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Immigration Parole Reform Act of 2023 This bill limits the authority of the Department of Homeland Security (DHS) to grant immigration parole (i.e., give official permission for an individual to enter and temporarily remain in the United States). Specifically, the bill (1) limits what qualifies as an urgent humanitarian reason or a significant public benefit that would justify granting parole, and (2) prohibits granting parole based on an individual's membership in a defined class of individuals. An urgent humanitarian reason is limited to specified medical emergencies and a significant public benefit is limited to assisting the U.S. government in a law enforcement matter. Individuals granted parole on the basis of an urgent humanitarian reason or a significant public benefit are not permitted to work while in the United States. Additionally, the bill provides statutory authority for DHS to grant parole to certain Cuban nationals and to certain family members of active-duty Armed Forces members.

118 S505 IS: Immigration Parole Reform 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. 505 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Grassley Mr. Cotton Mr. Cassidy Mr. Vance Mr. Lankford Mr. Tuberville Mrs. Britt Mr. Lee Ms. Ernst Committee on the Judiciary A BILL To amend section 212(d)(5) of the Immigration and Nationality Act to reform immigration parole, and for other purposes. 1. Short title This Act may be cited as the Immigration Parole Reform Act of 2023 2. Immigration parole reform Section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) (5) (A) Except as provided in subparagraphs (B) and (C) and section 214(f), the Secretary of Homeland Security, in the discretion of the Secretary, may temporarily parole into the United States any alien applying for admission to the United States who is not present in the United States, under such conditions as the Secretary may prescribe, on a case-by-case basis, and not according to eligibility criteria describing an entire class of potential parole recipients, for urgent humanitarian reasons or significant public benefit. Parole granted under this subparagraph may not be regarded as an admission of the alien. When the purposes of such parole have been served in the opinion of the Secretary, the alien shall immediately return or be returned to the custody from which the alien was paroled. After such return, the case of the alien shall be dealt with in the same manner as the case of any other applicant for admission to the United States. (B) The Secretary of Homeland Security may grant parole to any alien who— (i) is present in the United States without lawful immigration status; (ii) is the beneficiary of an approved petition under section 203(a); (iii) is not otherwise inadmissible or removable; and (iv) is the spouse or child of a member of the Armed Forces serving on active duty. (C) The Secretary of Homeland Security may grant parole to any alien— (i) who is a national of the Republic of Cuba and is living in the Republic of Cuba; (ii) who is the beneficiary of an approved petition under section 203(a); (iii) for whom an immigrant visa is not immediately available; (iv) who meets all eligibility requirements for an immigrant visa; (v) who is not otherwise inadmissible; and (vi) who is receiving a grant of parole in furtherance of the commitment of the United States to the minimum level of annual legal migration of Cuban nationals to the United States specified in the U.S.–Cuba Joint Communiqué on Migration, done at New York September 9, 1994, and reaffirmed in the Cuba-United States: Joint Statement on Normalization of Migration, Building on the Agreement of September 9, 1994, done at New York May 2, 1995. (D) For purposes of determining an alien's eligibility for parole under subparagraph (A), an urgent humanitarian reason shall be limited to circumstances in which the alien establishes that— (i) (I) the alien has a medical emergency; and (II) (aa) the alien cannot obtain necessary treatment in the foreign state in which the alien is residing; or (bb) 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 parent or legal guardian of an alien described in clause (i) and the alien described in clause (i) is a minor; (iii) the alien is needed in the United States in order to donate an organ or other tissue for transplant and there is insufficient time for the alien to be admitted through the normal visa process; (iv) the alien has a close 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 seeking to attend the funeral of a close family member and the alien could not arrive in the United States in time to attend such funeral if the alien were to be admitted through the normal visa process; (vi) the alien is an adopted child with an urgent medical condition who is in the legal custody of the petitioner for a final adoption-related visa and whose medical treatment is required before the expected award of a final adoption-related visa; or (vii) the alien is a lawful applicant for adjustment of status under section 245 and is returning to the United States after temporary travel abroad. (E) For purposes of determining an alien's eligibility for parole under subparagraph (A), a significant public benefit may be determined to result from the parole of an alien only if— (i) the alien has assisted (or will assist, whether knowingly or not) the United States Government in a law enforcement matter; (ii) the alien’s presence is required by the Government in furtherance of such law enforcement matter; and (iii) the alien is inadmissible, does not satisfy the eligibility requirements for admission as a nonimmigrant, or there is insufficient time for the alien to be admitted through the normal visa process. (F) For purposes of determining an alien's eligibility for parole under subparagraph (A), the term case-by-case basis case-by-case basis (G) The Secretary of Homeland Security may not use the parole authority under this paragraph to parole an alien into the United States for any reason or purpose other than those described in subparagraphs (B), (C), (D), and (E). (H) An alien granted parole may not accept employment, except that an alien granted parole pursuant to subparagraph (B) or (C) is authorized to accept employment for the duration of the parole, as evidenced by an employment authorization document issued by the Secretary of Homeland Security. (I) Parole granted after a departure from the United States shall not be regarded as an admission of the alien. An alien granted parole, whether as an initial grant of parole or parole upon reentry into the United States, is not eligible to adjust status to lawful permanent residence or for any other immigration benefit if the immigration status the alien had at the time of departure did not authorize the alien to adjust status or to be eligible for such benefit. (J) (i) Except as provided in clauses (ii) and (iii), parole shall be granted to an alien under this paragraph for the shorter of— (I) a period of sufficient length to accomplish the activity described in subparagraph (D) or (E) for which the alien was granted parole; or (II) 1 year. (ii) Grants of parole pursuant to subparagraph (A) may be extended once, in the discretion of the Secretary, for an additional period that is the shorter of— (I) the period that is necessary to accomplish the activity described in subparagraph (D) or (E) for which the alien was granted parole; or (II) 1 year. (iii) Aliens who have a pending application to adjust status to permanent residence under section 245 may request extensions of parole under this paragraph, in 1-year increments, until the application for adjustment has been adjudicated. Such parole shall terminate immediately upon the denial of such adjustment application. (K) Not later than 90 days after the last day of each fiscal year, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate Committee on the Judiciary of the House of Representatives (i) identifying the total number of aliens paroled into the United States under this paragraph during the previous fiscal year; and (ii) containing information and data regarding all aliens paroled during such fiscal year, including— (I) the duration of parole; (II) the type of parole; and (III) the current status of the aliens so paroled. . 3. Implementation (a) In general Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date that is 30 days after the date of the enactment of this Act. (b) Exceptions Notwithstanding subsection (a)— (1) any application for parole or advance parole filed by an alien before the date of the enactment of this Act shall be adjudicated under the law that was in effect on the date on which the application was properly filed and any approved advance parole shall remain valid under the law that was in effect on the date on which the advance parole was approved; (2) section 212(d)(5)(I) of the Immigration and Nationality Act, as added by section 2(b), shall take effect on the date of the enactment of this Act; and (3) aliens who were paroled into the United States pursuant to section 212(d)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5)(A) 4. Cause of action Any person, State, or local government that experiences financial harm in excess of $1,000 due to a failure of the Federal Government to lawfully apply the provisions of this Act or the amendments made by this Act shall have standing to bring a civil action against the Federal Government in an appropriate district court of the United States. 5. Severability If any provision of this Act or any amendment by this Act, or the application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of such provision or amendment to any other person or circumstance shall not be affected.

Immigration Parole Reform Act of 2023

Stop Reckless Student Loan Actions Act of 2023 This bill limits executive authority to (1) suspend or defer federal student loan payments or interest accrual on such loans, and (2) cancel federal student loans. Specifically, the bill prohibits the President or the Department of Education (ED) from suspending or deferring federal student loan payments or the accrual of interest on such loans for borrowers with annual household incomes over 400% of the federal poverty line. Further, ED may only suspend or defer federal student loan payments or the accrual of interest for such loans for a total of 90 days after the declaration of a national emergency by the President. ED must submit recommendations to Congress on relief necessary for recipients of student financial-aid assistance. Additionally, the bill prohibits the President or ED from cancelling the outstanding balances or portions of balances on student loans due to the COVID-19 national emergency or any other national emergency. Executive or regulatory action to suspend or defer federal student loan payments or to cancel federal student loans shall be subject to congressional review. The bill also revises the definition of affected individual for purposes of the Higher Education Relief Opportunities for Students (HEROES) Act of 2003 to exclude from relief under the act (1) an individual who resides or is employed in an area that is declared a disaster area in connection with a national emergency; or (2) an individual who suffered direct economic hardship as a direct result of a war, military operation, or national emergency.

118 S506 IS: Stop Reckless Student Loan Actions 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. 506 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Thune Mr. Cassidy Mr. Barrasso Mrs. Britt Mr. Cramer Ms. Ernst Mr. Grassley Mr. Marshall Mr. Scott of Florida Mr. Scott of South Carolina Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Relief Opportunities for Students Act of 2003 to strike the Secretary's unilateral authority during a national emergency, and for other purposes. 1. Short title This Act may be cited as the Stop Reckless Student Loan Actions Act of 2023 2. Findings Congress finds the following: (1) The Higher Education Relief Opportunities for Students Act of 2003 ( 20 U.S.C. 1098aa et seq. (2) The authority provided under the Higher Education Relief Opportunities for Students Act of 2003 has been abused by the executive branch during the COVID–19 national emergency regarding the payment of Federal student loans. (3) The unilateral payment pause on Federal student loans has cost more than $160,000,000,000. (4) The unilateral payment pause on Federal student loans has inflationary impacts. (5) The individuals benefitting the most from the payment pause continued by the executive branch are doctors, who receive 11 times the benefit of bachelor’s degree recipients and 16 times the benefit of associate’s degree recipients. 3. Amendments to the Higher Education Relief Opportunities for Students Act of 2003 Section 5(2) of the Higher Education Relief Opportunities for Students Act of 2003 ( 20 U.S.C. 1098ee (1) in the matter preceding subparagraph (A), by inserting (or the spouse or dependent of the parent, as that term is used in section 480 of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv an individual (2) in subparagraph (A), by inserting and (3) in subparagraph (B), by striking the semicolon and inserting a period; and (4) by striking subparagraphs (C) and (D). 4. Higher education relief opportunities for civilians in the case of a national emergency and limitations on covered loans (a) Temporary authority for higher education relief (1) In general Subject to the limitation provided in subsection (c), during the 90 day period after a declaration of a national emergency under section 201 of the National Emergencies Act ( 50 U.S.C. 1621 20 U.S.C. 1071 et seq. (2) Limitation The Secretary of Education may not use the temporary authority provided under paragraph (1) in consecutive 90 day periods. (b) Recommendations for higher education relief from the secretary of education In the case of a national emergency declared by the President under section 201 of the National Emergencies Act ( 50 U.S.C. 1621 20 U.S.C. 1070 et seq. (c) Limits on executive authority To suspend or defer federal student loan payments or interest (1) In general Notwithstanding any other provision of law, the President or the Secretary of Education may not suspend or defer Federal student loan payments on covered loans or the accrual of interest on covered loans of borrowers with annual household incomes over 400 percent of the poverty line (as determined under the poverty guidelines updated periodically in the Federal Register by the Department of Health and Human Services under the authority of section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) (2) Application of congressional review act In any case where the President or the Secretary of Education suspends or defers Federal student loan payments on covered loans or the accrual of interest on covered loans through any type of executive or regulatory action, the suspension or deferral shall be— (A) deemed to be a major rule for purposes of chapter 8 Congressional Review Act (B) subject to congressional disapproval in accordance with such chapter. (d) Limits on Executive Authority To Cancel Student Loans (1) In General Notwithstanding any other provisions of law, the President or the Secretary of Education may not cancel the outstanding balances, or a portion of the balances, on covered loans due to the COVID–19 national emergency or any other national emergency. (2) Application of Congressional Review Act In any case where the President or the Secretary of Education cancels the outstanding balances, or portion of the balances, on covered loans through any type of executive or regulatory action, the cancellation shall be— (A) deemed to be a major rule for purposes of chapter 8 (B) subject to congressional disapproval in accordance with such chapter. (e) Implementation (1) Regarding suspensions or deferments of Federal student loan payments ongoing at the time of enactment Not later than the effective date of this Act, any suspension or deferment of Federal student loan payments on covered loans due to the COVID–19 national emergency shall terminate. Notwithstanding any other provision of law, a subsequent suspension or deferment of Federal student loan payments on covered loans for the COVID–19 national emergency shall be prohibited. (2) Regarding cancellation of student loans prior to effective date Any cancellation of the outstanding balance, or portion of a balance, on a covered loan made by the President or Secretary of Education through any type of executive or regulatory action in the 30 days before the effective date of this Act shall be— (A) deemed to be a major rule for purposes of chapter 8 Congressional Review Act (B) subject to congressional disapproval in accordance with such chapter. (f) Definition of covered loan In this subsection, the term covered loan 20 U.S.C. 1071 et seq. 5. Effective date This Act, and the amendments made by this Act, shall take effect on the date that is 30 days after the date of enactment of this Act.

Stop Reckless Student Loan Actions Act of 2023

Ralph David Abernathy, Sr. National Historic Site Act This bill establishes the Ralph David Abernathy, Sr. National Historic Site in Georgia as a unit of the National Park System. The site shall preserve, protect, and interpret the area where the Reverend Dr. Abernathy served as pastor during the height of the modern civil rights movement and his role as an internationally recognized civil rights leader.

118 S507 IS: Ralph David Abernathy, Sr., National Historic Site 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. 507 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Ossoff Mr. Warnock Committee on Energy and Natural Resources A BILL To establish the Ralph David Abernathy, Sr., National Historic Site, and for other purposes. 1. Short title This Act may be cited as the Ralph David Abernathy, Sr., National Historic Site Act 2. Definitions In this Act: (1) Historic site The term Historic Site (2) Map The term Map Ralph David Abernathy, Sr. National Historic Site Proposed Boundary (3) Secretary The term Secretary (4) State The term State 3. Ralph David Abernathy, Sr., National Historic Site (a) Establishment (1) In general Subject to paragraph (2), there is established the Ralph David Abernathy, Sr., National Historic Site in the State as a unit of the National Park System to preserve, protect, and interpret for the benefit of present and future generations— (A) the site where the Reverend Dr. Abernathy served as pastor during the height of the modern civil rights movement, the historic West Hunter Street Baptist Church; and (B) the role of Dr. Abernathy as an internationally recognized civil rights leader. (2) Determination by the secretary The Historic Site shall not be established until the date on which the Secretary determines that a sufficient quantity of land and interests in land have been acquired to constitute a manageable unit. (3) Notice Not later than 30 days after the date on which the Secretary makes a determination under paragraph (2), the Secretary shall publish in the Federal Register notice of the establishment of the Historic Site. (b) Boundary The boundary of the Historic Site shall be the boundary generally depicted as Proposed Boundary (c) Availability of map The Map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Acquisition of land (1) In general Subject to paragraph (2), the Secretary may acquire land and interests in land within the boundary of the Historic Site by— (A) donation; (B) purchase from a willing seller with donated or appropriated funds; or (C) exchange. (2) Limitation Any land or interests in land owned by the State or a political subdivision of the State may be acquired for inclusion in the Historic Site only by donation. (e) Administration The Secretary shall administer the Historic Site in accordance with— (1) this section; and (2) the laws generally applicable to units of the National Park System, including— (A) sections 100101(a), 100751(a), 100752, and 100753 of title 54, United States Code; and (B) chapters 1003 and 3201 of title 54, United States Code. (f) Management plan Not later than 3 years after the date on which funds are first made available to carry out this Act, the Secretary shall complete a management plan for the Historic Site in accordance with section 100502 of title 54, United States Code. (g) Agreements The Secretary may enter into cooperative agreements, leases, or other agreements, as appropriate, with the State or other entities to provide and facilitate interpretive and educational services, administrative support, and technical assistance related to the Historic Site within or outside the boundaries of the Historic Site, including— (1) the placement of directional and interpretive signage; (2) exhibits; (3) parking and other administrative needs; (4) technology-based interpretive devices; (5) public interpretation and tours; and (6) the preservation of historic and cultural resources.

