (a) Initial publication Not later than 90 days after the date of the enactment of this Act, the Secretary shall publish regulations implementing this Act in the Federal Register. Such regulations shall allow eligible individuals to immediately apply affirmatively for the relief available under section 3 without being placed in removal proceedings. (b) Interim regulations Notwithstanding section 553 of title 5, United States Code, the regulations published pursuant to subsection (a) shall be effective, on an interim basis, immediately upon publication in the Federal Register, but may be subject to change and revision after public notice and opportunity for a period of public comment. (c) Final regulations Not later than 180 days after the date on which interim regulations are published under this section, the Secretary shall publish final regulations implementing this Act. (d) Paperwork Reduction Act The requirements under chapter 35 Paperwork Reduction Act 8. Confidentiality of information (a) In general The Secretary may not disclose or use information provided in applications filed under this Act or in requests for DACA for the purpose of immigration enforcement. (b) Referrals prohibited The Secretary may not refer any individual who has been granted permanent resident status on a conditional basis or who was granted DACA to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any designee of either such entity. (c) Limited exception Notwithstanding subsections (a) and (b), information provided in an application for permanent resident status on a conditional basis or a request for DACA may be shared with Federal security and law enforcement agencies— (1) for assistance in the consideration of an application for permanent resident status on a conditional basis; (2) to identify or prevent fraudulent claims; (3) for national security purposes; or (4) for the investigation or prosecution of any felony not related to immigration status. (d) Penalty Any person who knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000. 9. Restoration of State option to determine residency for purposes of higher education benefits (a) In general Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1623 (b) Effective date The repeal under subsection (a) shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208

Dream Act of 2023

Telemental Health Care Access Act of 2024 This bill eliminates certain restrictions relating to Medicare coverage of mental health services that are provided through telehealth. Current law allows for coverage of such services regardless of the geographic location of the originating site (i.e., the location of the beneficiary), as long as the beneficiary previously received in-person services and continues to receive in-person services at specified intervals (effective January 1, 2025). The bill eliminates these in-person requirements.

116 S3651 IS: Telemental Health Care Access Act of 2024 U.S. Senate 2024-01-24 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 2d Session S. 3651 IN THE SENATE OF THE UNITED STATES January 24, 2024 Mr. Cassidy Ms. Smith Mr. Thune Mr. Cardin Committee on Finance A BILL To amend title XVIII of the Social Security Act to ensure coverage of mental health services furnished through telehealth. 1. Short title This Act may be cited as the Telemental Health Care Access Act of 2024 2. Ensuring coverage for mental health services furnished through telehealth (a) In general Section 1834(m)(7) of the Social Security Act ( 42 U.S.C. 1395m(m)(7) (1) in subparagraph (A), by striking subject to subparagraph (B), (2) by striking (A) In general The geographic (3) by striking subparagraph (B). (b) Effective date The amendments made by subsection (a) shall take effect as if included in the enactment of section 123 of division CC of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 3. Study and report on utilization of mental health services furnished through telehealth Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the utilization of mental health services furnished through telehealth under section 1834(m)(7) of such Act ( 42 U.S.C. 1395m(m)(7) (1) fraud or abuse prevention with respect to such services; and (2) additional funding that the Office of Inspector General of the Department of Health and Human Services may require for purposes of conducting audits, investigations, and other oversight and enforcement activities with respect to the furnishing of such services.

Telemental Health Care Access Act of 2024

Child and Dependent Care Tax Credit Enhancement Act of 2024 This bill modifies the tax credit for employment-related expenses incurred for the care of a taxpayer's dependent to (1) increase to $400,000, the adjusted gross income threshold level above which the credit is incrementally reduced; (2) increase the dollar limits on the allowable amount of the credit; (3) specify rules for married couples filing separate returns; (4) allow an inflation adjustment to the adjusted gross income threshold and the maximum credit amounts, beginning after 2024; and (5) make the credit refundable for taxpayers who have a principal residence for more than half of the taxable year.

118 S3657 IS: Child and Dependent Care Tax Credit Enhancement Act of 2024 U.S. Senate 2024-01-24 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 2d Session S. 3657 IN THE SENATE OF THE UNITED STATES January 24, 2024 Mr. Casey Mr. Wyden Mrs. Murray Ms. Baldwin Mr. Bennet Mr. Blumenthal Mr. Booker Mr. Brown Mr. Cardin Ms. Cantwell Ms. Cortez Masto Ms. Duckworth Mr. Durbin Mrs. Gillibrand Mr. Heinrich Ms. Hirono Mr. King Ms. Klobuchar Mr. Menendez Mr. Merkley Mr. Murphy Mr. Padilla Mr. Reed Mr. Schatz Mrs. Shaheen Ms. Smith Ms. Stabenow Mr. Van Hollen Mr. Warnock Mr. Welch Mr. Whitehouse Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to enhance the Child and Dependent Care Tax Credit and make the credit fully refundable for certain taxpayers. 1. Short title This Act may be cited as the Child and Dependent Care Tax Credit Enhancement Act of 2024 2. Enhancement of Child and Dependent Care Tax Credit (a) In general Paragraph (2) of section 21(a) (2) Applicable percentage (A) In general For purposes of paragraph (1), the term applicable percentage (B) Phaseout percentage For purposes of subparagraph (A), the term phaseout percentage . (b) Increase in dollar limit on amount creditable Subsection (c) of section 21 (1) in paragraph (1), by striking $3,000 $8,000 (2) in paragraph (2), by striking $6,000 $16,000 (c) Special rule for married couples filing separate returns Paragraph (2) of section 21(e) (2) Married couples filing separate returns (A) In general In the case of married individuals who do not file a joint return for the taxable year— (i) the applicable percentage under subsection (a)(2) and the number of qualifying individuals and aggregate amount excludable under section 129 for purposes of subsection (c) shall be determined with respect to each such individual as if the individual had filed a joint return with the individual's spouse, and (ii) the aggregate amount of the credits allowed under this section for such taxable year with respect to both spouses shall not exceed the amount which would have been allowed under this section if the individuals had filed a joint return. (B) Regulations The Secretary shall prescribe such regulations or other guidance as is necessary to carry out the purposes of this subsection. . (d) Adjustment for inflation Section 21 (i) Inflation adjustment (1) In general In the case of a calendar year beginning after 2024, the $125,000 amount in paragraph (2) of subsection (a) and the dollar amounts in subsection (c) 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 in which the taxable year begins, determined by substituting calendar year 2023 calendar year 2016 (2) Rounding If any dollar amount, after being increased under paragraph (1), is not a multiple of $100, such dollar amount shall be rounded to the next lowest multiple of $100. . (e) Credit made refundable Section 21(g) (g) Credit made refundable for certain individuals If the taxpayer (in the case of a joint return, either spouse) has a principal place of abode in the United States (determined as provided in section 32) for more than one-half of the taxable year, the credit allowed under subsection (a) shall be treated as a credit allowed under subpart C (and not allowed under this subpart). . (f) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2023.

Child and Dependent Care Tax Credit Enhancement Act of 2024

Democracy in Design Act This bill requires the General Services Administration (GSA) to ensure that the design of federal public buildings (e.g., agency office buildings) adheres to the principles of the report titled Guiding Principles for Federal Architecture. The report was published by the Ad Hoc Committee on Federal Office Space on June 1, 1962, and serves as the policy directive for the GSA's Design Excellence Program within its Public Buildings Service. Among other principles, the report prescribes against the development of an official architectural style for government buildings and encourages the government to avoid excessive uniformity in building design. The GSA must issue regulations to implement the amendment made by this bill and to establish minimum standards for the design of public buildings.

118 S366 IS: Democracy in Design 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. 366 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Van Hollen Mr. Luján Committee on Environment and Public Works A BILL To direct the Administrator of General Services to ensure that the design of public buildings in the United States adheres to the guiding principles for Federal architecture, and for other purposes. 1. Short title This Act may be cited as the Democracy in Design Act 2. Continuing investigation and survey of public buildings (a) In general Section 3303 of title 40, United States Code, is amended— (1) in subsection (a), in the matter preceding paragraph (1), by inserting (referred to in this section as the Administrator Services (2) by adding at the end the following: (e) Guiding principles for Federal architecture The Administrator shall ensure that the design of public buildings in the United States adheres to the principles described in the report published by the Ad Hoc Committee on Federal Office Space entitled Guiding Principles for Federal Architecture . (b) Rulemaking (1) In general Not later than 180 days after the date of enactment of this Act, the Administrator of General Services shall promulgate such regulations as are necessary— (A) to implement the amendment made by subsection (a)(2); and (B) to establish minimum standards by which the Administrator of General Services shall design public buildings in the United States. (2) Notice and comment The regulations required under paragraph (1) shall be issued after notice and an opportunity for public comment in accordance with the procedure applicable to substantive rules under section 553 of title 5, United States Code.

Democracy in Design Act

Paid Family and Medical Leave Tax Credit Extension and Enhancement Act This bill modifies the employer tax credit for paid family and medical leave. Specifically, the bill (1) makes such credit permanent, (2) allows the credit in states or localities that either mandate or do not mandate paid family and medical leave, (3) allows employers to claim the credit for a portion of their paid family leave insurance premiums, (4) reduces the minimum employment period eligibility requirement, and (5) requires the Small Business Administration and the Internal Revenue Service to conduct targeted outreach to employers and other relevant parties regarding the availability and requirements of the credit.

118 S3680 IS: Paid Family and Medical Leave Tax Credit Extension and Enhancement Act U.S. Senate 2024-01-30 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 2d Session S. 3680 IN THE SENATE OF THE UNITED STATES January 30, 2024 Mrs. Fischer Mr. King Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to enhance the paid family and medical leave credit, and for other purposes. 1. Short title This Act may be cited as the Paid Family and Medical Leave Tax Credit Extension and Enhancement Act 2. Enhancement of paid family and medical leave credit (a) In general Section 45S (1) in subsection (a)— (A) by striking paragraph (1) and inserting the following: (1) In general For purposes of section 38, in the case of an eligible employer, the paid family and medical leave credit is an amount equal to either of the following (as elected by such employer): (A) The applicable percentage of the amount of wages paid to qualifying employees with respect to any period in which such employees are on family and medical leave. (B) If such employer has an insurance policy with regards to the provision of paid family and medical leave which is in force during the taxable year, the applicable percentage of the total amount of premiums paid or incurred by such employer during such taxable year with respect to such insurance policy. , and (B) by adding at the end the following: (3) Rate of payment determined without regard to whether leave is taken For purposes of determining the applicable percentage with respect to paragraph (1)(B), the rate of payment under the insurance policy shall be determined without regard to whether any qualifying employees were on family and medical leave during the taxable year. , (2) in subsection (b)(1), by striking credit allowed wages taken into account (3) in subsection (c), by striking paragraphs (3) and (4) and inserting the following: (3) Aggregation rule (A) In general Except as provided in subparagraph (B), all persons which are treated as a single employer under subsections (b) and (c) of section 414 shall be treated as a single employer. (B) Exception (i) In general Subparagraph (A) shall not apply to any person who establishes to the satisfaction of the Secretary that such person has a substantial and legitimate business reason for failing to provide a written policy described in paragraph (1) or (2). (ii) Substantial and legitimate business reason For purposes of clause (i), the term substantial and legitimate business reason (4) Treatment of benefits mandated or paid for by State or local governments For purposes of this section, any leave which is paid by a State or local government or required by State or local law— (A) except as provided in subparagraph (B), shall be taken into account in determining the amount of paid family and medical leave provided by the employer, and (B) shall not be taken into account in determining the amount of the paid family and medical leave credit under subsection (a). , (4) in subsection (d)— (A) in paragraph (1), by inserting (or, at the election of the employer, for not less than 6 months) 1 year or more (B) in paragraph (2)— (i) by inserting , as determined on an annualized basis (pro-rata for part-time employees), compensation (ii) by striking the period at the end and inserting , and (C) by adding at the end the following: (3) is customarily employed for not less than 20 hours per week. , and (5) by striking subsection (i). (b) No double benefit Section 280C(a) (1) by striking 45S(a) 45S(a)(1)(A) (2) by inserting after the first sentence the following: No deduction shall be allowed for that portion of the premiums paid or incurred for the taxable year which is equal to that portion of the paid family and medical leave credit which is determined for the taxable year under section 45S(a)(1)(B). (c) Outreach (1) SBA and resource partners Each district office of the Small Business Administration and each resource partner of the Small Business Administration, including small business development centers described in section 21 of the Small Business Act ( 15 U.S.C. 648 15 U.S.C. 656 15 U.S.C. 637(b)(1)(B) 15 U.S.C. 657b section 45S (A) targeted communications, education, training, and technical assistance; and (B) the development of a written paid family leave policy, as described in paragraphs (1) and (2) of section 45S(c) (2) Internal Revenue Service The Secretary of the Treasury (or the Secretary's delegate) shall perform targeted outreach to employers and other relevant entities regarding the availability and requirements of the paid family and medical leave credit under section 45S (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act.

Paid Family and Medical Leave Tax Credit Extension and Enhancement Act

Protecting Military Installations and Ranges Act of 2023 This bill places restrictions on the purchase of certain property by a foreign person who is owned or controlled by, is acting for or on behalf of, or receives subsidies from Russia, China, Iran, or North Korea. Specifically, the Committee on Foreign Investment in the United States must review a purchase or lease by, or a concession to, any such foreign person of private or public real estate in the United States that is within (1) 100 miles of a military installation; or (2) 50 miles of a military training route, special use airspace, a controlled firing area, or a military operations area. Further, the Department of Defense and the Department of Transportation may not issue final determinations regarding specified projects (e.g., energy projects) that involve a transaction under review by the committee until the committee concludes its action.

118 S369 IS: Protecting Military Installations and Ranges 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. 369 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Cruz Mr. Schmitt Mr. Braun Mr. Rubio Mr. Tuberville Mr. Daines Committee on Banking, Housing, and Urban Affairs A BILL To require the Committee on Foreign Investment in the United States to review any purchase or lease of real estate near a military installation or military airspace in the United States by a foreign person connected to or subsidized by the Russian Federation, the People's Republic of China, the Islamic Republic of Iran, or the Democratic People's Republic of Korea, and for other purposes. 1. Short title This Act may be cited as the Protecting Military Installations and Ranges Act of 2023 2. Review by Committee on Foreign Investment in the United States of real estate purchases or leases near military installations or military airspace (a) Inclusion in definition of covered transaction Section 721(a)(4) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a)(4) (1) in subparagraph (A)— (A) in clause (i), by striking ; and (B) in clause (ii), by striking the period at the end and inserting ; and (C) by adding at the end the following: (iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the Protecting Military Installations and Ranges Act of 2023 ; and (2) in subparagraph (B), by adding at the end the following: (vi) Notwithstanding clause (ii) or subparagraph (C), the purchase or lease by, or a concession to, a foreign person of private or public real estate— (I) that is located in the United States and within— (aa) 100 miles of a military installation (as defined in section 2801(c)(4) of title 10, United States Code); or (bb) 50 miles of— (AA) a military training route (as defined in section 183a(h) of title 10, United States Code); (BB) airspace designated as special use airspace under part 73 of title 14, Code of Federal Regulations (or a successor regulation), and managed by the Department of Defense; (CC) a controlled firing area (as defined in section 1.1 of title 14, Code of Federal Regulations (or a successor regulation)) used by the Department of Defense; or (DD) a military operations area (as defined in section 1.1 of title 14, Code of Federal Regulations (or a successor regulation)); and (II) if the foreign person is owned or controlled by, is acting for or on behalf of, or receives subsidies from— (aa) the Government of the Russian Federation; (bb) the Government of the People's Republic of China; (cc) the Government of the Islamic Republic of Iran; or (dd) the Government of the Democratic People's Republic of Korea. . (b) Mandatory unilateral initiation of reviews Section 721(b)(1)(D) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(b)(1)(D) (1) in clause (iii), by redesignating subclauses (I), (II), and (III) as items (aa), (bb), and (cc), respectively, and by moving such items, as so redesignated, 2 ems to the right; (2) by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively, and by moving such subclauses, as so redesignated, 2 ems to the right; (3) by striking Subject to (i) In general Subject to ; and (4) by adding at the end the following: (ii) Mandatory unilateral initiation of certain transactions The Committee shall initiate a review under subparagraph (A) of a covered transaction described in subsection (a)(4)(B)(vi). . (c) Certifications to Congress Section 721(b)(3)(C)(iii) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(b)(3)(C)(iii) (1) in subclause (IV), by striking ; and (2) in subclause (V), by striking the period at the end and inserting ; and (3) by adding at the end the following: (VI) with respect to covered transactions described in subsection (a)(4)(B)(vi), to the members of the Senate from the State in which the military installation, military training route, special use airspace, controlled firing area, or military operations area is located, and the member from the Congressional District in which such installation, route, airspace, or area is located. . 3. Limitation on approval of energy projects related to reviews conducted by Committee on Foreign Investment in the United States (a) Review by Secretary of Defense Section 183a of title 10, United States Code, is amended— (1) by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), respectively; and (2) by inserting after subsection (e) the following new subsection (f): (f) Special rule relating To review by Committee on Foreign Investment of the United States (1) If, during the period during which the Department of Defense is reviewing an application for an energy project filed with the Secretary of Transportation under section 44718 of title 49, the purchase, lease, or concession of real property on which the project is planned to be located is under review or investigation by the Committee on Foreign Investment in the United States under section 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 (A) may not complete review of the project until the Committee concludes action under such section 721 with respect to the purchase, lease, or concession; and (B) shall notify the Secretary of Transportation of the delay. (2) If the Committee on Foreign Investment in the United States determines that the purchase, lease, or concession of real property on which an energy project described in paragraph (1) is planned to be located threatens to impair the national security of the United States and refers the purchase, lease, or concession to the President for further action under section 721(d) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(d) (A) find under subsection (e)(1) that the project would result in an unacceptable risk to the national security of the United States; and (B) transmit that finding to the Secretary of Transportation for inclusion in the report required under section 44718(b)(2) of title 49. . (b) Review by Secretary of Transportation Section 44718 of title 49, United States Code, is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection: (h) Special rule relating To review by Committee on Foreign Investment of the United States The Secretary of Transportation may not issue a determination pursuant to this section with respect to a proposed structure to be located on real property the purchase, lease, or concession of which is under review or investigation by the Committee on Foreign Investment in the United States under section 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 (1) the Committee concludes action under such section 721 with respect to the purchase, lease, or concession; and (2) the Secretary of Defense— (A) issues a finding under section 183a(e) of title 10; or (B) advises the Secretary of Transportation that no finding under section 183a(e) of title 10 will be forthcoming. .

Protecting Military Installations and Ranges Act of 2023

Space National Guard Establishment Act of 2024 This bill establishes a Space National Guard as the reserve component of the U.S. Space Force.

118 S3697 IS: Space National Guard Establishment Act of 2024 U.S. Senate 2024-01-31 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 2d Session S. 3697 IN THE SENATE OF THE UNITED STATES January 31, 2024 Mr. Rubio Ms. Butler Mr. Hickenlooper Mr. Risch Mrs. Blackburn Mr. Crapo Mr. Scott of Florida Mr. Bennet Ms. Sinema Mr. Padilla Mr. Vance Mr. Hagerty Mr. Braun Ms. Murkowski Committee on Armed Services A BILL To establish the Space National Guard. 1. Short title This Act may be cited as the Space National Guard Establishment Act of 2024 2. Establishment of Space National Guard (a) Establishment (1) In general There is established a Space National Guard that is part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia— (A) in which the Space Force operates; and (B) active and inactive. (2) Reserve component There is established a Space National Guard of the United States that is the reserve component of the United States Space Force all of whose members are members of the Space National Guard. (b) Composition The Space National Guard shall be composed of the Space National Guard forces of the several States and Territories, Puerto Rico, and the District of Columbia— (1) in which the Space Force operates; and (2) active and inactive. 3. No effect on military installations Nothing in this Act, or the amendments made by this Act, shall be construed to authorize or require the relocation of any facility, infrastructure, or military installation of the Space National Guard or Air National Guard. 4. Implementation of Space National Guard (a) Requirement Except as specifically provided by this Act, the Secretary of the Air Force and the Chief of the National Guard Bureau shall implement this Act, and the amendments made by this Act, not later than one year after the date of the enactment of this Act. (b) Briefing required (1) In general Not later than 90 days after the date of the enactment of this Act, and annually for the five subsequent years, the Secretary of the Air Force, the Chief of the Space Force, and the Chief of the National Guard Bureau shall jointly provide to the congressional defense committees a briefing on the status of the implementation of the Space National Guard pursuant to this Act and the amendments made by this Act. (2) Elements The briefing required by paragraph (1) shall address— (A) the current missions, operations and activities, personnel requirements and status, and budget and funding requirements and status of the Space National Guard; and (B) such other matters with respect to the implementation and operation of the Space National Guard as the Secretary and the Chiefs jointly determine appropriate to keep Congress fully and currently informed on the status of the implementation of the Space National Guard. 5. Conforming amendments and clarification of authorities (a) Definitions (1) Title 10, United States Code Title 10, United States Code, is amended— (A) in section 101— (i) in subsection (c)— (I) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively; and (II) by inserting after paragraph (5) the following new paragraphs: (6) The term Space National Guard (A) is a space force; (B) is trained, and has its officers appointed under the sixteenth clause of section 8, article I of the Constitution; (C) is organized, armed, and equipped wholly or partly at Federal expense; and (D) is federally recognized. (7) The term Space National Guard of the United States ; and (B) in section 10101— (i) in the matter preceding paragraph (1), by inserting the following (ii) by adding at the end the following new paragraph: (8) The Space National Guard of the United States. . (2) Title 32, United States Code Section 101 of title 32, United States Code is amended— (A) by redesignating paragraphs (8) through (19) as paragraphs (10) through (21), respectively; and (B) by inserting after paragraph (7) the following new paragraphs: (8) The term Space National Guard (A) is a space force; (B) is trained, and has its officers appointed under the sixteenth clause of section 8, article I of the Constitution; (C) is organized, armed, and equipped wholly or partly at Federal expense; and (D) is federally recognized. (9) The term Space National Guard of the United States . (b) Reserve components Chapter 1003 (1) by adding at the end the following new sections: 10115. Space National Guard of the United States: composition The Space National Guard of the United States is the reserve component of the Space Force that consists of— (1) federally recognized units and organizations of the Space National Guard; and (2) members of the Space National Guard who are also Reserves of the Space Force. 10116. Space National Guard: when a component of the Space Force The Space National Guard while in the service of the United States is a component of the Space Force. 10117. Space National Guard of the United States: status when not in Federal service When not on active duty, members of the Space National Guard of the United States shall be administered, armed, equipped, and trained in their status as members of the Space National Guard. ; and (2) in the table of sections at the beginning of such chapter, by adding at the end the following new items: 10115. Space National Guard of the United States: composition. 10116. Space National Guard: when a component of the Space Force. 10117. Space National Guard of the United States: status when not in Federal service. .

Space National Guard Establishment Act of 2024

Witness Security and Protection Grant Program Act of 2023 This bill directs the Department of Justice to award competitive matching grants to state, local, and tribal governments to establish or maintain witness protection programs in cases involving (1) a homicide, serious violent felony, or serious drug offense; or (2) gangs or organized crime.

118 S37 IS: Witness Security and Protection Grant Program 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. 37 IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Cardin Committee on the Judiciary A BILL To require the Attorney General to make competitive grants to State, tribal, and local governments to establish and maintain witness protection and assistance programs. 1. Short title This Act may be cited as the Witness Security and Protection Grant Program Act of 2023 2. Witness Protection Grant Program (a) Definitions In this section— (1) the term applicant (2) the terms serious drug offense serious violent felony (b) Grants required Subject to subsection (j), the Attorney General shall make competitive grants to State, tribal, and local governments to establish or maintain programs that provide protection or assistance to witnesses in court proceedings involving— (1) a homicide, serious violent felony, or serious drug offense; or (2) gangs or organized crime. (c) Criteria In making grants under this section, the Attorney General shall evaluate applicants based upon the following: (1) The extent to which the applicant lacks infrastructure to support programs that provide protection or assistance to witnesses. (2) The prevalence of witness intimidation in the jurisdiction of the applicant. (3) The percentage of cases not prosecuted by the applicant due to witness intimidation. (4) The number of homicides per capita committed in the jurisdiction of the applicant. (5) The number of serious violent felonies or serious drug offenses per capita committed in the jurisdiction of the applicant. (6) The extent to which organized crime is present in the jurisdiction of the applicant. (7) Any other criteria that the Attorney General determines appropriate. (d) Technical assistance From amounts made available under subsection (j) to carry out this section, the Attorney General, upon request of a recipient of a grant under this section, shall direct the appropriate offices within the Department of Justice to provide technical assistance to the recipient to the extent the Attorney General determines technical assistance is needed to establish or maintain a program that provides protection or assistance to witnesses. (e) Best practices (1) Report A recipient of a grant under this section shall submit to the Attorney General a report, in such form and manner and containing such information as specified by the Attorney General, that evaluates each program established or maintained pursuant to the grant, including policies and procedures under the program. (2) Development of best practices Based on the reports submitted under paragraph (1), the Attorney General shall develop best practice models to assist State, tribal, and local governments in addressing— (A) witness safety; (B) short-term and permanent witness relocation; (C) financial and housing assistance; and (D) any other services related to witness protection or assistance that the Attorney General determines necessary. (3) Dissemination to States Not later than 1 year after developing best practice models under paragraph (2), the Attorney General shall disseminate the models to State, tribal, and local governments. (4) Sense of Congress It is the sense of Congress that State, tribal, and local governments should use the best practice models developed and disseminated under this subsection to evaluate, improve, and develop witness protection or witness assistance programs as appropriate. (5) Rule of construction relating to sensitive information Nothing in this section shall be construed to require the dissemination of any information that the Attorney General determines— (A) is law enforcement sensitive and should only be disclosed within the law enforcement community; or (B) poses a threat to national security. (f) Federal share (1) In general The Federal share of the cost of a program carried out using a grant made under this section shall be not more than 75 percent. (2) In-kind contributions (A) In general Subject to subparagraph (B), the non-Federal share for a program carried out using a grant made under this section may be in the form of in-kind contributions that are directly related to the purpose for which the grant was made. (B) Maximum percentage Not more than 50 percent of the non-Federal share for a program carried out using a grant made under this section may be in the form of in-kind contributions. (g) Administrative costs Of amounts made available to carry out this section for a fiscal year, the Attorney General may use not more than 5 percent for administrative costs. (h) Geographic distribution In making grants under this section, the Attorney General shall— (1) to the extent reasonable and practical, ensure an equitable geographical distribution throughout the United States of programs that provide protection or assistance to witnesses; and (2) give due consideration to applicants from both urban and rural areas. (i) Report to Congress The Attorney General shall submit a report to Congress— (1) not later than 1 year after the date of enactment of this Act, on the implementation of this section, including any information on programs funded by grants made under this section; and (2) not later than 5 years after the date of enactment of this Act, on the programs funded by grants made under this section, including on best practice models developed under subsection (e)(2). (j) Authorization of appropriations There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2023 through 2027.

Witness Security and Protection Grant Program Act of 2023

Credit for Caring Act of 2024 This bill allows an eligible caregiver a tax credit of up to $5,000 for 30% of the cost of long-term care expenses that exceed $2,000 in a taxable year. The bill defines eligible caregiver as an individual who has earned income for the taxable year in excess of $7,500 and pays or incurs expenses for providing care to a spouse or other dependent relative with long-term care needs.

118 S3702 IS: Credit for Caring Act of 2024 U.S. Senate 2024-01-31 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 2d Session S. 3702 IN THE SENATE OF THE UNITED STATES January 31, 2024 Mr. Bennet Mrs. Capito Ms. Warren Ms. Collins Ms. Hassan Ms. Murkowski Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a nonrefundable credit for working family caregivers. 1. Short title This Act may be cited as the Credit for Caring Act of 2024 2. Credit for working family caregivers (a) In general Subpart A of part IV of subchapter A of chapter 1 25F. Working family caregivers (a) Allowance of credit In the case of an eligible caregiver, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 30 percent of the qualified expenses paid by the taxpayer during the taxable year to the extent that such expenses exceed $2,000. (b) Limitation (1) In general The amount allowed as a credit under subsection (a) for the taxable year shall not exceed $5,000. (2) Adjustment for inflation In the case of any taxable year beginning after 2024, the dollar amount contained in paragraph (1) shall be increased by an amount equal to the product of— (A) such dollar amount, and (B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting 2023 1996 If any increase determined under the preceding sentence is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. (c) Eligible caregiver For purposes of this section, the term eligible caregiver (1) during the taxable year pays or incurs qualified expenses in connection with providing care for a qualified care recipient, and (2) has earned income (as defined in section 32(c)(2)) for the taxable year in excess of $7,500. (d) Qualified care recipient For purposes of this section— (1) In general The term qualified care recipient (A) is the spouse of the eligible caregiver, or any other person who bears a relationship to the eligible caregiver described in any of subparagraphs (A) through (H) of section 152(d)(2), and (B) has been certified, before the due date for filing the return of tax for the taxable year, by a licensed health care practitioner (as defined in section 7702B(c)(4)) as being an individual with long-term care needs described in paragraph (3) for a period— (i) which is at least 180 consecutive days, and (ii) a portion of which occurs within the taxable year. (2) Period for making certification Notwithstanding paragraph (1)(B), a certification shall not be treated as valid unless it is made within the 39 1/2 (3) Individuals with long-term care needs An individual is described in this paragraph if the individual meets any of the following requirements: (A) The individual is at least 6 years of age and— (i) is unable to perform (without substantial assistance from another individual) at least 2 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or (ii) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform, without reminding or cuing assistance, at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. (B) The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility. (C) The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual’s condition to be available if the individual’s parents or guardians are absent. (e) Qualified expenses For purposes of this section— (1) In general Subject to paragraph (4), the term qualified expenses (A) assist a qualified care recipient with accomplishing activities of daily living (as defined in section 7702B(c)(2)(B)) and instrumental activities of daily living (as defined in section 1915(k)(6)(F) of the Social Security Act ( 42 U.S.C. 1396n(k)(6)(F) (B) are provided solely for use by such qualified care recipient. (2) Adjustment for other tax benefits The amount of qualified expenses otherwise taken into account under paragraph (1) with respect to an individual shall be reduced by the sum of any amounts paid for the benefit of such individual for the taxable year which are— (A) taken into account under section 21 or 213, or (B) excluded from gross income under section 129, 223(f), or 529A(c)(1)(B). (3) Goods, services, and supports For purposes of paragraph (1), goods, services, and supports (as defined by the Secretary) shall include— (A) human assistance, supervision, cuing and standby assistance, (B) assistive technologies and devices (including remote health monitoring), (C) environmental modifications (including home modifications), (D) health maintenance tasks (such as medication management), (E) information, (F) transportation of the qualified care recipient, (G) nonhealth items (such as incontinence supplies), and (H) coordination of and services for people who live in their own home, a residential setting, or a nursing facility, as well as the cost of care in these or other locations. (4) Qualified expenses for eligible caregivers For purposes of paragraph (1), the following shall be treated as qualified expenses if paid or incurred by an eligible caregiver: (A) Expenditures for respite care for a qualified care recipient. (B) Expenditures for counseling, support groups, or training relating to caring for a qualified care recipient. (C) Lost wages for unpaid time off due to caring for a qualified care recipient as verified by an employer. (D) Travel costs of the eligible caregiver related to caring for a qualified care recipient. (E) Expenditures for technologies, as determined by the Secretary, that assist an eligible caregiver in providing care for a qualified care recipient. (5) Human assistance The term human assistance (6) Documentation An expense shall not be taken into account under this section unless the eligible caregiver substantiates such expense under such regulations or guidance as the Secretary shall provide. (7) Mileage rate For purposes of this section, the mileage rate for the use of a passenger automobile shall be the standard mileage rate used to calculate the deductible costs of operating an automobile for medical purposes. Such rate may be used in lieu of actual automobile-related travel expenses. (8) Coordination with ABLE Accounts Qualified expenses for a taxable year shall not include contributions to an ABLE account (as defined in section 529A). (f) Phase Out Based on Adjusted Gross Income For purposes of this section— (1) In general The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $100 for each $1,000 (or fraction thereof) by which the taxpayer’s modified adjusted gross income exceeds the threshold amount. (2) Modified adjusted gross income The term modified adjusted gross income (3) Threshold amount The term threshold amount (A) $150,000 in the case of a joint return, and (B) $75,000 in any other case. (4) Indexing In the case of any taxable year beginning in a calendar year after 2024, each dollar amount contained in paragraph (3) shall be increased by an amount equal to the product of— (A) such dollar amount, and (B) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting calendar year 2023 calendar year 2016 (5) Rounding rule If any increase determined under paragraph (4) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. (g) Identification of Eligible Caregiver with Care Recipient (Qualified care recipient) Identification Requirement No credit shall be allowed under this section to a taxpayer with respect to any qualified care recipient unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the licensed health care practitioner certifying such individual, on the return of tax for the taxable year. . (b) 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. Working family caregivers. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2023.

Credit for Caring Act of 2024

Coffee Plant Health Initiative Amendments Act of 2023 This bill expands the research and extension grant program for the coffee plant health initiative. Under current law, the Department of Agriculture (USDA) may provide competitive grants under the initiative to support research and extension activities to combat the insect known as the coffee berry borer (Hypothenemus hampei). Specifically, the bill authorizes USDA to provide competitive grants for developing and disseminating science-based tools and treatments to combat plant pests and noxious weeds that impact coffee plants; establishing an area-wide integrated pest management program in areas affected by, or at risk of being affected by, plant pests or noxious weeds that impact coffee plants; surveying and collecting data on coffee plant production and health; investigating coffee plant biology, immunology, ecology, genomics, and bioinformatics; and conducting research on various factors that may contribute to or be associated with coffee plant immune systems and other serious threats to coffee plants.

118 S371 IS: Coffee Plant Health Initiative Amendments 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. 371 IN THE SENATE OF THE UNITED STATES February 9, 2023 Ms. Hirono Mr. Schatz Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to provide research and extension grants to combat plant pests and noxious weeds that impact coffee plants, and for other purposes. 1. Short title This Act may be cited as the Coffee Plant Health Initiative Amendments Act of 2023 2. Coffee plant health initiative (a) In general Section 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925(d) (9) Coffee plant health initiative (A) In general Research and extension grants may be made under this section for the purposes of— (i) developing and disseminating science-based tools and treatments to combat plant pests and noxious weeds that impact coffee plants; (ii) establishing an areawide integrated pest management program in areas affected by, or areas at risk of being affected by, plant pests or noxious weeds that impact coffee plants; (iii) surveying and collecting data on coffee plant production and health; (iv) investigating coffee plant biology, immunology, ecology, genomics, and bioinformatics; and (v) conducting research on— (I) factors that may contribute to or be associated with coffee plant immune systems; (II) other serious threats to coffee plants, including the sublethal effects of insecticides, herbicides, and fungicides on insects and plants beneficial to coffee plant growth; and (III) the development of mitigating and preventative measures to improve habitat conservation and best management practices in coffee-growing regions. (B) Definition of noxious weed; plant pest In this paragraph, the terms noxious weed plant pest 7 U.S.C. 7702 . (b) Authorization of appropriations Section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925(h) 2023 2035

Coffee Plant Health Initiative Amendments Act of 2023

Words Matter Act of 2024 This bill removes outdated terminology in specified statutes by replacing references to mentally retarded and mental retardation with intellectual disability.

118 S3726 IS: Words Matter Act of 2024 U.S. Senate 2024-02-01 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 2d Session S. 3726 IN THE SENATE OF THE UNITED STATES February 1, 2024 Mr. Casey Mr. Moran Committee on the Judiciary A BILL To amend Federal law to remove the terms mentally retarded mental retardation 1. Short title This Act may be cited as the Words Matter Act of 2024 2. Removal of mentally retarded mental retardation (a) Contracts for medical care for spouses and children Section 1079(d)(3)(B) of title 10, United States Code, is amended by striking is moderately or severely mentally retarded, has a serious physical disability, or has has a moderate to severe intellectual disability, a serious physical disability, or (b) Mortgage insurance for nursing homes, intermediate care facilities, and board and care homes Section 232(d)(4)(A) of the National Housing Act ( 12 U.S.C. 1715w(d)(4)(A) the mentally retarded or developmentally disabled individuals with intellectual or developmental disabilities (c) Implementation of a sentence of death Section 3596(c) of title 18, United States Code, is amended by striking is mentally retarded has an intellectual disability (d) Definition of fetal alcohol syndrome Section 4(9)(A) of the Indian Health Care Improvement Act ( 25 U.S.C. 1603(9)(A) mental retardation an intellectual disability (e) General programs definitions Section 701 of the Indian Health Care Improvement Act ( 25 U.S.C. 1665 (1) in paragraph (1), in the first sentence, by striking mental retardation an intellectual disability (2) in paragraph (6)(A), by striking mental retardation an intellectual disability (f) Grant authority Section 2201 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10471 (1) in paragraph (1), by striking mental retardation intellectual disabilities (2) in paragraph (2)— (A) in subparagraph (A), by striking a mentally ill or mentally retarded offender an offender who has a mental illness or intellectual disability (B) in subparagraph (C), by striking of a mentally ill or mentally retarded defendant’s cases cases of a defendant who has a mental illness or intellectual disability (g) Mental health courts definitions Section 2202(2) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10472(2) mental retardation intellectual disability (h) Donation of personal property through state agencies Section 549(c)(3)(B)(iv) of title 40, United States Code, is amended by striking the mentally retarded or physically handicapped individuals with intellectual or physical disabilities (i) Training opportunities for direct care workers Section 747A(a) of the Public Health Service Act ( 42 U.S.C. 293k–1(a) mental retardation intellectual disabilities (j) Criminal penalties for acts involving Federal health care programs Section 1128B of the Social Security Act ( 42 U.S.C. 1320a–7b the mentally retarded individuals with intellectual disabilities (k) Long-Term care facility or provider Section 6201(a)(6)(E)(ix) of the Patient Protection and Affordable Care Act (42 U.S.C. 1320a–7l(a)(6)(E)(ix)) is amended by striking the mentally retarded individuals with intellectual disabilities (l) Grants for planning comprehensive action To respond to the needs of individuals with intellectual disabilities Title XVII of the Social Security ( 42 U.S.C. 1391 et seq. (1) in the title heading by striking combat mental retardation meet the needs of individuals with intellectual disabilities (2) in section 1701, by striking combat mental retardation meet the needs of individuals with intellectual disabilities (3) in section 1702— (A) by striking needed to combat mental retardation needed to meet the needs of individuals with intellectual disabilities (B) by striking the mental retardation problem and of the need for combating it such needs (C) by striking relating to the various aspects of mental retardation and its prevention, treatment, or amelioration to meet such needs (D) by striking community action to combat mental retardation community action to meet such needs (4) in section 1703 by striking the mentally retarded individuals with intellectual disabilities (m) Requirements for, and assuring quality care in, skilled nursing facilities Section 1819(b)(4) of the Social Security ( 42 U.S.C. 1395i–3(b)(4) (1) in subparagraph (A)(vii) by striking mentally ill and mentally retarded residents residents with mental illnesses or intellectual disabilities (2) in subparagraph (C)(ii)(IV)— (A) by striking section 307(a)(12) section 307(a)(9) (B) by striking the mentally ill and the mentally retarded individuals with mental illnesses or intellectual disabilities (n) Grants to States for medical assistance programs Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (1) by striking intermediate care facility for the mentally retarded intermediate care facility for individuals with intellectual disabilities (2) by striking intermediate care facilities for the mentally retarded intermediate care facilities for individuals with intellectual disabilities (3) in section 1905(d)— (A) in the matter preceding paragraph (1) by striking the mentally retarded or persons with individuals with intellectual disabilities or (B) in paragraph (1) by striking mentally retarded individuals individuals with intellectual disabilities (C) in paragraph (2) by striking mentally retarded individual individual who has an intellectual disability (4) in the section heading of section 1910 by striking the mentally retarded individuals with intellectual disabilities (5) in section 1915(c)(7)(C) by striking mental retardation or a related condition intellectual disabilities or related conditions (6) in section 1919— (A) in subsection (b)(3)— (i) in subparagraph (E)— (I) by striking mental retardation intellectual (II) by striking is mentally ill or mentally retarded has a mental illness or intellectual disability (ii) in subparagraph (F)— (I) in the subparagraph heading by striking mentally ill and mentally retarded individuals individuals who have mental illnesses or intellectual disabilities (II) by striking State mental retardation State intellectual (III) in clause (i) by striking is mentally ill has a mental illness (IV) in clause (ii)— (aa) by striking is mentally retarded has an intellectual disability (bb) by striking for mental retardation for such intellectual disability (B) in subsection (b)(4)— (i) in subparagraph (A)(vii) by striking mentally ill and mentally retarded residents residents with mental illnesses or intellectual disabilities (ii) in subparagraph (C)(ii)(IV) by striking the mentally ill and the mentally retarded individuals with mental illnesses or intellectual disabilities (C) in subsection (e)(7)— (i) in subparagraph (A)(i) by striking mentally ill and mentally retarded individuals individuals with mental illnesses or intellectual disabilities (ii) in subparagraph (B)— (I) by striking State mental retardation State intellectual (II) in clause (ii)— (aa) in the clause heading by striking mentally retarded residents residents with intellectual disabilities (bb) in the matter preceding clause (I) by striking is mentally retarded has an intellectual disability (cc) in subclause (II) by striking mental retardation an intellectual disability (III) in clause (iii) by striking mentally ill or mentally retarded resident resident who has a mental illness or intellectual disability (iii) in subparagraph (C) by striking mental retardation intellectual disability (iv) in subparagraph (E)— (I) by striking are mentally retarded or mentally ill have an intellectual disability or mental illness (II) by striking mental retardation intellectual disability (v) in subparagraph (G)— (I) in clause (i) by inserting or have a mental illness mentally ill (II) in clause (ii) by striking be mentally retarded have an intellectual disability (7) in the section heading of section 1922 by striking the mentally retarded individuals with intellectual disabilities (o) Payments to States Section 2002(a)(2)(A) of the Social Security Act ( 42 U.S.C. 1397a(a)(2)(A) the mentally retarded individuals with intellectual disabilities (p) National School Lunch Act Section 12(d)(5) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(d)(5) the mentally retarded individuals with intellectual disabilities (q) Child Nutrition Act Section 15(3) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1784(3) the mentally retarded individuals with intellectual disabilities (r) Institutionalized persons definitions Section 2(1)(B) of the Civil Rights of Institutionalized Persons Act ( 42 U.S.C. 1997(1)(B) (1) in clause (i) by striking disabled, or retarded, or chronically ill or handicapped are individuals with intellectual or other disabilities, or are chronically ill (2) in clause (iv)(III) by striking mentally ill or disabled, mentally retarded, or chronically ill or handicapped mentally ill, individuals with intellectual or other disabilities, or chronically ill (s) Programs for individuals with developmental disabilities Title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15001 et seq. (1) by striking Intermediate Care Facility (Mental Retardation) intermediate care facility for individuals with intellectual disabilities (2) in section 109(a)(4)(B)(i) by striking the mentally retarded individuals with intellectual disabilities (3) in section 125(c)(7)(F)(i) by striking Intermediate Care Facilities (Mental Retardation) intermediate care facilities for individuals with intellectual disabilities 3. Regulations For the purposes of a regulation issued to carry out a provision amended by this Act— (1) before the regulation is amended to carry out this Act— (A) a reference in the regulation to mental retardation an intellectual disability (B) a reference in the regulation to the mentally retarded individuals who are mentally retarded individuals with intellectual disabilities (2) in amending a regulation to carry out this Act, a Federal agency shall ensure that the regulation clearly states— (A) that an intellectual disability mental retardation (B) that individuals with intellectual disabilities the mentally retarded individuals who are mentally retarded 4. Rule of construction This Act shall be construed to amend Federal law to remove the terms mentally retarded mental retardation (1) change the coverage, eligibility, rights, responsibilities, or definitions referred to in the amended provisions; or (2) compel States to change terminology in State laws for individuals covered by a provision amended by this Act.

Words Matter Act of 2024

Simplifying Grants Act of 2023 This bill sets forth procedures for simplifying the grant process for nonurbanized areas, for both existing and new grant programs. Each agency must make publicly available a checklist for covered local governments with respect to each grant program of the agency for which such governments are otherwise eligible that includes each requirement for every step of the grant process. The Office of Management and Budget must report to Congress (1) within 270 days of this bill's enactment, evaluating the extent to which agencies have simplified the requirements and made the checklist available; and (2) each April 1st, evaluating the amount of technical assistance provided and the amount of funds awarded.

118 S375 IS: Simplifying Grants 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. 375 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Rubio Mr. Risch Mrs. Capito Mr. Wicker Mr. Scott of Florida Mr. Tuberville Committee on Homeland Security and Governmental Affairs A BILL To simplify the grant process for nonurbanized areas, and for other purposes. 1. Short title This Act may be cited as the Simplifying Grants Act of 2023 2. Definitions In this Act: (1) Agency The term agency (2) Covered local government The term covered local government (3) Director The term Director (4) Local government The term local government (5) State The term State (6) Urbanized area The term urbanized area 3. Grant process simplification (a) Existing grant programs For each grant program of an agency in existence on the date of enactment of this Act under which covered local governments are eligible to receive grants, not later than 180 days after the date of enactment of this Act— (1) the Director shall— (A) conduct a review of the complexity of the requirements for a covered local government to receive funds under a grant under the program; and (B) provide to the head of the agency instructions on how to simplify such requirements; and (2) the head of the agency, in consultation with the Director, shall simplify such requirements. (b) New grant programs For each grant program of an agency established after the date of enactment of this Act under which covered local governments are eligible to receive grants, before the application for grants under the program becomes available— (1) the Director shall— (A) conduct a review of the complexity of the proposed requirements for a covered local government to receive funds under a grant under the program; and (B) provide to the head of the agency instructions on how to simplify such requirements; and (2) the head of each agency, in consultation with the Director, shall simplify such requirements. (c) Checklists (1) In general In accordance with paragraph (2), the head of each agency shall make publicly available a checklist for covered local governments with respect to each grant program of the agency for which covered local governments are otherwise eligible that includes each requirement for each step of the grant process for a grant under the grant program. (2) Deadline The head of an agency shall make publicly available a checklist under paragraph (1)— (A) with respect to a grant program in existence on the date of enactment of this Act, not later than 180 days after the date of enactment of this Act; and (B) with respect to a grant program established after the date of enactment of this Act, on the date on which the application for the grant program becomes available. 4. Reporting (a) One-Time report Not later than 270 days after the date of enactment of this Act, the Director shall submit to Congress a report evaluating, as of the date of submission of the report— (1) the extent to which agencies have simplified the requirements for covered local governments under section 3(a); and (2) the extent to which agencies made available checklists under section 3(c)(1) for each grant program in existence on the date of enactment of this Act. (b) Ongoing report Not later than April 1 of the first year after the year during which this Act is enacted, and every April 1 thereafter, the Director shall submit to Congress a report evaluating— (1) the amount of technical assistance provided to covered local governments during the previous fiscal year by agencies relating to the preaward, award, implementation, and closeout stages of grants awarded by the agencies; and (2) the amount of funds that were awarded by agencies during the previous fiscal year to— (A) covered local governments; and (B) local governments that are not covered local governments.

Simplifying Grants Act of 2023

United States Commission on International Religious Freedom Reauthorization Act of 2024 This bill reauthorizes the U.S. Commission on International Religious Freedom through FY2026.

118 S3764 IS: United States Commission on International Religious Freedom Reauthorization Act of 2024 U.S. Senate 2024-02-07 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 2d Session S. 3764 IN THE SENATE OF THE UNITED STATES February 7, 2024 Mr. Rubio Mr. Cardin Mr. Cruz Mr. Coons Mr. Lankford Committee on Foreign Relations A BILL To extend and authorize annual appropriations for the United States Commission on International Religious Freedom through fiscal year 2026. 1. Short title This Act may be cited as the United States Commission on International Religious Freedom Reauthorization Act of 2024 2. United States Commission on International Religious Freedom (a) Authorization of appropriations Section 207(a) of the International Religious Freedom Act of 1998 22 U.S.C. 6435(a) 2023 and 2024 2025 and 2026 (b) Extension of authorization Section 209 of the International Religious Freedom Act of 1998 22 U.S.C. 6436 September 30, 2024 September 30, 2026

United States Commission on International Religious Freedom Reauthorization Act of 2024

Domestic Reinvestment Act of 2023 This bill prohibits the Department of Homeland Security (DHS) or any other person from requiring any repayment, recoupment, or offset of certain antidumping and countervailing duties. The bill also requires DHS, within 90 days, to (1) refund any repayment or recoupment of these payments that were collected by U.S. Customs and Border Protection (CBP) after January 1, 2017, and (2) fully distribute any antidumping or countervailing duties withheld as an offset by CBP.

109 S377 IS: Domestic Reinvestment 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. 377 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Graham Mr. Scott of South Carolina Committee on Finance A BILL To prohibit the Secretary of Homeland Security, or any other person, from requiring repayment, recoupment, or offset of certain antidumping duties and countervailing duties paid under section 754 of the Tariff Act of 1930, and for other purposes. 1. Short title This Act may be cited as the Domestic Reinvestment Act of 2023 2. Termination of all efforts to clawback payments of certain antidumping duties and countervailing duties (a) In general Notwithstanding any other provision of law, neither the Secretary of Homeland Security nor any other person may— (1) require repayment of, or attempt in any other way to recoup, any payment described in subsection (b); or (2) offset any past, current, or future distributions of antidumping duties or countervailing duties assessed on any imports in an attempt to recoup any payment described in subsection (b). (b) Payments described Payments described in this subsection are payments of antidumping duties or countervailing duties made pursuant to section 754 of the Tariff Act of 1930 (19 U.S.C. 1675c (repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 ( Public Law 109–171 (1) assessed and paid with respect to imports of goods from any country; and (2) distributed on or after January 1, 2001. (c) Payment of certain funds collected or withheld Except with respect to payments described in subsection (d), not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall— (1) refund any repayment or other recoupment of any payment described in subsection (b) that was collected by the Commissioner of U.S. Customs and Border Protection after January 1, 2017; and (2) fully distribute any antidumping duties or countervailing duties that the Commissioner is withholding as an offset as described in subsection (a)(2). (d) Limitation Nothing in this section shall be construed to prevent the Secretary of Homeland Security, or any other person, from retaining, offsetting, requiring repayment of, or attempting to otherwise recoup, any payment described in subsection (b) as a result of— (1) a finding of false statements, other misconduct, or insufficient verification of a certification by a recipient of such a payment; or (2) the issuance of a refund to an importer or surety pursuant to a settlement, court order, or reliquidation of an entry with respect to which such a payment was made.

Domestic Reinvestment Act of 2023

Freedom to Compete Act of 2023 This bill prohibits an employer from enforcing, or threatening to enforce, any non-compete agreement in employment contracts with certain entry level, lower wage workers. A non-compete agreement entered into before the enactment of this bill shall be void and have no effect.

118 S379 IS: Freedom To Compete 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. 379 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Rubio Ms. Hassan Committee on Health, Education, Labor, and Pensions A BILL To amend the Fair Labor Standards Act of 1938 to prevent employers from using non-compete agreements in employment contracts for certain non-exempt employees. 1. Short title This Act may be cited as the Freedom To Compete Act of 2023 2. Limitation on non-compete agreements (a) In general The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. 8. Limitation on non-compete agreements (a) Definition of non-Compete agreement In this section, the term non-compete agreement (1) Any work for another employer for a specified period of time. (2) Any work in a specified geographical area. (3) Any work for another employer that is similar to such employee’s work for the employer that is a party to such agreement. (b) In general (1) No enforcement of non-compete agreements Any non-compete agreement entered into before the date of enactment of the Freedom To Compete Act of 2023 (2) No new non-compete agreements Beginning on the date of enactment of the Freedom To Compete Act of 2023 (3) Limit on applicability This subsection shall not apply with respect to any employee described in section 13(a)(1). (c) Rule of construction regarding trade secrets Nothing in this section shall preclude an employer from entering into an agreement with an employee to not share any information (including after the employee is no longer employed by the employer) regarding the employer or the employment that is a trade secret, as defined in section 1839 of title 18, United States Code. . (b) Enforcement (1) Prohibited act Section 15(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215(a) (A) in paragraph (5), by striking and (B) in paragraph (6), by striking the period at the end and inserting ; and (C) by adding at the end the following: (7) to violate any of the provisions of section 8. . (2) Penalties Section 16 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 (A) in subsection (a), by inserting , except that a person convicted of a violation of section 15(a)(7) shall not be subject to imprisonment or both (B) in subsection (b), by inserting Any employer who violates the provisions of section 8 shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of such section. (C) in subsection (c), by adding at the end the following: The authority and requirements described in this subsection shall also apply with respect to a violation of section 8, as appropriate, and the employer shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of such section. (D) in subsection (e)(2), by striking section 6 or 7, relating to wages, section 6, 7, or 8, relating to wages or non-compete agreements, (c) Conforming amendment Section 10 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 210 (d) Effective date (1) In general The amendments made by this Act shall take effect 180 days after the date of enactment of this Act. (2) Applicability This Act, and the amendments made by this Act, shall apply with respect to any dispute or claim for which proceedings commenced on or after the effective date described in paragraph (1).

Freedom To Compete Act of 2023

Remote Seafood Employee Meals Tax Parity Act This bill provides that the 50% limitation on the tax deduction for business meals shall not apply to meals provided on certain fishing vessels or at certain fish processing facilities.

118 S3795 IS: Remote Seafood Employee Meals Tax Parity Act U.S. Senate 2024-02-09 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 2d Session S. 3795 IN THE SENATE OF THE UNITED STATES February 9, 2024 Ms. Murkowski Mr. Sullivan Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide that the 50 percent limitation on the deduction for meal expenses does not apply to meals provided on certain fishing boats or at certain fish processing facilities. 1. Short title This Act may be cited as the Remote Seafood Employee Meals Tax Parity Act 2. Meals provided on certain fishing boats and at certain fish processing facilities not subject to 50 percent limitation (a) In general Section 274(n)(2)(C) or (v) provided— (I) on a fishing vessel, fish processing vessel, or fish tender vessel (as such terms are defined in section 2101 of title 46, United States Code), or (II) at a facility for the processing of fish for commercial use or consumption which— (aa) is located in the United States north of 50 degrees north latitude, and (bb) is not located in a metropolitan statistical area (within the meaning of section 143(k)(2)(B)), or . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2019.

Remote Seafood Employee Meals Tax Parity Act

Veteran Entrepreneurship Training Act of 2023 This bill provides statutory authority for the Boots to Business Program, which provides entrepreneurship training to individuals including veterans and active members of the Armed Forces, to be administered by the Small Business Administration.

118 S38 IS: Veteran Entrepreneurship Training 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. 38 IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Ms. Duckworth Ms. Ernst Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to codify the Boots to Business Program, and for other purposes. 1. Short title This Act may be cited as the Veteran Entrepreneurship Training Act of 2023 2. Boots to Business Program Section 32 of the Small Business Act ( 15 U.S.C. 657b (h) Boots to Business Program (1) Covered individual defined In this subsection, the term covered individual (A) a member of the Armed Forces, including the National Guard or Reserves; (B) an individual who is participating in the Transition Assistance Program established under section 1144 of title 10, United States Code; (C) an individual who— (i) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and (ii) was discharged or released from such service under conditions other than dishonorable; and (D) a spouse or dependent of an individual described in subparagraph (A), (B), or (C). (2) Establishment During the period beginning on the date of enactment of this subsection and ending on September 30, 2028, the Administrator shall carry out a program to be known as the Boots to Business Program (3) Goals The goals of the Boots to Business Program are to— (A) provide assistance and in-depth training to covered individuals interested in business ownership; and (B) provide covered individuals with the tools, skills, and knowledge necessary to identify a business opportunity, draft a business plan, identify sources of capital, connect with local resources for small business concerns, and start up a small business concern. (4) Program components (A) In general The Boots to Business Program may include— (i) a presentation providing exposure to the considerations involved in self-employment and ownership of a small business concern; (ii) an online, self-study course focused on the basic skills of entrepreneurship, the language of business, and the considerations involved in self-employment and ownership of a small business concern; (iii) an in-person classroom instruction component providing an introduction to the foundations of self employment and ownership of a small business concern; and (iv) in-depth training delivered through online instruction, including an online course that leads to the creation of a business plan. (B) Collaboration The Administrator may— (i) collaborate with public and private entities to develop course curricula for the Boots to Business Program; and (ii) modify program components in coordination with entities participating in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 ( 10 U.S.C. 1071 (C) Use of resource partners and district offices (i) In general The Administrator shall— (I) ensure that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the Boots to Business Program; and (II) to the maximum extent practicable, use district offices of the Administration and a variety of other resource partners and entities in administering the Boots to Business Program. (ii) Grant authority In carrying out clause (i), the Administrator may make grants to Veteran Business Outreach Centers, other resource partners, or other entities to carry out components of the Boots to Business Program. (D) Availability to Department of Defense and the Department of Labor The Administrator shall make available to the Secretary of Defense and the Secretary of Labor information regarding the Boots to Business Program, including all course materials and outreach materials related to the Boots to Business Program, for inclusion on the websites of the Department of Defense and the Department of Labor relating to the Transition Assistance Program, in the Transition Assistance Program manual, and in other relevant materials available for distribution from the Secretary of Defense and the Secretary of Labor. (E) Availability to Department of Veterans Affairs In consultation with the Secretary of Veterans Affairs, the Administrator shall make available for distribution and display on the website of the Department of Veterans Affairs and at local facilities of the Department of Veterans Affairs outreach materials regarding the Boots to Business Program, which shall, at a minimum— (i) describe the Boots to Business Program and the services provided; and (ii) include eligibility requirements for participating in the Boots to Business Program. (F) Availability to other participating agencies The Administrator shall ensure information regarding the Boots to Business program, including all course materials and outreach materials related to the Boots to Business Program, is made available to other participating agencies in the Transition Assistance Program and upon request of other agencies. (5) Competitive bidding procedures The Administration shall use relevant competitive bidding procedures with respect to any contract or cooperative agreement executed by the Administration under the Boots to Business Program. (6) Publication of notice of funding opportunity Not later than 30 days before the deadline for submitting applications for any funding opportunity under the Boots to Business Program, the Administration shall publish a notice of the funding opportunity. (7) Report Not later than 180 days after the date of enactment of this subsection, and not less frequently than annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the Boots to Business Program, which— (A) may be included as part of another report submitted to such committees by the Administrator related to the Office of Veterans Business Development; and (B) shall summarize available information relating to— (i) grants awarded under paragraph (4)(C); (ii) the total cost of the Boots to Business Program; (iii) the amount of program funds used for domestic and international travel expenses; (iv) the number of program participants using each component of the Boots to Business Program; (v) the completion rates for each component of the Boots to Business Program; (vi) to the extent possible— (I) the demographics of program participants, to include gender, age, race, ethnicity, and relationship to military; (II) the number of program participants that connect with a district office of the Administration, a Veteran Business Outreach Center, or another resource partner of the Administration; (III) the number of program participants that start a small business concern; (IV) the results of the Boots to Business and Boots to Business Reboot course quality surveys conducted by the Office of Veterans Business Development before and after attending each of those courses, including a summary of any comments received from program participants; (V) the results of the Boots to Business Program outcome surveys conducted by the Office of Veterans Business Development, including a summary of any comments received from program participants; and (VI) the results of other germane participant satisfaction surveys; (C) an evaluation of the overall effectiveness of the Boots to Business Program based on each geographic region covered by the Administration during the most recent fiscal year; (D) an assessment of additional performance outcome measures for the Boots to Business Program, as identified by the Administrator; (E) any recommendations of the Administrator for improvement of the Boots to Business Program, which may include expansion of the types of individuals who are covered individuals; (F) an explanation of how the Boots to Business Program has been integrated with other transition programs and related resources of the Administration and other Federal agencies; and (G) any additional information the Administrator determines necessary. .