Ralph David Abernathy, Sr., National Historic Site Act

Ensuring Work Opportunities in Correctional Facilities Act of 2023 This bill expands job training and education programs in correctional facilities. Specifically, the bill authorizes the Bureau of Prisons to provide additional support for occupational education and training programs. The bill requires an annual report that (1) includes a list of programs receiving funding; and (2) analyzes the efficacy of these programs in providing incarcerated workers with valuable job skills, improving their quality of life, and increasing their job prospects upon release. Additionally, the bill reauthorizes through FY2029 grant programs for (1) evaluating and improving educational methods at prisons, jails, and juvenile facilities; (2) offender reentry demonstration projects; and (3) career training demonstration projects. The bill also increases the number of prison work pilot projects that may be designated by the Bureau of Justice Assistance.

118 S508 IS: Ensuring Work Opportunities in Correctional Facilities 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. 508 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Booker Committee on the Judiciary A BILL To authorize appropriations for occupational education and training programs of the Bureau of Prisons, and for other purposes. 1. Short title This Act may be cited as the Ensuring Work Opportunities in Correctional Facilities Act of 2023 2. Expanded work programs (a) Occupational education programs (1) In general There are authorized to be appropriated to the Bureau of Prisons $210,000,000 for fiscal years 2024 through 2029 for occupational education and training programs. (2) Reports Beginning on the date that is 2 years after the date of enactment of this Act, the Director of the Bureau of Prisons shall submit to the Attorney General public annual reports, produced by the Program Review Division of the Bureau of Prisons, an independent governmental or nongovernmental agency, or a private auditor, that— (A) includes a list of the programs that receive the funds appropriated under paragraph (1); and (B) analyzes the efficacy of the programs described in subparagraph (A) in providing incarcerated workers with valuable job skills, improving their quality of life, and increasing their job prospects upon release. (b) Prison work pilot projects Section 1761(c)(1) of title 18, United States Code, is amended by striking 50 100 (c) Vocational training programs (1) Omnibus Crime Control and Safe Streets Act of 1968 The Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. (A) in section 1001(a) ( 34 U.S.C. 10261(a) (28) There are authorized to be appropriated to carry out section 3041(a)(4) of part NN $10,000,000 for each of fiscal years 2024 through 2029. ; and (B) in section 2976(o) ( 34 U.S.C. 10631(o) (1) In general To carry out this section, there are authorized to be appropriated $70,000,000 for each of fiscal years 2024 through 2029. . (2) Careers training and demonstration grants Section 115 of the Second Chance Act of 2007 ( 34 U.S.C. 60511 (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2024 through 2029. .

Ensuring Work Opportunities in Correctional Facilities Act of 2023

Supporting Americans Wrongfully or Unlawfully Detained Abroad Act of 2023 This bill authorizes travel assistance and mental health support to U.S. nationals wrongfully or unlawfully detained abroad and to certain family members of such individuals. For wrongfully or unlawfully detained U.S. nationals, the bill authorizes the Department of State to provide compensation and assistance if needed for return travel to the United States after their release. The bill also authorizes mental health support for such individuals and certain family members of such individuals. For certain family members or representatives of such detained individuals, the State Department must provide financial assistance to cover travel and lodging expenses for meeting with the U.S. government if (1) such financial assistance is requested, and (2) the family members or representatives live more than 50 miles from Washington, DC. 

118 S509 IS: Supporting Americans Wrongfully or Unlawfully Detained Abroad 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. 509 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Menendez Mr. Risch Mrs. Shaheen Mr. Hagerty Committee on Foreign Relations A BILL To provide resources for United States nationals unlawfully or wrongfully detained abroad, and for other purposes. 1. Short title This Act may be cited as the Supporting Americans Wrongfully or Unlawfully Detained Abroad Act of 2023 2. Resources for United States nationals unlawfully or wrongfully detained abroad Section 302(d) of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741(d) (1) in the subsection heading, by striking Resource guidance Resources for United States nationals unlawfully or wrongfully detained abroad (2) in paragraph (1), by striking the paragraph heading and all that follows through Not later than (1) Resource guidance (A) In general Not later than ; (3) in paragraph (2), by redesignating subparagraphs (A), (B), (C), (D), and (E) and clauses (i), (ii), (iii), (iv), and (v), respectively, and moving such clauses (as so redesignated) 2 ems to the right; (4) by redesignating paragraph (2) as subparagraph (B) and moving such subparagraph (as so redesignated) 2 ems to the right; (5) in subparagraph (B), as redesignated by paragraph (4), by striking paragraph (1) subparagraph (A) (6) by adding at the end the following: (2) Travel assistance (A) Family advocacy For the purpose of facilitating meetings between the United States Government and the family members of United States nationals unlawfully or wrongfully detained abroad, the Secretary shall provide financial assistance to cover the costs of travel to Washington, DC, including travel by air, train, bus, or other transit as appropriate, to any individual who— (i) is— (I) a family member of a United States national unlawfully or wrongfully detained abroad as determined by the Secretary under subsection (a); or (II) an appropriate individual who— (aa) is approved by the Special Presidential Envoy for Hostage Affairs; and (bb) does not represent in any legal capacity a United States national unlawfully or wrongfully detained abroad or the family of such United States national; (ii) has a permanent address that is more than 50 miles from Washington, DC; and (iii) requests such assistance. (B) Travel and lodging (i) In general For each such United States national unlawfully or wrongfully detained abroad, the financial assistance described in subparagraph (A) shall be provided for not more than 2 trips per fiscal year, unless the Special Presidential Envoy for Hostage Affairs determines that a third trip is warranted. (ii) Limitations Any trip described in clause (i) shall— (I) consist of not more than 2 family members or other individuals approved in accordance with subparagraph (A)(i)(II), unless the Special Presidential Envoy for Hostage Affairs determines that circumstances warrant an additional family member or other individual approved in accordance with subparagraph (A)(i)(II) and approves assistance to such third family member or other individual; and (II) not exceed more than 2 nights lodging, which shall not exceed the applicable government rate. (C) Return travel If other United States Government assistance is unavailable, the Secretary may provide to a United States national unlawfully or wrongfully detained abroad as determined by the Secretary under subsection (a), compensation and assistance, as necessary, for return travel to the United States upon release of such United States national. (3) Support The Secretary shall seek to make available operational psychologists and clinical social workers, to support the mental health and well-being of— (A) any United States national unlawfully or wrongfully detained abroad; and (B) any family member of such United States national, with regard to the psychological, social, and mental health effects of such unlawful or wrongful detention. (4) Notification requirement The Secretary shall notify the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives of any amount spent above $250,000 for any fiscal year to carry out paragraphs (2) and (3). (5) Report Not later than 90 days after the end of each fiscal year, the Secretary shall submit to the Committees on Foreign Relations and Appropriations of the Senate and the Committee on Foreign Affairs and Appropriations of the House of Representatives a report that includes— (A) a detailed description of expenditures made pursuant to paragraphs (2) and (3); (B) a detailed description of support provided pursuant to paragraph (3) and the individuals providing such support; and (C) the number and location of visits outside of Washington, DC, during the prior fiscal year made by the Special Presidential Envoy for Hostage Affairs to family members of each United States national unlawfully or wrongfully detained abroad. (6) Sunset The authority and requirements under paragraphs (2), (3), (4), and (5) shall terminate on December 31, 2027. (7) Family member defined In this subsection, the term family member .

Supporting Americans Wrongfully or Unlawfully Detained Abroad Act of 2023

Expediting Israeli Aerial Refueling Act of 2023 This bill requires the Department of Defense (DOD), particularly the Department of the Air Force, to provide certain training and support to the air force of Israel. Specifically, the bill requires the U.S. Air Force to train members of the air force of Israel on (1) the operation of the KC-46 aircraft, and (2) maintenance and sustainment requirements of the KC-46 aircraft. Before completing the training required by this bill, DOD must authorize members of the air force of Israel who are associated with the operation of KC-46 aircraft to participate in the U.S. Air Force Military Personnel Exchange Program. DOD must make the program available to such members of the air force of Israel and ensure that they may participate immediately after completing training. DOD must rotationally deploy one or more KC-46 aircraft to Israel until the earlier of five years after the enactment of this bill or the date on which a KC-46 aircraft procured by the military forces of Israel is commissioned into such military forces and achieves full combat capability.

118 S510 IS: Expediting Israeli Aerial Refueling 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. 510 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Cotton Committee on Foreign Relations A BILL To require the Secretary of the Air Force to provide training to members of the air force of Israel on the operation of KC–46 aircraft, and for other purposes. 1. Short title This Act may be cited as the Expediting Israeli Aerial Refueling Act of 2023 2. Training Israeli pilots to operate KC–46 aircraft (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of the Air Force shall— (1) make available sufficient resources and accommodations within the United States to train members of the air force of Israel on the operation of KC–46 aircraft; and (2) conduct training for members of the air force of Israel, including— (A) training for pilots and crew on the operation of the KC–46 aircraft in accordance with standards considered sufficient to conduct coalition operations of the United States Air Force and the air force of Israel; and (B) training for ground personnel on the maintenance and sustainment requirements of the KC–46 aircraft considered sufficient for such operations. (b) United States Air Force Military Personnel Exchange Program The Secretary of Defense shall, with respect to members of the air force of Israel associated with the operation of KC–46 aircraft— (1) before the completion of the training required by subsection (a)(2), authorize the participation of such members of the air force of Israel in the United States Air Force Military Personnel Exchange Program; (2) make the United States Air Force Military Personnel Exchange Program available to such members of the air force of Israel; and (3) to the extent practicable, ensure that such members of the air force of Israel may participate in the United States Air Force Military Personnel Exchange Program immediately after such members complete such training. (c) Termination This section shall cease to have effect on the date that is ten years after the date of the enactment of this Act. 3. Forward deployment of United States KC–46 aircraft to Israel (a) Report Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that describes the capacity of and requirements for the United States Air Force to forward deploy KC–46 aircraft to Israel on a rotational basis until the date on which not fewer than four KC–46 aircraft procured by the military forces of Israel are commissioned into such military forces and achieve full combat capability. (b) Rotational forces (1) In general Subject to paragraph (2), the Secretary of Defense shall rotationally deploy one or more KC–46 aircraft to Israel until the earlier of— (A) the date on which a KC–46 aircraft procured by the military forces of Israel is commissioned into such military forces and achieves full combat capability; or (B) five years after the date of the enactment of this Act. (2) Description The one or more KC–46 aircraft deployed under paragraph (1)— (A) may vary in size and number, as the Secretary of Defense considers appropriate; and (B) beginning in the year that is one year after the date of the enactment of this Act, and in each year thereafter until the applicable date described in that paragraph, shall remain in Israel for a period not less than 270 days.

Expediting Israeli Aerial Refueling Act of 2023

Protect America’s Innovation and Economic Security from CCP Act This bill reestablishes an initiative related to China within the National Security Division of the Department of Justice (DOJ) and outlines the goals and requirements for this initiative. In 2022, DOJ ended a program named the China Initiative. This bill reestablishes and renames it the CCP Initiative to (1) counter nation-state threats to the United States; (2) curb spying by the Chinese Communist Party (CCP) on U.S. intellectual property and academic institutions; (3) identify and prosecute individuals engaged in trade secret theft, hacking, and economic espionage; and (4) protect U.S. critical infrastructure from foreign threats. DOJ must annually brief specified congressional committees on the progress and challenges of the initiative. The initiative terminates six years after enactment of this bill.

95 S511 IS: Protect America’s Innovation and Economic Security from CCP 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. 511 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Scott of Florida Mr. Hagerty Mr. Rubio Committee on the Judiciary A BILL To establish the CCP Initiative program, and for other purposes. 1. Short title This Act may be cited as the Protect America’s Innovation and Economic Security from CCP Act 2. CCP Initiative program (a) Establishment There is established in the National Security Division of the Department of Justice the CCP Initiative to— (1) counter nation-state threats to the United States; (2) curb spying by the Chinese Communist Party on United States intellectual property and academic institutions in the United States; and (3) focus on— (A) identifying and prosecuting those engaged in trade secret theft, hacking, and economic espionage; and (B) protecting the critical infrastructure in the United States against external threats through foreign direct investment and supply chain compromises. (b) Steering committee The CCP Initiative shall be led by a steering committee comprised of— (1) the Assistant Attorney General for National Security; (2) senior officials in the Federal Bureau of Investigation, as determined by the Attorney General; (3) the Assistant Attorney General for the Criminal Division of the Department of Justice; (4) the Executive Assistant Director of the National Security Branch of the Federal Bureau of Investigation; and (5) five United States attorneys, appointed by the Attorney General, from the judicial districts with the most cases involving espionage, intellectual property theft, and trade secrets during the preceding 5-year period. (c) Goals The CCP Initiative shall have the following goals: (1) Identify priority trade secret theft cases, ensuring that investigations are adequately resourced. (2) Work to bring the cases described in paragraph (1) to fruition in a timely manner and according to the facts and applicable law. (3) Develop an enforcement strategy concerning nontraditional collectors, including researchers in labs, universities, and the defense industrial base, that are being co-opted into transferring technology contrary to United States interests. (4) Educate colleges and universities about potential threats to academic freedom and open discourse from influence efforts on campus. (5) Apply the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 et seq. (6) Equip United States attorneys with intelligence and materials to be used to— (A) raise awareness of the threats described in this section within their judicial districts; and (B) support outreach efforts. (7) Implement the Foreign Investment Risk Review Modernization Act of 2018 (division A of title XVII of Public Law 115–232 (8) Identify opportunities to better address supply chain threats, especially ones impacting the telecommunications sector, prior to the transition to 5G networks. (9) Identify Foreign Corrupt Practices Act of 1977 ( Public Law 95–213 (10) Increase efforts to improve Chinese responses to requests under the Mutual Legal Assistance Agreement with the United States. (11) Evaluate whether additional legislative and administrative authorities are required to protect United States assets from foreign economic aggression. (d) Requirement Under the CCP Initiative— (1) all investigations and prosecutions shall be set as priority and not based on discretion; (2) the Initiative shall be separate from and not under the authority or discretion of any other Department of Justice initiative dedicated to countering nation-state threats; and (3) all resources used for the CCP Initiative shall solely be set aside for the CCP Initiative and shall not be combined to support any other Department of Justice program, including other programs and initiatives dedicated to countering nation-state threats. (e) Annual briefing The Attorney General shall brief the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate and the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives annually on the progress and challenges of the CCP Initiative. (f) Sunset This Act is effective beginning on the date of enactment of this Act and ending on the date that is 6 years after that date. (g) 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 provisions of such to any person or circumstance, shall not be affected thereby.

Protect America’s Innovation and Economic Security from CCP Act

Insure Cybersecurity Act of 2023 This bill requires the National Telecommunications and Information Administration (NTIA) to establish a working group on cyber insurance policies. These are policies that offer coverage for losses, damages, and costs incurred due to cyberattacks and related incidents. The members of the working group must include representatives from the Cybersecurity and Infrastructure Security Agency, the National Institute of Standards and Technology, the Department of the Treasury, and the Department of Justice. The working group must address ways to improve customers' understanding of the technical and legal terms used in cyber insurance policies. This includes developing recommendations for (1) customers to effectively evaluate the types and levels of coverage offered under a policy; and (2) insurance issuers, agents, and brokers to communicate policy provisions in a manner that is easily understood by customers. Additionally, the working group must identify market constraints and other factors that limit the use of cyber insurance to respond to the risk of cyber incidents and recommend incentives and other means to encourage such use. The working group terminates once it submits a report of its findings and recommendations to Congress. The bill also requires the NTIA to make resources on cyber insurance, including recommendations of the working group, publicly available on its website.

118 S513 IS: Insure Cybersecurity 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. 513 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Hickenlooper Mrs. Capito Committee on Commerce, Science, and Transportation A BILL To require the Assistant Secretary of Commerce for Communications and Information to establish a working group on cyber insurance, to require dissemination of informative resources for issuers and customers of cyber insurance, and for other purposes. 1. Short title This Act may be cited as the Insure Cybersecurity Act of 2023 2. Definitions In this Act: (1) Assistant Secretary The term Assistant Secretary (2) Customer The term customer (3) Cyber incident The term cyber incident incident (4) Cyber insurance Subject to section 3(c)(1)(A), the term cyber insurance (5) Issuer The term issuer (6) Policy The term policy (7) Small business The term small business small business concern 15 U.S.C. 632 (8) Working group The term working group 3. Working group on cyber insurance (a) Establishment Not later than 90 days after the date of enactment of this Act, the Assistant Secretary shall establish a working group on cyber insurance. (b) Composition (1) Membership The working group shall be composed of not less than 1 member from each of the following: (A) The Cybersecurity and Infrastructure Security Agency. (B) The National Institute of Standards and Technology. (C) The Department of the Treasury. (D) The Department of Justice. (2) Chairperson The Assistant Secretary shall be the chairperson of the working group. (c) Activities (1) In general The working group shall carry out the following activities: (A) For the purposes of the activities of the working group, define the term cyber insurance (B) Analyze and explain in a manner most understandable to customers the technical and legal terminology commonly used in policies. (C) Analyze, and develop recommendations regarding, provisions in policies that relate to ransomware and ransom payments made in response to ransomware. (D) Analyze and explain in a manner most understandable to customers the terminology used in policies to include or exclude coverage for losses due to cyber incidents that are caused by cyberterrorism or acts of war. (E) Develop recommendations for prospective customers on ways to effectively evaluate the types and levels of coverage offered under a policy. (F) Develop recommendations for issuers, agents, and brokers regarding how to provide and communicate policy provisions that are clear and easy to understand for customers. (G) Identify the constraints of issuers in covering higher amounts of losses and new cyber risk areas currently not covered, including reputational damage and intellectual property lost. (H) Gather input from issuers on what measures would improve the ability of those issuers to offer additional coverage under policies, including improvements to their actuarial data, cyber risk data, and information sharing mechanisms and effective measurement of the cybersecurity practices of consumers. (I) Identify the constraints of the market and why more organizations do not use cyber insurance as a risk response mechanism. (J) Develop recommendations for customers on how best to use cyber insurance as a risk response mechanism for cyber risk and incentives for doing so. (2) Consultation In carrying out the activities of the working group under paragraph (1), the working group shall consult with the public in an open and transparent manner, including by consulting with the following stakeholders: (A) Issuers. (B) Insurance agents and brokers with experience in the sale and distribution of cyber insurance. (C) Representatives of business customers from multiple sectors and representatives of small businesses. (D) Academia. (E) State insurance regulators with expertise regarding cybersecurity and cyber insurance. (F) Other individuals or entities with cybersecurity and cyber insurance expertise as the Assistant Secretary considers appropriate. (d) Report Not later than 1 year after the date on which the working group first convenes, the working group shall submit to Congress a report regarding the activities of the working group under subsection (c) and any recommendations of the working group. (e) Termination The working group shall terminate upon submission of the report required under subsection (d). (f) Rule of construction Nothing in this section shall be construed to— (1) require adoption of the recommendations of the working group; or (2) provide any authority to any member of the working group or any other individual to regulate the business of insurance that is not already provided under any other provision of law. 4. Dissemination of informative resources for cyber insurance stakeholders (a) In general Not later than 90 days after the date on which the working group submits the report required under section 3(d), the Assistant Secretary shall disseminate and make publicly available informative resources for cyber insurance stakeholders. (b) Requirements The Assistant Secretary shall ensure that the resources disseminated under subsection (a)— (1) incorporate the recommendations included in the report submitted under section 3(d); (2) are generally applicable and usable by a wide range of cyber insurance stakeholders, including issuers, agents, brokers, and customers; and (3) include case studies and specific examples, where appropriate. (c) Publication The resources disseminated under subsection (a) shall be published on the public website of the National Telecommunications and Information Administration. (d) Outreach The Assistant Secretary shall conduct outreach and coordination activities to promote the availability of the resources disseminated under subsection (a) to relevant industry stakeholders and the general public. (e) Voluntary use Nothing in this section may be construed to require the use of the resources disseminated under subsection (a).

Insure Cybersecurity Act of 2023

Congressional Tribute to Constance Baker Motley Act of 2023 This bill provides for the award of a Congressional Gold Medal posthumously to Constance Baker Motley in recognition of her contributions and service to the United States in advancing civil rights as an attorney, elected official, and judge.

118 S514 IS: Congressional Tribute to Constance Baker Motley 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. 514 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Blumenthal Mr. Graham Mr. Schumer Mr. Kennedy Mr. Murphy Ms. Collins Mr. King Ms. Cortez Masto Mr. Casey Ms. Warren Mr. Merkley Ms. Baldwin Mr. Wyden Mr. Padilla Ms. Klobuchar Mr. Whitehouse Mr. Booker Mr. Reed Mr. Schatz Mrs. Feinstein Mr. Coons Mrs. Murray Mr. Bennet Ms. Hirono Mr. Menendez Mr. Ossoff Committee on Banking, Housing, and Urban Affairs A BILL To award posthumously the Congressional Gold Medal to Constance Baker Motley, in recognition of her enduring contributions and service to the United States. 1. Short title This Act may be cited as the Congressional Tribute to Constance Baker Motley Act of 2023 2. Findings Congress finds the following: (1) Constance Baker Motley was born in 1921, in New Haven, Connecticut, the daughter of immigrants from the Caribbean island of Nevis. (2) In 1943, Constance Baker Motley graduated from New York University with a Bachelor of Arts degree in economics. (3) Upon receiving a law degree from Columbia University in 1946, Constance Baker Motley became a staff attorney at the National Association for the Advancement of Colored People Legal Defense and Educational Fund, Inc. (referred to in this Act as the LDF (4) Constance Baker Motley was the only female attorney on the LDF legal team that won the landmark desegregation case, Brown v. Board of Education, 347 U.S. 483 (1954). (5) Constance Baker Motley argued 10 major civil rights cases before the Supreme Court of the United States, winning all but 1, including the case brought on behalf of James Meredith challenging the refusal of the University of Mississippi to admit him. (6) Constance Baker Motley’s only loss before the Supreme Court of the United States in Swain v. Alabama, 380 U.S. 202 (1965), a case in which the Supreme Court refused to proscribe race-based peremptory challenges in cases involving African-American defendants, and which was later reversed in Batson v. Kentucky, 476 U.S. 79 (1986), on grounds that were largely asserted by Constance Baker Motley in the Swain case. (7) In 1964, Constance Baker Motley became the first African-American woman elected to the New York State Senate. (8) In 1965, Constance Baker Motley became the first African-American woman, and the first woman, to serve as president of the Borough of Manhattan. (9) Constance Baker Motley, in her capacity as an elected public official in New York, continued to fight for civil rights, dedicating herself to the revitalization of the inner city and improvement of urban public schools and housing. (10) In 1966, Constance Baker Motley was appointed by President Lyndon B. Johnson as a judge on the United States District Court for the Southern District of New York. (11) The appointment of Constance Baker Motley made her the first African-American woman, and only the fifth woman, appointed and confirmed for a Federal judgeship. (12) In 1982, Constance Baker Motley was elevated to Chief Judge of the United States District Court for the Southern District of New York, the largest Federal trial court in the United States. (13) Constance Baker Motley assumed senior status in 1986, and continued serving on the United States District Court for the Southern District of New York with distinction for nearly 2 decades. (14) Constance Baker Motley passed away on September 28, 2005, and is survived by her son, Joel W. Motley III, 3 grandchildren, and nieces and nephews in Connecticut and in other States. (15) September 14, 2021, was the 100th anniversary of the birth of Constance Baker Motley. 3. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Constance Baker Motley, in recognition of her enduring contributions and service to the United States. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary Constance Baker Motley (c) Presentation With respect to the presentation referred to in subsection (a), the gold medal shall be presented to Constance Baker Motley’s son, Joel Motley III, and her niece, Constance Royster. (d) Disposition of medal Following the presentation referred to in subsection (a), the gold medal shall be given to Joel Motley III. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. 5. Status of medals (a) National medal Medals struck under this Act are national medals for purposes of chapter 51 (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.

Congressional Tribute to Constance Baker Motley Act of 2023

Securing Our Propane Supply Act This bill requires the Department of Energy (DOE) to study the feasibility and effectiveness of establishing a national strategic propane reserve that is separate from the Strategic Petroleum Reserve. If DOE finds a reserve should be established, then DOE must develop an implementation plan.

118 S515 IS: Securing Our Propane Supply 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. 515 IN THE SENATE OF THE UNITED STATES February 16, 2023 Ms. Stabenow Mr. Thune Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to conduct a study to determine the feasibility and effectiveness of establishing a national strategic propane reserve. 1. Short title This Act may be cited as the Securing Our Propane Supply Act 2. Department of Energy study on establishing national strategic propane reserve (a) Study (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Energy, in consultation with the Administrator of the Energy Information Administration, shall complete a study to determine the feasibility and effectiveness of establishing a national strategic propane reserve, separate from the Strategic Petroleum Reserve established under part B of title I of the Energy Policy and Conservation Act ( 42 U.S.C. 6231 et seq. (2) Elements The study under paragraph (1) shall include— (A) an assessment of the current state of the propane supply chain in the United States to meet current and forecasted consumer demands; (B) an assessment of the risks of regional propane supply disruptions, including— (i) past causes of disruptions; (ii) possible causes of disruptions in the future; and (iii) whether disruptions justify the establishment of a national strategic propane reserve; (C) an evaluation of— (i) appropriate and most suitable locations for a strategic propane reserve; (ii) the quantity of propane storage that would be appropriate at each such location; and (iii) the suitability of existing infrastructure to facilitate transportation and delivery of propane from a strategic propane reserve during a drawdown; (D) an evaluation of the additional infrastructure needed for a strategic propane reserve to function properly; (E) consideration of the means by which a strategic propane reserve would prevent and manage degradation of the propane in storage; (F) an evaluation of appropriate triggers (including price and supply) for making available propane from a strategic reserve; (G) an evaluation of the appropriate manner of acquiring propane and propane storage for a strategic reserve, while minimizing market implications, including an assessment of— (i) unutilized and under-utilized storage; and (ii) new storage opportunities; (H) an evaluation of the appropriate transactions (including direct sales, exchanges, or other options) for delivering propane in a strategic reserve to the market when a release is triggered; (I) an evaluation of likely consumers (including individuals, agricultural producers, and the Armed Forces) of propane from a strategic reserve, including— (i) identification and categorization of those consumers; (ii) a State-by-State breakdown of propane usage by those consumers; and (iii) an evaluation of the expected impacts of a strategic propane reserve on those categories of consumers and States; (J) an evaluation of the market implications of establishing and administering a strategic propane reserve, including an assessment of potential price and supply effects; and (K) identification, preliminary assessment, and evaluation of alternatives to a strategic propane reserve that could provide supply and price relief during regional propane supply disruptions. (3) Recommendations In conducting the study under this subsection, the Secretary of Energy shall develop recommendations with respect to each element of the study described in paragraph (2) regarding— (A) whether a national strategic propane reserve should be established; and (B) if such a reserve should be established, the most practicable method of establishment. (b) Plan Not later than 180 days after the date of completion of the study under subsection (a), the Secretary of Energy shall develop a plan for implementing the recommendations developed under paragraph (3) of that subsection. (c) Industry coordination In conducting the study under subsection (a) and developing the plan under subsection (b), the Secretary of Energy is encouraged to coordinate with entities in the propane industry, including representatives from the entire propane supply chain. (d) Submission to Congress The Secretary of Energy shall 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 describing— (1) the study completed under subsection (a); and (2) the plan developed under subsection (b). (e) Protection of national security information Before submitting the report under subsection (d), or otherwise publishing the study completed under subsection (a) or the plan developed under subsection (b), the Secretary of Energy shall adopt such procedures with respect to confidentiality (including procedures for redaction of information) as the Secretary determines to be necessary to ensure the protection of classified information relating to specific vulnerabilities to United States energy security or reliability.

Securing Our Propane Supply Act

Fair Wages for Incarcerated Workers Act of 2023 This bill extends the protections under the Fair Labor Standards Act of 1938, including minimum wage requirements, to incarcerated workers. Incarcerated workers include individuals detained in a correctional facility who perform work offered or required by or through the correctional facility, including work associated with prison work programs, work release programs, federal prison industries (i.e., UNICOR program), state prison industries, public works programs, restitution centers, correctional facility operations and maintenance, and private entities.

118 S516 IS: Fair Wages for Incarcerated Workers 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. 516 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Booker Committee on Health, Education, Labor, and Pensions A BILL To require coverage of incarcerated workers under the Fair Labor Standards Act of 1938, and for other purposes. 1. Short title This Act may be cited as the Fair Wages for Incarcerated Workers Act of 2023 2. Coverage of incarcerated workers under the Fair Labor Standards Act of 1938 Section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 (1) in subsection (e)— (A) in paragraph (2)— (i) in subparagraph (B), by striking ; and (ii) in subparagraph (C)(ii)(V), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (D) any individual employed as an incarcerated worker by a public agency that operates the correctional facility in which such individual is incarcerated or detained. ; and (B) by adding at the end the following: (6) The term employee ; (2) in subsection (m)(1), by striking any employee. any employee: Provided further (3) by adding at the end the following: (z) (1) Incarcerated worker (2) An incarcerated worker shall be considered employed by— (A) the public agency operating the correctional facility in which the individual is incarcerated or detained; or (B) in the case of a correctional facility operated by a private entity through a contract with a public agency, such private entity. (aa) Correctional facility 34 U.S.C. 10251 (bb) (1) Court-imposed fee (2) The term court-imposed fee .