Veteran Entrepreneurship Training Act of 2023

Felony Murder for Deadly Fentanyl Distribution Act of 2023 This bill makes the distribution of fentanyl resulting in death a first degree murder. An individual who is guilty of first degree murder by distributing fentanyl is subject to death or life in prison.

118 S380 IS: Felony Murder for Deadly Fentanyl Distribution 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. 380 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Rubio Ms. Ernst Mr. Marshall Mrs. Hyde-Smith Mr. Cruz Mr. Hagerty Mr. Cassidy Mr. Risch Mr. Lankford Mr. Daines Mr. Wicker Mr. Braun Mr. Budd Mr. Cotton Mrs. Britt Committee on the Judiciary A BILL To amend title 18, United States Code, to punish the distribution of fentanyl resulting in death as felony murder. 1. Short title This Act may be cited as the Felony Murder for Deadly Fentanyl Distribution Act of 2023 2. Fentanyl distribution resulting in death punished as felony murder Section 1111 of title 18, United States Code, is amended— (1) in subsection (a), in the second sentence, by inserting , distributing fentanyl child abuse (2) in subsection (b)— (A) by striking (b) Within (b) (1) Within (B) by adding at the end the following: (2) Whoever is guilty of murder in the first degree by distributing fentanyl shall be punished by death or by imprisonment for life. ; and (3) in subsection (c)— (A) by redesignating paragraphs (4) through (6) as paragraphs (6) through (8), respectively; and (B) by inserting after paragraph (3) the following: (4) the terms controlled substance distribute 21 U.S.C. 802 (5) distributing fentanyl (A) involving 2 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or .5 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide; (B) that results in death from the use of a mixture or substance described in subparagraph (A); and (C) knowing or having reason to know that the controlled substance contains a detectable amount of a mixture or substance described in subparagraph (A). .

Felony Murder for Deadly Fentanyl Distribution Act of 2023

No Coyote Cash Act This bill makes it a crime to transmit money or any item of value with the intent to finance the unlawful entry of a non-U.S. national (alien under federal law) into the United States. Violators are subject to a fine equal to the value of the transmitted property, up to one year in prison, or both. Additionally, the bill makes a non-U.S. national who violates this prohibition inadmissible and deportable. Current law criminalizes certain conduct related to bringing a non-U.S. national into the United States and transporting, harboring, concealing, or shielding such an individual within the United States from detection by immigration authorities while knowing or in reckless disregard that the individual entered unlawfully.

118 S381 IS: No Coyote Cash 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. 381 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Rubio Mr. Marshall Mr. Braun Ms. Lummis Mr. Cruz Mrs. Britt Mr. Wicker Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to include a criminal penalty and a ground of removability for financing the unlawful entry of an alien into the United States. 1. Short title This Act may be cited as the No Coyote Cash Act 2. Criminal penalty and removability for financing unlawful entry (a) In general Chapter 8 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1321 et seq. 274E. Financing unlawful entry Any person who transmits money, property, or any item of value through interstate commerce with the intent to finance a violation of section 273, 274, 275, 276, or 277 shall be fined the value of the transmitted money, property, or item of value, imprisoned not more than 1 year, or both. . (b) Inadmissibility Section 212(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) (J) Financing unlawful entry Any alien who has been convicted of, admits having committed, or admits committing acts that constitute the elements of an offense under section 274E is inadmissible. . (c) Deportability Section 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(2) (G) Financing unlawful entry Any alien who has been convicted of, admits having committed, or admits committing acts that constitute the elements of an offense under section 274E is deportable. . (d) Conforming amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. Sec. 274E. Financing unlawful entry. .

No Coyote Cash Act

Puyallup Tribe of Indians Land Into Trust Confirmation Act of 2023 This bill takes approximately 17.264 acres of specified lands in Pierce County, Washington, into trust for the benefit of the Puyallup Tribe of the Puyallup Reservation. Lands taken into trust shall be part of the tribe's reservation. The United States shall not be liable for any environmental contamination that occurred on or before the date on which the land is taken into trust. Further, the bill prohibits gaming on the land taken into trust.

118 S382 ES: Puyallup Tribe of Indians Land Into Trust Confirmation 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. 382 IN THE SENATE OF THE UNITED STATES AN ACT To take certain land in the State of Washington into trust for the benefit of the Puyallup Tribe of the Puyallup Reservation, and for other purposes. 1. Short title This Act may be cited as the Puyallup Tribe of Indians Land Into Trust Confirmation Act of 2023 2. Land to be taken into trust for the benefit of the Puyallup Tribe of the Puyallup Reservation (a) In general The approximately 17.264 acres of land owned in fee by the Puyallup Tribe of the Puyallup Reservation in Pierce County, Washington, and described in subsection (b) is hereby taken into trust by the United States for the benefit of the Puyallup Tribe of the Puyallup Reservation. (b) Land descriptions (1) Parcel 1 Lots 1 to 4, inclusive, Block 85, Map of Tacoma Tidelands, as surveyed and platted by the Board of Appraisers of Tide and Shore Lands for Pierce County, according to Plat filed for record on September 14, 1895, in the Office of the County Auditor, in Tacoma, Pierce County, Washington. (2) Parcel 2 Lots 5 to 9, inclusive, Block 85, Map of Tacoma Tidelands, as surveyed and platted by the Board of Appraisers of Tide and Shore Lands for Pierce County, according to Plat filed for record on September 14, 1895, in the Office of the County Auditor, in Tacoma, Pierce County, Washington. (3) Parcel 3 Parcel A of City of Tacoma Boundary Line Adjustment MPD2011–40000166230, recorded October 12, 2011, under Pierce County Auditor Recording No. 201110125009, as corrected by Affidavit of Minor Correction of Map Recorded September 25, 2012, under Pierce County Auditor Recording No. 201209250440. (c) Administration Land taken into trust under subsection (a) shall be— (1) part of the Reservation of the Puyallup Tribe of the Puyallup Reservation; and (2) administered in accordance with the laws and regulations generally applicable to property held in trust by the United States for the benefit of an Indian Tribe. (d) Environmental liability Notwithstanding any other provision of law, the United States shall not be liable for any environmental contamination that occurred on the land described in subsection (b) on or before the date on which that land is taken into trust under subsection (a). (e) Gaming prohibited Land taken into trust under subsection (a) shall not be used for any class II gaming or class III gaming under the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. 25 U.S.C. 2703 Passed the Senate December 14, 2023. Secretary

Puyallup Tribe of Indians Land Into Trust Confirmation Act of 2023

Secure U.S. Leadership in Space Act of 2024 This bill allows the financing of spaceports with tax-exempt facility bonds. The bill defines spaceport as any facility located at or near a launch or reentry site used for (1) manufacturing, assembling, or repairing spacecraft, space cargo, or other facilities; (2) flight control operations; (3) providing launch services and reentry services; or (4) transferring crew, spaceflight participants, or space cargo to or from spacecraft.

118 S3823 IS: Secure U.S. Leadership in Space Act of 2024 U.S. Senate 2024-02-28 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 2d Session S. 3823 IN THE SENATE OF THE UNITED STATES February 28, 2024 Mr. Rubio Mr. Luján Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to treat spaceports like airports for purposes of exempt facility bond rules. 1. Short title This Act may be cited as the Secure U.S. Leadership in Space Act of 2024 2. Spaceports are treated like airports under exempt facility bond rules (a) In general Section 142(a)(1) (1) airports and spaceports, . (b) Treatment of ground leases Section 142(b)(1) of such Code is amended by adding at the end the following new subparagraph: (C) Special rule for spaceport ground leases For purposes of subparagraph (A), spaceport property located on land leased by a governmental unit from the United States shall not fail to be treated as owned by a governmental unit if the requirements of this paragraph are met by the lease and any subleases of the property. . (c) Definition of spaceport Section 142 of such Code is amended by adding at the end the following new subsection: (p) Spaceport (1) In general For purposes of subsection (a)(1), the term spaceport (A) manufacturing, assembling, or repairing spacecraft, space cargo, other facilities described in this paragraph, or any component of the foregoing, (B) flight control operations, (C) providing launch services and reentry services, or (D) transferring crew, spaceflight participants, or space cargo to or from spacecraft. (2) Additional terms For purposes of paragraph (1)— (A) Space cargo The term space cargo (B) Spacecraft The term spacecraft (C) Other terms The terms launch launch site crew space flight participant launch services launch vehicle payload reenter reentry services reentry site reentry vehicle (3) Public use requirement Notwithstanding any other provision of law, a facility shall not be required to be available for use by the general public to be treated as a spaceport for purposes of this section. (4) Manufacturing facilities and industrial parks allowed With respect to spaceports, subsection (c)(2)(E) shall not apply to spaceport porperty described in paragraph (1)(A). . (d) Exception from federally guaranteed bond prohibition Section 149(b)(3) of such Code is amended by adding at the end the following new subparagraph: (F) Exception for spaceports A bond shall not be treated as federally guaranteed merely because of the payment of rent, user fees, or other charges by the United States (or any agency or instrumentality thereof) in exchange for the use of the spaceport by the United States (or any agency or instrumentality thereof). . (e) Exclusion from State ceiling Section 146(g) of such Code is amended by striking and , and (7) any exempt facility bond issued as part of an issue 95 percent or more of the net proceeds of which are to be used to provide a spaceport (as defined in section 142). . (f) Conforming amendment The heading for section 142(c) of such Code is amended by inserting Spaceports, Airports, (g) Effective date The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.

Secure U.S. Leadership in Space Act of 2024

Federal Skills Act of 2023 This bill generally provides statutory authority for the executive order titled Modernizing and Reforming the Assessment and Hiring of Federal Job Candidates, which was issued on June 26, 2020. The order generally prescribes certain limits as to the consideration and use of post-high school educational requirements for positions in the competitive service. Among other things, the order specifies that an executive agency may only institute a minimum educational requirement for a position in the competitive service if it is legally required for the position, and may only consider a candidate's education with respect to other minimum requirements if it directly reflects the competencies necessary for the position. The order requires the Office of Personnel Management to review and revise the classification and qualification standards for positions in the competitive service so as to comply with these requirements. The order also requires changes to be made public, and to take effect, within 120 days and 180 days of the date of the order, respectively. (The bill requires a similar timeline with respect to the date of enactment of the bill.) The bill additionally specifies that it does not affect student loan forgiveness or student loan cancellation options that are available to borrowers under federal law as of the day before the date of enactment of the bill.

118 S383 IS: Federal Skills 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. 383 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Rubio Mr. Budd Committee on Homeland Security and Governmental Affairs A BILL To require the Director of the Office of Personnel Management to revise job classification and qualification standards for positions in the competitive service regarding educational requirements for those positions, and for other purposes. 1. Short title This Act may be cited as the Federal Skills Act of 2023 2. Definitions In this Act— (1) the term agency (2) the term competitive service (3) the term Director (4) the term education 20 U.S.C. 1002 (5) the term personnel assessment (6) the term qualification standards (7) the term selection decision (A) appointment; (B) placement; (C) promotion; (D) referral; (E) retention; or (F) entry into a program leading to career advancement, such as an apprenticeship program, a training program, or a career development program. 3. Revision of job classification and qualification standards (a) Review (1) In general Consistent with the requirements of this section, the Director, in consultation with the Director of the Office of Management and Budget and the head of each agency, shall review and revise all job classification and qualification standards for positions in the competitive service, as necessary. (2) Publication; effective date With respect to any change to a job classification or qualification standard made under paragraph (1)— (A) the Director shall, not later than 120 days after the date of enactment of this Act, make that change available to the public; and (B) the change shall take effect not later than 180 days after the date of enactment of this Act. (b) Education requirement The head of an agency may prescribe a minimum requirement with respect to education for a position in the competitive service only if a minimum qualification with respect to education is legally required to perform the duties of a comparable position in the State or locality where those duties are to be performed. (c) Consideration of education Unless the head of an agency is determining the satisfaction of a legally required minimum requirement with respect to education for an applicant for employment with the agency, the agency head may consider the education of the applicant in determining the satisfaction by the applicant of another minimum qualification only if the education of the applicant directly reflects the competencies necessary to satisfy that qualification and perform the duties of the position. (d) Position listing A position description and job posting published by an agency for a position in the competitive service shall be based on the specific skills and competencies required to perform that position, as established in the position classifications and qualification standards of the Office of Personnel Management. 4. Improving the use of assessments in the Federal hiring process (a) In general The Director shall work with the head of each agency to ensure that, not later than 180 days after the date of enactment of this Act, for a position in the competitive service, the head of an agency assesses an applicant for employment in a manner that does not rely solely on the education of the applicant to determine the extent to which the applicant possesses relevant knowledge, skills, competencies, and abilities for the position. (b) Other requirements With respect to the assessment practices described in subsection (a)— (1) the head of each agency shall develop or identify those assessment practices; and (2) those assessment practices— (A) may not be substantively equivalent to competencies only attainable through education; and (B) shall be published by the applicable agency in the human resources manual of the agency. (c) Consideration of self-Evaluation (1) In general In assessing an applicant for employment— (A) the head of an agency may not rely solely on the self-evaluation of the stated abilities of the applicant; and (B) the applicant shall fulfill other assessment standards in order to be certified for consideration, as established by the Chief Human Capital Officer of the applicable agency (or an equivalent official). (2) Publication The standards described in paragraph (1)(B) shall be published in the human resources manual of the applicable agency. (d) Evaluation The head of each agency shall continually evaluate the effectiveness of different assessment strategies to promote and protect the quality and integrity of the appointment processes of the agency, which shall be reviewed by the Chief Human Capital Officer of the agency (or an equivalent official), who shall make any necessary changes or take any necessary remedial actions concurrent with the review. 5. Application (a) In general Nothing in this Act may be construed to impair or otherwise affect— (1) the authority granted by law to an executive department or agency, or the head thereof; or (2) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) Rights or benefits This Act is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. 6. Rule of construction Nothing in this Act may be construed to eliminate or otherwise affect the student loan forgiveness or student loan cancellation options available to borrowers under Federal law, as such options are in effect on the day before the date of enactment of this Act.

Federal Skills Act of 2023

Springfield 1908 Race Riot National Monument Act This bill establishes the Springfield 1908 Race Riot National Monument in Illinois as a unit of the National Park System. The monument shall preserve, protect, and interpret the resources associated with the Springfield Race Riot of 1908 and its role in the forming of the National Association for the Advancement of Colored People; and include the construction of a permanent memorial, within the boundary of the monument, to the victims, survivors, and descendants of survivors of the riot and to the Springfield community. The Department of the Interior may expend appropriated funds to acquire or lease essential facilities for the administration of the monument and visitor services outside the boundary, but within the vicinity of the monument. Interior, using donated or appropriated funds, shall construct a memorial within the boundary of the monument. The bill (1) establishes the Springfield 1908 Advisory Commission to advise Interior regarding the management and development of the monument, and (2) terminates the commission 12 years after this bill's enactment. Interior shall consult with the commission on matters relating to the management and development of the monument.

118 S384 IS: Springfield 1908 Race Riot National Monument 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. 384 IN THE SENATE OF THE UNITED STATES February 9, 2023 Ms. Duckworth Mr. Durbin Committee on Energy and Natural Resources A BILL To establish the Springfield 1908 Race Riot National Monument in the State of Illinois, and for other purposes. 1. Short title This Act may be cited as the Springfield 1908 Race Riot National Monument Act 2. Definitions In this Act: (1) Commission The term Commission (2) Map The term Map Springfield 1908 Race Riot National Memorial Proposed Boundary (3) Memorial The term Memorial (4) National monument The term National Monument (5) Secretary The term Secretary (6) State The term State 3. Establishment of Springfield 1908 Race Riot National Monument (a) Establishment (1) In general Subject to paragraph (2), there is established in the State the Springfield 1908 Race Riot National Monument as a unit of the National Park System— (A) to preserve, protect, and interpret for the benefit of present and future generations resources associated with the Springfield Race Riot of 1908 and the role of the Riot in the formation of the National Association for the Advancement of Colored People; and (B) that shall include the construction of a permanent memorial, within the boundary of the National Monument, to— (i) the victims, survivors, and descendants of survivors of the Springfield Race Riot of 1908; and (ii) the Springfield community. (2) Conditions The National Monument shall not be established until the date on which the Secretary acquires sufficient land within the boundary of the National Monument to constitute a manageable unit. (b) Boundaries (1) In general The boundary of the National Monument shall be the boundary generally depicted on the Map. (2) Correction of errors The Secretary may correct minor errors in the Map. (c) Acquisition authority The Secretary may acquire any land or interest in land located within the boundary of the National Monument by— (1) donation; (2) purchase with donated or appropriated funds; or (3) exchange. (d) Administrative sites and visitor facilities To facilitate the administration of the National Monument, the Secretary may expend appropriated funds to acquire or lease essential facilities for the administration of the National Monument and visitor services outside the boundary, but within the vicinity, of the National Monument. (e) Memorial In accordance with subsection (a)(1)(B), the Secretary shall, using donated or appropriated funds, construct a Memorial within the boundary of the National Monument. (f) Agreements The Secretary may enter into agreements with— (1) the city of Springfield or other public or private entities for the purpose of establishing, managing, and operating within or outside of the boundary of the National Monument facilities for administration and visitor services authorized under subsection (e); and (2) other public or private entities for— (A) the construction of the Memorial; (B) the interpretation of sites associated with the Springfield Race Riot of 1908 located within or outside the boundary of the National Monument; and (C) other purposes of this Act. (g) Springfield 1908 Advisory commission (1) Establishment There is established an advisory commission, to be known as the Springfield 1908 Advisory Commission (2) Membership The Commission shall be composed of 11 members, to be appointed by the Secretary, of whom— (A) 3 members shall reside in the city of Springfield or Sangamon County in the State; (B) 3 members shall be appointed after consideration of recommendations submitted by the Governor of the State; (C) 3 members shall be appointed after consideration of recommendations submitted by the Mayor of the city of Springfield in the State; and (D) 2 members shall be appointed who have experience in the field of historic preservation or the purposes for which the National Monument was established. (3) Term (A) In general A member of the Commission shall be appointed for a term of 5 years. (B) Successors Notwithstanding the expiration of a 5-year term of a member of the Commission, a member of the Commission may continue to serve on the Commission until the date on which— (i) the member is reappointed by the Secretary; or (ii) a successor is appointed by the Secretary. (4) Chairperson The Commission shall have a Chairperson, who shall be elected by the members of the Commission. (5) Bylaws The Commission shall adopt such bylaws as the Commission considers necessary to carry out the duties of the Commission under this subsection. (6) Vacancies A vacancy on the Commission shall be filled in the same manner in which the original appointment was made. (7) Quorum A majority of the members of the Commission shall constitute a quorum. (8) Compensation Members of the Commission shall serve without compensation, except that the Secretary may pay the expenses incurred by the Commission in carrying out the duties of the Commission under this subsection. (9) FACA nonapplicability Section 1013(b) of title 5, United States Code, shall not apply to the Commission. (10) Termination The Commission shall terminate on the date that is 12 years after the date of enactment of this Act. (h) Administration (1) In general The Secretary shall administer the National Monument in accordance with— (A) this Act; and (B) the laws generally applicable to units of the National Park System. (2) Management plan (A) Deadline for completion Not later than 3 years after the date on which funds are first made available to the Secretary for the preparation of a general management plan for the National Monument, the Secretary shall prepare a general management plan for the National Monument in accordance with section 100502 of title 54, United States Code. (B) Submission to Congress On completion of the general management plan under subparagraph (A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives the general management plan prepared under that subparagraph. (3) Required consultation The Secretary shall consult with the Commission on matters relating to the management and development of the National Monument, including the construction of— (A) the Memorial; and (B) visitor service facilities and infrastructure.

Springfield 1908 Race Riot National Monument Act

Empower Act of 2024 This bill modifies the system for the public financing of presidential primary and general elections. The bill (1) increases the amount of matching funds for participating candidates by matching the first $200 of contributions by individuals to a candidate at a 6:1 ratio; (2) eliminates spending limits on participating candidates; (3) allows the national committee of a political party to make expenditures of up to $100 million in coordination with participating candidates; (4) requires all payments made to candidates, beginning with the 2028 presidential election, to be made from the Freedom From Influence Fund established by this bill; and (5) prohibits joint fundraising committees for any authorized committee of a candidate.

118 S3843 IS: Empower Act of 2024 U.S. Senate 2024-02-29 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 2d Session S. 3843 IN THE SENATE OF THE UNITED STATES February 29, 2024 Mr. Van Hollen Mr. Luján Committee on Finance A BILL To amend chapters 95 and 96 of the Internal Revenue Code of 1986 to reform the system of public financing for Presidential election campaigns, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Empower Act of 2024 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Primary Elections Sec. 101. Increase in and modifications to matching payments. Sec. 102. Eligibility requirements for matching payments. Sec. 103. Repeal of expenditure limitations. Sec. 104. Period of availability of matching payments. Sec. 105. Examination and audits of matchable contributions. Sec. 106. Modification to limitation on contributions for Presidential primary candidates. Sec. 107. Use of Freedom From Influence Fund as source of payments. Title II—General Elections Sec. 201. Modification of eligibility requirements for public financing. Sec. 202. Repeal of expenditure limitations and use of qualified campaign contributions. Sec. 203. Matching payments and other modifications to payment amounts. Sec. 204. Increase in limit on coordinated party expenditures. Sec. 205. Establishment of uniform date for release of payments. Sec. 206. Amounts in Presidential Election Campaign Fund. Sec. 207. Use of general election payments for general election legal and accounting compliance. Sec. 208. Use of Freedom From Influence Fund as source of payments. Title III—Freedom From Influence Fund Sec. 301. Freedom From Influence Fund. Sec. 302. Assessments against fines and penalties. Title IV—Effective Date Sec. 401. Effective date. I Primary Elections 101. Increase in and modifications to matching payments (a) Increase and modification (1) In general The first sentence of section 9034(a) (A) by striking an amount equal to the amount of each contribution an amount equal to 600 percent of the amount of each matchable contribution (disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $200) (B) by striking authorized committees $250 authorized committees (2) Matchable contributions Section 9034 of such Code is amended— (A) by striking the last sentence of subsection (a); and (B) by adding at the end the following new subsection: (c) Matchable contribution defined For purposes of this section and section 9033(b)— (1) Matchable contribution The term matchable contribution (A) the individual making such contribution has not made aggregate contributions (including such matchable contribution) to such candidate and the authorized committees of such candidate in excess of $1,000 for the election; (B) such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such matchable contribution) aggregating more than the amount described in subparagraph (A); and (C) such contribution was a direct contribution. (2) Contribution For purposes of this subsection, the term contribution (3) Direct contribution (A) In general For purposes of this subsection, the term direct contribution (i) forwarded from the individual making the contribution to the candidate or committee by another person; or (ii) received by the candidate or committee with the knowledge that the contribution was made at the request, suggestion, or recommendation of another person. (B) Other definitions In subparagraph (A)— (i) the term person 2 U.S.C. 1601 et seq. (ii) a contribution is not made at the request, suggestion, or recommendation of another person . (3) Conforming amendments (A) Section 9032(4) of such Code is amended by striking section 9034(a) section 9034 (B) Section 9033(b)(3) of such Code is amended by striking matching contributions matchable contributions (b) Modification of payment limitation Section 9034(b) of such Code is amended— (1) by striking The total (1) In general The total ; (2) by striking shall not exceed shall not exceed $250,000,000. (3) by adding at the end the following new paragraph: (2) Inflation adjustment (A) In general In the case of any applicable period beginning after 2029, the dollar amount in paragraph (1) 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 following the year which such applicable period begins, determined by substituting calendar year 2028 calendar year 1992 (B) Applicable period For purposes of this paragraph, the term applicable period (C) Rounding If any amount as adjusted under subparagraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. . 102. Eligibility requirements for matching payments (a) Amount of aggregate contributions per State; disregarding of amounts contributed in excess of $200 Section 9033(b)(3) (1) by striking $5,000 $25,000 (2) by striking 20 States 20 States (disregarding any amount of contributions from any such resident to the extent that the total of the amounts contributed by such resident for the election exceeds $200) (b) Contribution limit (1) In general Paragraph (4) of section 9033(b) of such Code is amended to read as follows: (4) the candidate and the authorized committees of the candidate will not accept aggregate contributions from any person with respect to the nomination for election to the office of President of the United States in excess of $1,000 for the election. . (2) Conforming amendments (A) Section 9033(b) of such Code is amended by adding at the end the following new flush sentence: For purposes of paragraph (4), the term contribution . (B) Section 9032(4) of such Code, as amended by section 101(a)(3)(A), is amended by striking section 9034 section 9033(b) or 9034 (c) Participation in system for payments for general election Section 9033(b) of such Code is amended— (1) by striking and (2) by striking the period at the end of paragraph (4) and inserting , and (3) by inserting after paragraph (4) the following new paragraph: (5) if the candidate is nominated by a political party for election to the office of President, the candidate will apply for and accept payments with respect to the general election for such office in accordance with chapter 95. . (d) Prohibition on joint fundraising committees Section 9033(b) of such Code, as amended by subsection (c), is amended— (1) by striking and (2) by striking the period at the end of paragraph (5) and inserting ; and (3) by inserting after paragraph (5) the following new paragraph: (6) the candidate will not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate, except that candidate established a joint fundraising committee with respect to a prior election for which the candidate was not eligible to receive payments under section 9037 and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of this paragraph so long as that joint fundraising committee does not receive any contributions or make any disbursements during the election cycle for which the candidate is eligible to receive payments under such section. . 103. Repeal of expenditure limitations (a) In general Subsection (a) of section 9035 (a) Personal expenditure limitation No candidate shall knowingly make expenditures from his personal funds, or the personal funds of his immediate family, in connection with his campaign for nomination for election to the office of President in excess of, in the aggregate, $50,000. . (b) Conforming amendment Paragraph (1) of section 9033(b) (1) the candidate will comply with the personal expenditure limitation under section 9035, . 104. Period of availability of matching payments Section 9032(6) the beginning of the calendar year in which a general election for the office of President of the United States will be held the date that is 6 months prior to the date of the earliest State primary election 105. Examination and audits of matchable contributions Section 9038(a) and matchable contributions accepted by qualified campaign expenses of 106. Modification to limitation on contributions for Presidential primary candidates Section 315(a)(6) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(6) calendar year four-year election cycle 107. Use of Freedom From Influence Fund as source of payments (a) In general Chapter 96 of subtitle H of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9043. Use of Freedom From Influence Fund as source of payments (a) In general Notwithstanding any other provision of this chapter, effective with respect to the Presidential election held in 2028 and each succeeding Presidential election, all payments made to candidates under this chapter shall be made from the Freedom From Influence Fund established under title III of the Empower Act of 2024 Fund (b) Mandatory reduction of payments in case of insufficient amounts in Fund (1) Advance audits by Commission Not later than 90 days before the first day of each Presidential election cycle (beginning with the cycle for the election held in 2028), the Commission shall— (A) audit the Fund to determine whether the amounts remaining in the Fund will be sufficient to make payments to candidates under this chapter in the amounts provided under this chapter during such election cycle; and (B) submit a report to Congress describing the results of the audit. (2) Reductions in amount of payments (A) Automatic reduction on pro rata basis If, on the basis of the audit described in paragraph (1), the Commission determines that the amount anticipated to be available in the Fund with respect to the Presidential election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of candidates to payments under this chapter for such cycle, the Commission shall reduce each amount which would otherwise be paid to a candidate under this chapter by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the cycle will not exceed the amount anticipated to be available for such payments in the Fund with respect to such cycle. (B) Restoration of reductions in case of availability of sufficient funds during election cycle If, after reducing the amounts paid to candidates with respect to an election cycle under subparagraph (A), the Commission determines that there are sufficient amounts in the Fund to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment on a pro rata basis to each such candidate with respect to the election cycle in the amount by which such candidate’s payments were reduced under subparagraph (A) (or any portion thereof, as the case may be). (C) No use of amounts from other sources In any case in which the Commission determines that there are insufficient moneys in the Fund to make payments to candidates under this chapter, moneys shall not be made available from any other source for the purpose of making such payments. (3) No effect on amounts transferred for pediatric research initiative This section does not apply to the transfer of funds under section 9008(i). (4) Presidential election cycle defined In this section, the term Presidential election cycle . (b) Clerical amendment The table of sections for chapter 96 of subtitle H of such Code is amended by adding at the end the following new item: Sec. 9043. Use of Freedom From Influence Fund as source of payments. . II General Elections 201. Modification of eligibility requirements for public financing Subsection (a) of section 9003 (a) In general In order to be eligible to receive any payments under section 9006, the candidates of a political party in a Presidential election shall meet the following requirements: (1) Participation in primary payment system The candidate for President received payments under chapter 96 for the campaign for nomination for election to be President. (2) Agreements with Commission The candidates, in writing— (A) agree to obtain and furnish to the Commission such evidence as it may request of the qualified campaign expenses of such candidates, (B) agree to keep and furnish to the Commission such records, books, and other information as it may request, and (C) agree to an audit and examination by the Commission under section 9007 and to pay any amounts required to be paid under such section. (3) Prohibition on joint fundraising committees (A) Prohibition The candidates certifies in writing that the candidates will not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate. (B) Status of existing committees for prior elections If a candidate established a joint fundraising committee described in subparagraph (A) with respect to a prior election for which the candidate was not eligible to receive payments under section 9006 and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of subparagraph (A) so long as that joint fundraising committee does not receive any contributions or make any disbursements with respect to the election for which the candidate is eligible to receive payments under section 9006. . 202. Repeal of expenditure limitations and use of qualified campaign contributions (a) Use of qualified campaign contributions without expenditure limits; application of same requirements for major, minor, and new parties Section 9003 (b) Use of Qualified Campaign Contributions To Defray Expenses (1) In general In order to be eligible to receive any payments under section 9006, the candidates of a party in a Presidential election shall certify to the Commission, under penalty of perjury, that— (A) such candidates and their authorized committees have not and will not accept any contributions to defray qualified campaign expenses other than— (i) qualified campaign contributions, and (ii) contributions to the extent necessary to make up any deficiency payments received out of the fund on account of the application of section 9006(c), and (B) such candidates and their authorized committees have not and will not accept any contribution to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(11). (2) Timing of certification The candidate shall make the certification required under this subsection at the same time the candidate makes the certification required under subsection (a)(3). . (b) Definition of qualified campaign contribution Section 9002 of such Code is amended by adding at the end the following new paragraph: (13) Qualified campaign contribution The term qualified campaign contribution (A) does not exceed $1,000 for the election; and (B) with respect to which the candidate has certified in writing that— (i) the individual making such contribution has not made aggregate contributions (including such qualified contribution) to such candidate and the authorized committees of such candidate in excess of the amount described in subparagraph (A), and (ii) such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such qualified contribution) aggregating more than the amount described in subparagraph (A) with respect to such election. . (c) Conforming amendments (1) Repeal of expenditure limits (A) In general Section 315 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116 (B) Conforming amendments Section 315(c) of such Act ( 52 U.S.C. 30116(c) (i) in paragraph (1)(B)(i), by striking , (b) (ii) in paragraph (2)(B)(i), by striking subsections (b) and (d) subsection (d) (2) Repeal of repayment requirement (A) In general Section 9007(b) (B) Conforming amendment Paragraph (2) of section 9007(b) of such Code, as redesignated by subparagraph (A), is amended— (i) by striking a major party a party (ii) by striking contributions (other than contributions (other than qualified contributions (iii) by striking (other than qualified campaign expenses with respect to which payment is required under paragraph (2)) (3) Criminal penalties (A) Repeal of penalty for excess expenses Section 9012 (B) Penalty for acceptance of disallowed contributions; application of same penalty for candidates of major, minor, and new parties Subsection (b) of section 9012 of such Code is amended to read as follows: (b) Contributions (1) Acceptance of disallowed contributions It shall be unlawful for an eligible candidate of a party in a Presidential election or any of his authorized committees knowingly and willfully to accept— (A) any contribution other than a qualified campaign contribution to defray qualified campaign expenses, except to the extent necessary to make up any deficiency in payments received out of the fund on account of the application of section 9006(c); or (B) any contribution to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(11). (2) Penalty Any person who violates paragraph (1) shall be fined not more than $5,000, or imprisoned not more than one year, or both. In the case of a violation by an authorized committee, any officer or member of such committee who knowingly and willfully consents to such violation shall be fined not more than $5,000, or imprisoned not more than one year, or both. . 203. Matching payments and other modifications to payment amounts (a) In general (1) Amount of payments; application of same amount for candidates of major, minor, and new parties Subsection (a) of section 9004 (a) In general Subject to the provisions of this chapter, the eligible candidates of a party in a Presidential election shall be entitled to equal payment under section 9006 in an amount equal to 600 percent of the amount of each matchable contribution received by such candidate or by the candidate’s authorized committees (disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $200), except that total amount to which a candidate is entitled under this paragraph shall not exceed $250,000,000. . (2) Repeal of separate limitations for candidates of minor and new parties; inflation adjustment Subsection (b) of section 9004 of such Code is amended to read as follows: (b) Inflation adjustment (1) In general In the case of any applicable period beginning after 2029, the $250,000,000 dollar amount in subsection (a) shall be increased by an amount equal to— (A) such dollar amount; multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year following the year which such applicable period begins, determined by substituting calendar year 2028 calendar year 1992 (2) Applicable period For purposes of this subsection, the term applicable period (3) Rounding If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. . (3) Conforming amendment Section 9005(a) of such Code is amended by adding at the end the following new sentence: The Commission shall make such additional certifications as may be necessary to receive payments under section 9004. (b) Matchable contribution Section 9002 of such Code, as amended by section 202(b), is amended by adding at the end the following new paragraph: (14) Matchable contribution The term matchable contribution (A) the individual making such contribution has not made aggregate contributions (including such matchable contribution) to such candidate and the authorized committees of such candidate in excess of $1,000 for the election; (B) such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such matchable contribution) aggregating more than the amount described in subparagraph (A) with respect to such election; and (C) such contribution was a direct contribution (as defined in section 9034(c)(3)). . 204. Increase in limit on coordinated party expenditures (a) In general Section 315(d)(2) of the Federal Election Campaign Act of 1971 52 U.S.C. 30116(d)(2) (2) (A) The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party which exceeds $100,000,000. (B) For purposes of this paragraph— (i) any expenditure made by or on behalf of a national committee of a political party and in connection with a Presidential election shall be considered to be made in connection with the general election campaign of a candidate for President of the United States who is affiliated with such party; and (ii) any communication made by or on behalf of such party shall be considered to be made in connection with the general election campaign of a candidate for President of the United States who is affiliated with such party if any portion of the communication is in connection with such election. (C) Any expenditure under this paragraph shall be in addition to any expenditure by a national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States. . (b) Conforming Amendments Relating to Timing of Cost-of-Living Adjustment (1) In general Section 315(c)(1) of such Act ( 52 U.S.C. 30116(c)(1) (A) in subparagraph (B), by striking (d) (d)(2) (B) by adding at the end the following new subparagraph: (D) In any calendar year after 2028— (i) the dollar amount in subsection (d)(2) shall be increased by the percent difference determined under subparagraph (A); (ii) the amount so increased shall remain in effect for the calendar year; and (iii) if the amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. . (2) Base year Section 315(c)(2)(B) of such Act ( 52 U.S.C. 30116(c)(2)(B) (A) in clause (i)— (i) by striking (d) (d)(3) (ii) by striking and (B) in clause (ii), by striking the period at the end and inserting ; and (C) by adding at the end the following new clause: (iii) for purposes of subsection (d)(2), calendar year 2027. . 205. Establishment of uniform date for release of payments (a) Date for payments (1) In general Section 9006(b) (b) Payments from the Fund If the Secretary of the Treasury receives a certification from the Commission under section 9005 for payment to the eligible candidates of a political party, the Secretary shall pay to such candidates out of the fund the amount certified by the Commission on the later of— (1) the last Friday occurring before the first Monday in September; or (2) 24 hours after receiving the certifications for the eligible candidates of all major political parties. Amounts paid to any such candidates shall be under the control of such candidates. . (2) Conforming Amendment The first sentence of section 9006(c) of such Code is amended by striking the time of a certification by the Commission under section 9005 for payment the time of making a payment under subsection (b) (b) Time for certification Section 9005(a) 10 days 24 hours 206. Amounts in Presidential Election Campaign Fund Section 9006(c) In making a determination of whether there are insufficient moneys in the fund for purposes of the previous sentence, the Secretary shall take into account in determining the balance of the fund for a Presidential election year the Secretary’s best estimate of the amount of moneys which will be deposited into the fund during the year, except that the amount of the estimate may not exceed the average of the annual amounts deposited in the fund during the previous 3 years. 207. Use of general election payments for general election legal and accounting compliance Section 9002(11) For purposes of subparagraph (A), an expense incurred by a candidate or authorized committee for general election legal and accounting compliance purposes shall be considered to be an expense to further the election of such candidate. 208. Use of Freedom From Influence Fund as source of payments (a) In general Chapter 95 of subtitle H of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9013. Use of Freedom From Influence Fund as source of payments (a) In general Notwithstanding any other provision of this chapter, effective with respect to the Presidential election held in 2028 and each succeeding Presidential election, all payments made under this chapter shall be made from the Freedom From Influence Fund established under title III of the Empower Act of 2024 (b) Mandatory reduction of payments in case of insufficient amounts in Fund (1) Advance audits by Commission Not later than 90 days before the first day of each Presidential election cycle (beginning with the cycle for the election held in 2028), the Commission shall— (A) audit the Fund to determine whether, after first making payments to candidates under chapter 96, the amounts remaining in the Fund will be sufficient to make payments to candidates under this chapter in the amounts provided under this chapter during such election cycle; and (B) submit a report to Congress describing the results of the audit. (2) Reductions in amount of payments (A) Automatic reduction on pro rata basis If, on the basis of the audit described in paragraph (1), the Commission determines that the amount anticipated to be available in the Fund with respect to the Presidential election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of candidates to payments under this chapter for such cycle, the Commission shall reduce each amount which would otherwise be paid to a candidate under this chapter by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the cycle will not exceed the amount anticipated to be available for such payments in the Fund with respect to such cycle. (B) Restoration of reductions in case of availability of sufficient funds during election cycle If, after reducing the amounts paid to candidates with respect to an election cycle under subparagraph (A), the Commission determines that there are sufficient amounts in the Fund to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment on a pro rata basis to each such candidate with respect to the election cycle in the amount by which such candidate’s payments were reduced under subparagraph (A) (or any portion thereof, as the case may be). (C) No use of amounts from other sources In any case in which the Commission determines that there are insufficient moneys in the Fund to make payments to candidates under this chapter, moneys shall not be made available from any other source for the purpose of making such payments. (3) No effect on amounts transferred for pediatric research initiative This section does not apply to the transfer of funds under section 9008(i). (4) Presidential election cycle defined In this section, the term Presidential election cycle . (b) Clerical amendment The table of sections for chapter 95 of subtitle H of such Code is amended by adding at the end the following new item: Sec. 9013. Use of Freedom From Influence Fund as source of payments. . III Freedom From Influence Fund 301. Freedom From Influence Fund (a) Establishment There is established in the Treasury a fund to be known as the Freedom From Influence Fund (b) Amounts held by Fund The Fund shall consist of amounts transferred under section 3015 of title 18, United States Code (as added by section 302(a)), section 9706 of title 31, United States Code (as added by section 302(b)), and section 6761 (c) Use of Fund To make payments to candidates Amounts in the Fund shall be available without further appropriation or fiscal year limitation— (1) to make payments to candidates under chapter 95 of subtitle H of the Internal Revenue Code of 1986, subject to reductions under section 9013(b) of such Code; and (2) to make payments to candidates under chapter 96 of subtitle H of the Internal Revenue Code of 1986, subject to reductions under section 9043(b) of such Code. (d) Effective date This section shall take effect on the date of the enactment of this title. 302. Assessments against fines and penalties (a) Assessments relating to criminal offenses (1) In general Chapter 201 3015. Special assessments for Freedom From Influence Fund (a) Assessments (1) Convictions of crimes In addition to any assessment imposed under this chapter, the court shall assess on any organizational defendant or any defendant who is a corporate officer or person with equivalent authority in any other organization who is convicted of a criminal offense under Federal law an amount equal to 4.75 percent of any fine imposed on that defendant in the sentence imposed for that conviction. (2) Settlements The court shall assess on any organizational defendant or defendant who is a corporate officer or person with equivalent authority in any other organization who has entered into a settlement agreement or consent decree with the United States in satisfaction of any allegation that the defendant committed a criminal offense under Federal law an amount equal to 4.75 percent of the amount of the settlement. (b) Manner of collection An amount assessed under subsection (a) shall be collected in the manner in which fines are collected in criminal cases. (c) Transfers In a manner consistent with section 3302(b) of title 31, there shall be transferred from the General Fund of the Treasury to the Freedom From Influence Fund under title III of the Empower Act of 2024 . (2) Clerical amendment The table of sections of chapter 201 3015. Special assessments for Freedom From Influence Fund. . (b) Assessments relating to civil penalties (1) In general Chapter 97 9706. Special assessments for Freedom From Influence Fund (a) Assessments (1) Civil penalties Any entity of the Federal Government which is authorized under any law, rule, or regulation to impose a civil penalty shall assess on each person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, on whom such a penalty is imposed an amount equal to 4.75 percent of the amount of the penalty. (2) Administrative penalties Any entity of the Federal Government which is authorized under any law, rule, or regulation to impose an administrative penalty shall assess on each person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, on whom such a penalty is imposed an amount equal to 4.75 percent of the amount of the penalty. (3) Settlements Any entity of the Federal Government which is authorized under any law, rule, or regulation to enter into a settlement agreement or consent decree with any person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, in satisfaction of any allegation of an action or omission by the person which would be subject to a civil penalty or administrative penalty shall assess on such person an amount equal to 4.75 percent of the amount of the settlement. (b) Manner of collection An amount assessed under subsection (a) shall be collected— (1) in the case of an amount assessed under paragraph (1) of such subsection, in the manner in which civil penalties are collected by the entity of the Federal Government involved; (2) in the case of an amount assessed under paragraph (2) of such subsection, in the manner in which administrative penalties are collected by the entity of the Federal Government involved; and (3) in the case of an amount assessed under paragraph (3) of such subsection, in the manner in which amounts are collected pursuant to settlement agreements or consent decrees entered into by the entity of the Federal Government involved. (c) Transfers In a manner consistent with section 3302(b) of this title, there shall be transferred from the General Fund of the Treasury to the Freedom From Influence Fund under title III of the Empower Act of 2024 (d) Exception for penalties and settlements under authority of the Internal Revenue Code of 1986 (1) In general No assessment shall be made under subsection (a) with respect to any civil or administrative penalty imposed, or any settlement agreement or consent decree entered into, under the authority of the Internal Revenue Code of 1986. (2) Cross reference For application of special assessments for the Freedom From Influence Fund with respect to certain penalties under the Internal Revenue Code of 1986, see section 6761 . (2) Clerical amendment The table of sections of chapter 97 9706. Special assessments for Freedom From Influence Fund. . (c) Assessments relating to certain penalties under the Internal Revenue Code of 1986 (1) In general Chapter 68 D Special assessments for Freedom From Influence Fund 6761. Special assessments for Freedom From Influence Fund (a) In general Each person required to pay a covered penalty shall pay an additional amount equal to 4.75 percent of the amount of such penalty. (b) Covered penalty For purposes of this section, the term covered penalty (c) Exception for certain individuals (1) In general In the case of a taxpayer who is an individual, subsection (a) shall not apply to any covered penalty if such taxpayer is an exempt taxpayer for the taxable year for which such covered penalty is assessed. (2) Exempt taxpayer For purposes of this subsection, a taxpayer is an exempt taxpayer for any taxable year if the taxable income of such taxpayer for such taxable year does not exceed the dollar amount at which begins the highest rate bracket in effect under section 1 with respect to such taxpayer for such taxable year. (d) Application of certain rules Except as provided in subsection (e), the additional amount determined under subsection (a) shall be treated for purposes of this title in the same manner as the covered penalty to which such additional amount relates. (e) Transfer to Freedom From Influence Fund The Secretary shall deposit any additional amount under subsection (a) in the General Fund of the Treasury and shall transfer from such General Fund to the Freedom From Influence Fund established under section title III of the Empower Act of 2024 . (2) Clerical amendment The table of subchapters for chapter 68 of such Code is amended by adding at the end the following new item: Subchapter D—Special assessments for Freedom From Influence Fund . (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply with respect to convictions, agreements, and penalties which occur on or after the date of the enactment of this Act. (2) Assessments relating to certain penalties under the Internal Revenue Code of 1986 The amendments made by subsection (c) shall apply to covered penalties assessed after the date of the enactment of this Act. IV Effective Date 401. Effective date (a) In general Except as otherwise provided, this Act and the amendments made by this Act shall apply with respect to the Presidential election held in 2028 and each succeeding Presidential election, without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this Act and the amendments made by this Act by the deadline set forth in subsection (b). (b) Deadline for regulations Not later than June 30, 2026, the Federal Election Commission shall promulgate such regulations as may be necessary to carry out this Act and the amendments made by this Act.

Empower Act of 2024

South Asian Heart Health Awareness and Research Act of 2024 This bill authorizes the Centers for Disease Control and Prevention to award supplemental grants to states for heart-disease research and awareness among communities disproportionately affected by heart disease, including the South Asian population of the United States.

118 S3850 IS: South Asian Heart Health Awareness and Research Act of 2024 U.S. Senate 2024-02-29 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 2d Session S. 3850 IN THE SENATE OF THE UNITED STATES February 29, 2024 Mr. Booker Committee on Health, Education, Labor, and Pensions A BILL To provide for research and improvement of cardiovascular health among the South Asian population of the United States, and for other purposes. 1. Short title This Act may be cited as the South Asian Heart Health Awareness and Research Act of 2024 2. Heart health promotion grants (a) In general The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, may award supplemental grant funds to States receiving Federal funding for heart health activities. Such supplemental funds shall be used to promote awareness of the increasing prevalence of heart disease, including, where appropriate, its relationship to type 2 diabetes, in communities disproportionately affected by heart disease, such as South Asian communities in the United States. (b) Use of funds A State that receives supplemental grant funds under subsection (a) shall use such grant funds to— (1) develop culturally appropriate materials on evidence-based heart health promotion topics, such as nutrition education, optimal diet plans, and programs for regular exercise; (2) support heart health promotion activities of community organizations that work with or serve communities disproportionately affected by heart disease, such as South Asian communities in the United States; (3) support, with respect to research conducted relating to heart disease, conferences and workshops on how practices, methodologies, and designs of such research should be changed to include in such research more members of communities disproportionately affected by heart disease, such as South Asian communities in the United States; or (4) conduct or support research and related activities regarding cardiovascular disease, type 2 diabetes, and other heart health-related ailments among at-risk populations, including South Asian communities in the United States. (c) Report to Congress 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 Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on activities supported under subsection (a) and data relating to heart disease in communities disproportionately affected by heart disease. (d) Authorization of appropriations For purposes of carrying out this section, there is authorized to be appropriated $2,000,000 for each of fiscal years 2025 through 2029.

South Asian Heart Health Awareness and Research Act of 2024

Jamul Indian Village Land Transfer Act This bill takes approximately 172.1 acres of specified lands in San Diego, California, into trust for the benefit of the Jamul Indian Village of California. Land taken into trust shall be part of the tribe's reservation. The bill prohibits gaming on the land taken into trust.

118 S3857 IS: Jamul Indian Village Land Transfer Act U.S. Senate 2024-02-29 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 2d Session S. 3857 IN THE SENATE OF THE UNITED STATES February 29, 2024 Mr. Padilla Ms. Butler Committee on Indian Affairs A BILL To take certain land in the State of California into trust for the benefit of the Jamul Indian Village of California, and for other purposes. 1. Short title This Act may be cited as the Jamul Indian Village Land Transfer Act 2. Land to be taken into trust for the Jamul Indian Village of California (a) In general The approximately 172.1 acres of land owned in fee by the Jamul Indian Village of California located in San Diego, California, and described in subsection (b) are hereby taken into trust by the United States for the benefit of the Jamul Indian Village of California. (b) Land descriptions The land referred to in subsection (a) is the following: (1) Parcel 1 The parcels of land totaling approximately 161.23 acres, located in San Diego County, California, that are held in fee by the Jamul Indian Village of California, as legally described in Document No. 2022–0010260 in the Official Records of the Office of the Recorder, San Diego County, California, and recorded January 7, 2022. (2) Parcel 2 The parcel of land totaling approximately 6 acres, located in San Diego County, California, that is held in fee by the Jamul Indian Village of California, as legally described in Document No. 2021–0540770 in the Official Records of the Office of the Recorder, San Diego County, California, and recorded July 29, 2021. (3) Parcel 3 The parcel of land totaling approximately 4.03 acres, located in San Diego County, California, that is held in fee by the Jamul Indian Village of California, as legally described in Document No. 1998–0020339 in the Official Records of the Office of the Recorder, San Diego County, California, and recorded January 15, 1998. (4) Parcel 4 The parcel of land comprised of approximately 0.84 acres, located in San Diego County, California, that is held in fee by the Jamul Indian Village of California, as legally described in Document No. 2017–0410384 in the Official Records of the Office of the Recorder, San Diego County, California, and recorded September 7, 2017. (c) Administration Land taken into trust under subsection (a) shall be— (1) part of the reservation of the Jamul Indian Village of California; and (2) administered in accordance with the laws and regulations generally applicable to property held in trust by the United States for the benefit of an Indian Tribe. (d) Gaming prohibited Land taken into trust under subsection (a) shall not be used for any class II gaming or class III gaming under the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. 25 U.S.C. 2703

Jamul Indian Village Land Transfer Act

Canadian Snowbirds Act of 2023 This bill establishes a nonimmigrant visa for qualified Canadian citizens. The Department of Homeland Security may admit as a visitor a Canadian citizen who (1) is at least 50 years old, (2) maintains a residence in Canada, (3) owns a U.S. residence or has signed a rental agreement for the duration of the stay, (4) is not inadmissible or deportable under various provisions, (5) will not engage in U.S. employment except for services for the visitor's employer in Canada, and (6) will not seek U.S. assistance or benefits. Such visitors may be admitted for up to 240 days out of any single 365-day period.

118 S387 IS: Canadian Snowbirds 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. 387 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Rubio Mr. Scott of Florida Ms. Sinema Mr. Kelly Committee on Finance A BILL To amend the Immigration and Nationality Act to authorize admission of Canadian retirees as long-term visitors for pleasure described in section 101(a)(15)(B) of such Act, and for other purposes. 1. Short title This Act may be cited as the Canadian Snowbirds Act of 2023 2. Admission of Canadian retirees Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 (s) Canadian retirees (1) In general The Secretary of Homeland Security may admit an alien as a visitor described in section 101(a)(15)(B) if the alien demonstrates, to the satisfaction of the Secretary, that the alien— (A) is a citizen of Canada; (B) is at least 50 years of age; (C) maintains a residence in Canada; (D) owns a residence in the United States or has signed a rental agreement for accommodations in the United States for the duration of the alien’s intended stay in the United States; (E) is not inadmissible under section 212; (F) is not deportable under section 237; (G) is not otherwise removable under the immigration laws; (H) will not engage in employment or labor for hire in the United States other than employment or labor for hire for a person or entity not based in the United States by whom the Canadian citizen was employed in Canada or for whom the Canadian citizen performed services in Canada; and (I) will not seek any form of assistance, benefit, or credit described in section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613(a) (2) Spouse The spouse of an alien described in paragraph (1) may be admitted under the same terms as the principal alien if the spouse satisfies the requirements under paragraph (1) (other than subparagraph (D)). (3) Immigrant intent In determining eligibility for admission under this subsection, maintenance of a residence in the United States shall not be considered evidence of intent by the alien to abandon the alien’s residence in Canada. (4) Period of admission During any single 365-day period, an alien may be admitted under this subsection as a visitor for pleasure described in section 101(a)(15)(B) for a period not to exceed 240 days, beginning on the date of admission. Time spent outside of the United States during such period of admission shall not be counted for purposes of determining the termination date of such period. (5) Secretary’s discretion A decision by the Secretary of Homeland Security to withhold admission of an alien described in paragraph (1), or to withdraw an authorization of admission of such alien, shall be at the Secretary’s sole and unreviewable discretion under the immigration laws. . 3. Nonresident alien tax status Section 7701(b)(1)(B) (B) Nonresident alien An individual is a nonresident alien if such individual— (i) is not a citizen of the United States or a resident of the United States (as defined in subparagraph (A)), or (ii) is a Canadian citizen described in section 214(s) of the Immigration and Nationality Act ( 8 U.S.C. 1184(s) .

Canadian Snowbirds Act of 2023

Child Care for Every Community Act This bill provides funds to the Department of Health and Human Services (HHS) for an affordable child care and early learning program. Children who are not yet required to attend school may participate in the program regardless of family income, disability status, citizenship status, or employment of a family member. Under the program, HHS must support sponsors (e.g., states, local governments, tribal organizations, and nonprofit community organizations) that provide child care and early learning services for families. Families must pay a subsidized fee, based on their income, for the services. The fees are waived for children from families with incomes below 200% of the poverty line. The fees are capped at 7% of a family's income regardless of the family's income level.