Fair Wages for Incarcerated Workers Act of 2023

Combating Workplace Discrimination in Correctional Facilities Act of 2023 This bill provides certain rights and protections for prisoners who refuse to or do not work while in prison. Specifically, the bill prohibits the Department of Justice from requiring a prisoner to participate in a work program. Additionally, the bill allows a prisoner to file a civil rights lawsuit under federal law without first exhausting all administrative remedies. Currently, a prisoner must exhaust all administrative remedies before filing such a lawsuit. The bill prohibits any retaliation against a prisoner for refusal to work. It also prohibits the Bureau of Prisons from disciplining a prisoner for refusal to work. Finally, the bill extends other federal statutory protections to prisoners by (1) including correctional facilities as covered employers and prisoners as covered employees under the Civil Rights Act of 1964 with respect to employment-related discrimination against imprisoned workers, and (2) requiring correctional facilities to implement certain policies and procedures to ensure compliance with the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.

118 S517 IS: Combating Workplace Discrimination in Correctional Facilities 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. 517 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Booker Committee on the Judiciary A BILL To prevent discrimination and retaliation against incarcerated workers, and for other purposes. 1. Short title This Act may be cited as the Combating Workplace Discrimination in Correctional Facilities Act of 2023 2. Elimination of required participation in the inmate work program (a) United States Code Section 4001(b) of title 18, United States Code, is amended by adding at the end the following: (3) The Attorney General may not require inmates to participate in a work program. . (b) Code of Federal Regulations The Attorney General shall amend sections 545.20 and 545.23 of title 28, Code of Federal Regulations, and any other regulations necessary, to comply with the amendment made in paragraph (1). 3. Elimination of administrative exhaustion requirement (a) In general Section 7(a) of the Civil Rights of Institutionalized Persons Act ( 42 U.S.C. 1997e(a) (a) Administrative exhaustion not required A prisoner confined in any jail, prison, or other correctional facility may bring an action with respect to prison conditions under section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 . (b) Applicability The amendment made by subsection (a) shall apply with respect to any action that is filed on or after the date of enactment of this Act. 4. Limitations on retaliation and discipline for refusal to work (a) Prohibition of retaliation for refusal To work Section 6 of the Civil Rights of Institutionalized Persons Act ( 42 U.S.C. 1997d (1) by striking No person (a) Reporting violations.— (2) by adding at the end: (b) Refusal To work No prisoner (as defined in section 7) shall be subjected to retaliation in any manner for refusal to work. . (b) Limitation on discipline (1) United States Code Section 4042 of title 18, United States Code, is amended— (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following: (d) Limitation on discipline The Director of the Bureau of Prisons may not discipline a prisoner for refusing to work. . (2) Code of Federal Regulations The Attorney General shall amend sections 541.3 and 545.24(c) of title 28, Code of Federal Regulations, and any other regulations necessary, to comply with the amendment made in paragraph (1). 5. Nondiscrimination in employment and public services (a) Civil Rights Act of 1964 (1) In general Section 701 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e (A) in subsection (b), by inserting (including an entity that operates, directly or by contract, a correctional facility, with respect to employment of persons including incarcerated workers) industry affecting commerce (B) in subsection (f), by inserting (including an incarcerated worker) an individual (C) by adding at the end the following: (o) The term correctional facility (p) In subsections (b) and (f), the term employ 29 U.S.C. 203 (q) The term incarcerated worker . (2) Exception Section 703(a)(2) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(a)(2) , except that a correctional facility may segregate incarcerated workers into separate facilities by sex if necessary to maintain privacy or institutional order (3) Conforming amendment Section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) This section shall not apply to a Federal department, agency, or unit that operates, directly or by contract, a correctional facility, with respect to employment of persons including incarcerated workers. (b) Americans with Disabilities Act of 1990; Rehabilitation Act of 1973 (1) In general Each agency that operates a correctional facility (directly or by contract with a private entity) shall— (A) provide to each incarcerated worker notice of the worker's rights under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. 29 U.S.C. 794 (B) implement policies and training to ensure compliance with the Americans with Disabilities Act of 1990 and section 504 of the Rehabilitation Act of 1973, with respect to those facilities; (C) annually prepare a report that contains an evaluation of the agency's compliance with the Americans with Disabilities Act of 1990 and section 504 of the Rehabilitation Act of 1973, with respect to those facilities; and (D) submit the report described in subparagraph (C) to the Attorney General, who shall make the report publicly available on the website of the Department of Justice. (2) Noncompliance The Attorney General shall determine, and implement, appropriate remedies for the failure of an agency covered by paragraph (1) to submit a report required by paragraph (1). (3) Definitions In this section, the terms correctional facility incarcerated worker 42 U.S.C. 2000e

Combating Workplace Discrimination in Correctional Facilities Act of 2023

Correctional Facilities Occupational Safety and Health Act of 2023 This bill extends federal workplace safety and health protections to incarcerated workers. These are individuals who (1) are incarcerated or detained in a federal, state, or local correctional facility (or a private facility operating under government contract); and (2) perform work offered or required by the correctional facility, such as prison work programs or work release programs. States and territories that enforce their own workplace safety and health laws and standards under a plan approved by the Occupational Safety and Health Administration must include workplace protections for incarcerated workers in the plan. In addition, the Department of Labor must establish a grant program to assist states with amending their occupational safety and health laws to cover incarcerated workers and with enforcing those laws. Furthermore, the Bureau of Prisons must ensure that its workplace safety and health program applies to incarcerated workers in the same manner as it applies to employees of the bureau. Additionally, states and localities that participate in the Edward Byrne Memorial Justice Assistance Grant Program must have workplace safety and health protections for incarcerated workers that are appropriately monitored and enforced. The bill reserves a portion of the grants for recipients to use to set up workplace safety and health protections for incarcerated workers. The bill also requires periodic reports to Congress and the Department of Justice about the workplace and safety conditions at correctional facilities, including any potential noncompliance with relevant standards.

118 S518 IS: Correctional Facilities Occupational Safety and Health 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. 518 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Booker Committee on the Judiciary A BILL To enhance coverage and oversight of occupational safety and health standards in correctional facilities, and for other purposes. 1. Short title This Act may be cited as the Correctional Facilities Occupational Safety and Health Act of 2023 2. Coverage of incarcerated workers under the Occupational Safety and Health Act of 1970 (a) Definition of correctional facility Section 3 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652 (15) The term correctional facility 34 U.S.C. 10251(a) . (b) State plans Section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 (1) in subsection (c)— (A) in paragraph (6), by striking political subdivisions, political subdivisions and to all incarcerated workers, (B) in paragraph (7)— (i) by striking (7) requires (7)(A) requires (ii) by adding at the end the following: (B) requires the State to ensure that any public agency of the State (or of a political subdivision of the State) operating a correctional facility or contracting with a private entity to operate such a facility, shall, not later than 2 years after the date of enactment of the Correctional Facilities Occupational Safety and Health Act of 2023 (i) the workplace safety and health conditions at each such facility, and (ii) any potential noncompliance of each such facility with the safety and health standards under the State plan, and ; and (2) by adding at the end the following: (i) Definition of incarcerated worker In this section, the term incarcerated worker . (c) Federal prisons Section 19 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 668 (e) Bureau of Prisons (1) In general The Director of the Bureau of Prisons shall— (A) ensure that the occupational safety and health program established and maintained by the Director under subsection (a) shall apply with respect to incarcerated workers in the same manner as the program applies to employees of the Bureau of Prisons; and (B) agree to submit, not later than 2 years after the date of enactment of the Correctional Facilities Occupational Safety and Health Act of 2023 (i) the workplace safety and health conditions at any correctional facility operated by the Bureau of Prisons or a private entity contracting with Bureau of Prisons; (ii) any injury or death of any employee or incarcerated worker while performing labor with respect to such facility; and (iii) any potential noncompliance of any such facility of such occupational safety and health program. (2) Definition of incarcerated worker In this section, the term incarcerated worker . 3. Incentives for States to enact protections for incarcerated workers Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. (1) in section 501 ( 34 U.S.C. 10152 (i) Annual report on workplace safety and health conditions Not later than 2 years after the date of enactment of the Correctional Facilities Occupational Safety and Health Act of 2023 (1) the workplace safety and health conditions at each such correctional facility; (2) any injury or death of any employee or incarcerated worker while performing work with respect to any such correctional facility; and (3) any potential noncompliance of any such correctional facility with the occupational safety and health standards that apply to the correctional facility. ; (2) in section 502 ( 34 U.S.C. 10153 (A) by striking ( A In general (a) In general (B) in subsection (a), by adding at the end the following: (7) A certification, to be verified by the Attorney General, in consultation with the Assistant Secretary of Labor for Occupational Safety and Health, that— (A) the State or unit of local government— (i) has provided workplace safety and health protections for incarcerated workers in correctional facilities, either by legislative or executive action, that are at least as effective in providing safe and healthful employment and places of employment for incarcerated workers as the comprehensive occupational safety and health programs established by States under section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 (ii) not later than the last day of the fiscal year following the fiscal year to which the application relates, will have provided the protections described in clause (i), with the limitation that a certification under this clause may only be submitted one time; and (B) an appropriate State or local agency monitors and enforces or will monitor or enforce, as applicable, the safety and health protections described in subparagraph (A)(i). ; (3) in section 506 ( 34 U.S.C. 10157 (c) Of the total amount made available to carry out this subpart for a fiscal year, the Attorney General, in consultation with the Assistant Secretary of Labor for Occupational Safety and Health, shall reserve not less than $20,000,000 for use by States and units of local government to establish and implement workplace safety and health protections for incarcerated workers in correctional facilities. ; and (4) in section 901(a) ( 34 U.S.C. 10251(a) (A) in paragraph (27), by striking and (B) in paragraph (28), by striking the period at the end and adding ; and (C) by inserting after paragraph (28) the following: (29) the term incarcerated worker . 4. Grants to assist States in covering incarcerated workers (a) In general The Secretary of Labor shall establish a grant program to award a grant to each State that submits an application satisfying the requirements under subsection (b) to assist the State in amending the occupational safety and health laws of the State to cover incarcerated workers and to enforce those laws as appropriate through inspections, investigations, citations, penalties, and other enforcement mechanisms. (b) Applications A State seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (c) Definition of incarcerated worker In this section, the term incarcerated worker 29 U.S.C. 667(i) (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2024 through 2029, to remain available until expended.

Correctional Facilities Occupational Safety and Health Act of 2023

American Beef Labeling Act of 2023 This bill reinstates mandatory country-of-origin labeling requirements for beef. Specifically, the bill requires the Office of the U.S. Trade Representative (USTR) to develop a means of reinstating the requirements that complies with the rules of the World Trade Organization. The USTR and the Department of Agriculture must implement the means within one year.

118 S52 IS: American Beef Labeling 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. 52 IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Thune Mr. Tester Mr. Rounds Mr. Booker Ms. Lummis Mrs. Gillibrand Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Marketing Act of 1946 to establish country of origin labeling requirements for beef, and for other purposes. 1. Short title This Act may be cited as the American Beef Labeling Act of 2023 2. Country of origin labeling for beef (a) Definitions Section 281 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638 (1) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following: (1) Beef The term beef ; and (3) in subparagraph (A) of paragraph (2) (as so redesignated)— (A) in clause (i), by inserting , beef, lamb (B) in clause (ii), by inserting , ground beef, lamb (b) Notice of country of origin Section 282(a)(2) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638a(a)(2) (1) in the paragraph heading, by inserting beef, for (2) in each of subparagraphs (A) through (D), by inserting beef, lamb (3) in subparagraph (E)— (A) in the subparagraph heading, by inserting beef, Ground (B) by inserting ground beef, ground lamb (c) Means of reinstating MCOOL for beef (1) Determination of means Not later than 180 days after the date of enactment of this Act, the United States Trade Representative, in consultation with the Secretary of Agriculture, shall determine a means of reinstating mandatory country of origin labeling for beef in accordance with the amendments made by subsections (a) and (b) that is in compliance with all applicable rules of the World Trade Organization. (2) Implementation of means Not later than 1 year after the date of enactment of this Act, the United States Trade Representative and the Secretary of Agriculture shall implement the means determined under paragraph (1). (d) Effective date The amendments made by subsections (a) and (b) take effect on the earlier of— (1) the date on which the Secretary of Agriculture publishes a determination in the Federal Register that the means determined under paragraph (1) of subsection (c) have been implemented under paragraph (2) of that subsection; and (2) the date that is 1 year after the date of enactment of this Act.

American Beef Labeling Act of 2023

No CCP (Chinese Communist Police) in the United States Act of 2023 This bill requires the Department of State and the Federal of Bureau of Investigation (FBI) to provide notifications and public information about certain Chinese police-related activities outside of China. The State Department must publish (and keep updated) on its travel alert systems a list of all countries that have a bilateral security agreement or joint police initiative with the Chinese government or the Chinese Communist Party (CCP). The FBI must annually brief Congress on the Chinese government's presence internationally through bilateral security agreements and joint police initiatives. Furthermore, if the FBI discovers in the United States a police station operated by China's government or the CCP, the FBI must (1) notify the applicable state and local law enforcement agencies within 24 hours of the discovery, (2) notify the public through law enforcement bulletin within 72 hours of the discovery, (3) provide a briefing to Congress within 15 days of the discovery, and (4) provide periodic updates to Congress after the initial briefing.

118 S520 IS: No CCP (Chinese Communist Police) in the United States 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. 520 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Scott of Florida Mr. Tillis Mr. Braun Committee on Foreign Relations A BILL To provide for greater transparency about China's bilateral security agreements and joint police initiatives, and for other purposes. 1. Short title This Act may be cited as the No CCP (Chinese Communist Police) in the United States Act of 2023 2. Transparency regarding Chinese bilateral security agreements and joint police initiatives (a) Department of State publication The Secretary of State, in coordination with the Director of the Federal Bureau of Investigation, shall publish on the Department of State website and any other travel alert system operated by the Department of State a list of all countries that have a bilateral security agreement or joint police initiative with the Government of the People's Republic of China or the Chinese Communist Party. The Secretary shall update the list not less frequently than every 6 months. (b) FBI Briefing The Director of the Federal Bureau of Investigation shall provide an annual briefing to the appropriate congressional committees on the People's Republic of China’s widespread presence internationally through bilateral security agreements and joint police initiatives. 3. Notification of State and local law enforcement, public, and Congress regarding Chinese police stations If the Federal Bureau of Investigation discovers a police station operated by the People's Republic of China or the Chinese Communist Party within the United States, the Director of the Bureau shall— (1) not later than 24 hours after the discovery, notify the applicable State and local law enforcement agencies; (2) not later than 72 hours after the discovery, notify the public through a law enforcement bulletin; and (3) (A) not later than 15 days after the discovery, provide a briefing to the appropriate congressional committees; and (B) after the briefing under subparagraph (A), provide the appropriate congressional committees with a situational update not less frequently than once every 60 days. 4. Appropriate congressional committees defined In this Act, the term appropriate congressional committees (1) the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate; and (2) the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives.

No CCP (Chinese Communist Police) in the United States Act of 2023

Lumbee Fairness Act This bill extends federal recognition to the Lumbee Tribe of North Carolina and makes its members eligible for the services and benefits provided to members of federally recognized tribes. Members of the tribe residing in Robeson, Cumberland, Hoke, and Scotland Counties in North Carolina are deemed to be within the delivery area for such services. The Department of the Interior and the Department of Health and Human Services must develop, in consultation with the tribe, a determination of needs to provide the services for which members of the tribe are eligible. Interior may take land into trust for the benefit of the tribe. Finally, North Carolina must exercise jurisdiction over all criminal offenses committed, and all civil actions that arise, on North Carolina lands owned by, or held in trust for, the Lumbee Tribe or any dependent Indian community of the tribe unless jurisdiction is transferred to the United States pursuant to an agreement between the tribe and the state.

118 S521 IS: Lumbee Fairness 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. 521 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Tillis Mr. Budd Committee on Indian Affairs A BILL To amend the Lumbee Act of 1956. 1. Short title This Act may be cited as the Lumbee Fairness Act 2. Federal recognition The Act of June 7, 1956 (70 Stat. 254, chapter 375), is amended— (1) by striking section 2; (2) in the first sentence of the first section, by striking That the Indians 3. Designation of Lumbee Indians The Indians ; (3) in the preamble— (A) by inserting before the first undesignated clause the following: 1. Findings Congress finds that— ; (B) by designating the undesignated clauses as paragraphs (1) through (4), respectively, and indenting appropriately; (C) by striking Whereas (D) by striking and (E) in paragraph (4) (as so designated), by striking : Now, therefore, (4) by moving the enacting clause so as to appear before section 1 (as so designated); (5) by striking the last sentence of section 3 (as designated by paragraph (2)); (6) by inserting before section 3 (as designated by paragraph (2)) the following: 2. Definitions In this Act: (1) Secretary The term Secretary (2) Tribe The term Tribe ; and (7) by adding at the end the following: 4. Federal recognition (a) In general Federal recognition is extended to the Tribe (as designated as petitioner number 65 by the Office of Federal Acknowledgment). (b) Applicability of laws All laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Tribe and its members. (c) Petition for acknowledgment Notwithstanding section 3, any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Tribe (as determined under section 5(d)) may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgment of tribal existence. 5. Eligibility for Federal services (a) In general The Tribe and its members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes. (b) Service area For the purpose of the delivery of Federal services and benefits described in subsection (a), those members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation. (c) Determination of needs On verification by the Secretary of a tribal roll under subsection (d), the Secretary and the Secretary of Health and Human Services shall— (1) develop, in consultation with the Tribe, a determination of needs to provide the services for which members of the Tribe are eligible; and (2) after the tribal roll is verified, each submit to Congress a written statement of those needs. (d) Tribal roll (1) In general For purpose of the delivery of Federal services and benefits described in subsection (a), the tribal roll in effect on the date of enactment of this section shall, subject to verification by the Secretary, define the service population of the Tribe. (2) Verification limitation and deadline The verification by the Secretary under paragraph (1) shall— (A) be limited to confirming documentary proof of compliance with the membership criteria set out in the constitution of the Tribe adopted on November 16, 2001; and (B) be completed not later than 2 years after the submission of a digitized roll with supporting documentary proof by the Tribe to the Secretary. 6. Authorization to take land into trust (a) In general Notwithstanding any other provision of law, the Secretary is hereby authorized to take land into trust for the benefit of the Tribe. (b) Treatment of certain land An application to take into trust land located within Robeson County, North Carolina, under this section shall be treated by the Secretary as an on reservation 7. Jurisdiction of State of North Carolina (a) In general With respect to land located within the State of North Carolina that is owned by, or held in trust by the United States for the benefit of, the Tribe, or any dependent Indian community of the Tribe, the State of North Carolina shall exercise jurisdiction over— (1) all criminal offenses that are committed; and (2) all civil actions that arise. (b) Transfer of jurisdiction (1) In general Subject to paragraph (2), the Secretary may accept on behalf of the United States, after consulting with the Attorney General of the United States, any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in subsection (a) over Indian country occupied by the Tribe pursuant to an agreement between the Tribe and the State of North Carolina. (2) Restriction A transfer of jurisdiction described in paragraph (1) may not take effect until 2 years after the effective date of the agreement described in that paragraph. (c) Effect Nothing in this section affects the application of section 109 of the Indian Child Welfare Act of 1978 ( 25 U.S.C. 1919 8. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this Act. .

Lumbee Fairness Act

Freedom to Invest in a Sustainable Future Act This bill provides statutory authority for fiduciaries of employer-sponsored retirement plans to consider environmental, social, governance, or similar factors when making investment decisions.

118 S523 IS: Freedom to Invest in a Sustainable Future 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. 523 IN THE SENATE OF THE UNITED STATES February 16, 2023 Ms. Smith Mrs. Murray Mrs. Feinstein Mr. Blumenthal Mr. Durbin Ms. Warren Mr. Sanders Mr. Wyden Mr. Markey Committee on Health, Education, Labor, and Pensions A BILL To amend the Employee Retirement Income Security Act of 1974 to permit retirement plans to consider certain factors in investment decisions. 1. Short title This Act may be cited as the Freedom to Invest in a Sustainable Future Act 2. ERISA amendments Subsection (a) of section 404 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104 (3) (A) Provided that a fiduciary discharges the fiduciary's duties with respect to a plan in a manner otherwise consistent with this subsection, a fiduciary may— (i) consider environmental, social, governance, or similar factors, in connection with carrying out an investment decision, strategy, or objective, or other fiduciary act; and (ii) consider collateral environmental, social, governance, or similar factors as tie-breakers when competing investments can reasonably be expected to serve the plan’s economic interests equally well with respect to expected return and risk over the appropriate time horizon. (B) In a case described in clause (i) or (ii) of subparagraph (A), a fiduciary shall not be required to maintain any greater documentation, substantiation, or other justification of the fiduciary’s actions relating to such fiduciary act than is otherwise required under this part. (C) Nothing in this part shall preclude an investment selected in accordance with clause (i) or (ii) of subparagraph (A) from being treated as a default investment or a component of such a default investment (as described in regulations issued by the Secretary under subsection (c)(5)(A)), if such investment would otherwise qualify for such treatment under such regulations. .

Freedom to Invest in a Sustainable Future Act

Families Fly Together Act of 2023 This bill requires all air carriers that provide air transportation to ensure children age 13 and under are seated adjacent to their family members on flights without mandating extra fees. Additionally, the Department of Transportation must investigate and publish data regarding violations of the requirement.

118 S525 IS: Families Fly Together 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. 525 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Markey Mr. Schumer Ms. Klobuchar Mr. Blumenthal Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to ensure that a child can sit next to a family member on a flight at no additional cost. 1. Short title This Act may be cited as the Families Fly Together Act of 2023 2. Ensuring that a child can sit next to a family member on a flight at no additional cost (a) In general Subchapter I of chapter 417 41727. Ensuring that a child can sit next to a family member on a flight at no additional cost (a) In general Beginning on the date that is 6 months after the date of enactment of this section, each air carrier providing air transportation shall ensure that a child, who is age 13 or under on the date the flight is scheduled to occur, is able to be seated in a seat adjacent to the seat of an accompanying family member at no additional cost to the base fare price. (b) Investigations of complaints (1) In general The Secretary of Transportation shall investigate each complaint of a violation of the requirement under subsection (a). (2) Publication of data The Secretary of Transportation shall publish data on complaints of violations of the requirement under subsection (a) in a manner comparable to other consumer complaint data. (c) Family member For purposes of subsection (a), the term family member (1) 16 years of age or older; and (2) responsible for accompanying such child, including a parent or legal guardian of such child. . (b) Clerical amendment The analysis for chapter 417 of such title is amended by inserting after the item relating to section 41726 the following: 41727. Ensuring that a child can sit next to a family member on a flight at no additional cost. .

Families Fly Together Act of 2023

Understanding the True Cost of College Act of 2023 This bill requires standardized financial aid terminology and offer forms. Specifically, the Department of Education (ED) must develop standard terminology and a format for financial aid offer forms based on recommendations from representatives of certain groups, including students, veterans, and institutions of higher education (IHEs). The consumer-friendly form must include specified details and disclosures, including the estimated cost of attendance, the net price that a student or family is estimated to pay, and the terms and conditions of financial aid. In addition, ED must (1) test the form with representatives of students, students' families, IHEs, secondary school and postsecondary counselors, and nonprofit consumer groups; and (2) use the results to develop the final form. Each IHE that participates in federal student-aid programs must (1) use the standard form when offering financial aid to students, and (2) use the standard terminology and definitions developed by ED for all communications related to financial aid offers.

118 S528 IS: Understanding the True Cost of College Act of 2023 U.S. Senate 2023-02-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 528 IN THE SENATE OF THE UNITED STATES February 27, 2023 Mr. Grassley Ms. Smith Ms. Ernst Committee on Health, Education, Labor, and Pensions A BILL To require a standard financial aid offer form, and for other purposes. 1. Short title This Act may be cited as the Understanding the True Cost of College Act of 2023 2. Institution Financial Aid Offer Form Section 484 of the Higher Education Opportunity Act ( 20 U.S.C. 1092 484. Institution Financial Aid Offer Form (a) Standard format and terminology The Secretary of Education, in consultation with the heads of relevant Federal agencies, shall develop standard terminology and a standard format for financial aid offer forms based on recommendations from representatives of students, veterans, servicemembers, students’ families, institutions of higher education (including community colleges, for-profit institutions, four year public institutions, and four year private nonprofit institutions), financial aid experts, secondary school and postsecondary counselors, non­profit organizations, and consumer groups. (b) Key required contents for offer form The standard format developed under subsection (a) shall include, in a consumer-friendly manner that is simple and understandable, a form titled Financial Aid Offer (1) Cost information (A) Information on the student's estimated cost of attendance, including the following: (i) Total direct costs, including the component totals each for— (I) tuition and fees, as determined under section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll (II) college-sponsored housing and food costs (as determined based on the costs for room and board under such section). (ii) Total estimated other expenses, including— (I) the component totals each for housing and food costs for students who reside off-campus; and (II) for all students, books, supplies, transportation, and miscellaneous personal expenses (which may include costs of health insurance and dependent care), as determined under section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll (B) An indication of the academic period covered by the financial aid offer, and an explanation that the financial aid offered may change for academic periods not covered by the aid offer or by program. (C) An indication of whether cost and aid estimates are based on full-time or part-time enrollment. (D) An indication, as applicable, about whether the tuition and fees are estimated based on the previous year, or are set, for the academic period indicated in accordance with subparagraph (B). (2) Grants and scholarships The aggregate amount of grants and scholarships by source that the student does not have to repay, such as grant aid offered under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (A) a disclosure that the grants and scholarships do not have to be repaid; and (B) if institutional aid is included— (i) the conditions under which the student can expect to receive similar amounts of such financial aid for each academic period the student is enrolled at the institution; and (ii) whether the institutional aid offer may change if grants or scholarships from outside sources are applied after the student receives the offer form, and, if applicable, how that aid will change. (3) Net price (A) The net price that the student, or the student's family on behalf of the student, is estimated to have to pay for the student to attend the institution for such academic period, equal to— (i) the cost of attendance as described in paragraph (1)(A) for the student for the period indicated in paragraph (1)(B); minus (ii) the amount of grant aid described in paragraph (2) that is included in the financial aid offer form. (B) A disclosure that the net price is an estimate of the total expenses for the year and not equivalent to the amount the student will owe directly to the institution. (4) Loans (A) Information on any loan under part D or part E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. 20 U.S.C. 1087aa et seq. (i) with clear use of the word loan (ii) with clear labeling of subsidized and unsubsidized loans. (B) A disclosure that such loans have to be repaid and a disclosure that the student can borrow a lesser or, if applicable, greater amount than the recommended loan amount. (C) A disclosure that the interest rates and fees on such loans are set annually and affect total cost over time, and a link to a Department of Education website that includes current information on interest rates and fees. (D) A link to the Department of Education's repayment calculator website for students with instruction that this website contains customizable estimates of expected repayment costs under different loan repayment plans. (5) Process for accepting or declining aid and next steps (A) The deadlines and a summary of the process (including the next steps) for— (i) accepting the financial aid offered in the financial aid offer form; (ii) requesting higher loan amounts if recommended loan amounts were included; and (iii) declining aid offered in the form. (B) Information on when and how direct costs to the institution must be paid. (C) A disclosure that verification of financial circumstances may require the student to submit further documentation. (D) Information about where a student or the student’s family can seek additional information regarding the financial aid offered, including contact information for the institution’s financial aid office and the Department of Education’s website on financial aid. (6) Additional information Any other information the Secretary of Education, in consultation with the heads of relevant Federal agencies, including the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, determines necessary (based on the results of the consumer testing under paragraph (g)(2)) so that students and parents can make informed loan borrowing decisions, which may include— (A) the most recent cohort default rate, as defined in section 435(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1085(m) (B) the percentage of students at the institution who borrow student loans; (C) the median loan debt at graduation for students at the institution (clearly marked as including only Federal loans if private loan data are not available to be included); and (D) any additional calculations determined necessary for ensuring that students understand full college costs, financial aid gaps, and options for covering those gaps. (c) Other required contents for the offer form The standard form developed under subsection (a) shall include, in addition to the information described in subsection (b), the following information to be included on the financial aid offer form in a concise format determined by the Secretary of Education, in consultation with the heads of relevant Federal agencies: (1) At the institution’s discretion— (A) additional options and potential resources for paying for the amount listed in subsection (b)(3), such as tuition payment plans; and (B) a disclosure that Federal Direct PLUS Loans or private education loans may be available to cover remaining need, except that the institution may not include an amount for Federal Direct PLUS Loans or private education loans and must include a disclosure for Federal Direct PLUS Loans that such loans are subject to an additional application process, and a disclosure that both types of loans have to be repaid by the borrower, and may not be eligible for all the benefits available for Federal Direct Stafford Loans or Federal Direct Unsubsidized Stafford Loans. (2) The following information relating to private student loans: (A) A statement that students considering borrowing to cover the cost of attendance should consider available Federal student loans prior to applying for private education loans, including an explanation that Federal student loans offer generally more favorable terms and beneficial repayment options than private loans. (B) The impact of a proposed private education loan on the student’s potential eligibility for other financial assistance, including Federal financial assistance under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (C) A statement explaining the student’s ability to select a private educational lender of the student’s choice. (3) Information on work-study employment opportunities, offered in accordance with part C of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087–51 et seq. (d) Additional requirements for financial aid offer form The financial aid offer form shall meet the following requirements: (1) Include, in addition to the requirements described in subsections (b) and (c), a concise summary, in plain language, of— (A) the terms and conditions of financial aid recommended under paragraphs (2) and (4) of subsection (b) and subsection (c)(3), and a method to provide students with additional information about such terms and conditions, such as links to the supplementary information; and (B) Federal, State, or institutional conditions required to receive and renew financial aid and a method to provide students with additional information about these conditions, such as links to the supplementary information. (2) Clearly distinguish between the aid offered under paragraphs (2) and (4) of subsection (b) and subsection (c)(3), by including a subtotal for the aid offered in each of such paragraphs and by refraining from commingling the different types of aid described in such paragraphs. (3) Use standard terminology and definitions, as described in subsection (e)(1) and use plain language where possible. (4) If an institution’s recommended Federal student loan aid offered in subsection (b)(4) is less than the Federal maximum available to the student, the institution shall provide additional information on Federal student loans, including the types and amounts for which the student is eligible in an attached document or webpage. (5) Use the standard offer form described in subsection (e)(2). (6) Include the standardized statement regarding the possible availability of Federal education benefits, as established by the Secretary in accordance with subsection (e)(3). (7) Include a delivery confirmation for electronic financial aid offer forms, except that receipt of the financial aid offer form shall not be considered an acceptance or rejection of aid by the student. (8) With respect to dependent students, any reference to private education loans shall be accompanied by— (A) information about the availability of, and terms and conditions associated with, Federal Direct PLUS Loans under section 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e (B) a notification of the student’s increased eligibility for Federal student loans under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (e) Standard information established by the Secretary (1) Standard terminology Not later than 3 months after the date of enactment of the Understanding the True Cost of College Act of 2023 (2) Standard form (A) In general The Secretary of Education shall develop multiple draft financial aid offer forms for consumer testing, carry out consumer testing for such forms, and establish a finalized standard financial aid offer form, in accordance with the process established in subsection (g) and the requirements of this section. (B) Separate financial aid offer forms The Secretary may develop separate financial aid offer forms for— (i) undergraduate students and graduate students; and (ii) first-time students and returning students. (3) Additional benefits The Secretary of Education, in consultation with the heads of relevant Federal agencies, including the Secretary of the Treasury, the Secretary of Veterans Affairs, the Secretary of Defense, and the Director of the Consumer Financial Protection Bureau, shall establish standard language notifying students that they may be eligible for education benefits (and where students can locate more information about such benefits) including benefits in accordance with each of the following: (A) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. (B) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. (C) Section 1784a, 2005, or 2007 of title 10, United States Code. (f) Supplemental information; removal of information (1) Nothing in this section shall preclude an institution from supplementing the financial aid offer form with additional information if such additional information supplements the financial aid offer form and is not located on the financial aid offer form, and provided such information utilizes the same standard terminology identified in subsection (e)(1). (2) Nothing in this section shall preclude an institution from deleting a required item if the student is ineligible for such aid. (g) Development of financial aid offer form (1) Draft form Not later than 9 months after the date of enactment of the Understanding the True Cost of College Act of 2023 (A) that the headings described in paragraphs (1) through (4) of subsection (b) is in the same font, appears in the same order, and is displayed prominently on the financial aid offer form, such that none of that information is inappropriately omitted or de-emphasized; (B) that the other information required in subsection (b) appears in a standard format and design on the financial aid offer form; and (C) that the institution may include a logo or brand alongside the title of the financial aid offer form. (2) Consumer testing (A) In general Not later than 9 months after the date of enactment of the Understanding the True Cost of College Act of 2023 (B) Pilot During such consumer testing, the Secretary shall ensure that not less than 16 and not more than 24 eligible institutions use the draft forms developed under paragraph (1), including institutions— (i) that reflect a proportionate representation (based on the total number of students enrolled in postsecondary education) of community colleges, for-profit institutions, four year public institutions, and four year private nonprofit institutions; and (ii) that reflect geographic diversity. (C) Length of consumer testing The Secretary of Education shall ensure that the consumer testing under this paragraph lasts no longer than 8 months after the process for consumer testing is developed under subparagraph (A). (3) Final form (A) In general The results of consumer testing under paragraph (2) shall be used in the final development of the financial aid offer form. (B) Reporting requirement Not later than 3 months after the date the consumer testing under paragraph (2) concludes, the Secretary of Education shall submit to Congress and publish on its website the final standard financial aid offer form and a report detailing the results of such testing, including whether the Secretary of Education added any additional items to the standard financial aid offer form pursuant to subsection (b)(6). (4) Authority to modify The Secretary of Education may modify the definitions, terms, formatting, and design of the financial aid offer form based on the results of consumer testing required under this subsection and before finalizing the form, or in subsequent consumer testing. The Secretary may also recommend additional changes to Congress. . 3. Mandatory form Part B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq. 124. Use of mandatory financial aid offer form and terms (a) In general Notwithstanding any other provision of law, each institution of higher education that receives Federal financial assistance under this Act shall— (1) use the financial aid offer form developed under section 484 of the Higher Education Opportunity Act ( 20 U.S.C. 1092 (2) use the standard terminology and definitions developed by the Secretary of Education under subsection (e)(1) of that Act for all communications from the institution related to financial aid offers. (b) Effective dates The requirements under this section shall take effect at the start of the first award year after the Secretary of Education finalizes the standard terminology and form developed in accordance with section 484 of the Higher Education Opportunity Act ( 20 U.S.C. 1092 . (c) Administrative procedures Section 492 of the Higher Education Act ( 20 U.S.C. 1098a .