118 S388 IS: Child Care for Every Community 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. 388 IN THE SENATE OF THE UNITED STATES February 9, 2023 Ms. Warren Mr. Padilla Mr. Markey Mr. Sanders Mr. Blumenthal Mr. Whitehouse Ms. Smith Mr. Wyden Mr. Booker Committee on Health, Education, Labor, and Pensions A BILL To establish universal child care and early learning programs. 1. Short title This Act may be cited as the Child Care for Every Community Act I Child care and early learning programs 101. Statement of purposes The purposes of this title are— (1) to provide all young children with a fair and full opportunity to reach their full potential, by establishing and expanding programs, to create universal, comprehensive child care and early learning programs that are available to all young children; (2) to ensure that families can access affordable, high-quality child care and early learning programs regardless of circumstance; (3) to promote the school readiness of all young children by enhancing their cognitive, social, emotional, and physical development— (A) in a learning environment that supports children's growth in language, literacy, mathematics, science, cognitive abilities, social and emotional functioning, creative arts, physical skills, and approaches to learning; and (B) through the provision to children and their families of health, educational, nutritional, social, and other services that are determined, based on family needs assessments, to be necessary; (4) to recognize and build upon the experience and success gained through the Head Start program, the military child care program, and similar efforts; (5) to provide that decisions on the nature of such child care and early learning programs be made at the community level with the full involvement of parents, family members, and other individuals and organizations in the community; and (6) to establish the legislative framework for child care and early learning services. 102. Definitions For purposes of this title: (1) Child care and early learning program The term child care and early learning program (2) Child with a disability The term child with a disability (A) a child with a disability, as defined in section 602(3) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401(3) (B) an infant or toddler with a disability, as defined in section 632(5) of such Act ( 20 U.S.C. 1432(5) (3) Community The term community (4) Covered child The term covered child (A) is not yet required to attend school, under the laws of compulsory school attendance of the State in which the child resides; and (B) meets the requirements of regulations issued under section 124. (5) Dual language learner The term dual language learner bilingual an English language learner limited English proficient an English learner language other than English (6) Family literacy services The term family literacy services (A) are family literacy services, as defined in section 637 of the Head Start Act ( 42 U.S.C. 9832 (B) meet the requirements of section 641A of such Act ( 42 U.S.C. 9836a (7) Financial assistance The term financial assistance (8) Full-working-day The term full-working-day (9) Health The term health (10) Homeless child The term homeless child 42 U.S.C. 11434a(2) (11) Indian The term Indian (A) a member of an Indian Tribe or band, as membership is defined by the Tribe or band, including— (i) any Tribe or band terminated since 1940; and (ii) any Tribe or band recognized by the State in which the Tribe or band resides; (B) a descendant of an individual described in subparagraph (A); (C) considered by the Secretary of the Interior to be an Indian for any purpose; (D) an Eskimo, Aleut, or other Alaska Native; or (E) a member of an organized Indian group that received a grant under the Indian Education Act of 1988 as in effect on October 19, 1994. (12) Indian Tribe The term Indian Tribe 25 U.S.C. 5131(a) (13) Institution of higher education The term institution of higher education 20 U.S.C. 1001(a) (14) Local educational agency The term local educational agency 20 U.S.C. 7801 (15) Locality The term locality (16) Low-income The term low-income (17) Migrant or seasonal child care and early learning program The term migrant or seasonal child care and early learning program (A) with respect to services for migrant farmworkers, a child care and early learning program that serves families who are engaged in agricultural labor and who have changed their residence from one geographic location to another in the preceding 2-year period; and (B) with respect to services for seasonal farmworkers, a child care and early learning program that serves families who are engaged primarily in seasonal agricultural labor and who have not changed their residence to another geographic location in the preceding 2-year period. (18) Military child care program The term military child care program chapter 88 (19) Native Hawaiian The term Native Hawaiian 20 U.S.C. 7517 (20) Poverty line The term poverty line (A) adjusted to reflect the percentage change in the Consumer Price Index For All Urban Consumers, issued by the Bureau of Labor Statistics, during the annual or other interval immediately preceding the date on which such adjustment is made; and (B) adjusted for family size. (21) Professional development The term professional development (22) Scientifically valid research The term scientifically valid research (23) Secretary The term Secretary (24) Stakeholder The term stakeholder (25) State The term State (A) a State, as defined in section 637 of the Head Start Act; and (B) the Republic of Palau— (i) for each of fiscal years 2024 through 2028; and (ii) (if legislation approving a new agreement regarding United States assistance for the Republic of Palau has not been enacted by September 30, 2026), for each subsequent fiscal year for which such legislation has not been enacted. (26) Tribal land The term Tribal land (27) Tribal organization The term Tribal organization (A) the recognized governing body of any Indian Tribe, and any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities, except that in any case where a contract is let or grant made to an organization to perform services benefitting more than one Indian Tribe, the approval of each such Indian Tribe shall be a prerequisite to the letting or making of such contract or grant; and (B) includes a Native Hawaiian organization, as defined in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 103. Authorization of appropriations; appropriations (a) Appropriations There are authorized to be appropriated and there are appropriated to carry out this title (other than the activities described in subsection (b)), including meeting the entitlement requirements of section 111(b), such sums as may be necessary. (b) Authorization of appropriations There is authorized to be appropriated to carry out activities under sections 135, 136, 137, 138, 151, 152, and such administrative activities as the Secretary determines to be necessary and appropriate to carry out this title, $500,000,000 for each of fiscal years 2024 through 2034. A Prime sponsors and providers 111. Financial assistance for child care and early learning programs (a) In general The Secretary shall provide financial assistance for carrying out child care and early learning programs under this title to prime sponsors, to provide family centered services to children to promote their development and learning, pursuant to plans and applications approved in accordance with the provisions of this title. (b) Entitlement Each covered child shall be entitled to participate in a child care and early learning program that meets the requirements of this title. The entitlement shall not be a capped entitlement. 112. Allocation of funds; payments (a) Allocation to activities The Secretary shall allocate the amounts appropriated for carrying out this title for any fiscal year after fiscal year 2023, in the following manner: (1) Child care and early learning programs The amount made available under section 103(a) shall be used for the purpose of providing financial assistance to carry out child care and early learning programs under this title for covered children, other than activities described in paragraph (2). (2) Administrative and enhancement activities Of the amounts appropriated under section 103(b)— (A) such portion, but not less than 50 percent, shall be used for the purpose of carrying out activities under sections 135 and 136 and such administrative activities as the Secretary determines to be necessary and appropriate to carry out this title; (B) such portion, but not less than 20 percent, shall be used for the purpose of carrying out activities under section 151; and (C) the remainder of such amounts shall be used for the purpose of carrying out activities under sections 137, 138, and 152. (3) Flexibility for emergency supplemental funding Notwithstanding paragraph (2), the Secretary may, after providing appropriate notice and written justification to Congress, redirect any amounts appropriated under section 103(b) as the Secretary determines to be necessary and appropriate to carry out section 151 for the purpose of carrying out activities under section 151. (b) Publication As soon as practicable after funds are appropriated under section 103(b) for any fiscal year, the Secretary shall publish in the Federal Register the amounts made available for that fiscal year to carry out each of the activities described in subsection (a)(2). (c) Payments (1) In general (A) Authority for payments In accordance with this subsection, the Secretary shall pay, from the allocation under subsection (a)(1), the Federal share of the costs of providing child care and early learning programs, in accordance with plans under sections 113 and 114 that have been approved as provided in this title. (B) Manner and timing for payments The Secretary may make such financial assistance as may be necessary to carry out this title. The Secretary may also withhold funds otherwise payable under this title in order to recover any amounts expended in the current or immediately prior fiscal year in violation of any provision of this title or any term or condition of financial assistance under this title. (2) Federal share (A) In general Except as provided in subparagraphs (B) and (C) and section 151, the Federal share of the costs of providing child care and early learning programs for covered children shall be no less than 90 percent. (B) Children of migrant and seasonal farmworkers The Secretary shall pay for 100 percent of the costs of providing child care and early learning programs for covered children of migrant and seasonal farmworkers under this title. (C) Native american children The Secretary shall pay each prime sponsor designated under section 113 for 100 percent of the costs of providing child care and early learning programs for covered children in Indian Tribes and Native Hawaiian covered children under this title. (D) Administrative amount When making a payment described in paragraph (1) to any prime sponsor for the Federal share of the costs of providing a child care and early learning program, the Secretary shall also make a payment to the prime sponsor of not more than 100 percent of the costs for staff and other administrative expenses of the prime sponsor, including such costs and expenses related to quality improvement (such as conducting monitoring and training) and operating the Child Care and Early Learning Council, but not to exceed an amount which is reasonable when compared with such costs and expenses for other prime sponsors. (3) Rate analysis (A) Process The Secretary shall, on the basis of recommendations by an committee of experts and stakeholders outside the Department of Health and Human Services, establish and implement a process for determining the costs described in paragraph (1)(A) and ensuring that the requirement of subparagraph (B) is met. (B) Sufficiency requirement The Secretary shall ensure that the Federal share determined under paragraph (2) is sufficient to ensure that a prime sponsor can meet all requirements under this title, including the national program standards under section 121, compensation provisions under section 136(b), and provisions relating to comprehensive services and access to services. (4) Non-Federal share (A) Sources The non-Federal share of the costs described in paragraph (1) may be provided through public or private funds (including labor union or employer contributions) and may be in cash or in kind, fairly evaluated, including facilities, goods, or services. (B) Fees from families Fees collected for services provided pursuant to section 114(j) may be used toward the non-Federal share. Such fees collected from a family may not exceed 7 percent of the family income, regardless of the number of children served from that family. (C) Excess contributions If, with respect to any fiscal year, a prime sponsor provides a non-Federal share, for any program that exceeds its requirements for such a share, such excess may be applied toward meeting the requirements for such a share for the subsequent fiscal year under this title. (d) Maintenance of effort No State or locality shall reduce its expenditures for child care and early learning programs (including home-based child care and early learning programs) because of financial assistance provided under this title. 113. Designation of prime sponsors (a) Authority To designate (1) Qualified entities In accordance with the provisions of this section, a State, locality, Indian Tribe, Tribal organization, or public or private nonprofit agency or organization, meeting the requirements of this title may be designated by the Secretary as a prime sponsor for the purpose of entering into arrangements to carry out child care and early learning programs under this title. (2) Prime sponsorship plans An entity may be designated by the Secretary as a prime sponsor for a period of fiscal years only pursuant to an application in the form of a prime sponsorship plan which was submitted by such entity and approved by the Secretary in accordance with the provisions of this title. At a minimum, the plan shall— (A) describe the service area to be served and how the program will be delivered; (B) provide a comprehensive child care and early learning plan, as described in section 114(b); (C) demonstrate that the entity has engaged with the community involved, including parents who might participate in such a child care and early learning program, family members of such parents, and other stakeholders, individuals, and organizations, in the community, to determine the need and interest for such a child care and early learning program in a service area, in a manner that takes into account a wide array of perspectives, especially those from marginalized populations; and (D) demonstrate that the entity has the authority under its charter or applicable law to receive and administer funds under this title, funds and contributions from private or public sources that may be used in support of a child care and early learning program, and funds under a Federal or State assistance program that may be so used. (3) Approval No prime sponsorship plan, or modification of the plan, submitted by an entity under this section shall be approved by the Secretary unless the Secretary determines, in accordance with regulations which the Secretary shall prescribe, that— (A) the local educational agency for the service area and other appropriate educational and training agencies and institutions have had an opportunity to submit comments to the entity and to the Secretary; (B) appropriate officials from Indian Tribes or Tribal organizations have had an opportunity to submit comments to the entity and to the Secretary; and (C) the Governor of the State has had an opportunity to submit comments to the entity and to the Secretary. (4) Joint submission In order to contribute to the effective administration of this title, the Secretary shall establish appropriate procedures to permit an entity described in subsection (a)(1) and a State to submit jointly a single comprehensive child care and early learning plan for the service areas the entity and State propose. If the Secretary approves such a plan, the Secretary may designate the entity as a prime sponsor, and the State as a prime sponsor, for the corresponding service areas. (b) Additional approval procedures (1) Locality over population threshold The Secretary shall approve a prime sponsorship plan submitted by a locality if— (A) the locality meets a population threshold determined by the Secretary, except that the Secretary may waive the population threshold if it creates a barrier to providing child care and early learning services in a service area of a specified type, such as a rural region; (B) the plan meets the requirements of subsection (a) and includes adequate provisions for carrying out child care and early learning programs in the area of such locality; and (C) the locality is a— (i) city; (ii) county; or (iii) other unit of general local government, including a local educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (2) Localities with common geographical area In the event that the area under the jurisdiction of a unit of general local government described in clause (i), (ii), (iii), or (iv) of paragraph (1)(C) includes any common geographical area with the geographical area covered by another such unit of general local government, the Secretary shall designate to serve such common area the unit of general local government that— (A) the Secretary determines has the capability of more effectively carrying out the purposes of this title with respect to such area; and (B) has submitted a plan which meets the requirements of subsection (a) and includes adequate provisions for carrying out child care and early learning programs in such area. (3) Localities (A) Submission by combination In the event that the Secretary determines that a locality does not meet the requirements for designation as a prime sponsor under this section, the Secretary shall take steps to encourage the submission of a prime sponsorship plan, covering the area of such locality, by a combination of localities which are adjoining and possess a sufficient commonality of interest. (B) Approval The Secretary shall approve a prime sponsorship plan submitted by such a combination of localities, if the Secretary determines that the plan so submitted meets the requirements of subsection (a) and includes adequate provisions for carrying out child care and early learning programs in the area covered by the combination of such localities. (4) Indian Tribes and Tribal organizations The Secretary shall approve a prime sponsorship plan submitted by an Indian Tribe or Tribal organization if the Secretary determines that the plan so submitted meets the requirements of subsection (a) and includes adequate provisions for carrying out child care and early learning programs in the area to be served. (5) States The Secretary shall approve a prime sponsorship plan submitted by a State if the Secretary determines that the plan so submitted— (A) meets the requirements of subsection (a); (B) includes adequate provisions for carrying out child care and early learning programs in the area to be served; (C) contains a commitment to coordinating the State's early childhood programs to create a cohesive system, for children from birth to entry into kindergarten, for providing child care and early learning services; (D) demonstrates that the State can deliver a child care and early learning program that ensures coverage of— (i) the entire State; or (ii) the portions of the State that are not proposed to be covered by other entities submitting applications under subsection (a)(2); and (E) demonstrates that the State can deliver such a program with sufficient local administration, governance, and input. (6) Two phases of application review (A) In general The Secretary shall establish two phases of review for applications in the form of prime sponsorship plans. Entities submitting such applications for the first phase of review shall be given preference for designation under subsection (a). (B) First phase States, Indian Tribes, Tribal organizations, entities applying to carry out migrant or seasonal child care and early learning programs, and entities and States submitting applications jointly may submit applications described in subparagraph (A) for the first phase of application review. (C) Second phase Localities, public or private nonprofit agencies or organizations, and entities described in subparagraph (B) may submit applications described in subparagraph (A) for the second phase of application review. (D) Priority During each phase of application review, the Secretary shall give priority to applications describing programs that will serve a significant number of low-income children, children with disabilities, dual language learner children, homeless children, or children in foster care, or will offer child care and early learning services during nonstandard hours. (c) Disapproval; withdrawal of approval A prime sponsorship plan submitted under this section may be disapproved or a prior designation of a prime sponsor may be withdrawn only if the Secretary, in accordance with regulations which the Secretary shall prescribe, has provided— (1) written notice of intention to disapprove such plan or withdraw such designation, including a statement of the reasons; (2) a reasonable time in which to submit corrective amendments to such plan or undertake other necessary corrective action; and (3) an opportunity for a public hearing upon which basis an appeal to the Secretary may be taken as of right. (d) Unserved areas From amounts allocated under section 103(b) in the event that a prime sponsorship plan has not been submitted or approved, if a prime sponsor designation has been withdrawn, or if the needs of seasonal and migrant farmworkers, minority groups, or low-income individuals are not being met, for a service area, the Secretary shall develop and implement a program of outreach to identify a prime sponsor. If necessary, the Secretary may enter into an agreement with an organization, such as a national nonprofit organization, to serve as the prime sponsor for such an area. The Secretary shall meet the requirements described in subsection (g) before entering into the agreement. (e) Designation renewal (1) Designation renewal A prime sponsor shall obtain renewal of the designation of the prime sponsor not more frequently than every 3 years and not less frequently than every 5 years. (2) System for designation renewal The Secretary shall develop a system for prime sponsors to renew their designation, under which the Secretary shall determine if a prime sponsor is delivering a high-quality and comprehensive child care and early learning program that meets the health, educational, nutritional, and social needs of the children and families it serves, and meets program and financial management requirements and standards described in section 121(a), and governance and legal requirements. (f) Prohibition against entities other than Indian tribes or tribal organizations receiving a grant for a child care and early learning program on Indian land (1) In general Notwithstanding any other provision of law, except as provided in paragraph (2), under no condition may an entity other than an Indian Tribe or Tribal organization receive a grant to carry out a child care and early learning program on Tribal land. (2) Exceptions (A) No Indian tribe or tribal organization available In a service area in which there is no Indian Tribe or Tribal organization available for designation to carry out an child care and early learning program on Indian land, an entity that is not a Tribal organization may receive a grant to carry out an child care and early learning program on Indian land, but only until such time as an Indian Tribe or Tribal organization in such service area becomes available and is designated pursuant to this section. (B) Joint prime sponsors For a service area that consists of any non-reservation Indian land, if the Indian Tribe or Tribal organization involved is not interested in serving or does not have the capacity to serve the entire service area, the Indian Tribe or Tribal organization may work with another prime sponsor to jointly serve as prime sponsors for the service area. (g) Family, child care worker, and community participation The Secretary shall— (1) significantly involve parents, family members, family child care home providers, child care and early learning staff, labor unions, and community residents in the service area for the program involved, in the process for designation of prime sponsors; and (2) ensure that the persons selected to be involved in that process shall reflect the diversity of the service area, with respect to income, culture, race and ethnicity, language, and status as a migrant or seasonal farmworker, Indian, or Native Hawaiian. 114. Powers and functions of prime sponsors (a) Authority If an entity has been designated as a prime sponsor under this title— (1) the entity may receive and administer funds under this title, funds and contributions from private or local public sources that may be used in support of a child care and early learning program, and funds under a Federal or State assistance program related to the provision of child care and early learning services; (2) the entity may transfer funds so received, and delegate powers to other agencies, subject to the powers of its governing board and its overall program responsibilities; (3) the entity's power to transfer funds and delegate powers shall include the power to make transfers and delegations for services in all cases where the transfers and delegations will contribute to efficiency and effectiveness or otherwise further program objectives; and (4) the entity may set up a process to negotiate wages, benefits, hours, and working conditions of teachers and other staff in the corresponding child care and early learning program. (b) Comprehensive child care and early learning plans (1) In general Financial assistance under this title may be provided by the Secretary to an entity that is a prime sponsor designated pursuant to section 113 only pursuant to an application in the form of a comprehensive child care and early learning plan which was submitted annually by such entity and approved by the Secretary in accordance with the provisions of this title. (2) Contents Any such plan shall set forth a comprehensive proposal, for providing child care and early learning services in the service area, which— (A) assesses all child care and early learning needs and goals within the area and the applicant's proposal for addressing those needs; (B) describes the demographic and economic data and other criteria the prime sponsor proposes to use to determine whether a community is in particular need of child care; (C) identifies specific communities determined to be in particular need of child care, where such communities are located, the size and scope of such areas, and the age groups of children in need of child care in such areas; (D) describes how the prime sponsor will increase the child care supply, quality, and affordability for all families in communities of particular need, which may include providing start-up funding, technical assistance, training and professional development for the child care workforce, enhanced compensation, and other activities; (E) describes how the prime sponsor will provide comprehensive health, mental health, education, parental or family member involvement, nutritional, social, and other services for the children that need child care and early learning services, including appropriate screening and referrals for children with challenging behaviors and other mental health needs; (F) provides that services are full-working-day and full calendar year long, and ensures that the available hours of services are responsive to the needs of families in the service area, including, as appropriate, nonstandard hour care; (G) describes how the prime sponsor will guarantee all children in the service area access to the child care and early learning program and use funds provided under section 112(a)(1) for child care and early learning services; (H) describes how the prime sponsor will promote children’s mental health, social and emotional well-being, and overall health, by providing supports for positive learning environments for the children, including— (i) strategies for supporting children with challenging behaviors and other social, emotional, and mental health concerns; and (ii) teacher training and mental health consultations for both staff and children of the child care and early learning program; (I) includes a policy on suspension and expulsion that— (i) prohibits or severely limits the use of suspension due to a child’s behavior and ensures suspensions are only temporary in nature; (ii) prohibits expelling or unenrolling a child from the program because of the child’s behavior; and (iii) provides that, in the case of a child exhibiting persistent and serious challenging behaviors, the program provider will— (I) explore all possible steps and document all steps taken to address such behaviors; (II) make efforts to facilitate the child’s safe participation in the program; and (III) after taking the steps described in subclauses (I) and (II), if the provider determines, in consultation with parents and other professionals, that the program is not the most appropriate placement for the child, work with the parents to directly facilitate the transition of the child to a more appropriate placement; (J) provides that funds received under section 112(a)(1) will be used for a child care and early learning program for covered children; (K) describes how, in the case of a prime sponsor located within or adjacent to a metropolitan area, the prime sponsor will coordinate activities with other prime sponsors located within such metropolitan area; (L) provides that, to the extent feasible, the child care and early learning program will include children from a range of socioeconomic backgrounds, and that children will have access to all child care and early learning service providers in the service area, with priority given to the provider preferences stated by the parents and family members of low-income children; (M) ensures that, where socioeconomic diversity of children among providers in the service area cannot be achieved, the share of program costs not covered through the Federal share or program fees does not fall on a single provider or a subset of providers within the service area; (N) provides that services will be culturally, linguistically, and developmentally appropriate; (O) provides that services will take into account the unique needs of communities, families, and children in the service area, including low-income children, children with incarcerated parents, homeless children, and children who are dual language learners; (P) describes a system for offering child care and early learning options, for facilitating the selection of such an option, and for enrollment of children, which may include establishing and operating a website for families; (Q) describes how the prime sponsor will conduct outreach to all families in the service area and referrals, using the appropriate medium for families who speak a language other than English; (R) provides equitably for the child care and early learning needs of all covered children within the service area, and promotes equity and addresses disparities in the provision of services, including equity and disparities related to income, culture, race and ethnicity, language, or status as a child of a migrant or seasonal farmworker, as a child belonging to an Indian Tribe, or as a Native Hawaiian child; (S) provides, insofar as possible, for coordination of the child care and early learning program with other social programs; (T) provides for— (i) direct participation of parents, family members, and child care and early learning program staff, including teachers and paraprofessionals, in the conduct of overall direction of, decisionmaking for, and evaluation of the child care and early learning program; and (ii) sufficient support for the persons described in clause (i) to participate in the activities described in clause (i); (U) provides to the extent feasible for the employment as both professionals and paraprofessionals of residents in the service area in a way that takes into account the cultural, racial and ethnic, and linguistic diversity of the families served; (V) includes to the extent feasible a career development plan for paraprofessional and professional training, education, and advancement on a career ladder; (W) provides that, insofar as possible, persons residing in the service area will receive jobs, including in-home and part-time jobs, and opportunities for training in programs under sections 135 and 136, with special consideration for career opportunities for low-income individuals; (X) provides for the regular and frequent dissemination of information in the language of workers and those to be served, to assure that parents, family members, and interested persons in the service area are fully informed of services available through the child care and early learning program, and of the activities of the prime sponsor’s Child Care and Early Learning Council; (Y) provides for coordination with administrators of programs and services that are related to child care and early learning programs and services and that are not funded through this title, including programs conducted under the auspices of or with the support of business or financial institutions or organizations, industry, labor unions, employee or labor-management organizations, or other community groups; (Z) as applicable, describes any arrangements for the delegation, under the supervision of the Child Care and Early Learning Council, to public or private agencies or organizations, of responsibilities for the delivery of child care and early learning services for which financial assistance is provided under this title or for planning or evaluation services to be made available with respect to a child care and early learning program under this title; (AA) contains plans for regularly conducting surveys and analyses of needs for the child care and early learning program in the service area and for submitting to the Secretary a comprehensive annual report and evaluation in such form and containing such information as the Secretary shall require by regulation; (BB) provides that— (i) services for children with disabilities at the State, Tribal, and local levels will be available, in the child care and early learning program approved under the plan; and (ii) formal linkages are in place between the program and providers of early intervention services for infants and toddlers with disabilities; (CC) provides assurances satisfactory to the Secretary that the non-Federal share requirements described in section 112(c) will be met; (DD) provides for such fiscal control, fiscal staffing, and funding accounting procedures as the Secretary may prescribe to assure proper disbursement of and accounting for Federal funds paid to the prime sponsor; (EE) provides that the child care and early learning program, or services within the program, under this title shall be provided only for children whose parents or legal guardians have requested the services; (FF) sets forth satisfactory provisions for establishing, consistent with subsection (d)(1), and maintaining a Child Care and Early Learning Council which meets the requirements of subsection (d); (GG) provides verification that the sponsor and its delegate providers— (i) will recognize and bargain with labor unions representing family child care home providers, teachers and other staff of child care and early learning programs in order to meet the requirements set forth in section 136 and for other purposes; and (ii) will not assist in, promote, or deter labor union organizing; (HH) provides an annual technical assistance and training plan; (II) provides for collection and reporting of program performance data in both an aggregate form and disaggregated by family income, culture, race and ethnicity, and primary language; (JJ) documents a written affirmation, signed by the appropriate officials from Indian Tribes or Tribal organizations approved by the Tribes or Native Hawaiian groups, which recognizes that the prime sponsor has engaged in timely and meaningful consultation with the appropriate officials from Indian Tribes or Tribal organizations if— (i) a program is being operated on or near an Indian reservation, or if more than 15 percent of children enrolled in the program are Indians or Native Hawaiians; and (ii) the prime sponsor is not an Indian Tribe or Tribal organization; (KK) provides that services will be provided with a holistic and multi-generational approach that includes promoting the well-being of pregnant women and engaging expectant parents during prenatal and early months; (LL) describes how the sponsor will ensure that key workplace protections and rights, similar to the protections and rights specified in the National Labor Relations Act ( 29 U.S.C. 151 et seq. (MM) describes how the sponsor will implement a process in which, through their labor unions, family child care home providers and child care and early learning center staff participate in a collective process to set wages, benefits, hours, and minimum standards for working conditions; (NN) describes how the sponsor will ensure that family child care home providers, including teachers and other staff of family child care home providers, and teachers and other staff at a child care and early learning center (including employees of a delegate provider) are paid compensation that meets the requirements of section 136(b); (OO) provides that the sponsor will provide teachers and other staff with supports that are high-quality, research-based, and rooted in adult learning theory; (PP) provides that the program will be accessible to, and that staff will receive training on working with, children with disabilities and parents with disabilities; (QQ) describes how the prime sponsor will award financial assistance to delegate providers, consistent with the requirements under this section, for the provision of child care and early learning services for children under this section that, at a minimum, supports— (i) the providers’ operating expenses to meet and sustain compliance with health, safety, quality, and wage standards required under this section; and (ii) services to address underserved populations described in section 137(a)(4); and (RR) meets any other requirements or provides any information the Secretary requires by regulation. (c) Uses The Secretary shall provide the financial assistance to a prime sponsor, for the planning, conduct, administration, and evaluation of a child care and early learning program that delivers services in accordance with the requirements of the comprehensive child care and early learning plan specified under subsection (b), and for implementing the following activities: (1) (A) Provide for family member and community involvement, including the involvement of parents, family members, community residents, current or future staff of a child care and early learning program, and local businesses, in the design and implementation of the program. (B) The prime sponsor shall— (i) provide for the involvement in a manner that recognizes parents and family members as their children’s primary teachers and nurturers; and (ii) implement intentional strategies to engage parents and family members in their children’s learning and development and support parent-child relationships. (2) Provide for implementing additional activities, other than the activities described in paragraph (1), that the Secretary determines to be appropriate by regulation, which additional activities may include— (A) activities to support family well-being related to family safety, health, and economic stability, including substance abuse counseling (either directly or through referral to local entities), which may include providing information on the effect of prenatal exposure to drugs and alcohol; and (B) other activities designed to facilitate a partnership in the program with parents in supporting the development and early learning of their child, including providing— (i) training in basic child care and early learning (including cognitive, social, and emotional development); (ii) assistance in developing adult or family literacy and communication skills; (iii) opportunities to share experiences with other parents (including parent-mentor relationships); (iv) health services, including information on maternal depression and mental health; (v) regular in-home or virtual visitation; or (vi) family literacy services. (3) Provide, with respect to each participating family, a family needs assessment that includes consultation with the parents (including, in this paragraph, foster parents, grandparents, and kinship caregivers, where applicable) in the family’s preferred language or through an interpreter, to the extent practicable, and ensure parents have the opportunity to share personal information in an environment in which the parents feel safe. (4) Provide to parents of dual language learners outreach and information, in an understandable and uniform format and, to the extent practicable, in a language that the parents can understand. (5) Promote the continued partnership in the program of the parents (including, in this paragraph, foster parents, grandparents, and kinship caregivers, as appropriate) of children that participate in child care and early learning programs in the education of their children upon transition of their children to school, by working with the local educational agency— (A) to implement strategies and activities, including providing information and training to the parents— (i) to help parents advocate for and promote successful transitions to kindergarten for their children, including helping parents continue to be involved in the education and development of their child, and to help parents understand and prepare to exercise their rights and responsibilities concerning the education of their children; (ii) in the case of parents with children who receive services under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 (iii) to prepare parents— (I) to understand and work with schools in order to communicate with teachers and other school personnel; (II) to continue to support their children's learning, in an elementary school setting; and (III) to participate as appropriate in decisions relating to the education of their children and advocate for their children's needs; and (B) to advocate for the local educational agency to ensure that schools have a process in place to take other actions, as appropriate and feasible, to support the active involvement of the parents with schools, school personnel, and school-related organizations. (6) Establish effective procedures for timely referral of children with disabilities to the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 (7) Establish effective procedures— (A) for providing necessary early intervention services and special education and related services to children with developmental delays and disabilities prior to an eligibility determination by the State or local agency responsible for providing services under section 619 or part C of such Act; and (B) in the case of a child for whom an evaluation determines that the child is not eligible for early intervention services or special education and related services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 (8) Ensure that each family with a covered child who requests a placement receives one in the service area and, in making the placement, recognize and take into account the family’s needs regarding setting (such as a family child care home or center-based setting), cultural and linguistic preferences, operating schedule, and preferences on location. (9) Provide both center-based and family child care home options for child care and early learning services to families. (d) Program governance (1) Advisory council Upon receiving designation as a prime sponsor, the prime sponsor shall establish a Child Care and Early Learning Advisory Council (referred to in this section as a Council (2) State council In the event that the prime sponsor is a State, the Council shall coordinate activities with the State Advisory Council on Early Childhood Education and Care designated or established under section 642B(b) in the Head Start Act ( 42 U.S.C. 9837b(b) (3) Overall composition (A) In general The Secretary shall establish the composition requirements for the Council ensuring that the Council has representation of— (i) parents or family members of children served by child care and early learning programs; (ii) staff and providers of child care and early learning programs, or their representatives; and (iii) other relevant stakeholders. (B) Representation Members of the Council shall reflect the population served by the prime sponsor, with respect to income, culture, race and ethnicity, language, and status as a migrant or seasonal farmworker, Indian, or Native Hawaiian. (4) Chairperson Each Council shall select its own chairperson, from among the members of the Council. (5) Conflict of interest (A) In general Members of the Council shall— (i) not have a financial conflict of interest with the prime sponsor; (ii) not receive compensation for serving on the Council or for providing services to the prime sponsor; (iii) not be employed, nor shall members of their immediate family be employed, by a prime sponsor in the service area; and (iv) as a Council, operate as an entity independent of staff employed by the prime sponsor. (B) Exception If an individual holds a position as a result of public election or political appointment, and such position carries with it a concurrent appointment to serve as a member of a Council, and such individual has any conflict of interest described in clause (ii) or (iii) of subparagraph (A)— (i) such individual shall not be prohibited from serving on such body and the Council shall report such conflict to the Secretary; and (ii) if the position held as a result of public election or political appointment provides compensation, such individual shall not be prohibited from receiving such compensation. (6) Responsibilities The Council shall provide regular advice and guidance to the prime sponsor on the basic goals, policies, actions, and procedures, at a basic level, for the prime sponsor relating to the child care and early learning program involved, including policies with respect to planning, general supervision and oversight, overall coordination, personnel, budgeting, funding, and monitoring and evaluation, of the programs. (e) Program governance administration (1) Impasse policies The Secretary shall develop policies, procedures, and guidance for prime sponsors concerning the resolution of internal disputes, including any impasse in the governance of child care and early learning programs. (2) Conduct of responsibilities Each prime sponsor shall ensure the sharing of accurate and regular information for use by the Council, about program planning, policies, and operations. (3) Training and technical assistance Appropriate training and technical assistance shall be provided to the members of the Council to ensure that the members understand the information the members receive and can effectively oversee and participate in the child care and early learning program of the prime sponsor. (f) Collaboration and coordination On receiving designation as a prime sponsor, the prime sponsor shall ensure that the child care and early learning program is implemented in a way that promotes collaboration and coordination with public and private entities, to the maximum extent practicable, to improve the availability and quality of services to children and families, including implementing each of the following activities: (1) Conduct outreach to schools in which children participating in the child care and early learning program will enroll following the program, local educational agencies, the local business community, community-based organizations, faith-based organizations, museums, health care providers, and libraries to generate support and leverage the resources of the entire local community in order to improve school readiness. (2) Coordinate activities and collaborate with entities (including providers) carrying out programs under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9857 et seq. 42 U.S.C. 5106a 42 U.S.C. 621 et seq. 42 U.S.C. 11431 et seq. 20 U.S.C. 1419 42 U.S.C. 9831 et seq. (3) Take steps to coordinate activities with the local educational agency serving the service area involved and with schools in which children participating in the child care and early learning program will enroll following the program, including— (A) collaborating on the shared use of transportation and facilities, in appropriate cases; (B) collaborating to reduce the duplication and enhance the efficiency of services while increasing the program participation; and (C) exchanging information on the provision of noneducational services. (4) If there is a public preschool program in the service area that is not a prime sponsor nor a participant in the child care and early learning program, enter into a memorandum of understanding with the local entity responsible for managing the preschool program, not later than 1 year after the date of enactment of this Act, that shall— (A) (i) provide for a review of each of the activities described in clause (ii); and (ii) include plans to coordinate, as appropriate, activities regarding— (I) educational activities, curricular objectives, and instruction; (II) public information dissemination and access to programs for families contacting the child care and early learning program or the preschool program; (III) selection priorities for eligible children to be served by the child care and early learning program or any of the preschool programs; (IV) service areas; (V) staff training, including opportunities for joint staff training on topics such as academic content standards, instructional methods, curricula, and social and emotional development; (VI) program technical assistance; (VII) provision of additional services to meet the needs of parents or family members, as applicable; (VIII) communications and outreach to parents and family members for smooth transitions to kindergarten as required in paragraphs (3) and (6) of section 122(a); (IX) provision and use of facilities, transportation, and other program elements; and (X) other elements mutually agreed to by the parties to such memorandum; (B) be submitted to the Secretary and the State Director of Child Care and Early Learning Program Collaboration not later than 30 days after the parties enter into such memorandum; and (C) be revised periodically and renewed biennially by the parties to such memorandum, in alignment with the beginning of the school year. The requirements of the preceding sentence shall not apply where the local entity responsible for managing the public preschool program is unable or unwilling to enter into such a memorandum, and the prime sponsor shall inform the Secretary and the State Director of Child Care and Early Learning Program Collaboration of such inability or unwillingness. (g) Standards, curricula, and assessment On receiving designation as a prime sponsor, the prime sponsor shall ensure that the child care and early learning program will— (1) take steps to ensure, to the maximum extent practicable, that children maintain the developmental and educational gains achieved and build upon such gains in further schooling; (2) meet the national program standards set forth in section 121(a); (3) implement a research-based early childhood curriculum that— (A) promotes young children’s school readiness in the areas listed in section 121(a)(4)(A)(ii); (B) is based on scientifically valid research and has standardized training procedures and curriculum materials to support implementation; (C) is comprehensive and linked to an ongoing assessment and aligned with State early learning standards, within the meaning of section 637 of the Head Start Act ( 42 U.S.C. 9832 (D) is focused on improving the learning environment, teaching practices, parent and family member involvement, and child outcomes across all areas of development; (4) implement effective interventions and support services that help promote the school readiness of children participating in the child care and early learning program involved; (5) use research-based assessment methods, including such methods that provide proven results regardless of culture, race or ethnicity, or language spoken at home, in order to support the educational instruction and school readiness of children in the program; (6) use research-based developmental screening tools that have been demonstrated to be— (A) standardized, reliable, valid, and accurate for the child being assessed, to the maximum extent practicable; and (B) age, developmentally, culturally, and linguistically appropriate, for the child and, if relevant, appropriate for children with disabilities; (7) adopt, in consultation with experts in child care and early learning and with classroom teachers, a non-punitive evaluation to assess classroom teachers and to inform professional development plans, as appropriate, that leads to improved teacher effectiveness; (8) establish goals and measurable objectives for the provision of health, educational, nutritional, social services, and other services provided under this title and related to the program mission and to promoting school readiness; (9) develop procedures for identifying and promoting the language knowledge and skills of dual language learner children; and (10) not use funds to develop or implement an assessment for children that— (A) will be used as the sole basis for a child care and early learning provider being determined to be ineligible to participate in the program carried out under this title; (B) will be used as the primary or sole basis for providing a reward or sanction for an individual provider; (C) will be used as the primary or sole basis for assessing program effectiveness; or (D) will be used to deny children eligibility to participate in the program carried out under this title. (h) Exceptions Nothing in this title shall preclude a State from using a single assessment (as determined by the State) for children for— (1) supporting learning or improving a classroom environment; (2) targeting professional development to a provider; (3) determining the need for health, mental health, disability, developmental delay, or family support services; (4) obtaining information for the quality improvement process at the State level; or (5) conducting a program evaluation for the purposes of improving the program and providing information to parents. (i) Funded enrollment Each prime sponsor shall enroll 100 percent of its funded enrollment, with ongoing outreach to the community and activities to identify underserved populations. (j) Sliding fee scale (1) In general With respect to child care and early learning services provided through the program, a prime sponsor— (A) shall not charge a fee with respect to any low-income child; and (B) may charge a fee with respect to any child who is not a low-income child, in accordance with the sliding fee scale described in paragraph (2) and subject to paragraphs (3) and (4). (2) Sliding fee scale A fee under this subsection shall be charged, in a State, based on a sliding fee scale as follows: (A) With respect to a child who is in a family with a family income that is more than 75 percent of the State median income but not more than 87.5 percent of the State median income, the fee under this subsection shall not exceed 1 percent of the family income. (B) With respect to a child who is in a family with a family income that is more than 87.5 percent of the State median income but not more than 100 percent of the State median income, the fee under this subsection shall not exceed 2 percent of the family income. (C) With respect to a child who is in a family with a family income that is more than 100 percent of the State median income but not more than 112.5 percent of the State median income, the fee under this subsection shall not exceed 3 percent of the family income. (D) With respect to a child who is in a family with a family income that is more than 112.5 percent of the State median income but not more than 125 percent of the State median income, the fee under this subsection shall not exceed 4 percent of the family income. (E) With respect to a child who is in a family with a family income that is more than 125 percent of the State median income but not more than 137.5 percent of the State median income, the fee under this subsection shall not exceed 5 percent of the family income. (F) With respect to a child who is in a family with a family income that is more than 137.5 percent of the State median income but not more than 150 percent of the State median income, the fee under this subsection shall not exceed 6 percent of the family income. (G) With respect to a child who is in a family with a family income that is more than 150 percent of the State median income, the fee under this subsection shall not exceed 7 percent of the family income. (3) Limitation With respect to a child who is in a family with a family income described in either of subparagraph (A) or (B) of paragraph (2), the fee charged per day under this subsection shall not exceed 2 percent of the family income, divided by 52, and then divided by 5, irrespective of the number of days of care provided per week. (4) Fee percentage applicable regardless of number of children served The total fee for a family that is subject to the fee under this subsection and has more than 1 child served through the program— (A) may increase as the family enters the second or a further child in the program; but (B) may not be greater than the fee allowed under paragraphs (2) and (3). (k) Parent boards The prime sponsor shall require the establishment, at each child care and early learning center, of a board of parents, to be composed of parents and family members of children attending the center. The board shall meet periodically with staff of the center for the purpose of discussing problems and concerns. (l) Rules of construction Nothing in this title shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to staff of child care and early learning programs or delegate providers, or employees of public schools, or local educational agencies, under Federal, State, Tribal, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such staff or employees, and the corresponding program, provider, school, or agency. 115. Delegate providers (a) In general A prime sponsor may use financial assistance made available under section 112(a)(1) to enter into an agreement with a delegate provider to carry out services as part of the child care and early learning program. (b) Application To be able to receive financial assistance under subsection (a) for a fiscal year as a delegate provider to carry out services as part of the child care and early learning program, a public or private agency or organization shall submit a delegate provider application to a prime sponsor, at such time and in such manner as the prime sponsor may require, that provides— (1) that the delegate provider applicant is an entity that is a locality, local educational agency, faith-based organization, public or private nonprofit or for-profit agency or organization, family child care network or association, employer or business organization, labor union, employee or labor-management organization, home-based child care provider, or public or private educational agency or institution; and (2) that the entity will provide for such fiscal control and fund accounting procedures as the Secretary shall prescribe to assure proper disbursement of and accounting for Federal funds. (c) Approval A delegate provider application may be approved by a prime sponsor upon its determination that such application meets the requirements of this section and that the services to be provided will otherwise further the objectives and satisfy the appropriate provisions of the prime sponsor’s child care and early learning plan as approved pursuant to section 114. On approval of the application, the entity shall be considered to be a delegate provider, for purposes of this title. (d) Family and community involvement Prime sponsors shall involve parents, family members, and community members in the selection process of delegate providers. B Standards 121. National program standards, monitoring of child care and early learning programs (a) Standards for child care and early learning services (1) Issuance (A) National program standards Within 18 months after the date of enactment of this Act, the Secretary shall, after consultation with other Federal agencies, and on the basis of the recommendations of the Committee established pursuant to paragraph (3), issue a common set of national program standards which shall be applicable to all prime sponsors, with respect to their child care and early learning programs providing child care and early learning services with financial assistance under this title, to be known as the Federal Standards for Child Care and Early Learning Services (B) Baseline for knowledge, skills, and competencies The standards shall establish a baseline threshold for knowledge, skills, and competencies for child care and early learning teachers and staff that— (i) shall be aligned with compensation levels; (ii) shall be phased in; and (iii) shall be determined by the Secretary to be in alignment with the knowledge, skills, and competency expectations of the child care and early learning, or early childhood education, profession. (2) Comprehensiveness As appropriate and practicable, the Secretary shall make efforts to ensure that the Federal Standards for Child Care and Early Learning Services are as comprehensive as the Head Start program performance standards in section 641A(a) of the Head Start Act ( 42 U.S.C. 9836a(a) (3) Special committee (A) Appointment The Secretary shall, within 60 days after the date of enactment of this Act, appoint a Special Committee on Federal Standards for Child Care and Early Learning Services. (B) Composition The Committee shall include— (i) parents or legal guardians of children participating in child care and early learning programs; (ii) representatives of prime sponsors carrying out child care and early learning programs; (iii) representatives of staff of child care and early learning programs, including teachers; (iv) representatives of Indian Tribes and Tribal organizations carrying out child care and early learning programs on Indian land; (v) representatives of family child care home providers, staff and employers for center-based child care and early learning programs, and family child care home providers in child care and early learning programs; and (vi) specialists covering the areas of child care and early learning quality, workforce preparation, working conditions, and wages, and early childhood development. (C) Diversity The Secretary shall ensure that the membership of the Committee is diverse with regard to culture, race and ethnicity, and language. (D) Duties Such Committee shall recommend Federal Standards for Child Care and Early Learning Services and modifications of such standards as provided in paragraph (1). (4) Content of standards The standards shall include— (A) performance standards with respect to services required to be provided, including health, nutritional, and social services, and other services, including parental and family member involvement services and transition activities described in section 122; (B) scientifically based and developmentally appropriate early development and learning performance standards related to school readiness to ensure that the children participating in the child care and early learning program, at a minimum, develop, as developmentally appropriate, and demonstrate— (i) language knowledge and skills, including oral language and listening comprehension; (ii) literacy knowledge and skills, including phonological awareness, print awareness and skills, and alphabetic knowledge; (iii) mathematics knowledge and skills; (iv) science knowledge and skills; (v) cognitive abilities that support academic achievement and child care and early learning; (vi) approaches to learning related to child care and early learning; (vii) social and emotional development sufficient to be a foundation for early learning, school success, and social problem-solving; (viii) creative arts expression; (ix) physical development; and (x) in the case of dual language learner children, progress toward language knowledge and development, including progress made through the use of culturally and linguistically appropriate instructional services; (C) administrative and financial management standards; (D) standards relating to the condition and location of facilities (including indoor air quality assessment standards, where appropriate) for such prime sponsors, including regulations that require that the facilities used for child care and early learning programs for regularly scheduled center-based and combination program option classroom activities— (i) shall meet or exceed State and local requirements concerning licensing for such facilities; and (ii) shall be accessible by State and local authorities for purposes of monitoring and ensuring compliance, unless State or local laws prohibit such access; (E) standards related to the work environment, including standards for the health and safety, and well-being, of teachers and other staff in the child care and early learning programs; and (F) such other standards as the Secretary finds to be appropriate. (5) Considerations regarding standards In developing standards required under paragraph (1), the Secretary shall— (A) consult with experts in the fields of child care and early learning, early childhood education, child health care, family services (including linguistically and culturally appropriate services to dual language learner children and their families), administration, and financial management, and with persons with experience in the operation of child care and early learning programs; (B) take into consideration— (i) past experience with use of the standards in effect under the Head Start Act ( 42 U.S.C. 9831 et seq. (ii) developments concerning research-based practices with respect to early childhood education and development, children with disabilities, homeless children, children in foster care, and family services, and best practices with respect to program administration and financial management; (iii) appropriateness of standards for prime sponsors with respect to their programs, recognizing differences in types of settings (including center-based and home-based settings), geography of the service area, and the culture, language, and age distribution of the children served; (iv) projected needs of expanding child care and early learning programs; (v) guidelines and standards that promote child health and physical development, including participation in outdoor activity that supports children’s motor development and overall health and nutrition; (vi) changes in the characteristics of the population of children who are accessing child care and early learning programs, including country of origin, language background, and family structure of such children, and changes in the population and number of such children who are in foster care or are homeless children; (vii) mechanisms to ensure that children participating in child care and early learning programs make a successful transition to the schools that the children will be attending; (viii) the need for prime sponsors to maintain regular communications with parents and family members, including conducting periodic meetings to discuss the progress of individual children in child care and early learning programs; (ix) the unique challenges faced by individual programs, including those programs that are seasonal or short-term and those programs that serve rural populations; (x) the degree to which standards are streamlined and minimize administrative burdens on child care and early learning program providers; (xi) the depth of demonstrated skills, experiences, and linguistic, cultural, and racial and ethnic, diversity of providers for child care and early learning programs; and (xii) the input of parents and family members; (C) (i) review and revise as necessary the standards in effect under this subsection; and (ii) ensure that any such revisions in the standards will not result in the elimination of or any reduction in quality, scope, or types of health, educational, nutritional, social, or other services, including parental and family member involvement services, required to be provided under such standards as in effect on the date of enactment of this Act; and (D) consult with appropriate officials from Indian Tribes and Tribal organizations, experts in Indian or Native Hawaiian early childhood education and development, linguists, and associations related to child care and early learning programs providing services for children belonging to Indian Tribes or Native Hawaiian children, on the review and promulgation of standards under paragraph (1) (including standards for Indian or Native Hawaiian, as the case may be, language acquisition and school readiness). (6) Adequate time to meet standards The Secretary shall establish an effective date for the standards that allows adequate time for prime sponsors to meet the standards after they have been issued. (b) Uniform code for facilities (1) Establishment of special committee The Secretary shall, within 60 days after the date of enactment of this Act, appoint a special committee to develop and recommend a uniform code for facilities, to be used as described in paragraph (4). The standards in the code shall deal principally with those aspects of facilities that are essential to the health, safety, and physical comfort of the children involved and the aspects of facilities that are related to the Federal Standards for Child Care and Early Learning Services under subsection (a)(1). In recommending the provisions of the code, the Secretary shall take into consideration the differences between child care centers and family child care homes. (2) Composition of committee The special committee appointed under this subsection shall include parents or family members of children participating in child care and early learning programs and representatives of State and local facility licensing agencies, of public health officials, of fire prevention officials, of the construction industry and labor unions, of prime sponsors, of center-based providers and family child care home providers, and of national agencies or organizations interested in the development of children. Not less than one-half of the membership of the committee shall consist of parents or family members of children participating in child care and early learning programs conducted under this title. (3) Proposed code Within 1 year after its appointment, the special committee— (A) shall develop standards for a proposed uniform code for facilities in which child care and early learning services are provided; and (B) shall hold public hearings on the proposed code prior to submitting its final recommendation to the Secretary for approval. (4) Promulgation After considering the recommendations submitted by the special committee in accordance with paragraph (3), the Secretary shall promulgate standards for a uniform code described in paragraph (3)(A), which shall be applicable to all facilities receiving Federal financial assistance under this title. If the Secretary disapproves the committee’s recommendations, the Secretary shall state the reasons for the disapproval. The Secretary shall also distribute such standards and urge their adoption by States and local governments for facilities in which child care and early learning services are provided. The Secretary may from time to time modify the uniform code for facilities in accordance with procedures set forth in this subsection. (5) Adequate time to meet facilities code The Secretary shall establish an effective date for the code that allows adequate time for prime sponsors to meet the code after it has been promulgated. (6) State code for facilities Paragraphs (1) through (5) shall not apply in a State for which the Secretary, after consultation with the special committee referred to in paragraph (2), makes a determination that the State’s uniform code for facilities or a similar facilities code or set of standards that applies to centers and family child care homes that participate in a child care and early learning program under this title, is sufficient to meet the health, safety, and physical comfort goals of this subsection. (c) Measures (1) In general The Secretary, in consultation with representatives of child care and early learning programs, Indian Tribes and Tribal organizations, parents and family members of children in such programs, and teachers and other staff in such programs, and with experts in the fields of early childhood education and development, family services, and program management, shall use the study on Developmental Outcomes and Assessments for Young Children by the National Academy of Sciences, consistent with section 649(j) of the Head Start Act ( 42 U.S.C. 9844(j) (A) classroom instructional practices and, for infants and toddlers, responsive caregiving practices that support early learning and development; (B) identification of children with special needs; (C) program evaluation; and (D) administrative and financial management practices. (2) Characteristics of measures The measures under this subsection shall— (A) be developmentally, linguistically, and culturally appropriate for the population served; (B) be reviewed periodically, based on advances in the science of early childhood development; (C) be consistent with relevant, nationally recognized professional and technical standards related to the assessment of young children; (D) be valid and reliable in the language in which the measures are administered; (E) be administered by staff with appropriate training for such administration; (F) provide for appropriate accommodations for children with disabilities and dual language learner children; (G) be high-quality research-based measures that have been demonstrated to assist with the purposes for which the measures were devised; and (H) be adaptable, as appropriate, for use in the self-assessment of prime sponsors, including in the evaluation of administrative and financial management practices. (3) Use of measures; limitations on use (A) Use The measures shall be designed, as appropriate, for the purpose of— (i) helping to develop the skills, knowledge, abilities, and development described in subsection (a)(4)(A)(ii) of children participating in child care and early learning programs, with an emphasis on measuring skills that scientifically valid research has demonstrated are related to children’s school readiness and later success in school; (ii) improving classroom practices, including reviewing children’s strengths and weaknesses and individualizing instruction to better meet the needs of the children involved and, for infants and toddlers, ensuring the opportunity for one-on-one interaction that facilitates early learning and development; (iii) identifying the special needs of children; and (iv) improving overall program performance in order to help prime sponsors identify problem areas that may require additional training and technical assistance resources. (B) Limitations Such measures shall not be used for an assessment for children that— (i) will be used as the sole basis for a child care and early learning provider being determined to be ineligible to participate in the program carried out under this title; (ii) will be used as the primary or sole basis for providing a reward or sanction for an individual provider; (iii) will be used as the primary or sole basis for assessing program effectiveness; or (iv) will be used to deny children eligibility to participate in the program carried out under this title. (C) Exceptions Nothing in this subchapter shall preclude a State from using a single assessment (as determined by the State) for children for— (i) supporting learning or improving a classroom environment; (ii) targeting professional development to a provider; (iii) determining the need for health, mental health, disability, developmental delay, or family support services; (iv) obtaining information for the quality improvement process at the State level; or (v) conducting a program evaluation for the purposes of improving the program and providing information to parents. (4) Confidentiality (A) In general The Secretary, through regulation, shall ensure the confidentiality of any personally identifiable data, information, and records collected or maintained under this title by the Secretary and any prime sponsors. Such regulations shall provide the policies, protections, and rights equivalent to those provided to a parent, student, and educational agency or institution, as the case may be, under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g (B) Rule of construction on nationwide database Nothing in this subsection shall be construed to authorize the development of a nationwide database of personally identifiable data, information, or records on children resulting from the use of measures under this subsection. (5) Special rule (A) Prohibition The use of assessment items and data on any assessment authorized under this title by any agent of the Federal Government is prohibited for the purposes of— (i) ranking, comparing, or otherwise evaluating individual children for purposes other than research, training, or technical assistance; and (ii) providing rewards or sanctions for individual children or teachers. (B) Results The Secretary shall not use the results of a single such assessment as the sole method for assessing program effectiveness or making agency funding determinations at the national, regional, or local level under this title. (d) Monitoring of local prime sponsors and child care and early learning programs The Secretary, in consultation with representatives of child care and early learning programs, Indian Tribes and Tribal organizations, parents and family members of children in such programs, teachers and other staff in such programs, and with experts in the fields of early childhood education and development, family services, and program management, shall establish and implement monitoring procedures for prime sponsors and their child care and early learning programs (which may be based on the Head Start program monitoring procedures described in section 641A(c) of the Head Start Act ( 42 U.S.C. 9836a(c) (1) to determine whether prime sponsors meet standards described in subsection (a)(1) established under this title with respect to program, administrative, financial management, and other requirements; and (2) in order to help the prime sponsors identify areas for improvement and areas of strength as part of their ongoing self-assessment process. (e) Corrective action for prime sponsors (1) Determination If the Secretary determines, on the basis of a review pursuant to subsection (d), that a prime sponsor designated pursuant to this title fails to meet the standards described in subsection (a)(1), the Secretary shall— (A) inform the prime sponsor of the deficiencies that shall be corrected and identify the assistance to be provided consistent with paragraph (3); (B) with respect to each identified deficiency, require the prime sponsor— (i) to correct the deficiency immediately, if the Secretary finds that the deficiency threatens the health or safety of staff or program participants or poses a threat to the integrity of Federal funds; (ii) to correct the deficiency not later than 90 days after the identification of the deficiency if the Secretary finds, in the discretion of the Secretary, that such a 90-day period is reasonable, in light of the nature and magnitude of the deficiency; or (iii) in the discretion of the Secretary (taking into consideration the seriousness of the deficiency and the time reasonably required to correct the deficiency), to comply with the requirements of paragraph (2) concerning a quality improvement plan; and (C) initiate proceedings to terminate the designation of the prime sponsor unless the prime sponsor corrects the deficiency. (2) Quality improvement plan (A) Prime sponsor and program responsibilities To retain a designation as a prime sponsor under this title, a prime sponsor that is the subject of a determination described in paragraph (1) (excluding a prime sponsor required to correct a deficiency immediately or during a 90-day period under clause (i) or (ii) of paragraph (1)(B)) shall— (i) develop in a timely manner, a quality improvement plan that shall be subject to the approval of the Secretary, and that shall specify— (I) the deficiencies to be corrected; (II) the actions to be taken to correct such deficiencies; and (III) the timetable for accomplishment of the corrective actions specified; and (ii) correct each deficiency identified, not later than the date for correction of such deficiency specified in such plan (which shall not be later than 1 year after the date the prime sponsor that is determined to have a deficiency received notice of the determination and of the specific deficiency to be corrected). (B) Secretarial responsibility Not later than 30 days after receiving from a prime sponsor a proposed quality improvement plan pursuant to subparagraph (A), the Secretary shall either approve such proposed plan or specify the reasons why the proposed plan cannot be approved. (3) Training and technical assistance The Secretary shall provide training and technical assistance to the prime sponsor with respect to the development or implementation of such quality improvement plans to the extent the Secretary finds such provision to be feasible and appropriate given available funding and other statutory responsibilities. (f) Summaries of monitoring outcomes (1) In general Not later than 120 days after the end of each fiscal year, the Secretary shall publish a summary report on the findings of reviews conducted under subsection (d) and on the outcomes of quality improvement plans implemented under subsection (e), during such fiscal year. (2) Report availability Such report shall be made widely available to— (A) parents and family members with children receiving assistance under this title— (i) in an understandable and uniform format; and (ii) to the extent practicable, in a language that the parents and family members understand; (B) the public through means such as— (i) distribution through public agencies; and (ii) posting such information on the internet; and (C) Indian Tribes and Tribal organizations. (3) Report information Such report shall contain detailed data— (A) on compliance with specific standards and measures; and (B) sufficient to allow prime sponsors to use such data to improve the quality of their programs. (g) Self-Assessment (1) In general Not less frequently than once each program year, with the consultation and participation of the Child Care and Early Learning Council and, as appropriate, other interested persons in the service area, each prime sponsor that receives financial assistance under this title shall conduct a comprehensive self-assessment of its effectiveness and progress in meeting program goals and objectives and in implementing and complying with standards described in subsection (a)(1). (2) Ongoing monitoring Each prime sponsor shall establish and implement procedures for the ongoing monitoring of its child care and early learning program, to ensure that the operations of the program work toward meeting program goals and objectives and implementing and complying with standards described in subsection (a)(1). (h) Accreditation The Secretary shall require that each child care and early learning center meet, not later than 6 years after receiving financial assistance under this title, standards of operation necessary for accreditation by an appropriate national early childhood programs accreditation body that was in existence on the date of enactment of this Act. 122. Prime sponsor alignment with K–12 education (a) In general Each prime sponsor shall take steps to coordinate with the local educational agency serving the service area and with schools in which children participating in a child care and early learning program will enroll following such program to promote continuity of services and effective transitions, including— (1) developing and implementing a systematic procedure for transferring, with parental consent, child care and early learning program records for each participating child to the school in which such child will enroll; (2) establishing ongoing channels of communication between child care and early learning program staff and their counterparts in the schools (including teachers, social workers, local educational agency liaisons designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(1)(J)(ii) (3) establishing ongoing communications between the prime sponsor and local educational agency for developing continuity of developmentally appropriate curricular objectives and for shared expectations for children’s learning and development as the children transition to school; (4) organizing and participating in joint training, including transition-related training for school staff and child care and early learning program staff; (5) establishing comprehensive transition policies and procedures that support children transitioning to school, including by engaging the local educational agency in the establishment of such policies; (6) conducting outreach to parents and elementary school (such as kindergarten) teachers to discuss the educational, developmental, and other needs of individual children; (7) helping parents of dual language learner children understand— (A) the instructional and other services provided by the school in which such child will enroll after participation in the child care and early learning program; and (B) as appropriate, the information provided to parents of dual language learners under section 1112(e)(3) of the Elementary and Secondary Education Act of the 1965 ( 20 U.S.C. 6312(e)(3) (8) developing and implementing a family outreach and support program, in cooperation with entities carrying out parent and family engagement efforts under title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. 42 U.S.C. 11431 et seq. (9) assisting families, administrators, and teachers in enhancing educational and developmental continuity and continuity of parental involvement in activities between child care and early learning services and elementary school classes; (10) linking the services provided in such child care and early learning program with educational services, including services relating to language, literacy, and numeracy, provided by such local educational agency; (11) helping parents (including in this paragraph grandparents and kinship caregivers, as appropriate) to understand the importance of parental involvement in a child’s academic success while teaching the parents strategies for maintaining parental involvement as their child moves from a child care and early learning program to elementary school; (12) helping parents understand the instructional and other services provided by the school in which their child will enroll after participation in the child care and early learning program; and (13) developing and implementing a system to increase child care and early learning program participation of underserved populations of eligible children. (b) Dissemination and technical assistance The Secretary shall— (1) disseminate to prime sponsors information on effective policies and activities relating to the transition of children from child care and early learning programs to public schools; and (2) provide technical assistance to such prime sponsors to promote and assist such prime sponsors to adopt and implement such effective policies and activities. 123. Adequate nutrition services In accordance with the purposes of this title, the Secretary shall establish procedures to assure that adequate nutrition services will be provided in child care and early learning programs under this title. In assuring the provision of those services, the Secretary may enter into an arrangement with the Secretary of Agriculture to make use of the summer food service program and the child and adult care food program carried out under sections 13 and 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761 42 U.S.C. 1771 et seq. 124. Participation in child care and early learning programs (a) In general The Secretary shall by regulation prescribe eligibility for the participation of persons in child care and early learning programs assisted under this title. (b) Eligible ages Such regulation shall provide that all children who are younger than the age of compulsory school attendance shall be eligible regardless of family income, disability status, citizenship status, employment of a family member, or circumstance. (c) Prime sponsor eligibility determination responsibilities A prime sponsor shall— (1) determine eligibility under this title based on standards prescribed by the Secretary under subsection (a); (2) not establish more stringent or exclusive requirements for eligibility under this title than the eligibility standards prescribed by the Secretary; and (3) serve all families that request child care and early learning services through the prime sponsor's program. C Administration 131. The Office of Child Care (a) Principal agency The Office of Child Care of the Department of Health and Human Services shall be the principal agency of the Department for the administration of this title and for the coordination of child care and early learning programs and other activities relating to child care and early learning. (b) Coordination of child care programs (1) In general (A) Department of Health and Human Services The Secretary shall take all necessary action to coordinate child care and early learning programs under the Secretary's jurisdiction, including with the Office of Head Start. (B) Department of Education The Secretary shall take all necessary action to coordinate such programs with the Department of Education. (2) Regulations The Secretary shall promulgate regulations to assure that entities that are funded by the Department of Health and Human Services to carry out activities relating to child care and early learning will coordinate the activities with the programs carried out under this title. (3) Technical assistance The Secretary shall ensure that joint technical assistance efforts will result in the development of coordinated efforts— (A) between the offices within the Department of Health and Human Services; and (B) between the Department of Health and Human Services and other Federal agencies, including the Department of Education, that carry out those activities. (c) Procedures, policies, regulations The Secretary may establish such procedures, policies, and regulations as may be necessary to carry out this title. 132. Administrative requirements and standards (a) Requirements and standards (1) In general The Secretary shall establish administrative requirements and standards consistent with the requirements and standards described in subsections (a) through (f), and (h), of section 644 of the Head Start Act ( 42 U.S.C. 9839 (2) Adjustments The Secretary may make such adjustments to the requirements, standards, qualifications, development activities, and limitations specified in paragraph (1) and sections 133(a), 134, 136(a), 139, and 141, as may be necessary to ensure effective administration of this title. (3) Administrative controls The Secretary shall prescribe regulations to assure that programs under this title have adequate internal administrative controls, accounting requirements, personnel standards, evaluation procedures, and other policies as may be necessary to promote the effective use of funds. (b) Facilities (1) Owned or leased by Federal agencies The Secretary, after consultation with other appropriate officials of the Federal Government, shall within 16 months after the date of enactment of this Act prepare and submit to Congress a report that— (A) describes the extent to which facilities owned or leased by Federal agencies (including departments) could be made available to prime sponsors, through appropriate arrangements, for use as facilities for child care and early learning programs under this title during times and periods when the owned or leased facilities are not utilized fully for their usual purposes; and (B) the Secretary's recommendations (including recommendations for changes through legislation) or proposed actions for such use. (2) Owned or leased in service area The Secretary shall require, as a condition for the receipt of financial assistance under this title, that any prime sponsor under this title agree to conduct a review and prepare and submit to the Secretary a report that— (A) describes the extent to which facilities owned or leased by such prime sponsor, or by other organizations in the service area, could be made available, through appropriate arrangements, for use as facilities for child care and early learning programs under this title during times and periods when the owned or leased facilities are not utilized fully for their usual purposes; and (B) the prime sponsor’s proposed actions for such use. (c) Capital expenditures (1) Construction Upon a determination by the Secretary that suitable facilities (including public school facilities) are not otherwise available to prime sponsors to carry out child care and early learning programs, that the lack of suitable facilities will inhibit the operation of such programs, and that construction of such facilities is more cost effective than purchase of available facilities or renovation, the Secretary, in the discretion of the Secretary, may authorize the use of financial assistance under this title to make payments for capital expenditures related to construction of facilities that will be used to carry out such programs. The Secretary shall establish uniform procedures for prime sponsors to request approval for such payments, and shall promote, to the extent practicable, the collocation of child care and early learning programs with other programs serving children and families. (2) Construction, renovation, vehicle purchase Such payments may be used for capital expenditures (including paying the cost of amortizing the principal, and paying interest on, loans) such as expenditures for— (A) construction of facilities that are not in existence on the date of the determination, if such construction is more cost effective than purchase or renovation; (B) major renovation of facilities in existence on such date, if major renovation is more cost effective than purchase, construction, or minor renovation; and (C) purchase of vehicles used for programs conducted at child care and early learning program facilities eligible for a payment under this subsection. (3) Wages for construction or renovation All laborers and mechanics employed by contractors or subcontractors in the construction or renovation of facilities to be used to carry out child care and early learning programs under this title shall be paid wages that are not less than the wages prevailing on similar construction or renovation in the service area, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 Davis-Bacon Act 133. Appeals, notice, and hearing (a) Procedures The Secretary shall establish appeals, notice, hearing, and other procedures consistent (except as otherwise provided in this section) with the procedures described in section 646 of the Head Start Act ( 42 U.S.C. 9841 (b) Withholding of funds (1) In general The Secretary shall take the action described in paragraph (2) whenever the Secretary, after reasonable notice and opportunity for a hearing for any prime sponsor (including a delegate provider), finds— (A) that the prime sponsor has failed to comply substantially with any requirement set forth in the plan of the prime sponsor approved under section 113 or 114; (B) that the delegate provider has failed to comply substantially with any requirement set forth in the application of the provider approved pursuant to section 115(c); or (C) that in the operation of any program (or services) carried out by any such prime sponsor (or delegate provider) under this title the prime sponsor (or delegate provider) has failed to comply substantially with any applicable provision of this title, including a regulation promulgated under this title. (2) Action On making a finding under paragraph (1), the Secretary shall notify the prime sponsor or delegate provider involved of the findings and that no further payments may be made to such prime sponsor or delegate provider under this title (or in the Secretary's discretion that any such prime sponsor shall not make further payments under this title to specified delegate providers affected by the failure) until the Secretary is satisfied that there is no longer any such failure to comply, or the noncompliance will be promptly corrected. The Secretary may authorize the continuation of payments with respect to any program or service assisted under this title which is being carried out pursuant to the corresponding plan or application referred to in paragraph (1) and which is not involved in the noncompliance. 134. Records and audits The Secretary shall establish record and audit requirements consistent with the requirements described in section 647 of the Head Start Act ( 42 U.S.C. 9842 135. Technical assistance and training (a) Preservice and inservice training The Secretary is authorized to make payments to provide financial assistance to enable individuals employed or preparing for employment in child care and early learning programs assisted under this title, including volunteers, to participate in programs of preservice or inservice training for professional or nonprofessional personnel, to be conducted by any prime sponsor carrying out a child care and early learning program, or any institution of higher education, including a community college, or by any combination of those prime sponsors or institutions. The financial assistance shall include scholarships and funding for books, transportation, and other comprehensive needs. (b) Prime sponsor technical assistance and planning The Secretary is authorized to, directly or through grant or contract, make technical assistance available to entities who are eligible and seek to become prime sponsors, and to prime sponsors, to assist the entities and prime sponsors in planning, developing, and carrying out child care and early learning programs. (c) Prime sponsor facilities assistance (1) In general The Secretary is authorized to make, directly or through grant or contract, technical assistance and other support available to providers of services through child care and early learning programs, to support the providers in meeting applicable facilities codes, if the providers are— (A) providers in rural areas; (B) family child care home providers; or (C) providers serving children belonging to Indian Tribes, Native Hawaiian children, children of migrant and seasonal farmworkers, low-income children, or underserved children (including children with disabilities, homeless children, children who have been abused or neglected, and children in foster care). (2) Applicable facilities code In this subsection, the term applicable facilities code (A) a code promulgated under section 121(b)(4), for a provider in a State not described in subparagraph (B); and (B) a code or standards determined to be sufficient under section 121(b)(6), for a provider in a State to which the code or standards apply. (d) Prime sponsor financial assistance (1) In general Prime sponsors shall carry out training and quality improvement activities, including— (A) activities that support child care and early learning programs (including providers) in meeting national program standards; and (B) supporting staff in meeting qualifications described in section 136, including providing paid release time to staff, to engage in activities that enable the staff to meet the qualifications. (2) Financial assistance The Secretary is authorized to make financial assistance available to prime sponsors to carry out such training and quality improvement activities. (e) Staff training The Secretary shall prescribe regulations implementing a training program for staff of child care and early learning programs assisted under this title, based on the training program of the military child care program. Satisfactory completion of the training program, which may be accomplished through a professional preparation or development program, shall be a condition of employment of any person as a member of the staff of such a child care and early learning program. The training program established under this subsection shall cover, at a minimum, training in each of the following: (1) Early childhood development. (2) Activities and disciplinary techniques appropriate for children of different ages. (3) Child abuse prevention and detection. (4) Cardiopulmonary resuscitation and other emergency medical procedures. (f) Workforce development and diversity (1) Outreach program From amounts allocated under section 103(b), the Secretary shall develop and implement a program of outreach to recruit and train professionals from diverse backgrounds to become teachers in child care and early learning programs. (2) Grants (A) In general From amounts allocated under section 103(b), the Secretary is authorized to award grants, for a period of not less than 5 years, to— (i) entities that carry out training through a fund sponsored at least in part by a labor organization; and (ii) institutions of higher education, with priority for part B institutions, Hispanic-serving institutions, and Tribal Colleges and Universities (as the 3 types of institutions are defined in clauses (i) through (iii) of section 241(1)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1033(1)(A) (B) Use of funds An institution that receives such a grant may— (i) use the grant funds— (I) to improve the child care and early learning workforce; (II) to recruit child care and early learning teachers and other staff who want to obtain additional credentials related to child care and early learning; (III) to recruit and train professionals from diverse backgrounds to become teachers in child care and early learning programs; (IV) to promote access and affordability through direct student support, grants, scholarships, and other forms of student financial aid to students pursuing early childhood coursework and degrees in order to reduce or eliminate the need for such students to take out loans for the related costs of attendance; (V) to create seamless, articulated, teacher preparation pathways; (VI) to develop institutional policies that award credit for students’ previous postsecondary early childhood coursework and degrees as well as for demonstrated competency through— (aa) prior work experience; and (bb) apprenticeships that lead to credentials, or associate or baccalaureate degrees; and (ii) make a portion of the grant funds available for students training to become staff of child care and early learning programs, to cover the corresponding tuition and other costs of attendance. 136. Staff qualifications and development (a) Qualification and development (1) In general The Secretary, after consultation with other Federal agencies and on the basis of the recommendations of the Committee established pursuant to section 121(a)(3), shall establish staff qualification and development requirements based on such requirements described in section 648A of the Head Start Act ( 42 U.S.C. 9843a (2) Objectives The established requirements shall be designed to— (A) (i) lead to high-quality child care and early learning service delivery, including the use of targeted strategies and resources provided by prime sponsors to ensure the diverse, incumbent child care and early learning workforce retains access to employment in such programs; and (ii) take into account workforce recruitment challenges and the need for a diverse workforce; (B) create a pathway for members of the child care and early learning service workforce to build on their credentials; and (C) provide enough time (which shall be not less than 6 years after the date of that establishment) for staff to meet any educational requirements in the established requirements. (b) Pay (1) Competitive rates of compensation For the purpose of providing child care and early learning programs with a qualified and stable workforce, each prime sponsor shall ensure that employees (including employees of a delegate provider) at a child care and early learning center and family child care home providers, including teachers and other staff of family child care home providers, shall be paid under a pay scale that provides for rates of compensation that— (A) (i) except as provided in clause (ii), are comparable with the rates of compensation paid to employees of the corresponding local educational agency with similar training, seniority, and experience; or (ii) for a position not typically found at the corresponding local educational agency, are the rates specified in the pay scale for the military child care program; and (B) are not less than a living wage, as determined by the Secretary. (2) Periodic reviews In recommending and establishing requirements under subsection (a) and this subsection, the Committee established pursuant to section 121(a)(3) and the Secretary, respectively, shall periodically conduct reviews of the rates of compensation for employers, teachers, and staff described in paragraph (1). The Committee and Secretary shall determine whether the rates are increasing at a pace that is not less than the rate of the Consumer Price Index-All Urban Consumers, and shall adjust the rates to ensure such an increase. (3) Limitation Notwithstanding any other provision of law, no Federal funds may be used to pay any part of the compensation of an employee, teacher, or staff member described in paragraph (1) to carry out a child care and early learning program, if such compensation, including non-Federal funds, exceeds a rate equal to the rate payable for level II of the Executive Schedule under section 5313 of title 5, United States Code. (4) Compensation In this subsection, the term compensation (A) includes salary, bonuses, periodic payments, severance pay, the value of any vacation time, the value of a compensatory or paid leave benefit, and the fair market value of any employee perquisite or benefit; and (B) includes any prime sponsor expenditure for a health, medical, life insurance, disability, retirement, or any other employee welfare or pension benefit. (c) Curriculum support (1) In general Prime sponsors shall establish and implement a plan to ensure all teachers in a child care and early learning program, including family child care home providers, have curriculum support. (2) Curriculum support That curriculum support— (A) may include the use of curriculum specialists, as in the military child care program; and (B) shall include— (i) special teaching activities at locations that are easily accessible by the teachers; (ii) daily oversight and instruction of employees providing child care and early learning services; (iii) daily assistance in the preparation of lesson plans, provided through individual specialists or resources for staff that allow teachers to engage in professional responsibilities such as daily lesson planning; (iv) assistance with child abuse prevention and detection; (v) assistance with activities to promote children's cognitive development, behavior management, and mental health; and (vi) assistance with improving the delivery of instruction and with measuring and tracking children’s outcomes. 137. Research, demonstrations, and evaluation (a) General objectives The Secretary shall carry out a continuing program of research, demonstration, and evaluation activities, in order to— (1) focus national research efforts to attain a fuller understanding of the processes of child development and early learning outcomes and the effects of programs on those processes and outcomes; (2) foster continuous improvement in the quality of the child care and early learning programs carried out under this title and in their effectiveness in enabling participating children and their families to succeed in school and otherwise; (3) ensure that the results of research and related development efforts are reflected in the conduct of programs affecting children through the improvement and expansion of child care and early learning programs; and (4) develop, test, and disseminate information on new ideas for addressing the needs of low-income and underserved children (including children with disabilities, homeless children, children who have been abused or neglected, and children in foster care) and their families and communities, and furthering in other ways the purposes of this title. (b) Specific objectives The research, demonstration, and evaluation activities under this title shall include components designed to— (1) permit ongoing assessment of the quality and effectiveness of the child care and early learning programs under this title; (2) contribute to developing knowledge concerning factors associated with the quality and effectiveness of child care and early learning programs and in identifying ways in which services provided under this title may be improved; (3) assist in developing knowledge concerning the factors that promote or inhibit healthy development and effective functioning of children and their families, including physical, mental, vision, and oral health, both during and following participation in a child care and early learning program; (4) permit comparisons of children and families participating in child care and early learning programs— (A) with children and families receiving other child care, or early childhood education and development, services or programs; and (B) with other appropriate control groups; (5) contribute to understanding the characteristics and needs of population groups eligible for services provided under this title and the impact of such services on the individuals served and the service areas in which such services are provided; (6) provide for disseminating and promoting the use of the findings from such research, demonstration, and evaluation activities; (7) promote exploration of areas in which knowledge is insufficient, and that will otherwise contribute to fulfilling the purposes of this title; (8) (A) contribute to understanding the impact of child care and early learning services delivered in classrooms that include both children with disabilities and children who are not children with disabilities, on both types of children; and (B) disseminate promising practices for increasing the availability and quality of child care and early learning services that are so delivered and classrooms described in subparagraph (A); (9) contribute to understanding the impact of different child care and early learning models, including those with varying teacher compensation, preparation, and workplace supports, in addressing educational disparities and inequalities, including disparities and inequalities based on income, and disparities and inequalities based on culture, and race and ethnicity; (10) contribute to the understanding of providing effective child care and early learning programs to dual language learner children, children with disabilities, culturally diverse families, racially and ethnically diverse families, children belonging to an Indian Tribe, Native Hawaiian children, and children of migrant and seasonal farmworkers, and to service areas with many low-income children; and (11) carry out— (A) research to determine the nature of child development processes and the impact of various influences upon those processes, including workplace conditions and supports, to develop techniques to measure and evaluate child development, to develop standards to evaluate professional and paraprofessional child development personnel, and to determine how child care and early learning and related programs conducted in either family child care homes or centers affect child development processes; (B) research to test alternative methods of providing child development and related services, and to develop and test innovative approaches to achieve maximum development of children; (C) evaluation of findings from research conducted under this paragraph and the development of and effective application of those findings; (D) dissemination and application of results from research and related development efforts and demonstration projects to child care and early learning programs, related programs, and early childhood education; (E) production of informational systems and other resources necessary to support the activities authorized under this paragraph; and (F) integration of national child development research efforts under this title into a focused national research program, including the coordination of research and development conducted by entities under this section with research and development conducted by other agencies, organizations, and individuals. (c) Conduct of research, demonstration, and evaluation activities The Secretary, in order to conduct research, demonstration, and evaluation activities under this section— (1) may carry out such activities directly, or through grants to, or contracts or cooperative agreements with, public or private entities; (2) shall, to the extent appropriate, undertake such activities in collaboration with Federal agencies (other than the Department of Health and Human Services), and with non-Federal agencies, Indian Tribes, and Tribal organizations, conducting similar activities; (3) shall ensure that evaluation of such activities in a specific program is conducted by persons not directly involved in the operation of such program; (4) may require prime sponsors to provide for independent evaluations; (5) may approve, in appropriate cases, community-based cooperative research and evaluation efforts to enable prime sponsors to collaborate with qualified researchers not directly involved in program administration or operation of a program funded under this title; and (6) may collaborate with organizations with expertise in inclusive educational strategies for preschoolers who are children with disabilities. (d) Coordination of research (1) Transfers Funds available to any Federal agency (including a department) for the purposes stated in subsection (a) or the activities stated in subsection (b) shall be available for transfer, with the approval of the head of the agency involved, in whole or in part, to the Secretary for such use as is consistent with the purposes for which such funds were appropriated, and the funds so transferred shall be expendable by the Secretary for the purposes for which the transfer was made. (2) Coordination In carrying out activities under this section, the Secretary shall— (A) coordinate, through the Office of Child Care and Early Learning, established under section 131, all child development research, training, and related development efforts conducted by the Department of Health and Human Services and, to the extent feasible, by other agencies, organizations, and individuals; (B) consult with— (i) individuals from relevant academic disciplines; (ii) individuals who are involved in the operation of child care and early learning programs and individuals who are involved in the operation of other child and family service programs; (iii) appropriate officials from Indian Tribes and Tribal organizations; and (iv) individuals from organizations involved with, and academic disciplines related to, children and families, ensuring that the individuals consulted under this subparagraph reflect the multicultural nature of the children and families served by the child care and early learning programs and the multidisciplinary nature of the programs; (C) whenever feasible and appropriate, obtain the views of persons participating in and served by programs assisted under this title with respect to activities under this section; and (D) establish, to the extent appropriate, working relationships with faculty members of institutions of higher education, as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (3) Council (A) In general There is established a Child Development Research Council, consisting of— (i) a representative of the Office of Child Care and Early Learning (who shall serve as chairperson); and (ii) a representative from each of the Federal agencies and offices determined to be appropriate by the Secretary. (B) Meetings The Council shall meet at least annually and at such more frequent times as the Council may determine to be necessary. (C) Duties The Council shall assure coordination of child care and early learning services under the jurisdiction of the agencies and offices represented on the Council and carry out the provisions of this section so as to assure— (i) maximum utilization of available resources through the prevention of duplication of activities; (ii) a division of labor, insofar as is compatible with the purposes of each of the agencies or offices represented on the Council, among those agencies and offices to assure maximum progress toward the achievement of the purposes of this section; and (iii) recommendation of priorities for federally funded research and related development that are related to the purposes of this section and those stated in section 101. (e) Annual report The Secretary shall make an annual report to Congress— (1) summarizing— (A) the Secretary’s activities and accomplishments during the preceding year under this section; and (B) the grants, contracts, or other arrangements entered into during the preceding year under this section; and (2) making such recommendations as the Secretary may determine to be appropriate. (f) Plan The Secretary shall develop, and periodically update, a plan governing the research, demonstration, and evaluation activities under this section. (g) Ownership of results The Secretary shall take necessary steps to ensure that all studies, reports, proposals, and data produced or developed with Federal funds under this title shall become the property of the United States. 138. Reports (a) In general At least once during every 2-year period, the Secretary shall prepare a report concerning the status of children (including low-income children, children with disabilities, dual language learner children, homeless children, children in foster care, children participating in child care and early learning programs on Indian land, and children participating in migrant or seasonal child care and early learning programs) participating in child care and early learning programs, including the number of participating children and the services being provided to such children. (b) Contents Such report shall include— (1) a statement for the then most recently concluded fiscal year specifying— (A) the amount of funds received, by prime sponsors that are designated under section 113, to provide child care and early learning services in a period before such fiscal year; and (B) the amount of funds received, by prime sponsors that are newly designated under section 113, to provide such services in such fiscal year; (2) a description of the distribution of child care and early learning services relative to the distribution of children who are in need of child care and early learning programs, including geographic distribution within States, and information on the number of children receiving those services; (3) a statement identifying how funds made available under section 112(a)(1) were distributed and used at national, regional, and local levels; (4) a statement specifying the amount of funds provided as the non-Federal share of the costs of child care and early learning programs, and the source of such funding; (5) the cost per child of carrying out child care and early learning programs, and how such cost varies by region; (6) a description of the level and nature of participation of parents and family members in child care and early learning programs as volunteers and in other capacities; (7) information concerning child care and early learning center staff, including salaries, education, training, experience, and staff turnover; (8) information concerning children participating in child care and early learning programs, including information on family income, cultural background, racial and ethnic background, homelessness, whether such a child is in foster care or was referred by a child welfare agency, disability, and whether the child's family receives benefits under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. (9) using data from the monitoring conducted under section 121— (A) a description of the extent to which programs funded under this title comply with program standards and regulations in effect under this title; (B) a description of the types and condition of facilities in which such programs are located; and (C) the types of organizations that receive funds under this title through such programs; (10) a description of the types of services provided through the programs to children and their families, both on site and through referrals, including services related to health, mental health, dental care, vision care, parenting education, physical fitness, and literacy training; (11) information from a study of the delivery of child care and early learning programs to Indian children, to Native Hawaiian children, and to children of migrant or seasonal farmworker families; (12) information on the delivery of disability-related services in order to— (A) determine whether child care and early learning programs are making timely referrals to the State or local agency responsible for providing services under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 (B) identify barriers to timely evaluations and eligibility determinations by the State or local agency responsible for providing services under section 619 or part C of the Individuals with Disabilities Education Act; and (C) determine under what circumstances and for what length of time child care and early learning programs are providing disability-related services for children who have not been determined under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. (13) information on how child care and early learning programs serve populations of low-income children, minority children, and dual language learner children, the extent to which disparities exist in early learning outcomes of participants in such programs, and how such programs address disparities in early learning outcomes. (c) Submission The Secretary shall submit each report prepared under subsection (a) to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. 139. Nondiscrimination provisions The Secretary shall establish nondiscrimination requirements consistent with the requirements described in section 654 of the Head Start Act ( 42 U.S.C. 9849 140. Advance funding For the purpose of affording adequate notice of funding available under this title, appropriations for carrying out this title are authorized to be included in an appropriation Act for the fiscal year preceding the fiscal year for which the appropriations are available for obligation. 141. Parental consent requirement for nonemergency intrusive physical examinations The Secretary shall establish a parental consent requirement consistent with the requirement described in section 657A of the Head Start Act ( 42 U.S.C. 9852a D Special programs 151. Supplemental funding to prime sponsors (a) In general The Secretary is authorized to provide supplemental financial assistance for the activities described in subsection (b) or the purposes described in subsection (c), to prime sponsors, who— (1) demonstrate barriers— (A) to scaling the services and processes needed to fully implement the prime sponsors' child care and early learning programs; and (B) to meeting the national program standards; and (2) need financial assistance, as determined by the Secretary, for those activities or purposes, respectively. (b) Activities The Secretary may provide the supplemental financial assistance for activities consisting of— (1) conducting a facilities review as described in section 132(b)(2) and accessing adequate facilities; (2) establishing coordination arrangements and processes with other entities, including local educational agencies and related entities, organizations delivering health and social services in the service area involved, and the State; (3) establishing training and professional development protocols and processes under sections 135 and 136; (4) meeting accreditation requirements; (5) providing supports to enable family child care home providers to participate as providers within the child care and early learning program carried out by the prime sponsor involved and to enable the prime sponsor to meet the national program standards; (6) securing materials and resources for professional learning opportunities; and (7) other activities related to the establishment, expansion, and scaling of services and processes needed to fully implement the prime sponsor’s child care and early learning program and enable the prime sponsor to meet the national program standards. (c) Purposes The Secretary may provide the supplemental financial assistance to a prime sponsor that meets the requirements of subsection (a) and has difficulty in providing a non-Federal share because the prime sponsor serves an area with a high concentration of families with a family income of not more than, or slightly above, 200 percent of the poverty line, for the purposes of increasing the Federal share of the costs described in section 121(c)(2)(A). 152. Special grants to States (a) Grants On approving an application submitted by any State, the Secretary is authorized to provide a grant to the State for carrying out activities described in subsection (b). (b) Use of funds A State that receives a grant under subsection (a) may use the grant funds for— (1) identifying child care and early learning services goals and needs within the State; (2) furnishing child care providers with start-up funding and technical assistance; (3) supporting compensation for the child care and early learning workforce comparable to compensation for the primary education workforce, which may include retention or bonus awards; (4) establishing or expanding the operation of community or neighborhood-based family child care networks by providing grants and contracts for training; (5) supporting the recruitment, training, and professional development of the child care and early learning workforce; (6) assisting in the establishment of Child Care and Early Learning Councils and strengthening the capability of such Councils to effectively advise on the child care and early learning programs; (7) encouraging the cooperation and participation of State agencies in providing child care and early learning services, including health, family planning, mental health, education, nutrition, family, social, and rehabilitative services if that cooperation and participation are requested by appropriate prime sponsors in the development and implementation of child care and early learning plans; (8) encouraging the full utilization of resources and facilities for child care and early learning programs within the State; (9) disseminating the results of research on child care and early learning programs; (10) conducting programs for the exchange of personnel involved in child care and early learning programs within the State; (11) assisting prime sponsors in the acquisition or improvement of facilities for child care and early learning programs; (12) assessing State and local licensing codes as the codes relate to child care and early learning programs within the State; (13) developing information useful in reviewing prime sponsorship plans described in section 113(a) and child care and early learning plans described in section 114(b); (14) facilitating collaboration among prime sponsors and delegate providers within the State; (15) supporting a unified, birth-through-school-entry, early childhood system, including carrying out activities related to establishing braided or blended funding arrangements to promote the integration of services to children and families; and (16) making grants and contracts to cover a portion of the fixed operating expenses of eligible providers of services through a child care and early learning program serving eligible children receiving assistance under this section, to support increased wages, program stability, and continuity of services for all children in such program. (c) Maintenance of effort No State or community shall reduce its expenditures for child care and early learning programs (including home-based child care and early learning programs) because of financial assistance provided under this section. II Related programs 201. Maintenance of effort (a) Maintenance of effort Section 658J of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858h (d) Maintenance of effort (1) In general No State shall receive such a payment for a fiscal year if the State reduces its total State expenditures for child care services for the prior fiscal year below the average of such expenditures for the 3 fiscal years preceding that prior fiscal year. (2) Total State expenditures For purposes of this subsection, total State expenditures for child care services include State expenditures to carry out this subchapter and the Child Care for Every Community Act. . (b) Relationship to the Child Care for Every Community Act Section 658M of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858k (c) Relationship to the Child Care for Every Community Act An eligible child who is eligible for child care and early learning services under the Child Care for Every Community Act shall only receive child care services under this subchapter that the child is ineligible for under that Act. .