Understanding the True Cost of College Act of 2023

Combating Global Corruption Act of 2023 This bill requires the Department of State to address corruption in foreign governments. The State Department must annually publish a tiered ranking of foreign countries based on their government's efforts to eliminate corruption. The bill outlines the minimum standards that the State Department must consider when creating the ranking, such as whether a country has criminalized corruption, adopted measures to prevent corruption, and complied with the United Nations Convention Against Corruption and other relevant international agreements. Tier one countries meet the standards; tier two countries make some efforts to meet the standards; tier three countries make de minimis or no efforts to meet the standards. If a country is ranked in the second or third tier, the State Department must designate an anti-corruption contact at the U.S. diplomatic post in that country to promote good governance and combat corruption. The State Department must report annually to Congress a list of foreign persons (individuals or entities) (1) who have engaged in significant corruption in a tier three country, and (2) upon whom the President has imposed sanctions pursuant to this bill.

114 S53 IS: Combating Global Corruption 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. 53 IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Cardin Mr. Young Committee on Foreign Relations A BILL To identify and combat corruption in countries, to establish a tiered list of countries with respect to levels of corruption by their governments and their efforts to combat such corruption, and to evaluate whether foreign persons engaged in significant corruption should be specially designated nationals under the Global Magnitsky Human Rights Accountability Act. 1. Short title This Act may be cited as the Combating Global Corruption Act of 2023 2. Definitions In this Act: (1) Corrupt actor The term corrupt actor (A) any foreign person or entity that is a government official or government entity responsible for, or complicit in, an act of corruption; and (B) any company, in which a person or entity described in subparagraph (A) has a significant stake, which is responsible for, or complicit in, an act of corruption. (2) Corruption The term corruption (3) Significant corruption The term significant corruption (A) illegitimately distorts major decision-making, such as policy or resource determinations, or other fundamental functions of governance; and (B) involves economically or socially large-scale government activities. 3. Publication of tiered ranking list (a) In general The Secretary of State shall annually publish, on a publicly accessible website, a tiered ranking of all foreign countries. (b) Tier 1 countries A country shall be ranked as a tier 1 country in the ranking published under subsection (a) if the government of such country is complying with the minimum standards set forth in section 4. (c) Tier 2 countries A country shall be ranked as a tier 2 country in the ranking published under subsection (a) if the government of such country is making efforts to comply with the minimum standards set forth in section 4, but is not achieving the requisite level of compliance to be ranked as a tier 1 country. (d) Tier 3 countries A country shall be ranked as a tier 3 country in the ranking published under subsection (a) if the government of such country is making de minimis or no efforts to comply with the minimum standards set forth in section 4. 4. Minimum standards for the elimination of corruption and assessment of efforts to combat corruption (a) In general The government of a country is complying with the minimum standards for the elimination of corruption if the government— (1) has enacted and implemented laws and established government structures, policies, and practices that prohibit and generally deter corruption, including significant corruption; (2) enforces the laws described in paragraph (1) by punishing any person who is found, through a fair judicial process, to have violated such laws; (3) prescribes punishment for significant corruption that is commensurate with the punishment prescribed for serious crimes; and (4) is making serious and sustained efforts to address corruption, including through prevention. (b) Factors for assessing government efforts To combat corruption In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider, to the extent relevant or appropriate, factors such as— (1) whether the government of the country has criminalized corruption, investigates and prosecutes acts of corruption, and convicts and sentences persons responsible for such acts over which it has jurisdiction, including, as appropriate, incarcerating individuals convicted of such acts; (2) whether the government of the country vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate corruption, including nationals of the country who are deployed in foreign military assignments, trade delegations abroad, or other similar missions, who engage in or facilitate significant corruption; (3) whether the government of the country has adopted measures to prevent corruption, such as measures to inform and educate the public, including potential victims, about the causes and consequences of corruption; (4) whether the government of the country has taken steps to prohibit government officials from participating in, facilitating, or condoning corruption, including the investigation, prosecution, and conviction of such officials; (5) the extent to which the country provides access, or, as appropriate, makes adequate resources available, to civil society organizations and other institutions to combat corruption, including reporting, investigating, and monitoring; (6) whether an independent judiciary or judicial body in the country is responsible for, and effectively capable of, deciding corruption cases impartially, on the basis of facts and in accordance with the law, without any improper restrictions, influences, inducements, pressures, threats, or interferences (direct or indirect); (7) whether the government of the country is assisting in international investigations of transnational corruption networks and in other cooperative efforts to combat significant corruption, including, as appropriate, cooperating with the governments of other countries to extradite corrupt actors; (8) whether the government of the country recognizes the rights of victims of corruption, ensures their access to justice, and takes steps to prevent victims from being further victimized or persecuted by corrupt actors, government officials, or others; (9) whether the government of the country protects victims of corruption or whistleblowers from reprisal due to such persons having assisted in exposing corruption, and refrains from other discriminatory treatment of such persons; (10) whether the government of the country is willing and able to recover and, as appropriate, return the proceeds of corruption; (11) whether the government of the country is taking steps to implement financial transparency measures in line with the Financial Action Task Force recommendations, including due diligence and beneficial ownership transparency requirements; (12) whether the government of the country is facilitating corruption in other countries in connection with state-directed investment, loans or grants for major infrastructure, or other initiatives; and (13) such other information relating to corruption as the Secretary of State considers appropriate. (c) Assessing government efforts To combat corruption in relation to relevant international commitments In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider the government of a country’s compliance with the following, as relevant: (1) The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996. (2) The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organisation of Economic Co-operation and Development, done at Paris December 21, 1997 (commonly referred to as the Anti-Bribery Convention (3) The United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000. (4) The United Nations Convention against Corruption, done at New York October 31, 2003. (5) Such other treaties, agreements, and international standards as the Secretary of State considers appropriate. 5. Imposition of sanctions under Global Magnitsky Human Rights Accountability Act (a) In general The Secretary of State, in coordination with the Secretary of the Treasury, should evaluate whether there are foreign persons engaged in significant corruption for the purposes of potential imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328 22 U.S.C. 2656 (b) Report required Not later than 180 days after publishing the list required by section 3(a) and annually thereafter, the Secretary of State shall submit to the committees specified in subsection (e) a report that includes— (1) a list of foreign persons with respect to which the President imposed sanctions pursuant to the evaluation under subsection (a); (2) the dates on which such sanctions were imposed; and (3) the reasons for imposing such sanctions. (c) Form of report Each report required by subsection (b) shall be submitted in unclassified form but may include a classified annex. (d) Briefing in lieu of report The Secretary of State, in coordination with the Secretary of the Treasury, may provide a briefing to the committees specified in subsection (e) instead of submitting a written report required under subsection (b), if doing so would better serve existing United States anti-corruption efforts or the national interests of the United States. (e) Committees specified The committees specified in this subsection are— (1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives. 6. Designation of embassy anti-corruption points of contact (a) In general The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 3, or which the Secretary otherwise determines is in need of such a point of contact. The point of contact shall be the chief of mission or the chief of mission's designee. (b) Responsibilities Each anti-corruption point of contact designated under subsection (a) shall be responsible for enhancing coordination and promoting the implementation of a whole-of-government approach among the relevant Federal departments and agencies undertaking efforts to— (1) promote good governance in foreign countries; and (2) enhance the ability of such countries— (A) to combat public corruption; and (B) to develop and implement corruption risk assessment tools and mitigation strategies. (c) Training The Secretary of State shall implement appropriate training for anti-corruption points of contact designated under subsection (a).

Combating Global Corruption Act of 2023

Know Before You Owe Federal Student Loan Act of 2023 This bill expands lender disclosure requirements and revises loan counseling requirements. First, the bill requires a lender to provide a quarterly statement to a Federal Family Education Loan or Direct Loan borrower during a period when loan payments are not required. The statement must include specified information on the loan and interest amounts and explain the option to pay accrued interest while in deferment or forbearance. In addition, the bill requires an institution of higher education (IHE) that participates in federal student-aid programs to provide pre-loan counseling to a student borrower of a federal student loan upon or prior to the first disbursement of each new loan. Currently, an IHE must provide one-time entrance counseling to a student who is a first-time federal student loan borrower. The bill also revises and expands required elements of pre-loan counseling to include an estimate of the borrower's monthly payment amount compared to the borrower's estimated monthly income after taxes and other expenses, a statement to borrow the minimum necessary amount, a warning that a high debt-to-income ratio makes repayment more difficult, options to reduce borrowing, and an explanation of the importance of on-time graduation. Prior to certifying a Federal Direct Loan disbursement to a student, an IHE must ensure that the student manually enters the exact dollar amount of the loan.

118 S530 IS: Know Before You Owe Federal Student Loan Act of 2023 U.S. Senate 2023-02-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 530 IN THE SENATE OF THE UNITED STATES February 27, 2023 Mr. Grassley Ms. Smith Committee on Health, Education, Labor, and Pensions A BILL To revise counseling requirements for certain borrowers of student loans, and for other purposes. 1. Short title This Act may be cited as the Know Before You Owe Federal Student Loan Act of 2023 2. Pre-loan counseling and certification of loan amount Section 485(l) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(l) (1) in the subsection heading, by striking Entrance Counseling Pre-Loan Counseling (2) in paragraph (1)(A)— (A) in the matter preceding clause (i), by striking a disbursement to a first-time borrower of a loan the first disbursement of each new loan (or the first disbursement in each award year if more than one new loan is obtained in the same award year) (B) in clause (ii)(I), by striking an entrance counseling a counseling (3) in paragraph (2)— (A) by striking subparagraph (G) and inserting the following: (G) An estimate of the borrower's monthly payment amount compared to the borrower's estimated monthly income after taxes, after living expenses (using Consumer Expenditure Survey data from the Bureau of Labor Statistics), after estimated health insurance costs, and after any other relevant expenses, based on— (i) the best available data on starting wages for the borrower's program of study, if available; and (ii) the estimated total student loan debt of the borrower, including— (I) Federal debt; (II) to the best of the institution's knowledge, private loan debt already incurred; and (III) the estimated future debt required to complete the program of study. ; and (B) by adding at the end the following: (L) A statement that the borrower should borrow the minimum amount necessary to cover expenses and that the borrower does not have to accept the full amount of loans for which the borrower is eligible. (M) A warning that the higher the borrower’s debt-to-income ratio is, the more difficulty the borrower is likely to experience in repaying the loan. (N) Options for reducing borrowing through scholarships, reduced expenses, work-study, or other work opportunities. (O) An explanation of the importance of graduating on time to avoid additional borrowing, what course load is necessary to graduate on time, and information on how adding an additional year of study impacts total indebtedness. ; and (4) by adding at the end the following: (3) (A) In addition to the other requirements of this subsection and in accordance with subparagraph (B), each eligible institution shall ensure that the student manually enter, either in writing or through electronic means, the exact dollar amount of Federal Direct Loan funding under part D that such student desires to borrow. (B) The eligible institution shall ensure that the student carries out the activity described in subparagraph (A)— (i) in the course of the process used by the institution for students to accept a student loan award; (ii) prior to the institution certifying a Federal Direct Loan under part D for disbursement to a student (other than a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student); and (iii) after ensuring that the student has completed all of the pre-loan counseling requirements under this subsection. . 3. Required periodic disclosures during periods when loan payments are not required Section 433 of the Higher Education Act of 1965 ( 20 U.S.C. 1083 (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: (f) Required periodic disclosures during periods when loan payments are not required During any period of time when a borrower of one or more loans, made, insured, or guaranteed under this part or part D is not required to make a payment to an eligible lender on the borrower's loan from that eligible lender, such eligible lender shall provide such borrower with a quarterly statement that includes, in simple and understandable terms— (1) the original principal amount of each of the borrower's loans, and the original principal amount of those loans in the aggregate; (2) the borrower's current balance, as of the time of the statement, as applicable; (3) the interest rate on each loan; (4) the total amount the borrower has paid in interest on each loan; (5) the aggregate amount the borrower has paid for each loan, including the amount the borrower has paid in interest, the amount the borrower has paid in fees, and the amount the borrower has paid against the balance; (6) the lender's or loan servicer's address, toll-free phone number, and webpage for payment and billing error purposes, including information about how a borrower can make voluntary payments when a loan is not in repayment status; (7) an explanation— (A) that the borrower has the option to pay the interest that accrues on each loan while the borrower is a student at an institution of higher education or during a period of deferment or forbearance, if applicable; and (B) if the borrower does not pay such interest while attending an institution or during a period of deferment or forbearance, any accumulated interest on the loan will be capitalized when the loan goes into repayment, resulting in more interest being paid over the life of the loan; (8) the amount of interest that has accumulated since the last statement based on the typical installment time period and the aggregate interest accrued to date; and (9) an explanation that making even small payments of any unspecified amount while the borrower is a student at an institution of higher education, or during a period of deferment or forbearance, if applicable, can help to offset interest accrual over the life of the loan. . 4. Conforming amendments (a) Program participation agreements Section 487(e)(2)(B)(ii)(IV) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(e)(2)(B)(ii)(IV) (1) by striking Entrance and exit counseling Pre-loan and exit counseling (2) by striking entrance and exit counseling pre-loan and exit counseling (b) Regulatory relief and improvement Section 487A of the Higher Education Act of 1965 ( 20 U.S.C. 1094a entrance and exit interviews pre-loan and exit interviews