Child Care for Every Community Act

Helping States Integrate Medicare and Medicaid Act This bill requires state Medicaid programs to integrate and coordinate Medicaid and Medicare coverage for individuals who are dually eligible for both, including with respect to enrollment, quality measures, and access to care. The bill provides funds for FY2025 for planning grants and related implementation.

118 S3882 IS: Helping States Integrate Medicare and Medicaid Act U.S. Senate 2024-03-06 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 2d Session S. 3882 IN THE SENATE OF THE UNITED STATES March 6, 2024 Mr. Casey Committee on Finance A BILL To amend title XIX of the Social Security Act to provide States with resources to support efforts to integrate or coordinate Medicare and Medicaid benefits for individuals that are eligible for both programs. 1. Short title This Act may be cited as the Helping States Integrate Medicare and Medicaid Act 2. Supporting State efforts to integrate Medicare and Medicaid benefits for full-benefit dual eligible individuals (a) In general Section 1902 of the Social Security Act ( 42 U.S.C. 1396a (1) in subsection (a)— (A) by striking and (B) by striking the period at the end of paragraph (87) and inserting ; and (C) by inserting after paragraph (87) the following new paragraph: (88) in the case of a State that is 1 of the 50 States or the District of Columbia, provide that the State will carry out activities to coordinate and integrate benefits for full-benefit dual eligible individuals (as defined in section 1935(c)(6)) in accordance with a Dual Coordination and Integration Plan approved by the Secretary under subsection (uu). ; and (2) by adding at the end the following new subsection: (uu) Supporting State efforts To integrate Medicare and Medicaid benefits for full-Benefit dual eligible individuals (1) Definitions In this subsection: (A) Full-benefit dual eligible individual The term full-benefit dual eligible individual (B) Medicaid The term Medicaid (C) Medicare The term Medicare (D) Medicare and Medicaid benefits The term Medicare and Medicaid benefits (E) Medicare-Medicaid Coordination Office The term Medicare-Medicaid Coordination Office (F) Relevant stakeholders The term relevant stakeholders (i) Full-benefit dual eligible individuals and their representatives. (ii) Beneficiary advocates. (iii) Health plans. (iv) Health care providers, such as physicians, hospitals, and nursing homes. (v) PACE providers. (vi) Community-based organizations. (vii) Other interested individuals or groups as determined by the Secretary or the State. (2) Planning grants (A) In general Not later than 1 year after the date of enactment of this subsection, from the amount reserved under paragraph (8)(B), the Secretary shall award a planning grant to each State to carry out planning activities to develop and submit to the Secretary a Dual Coordination and Integration Plan described in paragraph (3). (B) Limitation The Secretary shall award planning grants to States under this paragraph in such amounts as the Secretary shall determine except that in no case shall a grant awarded under this paragraph exceed $5,000,000. (C) Use of funds A State may only use grant funds awarded under this paragraph for the planning activities described in subparagraph (A), except that, if a State does not use all of the grant funds and receives approval for a Dual Coordination and Integration Plan described in paragraph (3), the State may use any remaining funds to carry out activities described in paragraph (4) that are in accordance with such plan. (3) Dual Coordination and Integration Plan (A) In general As a condition of receiving a payment under this subsection, a State shall submit to the Secretary for approval a Dual Coordination and Integration Plan (to be developed by the State with input from relevant stakeholders) describing the State's strategy for integrating and coordinating health benefits coverage for full-benefit dual eligible individuals that includes detailed descriptions of the following components: (i) A description of the activities described in paragraph (4) that will be carried out under the plan. (ii) The integration and coordination approaches selected by the State. (iii) The eligibility requirements and benefits available under such strategy. (iv) The education, enrollment, and outreach strategy for participation by full-benefit dual eligible individuals. (v) Beneficiary protections intended to preserve and strengthen beneficiary choice and access to care. (vi) The plan for collecting data analytics and measuring the quality of care provided under such strategy. (vii) Structures to promote health equity. (viii) The coordination and integration of mental health benefits with other benefits and services available under Medicare and Medicaid for full-benefit dual eligible individuals under such strategy. (ix) Such other components as the Secretary may require. (B) Development and submission In order to meet the requirements of this subsection, a Dual Coordination and Integration Plan shall— (i) be submitted for approval by the Secretary not later than 24 months after the date on which the State was awarded a planning grant under paragraph (2); and (ii) be made publicly available in the final version submitted to the Secretary on a State internet website. (C) Approval; publication (i) In general The Secretary shall approve a Dual Coordination and Integration Plan submitted by a State under this paragraph if— (I) the plan contains each of the components required under subparagraph (A); and (II) the State provides assurances to the satisfaction of the Secretary that the State will carry out the Dual Coordination and Integration Plan as it is written. (ii) Regular reviews and updates The State regularly shall review and update a Dual Coordination and Integration Plan approved under this subparagraph at such times and in accordance with such requirements as the Secretary shall specify. (4) Medicare and Medicaid coordination and integration activities (A) In general The activities described in this paragraph are the following: (i) Activities to recruit or retain expert capacity at the State agency responsible for administering the State plan under this title to inform the integration of Medicare and Medicaid for full-benefit dual eligible individuals. (ii) Training for staff at such State agency to develop expertise to inform the integration of Medicare and Medicaid benefits for full-benefit dual eligible individuals. (iii) Support for development of payment rates and alternative payment models. (iv) Development of information technology infrastructure to— (I) support data sharing among health plans, providers, PACE providers, community-based organizations, and Federal, State, and local government agencies; and (II) transfer Medicare and Medicaid eligibility and enrollment data. (v) Advancement of a unified Medicare and Medicaid grievance and appeals structure for determinations made by integrated agencies (as permissible under the rules and regulations of the Centers for Medicare & Medicaid Services). (vi) Development of, or enhancements to, enrollment, outreach, and education supports for full-benefit dual eligible individuals. (vii) Development of, or enhancements to, administration, monitoring, and oversight systems and protocols for all entities that provide coordinated or integrated Medicare and Medicaid benefits to full-benefit dual eligible individuals. (viii) Development of, or enhancements to, administration of quality measurement and improvement programs for services furnished to full-benefit dual eligible individuals. (ix) Stakeholder engagement processes, including— (I) the establishment and maintenance of a Consumer Advisory Council comprised of full-benefit dual eligible individuals, as well as beneficiary advocates, and their representatives that is reflective of the local population in terms of status for dual eligible qualification as well as race, ethnicity, sexual orientation, and other characteristics determined by the State; and (II) the establishment and maintenance of a stakeholder engagement group that regularly solicits and incorporates into the State's Medicare and Medicaid coordination or integration strategy input from the Consumer Advisory Council and other relevant stakeholders (as defined in paragraph (1)) in the State. (x) Development of a workforce needs assessment to identify the needs of the full-benefit dually eligible population, including strategies to ensure adequate compensation for the workforce. (B) Limitations No payment may be made under this subsection for expenditures on an activity that the State carried out before the date of enactment of this subsection. (5) Payments to States (A) In general Subject to subparagraph (B), for each fiscal quarter during which a State has in effect a Dual Coordination and Integration Plan approved under paragraph (3), the Secretary shall pay to the State an amount equal to 50 percent (or, during the first 20 full fiscal quarters during which the plan is in effect, 80 percent) of the amounts expended by the State during the quarter on activities described in paragraph (4) that are in accordance with such plan. (B) Limitations (i) Use of planning grant funds A State shall not be eligible for a payment under this paragraph until the State has expended the full amount of the planning grant awarded to the State under paragraph (2). (ii) Non-duplication of payment; application of higher rates No payment shall be made under this paragraph with respect to State expenditures of funds made available from Federal sources, and to the extent that a State expenditure is eligible for a Federal payment under both subparagraph (A) and another provision of this title or any other law, payment shall only be made under the provision that results in the State receiving the higher payment. (C) Manner of payment Payment to a State under this subsection shall be made in the same manner as payments for State expenditures for the proper and efficient administration of the State plan described in section 1903(a)(7). (6) Evaluation of plan implementation; reporting requirement (A) Evaluation benchmarks The Secretary shall establish benchmarks for evaluating whether a State's use of payments received under this subsection is in alignment with the State's Dual Coordination and Integration Plan (as approved under paragraph (3)). (B) Annual report As a condition of payment under this subsection— (i) a State shall submit to the Secretary an annual report detailing how the State is using payments received under this subsection; and (ii) the Secretary shall certify, based on such report, that the State's use of such payments is in alignment with the State's Dual Coordination and Integration Plan (as approved under paragraph (3)). (7) Administration In carrying out this subsection, the Secretary shall coordinate with the Medicare-Medicaid Coordination Office and other Federal agencies as appropriate. (8) Funding (A) In general Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary $300,000,000 for fiscal year 2025 to carry out this subsection, to remain available until expended. (B) Reservation for planning grants Of the amount appropriated under subparagraph (A), $150,000,000 is reserved to award planning grants under paragraph (2). (C) Technical assistance and guidance Of the amount appropriated under subparagraph (A), $150,000,000 is reserved for issuing guidance and providing technical assistance to States in— (i) developing and implementing Dual Coordination and Integration Plans under this subsection; and (ii) completing the annual reports required under paragraph (6). . (b) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of enactment of this Act. (2) Delay if State legislation needed In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by the section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Helping States Integrate Medicare and Medicaid Act

Justice Against Sponsors of Illicit Fentanyl Act of 2023 This bill allows foreign states to be sued in a U.S. court for physical injury to a person or property or death occurring in the United States as a result of fentanyl trafficking. (Typically, a foreign state is immune from lawsuits filed against it in a U.S. court.) Specifically, a foreign state is not immune from a lawsuit seeking damages for (1) an act of fentanyl trafficking in or into the United States, or (2) a tortious act or acts regardless where the tortious act or acts occurred. If the United States is in discussions with a foreign state that is seeking to resolve claims related to fentanyl trafficking or tortious acts, the Department of Justice may intervene and seek a stay in a case filed under this bill involving the foreign state.

116 S389 IS: Justice Against Sponsors of Illicit Fentanyl 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. 389 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Thune Committee on the Judiciary A BILL To deter the trafficking of illicit fentanyl, provide justice for victims, and for other purposes. 1. Short title This Act may be cited as the Justice Against Sponsors of Illicit Fentanyl Act of 2023 2. Findings and purpose (a) Findings Congress finds the following: (1) International drug trafficking is a serious and deadly problem that threatens the vital interests of the United States and the safety and health of every community in the United States. (2) Transnational criminal organizations, cartels, and violent gangs are leading perpetrators of drug trafficking, often combining the manufacture and distribution of synthetic opioids with violence, human smuggling and trafficking, firearms trafficking, and public corruption, and pose a sustained threat to the homeland security of the United States. (3) Illicit fentanyl is primarily produced in clandestine laboratories and trafficked into the United States in powder and pill form, including fentanyl-laced counterfeit pills. (4) The People's Republic of China (hereinafter in this section referred to as China (5) The Commission on Combating Synthetic Opioid Trafficking, established under section 7221 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 dominant source (6) Illicit fentanyl is primarily trafficked by land into the United States through legal ports of entry, as well as between such ports of entry, with some trafficking facilitated by domestic and foreign-based social media and encrypted communication applications. (7) In fiscal years 2021 and 2022, U.S. Customs and Border Protection seized over 24,000 pounds of fentanyl at ports of entry, a 200 percent increase from the amounts seized in fiscal years 2019 and 2020. (8) Deaths caused by the trafficking of illicit fentanyl have reached epidemic proportions, as— (A) fentanyl was involved in nearly 200,000 deaths in the United States during the period between 2014 and 2020; (B) the number of drug overdose deaths in the United States surpassed 100,000 during the period between May 2020 and April 2021, of which over 64,000 deaths were related to fentanyl; and (C) fentanyl and other synthetic opioids caused approximately 2/3 (9) Overdose deaths remain a leading cause of injury-related death in the United States, and fentanyl-related deaths are the leading cause of deaths among adults aged 18 to 45. (10) Failure to meaningfully combat illicit fentanyl trafficking will continue to stress the health care and law enforcement resources of the United States. (11) It is necessary to recognize the substantive causes of action for aiding and abetting and conspiracy liability under the Controlled Substances Act ( 21 U.S.C. 801 et seq. (12) The decision of the United States Court of Appeals for the District of Columbia in Halberstam v. Welch, 705 F.2d 472 (D.C. Cir. 1983), which has been widely recognized as the leading case regarding Federal civil aiding and abetting and conspiracy liability, including by the Supreme Court of the United States, provides the proper legal framework for how such liability should function in the context of the Controlled Substances Act ( 21 U.S.C. 801 et seq. (13) Persons, entities, or countries that knowingly or recklessly contribute material support or resources, directly or indirectly, to persons or organizations that pose a significant risk of committing acts of trafficking of illicit fentanyl that threaten the safety and health of nationals of the United States or the national security, foreign policy, or economy of the United States, necessarily direct such conduct at the United States, and should reasonably anticipate being brought to court in the United States to answer for that conduct. (14) The United States has a compelling interest in providing persons and entities injured as a result of the trafficking of illicit fentanyl into the United States with full access to the court system in order to pursue civil claims against persons, entities, or countries that have knowingly or recklessly provided material support or resources, directly or indirectly, to the persons or organizations responsible for their injuries. (b) Purpose The purpose of this Act is to provide civil litigants with the broadest possible basis, consistent with the Constitution of the United States, to seek relief against persons, entities, and foreign countries, wherever acting and wherever they may be found, that have provided material support, directly or indirectly, to foreign organizations or persons that engage in the trafficking of illicit fentanyl into the United States. 3. Responsibility of foreign states for the trafficking of fentanyl into the united states (a) In general Chapter 97 section 1605B 1605C. Responsibility of foreign states for the trafficking of fentanyl into the united states (a) Definition In this section, the term fentanyl trafficking (1) means any illicit activity— (A) to produce, manufacture, distribute, sell, or knowingly finance or transport— (i) illicit fentanyl, including any controlled substance that is a synthetic opioid and any listed chemical (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 (ii) active pharmaceutical ingredients or chemicals that are used in the production of fentanyl; (B) to attempt to carry out an activity described in subparagraph (A); or (C) to assist, abet, conspire, or collude with any other person to carry out an activity described in subparagraph (A); (2) a violation of section 401(a)(1) of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) (3) an attempt or conspiracy to commit a violation described in paragraph (2); (4) having manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance outside the United States with the intention of such fentanyl or fentanyl-related substance being distributed or dispensed in or into the United States in violation of section 401(a)(1) or 406 of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) (5) having produced or manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, a substance that is a precursor to fentanyl or a fentanyl-related substance with the intention of such precursor, fentanyl, or fentanyl-related substance being distributed or dispensed in or into the United States in violation of section 401(a)(1) or 406 of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) (b) Responsibility of foreign states A foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which money damages are sought against a foreign state for physical injury to person or property or death occurring in the United States and caused by— (1) an act of fentanyl trafficking in or into the United States; and (2) a tortious act or acts of the foreign state, or of any official, employee, or agent of that foreign state while acting within the scope of his or her office, employment, or agency, regardless where the tortious act or acts of the foreign state occurred. (c) Claims by nationals of the United States (1) Definition In this subsection, the term person (2) Claims If a foreign state would not be immune under subsection (b) with respect to an act of fentanyl trafficking in or into the United States, a national of the United States may bring a claim against the foreign state in the same manner, and may obtain the same remedies, as a claim with respect to an act of international terrorism brought under section 2333. (3) Aiding and abetting liability In an action under paragraph (2) for an injury arising from an act of fentanyl trafficking in or into the United States, liability may be asserted as to any person who aids and abets, by knowingly providing substantial assistance, or who conspires with the person who committed such an act of fentanyl trafficking. (4) Effect on other foreign sovereign immunities Nothing in paragraph (3) affects immunity of a foreign state from jurisdiction under other law. (d) Rule of construction A foreign state shall not be subject to the jurisdiction of the courts of the United States under subsection (b) on the basis of an omission or a tortious act or acts that constitute mere negligence. . (b) Technical and conforming amendments (1) The table of sections for chapter 97 section 1605B 1605C. Responsibility of foreign states for the trafficking of fentanyl into the United States. . (2) Subsection 1605(g)(1)(A) of title 28, United States Code, is amended by striking or section 1605B , 1605B, or 1605C 4. Stay of actions pending state negotiations (a) Exclusive jurisdiction The courts of the United States shall have exclusive jurisdiction in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605C of title 28, United States Code, as added by section 3(a) of this Act. (b) Intervention The Attorney General, in consultation with the Administrator of the Drug Enforcement Administration, may intervene in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605C of title 28, United States Code, as added by section 3(a) of this Act, for the purpose of seeking a stay of the civil action, in whole or in part. (c) Stay (1) In general A court of the United States may stay a proceeding against a foreign state in an action brought under section 1605C of title 28, United States Code, as added by section 3(a) of this Act, if the Secretary of State certifies that the United States is engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought. (2) Duration (A) In general A stay under this section may be granted for not more than 180 days. (B) Extension (i) In general The Attorney General may petition the court for an extension of the stay for additional 180-day periods. (ii) Recertification A court shall grant an extension under clause (i) if the Secretary of State recertifies that the United States remains engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought. 5. Severability If any provision of this Act or any amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid, the remainder of this Act and the amendments made by this Act, and the application of the provisions and amendments to any other person not similarly situated or to other circumstances, shall not be affected by the holding. 6. Effective date The amendments made by this Act shall apply to any civil action— (1) pending on, or commenced on or after, the date of enactment of this Act; and (2) arising out of an injury to a person, property, or business on or after January 1, 2013.

Justice Against Sponsors of Illicit Fentanyl Act of 2023

Prohibiting Certain Off-Post Demonstrations Act of 2024This bill prohibits members of the Armed Forces from participating in off-post demonstrations under certain circumstances. The bill makes violations of the prohibition punishable under the Uniform Code of Military Justice.Under the bill, members are prohibited from participating in off-post demonstrations whenthey are on-duty,they are in a foreign country,the activities constitute a breach of law and order,violence is likely to result,they are in uniform against regulations,the demonstration is against U.S. military action,the demonstration is against U.S. support of a U.S. ally at war, orthe demonstration is outside of the embassy of the United States or a U.S. ally.

118 S3890 IS: Prohibiting Certain Off-Post Demonstrations Act of 2024 U.S. Senate 2024-03-07 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 2d Session S. 3890 IN THE SENATE OF THE UNITED STATES March 7, 2024 Mr. Cotton Committee on Armed Services A BILL To prohibit certain off-post demonstrations. 1. Short title This Act may be cited as the Prohibiting Certain Off-Post Demonstrations Act of 2024 2. Prohibition on certain off-post demonstrations (a) Prohibition Members of the United States Armed Forces are prohibited from participating in off-post demonstrations under any of the following circumstances: (1) They are on-duty. (2) They are in a foreign country. (3) The activities constitute a breach of law and order. (4) Violence is likely to result. (5) They are in uniform in violation of Department of Defense Instruction (DoDI) 1334.1, Wearing of the Uniform, (6) The demonstration is against United States military action. (7) The demonstration is against United States support of a United States ally at war. (8) The demonstration is outside the embassy of the United States or a United States ally. (b) Dereliction of duty Failure to adhere to the prohibition in subsection (a) shall be punishable under section 892 of title 10, United States Code (article 92 of the Uniform Code of Military Justice).

Prohibiting Certain Off-Post Demonstrations Act of 2024

Informed Lawmaking to Combat Inflation Act This bill requires the Congressional Budget Office to provide inflation estimates for certain legislation that is projected to cause an annual gross budgetary effect of at least 0.25% of the projected gross domestic product of the United States. The estimates must include both the short-term and long-term inflationary effects of the legislation. Specifically, the estimates must determine whether the legislation will have no significant impact on inflation, a quantifiable inflationary impact on the consumer price index or the personal consumption expenditure index, or a significant impact on inflation that cannot be quantified at the time the estimate is prepared. The requirement does not apply to legislation that (1) provides for emergency assistance or relief at the request of any state, local, or tribal government; or (2) is necessary for the national security or the ratification or implementation of international treaty obligations.

118 S3895 IS: Informed Lawmaking to Combat Inflation Act U.S. Senate 2024-03-07 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 2d Session S. 3895 IN THE SENATE OF THE UNITED STATES March 7, 2024 Mr. Manchin Mr. Tillis Committee on the Budget A BILL To amend the Congressional Budget and Impoundment Control Act of 1974 to require the Congressional Budget Office to provide an inflation estimate with respect to legislation with a significant impact on the gross domestic product of the United States, and for other purposes. 1. Short title This Act may be cited as the Informed Lawmaking to Combat Inflation Act 2. Legislative mandated inflation accountability and reform (a) In general Part A of title IV of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 651 et seq. 407. Mandatory inflation forecasting (a) Definitions In this section— (1) the term Director (2) the term major legislation (A) means any bill or joint resolution, or amendment thereto, amendment between the Houses in relation thereto, or conference report thereon, that would be projected (in a conventional cost estimate) to cause an annual gross budgetary effect of at least 0.25 percent of the projected gross domestic product of the United States; and (B) does not include measure described in subparagraph (A) that— (i) provides for emergency assistance or relief at the request of any State, local, or Tribal government or any official of a State, local, or Tribal government; or (ii) is necessary for the national security or the ratification or implementation of international treaty obligations. (b) Agency assistance Each department, agency, establishment, or regulatory agency or commission of the Federal Government shall provide to the Director such information and assistance as the Director may reasonably request to assist the Director in carrying out this section. (c) Mandatory inflation forecasting (1) Submission of bills to the director On the date on which an authorizing committee of the Senate or the House of Representatives orders reported major legislation, the committee shall promptly provide the major legislation to the Director for the purpose of carrying out responsibilities detailed in paragraph (2). (2) Mandatory reporting on inflationary forecasting For any major legislation provided to the Director under paragraph (1), the Director shall prepare and submit to the applicable committee a statement estimating the inflationary effects of the major legislation, which shall include— (A) both short-term and long-term estimates of the inflationary effects of the major legislation; and (B) whether the Director determines that the major legislation— (i) will have no significant impact on inflation; (ii) will have quantifiable inflationary impact on the consumer price index or the personal consumption expenditure index; or (iii) is likely to have a significant impact on inflation but the amount cannot be determined at the time the estimate is prepared. (3) Amended bills and joint resolutions; conference reports If a bill or joint resolution is passed in an amended form (including if passed by one House as an amendment in the nature of a substitute for the text of a bill or joint resolution from the other House) or is reported by a committee of conference in amended form, and the amended form constitutes major legislation not previously considered by either House, the chair of the committee that reported the bill or joint resolution or the chair of any other committee designated by the Speaker of the House of Representatives or the President pro tempore of the Senate (as the case may be), or the committee of conference, respectively, shall ensure to the greatest extent practicable that the Director shall prepare a statement as provided in paragraph (2) or a supplemental statement for the bill or joint resolution in that amended form. (d) Legislation subject to point of order It shall not be in order in the Senate or the House of Representatives to consider any major legislation reported by a committee unless the committee has published a statement with respect to the major legislation prepared by the Director in accordance with this section. (e) Provisions relating to the House of Representatives (1) Enforcement It shall not be in order in the House of Representatives to consider a rule or order that waives the application of subsection (d). (2) Disposition of points of order (A) Application to the house of representatives This paragraph shall apply only to the House of Representatives. (B) Threshold burden In order to be cognizable by the Chair, a point of order under subsection (d) or paragraph (1) of this subsection must specify the precise language on which it is premised. (C) Question of consideration As disposition of points of order under subsection (d) or paragraph (1) of this section, the Chair shall put the question of consideration with respect to the proposition that is the subject of the points of order. (D) Debate and intervening motions A question of consideration under this section shall be debatable for 10 minutes by each Member initiating a point of order and for 10 minutes by an opponent on each point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be. (E) Effect on amendment in order as original text The disposition of the question of consideration under this subsection with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendment made in order as original text. . (b) Clerical amendment The table of contents in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 406 the following: Sec. 407. Mandatory inflation forecasting. .

Informed Lawmaking to Combat Inflation Act

Let's Get to Work Act of 2023 This bill modifies and expands work requirements under the Supplemental Nutrition Assistance Program (SNAP) and certain housing programs of the Department of Housing and Urban Development (HUD). Specifically, the bill repeals the temporary suspension of work requirements due to COVID-19 that allowed participants who would have lost eligibility due to such requirements to continue to receive SNAP benefits. It also expands work requirements under SNAP to apply to all able-bodied adults receiving benefits who are under the age of 60 (currently 50) as well as to individuals who have children over the age of 6. The bill exempts from work requirements an individual who is responsible for a dependent and married to, and resides with, an individual who is in compliance with the work requirements. The bill terminates a state's authority to provide exemptions to individuals who do not meet work requirements. Additionally, the bill establishes work requirements for families residing in public housing by applying SNAP work requirements to the HUD public housing and tenant-based rental assistance (voucher) programs.

116 S39 IS: Let's Get to Work 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. 39 IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Scott of Florida Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food and Nutrition Act of 2008 to modify work requirements under the supplemental nutrition assistance program, and for other purposes. 1. Short title This Act may be cited as the Let's Get to Work Act of 2023 2. SNAP work requirements (a) Repeal of waiver Section 2301 of the Families First Coronavirus Response Act ( 7 U.S.C. 2011 Public Law 116–127 (b) Work requirements (1) In general Section 6(o) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(o) (A) in paragraph (2), in the matter preceding subparagraph (A), by inserting , or, in the case of a parent or other member of a household with responsibility for a dependent child, 6 months (consecutive or otherwise), during which (B) in paragraph (3)— (i) in subparagraph (A), by striking 50 60 (ii) in subparagraph (C), by adding under 6 years of age (iii) in subparagraph (D), by striking or (iv) in subparagraph (E), by striking the period at the end and inserting ; or (v) by adding at the end the following: (F) (i) responsible for a dependent individual; and (ii) married to, and resides with, an individual who is in compliance with the requirements of paragraph (2). ; and (C) in paragraph (6)— (i) in subparagraph (B), by striking (H) (G) (ii) in subparagraph (C), by striking (F) and (H) (E) and (G) (iii) in subparagraph (D), by striking (F) through (H) (E) through (G) (iv) by striking subparagraph (E); (v) by redesignating subparagraphs (F) through (H) as subparagraphs (E) through (G), respectively; and (vi) in subparagraph (E) (as so redesignated), by striking (C), (D), or (E) (C) or (D) (2) Conforming amendment Section 16(h)(1)(E)(ii)(I) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(h)(1)(E)(ii)(I) 3-month period 3-month or 6-month period, as applicable, 3. Work requirements for public housing and tenant-based rental assistance (a) Public housing Section 3 of the United States Housing Act of 1937 ( 42 U.S.C. 1437a (e) Work requirements for families The requirements described in section 6(o) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(o) (1) is a member of a family residing in a public housing dwelling; and (2) is not exempted from those requirements under paragraph (3) of such section. . (b) Tenant-Based rental assistance Section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) (22) Work requirements for families The requirements described in section 6(o) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(o) (A) is a member of a family receiving tenant-based assistance; and (B) is not exempted from those requirements under paragraph (3) of such section. .

Let's Get to Work Act of 2023

No Tax Subsidies for Stadiums Act of 2023 This bill denies an exclusion from tax of the interest on professional stadium bonds (i.e., bonds used to finance or refinance capital expenditures for a stadium or arena used for professional sports exhibitions, games, or training).

118 S392 IS: No Tax Subsidies for Stadiums Act of 2023 U.S. Senate 2023-02-13 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. 392 IN THE SENATE OF THE UNITED STATES February 13, 2023 Mr. Lankford Mr. Booker Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to ensure that bonds used to finance professional stadiums are not treated as tax-exempt bonds. 1. Short title This Act may be cited as the No Tax Subsidies for Stadiums Act of 2023 2. No tax-exempt bonds for professional stadiums (a) In general Section 103(b) (4) Professional stadium bond Any professional stadium bond. . (b) Professional stadium bond defined Section 103(c) of such Code is amended by adding at the end the following new paragraph: (3) Professional stadium bond The term professional stadium bond . (c) Effective date The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.

No Tax Subsidies for Stadiums Act of 2023

Boosting Tax Credits for Accessible Housing Act This bill increases the low-income housing tax credit for units designated for occupancy by persons with disabilities.

118 S3925 IS: Boosting Tax Credits for Accessible Housing Act U.S. Senate 2024-03-12 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 2d Session S. 3925 IN THE SENATE OF THE UNITED STATES March 12, 2024 Mr. Casey Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to increase the low-income housing credit for projects designated to serve households with people with disabilities. 1. Short title This Act may be cited as the Boosting Tax Credits for Accessible Housing Act 2. Increase in low-income housing credit for projects designated to serve households with people with disabilities (a) In general Paragraph (5) of section 42(d) (C) Increase in credit for projects designated to serve households with people with disabilities (i) In general In the case of any building— (I) 50 percent or more of the low-income units in the building are units designated by the taxpayer to meet the applicable design standards for occupancy by persons with mental, physical, sensory, or developmental disabilities, (II) which is located in a census block group designated by the Environmental Protection Agency as being— (aa) above average or better in terms of walkability, or (bb) adjacent to 2 or more census tracts described in item (aa), and (III) which is designated by the housing credit agency as requiring the increase in credit under this subparagraph in order for such building to be financially feasible as part of a qualified low-income housing project, subparagraph (B) shall not apply to the portion of such building which is comprised of such units, and the eligible basis of such portion of the building shall be 150 percent of such basis determined without regard to this subparagraph. (ii) Design standards For purposes of clause (i)(I), the term applicable design standards . (b) Effective date The amendment made by this section shall apply to buildings which receive allocations of housing credit dollar amount or, in the case of projects financed by tax-exempt obligations as described in section 42(h)(4)

Boosting Tax Credits for Accessible Housing Act

Laken Riley Act This bill requires the Department of Homeland Security (DHS) to detain certain non-U. S. nationals (aliens under federal law) who have been arrested for burglary, theft, larceny, or shoplifting. The bill also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement. Under this bill, DHS must detain an individual who (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted for, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting. The bill also authorizes state governments to sue for injunctive relief over certain immigration-related decisions or alleged failures by the federal government if the decision or failure caused the state or its residents harm, including financial harm of more than $100. Specifically, the state government may sue the federal government over a decision to release a non-U. S. national from custody; failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews; failure to fulfill a requirement to stop issuing visas to nationals of a country that unreasonably denies or delays acceptance of nationals of that country; violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; or failure to detain an individual who has been ordered removed from the United States.