Know Before You Owe Federal Student Loan Act of 2023

Bureau of Land Management Mineral Spacing Act This bill expedites the permitting process for oil and gas drilling on federal land. Specifically, the bill bans the Department of the Interior from requiring a permit to drill for an oil and gas lease under the Mineral Leasing Act for an action occurring within an oil and gas drilling or spacing unit if (1) less than 50% of the minerals within the unit are minerals owned by the federal government, and (2) the federal government does not own or lease the surface estate within the area directly impacted by the action. However, this ban does not apply to certain tribal land. In addition, the bill requires state drilling applicants to notify Interior if their permit or plan would impact or extract federally owned oil or gas. Holders of oil or gas leases must notify Interior when they submit a state permit application to drill.

118 S535 IS: Bureau of Land Management Mineral Spacing Act U.S. Senate 2023-02-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 535 IN THE SENATE OF THE UNITED STATES February 27, 2023 Mr. Hoeven Mr. Barrasso Mr. Cramer Mr. Daines Committee on Energy and Natural Resources A BILL To streamline the oil and gas permitting process and to recognize fee ownership for certain oil and gas drilling or spacing units, and for other purposes. 1. Short title This Act may be cited as the Bureau of Land Management Mineral Spacing Act 2. Compliance with BLM permitting (a) In general Notwithstanding the Mineral Leasing Act ( 30 U.S.C. 181 et seq. 30 U.S.C. 1701 et seq. 30 U.S.C. 181 et seq. (1) less than 50 percent of the minerals within the oil and gas drilling or spacing unit are minerals owned by the Federal Government; and (2) the Federal Government does not own or lease the surface estate within the area directly impacted by the action. (b) Notification For each State permit to drill or drilling plan that would impact or extract oil and gas owned by the Federal Government— (1) each lessee, or designee of a lessee, shall— (A) notify the Secretary of the Interior of the submission of a State application for a permit to drill or drilling plan on submission of the application; and (B) provide a copy of the application described in subparagraph (A) to the Secretary of the Interior not later than 5 days after the date on which the permit or plan is submitted; and (2) each lessee, designee of a lessee, or applicable State shall notify the Secretary of the Interior of the approved State permit to drill or drilling plan not later than 45 days after the date on which the permit or plan is approved. (c) Nonapplicability to Indian lands Subsection (a) shall not apply to Indian lands (as defined in section 3 of the Federal Oil and Gas Royalty Management Act of 1982 ( 30 U.S.C. 1702 (d) Effect Nothing in this section affects— (1) other authorities of the Secretary of the Interior under the Federal Oil and Gas Royalty Management Act of 1982 ( 30 U.S.C. 1701 et seq. (2) the amount of royalties due to the Federal Government from the production of the Federal minerals within the oil and gas drilling or spacing unit.

Bureau of Land Management Mineral Spacing Act

Protect the West Act of 2023 This bill establishes and provides funding for the Restoration and Resilience Grant Program and the Restoration and Resilience Partnership Program. Specifically, the bill establishes in the Treasury an Outdoor and Watershed Restoration Fund to provide funding for such programs. The bill establishes a Restoration Fund Advisory Council to provide recommendations to the Department of Agriculture (USDA) respecting the disbursement of amounts from the fund for the grant program, priority setting for landscapes, and evaluation and monitoring for restoration and resilience project success. The grant program shall provide grants or pay-for-performance contracts to eligible entities (e.g., a state agency, a unit of local government, or a tribal government) for increasing the capacity for planning, coordinating, and monitoring restoration and resilience projects on nonfederal land and providing support for collaboration and monitoring on federal land; and supporting, on nonfederal land, restoration and resilience projects, efforts to improve wildfire resistive construction and reduce risks within the home ignition zone, and projects to expand equitable outdoor access. Under the Restoration and Resilience Partnership Program, USDA shall carry out restoration and resilience projects that reduce wildfire potential, improve community resilience in the wildland-urban interface, or restore wildlife habitat.

118 S540 IS: Protect the West Act of 2023 U.S. Senate 2023-02-28 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 1st Session S. 540 IN THE SENATE OF THE UNITED STATES February 28, 2023 Mr. Bennet Mr. Hickenlooper Mr. Wyden Committee on Agriculture, Nutrition, and Forestry A BILL To establish an Outdoor Restoration Fund for restoration and resilience projects, and for other purposes. 1. Short title This Act may be cited as the Protect the West Act of 2023 2. Definitions In this Act: (1) Council The term Council (2) Covered authority The term covered authority (A) the good neighbor authority established by section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a (B) the Water Source Protection Program under section 303 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6542 (C) the Watershed Condition Framework established under section 304 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6543 (D) the stewardship end result contracting program under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c (E) the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2101 et seq. (F) the Joint Chiefs' Landscape Restoration Partnership program; (G) the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq. (H) the emergency watershed protection program established under section 403 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2203 (I) the Collaborative Forest Landscape Restoration Program established under section 4003 of Public Law 111–11 16 U.S.C. 7303 (J) the legacy roads and trails program of the Department of Agriculture; (K) the working lands for wildlife program of the Department of Agriculture; and (L) a conservation program under title XII of the Food Security Act of 1985 ( 16 U.S.C. 3801 et seq. 16 U.S.C. 3871 et seq. (3) Ecological integrity The term ecological integrity (4) Eligible entity The term eligible entity (A) a State agency; (B) a unit of local government; (C) a Tribal government; (D) a regional government or quasi-governmental organization; (E) a special district; or (F) a nonprofit organization. (5) Fund The term Fund (6) Grant program The term grant program (7) Restoration The term restoration (8) Restoration and resilience project The term restoration and resilience project (A) forest conditions; (B) rangeland and native grassland health; (C) watershed function; or (D) wildlife habitat. (9) Secretary The term Secretary (10) Wildland-urban interface The term wildland-urban interface 16 U.S.C. 6511 3. Outdoor and Watershed Restoration Fund (a) Establishment There is established in the Treasury an Outdoor and Watershed Restoration Fund. (b) Purpose The purpose of the Fund is to provide funding for the grant program and the Restoration and Resilience Partnership Program under section 6. (c) Use Amounts in the Fund shall be used by the Secretary through a transparent process— (1) in coordination with the Council, to carry out the grant program; and (2) to carry out the Restoration and Resilience Partnership Program under section 6. (d) Savings provisions (1) Complementary programs Activities carried out under this Act shall complement, not duplicate or replace, existing Federal conservation, restoration, and resilience programs. (2) Applicable law A restoration and resilience project on Federal land or non-Federal land developed or implemented using amounts provided under this Act shall be carried out in accordance with applicable law and available authorities. (e) Supplement, not supplant Amounts provided under this Act shall supplement, not supplant, any Federal, State, or other funds otherwise made available to an eligible entity for activities described in this Act. (f) Interagency flexibility and leverage To facilitate interagency cooperation and enhance the speed and scale of results of activities carried out using amounts in the Fund— (1) matching funds or cost-sharing requirements of a covered authority may be satisfied through the contribution of funding from— (A) 1 or more other covered authorities; or (B) funds appropriated under section 8; and (2) the Secretary shall modify, expand, or streamline eligibility and verification criteria for covered authorities to maximize flexibility, speed, and use of Federal funds in the most effective manner to achieve outcomes of activities using amounts in the Fund. (g) Pay-for-Performance contract authority In using amounts in the Fund, the Secretary may use a contract, grant agreement, or fixed amount award to purchase successfully implemented restoration and resilience project outcomes from qualifying projects, as determined by the Secretary, at a negotiated per-unit price. (h) Acceptance and use of contributions (1) In general The Secretary of the Treasury, or a designee, may establish in the Treasury an account to accept contributions of non-Federal funds for the Fund. (2) Deposit and use of contributions Contributions of non-Federal funds received for the Fund shall be— (A) deposited into the account established under paragraph (1); and (B) available to the Secretary, without further appropriation and until expended, to carry out activities described in subsection (c). (i) Oversight Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Inspector General of the Department of Agriculture shall prepare and submit to the Committees on Agriculture, Nutrition, and Forestry and Appropriations of the Senate and the Committees on Agriculture, Natural Resources, and Appropriations of the House of Representatives a report describing the use, and any abuse or misuse, as applicable, of the Fund by the Secretary with respect to— (1) the grant program; and (2) the Restoration and Resilience Partnership Program established by section 6. 4. Restoration Fund Advisory Council (a) Establishment There is established a Restoration Fund Advisory Council to provide recommendations to the Secretary with respect to— (1) the disbursement of amounts from the Fund for the grant program; (2) priority-setting for landscapes; and (3) evaluation and monitoring for restoration and resilience project success. (b) Membership The Council shall be composed of— (1) the Secretary; (2) 12 members, to be appointed by the Secretary, of whom— (A) 3 shall be representatives from resource-dependent industries, including the agriculture, oil and gas, outdoor recreation, or forest products industries; (B) 3 shall be national experts from each of the fields of natural resource restoration, economic development, and community and climate resilience; (C) 3 shall be representatives of conservation, wildlife, or watershed organizations; (D) 1 shall be a representative of State government; (E) 1 shall be a representative of a unit of local government; and (F) 1 shall be a representative of a Tribal government; and (3) as determined to be necessary by the Secretary, not more than 3 representatives from other Federal agencies. (c) Report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary, in consultation with the Council, shall submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate and the Committee on Agriculture, the Committee on Natural Resources, and the Committee on Appropriations of the House of Representatives a report describing— (1) the status of any restoration and resilience projects that received amounts from the Fund, including— (A) environmental and climate benefits; (B) restoration achievements; (C) attainment of restoration and habitat improvement objectives; (D) jobs created and retained; (E) the growth in outdoor industries that provide capacity to carry out restoration and resilience projects; and (F) progress towards State-, Tribal-, and community-level resilience goals; and (2) recommendations to improve coordination, align Federal, State, or Tribal resources or existing authorities, and expand workforce capacity in outdoor industries that provide capacity to carry out restoration and resilience projects through legislative and administrative changes. 5. Restoration and Resilience Grant Program (a) Purposes The purposes of this section are— (1) to increase the capacity for— (A) planning, coordinating, and monitoring restoration and resilience projects on non-Federal land; and (B) providing support for collaboration and monitoring on Federal land; and (2) to support, on non-Federal land— (A) restoration and resilience projects; (B) efforts to improve wildfire resistive construction and reduce risks within the home ignition zone; and (C) projects to expand equitable outdoor access. (b) Establishment There is established a restoration and resilience grant program, to be administered by the Secretary, with the guidance of the Council, to provide grants or pay-for-performance contracts from the Fund to eligible entities for the purposes described in subsection (a). (c) Regional coordination The Secretary and the Council shall, to the maximum extent practicable— (1) seek input from and coordinate with State or regional efforts, initiatives, and partnerships to restore ecological integrity on Federal land and non-Federal land; and (2) complement or support existing State or regional efforts, initiatives, and partnerships to restore ecological integrity on Federal land and non-Federal land. (d) Use of funds (1) In general The Secretary shall use amounts in the Fund to provide capacity grants or pay-for-performance contracts under paragraph (2) and implementation grants or pay-for-performance contracts under paragraph (3). (2) Capacity grants (A) In general Capacity grants or pay-for-performance contracts shall be made available to eligible entities for the purpose described in subsection (a)(1). (B) Application (i) In general A grant or pay-for-performance contract under this paragraph may only be made to an eligible entity that submits to the Secretary an application at such time, in such manner, and containing or accompanied by such additional information as the Secretary, in consultation with the Council, may require, including the information required under clause (ii). (ii) Contents An application submitted under clause (i) shall contain— (I) a clear and concise expression of interest; (II) an explanation for how funds would complement existing Federal funds; (III) a description of how the proposed planning, coordinating, or monitoring of restoration and resilience projects would be carried out in accordance with the best available ecological restoration science; and (IV) an estimate of the number and duration of jobs that provide capacity to carry out restoration and resilience projects that would be created, or sustained, with the funds. (C) Condition To the maximum extent practicable, the Secretary shall provide grant-writing training and mentoring opportunities for lower-capacity, less collaborative experience, or underserved communities and organizations to help lower the barriers to participation in, and create more inclusion in and opportunities under, the grant program. (3) Implementation grants (A) In general Implementation grants or pay-for-performance contracts shall be made available to eligible entities for the purpose described in subsection (a)(2). (B) Application A grant or pay-for-performance contract under this paragraph may be made only to an eligible entity that submits to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary, in consultation with the Council, may require. (C) Waiver The Secretary may waive matching requirements under covered authorities for applicants for grants or pay-for-performance contracts under this paragraph representing lower-capacity, less collaborative experience, or underserved communities and organizations and rural communities. (e) Priority In carrying out the grant program, the Secretary, in consultation with the Council, shall give priority to projects that would— (1) create or sustain jobs, employ local or regional labor, or expand the outdoor workforce to provide capacity to carry out restoration and resilience projects or equitable outdoor access through training and education programs; (2) be developed through a collaborative process, relying on the best available social ecological restoration science, with multiple stakeholders representing diverse interests; (3) address shared priorities for Federal and non-Federal partners; (4) advance State, local, and Tribal plans relating to forests, water, wildlife, or equitable outdoor access; (5) utilize watershed data analytics to quantify, prioritize, and measure expected outcomes from proposed restoration activities; (6) be carried out by or in lower-capacity, less collaborative experience, or underserved communities and organizations; or (7) improve long-term economic security in the geographic region through restoration and resilience projects, equitable outdoor access, and the indirect benefits of those projects and access, particularly in geographic regions transitioning from fossil-fuel extraction. (f) Authorities Eligible entities may use existing authorities when carrying out a restoration and resilience project, including a covered authority. 6. Restoration and Resilience Partnership Program (a) Purposes The purposes of this section are— (1) to restore and improve the ecological integrity of forest, grassland, and rangeland ecosystems across the United States in partnership with State, local, and Tribal governments; (2) to create or sustain outdoor jobs by reducing the backlog of restoration and resilience projects on Federal land and non-Federal land; (3) to improve the resilience and carrying capacity of rangelands in the United States by preventing or mitigating invasive species, such as cheatgrass, that contribute to rangeland fire; and (4) to reduce uncharacteristic wildfires in the highest risk areas of the United States by carrying out, in accordance with applicable law, restoration and resilience projects. (b) Establishment There is established a Restoration and Resilience Partnership Program, under which the Secretary shall carry out restoration and resilience projects in partnership areas designated under subsection (c)(1). (c) Designation of partnership areas (1) In general Not later than 60 days after the date of enactment of this Act, the Secretary shall designate, for the purposes of carrying out restoration and resilience projects under subsection (e), any areas of Federal land and non-Federal land that the Secretary determines to be appropriate. (2) Submission of partnership areas by States and Tribes (A) In general The Governor of a State or an authorized representative of an Indian Tribe may submit to the Secretary, in writing, a request to designate certain Federal land or non-Federal land in the State or Indian Country, respectively, for restoration and resilience projects under subsection (e). (B) Inclusions A written request submitted under subparagraph (A) may include 1 or more maps or recommendations. (d) Requirements To be eligible for designation under subsection (c), an area shall— (1) have a high or very high wildfire potential as determined by— (A) the map of the Forest Service entitled Wildfire Hazard Potential Version 2020 (B) any other mapping resource or data source approved by the Secretary that depicts the risk of wildfires; or (C) fire-risk assessment resources or mapping tools maintained by the applicable State; (2) have high-priority wildlife habitat urgently in need of restoration, as determined by the Secretary, in consultation with eligible entities and the applicable Governor or representative of an Indian Tribe; or (3) in the case of Federal land, be in the wildland-urban interface. (e) Restoration and resilience projects (1) In general Subject to paragraphs (2) and (3), the Secretary shall carry out restoration and resilience projects on land designated under subsection (c). (2) Priority The Secretary shall give priority to restoration and resilience projects that would— (A) focus on the reintroduction of characteristic, low-intensity fire in frequent fire regime ecosystems; (B) reduce hazardous fuels by focusing on small-diameter trees, thinning, and strategic fuel breaks; (C) maximize the retention of old and large trees, as appropriate for the forest type; (D) measurably improve habitat conditions for at-risk wildlife; (E) measurably improve water quality or water quantity outcomes in waterways that flow through and out of priority areas; (F) establish plans for measuring project success and environmental outcomes; (G) promote community and homeowner involvement in planning and implementing actions to mitigate the risk posed by wildfire in the wildland-urban interface; (H) emphasize proactive wildfire risk mitigation actions in the wildland-urban interface; and (I) increase fire adaption in communities located within the wildland-urban interface. (3) Coordination The Secretary shall carry out restoration and resilience projects under this subsection— (A) on Federal land, in coordination with the Secretary of the Interior, as applicable; and (B) on non-Federal land, in coordination with eligible entities and other relevant stakeholders, as determined by the Secretary. (4) Requirements (A) In general A restoration and resilience project shall be carried out in accordance with— (i) in the case of a restoration and resilience project carried out on Federal land, the management objectives of an applicable land or resource management plan; and (ii) applicable law. (B) Inclusions The Secretary may use existing authorities when carrying out a restoration and resilience project on land designated under subsection (c), including any covered authority. (C) Exclusions A restoration and resilience project may not be carried out— (i) in a wilderness area or designated wilderness study area; (ii) to construct a permanent road or trail; (iii) on any Federal land on which, by an Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; (iv) in an inventoried roadless area or comparable roadless area defined by a State-specific rule; or (v) to remove old growth stands (as defined in section 102(e)(1) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6512(e)(1) 7. Oversight Not later than 60 days after the date of enactment of this Act, the Secretary shall submit to Congress a report that, with respect to funding made available by the Infrastructure Investment and Jobs Act ( Public Law 117–58 Public Law 117–169 Inflation Reduction Act of 2022 (1) explains the methodology for priority landscapes set by the Secretary; (2) describes the metrics the Secretary is using for measuring performance and outcomes; and (3) describes the allocation of funds to States, forests, and Indian Tribes. 8. Funding (a) In general There is appropriated, out of any money in the Treasury not otherwise appropriated, $60,000,000,000 for the Fund, to remain available until expended, of which— (1) $20,000,000,000 shall be for the grant program; and (2) $40,000,000,000 shall be for the Restoration and Resilience Partnership Program under section 6, of which not less than $20,000,000,000 shall be for the conduct of restoration and resilience projects on Federal land under that section. (b) Workforce needs and expenses Funds made available under subsection (a)(2) shall be available for staffing, salary, and other workforce needs and expenses relating to the administration of the Restoration and Resilience Partnership Program under section 6.