118 S3933 IS: Laken Riley Act U.S. Senate 2024-03-12 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 2d Session S. 3933 IN THE SENATE OF THE UNITED STATES March 12, 2024 Mrs. Britt Mr. Barrasso Mrs. Blackburn Mr. Boozman Mr. Braun Mr. Budd Mrs. Capito Mr. Cornyn Mr. Cotton Mr. Cramer Mr. Crapo Mr. Daines Mrs. Fischer Mr. Graham Mr. Grassley Mr. Hagerty Mr. Hawley Mr. Hoeven Mr. Kennedy Mr. Lee Ms. Lummis Mr. McConnell Mr. Ricketts Mr. Risch Mr. Schmitt Mr. Scott of Florida Mr. Scott of South Carolina Mr. Thune Mr. Tillis Mr. Tuberville Mr. Wicker Mr. Rounds Mr. Lankford Mr. Moran Committee on the Judiciary A BILL To require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes. 1. Short title This Act may be cited as the Laken Riley Act 2. Findings; sense of Congress (a) Findings Congress finds that the Nation— (1) mourns the devastating loss of Laken Riley and other victims of the Biden administration’s open borders policies; (2) honors the life and memory of Laken Riley and other victims of the Biden administration’s open borders policies; and (3) denounces the open-borders policies of President Joe Biden, Border Czar (b) Sense of Congress It is the sense of Congress that— (1) the Biden administration should not have released Laken Riley’s alleged murderer into the United States; (2) the Biden administration should have arrested and detained Laken Riley’s alleged murderer after he was charged with crimes in New York, New York, and Athens, Georgia; (3) President Biden should publicly denounce his administration’s immigration policies that resulted in the murder of Laken Riley; and (4) President Biden should prevent another murder like that of Laken Riley by ending the catch-and-release of illegal aliens, increasing immigration enforcement, detaining and removing criminal aliens, reinstating the Remain in Mexico policy, ending his abuse of parole authority, and securing the United States borders. 3. Detention of certain aliens who commit theft Section 236(c) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c) (1) in paragraph (1)— (A) in subparagraph (C), by striking or (B) in subparagraph (D), by striking the comma at the end and inserting , or (C) by inserting after subparagraph (D) the following: (E) (i) is inadmissible under paragraph (6)(A), (6)(C), or (7) of section 212(a), and (ii) is charged with, is arrested for, is convicted of, admits having committed, or admits committing acts which constitute the essential elements of any burglary, theft, larceny, or shoplifting offense, ; (2) by redesignating paragraph (2) as paragraph (4); and (3) by inserting after paragraph (1) the following: (2) Definition For purposes of paragraph (1)(E), the terms burglary theft larceny shoplifting (3) Detainer The Secretary of Homeland Security shall issue a detainer for an alien described in paragraph (1)(E) and, if the alien is not otherwise detained by Federal, State, or local officials, shall effectively and expeditiously take custody of the alien. . 4. Enforcement by attorney general of a State (a) Inspection of applicants for admission Section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: (3) Enforcement by attorney general of a State The attorney general of a State, or other authorized State officer, alleging a violation of the detention and removal requirements under paragraph (1) or (2) that harms such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this paragraph to the greatest extent practicable. For purposes of this paragraph, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100. . (b) Apprehension and detention of aliens Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 (1) in subsection (e)— (A) by striking or release (B) by striking grant, revocation, or denial revocation or denial (2) by adding at the end the following: (f) Enforcement by attorney general of a State The attorney general of a State, or other authorized State officer, alleging an action or decision by the Attorney General or Secretary of Homeland Security under this section to release any alien or grant bond or parole to any alien that harms such State or its residents shall have standing to bring an action against the Attorney General or Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100. . (c) Penalties Section 243 of the Immigration and Nationality Act ( 8 U.S.C. 1253 (e) Enforcement by attorney general of a State The attorney general of a State, or other authorized State officer, alleging a violation of the requirement to discontinue granting visas to citizens, subjects, nationals, and residents as described in subsection (d) that harms such State or its residents shall have standing to bring an action against the Secretary of State on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100. . (d) Certain classes of aliens Section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) (1) by striking Attorney General Secretary of Homeland Security (2) by adding at the end the following: (C) The attorney general of a State, or other authorized State officer, alleging a violation of the limitation under subparagraph (A) that parole solely be granted on a case-by-case basis and solely for urgent humanitarian reasons or a significant public benefit, that harms such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subparagraph to the greatest extent practicable. For purposes of this subparagraph, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100. . (e) Detention Section 241(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a)(2) (1) by striking During the removal period, (A) In general During the removal period, ; and (2) by adding at the end the following: (B) Enforcement by attorney general of a State The attorney general of a State, or other authorized State officer, alleging a violation of the detention requirement under subparagraph (A) that harms such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subparagraph to the greatest extent practicable. For purposes of this subparagraph, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100. . (f) Limit on injunctive relief Section 242(f) of the Immigration and Nationality Act ( 8 U.S.C. 1252(f) (3) Certain actions Paragraph (1) shall not apply to an action brought pursuant to section 235(b)(3), subsections (e) or (f) of section 236, or section 241(a)(2)(B). .

Laken Riley Act

Protecting Religious Freedom for Foster Families ActThis bill prohibits the Children's Bureau of the Administration for Children and Families from finalizing or implementing the proposed rule titled Safe and Appropriate Foster Care Placement Requirements for Titles IV-E and IV-B and published on September 28, 2023.The rule establishes procedures that state and tribal agencies must follow when implementing case plans and case review requirements for children in foster care who identify as lesbian, gay, bisexual, transgender, queer or questioning, or intersex, as well as children who are non-binary, or have non-conforming gender identity or expression.

118 S3935 IS: Protecting Religious Freedom for Foster Families Act U.S. Senate 2024-03-14 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 2d Session S. 3935 IN THE SENATE OF THE UNITED STATES March 14, 2024 Mr. Marshall Mrs. Blackburn Mrs. Hyde-Smith Committee on Finance A BILL To prohibit the Secretary of Health and Human Services from finalizing, implementing, or enforcing the proposed rule, entitled Safe and Appropriate Foster Care Placement Requirements for Titles IV–E and IV–B 1. Short title This Act may be cited as the Protecting Religious Freedom for Foster Families Act 2. Prohibition on rulemaking The Secretary of Health and Human Services may not finalize, implement, or enforce the proposed rule, entitled Safe and Appropriate Foster Care Placement Requirements for Titles IV–E and IV–B

Protecting Religious Freedom for Foster Families Act

Clean Slate for Kids Online Act of 2023 This bill allows individuals over age 13 (or their guardians, if applicable) to request the deletion of information collected from or about them while they were under age 13 by a website or online service that is directed to children. Specifically, the bill requires an operator of such a website or service to provide notice on their website about how an individual over age 13 (or the guardian of an individual over age 13) can request the deletion of all personal information in the operator's possession collected when the individual was under age 13; promptly delete, upon request, all such personal information; and provide written confirmation of deletion. The bill allows a limited exception to the deletion requirement if the personal information collected from or about a child is necessary to (1) respond to a judicial process, or (2) to provide information to law enforcement agencies or for an investigation related to public safety.

118 S395 IS: Clean Slate for Kids Online Act of 2023 U.S. Senate 2023-02-13 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. 395 IN THE SENATE OF THE UNITED STATES February 13, 2023 Mr. Durbin Mr. Blumenthal Ms. Hirono Committee on Commerce, Science, and Transportation A BILL To amend the Children’s Online Privacy Protection Act of 1998 to give Americans the option to delete personal information collected by internet operators as a result of the person’s internet activity prior to age 13. 1. Short title This Act may be cited as the Clean Slate for Kids Online Act of 2023 2. Enhancing the Children’s Online Privacy Protection Act of 1998 (a) Definitions Section 1302 of the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 (13) Delete The term delete . (b) Regulation of unfair and deceptive acts and practices in connection with the collection and use of personal information from and about children on the internet Section 1303 of the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6502 (1) in subsection (a), by adding at the end the following: (3) Failure to delete It is unlawful for an operator of a website or online service directed to children, or any operator that has actual knowledge that it is collecting personal information from a child, to fail to delete personal information collected from or about a child if a request for deletion is made pursuant to regulations prescribed under subsection (e). ; and (2) by adding at the end the following: (e) Right of an individual To delete personal information collected when the person was a child (1) In general Not later than 1 year after the date of enactment of this subsection, the Commission shall promulgate under section 553 of title 5, United States Code, regulations that require the operator of any website or online service directed to children, or any operator that has actual knowledge that it has collected personal information from a child or maintains such personal information— (A) to provide notice in a prominent place on the website of how an individual over the age of 13, or a legal guardian of an individual over the age of 13 acting with the knowledge and consent of the individual, can request that the operator delete all personal information in the possession of the operator that was collected from or about the individual when the individual was a child notwithstanding any parental consent that may have been provided when the individual was a child; (B) to promptly delete all personal information in the possession of the operator that was collected from or about an individual when the individual was a child when such deletion is requested by an individual over the age of 13 or by the legal guardian of such individual acting with the knowledge and consent of the individual, notwithstanding any parental consent that may have been provided when the individual was a child; (C) to provide written confirmation of deletion, after the deletion has occurred, to an individual or legal guardian of such individual who has requested such deletion pursuant to this subsection; and (D) to except from deletion personal information collected from or about a child— (i) only to the extent that the personal information is necessary— (I) to respond to judicial process; or (II) to the extent permitted under any other provision of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety; and (ii) if the operator retain such excepted personal information for only as long as reasonably necessary to fulfill the purpose for which the information has been excepted and that the excepted information not be used, disseminated or maintained in a form retrievable to anyone except for the purposes specified in this subparagraph. . (c) Safe harbors Section 1304 of the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6503 (1) in subsection (a), by striking section 1303(b) subsections (b) and (e) of section 1303 (2) in subsection (b)(1), by striking subsection (b) subsections (b) and (e) (d) Actions by States Section 1305(a)(1) of the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6504(a)(1) 1303(b) subsection (b) or (e) of section 1303

Clean Slate for Kids Online Act of 2023

Haiti Criminal Collusion Transparency Act of 2023 This bill requires the Department of State to provide an annual report to Congress on ties between criminal gangs and political and economic elites in Haiti. The bill also requires the President to impose visa- and property-blocking sanctions on certain individuals identified in the report if appropriate under U.S. law. Among other things, the report must (1) identify prominent criminal gangs in Haiti, (2) list Haitian political and economic elites that have links to criminal gangs, (3) assess how collusion between Haitian political and economic elites and criminal gangs threatens the Haitian people and U.S. national interests, and (4) assess what actions the governments of the United States and Haiti could take to address those threats. The President may waive sanctions in certain circumstances.

117 S396 IS: Haiti Criminal Collusion Transparency Act of 2023 U.S. Senate 2023-02-13 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. 396 IN THE SENATE OF THE UNITED STATES February 13, 2023 Mr. Menendez Mr. Rubio Mr. Kaine Mr. Cruz Mr. Booker Committee on Foreign Relations A BILL To require the Secretary of State to submit an annual report to Congress regarding the ties between criminal gangs and political and economic elites in Haiti and impose sanctions on political and economic elites involved in such criminal activities. 1. Short title This Act may be cited as the Haiti Criminal Collusion Transparency Act of 2023 2. Findings Congress makes the following findings: (1) According to a United Nations estimate, approximately 167 criminal gangs operated in Haiti in October 2021, exerting territorial control over as much as two-thirds of the country. (2) Haitian armed criminal gangs, the most prominent of which are the G9 Family and Allies and 400 Mawozo gangs, conduct violent crimes, including murder, rape, arms and drug trafficking, racketeering, kidnapping, and blockades of fuel and aid deliveries. These crimes have perpetuated the ongoing security and humanitarian crises in Haiti, which have worsened since the assassination of President Jovenel Moïse on July 7, 2021. (3) The United Nations Office of the High Commissioner for Human Rights and the Human Rights Service jointly found a 333 percent increase in human rights violations and abuses against the rights to life and security in Haiti between July 2018 and December 2019. (4) At least 19,000 Haitians were forcibly displaced during 2021 due to rising criminal violence. (5) At least 803 kidnappings were reported in Haiti during the first 10 months of 2021, including the kidnapping of more than 16 United States citizens, giving Haiti having the highest per capita kidnapping rate of any country in the world. (6) There is significant evidence of collusion between criminal gangs and economic and political elites in Haiti, including members of the Haitian National Police, which has resulted in widespread impunity and directly contributed to Haiti’s current security crisis. (7) On December 10, 2020, the Office of Foreign Assets Control of the Department of the Treasury designated former Haitian National Police officer Jimmy Chérizier, former Director General of the Ministry of the Interior Fednel Monchery, and former Departmental Delegate Joseph Pierre Richard Duplan under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328 22 U.S.C. 2656 3. Reporting requirements (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations of the Senate (B) the Select Committee on Intelligence of the Senate (C) the Committee on Foreign Affairs of the House of Representatives (D) the Permanent Select Committee on Intelligence of the House of Representatives. (2) Economic elites The term economic elites (3) Intelligence community The term intelligence community 50 U.S.C. 3003(4) (4) Political and economic elites The term political and economic elites (5) Political elites The term political elites (b) Report required (1) In general Not later than 90 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary of State, in coordination with the intelligence community, shall submit a report to the appropriate congressional committees regarding the ties between criminal gangs and political and economic elites in Haiti. The report shall— (A) identify prominent criminal gangs in Haiti, describe their criminal activities, and identify their primary geographic areas of operations; (B) list Haitian political and economic elites who have links to criminal gangs; (C) describe in detail the relationship between the individuals listed pursuant to subparagraph (B) and the criminal gangs identified pursuant to subparagraph (A); (D) list Haitian political and economic elites with links to criminal activities who are currently subjected to visa restrictions or sanctions by the United States, its international partners, or the United Nations, including information regarding— (i) the date on which each such Haitian political or economic elite was designated for restrictions or sanctions; (ii) which countries have designated such Haitian political and economic elites for restrictions or sanctions; and (iii) for Haitian political and economic elites who were designated by the United States, the statutory basis for such designation; (E) describe in detail how Haitian political and economic elites use their relationships with criminal gangs to advance their political and economic interests and agenda; (F) include an assessment of how the nature and extent of collusion between political and economic elites and criminal gangs threatens the Haitian people and United States national interests and activities in the country, including the provision of security assistance to the Haitian government; and (G) include an assessment of potential actions that the Government of the United States and the Government of Haiti could take to address the findings made pursuant to subparagraph (F). (2) Form of report The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (c) Designations of political and economic elites (1) In general The Secretary of State, in coordination with other relevant Federal agencies and departments, shall identify persons identified pursuant to subparagraphs (A) and (B) of subsection (b)(1) who may be subjected to visa restrictions and sanctions under— (A) section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103 8 U.S.C. 1182 (B) section 1263 of the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10102 (2) Imposition of sanctions Not later than 30 days after the date on which the report is submitted pursuant to subsection (b), the President shall impose, on individuals identified pursuant to paragraph (1), to the extent applicable, the sanctions referred to in subparagraphs (A) and (B) of such paragraph. (3) Waiver The President may waive the requirements under paragraphs (1) and (2) with respect to a foreign person if the President certifies and reports to the appropriate congressional committees before such waiver is to take effect that such waiver— (A) would serve a vital national interest of the United States; or (B) is necessary for the delivery of humanitarian assistance or other assistance that supports basic human needs. (4) Public availability The list of persons identified pursuant to subsection (b)(1)(B) shall be posted on a publicly accessible website of the Department of State beginning on the date on which the report required under subsection (b)(1) is submitted to Congress. (d) Sunset This section shall cease to have effect on the date that is 5 years after the date of the enactment of this Act.

Haiti Criminal Collusion Transparency Act of 2023

Saving the Civil Service Act This bill prohibits executive agency positions in the competitive service from being placed in the excepted service, unless such positions are placed in Schedules A through E as in effect on September 30, 2020. The bill also prohibits positions in the excepted service from being placed in any schedule other than the aforementioned schedules. Additionally, agencies may not (1) transfer occupied positions from the competitive or excepted service into Schedule C without the consent of the Office of Personnel Management, or (2) transfer employees in the excepted service to another schedule or transfer employees in the competitive service to the excepted service without employee consent. The bill also caps the number of employees that may be transferred from the competitive service to the excepted service during a presidential term to 1% of total employees as of the first day of the term or five employees, whichever is greater. On October 21, 2020, former President Donald Trump issued an executive order titled Creating Schedule F in the Excepted Service. The order placed executive agency positions that are of a confidential, policy-determining, policy-making, or policy-advocating character, and that are not normally subject to change as a result of a presidential transition, under a new schedule in the excepted service (Schedule F) instead of the competitive service. The order also required any such positions in the excepted service to be reclassified to Schedule F. The order was subsequently revoked by President Joe Biden.

118 S399 IS: Saving the Civil Service Act U.S. Senate 2023-02-14 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. 399 IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Kaine Mrs. Feinstein Mr. Warner Mr. Cardin Mr. Van Hollen Mr. Schatz Mr. Markey Ms. Duckworth Ms. Hirono Mr. King Mrs. Shaheen Mr. Casey Mr. Durbin Mr. Whitehouse Mr. Carper Committee on Homeland Security and Governmental Affairs A BILL To place limitations on excepting positions from the competitive service, and for other purposes. 1. Short title This Act may be cited as the Saving the Civil Service Act 2. Limitations on excepting positions from competitive service and transferring positions (a) Definitions In this section— (1) the term agency (2) the term competitive service (3) the term Director (4) the term excepted service (b) Limitations A position in the competitive service may not be excepted from the competitive service unless that position is placed— (1) in any of schedules A through E, as described in section 6.2 of title 5, Code of Federal Regulations, as in effect on September 30, 2020; and (2) under the terms and conditions under part 6 of title 5, Code of Federal Regulations, as in effect on September 30, 2020. (c) Transfers (1) Within excepted service A position in the excepted service may not be transferred to any schedule other than a schedule described in subsection (b)(1). (2) OPM consent required An agency may not transfer any occupied position from the competitive service or the excepted service into schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or any successor regulations, without the prior consent of the Director. (3) Limit during presidential term During any 4-year presidential term, an agency may not transfer from a position in the competitive service to a position in the excepted service the greater of the following: (A) A total number of employees that is more than 1 percent of the total number of employees employed by that agency, as of the first day of that presidential term. (B) 5 employees. (4) Employee consent required Notwithstanding any other provision of this section— (A) an employee who occupies a position in the excepted service may not be transferred to an excepted service schedule other than the schedule in which that position is located without the prior written consent of the employee; and (B) an employee who occupies a position in the competitive service may not be transferred to the excepted service without the prior written consent of the employee. (d) Other matters (1) Application Notwithstanding section 7425(b) of title 38, United States Code, this section shall apply to a position under chapter 73 or 74 of that title. (2) Report Not later than March 15 of each calendar year, the Director shall submit to Congress a report on the immediately preceding calendar year that lists— (A) each position that, during the year covered by the report, was transferred from the competitive service to the excepted service and a justification as to why each such position was so transferred; and (B) any violation of this section that occurred during the year covered by the report. (e) Regulations Not later than 90 days after the date of enactment of this Act, the Director shall issue regulations to implement this section.

Saving the Civil Service Act

Prioritizing Accountability and Accessibility for Aviation Consumers Act of 2023 This bill requires the Department of Transportation (DOT) to annually report on aviation consumer complaints related to passengers with a disability. Each report must include (1) the number and nature of complaints filed with DOT related to passengers with a disability during the previous five years, (2) an overview of DOT's complaint review process and how quickly complaints are addressed, and (3) the number of complaints DOT referred to other departments and agencies for enforcement action. These reports must be publicly available.

118 S400 IS: Prioritizing Accountability and Accessibility for Aviation Consumers Act of 2023 U.S. Senate 2023-02-14 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. 400 IN THE SENATE OF THE UNITED STATES February 14, 2023 Ms. Duckworth Mrs. Fischer Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Transportation to annually report on aviation consumer complaints related to passengers with a disability. 1. Short title This Act may be cited as the Prioritizing Accountability and Accessibility for Aviation Consumers Act of 2023 2. Annual report of the Secretary of Transportation on aviation consumer complaints related to passengers with a disability (a) Annual report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Transportation shall submit a report on aviation consumer complaints related to passengers with a disability filed with the Department of Transportation to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and shall make each report publicly available. (b) Report Each report submitted under subsection (a) shall include, but not be limited to, the following: (1) The number of aviation consumer complaints related to passengers with a disability filed with the Department of Transportation during the 5 most recent calendar years. (2) The nature of such complaints, such as reported issues with— (A) an air carrier, including an air carrier's staff training or lack thereof; (B) mishandling of passengers with a disability or their accessibility equipment; (C) the condition or lack of accessibility equipment or materials; (D) the accessibility of in-flight services, including accessing and utilizing on-board lavatories, for passengers with a disability; (E) difficulties experienced by passengers with a disability in communicating with an air carrier or staff of an air carrier; (F) difficulties experienced by passengers with a disability in being moved, handled, or having their schedule changed without consent; (G) issues experienced by passengers with a disability traveling with a service animal; and (H) such other issues as the Secretary of Transportation deems appropriate. (3) An overview of the review process for such complaints received during such period. (4) How quickly review for each such complaint was initiated. (5) How quickly each such complaint was resolved or otherwise addressed. (6) Of the complaints that were found to violate section 41705 of title 49, United States Code (commonly known as the Air Carrier Access Act of 1986 (A) the number of such complaints for which a formal enforcement order was issued; and (B) the number of such complaints for which a formal enforcement order was not issued. (7) How many aviation consumer complaints related to passengers with a disability were referred to the Department of Justice for an enforcement action under— (A) section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 (B) the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. (C) any other provision of law. (8) How many aviation consumer complaints related to passengers with a disability filed with the Department of Transportation that involved airport staff, or other matters under the jurisdiction of the Federal Aviation Administration, were referred to the Federal Aviation Administration. (9) How many aviation consumer complaints related to passengers with a disability filed with the Department of Transportation that involved Transportation Security Administration staff, or other matters under the jurisdiction of the Transportation Security Administration, were referred to the Transportation Security Administration or the Department of Homeland Security. (c) Definitions (1) In general The definitions set forth in section 40102 of title 49, United States Code, and section 382.3 of title 14, Code of Federal Regulations, apply to any term defined in such sections that is used in this section. (2) Passengers with a disability defined In this section, the term passengers with a disability qualified individual with a disability (d) Authorization of appropriations There is authorized to be appropriated such sums as are necessary to carry out this section.

Prioritizing Accountability and Accessibility for Aviation Consumers Act of 2023

Oral Health Literacy and Awareness Act of 2023 This bill requires the Health Resources and Services Administration (HRSA) to conduct a public education campaign to increase oral health literacy and awareness. HRSA must design the campaign to focus on children, pregnant women, parents, older adults, people with disabilities, and racial and ethnic minorities.

118 S403 IS: Oral Health Literacy and Awareness Act of 2023 U.S. Senate 2023-02-14 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. 403 IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Luján Ms. Collins Mr. Cardin Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to authorize a public education campaign across all relevant programs of the Health Resources and Services Administration to increase oral health literacy and awareness. 1. Short title This Act may be cited as the Oral Health Literacy and Awareness Act of 2023 2. Oral health literacy and awareness campaign The Public Health Service Act is amended by inserting after section 340G–1 of such Act ( 42 U.S.C. 256g–1 340G–2. Oral health literacy and awareness (a) Campaign The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a public education campaign (referred to in this subsection as the campaign (b) Strategies In carrying out the campaign, the Secretary shall identify oral health literacy and awareness strategies that are evidence-based and focused on oral health care education, including education on prevention of oral disease such as early childhood and other caries, periodontal disease, and oral cancer. (c) Focus The Secretary shall design the campaign to communicate directly with specific populations, including children, pregnant women, parents, the elderly, individuals with disabilities, and ethnic and racial minority populations, including Indians, Alaska Natives, and Native Hawaiians, in a culturally- and linguistically-appropriate manner. (d) Outcomes In carrying out the campaign, the Secretary shall include a process for measuring outcomes and effectiveness. (e) Report to Congress Not later than 3 years after the date of enactment of this section, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the outcomes and effectiveness of the campaign. (f) Authorization of appropriations To carry out this section, there is authorized to be appropriated $750,000 for each of fiscal years 2024 through 2028. .

Oral Health Literacy and Awareness Act of 2023

Terrorism Survivors Student Loan Deferment Act of 2023 This bill allows a borrower who is a victim of a terrorist attack to defer payment of federal student loans for up to one year.

118 S409 IS: Terrorism Survivors Student Loan Deferment Act of 2023 U.S. Senate 2023-02-14 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. 409 IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Rubio Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to provide student loan deferment for victims of terrorist attacks. 1. Short title This Act may be cited as the Terrorism Survivors Student Loan Deferment Act of 2023 2. Student loan deferment for victims of terrorist attacks (a) Terms of federally insured student loans Section 427(a)(2)(C) of the Higher Education Act of 1965 ( 20 U.S.C. 1077(a)(2)(C) (1) in clause (iii), by striking or (2) in clause (iv), by striking the period at the end and inserting ; or (3) by adding at the end the following: (v) not in excess of 1 year due to the borrower being a victim of a terrorist attack; . (b) FFEL program Section 428(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1078(b) (1) in paragraph (1)(M)— (A) in clause (iv), by striking or (B) in clause (v), by inserting or (C) by adding at the end the following: (vi) not in excess of 1 year due to the borrower being a victim of a terrorist attack as described in paragraph (10); ; and (2) by adding at the end the following: (10) Deferment for victims of terrorist attacks For purposes of deferment under paragraph (1)(M)(vi), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack. . (c) Direct loans Section 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e (1) in subsection (e)(7)(B)(i), by inserting or due to the borrower being a victim of a terrorist attack section 435(o) (2) in subsection (f)— (A) in paragraph (2)— (i) in subparagraph (C), by striking clause (i) or (ii); or clause (i) or (ii); (ii) in subparagraph (D), by striking the period at the end and inserting ; or (iii) by adding at the end the following: (E) not in excess of 1 year due to the borrower being a victim of a terrorist attack as described in paragraph (6). ; and (B) by adding at the end the following: (6) Deferment for victims of terrorist attacks For purposes of deferment under paragraph (2)(E), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack. . (d) Federal Perkins loans Section 464(c)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1087dd(c)(2) (1) in subparagraph (A)— (A) in clause (v), by striking or (B) in clause (vi), by inserting or (C) by inserting after clause (vi) the following: (vii) not in excess of 1 year due to the borrower being a victim of a terrorist attack as described in subparagraph (D); ; and (2) by adding at the end the following: (D) For purposes of deferment under subparagraph (A)(vii), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack. . (e) Designating victims of terrorist attacks The head of the Federal agency that is handling the investigation of a terrorist attack, or has handled the investigation of a terrorist attack, shall designate the individuals who are victims of such terrorist attack. (f) Anti-Fraud protections The Secretary of Education shall establish anti-fraud protections in carrying out the amendments made by this Act.

Terrorism Survivors Student Loan Deferment Act of 2023

READ Act Reauthorization Act of 2023 This bill reauthorizes a law that requires the implementation of a strategy to promote quality basic education in partner countries by (1) expanding access to basic education for all children, particularly marginalized children and vulnerable groups; and (2) improving the quality of basic education and learning outcomes.

115 S41 ES: READ Act Reauthorization 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. 41 IN THE SENATE OF THE UNITED STATES AN ACT To reauthorize the READ Act. 1. Short title This Act may be cited as the READ Act Reauthorization Act of 2023 2. Reauthorization Section 4(a) of the Reinforcing Education Accountability in Development Act (division A of Public Law 115–56 22 U.S.C. 2151c during the following five fiscal years during the following ten fiscal years Passed the Senate November 6, 2023. Secretary

READ Act Reauthorization Act of 2023

Federal Social Media Research Act This bill provides funding for a short-term study and a long-term study on the physical and mental health effects of using social media technologies on users who are under the age of 18. It also authorizes the Government Accountability Office to conduct the studies, including in partnership with any other federal agency. The bill specifies that the aim of the studies is to assess the relationship between patterns of social media use and suicide, anxiety, depression, and other medical conditions.

118 S410 IS: Federal Social Media Research Act U.S. Senate 2023-02-14 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. 410 IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Hawley Committee on Health, Education, Labor, and Pensions A BILL To authorize a Federal report and longitudinal study regarding the effects of social media on users under age 18. 1. Short title This Act may be cited as the Federal Social Media Research Act 2. Short-term study (a) Study The Comptroller General of the United States, in partnership with any other Federal agency the Comptroller General may designate, shall study the impact of social media technologies on the mental and physical health of social media users under age 18, with particular attention to assessing current circumstances and expected trends. Such study shall aim to assess in particular any relationship between social media use patterns and the following medical conditions: (1) Suicidality. (2) Anxiety. (3) Depression. (4) Eating disorders. (5) Attention deficit hyperactivity disorder. (6) Gender dysphoria. (b) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit a report to Congress on the study required under subsection (a). (c) Appropriations Out of any money in the Treasury not otherwise appropriated, there is appropriated to the Comptroller General, for fiscal year 2023, $1,000,000, to remain available until expended, to carry out the study described in this section. 3. Longitudinal study (a) Study The Comptroller General of the United States, in partnership with any other Federal agency the Comptroller General may designate, shall study the impact of social media technologies on the mental and physical health of a cohort of social media users initially drawn from the population of such users under age 18, with particular attention to the long-term effects of social media technology use on the health of such users. Such study shall aim to assess in particular any relationship between social media use patterns and the medical conditions listed in section 2(a). (b) Report Not later than 10 years after the date of enactment of this Act, the Comptroller General shall submit a report to Congress on the study required under subsection (a). (c) Appropriations Out of any money in the Treasury not otherwise appropriated, there is appropriated to the Comptroller General, for fiscal year 2023, $20,000,000, to remain available until expended, to carry out the study described in this section.

Federal Social Media Research Act

EAGLES Act of 2023 This bill reauthorizes the National Threat Assessment Center (NTAC) within the U.S. Secret Service. It reauthorizes the functions of NTAC through FY2028 and expands them to include additional activities related to the prevention of targeted violence, such as the establishment of a national program on targeted school violence prevention.

118 S411 IS: EAGLES Act of 2023 U.S. Senate 2023-02-14 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. 411 IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Grassley Mr. Rubio Ms. Cortez Masto Mr. Scott of Florida Mr. Manchin Ms. Collins Mr. King Committee on the Judiciary A BILL To amend title 18, United States Code, to reauthorize and expand the National Threat Assessment Center of the Department of Homeland Security. 1. Short title This Act may be cited as the EAGLES Act of 2023 2. Findings; Sense of Congress (a) Findings Congress finds the following: (1) On February 14, 2018, 17 individuals were murdered in a senseless and violent attack on Marjory Stoneman Douglas High School in Parkland Florida, a school whose mascot is the eagle. (2) These individuals, Alaina Petty, Alex Schachter, Alyssa Alhadeff, Cara Loughran, Carmen Schentrup, Gina Montalto, Helena Ramsay, Jaime Guttenberg, Joaquin Oliver, Luke Hoyer, Martin Duque, Meadow Pollack, Nicholas Dworet, Peter Wang, Aaron Feis, Chris Hixon, and Scott Beigel, lived lives of warmth, joy, determination, service, and love, and their loss is mourned by the Nation. (3) Like many attackers, the shooter in that attack exhibited patterns of threatening and concerning behavior prior to the massacre that were alarming and that should have alerted law enforcement and other Federal, State, and local officials about the potential for violence. (4) Acts of targeted violence, including the attack on Marjory Stoneman Douglas High School are preventable. (5) Lives were saved because of the brave and exemplary conduct of many students, teachers, and staff at Marjory Stoneman Douglas High School, including several of the victims of the attack. (6) The National Threat Assessment Center of the United States Secret Service (referred to in this Act as the Center (7) Research published by the Center on targeted violence has shown that— (A) most incidents were planned in advance; (B) the attackers’ behavior gave some indication that the individual was planning, or at least contemplating, an attack; (C) most attackers had already exhibited a pattern of behavior that elicited concern by other people in their lives; and (D) prior to the attack, someone associated with the attacker, such as a family member or peer, often knew the attack was to likely to occur. (8) Through their research, the Center developed the behavioral threat assessment model of the United States Secret Service for preventing targeted violence, which includes a 3-step process— (A) identifying individuals who are exhibiting threatening or concerning behaviors that indicate they may pose a risk of violence; (B) assessing whether the individual poses a risk, based on articulable facts; and (C) managing the risk posed through individualized proactive and preventive measures. (9) The behavioral threat assessment model of the United States Secret Service works most effectively when all the relevant parties, including local law enforcement, mental health professionals, workplace managers, school personnel, and members of the community, are part of a comprehensive protocol to identify, assess, and manage a potential threat. (10) The primary goal of behavioral threat assessment programs is to prevent targeted violence, with an emphasis on providing early intervention, and connecting individuals exhibiting threatening or concerning behavior to existing community resources for support. (11) Early intervention is a proven and effective way to prevent violent conduct that would otherwise harm others and necessitate more punitive action, including criminal penalties. (12) The parties involved need the appropriate research, guidance, training, and tools to establish the appropriate mechanisms for implementing this type of preventive of approach. (13) In elementary and secondary schools, a behavioral threat assessment is a proactive approach to identify, assess, and provide age-appropriate interventions, resources, and supports for students who display behavior that elicits concerns for the safety of themselves or others. (14) There has been a 79-percent decline in bullying infractions in elementary and secondary school communities that have received training by the Center. (15) The demand from local communities throughout the United States for behavioral threat assessment trainings has significantly increased. Since its inception, the Center has provided over 2,575 training sessions to over 273,000 attendees. (16) From fiscal year 2018 to fiscal year 2022, the Center has experienced a 117-percent increase in demand for training sessions, with 5 times as many participants. (17) The Center additionally provides consultation and follow-up engagements with government agencies, law enforcement, schools, and other organizations with public safety responsibilities. From fiscal year 2018 to fiscal year 2022 the Center experienced a 553-percent increase in consultation activities. (b) Sense of Congress It is the sense of Congress that a fact-based behavioral threat assessment approach, involving local law enforcement, mental health professionals, workplace managers, school personnel, other public safety officials, and members of the community, is one of the most effective ways to prevent targeted violence impacting communities across the country, and is a fitting memorial to those whose lives were taken in the February 14, 2018, attack on Marjory Stoneman Douglas High School and those who heroically acted to preserve the lives of their friends, students, and colleagues. 3. Reauthorization and expansion of the National Threat Assessment Center of the Department of Homeland Security (a) In general Chapter 203 section 3056A 3056B. Functions of the National Threat Assessment Center of the United States Secret Service (a) In general There is established a National Threat Assessment Center (in this section referred to as the Center (b) Functions The functions of the Center shall include the following: (1) Training and education in the areas of best practices on threat assessment and the prevention of targeted violence. (2) Consultation on complex threat assessment cases and programs. (3) Research on threat assessment and the prevention of targeted violence, consistent with evidence-based standards and existing laws and regulations. (4) Facilitation of information sharing on threat assessment and the prevention of targeted violence among agencies and organizations with protective or public safety responsibilities, as well as other public or private entities. (5) Development of evidence-based programs to promote the standardization of Federal, State, and local threat assessments and best practices for the prevention of targeted violence. (c) Safe school initiative In carrying out the functions described in subsection (b), the Center shall establish a national program on targeted school violence prevention, focusing on the following activities: (1) Research The Center shall— (A) conduct research into targeted school violence and evidence-based practices in targeted school violence prevention, including school threat assessment; and (B) publish the findings of the Center on the public website of the United States Secret Service and on the School Safety Clearinghouse website, known as www.SchoolSafety.gov, or any successor thereto. (2) Training (A) In general The Center shall develop and offer training courses on targeted school violence prevention to agencies with protective or public safety responsibilities and other public or private entities, including local educational agencies. (B) Plan Not later than 1 year after the date of enactment of this section, the Center shall establish a plan to offer its training and other educational resources to public or private entities within each State. (3) Coordination with other federal agencies The Center shall develop research and training programs under this section in coordination with the Department of Justice, the Department of Education, and the Department of Health and Human Services. (4) Consultation with entities outside the federal government The Center is authorized to consult with State and local educational, law enforcement, and mental health officials and private entities in the development of research and training programs under this section. (5) Interactive website The Center may create an interactive website to disseminate information and data on evidence-based practices in targeted school violence prevention. (d) Hiring of additional personnel The Director of the United States Secret Service may hire additional personnel to comply with the requirements of this section, which, if the Director exercises that authority, shall include— (1) at least 1 employee with expertise in child psychological development; and (2) at least 1 employee with expertise in school threat assessment. (e) Report to Congress Not later than 2 years after the date of enactment of this section, the Director of the United States Secret Service shall submit to the Committee on the Judiciary, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate and the Committee on the Judiciary, Committee on Education and the Workforce, and the Committee on Appropriations of the House of Representatives a report on actions taken by the United States Secret Service to implement provisions of this section, which shall include information relating to the following: (1) The number of employees hired (on a full-time equivalent basis). (2) The number of individuals in each State trained in threat assessment. (3) The number of school districts in each State trained in school threat assessment or targeted school violence prevention. (4) Information on Federal, State, and local agencies trained or otherwise assisted by the Center. (5) A formal evaluation indicating whether the training and other assistance provided by the Center is effective. (6) A formal evaluation indicating whether the training and other assistance provided by the Center was implemented by the school. (7) A summary of the Center’s research activities and findings. (8) A strategic plan for disseminating the Center’s educational and training resources to each State. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2024 through 2028. Amounts appropriated pursuant to such authorization shall be derived wholly from the unobligated balances of amounts made available to the Department of Homeland Security, on or before the date of the enactment of this section, to prevent, prepare for, or respond to the coronavirus. (g) No funds To provide firearms training Amounts made available to carry out this section may not be used to train any person in the use of a firearm. (h) No effect on other laws Nothing in this section may be construed to preclude or contradict any other provision of law authorizing training in the use of firearms. (i) Definitions In this section: (1) Evidence-based The term evidence-based (A) strong evidence from at least 1 well-designed and well-implemented experimental study; (B) moderate evidence from at least 1 well-designed and well-implemented quasi-experimental study; or (C) promising evidence from at least 1 well-designed and well-implemented correlational study with statistical controls for selection bias. (2) Local educational agency The term local educational agency 20 U.S.C. 7801 (3) State The term State . (b) Technical, conforming, and clerical amendments (1) Technical and conforming amendment Section 4 of the Presidential Threat Protection Act of 2000 ( 18 U.S.C. 3056 (2) Clerical amendment The table of sections for chapter 203 section 3056A 3056B. Functions of the National Threat Assessment Center of the United States Secret Service. .

EAGLES Act of 2023

Stock Buyback Accountability Act of 2023 This bill increases from 1% to 4% the rate of the excise tax on the repurchase of corporate stock.

118 S413 IS: Stock Buyback Accountability Act of 2023 U.S. Senate 2023-02-14 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. 413 IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Brown Mr. Wyden Mr. Schatz Mr. Van Hollen Mr. Reed Mr. Luján Ms. Baldwin Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to increase the rate of the excise tax on the repurchase of corporate stock, and for other purposes. 1. Short title This Act may be cited as the Stock Buyback Accountability Act of 2023 2. Modifications to tax on repurchase of corporate stock (a) Increase in rate of tax Section 4501(a) 1 percent 4 percent (b) Modification of adjustments Section 4501(c)(3) (1) by striking The amount (A) In general The amount , and (2) by adding at the end the following new subparagraph: (B) Exception for stock issued to covered employees Subparagraph (A) shall not apply to so much of the fair market value of any stock issued or provided to an employee who is a covered employee (within the meaning of section 162(m)(3)). . (c) Effective date (1) Rate The amendment made by subsection (a) section shall apply to repurchases (within the meaning of section 4501(c) (2) Adjustments The amendments made by subsection (b) shall apply to stock issued or provided after the date of the enactment of this Act, in taxable years ending after such date.

Stock Buyback Accountability Act of 2023

Caring for Survivors Act of 2023 This bill increases the monthly rate of dependency and indemnity compensation payable to surviving spouses through the Department of Veterans Affairs (VA). Dependency and indemnity compensation is a monthly payment made to eligible survivors (i.e., spouses, parents, or children) of (1) certain veterans who died as a result of a service-connected condition; (2) service members killed while on active military duty or active or inactive duty for training; or (3) veterans who did not die from a service-connected condition, but were totally disabled by a service-connected disability for a certain period of time. The bill also (1) reduces, from 10 years to 5 years, the period of time that certain veterans must have been rated totally disabled due to a service-connected disability in order for a survivor to qualify for benefits; and (2) specifies the amount that is payable to survivors of veterans who were rated totally disabled for a period of less than 10 years before their death.

118 S414 IS: Caring for Survivors Act of 2023 U.S. Senate 2023-02-14 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. 414 IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Tester Mr. Boozman Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to improve and to expand eligibility for dependency and indemnity compensation paid to certain survivors of certain veterans, and for other purposes. 1. Short title This Act may be cited as the Caring for Survivors Act of 2023 2. Increase in amount of dependency and indemnity compensation for surviving spouses (a) Increase Section 1311(a) of title 38, United States Code, is amended in paragraph (1), by striking of $1,154 equal to 55 percent of the rate of monthly compensation in effect under section 1114(j) of this title (b) Effective date (1) In general Except as provided by paragraph (2), the amendments made by subsection (a) shall apply with respect to compensation paid under chapter 13 (2) Special rule for certain individuals (A) In general For months beginning after the date that is six months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall pay to an individual described in subparagraph (B) dependents and survivors income security benefit under section 1311 of title 38, United States Code, in the monthly amount that is the greater of the following: (i) The amount determined under subsection (a)(3) of such section 1311, as in effect on the day before the date of the enactment of this Act. (ii) The amount determined under subsection (a)(1) of such section 1311, as amended by subsection (a). (B) Individuals described An individual described in this subparagraph is an individual eligible for dependents and survivors income security benefit under section 1311 of title 38, United States Code, that is predicated on the death of a veteran before January 1, 1993. 3. Modification of requirements for dependency and indemnity compensation for survivors of certain veterans rated totally disabled at time of death Section 1318 of title 38, United States Code, is amended— (1) in subsection (a)— (A) by striking The Secretary (1) Except as provided in paragraph (2), the Secretary (B) by adding at the end the following new paragraph: (2) In any case in which the Secretary makes a payment under paragraph (1) of this subsection by reason of subsection (b)(1) and the period of continuous rating immediately preceding death is less than 10 years, the amount payable under paragraph (1) of this subsection shall be an amount that bears the same relationship to the amount otherwise payable under such paragraph as the duration of such period bears to 10 years. ; and (2) in subsection (b)(1), by striking 10 or more years five or more years

Caring for Survivors Act of 2023

Holding Accountable Russian Mercenaries Act or the HARM Act This bill requires the Department of State to designate the Wagner Group as a foreign terrorist organization. Such designation also applies to any affiliated and successor entities undertaking malign activities against the United States and its allies or partners. (Among other things, such a designation allows the Department of the Treasury to require financial institutions to block transactions involving the organization.) The President may waive the application of sanctions against these entities if the President determines it to be in the national interest.

117 S5164 IS: Holding Accountable Russian Mercenaries Act U.S. Senate 2022-12-01 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 117th CONGRESS 2d Session S. 5164 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Wicker Mr. Cardin Committee on Foreign Relations A BILL To designate the Russian-based PMC Wagner Group as a foreign terrorist organization, and for other purposes. 1. Short titles This Act may be cited as the Holding Accountable Russian Mercenaries Act HARM Act 2. Findings Congress makes the following findings: (1) The Secretary of State's designation of an entity as a foreign terrorist organization results from a determination that— (A) the entity is foreign and engages in terrorism or terrorist activity; and (B) the terrorist activity threatens the security of the United States or its nationals. (2) The activities of the PMC Wagner Group and affiliated entities of Russian national Yevgeniy Prigozhin pose a threat to the national interests and national security of the United States and allies and partners of the United States, including with respect to Russia’s war on Ukraine, which President Biden declared, on March 2, 2022, pose[s] an unusual and extraordinary threat to the national security and foreign policy of the United States (3) On June 20, 2017, the Department of the Treasury's Office of Foreign Assets Control designated PMC Wagner and its military leader, Dmitry Utkin, pursuant to Executive Order 13660 (titled Blocking Property of Additional Certain Persons Contributing to the Situation in Ukraine for being responsible for or complicit in, or having engaged in, directly or indirectly, actions or policies that threaten the peace, security, stability, sovereignty or territorial integrity of Ukraine (4) On September 20, 2018, the Department of State added Yevgeniy Prigozhin and his affiliated entities, including the PMC Wagner Group, to the list of persons identified as part of, or operating for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation under section 231 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9525 (5) The PMC Wagner Group, a self-described private actor that undertakes military action and subversive operations at the behest of the Government of the Russian Federation, is a terrorist group terrorism 22 U.S.C. 2656f(d) premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents (6) The PMC Wagner Group and its affiliated entities have committed, or are credibly accused of committing, terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B) (A) the massacres, rape, and torture of civilians in Bucha, Ukraine, in March 2022; (B) the massacres in Moura, Mali, in March 2022; (C) the massacres of migrant workers and civilians in mining regions along the Sudan- Central African Republic border in 2022; (D) the murder of Russian journalists in the Central African Republic in June 2018 as well as threats against United States journalists investigating such incident; (E) the kidnapping of children in the Central African Republic in 2022 to work in mines; (F) the rape and sex trafficking of women and children in the Central African Republic between 2018 and 2022; (G) the sabotage and lethal suppression of civilian protestors in Sudan in 2019; (H) the use of nerve agents against Libya’s Government of National Accord and deployment of illegal landmines and booby-traps in civilian areas of Tripoli between 2019 and 2020; (I) the torture and execution of a Syrian national in June 2017; and (J) efforts to assassinate Ukrainian President Volodymyr Zelensky in March 2022. 3. Sense of Congress It is the sense of Congress that— (1) the Russian-based PMC Wagner Group meets the criteria for designation by the Secretary of State as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) (2) the Secretary of State should designate the PMC Wagner Group as a foreign terrorist organization under such section 219. 4. Designation of PMC Wagner Group as a foreign terrorist organization (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall designate the PMC Wagner Group as a foreign terrorist organization in accordance with section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) (b) Application The designation required under subsection (a) shall equally apply to any affiliated and successor entities to the PMC Wagner Group undertaking malign activities against the United States and its allies and partners, including activities taking place in Ukraine, Africa, and the Middle East. (c) Waiver The President may waive the application of sanctions under this section if the President determines and reports to the appropriate congressional committees that such a waiver is in the national security interest of the United States. (d) Defined term In this section, the term appropriate congressional committees (1) the Committee on Armed Services of the Senate (2) the Committee on Foreign Relations of the Senate (3) the Committee on Banking, Housing, and Urban Affairs of the Senate (4) the Committee on Financial Services of the House of Representatives (5) the Committee on Foreign Affairs of the House of Representatives (6) the Committee on the Judiciary of the House of Representatives (7) the Committee on Armed Services of the House of Representatives

Holding Accountable Russian Mercenaries Act

Justice for Jana Elementary Act of 2023 This bill establishes a program and requirements regarding schools impacted by radioactive contaminants, including in the Hazelwood School District in Missouri. Specifically, the bill requires the U.S. Army Corps of Engineers (USACE) to establish and execute new remediation goals for Jana Elementary School in the Hazelwood School District so that no portion of the site is subjected to radiation above background levels. (The school is located near Coldwater Creek, which is contaminated with radioactive waste from nearby sites used for the World War II nuclear weapons program.) The bill establishes a Radioactive School Assistance Program (and fund) to provide financial assistance to local educational agencies that have been financially impacted by the presence of radioactive contaminants stemming from U.S. atomic energy activities. Under the bill, schools in the Hazelwood School District in Missouri must be designated as vicinity properties of the St. Louis Airport Site for purposes of the USACE Formerly Utilized Sites Remedial Action Program. Such schools must be investigated, including via on-site inspections and sampling, in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the National Contingency Plan (i.e., the national plan for responding to spills or releases of hazardous substances). The Department of Energy must review and report on the methodology and results of all tests for radioactive contaminants conducted at Jana Elementary School.

118 S418 ES: Justice for Jana Elementary 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. 418 IN THE SENATE OF THE UNITED STATES AN ACT To provide financial assistance to schools impacted by radioactive contaminants, and for other purposes. 1. Short title This Act may be cited as the Justice for Jana Elementary Act of 2023 2. Definitions In this Act: (1) Covered school The term covered school (2) Fund The term Fund (3) Impacted school The term impacted school (A) that closed on or after January 1, 2020; and (B) where the Formerly Utilized Sites Remedial Action Program of the Corps of Engineers detected radiation above background levels— (i) on school property; or (ii) otherwise, within 1000 feet of a building containing classrooms or other educational facilities of the school. (4) Jana Elementary School The term Jana Elementary School (5) Local educational agency The term local educational agency 20 U.S.C. 7801 (6) National Contingency Plan The term National Contingency Plan (A) prepared and published under section 311(d) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(d) (B) revised under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605 (7) Program The term Program (8) Secretary The term Secretary (9) Vicinity property The term vicinity property Formerly Utilized Sites Remedial Action Program 3. Remediation of Jana Elementary School Consistent with the requirements and obligations under the Formerly Utilized Sites Remedial Action Program of the Corps of Engineers, the Secretary of the Army shall— (1) not later than 120 days after the date of the enactment of this Act, establish new remediation goals for Jana Elementary School that will result in the removal of all radioactive contamination at Jana Elementary School such that no portion of the site is subjected to radiation above background levels; and (2) after establishing remediation goals under paragraph (1), carry out activities necessary to achieve those goals. 4. Financial assistance for schools with radioactive contamination (a) Radioactive School Assistance Fund (1) Establishment There is established in the Treasury of the United States a fund to be known as the Radioactive School Assistance Fund to carry out the reimbursement program described in subsection (b). (2) Funding The Fund shall consist of amounts appropriated pursuant to the authorization of appropriations under section 7. (b) Radioactive School Assistance Program Not later than 30 days after the date of the enactment of this Act, the Secretary shall establish and implement a program to be known as the Radioactive School Assistance Program (c) Applications for financial assistance (1) Reimbursement for testing (A) In general The Secretary shall provide financial assistance to each local educational agency that submits to the Secretary an application that includes— (i) a certification that the local educational agency incurred expenses while testing for radioactive contaminants at an impacted school; (ii) proof of such expenses; and (iii) proof that such testing— (I) led to further testing under the Formerly Utilized Sites Remedial Action Program of the Corps of Engineers; or (II) was undertaken following testing by a private entity that found radioactive contamination. (B) Limitations Financial assistance provided to a local educational agency under this paragraph shall not exceed the amount expended by such local educational agency to test for radioactive contamination. (2) Funding for construction (A) In general The Secretary shall provide financial assistance for the construction of a new school building to each local educational agency that submits to the Secretary an application that includes the following: (i) A plan for the construction of a new school building. (ii) Documentation that a school under the jurisdiction of the local educational agency is an impacted school. (iii) A budget for the construction of a new school building. (iv) A certification that the local educational agency shall only use financial assistance provided under this paragraph for 1 or more of the following purposes: (I) To purchase land for the construction of a new school building. (II) To construct a new school building to replace an impacted school. (B) Limitations (i) Amount of funding Financial assistance provided to a local educational agency under this paragraph shall not exceed $20,000,000 for each impacted school. (ii) Use of funds A local educational agency that receives financial assistance under this paragraph may only use such financial assistance for 1 or more of the following purposes: (I) To purchase land for the construction of a new school building. (II) To construct a new school building to replace an impacted school. (3) Considerations The Secretary may not reject an application submitted by a local educational agency for financial assistance under this subsection due to prior remediation by the Corps of Engineers or any other relevant Federal agency of an impacted school under the jurisdiction of such local educational agency. (d) Reports Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the Program, which shall include— (1) a description of the number of applications submitted under this section; and (2) a description of the amount of financial assistance provided to local educational agencies under this section. 5. Investigation of schools in Hazelwood School District for contaminates (a) Designation Notwithstanding any other provision of law, each covered school shall be designated as a vicinity property of the St. Louis Airport Site of the Formerly Utilized Sites Remedial Action Program of the Corps of Engineers. (b) Investigation (1) In general The Secretary of the Army shall investigate and characterize each covered school in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. (2) Inclusion An investigation of a covered school under paragraph (1) shall include on-site investigatory efforts and sampling in accordance with section 300.420(c)(2) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). (c) Reports The Secretary of the Army shall develop and make available to the public, for each covered school, a report that includes the results of the investigation under subsection (b), including— (1) the results of the on-site investigatory efforts; (2) a summary of the results of sampling under paragraph (2) of that subsection for contaminants of concern, including the average and highest detected levels of each contaminant of concern; and (3) an evaluation of the danger posed to students and employees of the covered school by the levels of contamination. (d) Community relations In carrying out this section, the Secretary of the Army shall comply with all applicable requirements relating to community relations and public notification under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. 33 U.S.C. 1321 6. Review and report of radioactive testing at Jana Elementary School (a) Review Not later than 30 days after the date of the enactment of this Act, the Secretary shall review the methodology and results of all tests for radioactive contaminants conducted at Jana Elementary School, including— (1) tests conducted by the Corps of Engineers; (2) tests conducted by Boston Chemical Data Corporation; and (3) tests commissioned by the Hazelwood School District in the State of Missouri. (b) Report (1) In general Not later than 45 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the review required by subsection (a). (2) Contents The report required by paragraph (1) shall include— (A) for each test described in subsection (a), an evaluation of— (i) the reliability of the methodology used— (I) to conduct such test; and (II) to evaluate the results of such test; and (ii) the reliability of the opinions contained in any report summarizing the test; and (B) an evaluation of the danger posed to children by any radioactive contaminants found at Jana Elementary School. 7. Authorization of appropriations There is authorized to be appropriated for fiscal year 2023 $25,000,000 to carry out this Act. Passed the Senate April 26, 2023. Secretary

Justice for Jana Elementary Act of 2023

COVID-19 Vaccination Non-Discrimination Act This bill prohibits making federal funds available to any facility that refuses to treat an individual based on the individual's COVID-19 vaccination status, including any funding under Medicare, Medicaid, or the Children's Health Insurance Program (CHIP).

118 S420 IS: COVID–19 Vaccination Non-Discrimination Act U.S. Senate 2023-02-14 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. 420 IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Paul Mr. Johnson Mr. Lee Mr. Cotton Mr. Rubio Ms. Lummis Mr. Vance Mr. Braun Mr. Cramer Committee on Health, Education, Labor, and Pensions A BILL To prohibit Federal funds from being made available to facilities that refuse to provide treatment based on COVID–19 vaccination status. 1. Short title This Act may be cited as the COVID–19 Vaccination Non-Discrimination Act 2. Prohibition on Federal funds for facilities that refuse to provide treatment based on COVID–19 vaccination status Notwithstanding any other provision of law, no funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, including funds provided under titles XVIII, XIX, and XXI of the Social Security Act ( 42 U.S.C. 1395 et seq.

COVID–19 Vaccination Non-Discrimination Act

Defund the Wuhan Institute of Virology Act This bill prohibits making federal funds available to the Wuhan Institute of Virology in China. The Government Accountability Office must report to Congress on federal funds that were provided directly or indirectly to the institute, the Chinese government, the Chinese Communist Party, or affiliates of these entities over the past 15 years.

118 S421 IS: Defund the Wuhan Institute of Virology Act U.S. Senate 2023-02-14 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. 421 IN THE SENATE OF THE UNITED STATES February 14, 2023 Ms. Ernst Committee on Foreign Relations A BILL To prohibit Federal funding to the Wuhan Institute of Virology and to require a GAO study regarding Federal funds previously provided to such institute or to entities affiliated with the Chinese Government. 1. Short title This Act may be cited as the Defund the Wuhan Institute of Virology Act 2. Prohibition on Federal funding to the Wuhan Institute of Virology (a) In general No funds authorized or appropriated by Federal law may be made available to the Wuhan Institute of Virology for any purpose. (b) GAO study and report Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study and submit a report to Congress regarding the amount of Federal funds that were awarded or indirectly provided (whether purposely or inadvertently) during the 15-year period immediately preceding such date of enactment to— (1) the Wuhan Institute of Virology, including affiliated researchers; (2) the People’s Republic of China; (3) the Chinese Communist Party; or (4) any agency or instrumentality of the entities listed in paragraphs (1) through (3).

Defund the Wuhan Institute of Virology Act

Build the Wall Now Act This bill resumes the construction of, and modifies the requirements for, a physical barrier along the U.S.-Mexico border. Specifically, the Department of Homeland Security (DHS) must, within one day of the bill's enactment, resume any project related to the construction of such barriers (and any related infrastructure), and DHS may not cancel any contracts related to such construction that were entered into on or before January 20, 2021. Additionally, funds already appropriated for such construction must remain available until expended. The bill also modifies the requirements for the physical barriers along the southern border and requires DHS to consult with the labor organization representing border patrol agents about the safety and effectiveness of the agents deployed in the vicinity of the barriers. Finally, the bill exempts these construction projects from certain legal requirements, including requirements stemming from the Administrative Procedure Act, the Clean Air Act, the Clean Water Act, and the federal laws regarding public contracts.

104 S422 IS: Build the Wall Now Act U.S. Senate 2023-02-14 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. 422 IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Budd Mr. Tillis Mr. Risch Mr. Crapo Mr. Cruz Mr. Daines Mr. Rounds Mrs. Blackburn Committee on Homeland Security and Governmental Affairs A BILL To remove legal impediments preventing construction of a border barrier along the international border between the United States and Mexico, improve the construction requirements for such barrier, make previously appropriated funds available for constructing such barrier until expended, and for other purposes. 1. Short title This Act may be cited as the Build the Wall Now Act 2. Resume construction of barriers and roads along United States and Mexico border (a) Definitions In this section: (1) Department The term Department (2) Physical barriers The term physical barriers (3) Secretary The term Secretary (4) Tactical infrastructure; technology The terms tactical infrastructure technology (b) In general (1) Immediate resumption of border barrier construction Not later than 1 day after the date of the enactment of this Act, the Secretary shall resume all projects relating to the construction of physical barriers, tactical infrastructure, and technology along the international border between the United States and Mexico that were underway, or being planned for, prior to January 20, 2021. (2) No cancellations The Secretary may not cancel any contract for activities related to the construction of the border barrier system that was entered into on or before January 20, 2021. (3) Use of funds To carry out this section, the Secretary shall expend all funds that were appropriated or explicitly obligated for the construction of the border barrier system on or after October 1, 2016. (c) Uphold negotiated agreements The Secretary shall ensure that all agreements entered into before January 20, 2021, that were executed in writing between the Department and any State, local, or Tribal government, private citizen, or other stakeholder are honored by the Department relating to current and future construction of the border barrier system in accordance with such agreements. (d) Availability of funds Notwithstanding any other provision of law, any amount appropriated or otherwise made available during fiscal year 2018, 2019, 2020, or 2021 for any project relating to the construction of physical barriers, tactical infrastructure, and technology along the southern border shall remain available until expended. (e) Use of funds Any amounts appropriated or otherwise made available for fiscal year 2021 that remain available pursuant to subsection (d) may only be used for barriers, technology, or roads that— (1) use— (A) operationally effective designs deployed as of the date of enactment of the Consolidated Appropriations Act, 2017 ( Public Law 115–31 (B) operationally effective adaptations of such designs that help mitigate community or environmental impacts of barrier system construction, including adaptations based on consultation with jurisdictions within which barrier system will be constructed; and (2) are constructed in the highest priority locations as identified in the Border Security Improvement Plan. 3. Improving the requirements for barriers along the southern border (a) In general Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 8 U.S.C. 1103 (1) in subsection (a), by striking to install (including the removal of obstacles to detection of illegal entrants) to design, test, construct, install, deploy, integrate, and operate physical barriers, tactical infrastructure, and technology in the vicinity of the United States border to achieve situational awareness and operational control of the border and deter, impede, and detect illegal activity in high traffic areas. (2) in subsection (b)— (A) in the subsection heading, by striking fencing and road improvements physical barriers (B) in paragraph (1)— (i) in subparagraph (A)— (I) by striking subsection (a) this section (II) by striking roads, lighting, cameras, and sensors to gain tactical infrastructure, and technology to achieve situational awareness and (ii) by amending subparagraph (B) to read as follows: (B) Physical barriers and tactical infrastructure The Secretary, in carrying out this section, shall deploy along the United States border the most practical and effective physical barriers and tactical infrastructure available for achieving situational awareness and operational control of the border. ; (iii) in subparagraph (C)— (I) in clause (i)— (aa) by striking the Secretary of the Interior, the Secretary of Agriculture, States, local governments, Indian tribes, and appropriate Federal agency partners, appropriate representatives of Federal, State, Tribal, and local governments, and appropriate private (bb) by striking fencing is physical barriers are (II) in clause (ii)— (aa) in subclause (I), by striking or (bb) by amending subclause (II) to read as follows: (II) delay the transfer to the United States of the possession of property or affect the validity of any property acquisition by the United States by purchase or eminent domain, or to otherwise affect the eminent domain laws of the United States or of any State; or ; and (cc) by adding at the end the following: (III) create any right or liability for any party. ; and (iv) by striking subparagraph (D); (C) in paragraph (2)— (i) by striking Attorney General Secretary of Homeland Security (ii) by striking this subsection and shall commence construction of fences this section and shall commence the construction of physical barriers (D) by amending paragraph (3) to read as follows: (3) Agent safety In carrying out this section, the Secretary of Homeland Security, when designing, constructing, and deploying physical barriers, tactical infrastructure, or technology, shall incorporate such safety features into such design, construction, or deployment of such physical barriers, tactical infrastructure, or technology, as the case may be, that the Secretary determines, in consultation with the labor organization representing agents of U.S. Border Patrol, are necessary to maximize the safety and effectiveness of officers or agents of the Department of Homeland Security or of any other Federal agency deployed in the vicinity of such physical barriers, tactical infrastructure, or technology. ; and (E) in paragraph (4), by striking this subsection this section (3) by striking subsection (c); (4) by inserting after subsection (b) the following: (c) Technology In carrying out this section, the Secretary of Homeland Security shall deploy along the United States border the most practical and effective technology available for achieving situational awareness and operational control of the border. ; and (5) by adding at the end the following: (e) Definitions In this section: (1) Advanced unattended surveillance sensors The term advanced unattended surveillance sensors (2) High traffic areas The term high traffic areas (A) are within the responsibility of U.S. Customs and Border Protection; and (B) have significant unlawful cross-border activity, as determined by the Secretary of Homeland Security. (3) Operational control The term operational control Public Law 109–367 8 U.S.C. 1701 (4) Physical barriers The term physical barriers (5) Situational awareness The term situational awareness Public Law 114–328 6 U.S.C. 223(a)(7) (6) Tactical infrastructure The term tactical infrastructure (7) Technology The term technology (A) tower-based surveillance technology; (B) deployable, lighter-than-air ground surveillance equipment; (C) Vehicle and Dismount Exploitation Radars (VADER); (D) 3-dimensional, seismic acoustic detection and ranging border tunneling detection technology; (E) advanced unattended surveillance sensors; (F) mobile vehicle-mounted and man-portable surveillance capabilities; (G) unmanned aircraft systems; and (H) other border detection, communication, and surveillance technology. (8) Unmanned aircraft system The term unmanned aircraft system . (b) Existing waivers not affected A waiver issued by the Secretary of Homeland Security pursuant to section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 8 U.S.C. 1103 4. Recodifying the Secretary of Homeland Security's waiver authority; adding previously waived legal requirements (a) In general Section 103 of the Immigration and Nationality Act ( 8 U.S.C. 1103 (h) Waiver authority (1) In general Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements that the Secretary determines necessary to ensure the expeditious design, testing, construction, installation, deployment, integration, and operation of the physical barriers, tactical infrastructure, and technology under this section and section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 8 U.S.C. 1103 (2) Notification Not later than 7 days after the date on which the Secretary of Homeland Security exercises the waiver authority under paragraph (1), the Secretary shall notify the Committee on Homeland Security of the House of Representatives Committee on Homeland Security and Governmental Affairs of the Senate (3) Federal court review (A) In general The district courts of the United States shall have exclusive jurisdiction to hear all causes or claims arising from any action undertaken, or any decision made, by the Secretary of Homeland Security pursuant to paragraph (1). A cause of action or claim may only be brought alleging a violation of the Constitution of the United States. The court shall not have jurisdiction to hear any claim not specified in this subparagraph. (B) Time for filing of complaint Any cause or claim brought pursuant to subparagraph (A) shall be filed not later than 60 days after the date of the action or decision made by the Secretary of Homeland Security. A claim shall be barred unless it is filed within the time specified. (C) Ability to seek appellate review An interlocutory or final judgment, decree, or order of the district court may be reviewed only upon petition for a writ of certiorari to the Supreme Court of the United States. (4) Previously waived legal requirements (A) In general Any project relating to the construction of physical barriers, tactical infrastructure, and technology along the international border between the United States and Mexico shall be exempt from any law or regulation referred to in subparagraph (B). (B) Elements The laws and regulations referred to in this subparagraph are— (i) an Act to facilitate the work of the Forest Service ( Public Law 87–869 (ii) subchapter II of chapter 5 and chapter 7 Administrative Procedure Act (iii) the Arizona Desert Wilderness Act ( 6 U.S.C. 460ddd et seq. (iv) the Arizona-Idaho Conservation Act of 1988 ( Public Law 100–696 (v) the Act of June 8, 1940 ( 16 U.S.C. 668 et seq. Bald and Golden Eagle Protection Act (vi) the Clean Air Act ( 42 U.S.C. 7401 et seq. (vii) the Federal Water Pollution Control Act ( 33 U.S.C. 1151 et seq. Clean Water Act (viii) the Coastal Zone Management Act ( 16 U.S.C. 1451 et seq. (ix) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. (x) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (xi) the Farmland Protection Policy Act ( 7 U.S.C. 4201 et seq. (xii) the Federal Cave Resources Protection Act of 1988 ( 16 U.S.C. 4301 et seq. (xiii) chapter 63 Federal Grants and Cooperative Agreements Act of 1977 (xiv) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (xv) the Fish and Wildlife Coordination Act ( 16 U.S.C. 662 et seq. (xvi) the Migratory Bird Conservation Act of 1929 ( 16 U.S.C. 715 et seq. (xvii) the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq. (xviii) the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65 (xix) the Act of June 12, 1960 ( Public Law 86–517 16 U.S.C. 528 et seq. Multiple-Use and Sustained-Yield Act of 1960 (xx) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (xxi) the National Fish and Wildlife Act of 1956 ( 16 U.S.C. 742a et seq. (xxii) the National Forest Management Act of 1976 ( 16 U.S.C. 472a et seq. (xxiii) the National Historic Preservation Act ( 16 U.S.C. 470 et seq. (xxiv) the National Parks and Recreation Act of 1978 ( Public Law 95–625 (xxv) the National Trails System Act ( 16 U.S.C. 1241 et seq. (xxvi) the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. (xxvii) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. (xxviii) the Noise Control Act of 1972 ( 42 U.S.C. 4901 et seq. (xxix) the Otay Mountain Wilderness Act of 1999 ( Public Law 106–145 (xxx) subtitle D of title VI of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 470aaa et seq. Paleontological Resources Preservation Act (xxxi) section 10 of the Act of August 4, 1939 ( 43 U.S.C. 387 Reclamation Project Act of 1939 (xxxii) the Act of March 3, 1899 (30 Stat. 1121, chapter 425; ( 33 U.S.C. 403 et seq. Rivers and Harbors Act of 1899 (xxxiii) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. (xxxiv) the Sikes Act ( 16 U.S.C. 670 et seq. (xxxv) the Small Business Act ( 15 U.S.C. 631 et seq. (xxxvi) the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. Resource Conservation and Recovery Act of 1976 (xxxvii) the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. (xxxviii) the Act of December 15, 1971 ( 16 U.S.C. 1331 et seq. Wild Free-Roaming Horses and Burros Act of 1971 (xxxix) the Wilderness Act ( 16 U.S.C. 1131 et seq. (xl) sections 2304, 2304c, 2305, 2505a, and 2306a of title 10, United States Code; (xli) section 550 of title 40, United States Code; (xlii) title 41, United States Code; (xliii) sections 100101(a), 100751(a), and 102101 of title 54, United States Code; (xliv) chapters 1003, 1005, 1007, 1009, 1021, 3125, 3201, and 3203 of title 54, United States Code; (xlv) division A of subtitle III of title 54, United States Code; (xlvi) part 125 of title 13, Code of Federal Regulations; and (xlvii) sections 16.504, 16.505, 17.205, 17.207, 22.404, 22.404–5, and 28.102–1 of title 48, Code of Federal Regulations. (5) Definitions In this subsection, the terms physical barriers tactical infrastructure technology Public Law 104–208 8 U.S.C. 1103 . (b) Clerical amendment The table of contents of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. Sec. 103. Powers and duties of the Secretary, the Under Secretary, and the Attorney General. . 5. Prohibition against use of funds to implement or enforce Presidential Proclamation 10142 No funds, resources, or fees made available to the Secretary of Homeland Security, or to any other official of any Federal agency by any Act of Congress for any fiscal year, may be used to implement or enforce Presidential Proclamation 10142 of January 20, 2021 (86 Fed. Reg. 7225).

Build the Wall Now Act

Protect Our Seniors Act This bill rescinds certain federal funds made available to the Internal Revenue Service for enforcement and operations support. The rescinded funds must be transferred, in equal proportion, to the Federal Old Age and Survivors Insurance Trust Fund (which supports certain Social Security programs) and the Federal Hospital Insurance Trust Fund (which supports certain Medicare programs). The bill also permits Senators to raise a budget point of order to object to the consideration of any measure that (1) reduces Medicare or Social Security benefits, or (2) offsets the cost of provisions unrelated to carrying out Medicare using a decrease in outlays for or an increase in revenues from that program. A point of order raised on these grounds may be waived or suspended only by an affirmative vote of two-thirds of the Senators.

117 S424 PCS: Protect Our Seniors Act U.S. Senate 2023-02-15 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 Calendar No. 16 118th CONGRESS 1st Session S. 424 IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Scott of Florida February 15, 2023 Read the second time and placed on the calendar A BILL To protect the seniors of the United States, and for other purposes. 1. Short title This Act may be cited as the Protect Our Seniors Act 2. Rescission of certain funds for enhanced Internal Revenue Service resources (a) Rescission Effective on the date of enactment of this Act, the unobligated balances of the amounts made available under the following provisions of Public Law 117–169 (1) Internal Revenue Service enforcement funds Section 10301(1)(A)(ii). (2) Internal Revenue Service operations support Section 10301(1)(A)(iii). (b) Transfer of funds to Social Security and Medicare trust funds (1) Federal Old Age and Survivors Insurance Trust Fund There is hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund established under section 201(a) of the Social Security Act ( 42 U.S.C. 401(a) (2) Federal Hospital Insurance Trust Fund There is hereby appropriated to the Federal Hospital Insurance Trust Fund established section 1817 of the Social Security Act ( 42 U.S.C. 1395i 3. Point of order for reductions in Medicare and Social Security benefits Section 301 of the Congressional Budget Act of 1974 ( 2 U.S.C. 632 (j) Medicare and Social Security point of order (1) In general It shall not be in order in the Senate to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that would reduce benefits under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 42 U.S.C. 401 et seq. (2) Waiver Paragraph (1) may be waived or suspended in the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn. . 4. Medicare point of order Section 301 of the Congressional Budget Act of 1974 ( 2 U.S.C. 632 (k) Medicare point of order (1) In general It shall not be in order in the Senate to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) for which the total budgetary effects of the measure, as determined by the Congressional Budget Office, use a decrease in outlays, or an increase in revenue, under the health insurance programs under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (2) Waiver Paragraph (1) may be waived or suspended in the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn. An affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under paragraph (1). . February 15, 2023 Read the second time and placed on the calendar

Protect Our Seniors Act

Secure and Protect Act of 2023 This bill makes changes to the handling of unaccompanied alien children and asylum applications. (Aliens is the term in federal law used to describe non-U.S. nationals.) The Flores settlement (a court settlement imposing conditions on the treatment of detained alien minors) shall not restrict any activities. The Department of Homeland Security (DHS) shall have sole discretion as to the conditions of detention for such minors. Statutory provisions governing the handling of unaccompanied alien children from U.S.-bordering countries shall now govern all unaccompanied alien children. The bill provides for requirements relating to the handling of such children. Certain immigration officer determinations relating to unaccompanied alien children shall be unreviewable. DHS may detain accompanied alien children while removal proceedings are pending (some courts have ruled that Flores limits the detention of certain children to 20 days). States may not impose licensing requirements for family detention facilities. An unaccompanied alien child may not be released from custody while immigration or removal proceedings are pending, with some exceptions. The bill limits asylum eligibility to individuals entering the United States at a designated port of entry and provides for additional grounds for asylum ineligibility. A credible fear of persecution is redefined to mean that it is more likely than not that the individual would be able to establish eligibility for asylum. The Department of State must establish refugee application and processing centers in Mexico and Central America. The bill also requires the hiring of additional immigration judges, support staff, and U.S. Immigration and Customs Enforcement attorneys.

118 S425 IS: Secure and Protect Act of 2023 U.S. Senate 2023-02-14 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. 425 IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Graham Committee on the Judiciary A BILL To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to protect alien minors and to amend the Immigration and Nationality Act to end abuse of the asylum system and establish refugee application and processing centers outside the United States, and for other purposes. 1. Short title This Act may be cited as the Secure and Protect Act of 2023 2. Protection of minors (a) Promoting family unity Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 (j) Promoting family unity (1) Detention of alien minors (A) In general Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, the Secretary of Homeland Security may detain any alien minor (other than an unaccompanied alien child) who is inadmissible to the United States under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) 8 U.S.C. 1227(a) (B) Priority removal cases The Attorney General shall— (i) prioritize the removal proceedings of an alien minor, or a family unit that includes an alien minor, detained under subparagraph (A); and (ii) set a case completion goal of not more than 100 days for such proceedings. (C) Detention and release decisions The decision to detain or release an alien minor described in subparagraph (A)— (i) shall be governed solely by sections 212(d)(5), 217, 235, 236, and 241 of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) (ii) shall not be governed by standards, requirements, restrictions, or procedures contained in a judicial decree or settlement relating to the authority to detain or release alien minors. (2) Conditions of detention (A) In general Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, the Secretary of Homeland Security shall determine, in the sole discretion of the Secretary, the conditions of detention applicable to an alien minor described in paragraph (1)(A) regardless of whether the alien minor was previously an unaccompanied alien child. (B) No judicial review A determination under subparagraph (A) shall not be subject to judicial review. (3) Rule of construction Nothing in this section— (A) affects the eligibility for bond or parole of an alien; or (B) limits the authority of a court to hear a claim arising under the Constitution of the United States. (4) Preemption of State licensing requirements Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, a State may not require an immigration detention facility used to detain families consisting of one or more children who have not attained 18 years of age and the parents or legal guardians of such children, that is located in the State, to be licensed by the State or any political subdivision thereof. (5) Conditions of custody The Secretary of Homeland Security shall ensure that each— (A) family residential facility is secure and safe; and (B) alien child and accompanying parent at a family residential facility has— (i) suitable living accommodations; (ii) access to drinking water and food; (iii) timely access to medical assistance, including mental health assistance; and (iv) access to any other service necessary for the adequate care of a minor child. (6) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this subsection. (k) Applicability of consent decrees, settlements, and judicial determinations (1) Flores settlement agreement inapplicable Any conduct or activity that was, before the date of the enactment of this subsection, subject to any restriction or obligation imposed by the stipulated settlement agreement filed on January 17, 1997, in the United States District Court for the Central District of California in Flores v. Reno, CV 85–4544–RJK, (commonly known as the Flores settlement agreement (A) shall be subject to the restrictions and obligations under subsection (j) or imposed under any other provision of this Act; and (B) shall not be subject to the restrictions and the obligations imposed by such settlement agreement or judicial determination. (2) Other settlement agreements or consent decrees In any civil action with respect to the conditions of detention of alien children, the court shall not enter or approve a settlement agreement or consent decree unless it complies with the limitations set forth in subsection (j). . (b) Safe and prompt return of unaccompanied alien children Section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a) (1) in paragraph (2)— (A) by amending the paragraph heading to read as follows: Rules for repatriating unaccompanied alien children (B) in subparagraph (A), in the matter preceding clause (i), by striking who is a national or habitual resident of a country that is contiguous with the United States shall be treated in accordance with subparagraph (B) shall be treated in accordance with this paragraph or subsection (b), as applicable (C) in subparagraph (B)— (i) by redesignating clauses (i) and (ii) as subclauses (I) and (II), and moving the subclauses two ems to the right; (ii) in the matter preceding subclause (I), as so redesignated, by striking An immigration officer (i) In general An immigration officer ; and (iii) by adding at the end the following: (ii) Children unable to make decisions with respect to withdrawal of applications for admission If at the time of initial apprehension, an immigration officer determines, in the sole and unreviewable discretion of the immigration officer, that an unaccompanied alien child is not able to make an independent decision with respect to the withdrawal of his or her application for admission to the United States, the immigration officer shall refer the unaccompanied alien child for removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a (iii) Children able to make decisions with respect to withdrawal of applications for admission (I) In general Except as described in subclause (III)(aa), notwithstanding any other provision of law that requires removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a 8 U.S.C. 1225 (aa) make a record of any finding of inadmissibility or deportability, which shall be the basis of a repatriation order, which shall be carried out and the child shall be returned to his or her country of nationality or last habitual residence, unless the child is referred— (AA) for removal proceedings pursuant to subclause (III)(aa); or (BB) to an immigration judge for a determination pursuant to subclause (III)(bb); and (bb) refer the unaccompanied alien child for an interview under subclause (II) to determine whether it is more likely than not that the unaccompanied alien child— (AA) will be subjected to trafficking on return to his or her country of nationality or last habitual residence; and (BB) would be granted asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 8 U.S.C. 1231(b)(3) Convention Against Torture (II) Interview (aa) In general An interview under subclause (I)(bb) shall be conducted by an immigration officer with specialized training relating to— (AA) applicable law; (BB) interviewing children; and (CC) child trafficking. (III) Determinations based on interview (aa) Removal proceedings An unaccompanied alien child described in subclause (I) shall be referred for removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a (bb) Asylum only determinations (AA) In general If, based on an interview under subclause (I)(bb), the immigration officer makes a determination that it is more likely than not that the claim of an unaccompanied alien child for asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 8 U.S.C. 1231(b)(3) 8 U.S.C. 1158 8 U.S.C. 1231(b)(3) (BB) Repatriation An unaccompanied alien child referred to an immigration judge under subitem (AA) shall be returned to his or her country of nationality or last habitual residence if the immigration judge finds that the unaccompanied alien child is not entitled to asylum, withholding of removal, or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture. (IV) Discretion of immigration officer; no judicial review A decision of an immigration officer under this clause, and the issuance of a repatriation order, shall be in the sole, unreviewable discretion of the immigration officer. (iv) Detention during proceedings (I) In general Except as provided in subclauses (II) and (III), notwithstanding any other provision of law, settlement agreement, or consent decree, an unaccompanied alien child shall not be released from the custody of the Secretary of Homeland Security or the Director of the Office of Refugee Resettlement during the pendency of the immigration or removal proceedings of the unaccompanied alien child. (II) Release to sponsor (aa) In general Except as provided in item (bb), the Director of the Office of Refugee Resettlement may, in the sole, unreviewable discretion of the Director, release an unaccompanied alien child to a sponsor who is a verified parent or legal guardian or, in the case of an unaccompanied alien child who does not have a verified parent or legal guardian in the United States, a close relative, a distant relative, or an unrelated adult. (bb) Exception The Director of the Office of Refugee Resettlement shall not under any circumstance release an unaccompanied alien child to a sponsor or a member of the sponsor's household who has committed an offense described in section 236(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c)(1) 8 U.S.C. 1229a (cc) Provision of information to Secretary of Homeland Security The Secretary of Health and Human Services shall provide to the Secretary of Homeland Security information relating to the sponsor, potential sponsor, and each member of the household of the sponsor or potential sponsor, of each unaccompanied alien child. (III) Programs for unaccompanied alien children without sponsors In the case of an unaccompanied alien child who cannot be placed with a sponsor under item (aa), the Director of the Office of Refugee Resettlement may release the child to a program for unaccompanied alien minors, such as a program under section 412(d) of the Immigration and Nationality Act ( 8 U.S.C. 1522(d) ; and (D) in subparagraph (C)— (i) by amending the subparagraph heading to read as follows: Agreements with foreign countries.— (ii) in the matter preceding clause (i), by striking countries contiguous to the United States Canada, El Salvador, Guatemala, Honduras, Mexico, and any other foreign country the Secretary considers appropriate (2) by striking paragraph (3); (3) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and (4) in paragraph (4)(D), as so redesignated, by striking from a contiguous country (c) Protecting integrity of special immigrant juvenile visa program Section 101(a)(27)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J) (1) in clause (i), by striking , and whose State law (2) in clause (iii)— (A) in subclause (I), by striking and (B) by adding at the end the following: (III) an alien may not be granted special immigrant juvenile status under this subparagraph if the juvenile court determines that the alien may be returned to the legal custody of any parent of the alien; and (IV) (aa) in assessing whether an alien is entitled to special immigrant juvenile classification under this subparagraph, the Secretary of Homeland Security may, in the discretion of the Secretary, determine whether— (AA) an order of dependency or custody issued for purposes of clause (i) was issued during juvenile court abuse and neglect proceedings for the purpose of providing permanency to an alien the parents of whom have been found to be unfit; and (BB) such order was issued by a court of appropriate jurisdiction; and (bb) notwithstanding any other provision of law, no court shall have jurisdiction to review a determination made by the Secretary of Homeland Security under this subclause; . (d) Parole reform (1) In general Paragraph (5) of section 212(d) ( 8 U.S.C. 1182(d) (5) Humanitarian and significant public benefit parole (A) In general Subject to the provisions of this paragraph and section 214(f)(2), the Secretary of Homeland Security, in the sole discretion of the Secretary of Homeland Security, may, on an individual case-by-case basis and not according to eligibility criteria describing an entire class of potential parole recipients, parole an alien into the United States temporarily, under such conditions as the Secretary of Homeland Security may prescribe, only— (i) for an urgent humanitarian reason (as described under subparagraph (B)); or (ii) for a reason deemed strictly for the significant public benefit (as described under subparagraph (C)). (B) Humanitarian parole The Secretary of Homeland Security may parole an alien based on an urgent humanitarian reason described in this subparagraph only if— (i) the alien has a medical emergency and the alien cannot obtain necessary treatment in the foreign state in which the alien is residing or the medical emergency is life-threatening and there is insufficient time for the alien to be admitted through the normal visa process; (ii) the alien is the legal guardian or otherwise has legal authority to make medical decisions on behalf of an alien described in clause (i); (iii) the alien is needed in the United States in order to donate an organ or other tissue for transplant into an immediate family member and there is insufficient time for the alien to be admitted through the normal visa process; (iv) the alien has an immediate family member in the United States whose death is imminent and the alien could not arrive in the United States in time to see such family member alive if the alien were to be admitted through the normal visa process; (v) the alien is a lawful applicant for adjustment of status under section 245; or (vi) the alien was lawfully granted status under section 208 or lawfully admitted under section 207. (C) Significant public benefit parole The Secretary of Homeland Security may parole an alien based on a reason deemed strictly for the significant public benefit described in this subparagraph only if— (i) the presence of the alien is necessary in a matter such as a criminal investigation or prosecution, espionage activity, or other similar law enforcement or intelligence-related activity; (ii) the presence of the alien is necessary in a civil matter concerning the termination of parental rights; (iii) the alien has previously assisted the United States Government in a matter described in clause (i) and the life of the alien would be threatened if the alien were not permitted to enter the United States; (iv) in the case of an alien detained under section 235, it is necessary to release from detention and grant parole to the alien due to a safety concern or for the preservation of life and property, including in the case of— (I) lack of adequate bed space in a detention facility; or (II) an alien who has a serious medical condition such that continued detention would be life-threatening or would risk serious bodily injury, disfigurement, or permanent disability; or (v) in the case of an alien returned to a foreign territory contiguous to the United States pursuant to section 235(b)(2)(C), it is necessary to parole the alien into the United States for an immigration proceeding. (D) Limitation on the use of parole authority The Secretary of Homeland Security may not use the parole authority under this paragraph— (i) to circumvent immigration policy established by law; (ii) to admit classes of aliens who do not qualify for admission under established legal immigration categories; or (iii) to supplement established immigration categories without an Act of Congress. (E) Parole not an admission Parole of an alien under this paragraph shall not be considered an admission of the alien into the United States. When the purposes of the parole of an alien have been served, or such parole is revoked, as determined by the Secretary of Homeland Security, the alien shall immediately return or be returned to the custody from which the alien was paroled and the alien shall be considered for admission to the United States on the same basis as other similarly situated applicants for admission. (F) Report to Congress Not later than 90 days after the end of each fiscal year, the Secretary of Homeland Security shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives describing the number and categories of aliens paroled into the United States under this paragraph. Each such report shall contain information and data concerning the number and categories of aliens paroled, the duration of parole, and the current status of aliens paroled during the preceding fiscal year. . (2) Effective date The amendment made by paragraph (1) shall take effect on the first day of the first month beginning more than 60 days after the date of the enactment of this Act. 3. Ending abuse of asylum system (a) Standards To deter fraud and advance meritorious asylum claims Section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) (1) by amending clause (v) to read as follows: (v) Credible fear of persecution (I) In general For purposes of this subparagraph, the term credible fear of persecution (aa) taking into account such facts as are known to the officer; and (bb) only if the officer has determined, under subsection (b)(1)(B)(iii) of such section, that it is more likely than not that the statements made by the alien or on behalf of the alien are true. (II) Bars to asylum An alien shall not be determined to have a credible fear of persecution if the alien is prohibited from applying for or receiving asylum, including an alien subject to a limitation or condition under subsection (a)(2) or (b)(2) (including a regulation promulgated under such subsection) of section 208. ; and (2) by adding at the end the following: (vi) Eligibility for relief (I) Credible fear review by immigration judge An alien determined to have a credible fear of persecution shall be referred to an immigration judge for review of such determination, which shall be limited to a determination whether the alien— (aa) is eligible for asylum under section 208, withholding of removal under section 241(b)(3), or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York, December 10, 1984 (referred to in this clause as the Convention Against Torture) (bb) merits a grant of asylum in the exercise of discretion. (II) Aliens with reasonable fear of persecution (aa) In general Except as provided in item (bb), if an alien referred under subparagraph (A)(ii) is determined to have a reasonable fear of persecution or torture, the alien shall be eligible only for consideration of an application for withholding of removal under section 241(b)(3) or protection under the Convention Against Torture. (bb) Exception An alien shall not be eligible for consideration of an application for relief under item (aa) if the failure of the alien to establish a credible fear of persecution precludes the alien from eligibility for such relief. (cc) Limitation An alien whose application for relief is adjudicated under item (aa) shall not be eligible for any other form of relief or protection from removal. (vii) Ineligibility for removal proceedings An alien referred under subparagraph (A)(ii) shall not be eligible for a hearing under section 240. . (b) Applications for asylum Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 (1) in subsection (a)— (A) by striking paragraph (1) and inserting the following: (1) In general Only an alien who has entered the United States through a designated port of entry may apply for asylum under this section or section 235(b), as applicable. ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking , pursuant to a bilateral or multilateral agreement, (ii) in subparagraph (E), by striking Subparagraphs (A) and (B) Subparagraph (A) (2) in subsection (b)(3), by striking subparagraph (C). (c) Authority for certain aliens To apply for asylum Section 208(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2) (F) Ineligibility for asylum (i) In general Notwithstanding any other provision of law, including paragraph (1), except as provided in clause (ii), an alien is ineligible for asylum if the alien— (I) has been convicted of a felony; (II) is inadmissible under section 212(a) (except paragraphs (4), (5), and (7)); (III) has been previously removed from the United States; or (IV) is a national or habitual resident of— (aa) a country in Central America that has a refugee application and processing center; or (bb) a country contiguous to such a country (other than Mexico). (ii) Exception Notwithstanding clause (i), paragraph (1) shall not apply to any alien who is present in the United States on the date of the enactment of this subparagraph. . 4. Establishment of refugee application and processing centers (a) Definition Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) (53) The term refugee application and processing center (A) means a facility designated under section 207(g) by the Secretary of State to accept and process applications for refugee admissions to the United States; and (B) may include a United States embassy, consulate, or other diplomatic facility. . (b) Designation Section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 (g) Refugee application and processing centers (1) Designation Not later than 240 days after the date of the enactment of this subsection, the Secretary of State, in consultation with the Secretary of Homeland Security, shall designate refugee application and processing centers outside the United States. (2) Locations The Secretary of State shall establish— (A) not fewer than 1 refugee application and processing center in Mexico; and (B) not fewer than 3 refugee application and processing centers in Central America at locations selected by the Secretary of State, in consultation with the Secretary of Homeland Security. (3) Duties of Secretary of State The Secretary of State, in coordination with the Secretary of Homeland Security, shall ensure that any alien who is a national or habitual resident of a country in which a refugee application and processing center is located, or a country contiguous to such a country, may apply for refugee status at a refugee application and processing center. (4) Adjudication by refugee officers An application for refugee status submitted to a refugee application and processing center shall be adjudicated by a refugee officer. (5) Priority The Secretary of State shall ensure that refugee application and processing centers accord priority to applications submitted— (A) by aliens who have been referred by an authorized nongovernmental organization, as determined by the Secretary of State; (B) not later than 90 days after the date on which such referral is made; and (C) in accordance with the requirements and procedures established by the Secretary of State under this subsection. (6) Application fees (A) In general The Secretary of State and the Secretary of Homeland Security shall charge, collect, and account for fees prescribed by each such Secretary pursuant to subsections (m) and (n) of section 286 and section 9701 of title 31, United States Code, for the purpose of receiving, docketing, processing, and adjudicating an application under this subsection. (B) Basis for fees The fees prescribed under subparagraph (A) shall be based on a consideration of the amount necessary to deter frivolous applications and the cost for processing the application, including the implementation of program integrity and anti-fraud measures. . (c) Sunset The amendments made by this section shall cease to be effective beginning on the date that is three years and 240 days after the date of the enactment of this Act. 5. Regulations Notwithstanding section 553(b) of title 5, United States Code, not later than 210 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Attorney General shall, jointly or separately, publish in the Federal Register interim final rules to implement the amendments made by section 3(c) and section 4. 6. Hiring authority (a) Immigration judges The Attorney General shall increase— (1) the number of immigration judges by not fewer than an additional 500 judges, as compared to the number of immigration judges as of the date of the enactment of this Act; and (2) the corresponding number of support staff, as necessary. (b) Immigration and Customs Enforcement attorneys The Director of U.S. Immigration and Customs Enforcement shall increase the number of attorneys and staff employed by U.S. Immigration and Customs Enforcement by the number that is consistent with the workload staffing model to support the increase in immigration judges. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for— (1) the hiring of immigration judges, support staff, and U.S. Immigration and Customs Enforcement attorneys under this section; and (2) the lease, purchase, or construction of facilities or equipment (including video teleconferencing equipment and equipment for electronic filing of immigration cases), and the transfer of federally owned temporary housing units to serve as facilities, for— (A) the increased number of immigration judges, attorneys, and support staff under this section; and (B) conducting immigration court proceedings in close proximity to the locations at which aliens are apprehended and detained.

Secure and Protect Act of 2023

Financial Freedom Act of 2023 This bill prohibits the Department of Labor from limiting the type or range of investments that fiduciaries may offer participants and beneficiaries in certain employer-sponsored retirement plans. The bill applies to certain defined contribution plans that permit participants or beneficiaries to exercise control over the assets in the account, such as a 401(k) plan that allows participants or beneficiaries to select additional investment options through a self-directed brokerage window.

118 S427 IS: Financial Freedom Act of 2023 U.S. Senate 2023-02-15 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. 427 IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Tuberville Ms. Lummis Mr. Braun Mr. Scott of Florida Mrs. Britt Committee on Health, Education, Labor, and Pensions A BILL To prohibit the Secretary of Labor from constraining the range or type of investments that may be offered to participants and beneficiaries of individual retirement accounts who exercise control over the assets in such accounts. 1. Short title This Act may be cited as the Financial Freedom Act of 2023 2. Fiduciary duties with respect to pension plan investments Section 404(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(a) (3) (A) In the case of a pension plan that provides for individual accounts and permits a participant or beneficiary to exercise control over the assets in the participant's or beneficiary's account, nothing in paragraph (1)— (i) requires a fiduciary to select, or prohibits a fiduciary from selecting, any particular type of investment alternative, provided that a fiduciary provides the participant or beneficiary an opportunity to choose, from a broad range of investment alternatives, the manner in which some or all of the assets of the participant's or beneficiary's account are invested, according to regulations prescribed by the Secretary; or (ii) requires that any particular type of investment be either favored or disfavored, other than on the basis of the investment’s risk-return characteristics, in the context of the plan fiduciary’s objective of providing investment alternatives suitable for providing benefits for participants and beneficiaries. (B) In the event that a fiduciary selects a self-directed brokerage window as an investment alternative for a plan described in subparagraph (A)— (i) the Secretary shall not issue any regulations or subregulatory guidance constraining or prohibiting the range or type of investments that may be offered through such brokerage window; (ii) subsection (c) shall apply to such self-directed brokerage window; and (iii) the diversification requirement of paragraph (1)(C) and the prudence requirement of paragraph (1)(B) are not violated by the fiduciary’s selection of a self-directed brokerage window as an investment alternative or as a result of the exercise of a participant or beneficiary’s control over the assets in such self-directed brokerage window. .

Financial Freedom Act of 2023

Nulhegan River and Paul Stream Wild and Scenic River Study Act of 2023 This bill designates for study specified segments of the Nulhegan River and Paul Stream in Vermont for potential addition to the Wild and Scenic Rivers System.

118 S432 IS: Nulhegan River and Paul Stream Wild and Scenic River Study Act of 2023 U.S. Senate 2023-02-15 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. 432 IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Welch Mr. Sanders Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate the Nulhegan River and Paul Stream in the State of Vermont for potential addition to the national wild and scenic rivers system, and for other purposes. 1. Short title This Act may be cited as the Nulhegan River and Paul Stream Wild and Scenic River Study Act of 2023 2. Amendments to the Wild and Scenic Rivers Act (a) Designation for study Section 5(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(a) (147) Nulhegan River and Paul Stream, Vermont The following segments: (A) The approximately 22-mile segment of the main stem of the Nulhegan River from the headwaters near Nulhegan Pond to the confluence with the Connecticut River, and any associated tributaries (including the North, Yellow, Black, and East Branches). (B) The approximately 18-mile segment of Paul Stream from the headwaters on West Mountain to the confluence with the Connecticut River, and any associated tributaries. . (b) Study and report Section 5(b) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(b) (24) Nulhegan River and Paul Stream, Vermont Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall— (A) complete the study of the Nulhegan River and Paul Stream segments in Vermont described in subsection (a)(147); and (B) submit to the appropriate committees of Congress a report describing the results of such study. .

Nulhegan River and Paul Stream Wild and Scenic River Study Act of 2023

Ensuring Military Readiness Act of 2023 This bill requires the Department of Defense (DOD) to prescribe regulations regarding military service by individuals who identify as transgender. Under the regulations, individuals who identify as transgender with a history or diagnosis of gender dysphoria must be disqualified from military service, with some exceptions. (The bill defines gender dysphoria as a marked incongruence between one's experienced or expressed gender and biological sex.) The regulations must provide exceptions for such individuals if they have been stable for 36 consecutive months in their biological sex prior to accession, or diagnosed with gender dysphoria after entering into service if they do not undergo transition procedures and remain deployable within applicable retention standards for their biological sex. Under the regulations, members of the Armed Forces who have been diagnosed with gender dysphoria may continue to serve in their biological sex (regardless of any changes previously made to their gender marker in the Defense Enrollment Eligibility Reporting System, or DEERS) and receive medically necessary treatment for gender dysphoria. However, such treatment may not include gender transition procedures. Individuals who identify as transgender and who seek or have undergone gender transition are disqualified from military service. Additionally, individuals who identify as transgender, do not have a history or diagnosis of gender dysphoria, and are otherwise qualified for service may serve in the Armed Forces in their biological sex. DOD must prescribe regulations updating DEERS to require the gender markers for members of the Armed Forces to match their biological sex, regardless of any previous changes.

118 S435 IS: Ensuring Military Readiness Act of 2023 U.S. Senate 2023-02-15 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. 435 IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Rubio Mrs. Blackburn Mr. Budd Mr. Tuberville Mr. Braun Committee on Armed Services A BILL To provide requirements related to the eligibility of individuals who identify as transgender from serving in the Armed Forces. 1. Short title This Act may be cited as the Ensuring Military Readiness Act of 2023 2. Limitations on military service by individuals who identify as transgender Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations regarding service of individuals who identify as transgender as follows: (1) Persons who identify as transgender with a history of diagnosis of gender dysphoria are disqualified from military service except under the following limited circumstances: (A) Individuals may serve in the Armed Forces if they have been stable for 36 consecutive months in their biological sex prior to accession. (B) Members of the Armed Forces diagnosed with gender dysphoria after entering into service may be retained if they do not undergo gender transition procedures and remain deployable within applicable retention standards for their biological sex. (C) Members of the Armed Forces serving as of the date of the enactment of this Act who have been diagnosed with gender dysphoria may continue to serve only in their biological sex, irrespective of any changes previously made to their gender marker in the Defense Enrollment Eligibility Reporting System (DEERS), and receive medically necessary treatment for gender dysphoria. Such treatment may not include gender transition procedures. (2) Persons who identify as transgender who seek or have undergone gender transition are disqualified from military service. (3) Persons who identify as transgender without a history or diagnosis of gender dysphoria, who are otherwise qualified for service and meet all physical and mental requirements, may serve in the Armed Forces in their biological sex. 3. Revised regulations regarding gender markings Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations updating the Defense Enrollment Eligibility Reporting System (DEERS) to require the gender markers for members of the Armed Forces to match their biological sex, irrespective of any previous changes allowed. 4. Definitions In this Act: (1) Cross-sex hormones The term cross-sex hormones (2) Gender The term gender (3) Gender dysphoria The term gender dysphoria (4) Gender transition The term gender transition (5) Gender transition procedures The term gender transition procedures (A) means— (i) any medical or surgical intervention, including physician's services, inpatient and outpatient hospital services, or prescribed drugs related to gender transition, that seeks to alter or remove physical or anatomical characteristics or features that are typical for the individual’s biological sex or to instill or create physiological or anatomical characteristics that resemble a sex different from the individual’s birth sex, including medical services that provide puberty-blocking drugs, cross-sex hormones, or other mechanisms to promote the development of feminizing or masculinizing features (in the opposite sex); and (ii) genital or non-genital gender transition surgery performed for the purpose of assisting an individual with a gender transition; and (B) does not include— (i) services to those born with a medically verifiable disorder of sex development, including a person with external biological sex characteristics that are irresolvably ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or having both ovarian and testicular tissue; (ii) services provided when a physician has otherwise diagnosed a disorder of sexual development, in which the physician has determined through genetic or biochemical testing that the person does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a biological male or biological female; or (iii) the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of gender transition procedures, whether or not the gender transition procedure was performed in accordance with State and Federal law or whether or not funding for the gender transition procedure is permissible. (6) Gender transition surgery The term gender transition surgery (7) Genital gender transition surgery The term genital gender transition surgery (8) Non-genital gender transition surgery The term non-genital gender transition surgery (A) includes, when performed for the purpose of assisting an individual with a gender transition— (i) surgical procedures such as augmentation mammoplasty, facial feminization surgery, liposuction, lipofilling, voice surgery, thyroid cartilage reduction, gluteal augmentation (implants or lipofilling), hair reconstruction, or various aesthetic procedures for biologically male patients; or (ii) subcutaneous mastectomy, voice surgery, liposuction, lipofilling, pectoral implants or various aesthetic procedures for biologically female patients; and (B) does not include any procedure undertaken because the individual suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of major bodily function unless surgery is performed, unless the procedure is for the purpose of a gender transition. (9) Puberty-blocking drugs The term puberty-blocking drugs (A) Gonadotropin-releasing hormone (GnRH) analogues or other synthetic drugs used in biological males to stop luteinizing hormone secretion and therefore testosterone secretion; and (B) synthetic drugs used in biological females that stop the production of estrogen and progesterone. (10) Sex; birth sex; biological sex The terms sex birth sex, biological sex

Ensuring Military Readiness Act of 2023

Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act This bill prohibits Members of Congress (or their spouses) from holding or trading certain investments (e.g., individual stocks and related financial instruments other than diversified investment funds or U.S. Treasury securities). The prohibition does not apply to assets held in a qualified blind trust or to sales by a Member to come into compliance with the bill's requirements. Specifically, the bill allows for sales by current Members during the 180 days following the bill's enactment and for sales by future Members during the 180 days following the commencement of their service. Any profit made in violation of the prohibition must be disgorged to the Treasury and may subject the Member to a civil fine. Each Member must submit an annual certification of compliance, and the Government Accountability Office must audit Members' compliance with the bill's provisions.

118 S439 IS: Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act U.S. Senate 2023-02-15 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. 439 IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Hawley Committee on Homeland Security and Governmental Affairs A BILL To amend chapter 131 1. Short title This Act may be cited as the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act 2. Banning insider trading in Congress (a) In general Chapter 131 IV Banning insider trading in Congress 13161. Definitions In this subchapter: (1) Covered financial instrument (A) In general The term covered financial instrument (i) any investment in— (I) a security (as defined in section 3(a) of Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) (II) a security future (as defined in that section); or (III) a commodity (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a (ii) any economic interest comparable to an interest described in clause (i) that is acquired through synthetic means, such as the use of a derivative, including an option, warrant, or other similar means. (B) Exclusions The term covered financial instrument (i) a diversified mutual fund; (ii) a diversified exchange-traded fund; (iii) a United States Treasury bill, note, or bond; or (iv) compensation from the primary occupation of a spouse or dependent of a Member of Congress. (2) Member of Congress The term Member of Congress (3) Qualified blind trust The term qualified blind trust (4) Supervising ethics committee The term supervising ethics committee (A) the Select Committee on Ethics of the Senate; and (B) the Committee on Ethics of the House of Representatives. 13162. Prohibition on certain transactions and holdings involving covered financial instruments (a) Prohibition Except as provided in subsection (b), a Member of Congress, or any spouse of a Member of Congress, may not, during the term of service of the Member of Congress, hold, purchase, or sell any covered financial instrument. (b) Exceptions The prohibition under subsection (a) shall not apply to— (1) a sale by a Member of Congress, or a spouse of a Member of Congress, that is completed by the date that is— (A) for a Member of Congress serving on the date of enactment of the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act (B) for any Member of Congress who commences service as a Member of Congress after the date of enactment of the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act (2) a covered financial instrument held in a qualified blind trust operated on behalf of, or for the benefit of, the Member of Congress or spouse of the Member of Congress. (c) Penalties (1) Disgorgement A Member of Congress shall disgorge to the Treasury of the United States any profit from a transaction or holding involving a covered financial instrument that is conducted in violation of this section. (2) Fines A Member of Congress who holds or conducts a transaction involving, or whose spouse holds or conducts a transaction involving, a covered financial instrument in violation of this section may be subject to a civil fine assessed by the supervising ethics committee under section 13164. 13163. Certification of compliance (a) In general Not less frequently than annually, each Member of Congress shall submit to the applicable supervising ethics committee a written certification that the Member of Congress has achieved compliance with the requirements of this subchapter. (b) Publication The supervising ethics committees shall publish each certification submitted under subsection (a) on a publicly available website. 13164. Authority of supervising ethics committees (a) In general The supervising ethics committees may implement and enforce the requirements of this subchapter, including by— (1) issuing— (A) for Members of Congress— (i) rules governing that implementation; and (ii) 1 or more reasonable extensions to achieve compliance with this subchapter, if the supervising ethics committee determines that a Member of Congress is making a good faith effort to divest any covered financial instruments; and (B) guidance relating to covered financial instruments; (2) publishing on the internet certifications submitted by Members of Congress under section 13163(a); and (3) assessing civil fines against any Member of Congress who is in violation of this subchapter, subject to subsection (b). (b) Requirements for civil fines (1) In general Before imposing a fine pursuant to this section, a supervising ethics committee shall provide to the applicable Member of Congress— (A) a written notice describing each covered financial instrument transaction for which a fine will be assessed; and (B) an opportunity, with respect to each such covered financial instrument transaction— (i) for a hearing; and (ii) to achieve compliance with the requirements of this subchapter. (2) Publication Each supervising ethics committee shall publish on a publicly available website a description of— (A) each fine assessed by the supervising ethics committee pursuant to this section; (B) the reasons why each such fine was assessed; and (C) the result of each assessment, including any hearing under paragraph (1)(B)(i) relating to the assessment. (3) Appeal A Member of Congress may appeal the assessment of a fine under this section to a vote on the floor of the Senate or the House of Representatives, as applicable, as a privileged motion. 13165. Audit by Government Accountability Office Not later than 2 years after the date of enactment of the Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act (1) conduct an audit of the compliance by Members of Congress with the requirements of this subchapter; and (2) submit to the supervising ethics committees a report describing the results of the audit conducted under paragraph (1). . (b) Conforming amendments (1) Section 13103(f) of title 5, United States Code, is amended— (A) in paragraph (9), by striking as defined in section 13101 of this title (B) in paragraph (10), by striking as defined in section 13101 of this title (C) in paragraph (11), by striking as defined in section 13101 of this title (D) in paragraph (12), by striking as defined in section 13101 of this title (2) Section 3(4)(D) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602(4)(D) legislative branch employee serving in a position described under section 13101(13) of title 5, United States Code officer or employee of Congress (as defined in section 13101 of title 5, United States Code) (3) The table of sections for chapter 131 SUBCHAPTER IV—Banning insider trading in Congress 13161. Definitions. 13162. Prohibition on certain transactions and holdings involving covered financial instruments. 13163. Certification of compliance. 13164. Authority of supervising ethics committees. 13165. Audit by Government Accountability Office. .

Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act

Cutting Off Communist Profiteers Act This bill establishes postemployment lobbying restrictions on former presidential appointees who knowingly represent, aid, or advise certain Chinese entities, including Chinese government entities, the Chinese Communist Party, and Chinese military companies.

116 S442 IS: Cutting Off Communist Profiteers Act U.S. Senate 2023-02-15 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. 442 IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Barrasso Ms. Lummis Mr. Braun Mr. Hagerty Mrs. Britt Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit former Presidential appointees from acting on behalf of the Government of the People’s Republic of China, the Chinese Communist Party, and Chinese military companies. 1. Short title This Act may be cited as the Cutting Off Communist Profiteers Act 2. Post-employment limitations on Presidential appointees with respect to China Section 207 of title 18, United States Code, is amended— (1) by redesignating subsections (g) through (l) as subsection (h) through (m), respectively; and (2) by inserting after subsection (f) the following: (g) Post-Employment limitations on Presidential appointees with respect to China (1) Definitions In this subsection: (A) Chinese entity The term Chinese entity (i) the Government of the People’s Republic of China; (ii) the Chinese Communist Party; (iii) an entity listed in accordance with section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( Public Law 105–261 50 U.S.C. 1701 (iv) an entity identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 (v) an entity based in the People's Republic of China that is included on the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations.”. (B) Former presidential appointee The term Former presidential appointee (2) Prohibition A former Presidential appointee who— (A) knowingly represents a Chinese entity before any officer or employee of a department or agency of the United States with the intent to influence a decision of the officer or employee in carrying out the official duties of the officer or employee; or (B) knowingly aids or advises a Chinese entity with the intent to influence a decision of any officer or employee of a department or agency of the United States in carrying out the official duties of the officer or employee, shall be punished as provided in section 216. .

Cutting Off Communist Profiteers Act

Grizzly Bear State Management Act of 2023 This bill requires the Department of the Interior to remove the Greater Yellowstone ecosystem population of grizzly bears from the list of endangered and threatened wildlife.

118 S445 IS: Grizzly Bear State Management Act of 2023 U.S. Senate 2023-02-15 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. 445 IN THE SENATE OF THE UNITED STATES February 15, 2023 Ms. Lummis Mr. Barrasso Mr. Crapo Mr. Daines Mr. Risch Committee on Environment and Public Works A BILL To direct the Secretary of the Interior to reissue a final rule relating to removing the Greater Yellowstone Ecosystem population of grizzly bears from the Federal list of endangered and threatened wildlife, and for other purposes. 1. Short title This Act may be cited as the Grizzly Bear State Management Act of 2023 2. Reissuance of final rule relating to Greater Yellowstone Ecosystem population of grizzly bears (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall reissue the final rule entitled Endangered and Threatened Wildlife and Plants; Removing the Greater Yellowstone Ecosystem Population of Grizzly Bears From the Federal List of Endangered and Threatened Wildlife (b) No judicial review The reissuance of the final rule described in subsection (a) (including this section) shall not be subject to judicial review.

Grizzly Bear State Management Act of 2023

Nuclear Fuel Security Act of 2023 This bill establishes new programs and expands existing programs to increase domestic supplies of certain types of low-enriched uranium (LEU) for nuclear energy and establishes related requirements. Specifically, the Department of Energy (DOE) must establish a program to increase the production of certain types of LEU, including high-assay low-enriched uranium (HALEU) used by advanced reactors, by U.S. nuclear energy companies. DOE must also establish a demonstration program to make HALEU available from its inventories or stockpiles and allied countries to meet the needs and schedules of advanced nuclear reactor developers until such time that commercial enrichment and deconversion capability for the uranium exists in the United States at a scale sufficient to meet future needs. In addition, DOE must expand the existing American Assured Fuel Supply Program to ensure the availability of uranium, including HALEU, from domestic sources or allies in the event of a supply disruption. Under the expansion, DOE must merge its Uranium Reserve Program with the American Assured Fuel Supply Program. Under the expanded program, DOE must utilize only uranium produced, converted, enriched, deconverted, and reduced in the United States or an allied country. DOE must also maintain a limited reserve of uranium. The bill also expands DOE's Advanced Nuclear Technologies Federal Research, Development, and Demonstration Program established under the CHIPS and Science Act of 2022 to include financial assistance for the deployment of advanced nuclear reactors and associated supply chain infrastructure. It also revises and reauthorizes through FY2027 DOE's nuclear traineeship subprogram. Finally, the bill modifies the USEC Privatization Act to (1) limit the amount of LEU that may be imported into the United States through 2027, and (2) prohibit the importation of unirradiated LEU (i.e., uranium that has not been in a reactor) that is produced in Russia or by a Russian entity. It also prohibits importing LEU obtained in a manner designed to circumvent such prohibition. DOE may waive such prohibitions if it is in the national interest or there is no alternative viable source of LEU available to sustain the continued operation of a nuclear reactor or a U.S. nuclear energy company. Any waiver issued must terminate by January 1, 2028. The modifications to such act do not apply to imports for national security or nonproliferation purposes, or of non-uranium isotopes. The modifications no longer apply after December 31, 2040.

118 S452 IS: Nuclear Fuel Security Act of 2023 U.S. Senate 2023-02-15 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. 452 IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Manchin Mr. Barrasso Mr. Risch Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to establish a Nuclear Fuel Security Program, expand the American Assured Fuel Supply Program, and submit a report on a civil nuclear credit program, and for other purposes. 1. Short title This Act may be cited as the Nuclear Fuel Security Act of 2023 2. U.S. nuclear fuel security initiative (a) Sense of Congress It is the sense of Congress that— (1) the Department should— (A) prioritize activities to increase domestic production of low-enriched uranium; and (B) accelerate efforts to establish a domestic high-assay, low-enriched uranium enrichment capability; and (2) if domestic enrichment of high-assay, low-enriched uranium will not be commercially available at the scale needed in time to meet the needs of the advanced nuclear reactor demonstration projects of the Department, the Secretary shall consider and implement, as necessary— (A) all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, without impacting existing Department missions, until such time that commercial enrichment and deconversion capability for high-assay, low-enriched uranium exists at a scale sufficient to meet future needs; and (B) all viable options for partnering with countries that are allies or partners of the United States to meet those needs and schedules until that time. (b) Objectives The objectives of this section are— (1) to expeditiously increase domestic production of low-enriched uranium; (2) to expeditiously increase domestic production of high-assay, low-enriched uranium by an annual quantity, and in such form, determined by the Secretary to be sufficient to meet the needs of— (A) advanced nuclear reactor developers; and (B) the consortium; (3) to ensure the availability of domestically produced, converted, enriched, deconverted, and reduced uranium in a quantity determined by the Secretary, in consultation with U.S. nuclear energy companies, to be sufficient to address a reasonably anticipated supply disruption; (4) to address gaps and deficiencies in the domestic production, conversion, enrichment, deconversion, and reduction of uranium by partnering with countries that are allies or partners of the United States if domestic options are not practicable; (5) to ensure that, in the event of a supply disruption in the nuclear fuel market, a reserve of nuclear fuels is available to serve as a backup supply to support the nuclear nonproliferation and civil nuclear energy objectives of the Department; (6) to support enrichment, deconversion, and reduction technology deployed in the United States; and (7) to ensure that, until such time that domestic enrichment and deconversion of high-assay, low-enriched uranium is commercially available at the scale needed to meet the needs of advanced nuclear reactor developers, the Secretary considers and implements, as necessary— (A) all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers; and (B) all viable options for partnering with countries that are allies or partners of the United States to meet those needs and schedules. (c) Definitions In this section: (1) Advanced nuclear reactor The term advanced nuclear reactor 42 U.S.C. 16271(b) (2) Associated entity The term associated entity (A) is owned, controlled, or dominated by— (i) the government of a country that is an ally or partner of the United States; or (ii) an associated individual; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, a country that is an ally or partner of the United States, including a corporation that is incorporated in such a country. (3) Associated individual The term associated individual (4) Consortium The term consortium 42 U.S.C. 16281(a)(2)(F) (5) Department The term Department (6) High-assay, low-enriched uranium; HALEU The term high-assay, low-enriched uranium HALEU 42 U.S.C. 16281(d) (7) Low-enriched uranium; LEU The term low-enriched uranium LEU (A) low-enriched uranium (as defined in section 3102 of the USEC Privatization Act ( 42 U.S.C. 2297h (B) low-enriched uranium (as defined in section 3112A(a) of that Act (42 U.S.C. 2297h–10a(a))). (8) Programs The term Programs (A) the Nuclear Fuel Security Program established under subsection (d)(1); (B) the American Assured Fuel Supply Program of the Department; and (C) the HALEU for Advanced Nuclear Reactor Demonstration Projects Program established under subsection (d)(3). (9) Secretary The term Secretary (10) U.S. nuclear energy company The term U.S. nuclear energy company (A) is organized under the laws of, or otherwise subject to the jurisdiction of, the United States; and (B) is involved in the nuclear energy industry. (d) Establishment and expansion of programs The Secretary, consistent with the objectives described in subsection (b), shall— (1) establish a program, to be known as the Nuclear Fuel Security Program (2) expand the American Assured Fuel Supply Program of the Department to ensure the availability of domestically produced, converted, enriched, deconverted, and reduced uranium in the event of a supply disruption; and (3) establish a program, to be known as the HALEU for Advanced Nuclear Reactor Demonstration Projects Program (A) to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers until such time that commercial enrichment and deconversion capability for HALEU exists in the United States at a scale sufficient to meet future needs; and (B) where practicable, to partner with countries that are allies or partners of the United States to meet those needs and schedules until that time. (e) Nuclear Fuel Security Program (1) In general In carrying out the Nuclear Fuel Security Program, the Secretary— (A) shall— (i) not later than 180 days after the date of enactment of this Act, enter into 2 or more contracts to begin acquiring not less than 100 metric tons per year of LEU by December 31, 2026 (or the earliest operationally feasible date thereafter), to ensure diversity of supply in domestic uranium mining, conversion, enrichment, and deconversion capacity and technologies, including new capacity, among U.S. nuclear energy companies; (ii) not later than 180 days after the date of enactment of this Act, enter into 2 or more contracts with members of the consortium to begin acquiring not less than 20 metric tons per year of HALEU by December 31, 2027 (or the earliest operationally feasible date thereafter), from U.S. nuclear energy companies; (iii) utilize only uranium produced, converted, enriched, deconverted, and reduced in— (I) the United States; or (II) if domestic options are not practicable, a country that is an ally or partner of the United States; and (iv) to the maximum extent practicable, ensure that the use of domestic uranium utilized as a result of that program does not negatively affect the economic operation of nuclear reactors in the United States; and (B) (i) may not make commitments under this subsection (including cooperative agreements (used in accordance with section 6305 of title 31, United States Code), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HALEU or LEU unless— (I) funds are specifically provided for those purposes in advance in appropriations Acts enacted after the date of enactment of this Act; or (II) the commitment is funded entirely by funds made available to the Secretary from the account described in subsection (i)(2)(B); and (ii) may make a commitment described in clause (i) only— (I) if the full extent of the anticipated costs stemming from the commitment is recorded as an obligation at the time that the commitment is made; and (II) to the extent of that up-front obligation recorded in full at that time. (2) Considerations In carrying out paragraph (1)(A)(ii), the Secretary shall consider and, if appropriate, implement— (A) options to ensure the quickest availability of commercially enriched HALEU, including— (i) partnerships between 2 or more commercial enrichers; and (ii) utilization of up to 10-percent enriched uranium as feedstock in demonstration-scale or commercial HALEU enrichment facilities; (B) options to partner with countries that are allies or partners of the United States to provide LEU and HALEU for commercial purposes; (C) options that provide for an array of HALEU— (i) enrichment levels; (ii) output levels to meet demand; and (iii) fuel forms, including uranium metal and oxide; and (D) options— (i) to replenish, as necessary, Department stockpiles of uranium that were intended to be downblended for other purposes, but were instead used in carrying out activities under the HALEU for Advanced Nuclear Reactor Demonstration Projects Program; (ii) to continue supplying HALEU to meet the needs of the recipients of an award made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations; and (iii) to make HALEU available to other advanced nuclear reactor developers and other end-users. (3) Avoidance of market disruptions In carrying out the Nuclear Fuel Security Program, the Secretary, to the extent practicable and consistent with the purposes of that program, shall not disrupt or replace market mechanisms by competing with U.S. nuclear energy companies. (f) Expansion of the American Assured Fuel Supply Program The Secretary, in consultation with U.S. nuclear energy companies, shall— (1) expand the American Assured Fuel Supply Program of the Department by merging the operations of the Uranium Reserve Program of the Department with the American Assured Fuel Supply Program; and (2) in carrying out the American Assured Fuel Supply Program of the Department, as expanded under paragraph (1)— (A) maintain, replenish, diversify, or increase the quantity of uranium made available by that program in a manner determined by the Secretary to be consistent with the purposes of that program and the objectives described in subsection (b); (B) utilize only uranium produced, converted, enriched, deconverted, and reduced in— (i) the United States; or (ii) if domestic options are not practicable, a country that is an ally or partner of the United States; (C) make uranium available from the American Assured Fuel Supply, subject to terms and conditions determined by the Secretary to be reasonable and appropriate; (D) refill and expand the supply of uranium in the American Assured Fuel Supply, including by maintaining a limited reserve of uranium to address a potential event in which a domestic or foreign recipient of uranium experiences a supply disruption for which uranium cannot be obtained through normal market mechanisms or under normal market conditions; and (E) take other actions that the Secretary determines to be necessary or appropriate to address the purposes of that program and the objectives described in subsection (b). (g) HALEU for Advanced Nuclear Reactor Demonstration Projects Program (1) Activities On enactment of this Act, the Secretary shall immediately accelerate and, as necessary, initiate activities to make available from inventories or stockpiles owned by the Department and made available to the consortium, HALEU for use in advanced nuclear reactors that cannot operate on uranium with lower enrichment levels or on alternate fuels, with priority given to the awards made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations, with additional HALEU to be made available to other advanced nuclear reactor developers, as the Secretary determines to be appropriate. (2) Quantity In carrying out activities under this subsection, the Secretary shall consider and implement, as necessary, all viable options to make HALEU available in quantities and forms sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, including by seeking to make available— (A) by September 30, 2024, not less than 3 metric tons of HALEU; (B) by December 31, 2025, not less than an additional 8 metric tons of HALEU; and (C) by June 30, 2026, not less than an additional 10 metric tons of HALEU. (3) Factors for consideration In carrying out activities under this subsection, the Secretary shall take into consideration— (A) options for providing HALEU from a stockpile of uranium owned by the Department, including— (i) uranium that has been declared excess to national security needs during or prior to fiscal year 2023; (ii) uranium that— (I) directly meets the needs of advanced nuclear reactor developers; but (II) has been previously used or fabricated for another purpose; (iii) uranium that can meet the needs of advanced nuclear reactor developers after removing radioactive or other contaminants that resulted from previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department, including activities that reduce the environmental liability of the Department by accelerating the processing of uranium from stockpiles designated as waste; (iv) uranium from a high-enriched uranium stockpile, which can be blended with lower assay uranium to become HALEU to meet the needs of advanced nuclear reactor developers; and (v) uranium from stockpiles intended for other purposes (excluding stockpiles intended for national security needs), but for which uranium could be swapped or replaced in time in such a manner that would not negatively impact the missions of the Department; (B) options for expanding, or establishing new, capabilities or infrastructure to support the processing of uranium from Department inventories; (C) options for accelerating the availability of HALEU from HALEU enrichment demonstration projects of the Department; (D) options for providing HALEU from domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (d)(1); (E) options to replenish, as needed, Department stockpiles of uranium made available pursuant to subparagraph (A) with domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (d)(1); and (F) options that combine 1 or more of the approaches described in subparagraphs (A) through (E) to meet the deadlines described in paragraph (2). (4) Limitations (A) Certain services The Secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for services relating to— (i) the final disposition of radioactive waste from uranium that is the subject of a contract for sale, resale, transfer, or lease under this subsection; or (ii) environmental cleanup activities. (B) Certain commitments In carrying out activities under this subsection, the Secretary— (i) may not make commitments under this subsection (including cooperative agreements (used in accordance with section 6305 of title 31, United States Code), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HALEU or LEU unless— (I) funds are specifically provided for those purposes in advance in appropriations Acts enacted after the date of enactment of this Act; or (II) the commitment is funded entirely by funds made available to the Secretary from the account described in subsection (i)(2)(B); and (ii) may make a commitment described in clause (i) only— (I) if the full extent of the anticipated costs stemming from the commitment is recorded as an obligation at the time that the commitment is made; and (II) to the extent of that up-front obligation recorded in full at that time. (5) Sunset The authority of the Secretary to carry out activities under this subsection shall terminate on the date on which the Secretary notifies Congress that the HALEU needs of advanced nuclear reactor developers can be fully met by commercial HALEU suppliers in the United States, as determined by the Secretary, in consultation with U.S. nuclear energy companies. (h) Domestic sourcing considerations (1) In general Except as provided in paragraph (2), the Secretary may only carry out an activity in connection with 1 or more of the Programs if— (A) the activity promotes manufacturing in the United States associated with uranium supply chains; or (B) the activity relies on resources, materials, or equipment developed or produced— (i) in the United States; or (ii) in a country that is an ally or partner of the United States by— (I) the government of that country; (II) an associated entity; or (III) a U.S. nuclear energy company. (2) Waiver The Secretary may waive the requirements of paragraph (1) with respect to an activity if the Secretary determines a waiver to be necessary to achieve 1 or more of the objectives described in subsection (b). (i) Reasonable compensation (1) In general In carrying out activities under this section, the Secretary shall ensure that any LEU and HALEU made available by the Secretary under 1 or more of the Programs is subject to reasonable compensation, taking into account the fair market value of the LEU or HALEU and the purposes of this section. (2) Availability of certain funds (A) In general Notwithstanding section 3302(b) of title 31, United States Code, revenues received by the Secretary from the sale or transfer of fuel feed material acquired by the Secretary pursuant to a contract entered into under clause (i) or (ii) of subsection (e)(1)(A) shall— (i) be deposited in the account described in subparagraph (B); (ii) be available to the Secretary for carrying out the purposes of this section, to reduce the need for further appropriations for those purposes; and (iii) remain available until expended. (B) Revolving fund There is established in the Treasury an account into which the revenues described in subparagraph (A) shall be— (i) deposited in accordance with clause (i) of that subparagraph; and (ii) made available in accordance with clauses (ii) and (iii) of that subparagraph. (j) Nuclear regulatory commission The Nuclear Regulatory Commission shall prioritize and expedite consideration of any action related to the Programs to the extent permitted under the Atomic Energy Act of 1954 42 U.S.C. 2011 et seq. (k) USEC Privatization Act The requirements of section 3112(d)(2) of the USEC Privatization Act ( 42 U.S.C. 2297h–10(d)(2) (l) National security needs The Secretary shall only make available to a member of the consortium under this section for commercial use or use in a demonstration project material that the President has determined is not necessary for national security needs, subject to the condition that the material made available shall not include any material that the Secretary determines to be necessary for the National Nuclear Security Administration or any critical mission of the Department. (m) International agreements This section shall be applied in a manner consistent with the obligations of the United States under international agreements. (n) Authorization of appropriations In addition to amounts otherwise available, there are authorized to be appropriated to the Secretary to carry out activities under this section $3,500,000,000 for fiscal year 2023, to remain available until September 30, 2032, of which the Secretary may use up to $1,000,000,000 by September 30, 2028, to carry out the HALEU for Advanced Nuclear Reactor Demonstration Projects Program. 3. Report on civil nuclear credit program Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall submit to the appropriate committees of Congress a report that identifies the anticipated funding requirements for the civil nuclear credit program described in section 40323 of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18753 (1) the zero-emission nuclear power production credit authorized by section 45U (2) any increased fuel costs associated with the use of domestic fuel that may arise from the implementation of that program.

Nuclear Fuel Security Act of 2023

Youth Workforce Readiness Act of 2023 This bill requires the Department of Labor to award grants to certain national youth-serving organizations for comprehensive workforce readiness programs that are provided to youth and take place before or after school, during summer vacation or a holiday, or on the weekend (i.e., out-of-school-time programs). Such grants must be used to develop and implement nationwide youth workforce readiness programs, including for activities such as on-the-job training and leadership development opportunities, internships, and other supportive services. The bill also requires local workforce development boards to establish youth councils as subgroups of the boards.

118 S454 IS: Youth Workforce Readiness Act of 2023 U.S. Senate 2023-03-03 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 118th CONGRESS 1st Session S. 454 IN THE SENATE OF THE UNITED STATES February 15, 2023 Ms. Smith Mr. Graham Mr. Wyden Ms. Collins Committee on Health, Education, Labor, and Pensions A BILL To establish a competitive grant program to support out-of-school-time youth workforce readiness programs, providing employability skills development, career exploration, employment readiness training, mentoring, work-based learning, and workforce opportunities for eligible youth. 1. Short title This Act may be cited as the Youth Workforce Readiness Act of 2023 2. Purpose The purpose of this Act is to establish or expand activities to— (1) increase access and opportunities for youth to obtain the education and training that youth need to succeed in the labor market; (2) support engagement in and the integration of programs and activities offered during out-of-school-time hours through the workforce investment, education, and economic development systems; (3) improve the quality of the workforce and meet the skill requirements of employers; (4) engage employers in addressing the training, skill, and employment needs of youth and youth jobseekers, and fostering opportunities for connection and economic mobility; and (5) include younger youth in the education and workforce investment activities in an age and developmentally appropriate manner. 3. Definitions In this Act: (1) Community-based organization The term community-based organization (A) is representative of a community or a significant segment of a community; (B) has demonstrated expertise and effectiveness in workforce development; and (C) has demonstrated expertise— (i) in the planning and delivery of education, training, and related activities that are included in a career pathway; (ii) in forging coordination and cooperation between educators and other members of the community; and (iii) in development and implementation of data systems that measure the progress of students and outcomes of career pathways. (2) Covered partnership The term covered partnership (A) a community-based organization; and (B) an industry or sector partnership, a local educational agency, or another public entity or private employer, as appropriate. (3) Eligible youth The term eligible youth 29 U.S.C. 3102 (A) not younger than age 6; and (B) not older than age 18 (or age 19 if enrolled in secondary school). (4) Industry or sector partnership The term industry or sector partnership (A) an industry or sector partnership, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 (B) a collaborative that meets the requirements of paragraph (26) of that section 3 but also includes— (i) an Indian tribe or tribal organization (as such terms are defined in section 166(b) of that Act ( 29 U.S.C. 3221(b) (ii) a community-based organization. (5) Out-of-school-time The term out-of-school-time (6) Secretary The term Secretary (7) WIOA definitions The terms career pathway customized training in-demand industry sector or occupation local area local board local educational agency recognized postsecondary credential 29 U.S.C. 3102 (8) Workforce readiness program The term workforce readiness program (A) meets the requirements of section 7; (B) is offered by a community-based organization of an eligible entity or a related covered partnership; and (C) is intended to help prepare eligible youth for the workforce. 4. Grant program establishment (a) Grants Using the amounts made available under section 9, the Secretary shall award grants, on a competitive basis, to eligible entities. (b) General use of funds The Secretary shall award the grants, on a competitive basis, to assist eligible entities in planning, developing, and implementing nationwide, comprehensive workforce readiness programs, that are— (1) in out-of-school-time programs; (2) carried out by community-based organizations of the eligible entity or related covered partnerships; and (3) for eligible youth. (c) Periods of grants The Secretary shall award the grants for periods of not less than 3 years and not more than 5 years. 5. Eligible entities To be eligible to receive a grant under section 4, an entity shall— (1) (A) be a national youth-serving organization with active chapters, affiliates, or subgrant recipients, that are community-based organizations (including such organizations that are facility-based organizations) in not fewer than 35 States; and (B) provide programming focused on youth workforce readiness in an out-of-school-time program; and (2) obtain approval of an application under section 6. 6. Application To be eligible to receive a grant under section 4, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) a description of how the entity will implement a youth workforce readiness program in a manner that ensures an equitable geographic distribution of program activities, including an equitable distribution between urban and rural communities; (2) a description of the proposed program activities to be funded and their locations; (3) a description of populations of eligible youth to be served, including populations living in or from underserved communities or communities with employment disparities; (4) a description of the effective strategies, best practices, or evidence-based practices the workforce readiness program will use; (5) an assurance that the program will take place in safe and easily accessible facilities; (6) a demonstration of how, in implementing the proposed program activities, the entity will coordinate activities with Federal, State, and local programs and make the most effective use of public resources; (7) a description of— (A) the community-based organizations or the covered partnerships through which the entity will implement the program; and (B) if a covered partnership will assist in implementing the program, the collaboration and coordination activities that the community-based organization in the partnership has carried out or will carry out with other entities in the partnership, related to that implementation; (8) if the program includes an opportunity to earn a recognized postsecondary credential, a description of the activities leading to the credential; and (9) an assurance that funds provided under this Act will be used to supplement and not supplant other Federal, State, or local funds expended to provide youth programs or workforce readiness programs. 7. Program activities (a) In general An eligible entity that receives a grant under section 4 shall use the grant funds— (1) if the entity seeks to implement the workforce readiness program through a covered partnership, to establish the partnership; and (2) to carry out the development and implementation of a youth workforce readiness program— (A) that includes services to help prepare eligible youth for the workforce, which services shall include— (i) leadership development opportunities, which may include community service and peer-centered activities encouraging responsibility and other positive social and civic behaviors, as appropriate; (ii) workforce or workforce readiness opportunities; (iii) supportive services; (iv) adult mentoring for the period of participation and a subsequent period, for a total of not less than 12 months; (v) comprehensive guidance and counseling (which may include drug and alcohol abuse counseling and referral, and prevention services, as appropriate); (vi) financial literacy education; (vii) entrepreneurial skills training; (viii) services that provide labor market and employment information about in-demand industry sectors or occupations available in the local area, such as career awareness, career counseling, and career exploration services; (ix) activities to develop fundamental workforce readiness skills, or to develop employability skills (such as communication, creativity, collaboration, and critical thinking) that support social-emotional development through every developmental stage, in both formal and informal learning experiences; and (x) career exposure, through mentoring and targeted programming, offered by local industry or sector partnerships, to provide career assessments and education and career planning; (B) that includes services to help prepare eligible youth who are not younger than age 15 for the workforce, which services shall include— (i) support for the use of career pathways; (ii) paid and unpaid work experiences that have as a component academic and occupational education, which may include— (I) summer employment opportunities and other employment opportunities available throughout the school year; (II) pre-apprenticeship and registered apprenticeship programs; (III) internships and job shadowing; and (IV) on-the-job training opportunities; (iii) work-based learning (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 (iv) occupational skill training, which shall include priority consideration for training programs that lead to recognized postsecondary credentials that are aligned with in-demand industry sectors or occupations in the local area involved, if the local board determines that the programs meet the quality criteria described in section 123 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3153 (v) the provision of customized training; (vi) education offered concurrently with and in the same context as workforce readiness activities and training for a specific occupation or occupational cluster; and (vii) activities that help youth prepare for and transition to postsecondary education and training; and (C) that may include— (i) the provision of professional development (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 (ii) developing assets and resources that assist an employer or groups of employers or sectors in working with eligible youth. (b) Subgrants The eligible entity may use the grant funds, with the approval of the Secretary, to award subgrants to eligible organizations to carry out activities through a youth workforce readiness program. 8. Evaluation and reporting (a) Measures of effectiveness (1) In general An eligible entity that implements a youth workforce readiness program under this Act shall— (A) ensure that the program is— (i) based upon an assessment of objective data regarding the need for such a program in the communities served; and (ii) evaluated on an established set of performance measures aimed at ensuring the availability of high-quality opportunities by measuring eligible youth success; and (B) collect the data necessary for the measures of eligible youth success described in subparagraph (A)(ii). (2) Measures The performance measures (including indicators) that will be used to evaluate the youth workforce readiness programs— (A) shall be aligned with the regular academic program of the school of and the academic needs of participating eligible youth; and (B) shall include performance measures that— (i) are able to track the success (such as improvement over time) of eligible youth; and (ii) include assessment results and other indicators of eligible youth success, such as improved attendance during the school day, better classroom grades, regular (or consistent) program attendance, and on-time advancement to the next grade level; and (C) for high school students, may include indicators such as achievement of career competencies, or successful completion of internships, apprenticeships, or work-based learning opportunities, or high school graduation. (b) Periodic evaluation (1) In general The Secretary shall conduct a periodic evaluation of the eligible entity, to assess the progress of the entity's youth workforce readiness program toward ensuring high-quality opportunities by measuring eligible youth success. (2) Use of results The results of evaluations under paragraph (1) shall be— (A) used to refine, improve, and strengthen the program, and to refine the performance measures; and (B) used by the Secretary to determine whether a grant for a program is eligible to be renewed under section 4. (c) Reporting The Secretary shall submit a report containing the results of the evaluation to the appropriate committees of Congress, and make the report available to the public. 9. Authorization of appropriations There is authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2024 through 2028. 10. Reestablishment of youth councils (a) Establishment Section 107 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3122 (j) Youth council (1) Establishment There shall be established, as a subgroup within each local board, a youth council appointed by the local board, in cooperation with the chief elected official for the local area. (2) Membership The membership of each youth council— (A) shall include— (i) representatives with special interest or professional expertise in youth workforce development programs, activities related to youth workforce readiness, or youth workforce investment activities; (ii) local labor or joint labor-management organizations; and (iii) representatives of education-related organizations; and (B) may include— (i) members of the local board with special interest or expertise in youth workforce readiness or youth workforce development; (ii) representatives of local labor or joint labor-management organizations with special interest or expertise in youth workforce readiness or youth workforce development; (iii) representatives of the workforce, in the local area, with special interest or expertise in youth workforce readiness or youth workforce development; (iv) representatives of entities administering education and training activities, including career and technical education activities, in the local area, with special interest or expertise in youth workforce readiness or youth workforce development; (v) representatives of youth service agencies, including juvenile justice and local law enforcement agencies, and representatives of local public housing authorities; (vi) parents of eligible youth, and current or former youth program participants; (vii) representatives of vulnerable populations (including foster youth, minority youth, and youth with disabilities); (viii) community representatives, employers of eligible youth, and workplace learning advisors (as defined in section 3), with experience relating to youth workforce activities; (ix) for a local area in which a Job Corps center is located, representatives of that center; and (x) such other individuals as the chairperson of the local board, in cooperation with the chief elected official, determines to be appropriate. (3) Relationship to local board Members of the youth council who are not otherwise members of the local board shall be voting members of the youth council and nonvoting members of the board. (4) Duties The duties of the youth council shall include— (A) representing the interests of youth before the local board; (B) collaborating with the local board to ensure programs address youth workforce development and youth workforce readiness; and (C) advising the local board on the inclusion and incorporation of the local youth workforce in decisions as appropriate. . (b) State plans Section 102(b)(2)(C) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3112(b)(2)(C) (1) in clause (vii), by striking and (2) by redesignating clause (viii) as clause (ix); and (3) by inserting after clause (vii) the following: (viii) how the local boards in the State are incorporating the recommendations of the youth councils within the local boards; and . (c) Local plans Section 108(b) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3123(b) (1) in paragraph (21), by striking and (2) by redesignating paragraph (22) as paragraph (23); and (3) by inserting after paragraph (21) the following: (22) how the local board is incorporating the recommendations of the youth council within the local board; and . (d) Annual reports Section 116(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(d) (1) in paragraph (2)— (A) in subparagraph (K), by striking and (B) by redesignating subparagraph (L) as subparagraph (M); and (C) by inserting after subparagraph (K) the following: (L) information on the activities carried out in the State on the recommendation of youth councils in the State; and ; and (2) in paragraph (3)— (A) in subparagraph (A), by striking (L) (M) (B) in subparagraph (B), by striking and (C) by redesignating subparagraph (C) as subparagraph (D); and (D) by inserting after subparagraph (B) the following: (C) information on the activities carried out in the local area on the recommendation of the youth council within the local board; and .

Youth Workforce Readiness Act of 2023

Travel Freedom Act This bill nullifies certain orders issued by the Centers for Disease Control and Prevention (CDC) and the Department of Homeland Security (DHS) that restrict noncitizens from entering the United States if they are not full vaccinated against COVID-19. Specifically, the bill nullifies the CDC order titled Amended Order Implementing Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic and published on April 7, 2022. (The order restricts the entry of noncitizens who are not immigrants into the United States by air travel unless they are fully vaccinated against COVID-19 or otherwise attest that they will take public health measures to prevent the spread of the disease.) Additionally, the bill nullifies the DHS order titled Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Services Between the United States and Canada and published on April 22, 2022. (The order restricts the entry of noncitizens who are not immigrants along the United States-Canada border, including at ferry terminals, unless they are fully vaccinated against COVID-19 and can provide proof upon request.) The bill also nullifies any successor or subsequent orders that require proof of a COVID-19 vaccination as a condition of entry into the United States and prohibits the use of federal funds to administer or enforce such requirements.

118 S455 IS: Travel Freedom Act U.S. Senate 2023-02-15 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. 455 IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Marshall Mr. Cramer Mr. Lee Mr. Braun Committee on Health, Education, Labor, and Pensions A BILL To terminate the requirement imposed by the Director of the Centers for Disease Control and Prevention for proof of COVID–19 vaccination for foreign travelers, and for other purposes. 1. Short title This Act may be cited as the Travel Freedom Act 2. Terminating CDC requirement for proof of COVID–19 vaccination for foreign travelers (a) In general Beginning on the date of the enactment of this Act, the air travel vaccination requirement for foreign travelers shall have no force or effect. (b) Prohibition on funding Beginning on the date of the enactment of this Act, no Federal funds may be used to administer, implement, or enforce the air travel vaccination requirement for foreign travelers. (c) Air travel vaccination requirement for foreign travelers In this section, the term air travel vaccination requirement for foreign travelers (1) the order issued by the Director of the Centers for Disease Control and Prevention entitled Amended Order Implementing Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID–19 Pandemic (2) any successor or subsequent order of the Centers for Disease Control and Prevention requiring foreign persons traveling by air to show proof of COVID–19 vaccination as a condition on entering the United States. 3. Terminating requirement for proof of COVID–19 vaccination for foreign persons entering along United States-Canada border (a) In general Beginning on the date of the enactment of this Act, the vaccination requirement for processing foreign travelers entering at land points of entry, including ferry terminals, along the United States-Canada border shall have no force or effect. (b) Prohibition on funding Beginning on the date of the enactment of this Act, no Federal funds may be used to administer, implement, or enforce the vaccination requirement for processing foreign travelers entering at land points of entry, including ferry terminals, along the United States-Canada border. (c) Vaccination requirement for foreign travelers entering along the United States-Canada border In this section, the term vaccination requirement for processing foreign travelers entering at land points of entry, including ferry terminals, along the United States-Canada border (1) the decision issued by the Secretary of Homeland Security and the Commissioner for U.S. Customs and Border Protection entitled Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada (2) any successor or subsequent order of the Secretary of Homeland Security or the Commissioner for U.S. Customs and Border Protection for the processing for entry into the United States foreign persons to show proof of COVID–19 vaccination as a condition on entering the United States, unless determined necessary by Congress.

Travel Freedom Act

Protecting Our Kids from Child Abuse Act This bill retroactively makes certain health care facilities and medical practitioners liable for any physical, psychological, emotional, or physiological harms caused by performing a gender-transition procedure on an individual who is younger than 18. The liability extends for 30 years after the individual who received the procedure turns 18, and it applies to procedures that occurred prior to the enactment of the bill. Specifically, the liability applies to pediatric gender clinics (medical facilities specializing in the diagnosis and treatment of gender discordance and dysphoria in minors) that provide gender-transition procedures; institutions of higher education and hospitals affiliated with those clinics, and medical practitioners who perform gender-transition procedures and those who administer health care related to the procedures at pediatric gender clinics. Medical practitioners and health care facilities may defend against a liability claim if they neither knew nor had reason to know the individual was a minor. Additionally, the bill prohibits federal funding for (1) gender-transition procedures performed on minors, (2) pediatric gender clinics, and (3) institutions of higher education or hospitals affiliated with those clinics. Under the bill, gender-transition procedures generally include surgeries or hormone therapies that change the body of an individual to correspond to a sex that is different than the individual's biological sex. They exclude, however, specified types of interventions, including those that address (1) ambiguous external biological sex characteristics or abnormal sex chromosome structure or hormones; or (2) infections or other harms that result from a gender-transition procedure.

118 S457 IS: Protecting Our Kids from Child Abuse Act U.S. Senate 2023-02-15 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. 457 IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Hawley Committee on the Judiciary A BILL To establish a Federal tort against pediatric gender clinics and other entities pushing gender-transition procedures that cause bodily injury to children or harm the mental health of children. 1. Short title This Act may be cited as the Protecting Our Kids from Child Abuse Act 2. Federal tort for harm to children caused by gender-transition procedures (a) Definitions In this section: (1) Gender transition procedure (A) In general Except as provided in subparagraph (B), the term gender-transition procedure (i) the prescription or administration of gonadotropin-releasing hormone agonists or any other puberty-blocking drugs for the purpose of changing the body of an individual so that it conforms to the subjective sense of identity of the individual, in the case such identity is at odds with the individual's biological sex of male or female; (ii) the prescription or administration of testosterone (when prescribed to a female) or estrogen (when prescribed to a male) for the purpose of changing the body of an individual so that it conforms to the subjective sense of identity of the individual, in the case such identity is at odds with the individual’s biological sex of male or female; or (iii) a surgery to change the body of an individual so that it conforms to the subjective sense of identity of the individual, in the case such identity is at odds with the individual’s biological sex of male or female. (B) Exception The term gender-transition procedure (i) an intervention described in subparagraph (A) that is performed on— (I) an individual with biological sex characteristics that are inherently ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or having both ovarian and testicular tissue; or (II) an individual with respect to whom a physician has determined through genetic or biochemical testing that the individual does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action, for a biological male or biological female; (ii) the treatment of any infection, injury, disease, or disorder that has been caused or exacerbated by the performance of an intervention described in subparagraph (A) without regard to whether the intervention was performed in accordance with State or Federal law or whether the intervention is covered by the private right of action under subsection (c); or (iii) any procedure undertaken because the individual suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of major bodily function unless the procedure is performed. (2) Hospital The term hospital 42 U.S.C. 1395x(e) (3) Institution of higher education The term institution of higher education 20 U.S.C. 1001 (4) Medical practitioner The term medical practitioner (5) Minor The term minor (6) Pediatric gender clinic The term pediatric gender clinic (b) Liability The following individuals and entities shall be liable in accordance with this section to any individual who suffers bodily injury or harm to mental health (including any physical, psychological, emotional, or physiological harm) that is attributable, in whole or in part, to a gender-transition procedure performed on the individual when the individual was a minor: (1) A pediatric gender clinic where the gender-transition procedure was provided. (2) Any medical practitioner who administered health care, at the time of the particular procedure, at the pediatric gender clinic where the gender-transition procedure was provided. (3) An institution of higher education that hosts, operates, partners with, provides funding to, or is otherwise affiliated with the pediatric gender clinic where the gender-transition procedure was provided. (4) A hospital that hosts, operates, partners with, provides funding to, or is otherwise affiliated with the pediatric gender clinic where the gender-transition procedure was provided. (5) Any medical practitioner who performed the gender-transition procedure on the individual. (c) Private right of action An individual who suffers bodily injury or harm to mental health that is attributable, in whole or in part, to a gender-transition procedure provided to the individual when the individual was a minor may, not later than 30 years after the date on which the individual turns 18 years of age, bring a civil action against an individual or entity described in subsection (b), in an appropriate district court of the United States or a State court of competent jurisdiction for— (1) compensatory damages; (2) punitive damages; and (3) attorney’s fees and costs. (d) Affirmative defense It shall be an affirmative defense to an action brought by or on behalf of an individual upon whom a gender-transition procedure was performed under subsection (c) that the pediatric gender clinic or medical practitioner who performed the gender-transition procedure on the individual, at all relevant times, did not know and had no reason to know that the individual in question was a minor. 3. Prohibition on funding No Federal funds may be made available— (1) to a pediatric gender clinic; (2) to an institution of higher education or hospital that hosts, operates, partners with, provides funding to, or is otherwise affiliated with, a pediatric gender clinic; or (3) for any gender-transition procedure performed on a minor. 4. Effective date and retroactive application This Act shall— (1) take effect on the date of enactment of this Act; and (2) apply to any gender-transition procedure that took place before, on, or after the effective date under paragraph (1). 5. Severability If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the remaining provisions of this Act, to any person or circumstance, shall not be affected.

Protecting Our Kids from Child Abuse Act

North American Transatlantic Resource Security Partnership Act of 2023 This bill requires or authorizes actions to reduce the reliance of U.S. partners and allies on Russian energy and minerals. The bill requires the Departments of Energy (DOE) and the Interior to establish a program to reduce such reliance by specified allied and partner nations (including Japan, Korea, Ukraine, and NATO members). Under the program, the departments shall develop and provide to such nations domestic resources, materials, or equipment, along with financial and technical assistance. The departments must also establish a program to promote cooperation with Mexico and Canada on energy issues. DOE must seek to establish an energy center with these countries to develop academic cooperation on energy-related topics, such as energy innovation technology and engineering. These departments must also establish a supply chain reliability assurance program to (1) prioritize domestic activities, such as energy production and mining, that ensure secure supply chains; and (2) facilitate collaboration with Mexico, Canada, industry, and other federal agencies to develop a reliable domestic supplier base of critical energy materials and technologies (for example, those related to high-performance computing, energy storage, and nuclear energy). The bill requires the Export-Import Bank to establish a portfolio to provide financing to certain energy infrastructure and critical minerals projects. The bill also statutorily authorizes the U.S. International Development Finance Corporation to provide financing and other types of support for projects related to any type of energy (including fossil fuels, renewables, and nuclear energy). The corporation may not prohibit support for a project due to the type of energy involved.

118 S458 IS: North American Transatlantic Resource Security Partnership Act of 2023 U.S. Senate 2023-02-15 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. 458 IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Manchin Ms. Murkowski Committee on Foreign Relations A BILL To establish a program to reduce the reliance of allied and partner nations on natural gas, petroleum, nuclear fuel, and minerals produced in Russia, and for other purposes. 1. Short title This Act may be cited as the North American Transatlantic Resource Security Partnership Act of 2023 2. Definition of Secretaries In this Act, the term Secretaries 3. Program to reduce reliance on Russian energy (a) Definition of ally or partner nation In this section, the term ally or partner nation (1) Australia. (2) Finland. (3) Japan. (4) The Republic of Korea. (5) Sweden. (6) Switzerland. (7) Ukraine. (8) Kosovo. (9) Moldova. (10) A country with a transmission system operator that is included in the European Network of Transmission System Operators for Electricity. (11) A member of the North Atlantic Treaty Organization. (12) Any other country designated as an ally or partner nation by the Secretaries for purposes of this Act. (b) Establishment The Secretaries shall establish a joint program (referred to in this section as the program (1) developing or manufacturing relevant resources, materials, or equipment domestically; (2) providing those resources, materials, and equipment to an ally or partner nation under such terms and conditions as the Secretaries determine appropriate; (3) issuing loans, loan guarantees, other financial assistance, or assistance in the form of an equity interest to carry out the activities described in paragraphs (1) and (2); and (4) providing relevant technical assistance to an ally or partner nation. (c) Priority In carrying out the program, the Secretaries shall give priority to activities and projects that— (1) are located in the United States; or (2) are located in or benefit countries that had an annual per capita gross domestic product of not more than $28,000 in 2020. (d) Partnerships The Secretaries may partner with other Federal agencies to carry out the program. (e) Authority To enter into agreements In carrying out the program, the Secretaries may enter into 1 or more agreements directly with an ally or partner nation or a third party under such terms and conditions as the Secretaries determine appropriate. (f) Domestic sourcing considerations (1) In general Except as provided in paragraph (2), to the extent practicable, the Secretaries may only carry out an activity described in paragraphs (1) through (4) of subsection (b) if the activity— (A) relies on resources, materials, or equipment that are developed or produced in the United States; and (B) promotes— (i) the energy and national security of the United States or ally or partner nations; or (ii) manufacturing in the United States. (2) Exception Paragraph (1) shall not apply with respect to an activity described in paragraphs (1) through (4) of subsection (b) if the Secretary of Energy certifies that such an activity cannot reasonably satisfy clause (i) or (ii) of paragraph (1)(B). (g) Reports Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Secretaries shall submit to the Committee on Energy and Natural Resources and the Committee on Foreign Relations of the Senate and the Committee on Energy and Commerce and the Committee on Foreign Affairs of the House of Representatives a report that— (1) identifies any resources, materials, or equipment developed under subsection (b)(1); and (2) analyzes how the program benefits domestic resource suppliers and manufacturers. (h) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretaries to carry out this section $500,000,000 for fiscal year 2024, to remain available until September 30, 2026. (2) Nord Stream 2 pipeline discontinuation (A) Authorization of appropriations In addition to the amount authorized to be appropriated under paragraph (1), there is authorized to be appropriated to the Secretaries to carry out this section $500,000,000 for fiscal year 2024, to remain available until September 30, 2026. (B) Conditions Amounts appropriated pursuant to subparagraph (A) may only be expended if the Secretary of Energy certifies to Congress that the planning, construction, and operation of the Nord Stream 2 pipeline has been permanently discontinued, including as a result of United States sanctions imposed on any person or entity responsible for such planning, construction, or operation. 4. Domestic energy and mineral security evaluation (a) Report on domestic energy and mineral security Not later than 1 year after the date of enactment of this Act, the Secretaries shall develop and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that evaluates the energy and mineral security of the United States, including— (1) identification of any threats posed to the supply, transmission, distribution, or use of energy in the United States; (2) identification of any threats posed to the supply, processing, refining, and distribution of minerals in the United States; (3) the potential impact of the threats described in paragraphs (1) and (2) on— (A) the economy of the United States; (B) consumers and well-functioning and competitive energy and mineral markets in the United States; and (C) the national security of the United States; and (4) identification of means to strengthen domestic production while standardizing a system to support projects with ally or partner nations to establish resilient and responsible energy and mineral supply chains. (b) Consultation In developing the report under subsection (a), the Secretaries may consult with relevant Federal, State, private sector, and other entities, as the Secretaries determine appropriate. 5. Energy and related infrastructure supply chain reliability assurance program (a) In general The Secretaries shall establish a supply chain reliability assurance program (referred to in this section as the program (1) prioritize, to the maximum extent practicable, domestic activities that ensure the establishment of secure supply chains, including energy production, mining, mineral processing, and manufacturing; (2) facilitate collaboration with Federal agencies, industrial partners, Mexico, and Canada to establish, grow, and maintain a reliable domestic supplier base of critical energy materials and technologies by establishing government-to-government partnerships and public-private partnerships— (A) to procure materials (as defined in section 2(b) of the National Materials and Minerals Policy, Research and Development Act of 1980 ( 30 U.S.C. 1601(b) Department (B) that may relate to— (i) high-performance computing; (ii) carbon capture materials; (iii) the electric grid, including transformers and high voltage direct current; (iv) energy storage; (v) hydropower and pumped storage hydropower; (vi) nuclear energy; (vii) catalysts; (viii) semiconductors; (ix) solar photovoltaics; (x) wind; (xi) isotopes; (xii) oil and gas; (xiii) advanced materials; and (xiv) geothermal electrical and thermal power storage; (3) improve coordination with Mexico and Canada to improve planning for material requirements and potential disruptions to commercial or contractor supply chains of materials crucial to energy and related technologies, including by— (A) assisting in coordination for forecasting future needs in existing and emerging energy and related technologies and new procurements; and (B) establishing clear requirements to increase raw material availability, expand manufacturing capabilities, support the formation of diverse, secure, and socially responsible foreign supply chains, and improve supply chain knowledge and decision-making for energy and related technologies; (4) collaborate with Federal agencies, industrial partners, and international partners to establish processes to mitigate manufacturing challenges for energy infrastructure and other energy-related products and to develop strategies to lower the long-term costs of energy materials and technology while identifying and preserving— (A) the production of materials and components required for advanced energy technologies and products, including natural gas, hydrogen, pipelines, and transmission, renewables, advanced nuclear, advanced energy materials, and commercial-scale energy storage by the Department; and (B) energy and related infrastructure; and (5) plan for— (A) the sustainment of the supply of recycled materials for energy and related technologies; and (B) required infrastructure to recycle materials for energy and related technologies. (b) Financial assistance The Secretaries may provide loans, loan guarantees, other financial assistance, and assistance in the form of an equity interest to carry out the activities under the program. (c) Funding There is authorized to be appropriated to the Secretaries to carry out this section $200,000,000 for the period of fiscal years 2024 through 2028. 6. North American energy security cooperation (a) Covered energy source defined In this section, the term covered energy source (1) Solar energy. (2) Biomass energy. (3) Energy efficiency technology. (4) Wind energy. (5) Geothermal energy. (6) Wave and tidal energy. (7) Advanced battery technology. (8) Hydrogen technology. (9) Nuclear energy. (10) Carbon capture, utilization, and storage technology. (11) Natural gas energy, including conventional and unconventional natural gas technologies and other associated technologies, and natural gas projects. (12) Water technologies, including water desalination, wastewater treatment and reclamation, and other water treatment refining. (13) Petroleum, petroleum derivatives, and petroleum products. (14) Critical materials (as defined in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) (b) Sense of Congress on United States-Mexico-Canada Cooperation Agreement It is the sense of Congress that— (1) it is in the highest economic and national security interests of the United States to develop covered energy sources in the United States; (2) the states of Mexico and provinces of Canada are steadfast allies of the United States and have the capacity to produce energy and mineral resources that contribute to economic and national security; (3) enhanced cooperation between the United States, Mexico, and Canada for the purpose of research and development of covered energy sources would be in the national interests of all 3 countries; (4) energy cooperation between the United States, Mexico, and Canada and the development of natural resources by all 3 countries are in the strategic interests of the United States; (5) the United States can play a role in assisting Mexico and Canada with regional safety and security issues; (6) the Secretaries, as appropriate and in consultation with the National Science Foundation, should collaborate with Mexico and Canada with respect to research, development, and deployment of covered energy sources; (7) the United States, Mexico, and Canada should strive to develop more robust academic cooperation with respect to— (A) energy innovation technology and engineering; (B) water science; (C) technology transfer; and (D) analysis of— (i) emerging geopolitical dynamics, threats, and crises from acquisitions of natural resources and energy supplies by foreign countries; and (ii) the development of domestic resources as a response to those threats; and (8) the United States strongly urges open dialogue and continued mechanisms for regular engagement and encourages further cooperation between applicable departments, agencies, ministries, institutions of higher education, and the private sector of the United States, Mexico, and Canada on energy security issues, including with respect to— (A) identifying policy priorities associated with the development of natural resources of Mexico and Canada; (B) discussing and sharing best practices with respect to securing cyber energy infrastructure and other energy security matters; (C) leveraging natural gas to positively impact regional stability; (D) issues relating to the energy-water nexus, including improving energy efficiency and the overall performance of water technologies through research and development in water desalination, wastewater treatment and reclamation, water treatment in gas and oil production processes, and other water treatment refiners; (E) technical and environmental management of deep-water exploration and production; (F) emergency response and coastal protection and restoration; (G) academic outreach and engagement; (H) private sector and business development; (I) regulatory consultations; (J) leveraging alternative transportation fuels and technologies; and (K) any other areas determined appropriate by the governments of the United States, Mexico, and Canada. (c) Program To promote North American energy cooperation (1) In general The Secretaries, in consultation with the Secretary of State, the Secretary of Commerce, and the heads of other relevant agencies, shall carry out a program to promote cooperation on energy issues with the governments of Mexico and Canada. (2) Activities Under the program required by paragraph (1), the Secretaries shall coordinate with the governments of Mexico and Canada— (A) to increase the production of energy supplies; (B) to improve energy efficiency; (C) to assist in the development and transfer of energy supply and efficiency technologies that would have a beneficial impact on world energy markets; (D) to align energy-related regulations to reduce the burden on energy companies conducting trans-border activities and to align regulations and standards in the appropriate sectors; (E) to streamline the United States presidential permitting process to ensure that requirements are consistently implemented by having a fair and reliable process for obtaining presidential permits for trans-border energy infrastructure projects; (F) to implement processes for cross-border movement of equipment and workers to avoid delays in business and trade transactions; and (G) to involve States of the United States, states of Mexico, and provinces of Canada in efforts to advance North American energy integration. (3) Loans and loan guarantees (A) Establishment In implementing cooperative agreements with the governments of Mexico and Canada entered into under this subsection, the Secretary of Energy shall establish a program under which the Secretary may provide loans and loan guarantees to support projects relating to the research, development, and commercialization of covered energy sources. (B) Eligible projects A project is eligible for a loan or loan guarantee under subparagraph (A) if the project— (i) addresses a requirement relating to improvement of covered energy sources, as determined by the Secretary of Energy; and (ii) is a joint venture between— (I) (aa) a for-profit business entity, institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) 42 U.S.C. 15801 (bb) a for-profit business entity, institution of higher education, or nonprofit entity in Mexico or Canada; or (II) 2 or more of the following: (aa) The United States Government. (bb) The Government of Mexico. (cc) The Government of Canada. (C) Applications (i) In general An entity seeking a loan or loan guarantee under subparagraph (A) shall submit to the Secretary of Energy an application for the loan or loan guarantee in accordance with procedures established by the Secretary, in consultation with the advisory board established under subparagraph (D). (ii) Loan guarantees The Secretary of Energy shall require any entity seeking a loan guarantee to pay all credit subsidy costs associated with the loan guarantee. (D) Advisory board (i) Establishment The Secretary of Energy shall establish an advisory board— (I) to monitor the method by which loans and loan guarantees are awarded under subparagraph (A); and (II) to provide to the Secretary of Energy periodic performance reviews of actions taken to carry out this paragraph. (ii) Composition The advisory board established under clause (i) shall be composed of 3 members, to be appointed by the Secretary of Energy, of whom— (I) 1 shall be a representative of the United States Government; (II) 1 shall be selected from a list of nominees provided by the Government of Mexico; and (III) 1 shall be selected from a list of nominees provided by the Government of Canada. (E) Contributed funds Notwithstanding section 3302 of title 31, United States Code, the Secretary of Energy may accept, retain, and use funds contributed by any person, government entity, or organization for purposes of carrying out this paragraph— (i) without further appropriation; and (ii) without fiscal year limitation. (F) Report Not later than 180 days after the date of completion of a project for which a loan or loan guarantee is provided under subparagraph (A), the recipient of the loan or loan guarantee shall submit to the Secretary of Energy a report that contains— (i) a description of how the recipient used the loan or loan guarantee; and (ii) an evaluation of the level of success of the project for which a loan or loan guarantee was provided. (d) International partnerships (1) In general The Secretary of Energy may enter into cooperative agreements supporting and enhancing dialogue and planning involving international partnerships between the Department of Energy, including the National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 (2) Federal share The Secretary of Energy may not pay more than 50 percent of the costs of implementing cooperative agreements entered into pursuant to paragraph (1). (3) Annual reports If the Secretary of Energy enters into agreements authorized by paragraph (1), the Secretary shall, not less frequently than annually, submit to the committees specified in paragraph (4) a report that describes, for the year preceding submission of the report— (A) actions taken to implement such agreements; and (B) any projects undertaken pursuant to such agreements. (4) Committees specified The committees specified in this paragraph are— (A) the Committee on Energy and Natural Resources, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (B) the Committee on Energy and Commerce, the Committee on Science, Space, and Technology, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (e) United States-Mexico-Canada Energy Center (1) In general The Secretary of Energy shall seek to establish, jointly with the governments of Mexico and Canada, a United States-Mexico-Canada Energy Center (in this subsection referred to as the Center (2) Purpose The purpose of the Center shall be to further dialogue and collaboration between the United States, Mexico, and Canada to develop more robust academic cooperation with respect to— (A) energy innovation technology and engineering, water science, and technology transfer; (B) analysis of emerging geopolitical dynamics, threats, and crises from acquisitions by foreign governments of natural resources and energy supplies; and (C) the development of domestic resources as a response to those implications, crises, and threats. (3) Use of experience and knowledge In establishing the Center, the Secretary of Energy shall seek to leverage the experience, knowledge, and expertise of institutions of higher education and entities in the private sector, among others, with respect to offshore energy development. 7. Strategic energy financing (a) Strategic energy and minerals portfolio at United States International Development Finance Corporation Title V of the Better Utilization of Investments Leading to Development Act of 2018 ( 22 U.S.C. 9671 et seq. 1455. Strategic energy and minerals portfolio The Corporation— (1) may provide support under title II for projects related to any type of energy, including fossil fuels, renewables (including hydropower), and nuclear energy, or the production, processing, manufacturing, or recycling of critical minerals (as defined in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) (2) may not prohibit, restrict, or otherwise impede the provision of support on the basis of the type of energy involved in a project. . (b) Promotion of energy and minerals exports by Export-Import Bank of the United States (1) Strategic energy and minerals portfolio The Export-Import Bank Act of 1945 ( 12 U.S.C. 635 et seq. 16. Strategic energy and minerals portfolio (a) In general The Bank shall establish a strategic energy and minerals portfolio focused on providing financing (including loans, loan guarantees, and insurance) for civil nuclear energy infrastructure projects (subject to subsection (c)), natural gas infrastructure projects, and critical minerals projects (including production, processing, manufacturing, or recycling), that may facilitate— (1) increases in exports of United States energy commodities, such as regasification terminals; (2) the export of United States equipment, materials, and technology; or (3) the strategic diversification of supply chains critical to the United States economy. (b) Maximum exposure cap for strategic energy portfolio (1) In general The aggregate amount of loans, guarantees, and insurance under subsection (a) the Bank has outstanding at any one time may not exceed $50,000,000,000. (2) Treatment of defaults A default on financing provided under subsection (a) shall not— (A) be included in the default rate calculated by the Bank under section 8(g)(1); or (B) count for purposes of the freeze on lending provided for under section 6(a)(3). (c) Limitation The Bank may provide financing for civil nuclear energy infrastructure projects only in countries with which the United States has in effect a nuclear cooperation agreement under section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 (d) Rule of construction Nothing in this section may be construed to lessen the obligation of the Bank to conduct rigorous due diligence and mitigate risks with respect to transactions or projects for which the Bank provides financing under this section. (e) Critical mineral defined In this section, the term critical mineral 30 U.S.C. 1606(a) . (2) Promotion of energy exports Section 2(b)(1)(C) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635(b)(1)(C) nonnuclear renewable all (3) Modification of limitation on financing for nuclear energy exports Section 2(b)(5) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635(b)(5) any liquid metal fast breeder nuclear reactor or any nuclear fuel reprocessing facility any nuclear material, equipment, or technology not provided for under a nuclear cooperation agreement in effect under section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 (4) Extension of Export-Import Bank (A) Aggregate loan, guarantee, and insurance authority Section 6(a) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635e(a) (i) in paragraph (2), by striking 2020 through 2027, means $135,000,000,000 2024 through 2033, means $200,000,000,000 (ii) in paragraph (3), by striking If Except as provided in section 16(b)(2), if (B) Termination Section 7 of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635f 2026 2033

North American Transatlantic Resource Security Partnership Act of 2023

Mental Health Professionals Workforce Shortage Loan Repayment Act of 2023 This bill reauthorizes through FY2032 and expands the Substance Use Disorder Treatment and Recovery Loan Repayment Program. Through this program, the Health Resources and Services Administration provides loan repayment assistance to individuals who agree to work for a period of time in the field of substance use disorder treatment. In particular, the bill expands eligibility to include individuals who agree to work in mental health professional shortage areas for a period of time. The bill also allows the use of the loan repayment assistance to repay any loan incurred to obtain a post-graduate degree in a mental health or related field. (Current law limits the loans eligible for repayment to loans for education and training for substance use disorder treatment employment and specified nursing and federal education loans.)

118 S462 IS: Mental Health Professionals Workforce Shortage Loan Repayment Act of 2023 U.S. Senate 2023-02-16 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. 462 IN THE SENATE OF THE UNITED STATES February 16, 2023 Ms. Smith Ms. Murkowski Ms. Hassan Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to modify the loan repayment program for the substance use disorder treatment workforce to relieve workforce shortages. 1. Short title This Act may be cited as the Mental Health Professionals Workforce Shortage Loan Repayment Act of 2023 2. Loan repayment program for substance use disorder treatment workforce Section 781 of the Public Health Service Act ( 42 U.S.C. 295h (1) In subsection (a)(2), by inserting , or the individuals each agree to complete a period of service in a mental health professional shortage area (2) in subsection (c)— (A) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and (B) by inserting after paragraph (1), the following: (2) Any loan used for obtaining a degree from an accredited institution of higher education for education in mental health or a related field leading to a master’s degree, leading to a doctoral degree, or consisting of post-doctoral study. ; (3) by striking subsection (d) and inserting the following: (d) Requirements of service Any individual receiving payments under this program as required by an agreement under subsection (a) shall agree— (1) to an annual commitment to full-time employment, with no more than 1 year passing between any 2 years of covered employment, in substance use disorder treatment employment in the United States in— (A) a Mental Health Professional Shortage Area, as designated under section 332; or (B) a county (or a municipality, if not contained within any county) where the mean drug overdose death rate per 100,000 people over the past 3 years for which official data is available from the State, is higher than the most recent available national average overdose death rate per 100,000 people, as reported by the Centers for Disease Control and Prevention; or (2) to up to 6 years of full-time employment, with no more than 1 year passing between any 2 years of covered employment, as a behavioral or mental health professional in the United States in— (A) a mental health professional shortage area of greatest need, as determined by the Secretary for the purposes of this section, as designated under section 332; or (B) any facility, program, center, or clinic as determined appropriate by the Secretary for purposes of this section because of a shortage of mental health professionals, including private physician practices and other medical facilities designated under section 332(a) as having such a shortage. ; (4) in subsection (e)(2), by inserting 338B, 338I, or 846 of this Act, section under section (5) in subsection (h)(2), by inserting and behavioral and mental health services employees treatment employees (6) in subsection (i)— (A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and (B) by inserting before paragraph (2) (as so redesignated), the following: (1) The term behavioral and mental health professional ; and (7) in subsection (j). by striking $25,000,000 for each of fiscal years 2019 through 2023 $50,000,000 for each of fiscal years 2023 through 2032

Mental Health Professionals Workforce Shortage Loan Repayment Act of 2023

Downwinders Parity Act of 2023 This bill expands a program that compensates individuals who were exposed to radiation from atmospheric nuclear testing and subsequently developed specified cancers. Under current law, the program compensates, among others, individuals who were present in a designated geographic area during a period of nuclear testing. The bill expands that area to include all parts of Clark County, Nevada, and Mohave County, Arizona. Current law restricts eligibility to certain parts of those counties. The Department of Justice must report on efforts to inform individuals newly eligible for compensation about the program.

101 S463 IS: Downwinders Parity Act of 2023 U.S. Senate 2023-02-16 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. 463 IN THE SENATE OF THE UNITED STATES February 16, 2023 Ms. Sinema Mr. Kelly Ms. Rosen Committee on the Judiciary A BILL To amend the Radiation Exposure Compensation Act to include certain communities, and for other purposes. 1. Short title This Act may be cited as the Downwinders Parity Act of 2023 2. Inclusion under the Radiation Exposure Compensation Act Section 4(b)(1) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 Public Law 101–426 (1) in subparagraph (B)— (A) by striking that portion of (B) by striking that consists of townships 13 through 16 at ranges 63 through 71 (2) in subparagraph (C), by inserting all acreage in any county all or part of which is located in that part 3. Report Not later than 180 days after the date of enactment of this Act, the Attorney General shall submit to the relevant committees of the Senate and the House of Representatives a report that outlines efforts to educate and conduct outreach to persons made newly eligible for benefits under the amendments made by section 2.

Downwinders Parity Act of 2023

Patient Access to Higher Quality Health Care Act of 2023 This bill repeals provisions under the Stark law (i.e., the Physician Self-Referral Law) that limit, for purposes of Medicare participation, self-referrals by newly constructed or expanded physician-owned hospitals.

111 S470 IS: Patient Access to Higher Quality Health Care Act of 2023 U.S. Senate 2023-02-16 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. 470 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Lankford Mr. Marshall Mr. Tillis Mr. Young Mr. Cotton Mr. Boozman Mr. Cassidy Mr. Barrasso Mr. Paul Mr. Cornyn Mr. Cruz Mr. Mullin Mr. Lee Mr. Budd Committee on Finance A BILL To repeal changes made by health care reform laws to the Medicare exception to the prohibition on certain physician referrals for hospitals, and for other purposes. 1. Short title This Act may be cited as the Patient Access to Higher Quality Health Care Act of 2023 2. Repeal of health care reform provisions limiting Medicare exception to the prohibition on certain physician referrals for hospitals Sections 6001 and 10601 of the Patient Protection and Affordable Care Act ( Public Law 111–148 Public Law 111–152

Patient Access to Higher Quality Health Care Act of 2023

American Security Drone Act of 2023 This bill bans the procurement or use by the federal government of unmanned aircraft systems (UAS) that are manufactured or assembled by certain foreign entities, including entities subject to influence or control by China, with exceptions. The ban includes associated elements that enable the operator to operate the aircraft in the national airspace system. The Department of Homeland Security, the Department of Defense, the Office of the Director of National Intelligence, and the Department of Justice are exempt from the restriction under specified circumstances. The bill sets forth further exemptions regarding the Department of Transportation, the Federal Aviation Administration, the National Transportation Safety Board, and the National Oceanic Atmospheric Administration. All executive agencies must account for existing inventories of UAS manufactured or assembled by a covered foreign entity in their personal property accounting systems. The Federal Acquisition Regulatory Council shall prescribe regulations or guidance to implement this bill's requirements pertaining to federal contracts. Government-issued purchase cards may not be used to procure any UAS from a covered foreign entity. The Office of Management and Budget shall establish a government-wide policy for the procurement of UAS, taking into account information security. The Office of the Under Secretary of Defense for Acquisition and Sustainment must report to Congress on the supply chain for certain UAS. The bill terminates five years after enactment.

118 S473 IS: American Security Drone Act of 2023 U.S. Senate 2023-02-16 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. 473 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Scott of Florida Mr. Warner Mr. Rubio Mr. Blumenthal Mrs. Blackburn Mr. Murphy Committee on Homeland Security and Governmental Affairs A BILL To provide for drone security. 1. Short title This Act may be cited as the American Security Drone Act of 2023 2. Definitions In this Act: (1) Covered foreign entity The term covered foreign entity (A) An entity included on the Consolidated Screening List. (B) Any entity that is subject to extrajudicial direction from a foreign government, as determined by the Secretary of Homeland Security. (C) Any entity the Secretary of Homeland Security, in coordination with the Attorney General, Director of National Intelligence, and the Secretary of Defense, determines poses a national security risk. (D) Any entity domiciled in the People’s Republic of China or subject to influence or control by the Government of the People’s Republic of China or the Communist Party of the People’s Republic of China, as determined by the Secretary of Homeland Security. (E) Any subsidiary or affiliate of an entity described in subparagraphs (A) through (D). (2) Covered unmanned aircraft system The term covered unmanned aircraft system unmanned aircraft system (3) Intelligence; intelligence community The terms intelligence intelligence community 50 U.S.C. 3003 3. Prohibition on procurement of covered unmanned aircraft systems from covered foreign entities (a) In general Except as provided under subsections (b) through (f), the head of an executive agency may not procure any covered unmanned aircraft system that is manufactured or assembled by a covered foreign entity, which includes associated elements related to the collection and transmission of sensitive information (consisting of communication links and the components that control the unmanned aircraft) that enable the operator to operate the aircraft in the National Airspace System. The Federal Acquisition Security Council, in coordination with the Secretary of Transportation, shall develop and update a list of associated elements. (b) Exemption The Secretary of Homeland Security, the Secretary of Defense, the Director of National Intelligence, and the Attorney General are exempt from the restriction under subsection (a) if the procurement is required in the national interest of the United States and— (1) is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology; (2) is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations, or for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology; or (3) is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official. (c) Department of Transportation and Federal Aviation Administration exemption The Secretary of Transportation is exempt from the restriction under subsection (a) if the operation or procurement is deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, including activities carried out under the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence (COE) and any other activity deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, as determined by the Secretary or the Secretary’s designee. (d) National Transportation Safety Board exemption The National Transportation Safety Board, in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation or procurement is necessary for the sole purpose of conducting safety investigations. (e) National Oceanic and Atmospheric Administration exemption The Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the procurement is necessary for the purpose of meeting NOAA’s science or management objectives or operational mission. (f) Waiver The head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis— (1) with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and (2) upon notification to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Reform in the House of Representatives; and (C) other appropriate congressional committees of jurisdiction. 4. Prohibition on operation of covered unmanned aircraft systems from covered foreign entities (a) Prohibition (1) In general Beginning on the date that is two years after the date of the enactment of this Act, no Federal department or agency may operate a covered unmanned aircraft system manufactured or assembled by a covered foreign entity. (2) Applicability to contracted services The prohibition under paragraph (1) applies to any covered unmanned aircraft systems that are being used by any executive agency through the method of contracting for the services of covered unmanned aircraft systems. (b) Exemption The Secretary of Homeland Security, the Secretary of Defense, the Director of National Intelligence, and the Attorney General are exempt from the restriction under subsection (a) if the operation is required in the national interest of the United States and— (1) is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology; (2) is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations, or for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology; or (3) is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official. (c) Department of Transportation and Federal Aviation Administration exemption The Secretary of Transportation is exempt from the restriction under subsection (a) if the operation is deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, including activities carried out under the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence (COE) and any other activity deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, as determined by the Secretary or the Secretary’s designee. (d) National Transportation Safety Board exemption The National Transportation Safety Board, in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation is necessary for the sole purpose of conducting safety investigations. (e) National Oceanic and Atmospheric Administration exemption The Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the procurement is necessary for the purpose of meeting NOAA’s science or management objectives or operational mission. (f) Waiver The head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis— (1) with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and (2) upon notification to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Reform in the House of Representatives; and (C) other appropriate congressional committees of jurisdiction. (g) Regulations and guidance Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of Transportation, shall prescribe regulations or guidance to implement this section. 5. Prohibition on use of Federal funds for procurement and operation of covered unmanned aircraft systems from covered foreign entities (a) In general Beginning on the date that is two years after the date of the enactment of this Act, except as provided in subsection (b), no Federal funds awarded through a contract, grant, or cooperative agreement, or otherwise made available may be used— (1) to procure a covered unmanned aircraft system that is manufactured or assembled by a covered foreign entity; or (2) in connection with the operation of such a drone or unmanned aircraft system. (b) Exemption The Secretary of Homeland Security, the Secretary of Defense, the Director of National Intelligence, and the Attorney General are exempt from the restriction under subsection (a) if the procurement or operation is required in the national interest of the United States and— (1) is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology; (2) is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations, or for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology; or (3) is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official. (c) Department of Transportation and Federal Aviation Administration exemption The Secretary of Transportation is exempt from the restriction under subsection (a) if the operation or procurement is deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, including activities carried out under the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence (COE) and any other activity deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, as determined by the Secretary or the Secretary’s designee. (d) National Oceanic and Atmospheric Administration exemption The Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation or procurement is necessary for the purpose of meeting NOAA’s science or management objectives or operational mission. (e) Waiver The head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis— (1) with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and (2) upon notification to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Reform in the House of Representatives; and (C) other appropriate congressional committees of jurisdiction. (f) Regulations Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall prescribe regulations or guidance, as necessary, to implement the requirements of this section pertaining to Federal contracts. 6. Prohibition on use of Government-issued Purchase Cards to purchase covered unmanned aircraft systems from covered foreign entities Effective immediately, Government-issued Purchase Cards may not be used to procure any covered unmanned aircraft system from a covered foreign entity. 7. Management of existing inventories of covered unmanned aircraft systems from covered foreign entities (a) In general All executive agencies must account for existing inventories of covered unmanned aircraft systems manufactured or assembled by a covered foreign entity in their personal property accounting systems, within one year of the date of enactment of this Act, regardless of the original procurement cost, or the purpose of procurement due to the special monitoring and accounting measures necessary to track the items’ capabilities. (b) Classified tracking Due to the sensitive nature of missions and operations conducted by the United States Government, inventory data related to covered unmanned aircraft systems manufactured or assembled by a covered foreign entity may be tracked at a classified level, as determined by the Secretary of Homeland Security or the Secretary’s designee. (c) Exceptions The Department of Defense, the Department of Homeland Security, the Department of Justice, the Department of Transportation, and the National Oceanic and Atmospheric Administration may exclude from the full inventory process, covered unmanned aircraft systems that are deemed expendable due to mission risk such as recovery issues, or that are one-time-use covered unmanned aircraft due to requirements and low cost. 8. Comptroller General report Not later than 275 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the amount of commercial off-the-shelf drones and covered unmanned aircraft systems procured by Federal departments and agencies from covered foreign entities. 9. Government-wide policy for procurement of unmanned aircraft systems (a) 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, in coordination with the Department of Homeland Security, Department of Transportation, the Department of Justice, and other Departments as determined by the Director of the Office of Management and Budget, and in consultation with the National Institute of Standards and Technology, shall establish a government-wide policy for the procurement of an unmanned aircraft system— (1) for non-Department of Defense and non-intelligence community operations; and (2) through grants and cooperative agreements entered into with non-Federal entities. (b) Information security The policy developed under subsection (a) shall include the following specifications, which to the extent practicable, shall be based on industry standards and technical guidance from the National Institute of Standards and Technology, to address the risks associated with processing, storing, and transmitting Federal information in an unmanned aircraft system: (1) Protections to ensure controlled access to an unmanned aircraft system. (2) Protecting software, firmware, and hardware by ensuring changes to an unmanned aircraft system are properly managed, including by ensuring an unmanned aircraft system can be updated using a secure, controlled, and configurable mechanism. (3) Cryptographically securing sensitive collected, stored, and transmitted data, including proper handling of privacy data and other controlled unclassified information. (4) Appropriate safeguards necessary to protect sensitive information, including during and after use of an unmanned aircraft system. (5) Appropriate data security to ensure that data is not transmitted to or stored in non-approved locations. (6) The ability to opt out of the uploading, downloading, or transmitting of data that is not required by law or regulation and an ability to choose with whom and where information is shared when it is required. (c) Requirement The policy developed under subsection (a) shall reflect an appropriate risk-based approach to information security related to use of an unmanned aircraft system. (d) Revision of acquisition regulations Not later than 180 days after the date on which the policy required under subsection (a) is issued— (1) the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation, as necessary, to implement the policy; and (2) any Federal department or agency or other Federal entity not subject to, or not subject solely to, the Federal Acquisition Regulation shall revise applicable policy, guidance, or regulations, as necessary, to implement the policy. (e) Exemption In developing the policy required under subsection (a), the Director of the Office of Management and Budget shall— (1) incorporate policies to implement the exemptions contained in this Act; and (2) incorporate an exemption to the policy in the case of a head of the procuring department or agency determining, in writing, that no product that complies with the information security requirements described in subsection (b) is capable of fulfilling mission critical performance requirements, and such determination— (A) may not be delegated below the level of the Deputy Secretary, or Administrator, of the procuring department or agency; (B) shall specify— (i) the quantity of end items to which the waiver applies and the procurement value of those items; and (ii) the time period over which the waiver applies, which shall not exceed three years; (C) shall be reported to the Office of Management and Budget following issuance of such a determination; and (D) not later than 30 days after the date on which the determination is made, shall be provided to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. 10. State, local, and territorial law enforcement and emergency service exemption (a) Rule of construction Nothing in this Act shall prevent a State, local, or territorial law enforcement or emergency service agency from procuring or operating a covered unmanned aircraft system purchased with non-Federal dollars. (b) Continuity of arrangements The Federal Government may continue entering into contracts, grants, and cooperative agreements or other Federal funding instruments with State, local, or territorial law enforcement or emergency service agencies under which a covered unmanned aircraft system will be purchased or operated if the agency has received approval or waiver to purchase or operate a covered unmanned aircraft system pursuant to section 5. 11. Study (a) Study on the Supply Chain for Unmanned Aircraft Systems and Components (1) Report required Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall provide to the appropriate congressional committees a report on the supply chain for covered unmanned aircraft systems, including a discussion of current and projected future demand for covered unmanned aircraft systems. (2) Elements The report under paragraph (1) shall include the following: (A) A description of the current and future global and domestic market for covered unmanned aircraft systems that are not widely commercially available except from a covered foreign entity. (B) A description of the sustainability, availability, cost, and quality of secure sources of covered unmanned aircraft systems domestically and from sources in allied and partner countries. (C) The plan of the Secretary of Defense to address any gaps or deficiencies identified in subparagraph (B), including through the use of funds available under the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. (D) Such other information as the Under Secretary of Defense for Acquisition and Sustainment determines to be appropriate. (3) Appropriate congressional committees defined In this section the term appropriate congressional committees (A) The Committees on Armed Services of the Senate and the House of Representatives. (B) The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. (C) The Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives. (D) The Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. (E) The Committee on Transportation and Infrastructure of the House of Representatives. (F) The Committee on Homeland Security of the House of Representatives. 12. Exceptions (a) Exception for wildfire management operations and search and rescue operations The appropriate Federal agencies, in consultation with the Secretary of Homeland Security, are exempt from the procurement and operation restrictions under sections 3, 4, and 5 to the extent the procurement or operation is necessary for the purpose of supporting the full range of wildfire management operations or search and rescue operations. (b) Exception for intelligence activities The elements of the intelligence community, in consultation with the Director of National Intelligence, are exempt from the procurement and operation restrictions under sections 3, 4, and 5 to the extent the procurement or operation is necessary for the purpose of supporting intelligence activities. (c) Exception for tribal law enforcement or emergency service agency Tribal law enforcement or Tribal emergency service agencies, in consultation with the Secretary of Homeland Security, are exempt from the procurement, operation, and purchase restrictions under sections 3, 4, and 5 to the extent the procurement or operation is necessary for the purpose of supporting the full range of law enforcement operations or search and rescue operations on Indian lands. 13. Sunset Sections 3, 4, and 5 shall cease to have effect on the date that is five years after the date of the enactment of this Act.

American Security Drone Act of 2023

Maintaining Investments in New Innovation Act This bill requires drug products with genetically targeted technology to have had market approval for at least 11 years in order to qualify for the Medicare Drug Price Negotiation Program. (The program requires the Centers for Medicare & Medicaid Services to negotiate the prices of certain prescription drugs under Medicare beginning in 2026. Among other requirements, drugs must have had market approval for at least 7 years (for drug products) or 11 years (for biologics) to qualify for negotiation.)

118 S476 IS: Maintaining Investments in New Innovation Act U.S. Senate 2023-02-16 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. 476 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Menendez Mrs. Blackburn Committee on Finance A BILL To amend title XI of the Social Security Act to protect access to genetically targeted technologies. 1. Short title This Act may be cited as the Maintaining Investments in New Innovation Act 2. Amendment to definition of qualifying single source drug Section 1192(e) of the Social Security Act ( 42 U.S.C. 1320f–1(e) (1) in paragraph (1)(A)(ii), by inserting (or, in the case of an advanced drug product (as defined in paragraph (4)), 11 years) 7 years (2) by adding at the end the following new paragraph: (4) Advanced drug product defined For purposes of paragraph (1)(A)(ii), the term advanced drug product .

Maintaining Investments in New Innovation Act

Graduation Reporting for Accuracy and Decision-Making Act or the GRAD Act This bill expands consumer information disclosure requirements related to student completion or graduation rates at institutions of higher education (IHEs) that participate in federal student-aid programs. Currently, such IHEs must disclose the completion or graduation rate of first-time, full-time, certificate- or degree-seeking undergraduate students. This bill expands disclosure requirements to include the completion or graduation rates of non-first-time and half-time certificate- or degree-seeking undergraduate students. The bill also sets forth new time periods for calculating the completion or graduation rates for programs of study that are less than four years.

117 S4410 IS: GRAD Act U.S. Senate 2022-06-15 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 117th CONGRESS 2d Session S. 4410 IN THE SENATE OF THE UNITED STATES June 15, 2022 Mr. Romney Mr. Barrasso Mr. Hickenlooper Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to provide for comprehensive student achievement information. 1. Short title This Act may be cited as the Graduation Reporting for Accuracy and Decision-Making Act GRAD Act 2. Consumer information about completion or graduation times (a) Transparency in college tuition for consumers Section 132(i)(1)(J) of the Higher Education Act of 1965 ( 20 U.S.C. 1015a(i)(1)(J) (J) (i) For programs of study 4 years of length or longer— (I) the percentages of first-time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (III) of clause (iii); (II) the percentages of first-time, part-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (III) of clause (iii); (III) the percentages of non-first time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (III) of clause (iii); and (IV) the percentages of non-first-time, part-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (III) of clause (iii). (ii) For programs of study less than 4 years— (I) the percentages of first-time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (IV) of clause (iii); (II) the percentages of first-time, part-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (IV) of clause (iii); (III) the percentages of non-first-time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (IV) of clause (iii); and (IV) the percentages of non-first-time, part-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (IV) of clause (iii). (iii) For purposes of this subparagraph, the times for completion or graduation are as follows: (I) The normal time for completion of, or graduation from, the student’s program. (II) 150 percent of the normal time for completion of, or graduation from, the student’s program. (III) 200 percent of the normal time for completion of, or graduation from, the student’s program. (IV) 300 percent of the normal time for completion of, or graduation from, the student’s program. (iv) In making publicly available the percentages described in this subparagraph, the Secretary shall display each percentage in a consistent manner and with equal visibility. . (b) Institutional and financial assistance information for students Section 485(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(a) (1) in paragraph (1), by striking subparagraph (L) and inserting the following: (L) each completion or graduation rate for each type of student and program described in clauses (i) and (ii) of section 132(i)(1)(J); ; and (2) in paragraph (3), by striking within 150 percent of the normal time for completion of or graduation from the program within the time for completion or graduation described in section 132(i)(1)(J) applicable to such student and such program

GRAD Act

Fire Suppression and Response Funding Assurance Act This bill sets the federal cost share of fire management assistance at 75% of the eligible cost of such assistance and provides for a state or local government to use such assistance for the predeployment of assets and resources. The Federal Emergency Management Agency (FEMA) must complete a rulemaking to provide criteria for the circumstances under which it may recommend that the President increase the federal cost share.

118 S479 IS: Fire Suppression and Response Funding Assurance Act U.S. Senate 2023-02-16 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. 479 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Padilla Mr. Sullivan Committee on Homeland Security and Governmental Affairs A BILL To modify the fire management assistance cost share, and for other purposes. 1. Short title This Act may be cited as the Fire Suppression and Response Funding Assurance Act 2. Fire management assistance cost share and eligible activities (a) In general Section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5187 (1) by redesignating subsection (e) as subsection (g); and (2) by inserting after subsection (d) the following: (e) Federal share The Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of such assistance. (f) Eligible expense A State or local government may use assistance provided under this section for the predeployment of assets and resources. . (b) Applicability The amendments made by subsection (a) shall only apply to amounts appropriated on or after the date of enactment of this Act. 3. Rulemaking Not later than 3 years after the date of enactment of this Act, the President, acting through the Administrator of the Federal Emergency Management Agency, shall conduct and complete a rulemaking to provide criteria for the circumstances under which the Administrator may recommend the President increase the Federal cost share for section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5187

Fire Suppression and Response Funding Assurance Act

Deterring Communist Chinese Aggression against Taiwan through Financial Sanctions Act of 2023 This bill requires sanctions and other actions if China's government makes any attempt to subject Taiwan to China's control, including by invading Taiwan's territory. If China's government makes such an attempt, the bill requires certain actions, including (1) imposing sanctions against Chinese nationals, citizens, and entities that participate in the attempt; (2) prohibiting the trading in the securities of Chinese entities on national securities exchanges; and (3) imposing sanctions on global financial communications services providers that continue to provide financial communications services to the Central Bank of China or any foreign financial institutions subject to sanctions under this bill.

116 S481 IS: Deterring Communist Chinese Aggression against Taiwan through Financial Sanctions Act of 2023 U.S. Senate 2023-02-16 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. 481 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Scott of Florida Mr. Cramer Committee on Banking, Housing, and Urban Affairs A BILL To impose sanctions to deter aggression by the People’s Republic of China against Taiwan, and for other purposes. 1. Short title This Act may be cited as the Deterring Communist Chinese Aggression against Taiwan through Financial Sanctions Act of 2023 2. Findings Congress makes the following findings: (1) Taiwan is a self-governing polity with all the attributes of a constitutional democratic republic and consistently achieves exceedingly high scores from Freedom House’s Freedom in the World Index. (2) Taiwan practices and enshrines in law a free market and entrepreneurial economy and consistently achieves exceedingly high scores in the Heritage Foundation's Index of Economic Freedom. (3) Taiwan’s government and political culture cherish individual rights and the protection of ethnic minorities, and do so through respect for the rule of law. (4) Taiwan’s democracy, free market economy, and cultural, industrial, and scientific achievements have made it a model for the world as it contributes greatly to the peace, prosperity, and well-being of the United States and all other countries that trade and cooperate with Taiwan despite the constraints on trade and cooperation resulting from the threats and intimidation by the Communist Party of China against countries that seek relations with Taiwan. (5) Section 2(b) of the Taiwan Relations Act ( 22 U.S.C. 3301(b) (A) to declare that peace and stability in the area are in the political, security, and economic interests of the United States, and are matters of international concern (B) to make clear that the United States decision to establish diplomatic relations with the People's Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means (C) to consider any effort to determine the future of Taiwan by other than peaceful means, including by boycotts or embargoes, a threat to the peace and security of the Western Pacific area and of grave concern to the United States (D) to maintain the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan (6) The Chinese Communist Party, especially under the leadership of General Secretary Xi Jinping, threatens Taiwan in terms of national security, trade, and its relationships with countries and international organizations. (7) Such threats are designed to intimidate Taiwan into submission to Communist Party rule and to cause other countries and international organizations to shun Taiwan and cut off relations with it. (8) General Secretary Xi and the Communist Party have made clear their intention to take Taiwan by force if they so choose, and they demonstrate that intention with increased provocative and dangerous actions threatening the peace against Taiwan in the Taiwan Straits. (9) Supporting Taiwan’s defense against such increasingly imminent threats is a vital interest of the United States for the sake of the national security of the United States and allies of the United States in the region, and the preservation of democracy, free market economics, and the rules and norms of the international order. (10) The peace and stability of the entire Pacific region and the countries in that region require that Taiwan not be subjected to the rule of the Communist Party of China. (11) The credibility of the avowal of the United States to defend the principles of the United States and the principles the international order is built upon require a policy that can and will deter and thwart any attempt by the Communist Party of China to dominate Taiwan by coercion. 3. Statement of policy It is the policy of the United States to sever all financial transactions between the United States and the People's Republic of China, including any and all public or private entities in the People's Republic of China, if the Government of the People's Republic of China or any forces subject to the control of that Government— (1) engage in armed aggression against Taiwan; (2) invade the territory of Taiwan, including the mainland of Taiwan and any territories under its control, without regard to whether those territories are inhabited or not; (3) blockade by sea or air the mainland of Taiwan or territories under its control; or (4) attempt to change the status of Taiwan or its government by force or coercive actions. 4. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Finance of the Senate; and (B) the Committee on Financial Services and the Committee on Ways and Means of the House of Representatives. (2) Chinese military company The term Chinese military company Public Law 116–283 10 U.S.C. 113 (3) Chinese person The term Chinese person (A) an individual who is a citizen or national of the People's Republic of China; or (B) an entity organized under the laws of the People's Republic of China or otherwise subject to the jurisdiction of the Government of the People's Republic of China. (4) Financial institution The term financial institution (5) Foreign financial institution The term foreign financial institution (6) Issuer; security The terms issuer security 15 U.S.C. 78c (7) National securities exchange The term national securities exchange 15 U.S.C. 78f (8) Triggering event The term triggering event (A) Engaging in armed aggression against Taiwan. (B) Invading the territory of Taiwan, including the mainland of Taiwan and any territories under its control, without regard to whether those territories are inhabited or not. (C) Blockading by sea or air the mainland of Taiwan or territories under its control. (D) Attempting to change the status of Taiwan or its government by force or coercive actions. (9) United states person The term United States person (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. 5. Imposition of sanctions with respect to Chinese persons responsible for aggression against Taiwan (a) Initial imposition of sanctions On and after the date that is 30 days after a triggering event, the President shall impose the sanctions described in subsection (b) with respect to any Chinese person, including any senior official of the Government of the People's Republic of China, that the President determines participates in a triggering event. (b) Sanctions described The sanctions to be imposed with respect to a person described in subsection (a) are the following: (1) Blocking of property (A) In general The President shall exercise all of the powers granted by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (B) Inapplicability of national emergency requirement The requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 (2) Ineligibility for visas, admission, or parole (A) Visas, admission, or parole In the case of an alien, the alien shall be— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (B) Current visas revoked (i) In general An alien described in subparagraph (A) shall be subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (ii) Immediate effect A revocation under clause (i) shall— (I) take effect immediately; and (II) cancel any other valid visa or entry documentation that is in the alien’s possession. (3) Exclusion of corporate officers The President shall direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the person. (4) Export sanction The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to the person under— (A) the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. (B) any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services. (5) Inclusion on entity list The President shall include the entity on the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations, for activities contrary to the national security or foreign policy interests of the United States. (6) Ban on investment in equity or debt of sanctioned person The President shall, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing equity or debt instruments of the person. (7) Banking transactions The President shall, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the person. (8) Correspondent and payable-through accounts In the case of a foreign financial institution, the President may prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by the foreign financial institution. (c) Exceptions (1) Exception for intelligence, law enforcement, and national security activities Sanctions under this section shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States. (2) Compliance with united nations headquarters agreement Paragraphs (2) and (3) of subsection (b) shall not apply with respect to the admission of an alien to the United States if such admission is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success, June 26, 1947, and entered into force, November 21, 1947, between the United Nations and the United States. (d) Definitions In this section: (1) Account; correspondent account; payable-through account The terms account correspondent account payable-through account (2) Admission; admitted; alien The terms admission admitted alien 8 U.S.C. 1101 6. Prohibition on listing of Chinese entities on United States securities exchanges (a) In general The Securities and Exchange Commission shall prohibit the securities of an issuer described in subsection (b) from being traded on a national securities exchange on or after the date that is 60 days after a triggering event. (b) Issuers described An issuer described in this subsection is an issuer that is— (1) a Chinese person; (2) owned or controlled by a Chinese person; or (3) a successor entity to a person described in paragraph (1) or (2). 7. Prohibition on transactions in securities of Chinese military companies (a) In general Beginning on the date that is 60 days after a triggering event, any transaction by any United States person or within the United States in any security of an issuer described in subsection (b), or any instrument that is derivative of or designed to provide investment exposure to any such security, is prohibited. (b) Issuers described An issuer described in this subsection (b) is an issuer that is— (1) a Chinese military company; (2) owned or controlled by a Chinese military company; or (3) a successor entity to a Chinese military company. 8. Prohibition on transactions with certain Chinese software companies (a) In general Beginning on the date that is 30 days after a triggering event, any transaction by a United States person or within the United States with any person described in subsection (b) is prohibited. (b) Persons described A person described in this subsection is a person that— (1) the Secretary of Commerce determines develops or controls a software application described in subsection (c); or (2) is owned or controlled by a person described in paragraph (1). (c) Software applications specified A software application described in this subsection is any of the following: (1) Alipay. (2) CamScanner. (3) QQ Wallet. (4) SHAREit. (5) Tencent QQ. (6) VMate. (7) WeChat Pay. (8) WPS Office. (9) Any other connected software application— (A) providing digital e-wallet platforms or digital financial messaging systems; (B) developed or operated by a Chinese person; and (C) determined by the Secretary of Commerce to pose an unacceptable risk to the national security, foreign policy, or economy of the United States. (d) Connected software application defined In this section, the term connected software application (1) to be used by an end user on an end-point computing device and to collect, process, or transmit data via the internet as an integral part of its functionality; or (2) to facilitate international financial transactions, digital e-wallet services, digital currency transactions, mobile payments, or international financial messaging services. 9. Imposition of sanctions with respect to international financial messaging systems If, on or after the date that is 60 days after the triggering action, a global financial communications services provider has not terminated the provision of financial communications services to, and the enabling and facilitation of access to such services for, the Central Bank of China and any foreign financial institution subject to sanctions under this Act, the President shall impose sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. 10. Prohibition on transactions relating to digital currency issued by the People's Republic of China Any transaction by a United States person or within the United States related to, providing financing for, and otherwise dealing in, any digital currency, digital coin, or digital token, that was issued by, for, or on behalf of the Government of the People's Republic of China on or after the date that is 30 days after a triggering event, is prohibited. 11. Implementation; penalties (a) Implementation The President shall exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act. (b) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this Act or any regulation, license, or order issued to carry out this Act 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 12. Exception relating to importation of goods (a) In general The authority or a requirement to impose sanctions or a prohibition under this Act shall not include the authority or a requirement to impose sanctions or a prohibition on the importation of goods. (b) Good defined In this section, the term good

Deterring Communist Chinese Aggression against Taiwan through Financial Sanctions Act of 2023

Combating Human Rights Abuses Act of 2023 This bill requires the Department of Commerce to offer guidance on human rights issues to U.S. businesses, including businesses considering transactions with entities subject to the influence of countries where significant human rights abuses have occurred. Such guidance must address issues such as (1) the human rights abuses perpetuated by China's government, (2) risk factors that may be used to identify entities subject to the influence of governments implicated in human rights abuses, and (3) ways to avoid doing business with such entities. Commerce must also provide training related to human rights issues to Commerce employees who provide counseling services to businesses.

118 S484 ES: Combating Human Rights Abuses 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. 484 IN THE SENATE OF THE UNITED STATES AN ACT To require the Secretary of Commerce to provide training and guidance relating to human rights abuses, including such abuses perpetrated against the Uyghur population by the Government of the People's Republic of China, and for other purposes. 1. Short title This Act may be cited as the Combating Human Rights Abuses Act of 2023 2. Training for employees of the Department of Commerce relating to awareness of human rights abuses (a) In general The Secretary of Commerce shall provide training described in subsection (b) to such employees of the Department of Commerce who provide counseling services to businesses engaged in interstate commerce or foreign direct investment as the Secretary considers appropriate. (b) Contents of training The training required under subsection (a) shall be— (1) designed to raise awareness about emerging trends and issues with respect to human rights abuses perpetrated by the Government of the People’s Republic of China, including the use of forced labor, against Uyghurs and other ethnic minority populations in the Xinjiang Uyghur Autonomous Region; and (2) incorporated to the greatest extent possible into existing training provided by the Department of Commerce. (c) Timing The training required under subsection (a) shall be offered and updated at such times as the Secretary considers appropriate. 3. Guidance for United States businesses relating to awareness of human rights abuses (a) In general The Secretary of Commerce shall— (1) offer guidance for United States businesses engaged in interstate commerce or foreign direct investment, including such businesses that are, or are considering, conducting transactions with entities subject to the control or influence of jurisdictions where significant human rights abuses have occurred, such as the People’s Republic of China; and (2) incorporate the guidance required under paragraph (1) into any counseling services that the Department of Commerce provides to such businesses as the Secretary considers appropriate. (b) Contents of guidance The guidance required under subsection (a) shall— (1) provide information about emerging trends and issues involving human rights abuses perpetrated by the Government of the People’s Republic of China, consisting of the use of forced labor against Uyghurs and other ethnic minority populations in the Xinjiang Uyghur Autonomous Region, including information about— (A) risk factors that may be used to identify entities subject to the influence or control of jurisdictions such as the People’s Republic of China that may be implicated in human rights abuses; (B) ways to avoid doing business with entities described in subparagraph (A); and (C) potential reputational, economic, legal, and other risks of conducting transactions with an entity described in subparagraph (A); and (2) make clear that the guidance is for advisory purposes only. Passed the Senate December 19, 2023. Secretary

Combating Human Rights Abuses Act of 2023

Hazard and Flooding Mitigation Funding Assurance Act This bill makes changes to eligibility under the hazard mitigation grant program of the Federal Emergency Management Agency (FEMA) to include mitigating and preventing post-wildfire flooding and debris flow. Specifically, the bill requires the federal share of hazard mitigation assistance for mitigating and preventing post-wildfire flooding and debris flow to be not less than 75% of the cost and permits the President to contribute 100% of the cost (currently, the President may contribute up to 75% of the cost).

118 S485 IS: Hazard and Flooding Mitigation Funding Assurance Act U.S. Senate 2023-02-16 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. 485 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Padilla Mr. Sullivan Committee on Homeland Security and Governmental Affairs A BILL To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to provide hazard mitigation assistance for mitigating and preventing post-wildfire flooding and debris flow, and for other purposes. 1. Short title This Act may be cited as the Hazard and Flooding Mitigation Funding Assurance Act 2. Amendments to improve hazard mitigation assistance (a) In general Section 404 of the Robert T. Stafford Disaster Relief And Emergency Assistance Act ( 42 U.S.C. 5170c (1) in subsection (a), by striking The President may contribute up to 75 percent of the cost The President shall contribute not less than 75 percent of the cost and may contribute not more than 100 percent of the cost (2) in subsection (f)— (A) in paragraph (13), by striking and (B) in paragraph (14), by striking the period at the end and inserting ; and (C) by adding at the end the following: (15) mitigating post-wildfire flooding and debris flow from burn scars. . (b) Application The amendments made by subsection (a) shall apply with respect to assistance provided under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c

Hazard and Flooding Mitigation Funding Assurance Act

American Shores Protection Act of 2023 This bill extends a moratorium on oil and gas drilling in the Gulf of Mexico through June 30, 2032, and expands the moratorium to include the South Atlantic Planning Area and the Straits of Florida Planning Area.

109 S49 IS: American Shores Protection 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. 49 IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Rubio Mr. Scott of Florida Committee on Energy and Natural Resources A BILL To amend the Gulf of Mexico Energy Security Act of 2006 to extend the moratorium on drilling off the coasts of the States of Florida, Georgia, and South Carolina, and for other purposes. 1. Short title This Act may be cited as the American Shores Protection Act of 2023 2. Moratorium on oil and gas leasing off the coasts of the States of Florida, Georgia, and South Carolina Section 104 of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 Public Law 109–432 (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking June 30, 2022 June 30, 2032 (B) in paragraph (2), by striking or (C) in paragraph (3)(B)(iii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (4) any area in the South Atlantic Planning Area (as designated by the Bureau of Ocean Energy Management as of the date of enactment of this paragraph); or (5) any area in the Straits of Florida Planning Area (as designated by the Bureau of Ocean Energy Management as of the date of enactment of this paragraph). ; and (2) by adding at the end the following: (d) Effect on certain leases The moratoria under paragraphs (4) and (5) of subsection (a) shall not affect valid existing leases in effect on the date of enactment of this subsection. (e) Environmental exceptions Notwithstanding subsection (a), the Secretary may issue leases in areas described in that subsection for environmental conservation purposes, including the purposes of shore protection, beach nourishment and restoration, wetlands restoration, and habitat protection. .

American Shores Protection Act of 2023

Conscience Objections to Negligent State COVID-19 Inoculation Edicts Need Constitutional Enforcement Act of 2023 or the CONSCIENCE Act of 2023 This bill generally prohibits state and local governmental COVID-19 vaccine mandates that do not provide religious exemptions. Specifically, the bill prohibits state and local governments from establishing COVID-19 vaccine mandates that (1) place a substantial burden on the religious exercise of an individual or entity; (2) do not treat a religious exercise or condition the same as a nonreligious exercise or condition; or (3) exclude or unreasonably limit religious exemptions. An individual's refusal to receive a COVID-19 vaccine, or an entity's refusal to institute COVID-19 vaccine requirements, on the basis of a sincerely held religious belief is considered to be religious exercise. The bill establishes a private right of action and authorizes the federal government to bring civil actions for violations. The bill applies to any mandates adopted before, on, or after the bill's date of enactment.

118 S492 IS: Conscience Objections to Negligent State COVID–19 Inoculation Edicts Need Constitutional Enforcement Act of 2023 U.S. Senate 2023-02-16 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. 492 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Rubio Mr. Lee Committee on the Judiciary A BILL To prohibit the imposition of certain substantial burdens, relating to COVID–19 vaccine mandates, on religious exercise, and for other purposes. 1. Short title This Act may be cited as the Conscience Objections to Negligent State COVID–19 Inoculation Edicts Need Constitutional Enforcement Act of 2023 CONSCIENCE Act of 2023 2. Findings and purpose (a) Findings Congress finds the following: (1) In response to the COVID–19 pandemic, State and local governments and private sector entities have implemented unprecedented public health requirements, including requirements that their employees, customers, and other persons receive a COVID–19 vaccine (referred to in this section as COVID–19 vaccine mandates (2) Many COVID–19 vaccine mandates, due to their unprecedented magnitude and scope of application, and the unprecedented haste of and inattention to the religious exercise of persons subject to the mandates by the organizations implementing them, do not adequately protect the religious freedom of the persons subject to them. (3) As a result, millions of Americans have objected to COVID–19 vaccine mandates—more than for any other medical requirement for employment or for use of a public accommodation in recent history—often at great personal cost, on the basis that receiving a COVID–19 vaccine would violate their sincerely held religious beliefs. (4) COVID–19 vaccine mandates commonly threaten the rights of employees and other persons to religious exercise by requiring persons subject to the mandates to— (A) receive a COVID–19 vaccine (with respect to private entities, often under the color of law), in violation of their sincerely held religious beliefs; or (B) otherwise face substantial burdens such as the loss of employment, pay, or status within employment, the subjection to punitive personal public health measures, or any other loss caused by a failure to accommodate religious exercise. (5) With respect to COVID–19 vaccine mandates implemented by the States and the District of Columbia, the rights of persons under the First Amendment to the Constitution of the United States who are subject to such requirements have been violated in the following ways: (A) COVID–19 vaccine mandates for State employees in the States of New York, Maine, and Rhode Island have allowed for medical exemptions from the COVID–19 vaccine, but have not allowed for religious exemptions. (B) The Governor of New York has stated that— (i) New York intentionally excluded religious exemptions from the COVID–19 vaccination mandate; and (ii) the Governor was unaware of any organized religion listening to God and what God wants; (C) New York has allowed COVID–19 vaccinated workers with symptomatic, active COVID–19 infections to continue working in hospitals, but has not allowed religious objectors who do not have COVID–19 to work in hospitals. (D) Maine removed the allowance for religious exemptions for health care workers, effective September 1, 2021, in a law requiring all health care workers to receive the COVID–19 vaccine and influenza vaccine. (E) Rhode Island omitted religious exemptions to COVID–19 vaccines. (F) In Rhode Island, health care workers have been required to receive the COVID–19 vaccine, and health care facilities are required to deny entry to health care workers or providers who are not fully vaccinated. (6) With respect to COVID–19 vaccine mandates implemented by private sector entities, United Airlines instituted an absolute (7) COVID–19 vaccine mandates that do not accommodate religious exercise have resulted in labor shortages that affect interstate and foreign commerce. (8) According to a report by the Committee on Small Business and Entrepreneurship of the Senate, the Federal COVID–19 vaccine requirement put an estimated 44,900,000 Americans at risk of losing their jobs owing to their refusal to receive a COVID–19 vaccine. A substantial number of those refusals may be attributed to religious objections, as according to a survey by the Public Religion Research Institute, 10 percent of Americans believe that receiving a COVID–19 vaccine would conflict with their religious beliefs. (9) In Doe v. Mills, 142 S. Ct. 17 (2021) and Dr. A. v. Hochul, 142 S. Ct. 552 (2021), the Supreme Court denied the requests of employees requesting religious exemptions to COVID–19 vaccine mandates, causing those employees to face irreparable harm. (10) The Free Exercise Clause of the First Amendment to the Constitution protects rights of individuals to live out their religious beliefs publicly through religious exercise. (11) Congress has the power to enforce the right to free exercise of religion, through remedial measures under section 5 of the 14th Amendment to the Constitution. (12) Laws that protect the free exercise of religious beliefs are consistent with the founding principles of the United States and protections under the First Amendment to the Constitution. (13) Congress has the power to regulate interstate and foreign commerce under the Commerce Clause of section 8 of article I of the Constitution. (b) Purpose The purpose of this Act is to preempt laws and disallow practices that discriminate against persons due to their religious exercise. 3. Definitions In this Act: (1) Covered person The term covered person (2) COVID–19 vaccine mandate The term COVID–19 vaccine mandate (3) Demonstrates The term demonstrates (4) Free exercise clause The term Free Exercise Clause (5) Government The term government (A) means— (i) a State, county, municipality, or other governmental entity created under the authority of a State; (ii) any branch, department, agency, instrumentality, or official of an entity listed in clause (i); and (iii) any other person acting under color of State law; and (B) for the purpose of sections 5(b) and 6, includes— (i) the United States; (ii) any branch, department, agency, instrumentality, or official of the United States; and (iii) any other person acting under color of Federal law. (6) Program or activity The term program or activity 42 U.S.C. 2000d–4a (7) Religious exercise (A) In general The term religious exercise (B) Rule (i) Person In the case of a person, refusing to receive a COVID–19 vaccine on the basis of a sincerely held religious belief shall be considered to be religious exercise of the person. (ii) Entity In the case of an entity, refusing on the basis of a sincerely held religious belief to require that any employee, customer, or other person affiliated with the entity receive a COVID–19 vaccine mandate shall be considered to be religious exercise of the entity. 4. Protection of religious liberty and exercise by exemptions for the COVID–19 vaccine (a) Substantial Burdens (1) General rule No government shall impose or implement a COVID–19 vaccine mandate in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person’s, assembly’s, or institution’s religious exercise— (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling governmental interest. (2) Scope of application This subsection and subsection (b) apply in any case in which— (A) the substantial burden is imposed by State law, even if the burden results from a rule of general applicability; (B) the substantial burden is imposed in a program or activity that receives Federal financial assistance, even if the burden results from a rule of general applicability; (C) the substantial burden is imposed by an entity that operates a workplace and that is party to or conducts work in connection with a contract or contract-like instrument with any government, even if the burden results from a rule of general applicability; (D) the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian Tribes, even if the burden results from a rule of general applicability; or (E) the substantial burden is imposed in the implementation of a COVID–19 vaccine mandate, under which the government makes, or has in place formal or informal procedures or practices that permit the government to make, individualized assessments of COVID–19 vaccine exemptions, even if the burden results from a rule of general applicability. (b) Discrimination and exclusion (1) Equal terms No government shall impose or implement a COVID–19 vaccine mandate in a manner that treats a religious exercise (including a condition) on less than equal terms with a nonreligious exercise (including a condition). (2) Nondiscrimination No government shall impose or implement a COVID–19 vaccine mandate that imposes a substantial burden on any person for an exercise on the basis of religion, including a religious denomination. (3) Exclusions and limits No government shall impose or implement a COVID–19 vaccine mandate that— (A) totally excludes religious exemptions; or (B) unreasonably limits religious exemptions. 5. Judicial relief (a) Cause of action A covered person may assert an actual or threatened violation of this Act by a government as a claim or defense in a judicial or administrative proceeding and obtain compensatory damages, injunctive relief, declaratory relief, or any other appropriate relief against the government involved. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution. (b) Burden of persuasion If a covered person produces prima facie evidence to support a claim alleging a violation of the Free Exercise Clause or a violation of section 4, the government shall bear the burden of persuasion on any element of the claim, except that the covered person shall bear the burden of persuasion on whether the law (including a regulation) or government practice that is challenged by the claim substantially burdens the covered person’s exercise of religion. (c) Administrative remedies not required Notwithstanding any other provision of law, an action under this section may be commenced, and relief may be granted, in a district court of the United States without regard to whether the covered person commencing the action has sought or exhausted available administrative remedies. (d) Full faith and credit Adjudication of a claim of a violation of section 4 in a non-Federal forum shall not be entitled to full faith and credit in a Federal court unless the claimant had a full and fair adjudication of that claim in the non-Federal forum. (e) Attorneys’ fees Section 722(b) of the Revised Statutes ( 42 U.S.C. 1988(b) the CONSCIENCE Act of 2023, the Religious Land Use and Institutionalized Persons Act of 2000, (f) Authority of United States To enforce this Act The United States may bring an action for injunctive or declaratory relief to enforce compliance with this Act. Nothing in this subsection shall be construed to deny, impair, or otherwise affect any right or authority of the Attorney General, the United States, or any agency, officer, or employee of the United States, acting under any law other than this subsection, to institute or intervene in any proceeding. 6. Rules of construction (a) Religious belief unaffected Nothing in this Act shall be construed to authorize any government to burden any religious belief. (b) Religious exercise not regulated Nothing in this Act shall create any basis— (1) for restricting or burdening religious exercise; or (2) for claims against a religious organization, including any religiously affiliated school or institution of higher education, not acting under color of law. (c) Claims to funding unaffected Nothing in this Act shall create or preclude a right of any religious organization to receive funding or other assistance from a government, or of any person to receive government funding for a religious activity, but this Act may require a government to incur expenses in its own operations to avoid imposing a substantial burden on religious exercise. (d) Governmental discretion in alleviating burdens on religious exercise A government may avoid the preemptive force of any provision of this Act by changing the policy or practice that results in a substantial burden on religious exercise, by retaining the policy or practice and exempting the substantially burdened religious exercise, by providing exemptions from the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden. (e) Effect on other law With respect to a claim brought under this Act, proof that a substantial burden on a person’s religious exercise affects, or removal of that burden would affect, commerce with foreign nations, among the several States, or with Indian Tribes, shall not establish any inference or presumption that any religious exercise is, or is not, subject to any law other than this Act. (f) Broad construction This Act shall be construed in favor of a broad protection of religious exercise, to the maximum extent permitted by the terms of this Act and the Constitution. (g) No preemption or repeal Nothing in this Act shall be construed to preempt State law, or repeal Federal law, that is equally as protective of religious exercise as, or more protective of religious exercise than, this Act. (h) Severability If any provision of this Act or an amendment made by this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provision to any other person or circumstance shall not be affected. 7. Establishment clause unaffected Nothing in this Act shall be construed to affect, interpret, or in any way address that portion of the First Amendment to the Constitution prohibiting laws respecting an establishment of religion (referred to in this section as the Establishment Clause granting 8. Applicability This Act applies to any COVID–19 vaccine mandate, whether adopted before, on, or after the date of enactment of this Act.

Conscience Objections to Negligent State COVID–19 Inoculation Edicts Need Constitutional Enforcement Act of 2023

Securing the Visa Waiver Program Act of 2023 This bill imposes additional requirements on countries that are part of the Visa Waiver Program, which allows citizens or nationals of such countries to travel to the United States without a visa. Specifically, a country that is part of the program must (1) share information with the United States about any of its citizens or nationals who are known or suspected to be involved with terrorism, and (2) establish frameworks for enhanced law enforcement cooperation with the United States. The Department of Homeland Security must terminate a country from the program if it fails to comply with these requirements.

118 S493 IS: Securing the Visa Waiver Program Act of 2023 U.S. Senate 2023-02-16 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. 493 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Rubio Mr. Cruz Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to require Visa Waiver Program countries to share watch list information about known or suspected terrorists and to fully cooperate with United States law enforcement entities in preventing and combating serious crime. 1. Short title This Act may be cited as the Securing the Visa Waiver Program Act of 2023 2. Visa Waiver Program information sharing agreements (a) In general Section 217(c)(2)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(2)(F) (F) Information sharing agreements (i) Security threats The government of the country enters into an agreement with the United States to share information regarding whether citizens and nationals of that country traveling to the United States represent a threat to the security or welfare of the United States or its citizens, and fully implements such agreement. (ii) Terrorist watch lists The government of the country enters into an agreement with the United States to share thorough, accurate, and current information about citizens and nationals of that country who are known or appropriately suspected to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, and fully implements such agreement. (iii) Enhancing cooperation in preventing and combating serious crime The government of the country enters into an agreement with the United States to establish frameworks for enhanced law enforcement cooperation, including the exchange of biometric and biographic data relating to citizens and nationals of that country who have engaged in, or are appropriately suspected of engaging in, an aggravated felony, and sharing any relevant underlying information for law enforcement purposes, and fully implements such agreement. . (b) Effect of failure To comply with information sharing agreements Section 217(c) of the Immigration and Nationality Act, as amended by subsection (a), is further amended by adding at the end the following: (13) Effect of failure to comply with information sharing agreements (A) In general The Secretary of Homeland Security shall immediately terminate the designation of a country as a program country if such country fails to comply with the requirements under subparagraph (D) or (F) of paragraph (2) within— (i) the 3-month period beginning on the date of the enactment of this paragraph, if such country was a program country on such date of enactment; or (ii) the 6-month period beginning on the date on which such country became a program country. (B) Eligibility to rejoin A program country whose participation in the program is terminated pursuant to subparagraph (A) may be permitted to rejoin the program by producing evidence that the country has come into compliance and continuously complied with subparagraphs (D) and (F) of paragraph (2) for a period, as determined by the Secretary of Homeland Security, that is at least as long as the longer of— (i) the period during which the country was out of compliance with such subparagraphs; or (ii) the most recent 3-month period. .

Securing the Visa Waiver Program Act of 2023

Military Family Nutrition Access Act of 2023 This bill excludes military housing allowances from income when determining eligibility for the Supplemental Nutrition Assistance Program (SNAP).

118 S497 IS: Military Family Nutrition Access Act of 2023 U.S. Senate 2023-02-16 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. 497 IN THE SENATE OF THE UNITED STATES February 16, 2023 Ms. Duckworth Ms. Murkowski Mr. King Mr. Blumenthal Mrs. Gillibrand Mr. Warnock Mr. Bennet Mr. Welch Ms. Baldwin Ms. Klobuchar Mr. Durbin Mr. Booker Mr. Fetterman Mr. Tester Mrs. Murray Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food and Nutrition Act of 2008 to exclude a basic allowance for housing from income for purposes of eligibility for the supplemental nutrition assistance program. 1. Short title This Act may be cited as the Military Family Nutrition Access Act of 2023 2. Exclusion of basic allowance for housing from income Section 5(d) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(d) (1) in paragraph (18), by striking and (2) in paragraph (19)(B), by striking the period at the end and inserting ; and (3) by adding at the end the following: (20) a basic allowance for housing paid to a member of a uniformed service under section 403 of title 37, United States Code. .

Military Family Nutrition Access Act of 2023

Debbie Smith Act of 2023 This bill reauthorizes through FY2029 the Debbie Smith DNA Backlog Grant Program. The program provides grants to state and local governments to improve and expand the collection and analysis of DNA evidence, including evidence in sexual assault kits.

118 S499 ES: Debbie Smith 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. 499 IN THE SENATE OF THE UNITED STATES AN ACT To amend the DNA Analysis Backlog Elimination Act of 2000 to reauthorize the Debbie Smith DNA Backlog Grant Program, and for other purposes. 1. Short title This Act may be cited as the Debbie Smith Act of 2023 2. Reauthorization Section 2(j) of the DNA Analysis Backlog Elimination Act of 2000 ( 34 U.S.C. 40701(j) through 2024 through 2029 3. Audits to protect integrity of grant awards Section 2(c)(4) of the DNA Analysis Backlog Elimination Act of 2000 ( 34 U.S.C. 40701(c)(4) 2022 2029 Passed the Senate November 2, 2023. Secretary

Debbie Smith Act of 2023

Pensacola and Perdido Bays Estuary of National Significance Act of 2024 This bill revises the National Estuary Program to require the Environmental Protection Agency (EPA) to give priority consideration to selecting the Pensacola and Perdido Bays in Florida as estuaries of national significance. Under the existing program, the EPA protects and restores the water quality and ecological integrity of estuaries of national significance. The EPA may not use any amounts appropriated to carry out the national estuary program for the Pensacola and Perdido Bays (1) in FY2024, nor (2) in FY2025 unless the total amount appropriated to carry out the program for FY2025 is at least $850,000 more than the total amount appropriated to carry out that program for FY2023.

118 S50 IS: Pensacola and Perdido Bays Estuary of National Significance 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. 50 IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Rubio Mr. Scott of Florida Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency to give priority consideration to selecting Pensacola and Perdido Bays as an estuary of national significance, and for other purposes. 1. Short title This Act may be cited as the Pensacola and Perdido Bays Estuary of National Significance Act of 2023 2. Pensacola and Perdido Bays Section 320(a)(2)(B) of the Federal Water Pollution Control Act ( 33 U.S.C. 1330(a)(2)(B) and Lower Columbia River, Oregon and Washington Lower Columbia River, Oregon and Washington; and Pensacola and Perdido Bays, Florida and Alabama

Pensacola and Perdido Bays Estuary of National Significance Act of 2023

Eliminating Leftover Expenses for Campaigns from Taxpayers (ELECT) Act of 2023 This bill terminates (1) the taxpayer election to designate $3 of income tax liability for financing of presidential election campaigns, (2) the Presidential Election Campaign Fund, and (3) the Presidential Primary Matching Payment Account. The Department of the Treasury must transfer funds remaining in the Presidential Election Campaign Fund to the treasury for the sole purpose of reducing the deficit.

118 S500 IS: Eliminating Leftover Expenses for Campaigns from Taxpayers (ELECT) Act of 2023 U.S. Senate 2023-02-16 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. 500 IN THE SENATE OF THE UNITED STATES February 16, 2023 Ms. Ernst Committee on Finance A BILL To reduce Federal spending and the deficit by terminating taxpayer financing of Presidential election campaigns. 1. Short title This Act may be cited as the Eliminating Leftover Expenses for Campaigns from Taxpayers (ELECT) Act of 2023 2. Termination of taxpayer financing of Presidential election campaigns (a) Termination of designation of income tax payments Section 6096 (d) Termination This section shall not apply to taxable years beginning after December 31, 2022. . (b) Termination of fund and account (1) Termination of Presidential election campaign fund (A) In general Chapter 95 of subtitle H of such Code is amended by adding at the end the following new section: 9013. Termination The provisions of this chapter shall not apply with respect to any Presidential election (or any Presidential nominating convention) after the date of the enactment of this section, or to any candidate in such an election. . (B) Transfer of remaining funds Section 9006 of such Code is amended by adding at the end the following new subsection: (d) Transfer of funds remaining after termination The Secretary shall transfer the amounts in the fund as of the date of the enactment of this subsection to the general fund of the Treasury, to be used only for reducing the deficit. . (2) Termination of account Chapter 96 of subtitle H of such Code is amended by adding at the end the following new section: 9043. Termination The provisions of this chapter shall not apply to any candidate with respect to any Presidential election after the date of the enactment of this section. . (c) Clerical amendments (1) The table of sections for chapter 95 of subtitle H of such Code is amended by adding at the end the following new item: Sec. 9013. Termination. . (2) The table of sections for chapter 96 of subtitle H of such Code is amended by adding at the end the following new item: Sec. 9043. Termination. .

Eliminating Leftover Expenses for Campaigns from Taxpayers (ELECT) Act of 2023

Presidential Allowance Modernization Act of 2023 This bill replaces provisions governing the compensation provided to a former President. Each former President shall receive from the United States (1) an annuity of $200,000 per year for the remainder of his or her life, and (2) a monetary allowance of $200,000 per year. Such allowance shall be reduced by the amount the former President's earned income exceeds $400,000. These monetary amounts are subject to a cost-of-living increase. The bill increases and provides for cost-of-living adjustments to the monetary allowance for surviving spouses of former Presidents.

118 S501 IS: Presidential Allowance Modernization Act of 2023 U.S. Senate 2023-02-16 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. 501 IN THE SENATE OF THE UNITED STATES February 16, 2023 Ms. Ernst Ms. Hassan Committee on Homeland Security and Governmental Affairs A BILL To amend the Act of August 25, 1958, commonly known as the Former Presidents Act of 1958 1. Short title This Act may be cited as the Presidential Allowance Modernization Act of 2023 2. Amendments (a) Former Presidents The first section of the Act entitled An Act to provide retirement, clerical assistants, and free mailing privileges to former Presidents of the United States, and for other purposes Former Presidents Act of 1958 3 U.S.C. 102 (a) Annuities and allowances (1) Annuity Each former President shall be entitled for the remainder of his or her life to receive from the United States an annuity at the rate of $200,000 per year, subject to subsections (b)(2) and (c), to be paid by the Secretary of the Treasury. (2) Allowance The Administrator of General Services is authorized to provide each former President a monetary allowance at the rate of $200,000 per year, subject to the availability of appropriations and subsections (b)(2), (c), and (d). (b) Duration; frequency (1) In general The annuity and allowance under subsection (a) shall each— (A) commence on the day after the date on which an individual becomes a former President; (B) terminate on the date on which the former President dies; and (C) be payable on a monthly basis. (2) Appointive or elective positions The annuity and allowance under subsection (a) shall not be payable for any period during which a former President holds an appointive or elective position in or under the Federal Government to which is attached a rate of pay other than a nominal rate. (c) Cost-of-Living increases Effective December 1 of each year, each annuity and allowance under subsection (a) that commenced before that date shall be increased by the same percentage by which benefit amounts under title II of the Social Security Act ( 42 U.S.C. 401 et seq. 42 U.S.C. 415(i) (d) Limitation on monetary allowance (1) In general Notwithstanding any other provision of this section, the monetary allowance payable under subsection (a)(2) to a former President for any 12-month period— (A) except as provided in subparagraph (B), may not exceed the amount by which— (i) the monetary allowance that (but for this subsection) would otherwise be so payable for such 12-month period, exceeds (if at all) (ii) the applicable reduction amount for such 12-month period; and (B) shall not be less than the amount determined under paragraph (4). (2) Definition (A) In general For purposes of paragraph (1), the term applicable reduction amount (i) the sum of— (I) the adjusted gross income (as defined in section 62 (II) any interest excluded from the gross income of the former President under section 103 of such Code for such taxable year, exceeds (if at all) (ii) $400,000, subject to subparagraph (C). (B) Joint returns In the case of a joint return, subclauses (I) and (II) of subparagraph (A)(i) shall be applied by taking into account both the amounts properly allocable to the former President and the amounts properly allocable to the spouse of the former President. (C) Cost-of-living increases The dollar amount specified in subparagraph (A)(ii) shall be adjusted at the same time that, and by the same percentage by which, the monetary allowance of the former President is increased under subsection (c) (disregarding this subsection). (3) Disclosure requirement (A) Definitions In this paragraph— (i) the terms return return information section 6103(b) (ii) the term Secretary (B) Requirement A former President may not receive a monetary allowance under subsection (a)(2) unless the former President discloses to the Secretary, upon the request of the Secretary, any return or return information of the former President or spouse of the former President that the Secretary determines is necessary for purposes of calculating the applicable reduction amount under paragraph (2) of this subsection. (C) Confidentiality Except as provided in section 6103 (i) disclose the return or return information to any entity or person; or (ii) use the return or return information for any purpose other than to calculate the applicable reduction amount under paragraph (2). (4) Increased costs due to security needs With respect to the monetary allowance that would be payable to a former President under subsection (a)(2) for any 12-month period but for the limitation under paragraph (1) of this subsection, the Administrator of General Services, in coordination with the Director of the United States Secret Service, shall determine the amount of the allowance that is needed to pay the increased cost of doing business that is attributable to the security needs of the former President. . (b) Surviving spouses of former Presidents (1) Increase in amount of monetary allowance Subsection (e) of the first section of the Former Presidents Act of 1958 is amended— (A) in the first sentence, by striking $20,000 per annum, $100,000 per year (subject to paragraph (4)), (B) in the second sentence— (i) in paragraph (2)(B), by striking and (ii) in paragraph (3)— (I) by striking or the government of the District of Columbia (II) by striking the period and inserting ; and (iii) by inserting after paragraph (3) the following: (4) shall, after its commencement date, be increased at the same time that, and by the same percentage by which, annuities of former Presidents are increased under subsection (c). . (2) Coverage of widower of a former President Subsection (e) of the first section of the Former Presidents Act of 1958, as amended by paragraph (1), is amended— (A) by striking widow widow or widower (B) by striking she she or he (c) Subsection headings The first section of the Former Presidents Act of 1958 is amended— (1) in subsection (e), by inserting after the subsection enumerator the following: Widows and widowers (2) in subsection (f), by inserting after the subsection enumerator the following: Definition (3) in subsection (g), by inserting after the subsection enumerator the following: Authorization of appropriations 3. Rule of construction Nothing in this Act or an amendment made by this Act shall be construed to affect— (1) any provision of law relating to the security or protection of a former President or a member of the family of a former President; or (2) funding, under the Former Presidents Act of 1958 or any other law, to carry out any provision of law described in paragraph (1). 4. Applicability This Act and the amendments made by this Act shall not apply to— (1) any individual who is a former President on the date of enactment of this Act; or (2) the widow or widower of an individual described in paragraph (1).

Presidential Allowance Modernization Act of 2023