Protect the West Act of 2023

CCU Parity Act of 2023 This bill increases the tax credit for carbon capture and use to match incentives for carbon capture and sequestration for both direct air capture and the power and industrial sectors.

118 S542 IS: CCU Parity Act of 2023 U.S. Senate 2023-02-28 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 1st Session S. 542 IN THE SENATE OF THE UNITED STATES February 28, 2023 Mr. Whitehouse Mr. Cassidy Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to increase the applicable dollar amount for qualified carbon oxide which is captured and utilized for purposes of the carbon oxide sequestration credit. 1. Short title This Act may be cited as the CCU Parity Act of 2023 2. Increase applicable dollar amount for qualified carbon oxide which is captured and utilized (a) In general Section 45Q(b)(1)(A) (1) in clause (i), by striking subclause (II) and inserting the following: (II) for purposes of paragraph (4) of such subsection— (aa) with respect to any qualified carbon oxide which is captured and used in the manner described in clause (i) of paragraph (4)(B) of such subsection, $12, and (bb) with respect to any qualified carbon oxide which is captured and utilized in the manner described in clause (ii) of paragraph (4)(B) of such subsection, $17, and , and (2) in clause (ii), by striking subclause (II) and inserting the following: (II) for purposes of paragraph (4) of such subsection— (aa) with respect to any qualified carbon oxide which is captured and used in the manner described in clause (i) of paragraph (4)(B) of such subsection, an amount equal to the product of $12 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2025 1990 (bb) with respect to any qualified carbon oxide which is captured and utilized in the manner described in clause (ii) of paragraph (4)(B) of such subsection, an amount equal to the product of $17 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2025 1990 . (b) Effective date The amendments made by this section shall apply to carbon oxide captured and utilized after December 31, 2023.

CCU Parity Act of 2023

Air Carrier Access Amendments Act of 2023 This bill expands protections for airline passengers with disabilities and requires air carriers to meet certain minimum accessibility standards. The Department of Transportation (DOT) must prescribe regulations setting minimum accessibility standards for new and existing aircraft, airport facilities, websites, and kiosks. The accessibility standards must address topics including boarding and deplaning equipment, including ensuring individuals can board and deplane an aircraft from their personal assistive devices (e.g., wheelchairs); seating accommodations; lavatories; visually accessible announcements; and proper stowage of assistive devices in the cargo hold to prevent damage. Existing aircraft have five years from the effective date of the regulations to comply with the standards. DOT must assess civil penalties against an air carrier for violations of these provisions and refer patterns of discrimination to the Department of Justice (DOJ). DOT must also ensure that passengers with disabilities may (1) file a complaint with the agency in response to disability-related discrimination, and (2) receive assistance through a toll-free hotline or other electronic method. Further, the bill authorizes DOJ and aggrieved passengers to bring civil actions for discrimination against an air carrier.

99 S545 IS: Air Carrier Access Amendments Act of 2023 U.S. Senate 2023-02-28 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 1st Session S. 545 IN THE SENATE OF THE UNITED STATES February 28, 2023 Ms. Baldwin Ms. Duckworth Mr. Markey Mr. Casey Ms. Hassan Mr. Blumenthal Committee on Commerce, Science, and Transportation A BILL To protect the rights of passengers with disabilities in air transportation, and for other purposes. 1. Short title This Act may be cited as the Air Carrier Access Amendments Act of 2023 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) In 1986, President Ronald Reagan signed the Air Carrier Access Act of 1986 ( Public Law 99–435 ACAA (2) Despite the effort, individuals, including veterans, with disabilities continue to experience significant barriers to and with traveling by air, such as— (A) damaged assistive devices; (B) inaccessible aircraft, lavatories, and communication media; (C) delayed assistance; (D) inappropriate treatment of service animals; (E) inadequate disability awareness and sensitivity training; and (F) a lack of suitable seating accommodations. (b) Sense of Congress It is the sense of Congress that— (1) access for individuals with disabilities in air transportation must move into the 21st century, or individuals with disabilities will be left behind and unable to compete in today’s job market or enjoy the opportunities available to other citizens of the United States; (2) aircraft must accommodate individuals with disabilities, and air carriers and foreign air carriers must acquire and maintain aircraft that meet broad accessibility standards; (3) the ACAA must be updated to improve access to air transportation for individuals with disabilities; (4) legislation is necessary to modernize standards and requirements that will strengthen accessibility in air transportation; (5) the Department of Transportation, in direct consultation with the Access Board, must promulgate regulations to ensure that all passengers with disabilities receive— (A) prompt and effective boarding, deplaning, and connections between flights; (B) accommodations, including nonstandard accommodations, that safely facilitate air travel; and (C) better access to airport facilities, including the provision of visually and tactilely accessible announcements and full and equal access to aural communications; (6) legislation is necessary to ensure that individuals with disabilities have adequate remedies available when air carriers and foreign air carriers violate the ACAA; and (7) unlike other civil rights statutes, the ACAA does not contain a private right of action, which is critical to the enforcement of such statutes, and Congress must correct this anomaly. 3. Definitions In this Act: (1) Access Board The term Access Board (2) Air carrier The term air carrier (3) Disability The term disability (A) a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. (4) Foreign air carrier The term foreign air carrier (5) Secretary The term Secretary 4. Improving access to air transportation for individuals with disabilities (a) In general Section 41705 of title 49, United States Code, is amended to read as follows: 41705. Accessibility of air transportation for individuals with disabilities (a) In general In providing air transportation, an air carrier or foreign air carrier may not discriminate against an individual on the basis of a disability, including by taking any of the actions prohibited under subsection (b) or not taking any of the actions required by subsection (c). (b) Prohibited actions (1) In general Subject to paragraph (2), an air carrier or foreign air carrier may not— (A) directly or through a contractual, licensing, or other arrangement, discriminate in the full and equal enjoyment (within the meaning of that term under section 302(a) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12182(a) (B) deny the opportunity of an individual or a class of individuals, on the basis of a disability or disabilities of the individual or class, to participate in or benefit from the goods, services, facilities, advantages, accommodations, or other opportunities provided by the air carrier or foreign air carrier; (C) afford an individual or a class of individuals, on the basis of a disability or disabilities of the individual or class, with the opportunity to participate in or benefit from a good, service, facility, advantage, accommodation, or other opportunity that is not equal to, or is different or separate from a good, service, facility, advantage, accommodation, or other opportunity afforded to other individuals; (D) deny any goods, services, facilities, privileges, advantages, accommodations, or other opportunities to an individual because of the known disability of another individual with whom the individual is known to have a relationship or association; (E) impose or apply eligibility criteria that screen out or have the effect of screening out individuals with disabilities or a class of individuals with disabilities from fully enjoying any good, service, facility, privilege, advantage, accommodation, or other opportunity provided by the air carrier or foreign air carrier, unless the air carrier or foreign air carrier can demonstrate that such criteria are necessary for the provision of the good, service, facility, privilege, advantage, accommodation, or other opportunity; (F) directly or through a contractual, licensing, or other arrangement, use standards or criteria or methods of administration that— (i) have the effect of discriminating on the basis of disability; or (ii) perpetuate discrimination against others who are subject to common administrative control; or (G) operate an aircraft that does not comply with this section and regulations prescribed under this section, unless the aircraft, to the maximum extent feasible, is made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, in accordance with this section and upon issuance of regulations prescribed under this section, not later than 7 years after the date of enactment of the Air Carrier Access Amendments Act of 2023 (2) Exception (A) In general Subject to subparagraph (B), an air carrier or foreign air carrier may provide an individual or a class of individuals, on the basis of a disability or disabilities of the individual or class, with a good, service, facility, privilege, advantage, accommodation, or other opportunity that is different or separate from the good, service, facility, privilege, advantage, accommodation, or other opportunity provided to other individuals if doing so is necessary to— (i) provide the individual or class of individuals with a good, service, facility, privilege, advantage, accommodation, or other opportunity that is as effective as the good, service, facility, privilege, advantage, accommodation, or other opportunity provided to other individuals; or (ii) comply with statutory, regulatory, or other requirements related to safety and security enforced by the Department of Transportation, the Federal Aviation Administration, or applicable foreign aviation authorities. (B) Acceptance An individual or a class of individuals shall retain the authority to decide whether to accept or refuse a good, service, facility, privilege, advantage, accommodation, or other opportunity referred to in subparagraph (A). (C) Selection of goods, services, and other opportunities provided to others If, in accordance with subparagraph (A), an air carrier or foreign air carrier provides to an individual or a class of individuals a good, service, facility, privilege, advantage, accommodation, or other opportunity that is different or separate from the good, service, facility, privilege, advantage, accommodation, or other opportunity provided to other individuals, the air carrier or foreign air carrier may not deny to an individual with a disability the opportunity to participate in the good, service, facility, privilege, advantage, accommodation, or other opportunity provided to such other individuals. (c) Required actions An air carrier or foreign air carrier shall— (1) afford goods, services, facilities, privileges, advantages, accommodations, and other opportunities to an individual with a disability in the most integrated setting appropriate to the needs of the individual; (2) make reasonable modifications to policies, practices, or procedures, when such modifications are necessary to afford goods, services, facilities, privileges, advantages, accommodations, or other opportunities to individuals with disabilities, unless the air carrier or foreign air carrier can demonstrate that making such modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, accommodations, or other opportunities; and (3) take such measures as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently from other individuals because of the absence of auxiliary aids or services, unless the air carrier or foreign air carrier can demonstrate that taking such measures would— (A) fundamentally alter the nature of a good, service, facility, privilege, advantage, accommodation, or other opportunity being offered; or (B) result in an undue burden to an air carrier or foreign air carrier. (d) Consumer complaints (1) In general The Secretary shall ensure that individuals with disabilities traveling in air transportation are able to— (A) file complaints with the Department of Transportation in response to disability-related discrimination prohibited under this section or regulations prescribed under this section; and (B) receive assistance from the Department of Transportation through a toll-free hotline telephone number, publicly available internet website, or comparable electronic means of communication. (2) Notice to passengers with disabilities Each air carrier or foreign air carrier shall include on its publicly available internet website, any related mobile device application, and online service— (A) the hotline telephone number established under section 42302 or the telephone number for the Aviation Consumer Protection Division of the Department of Transportation and the Department’s disability assistance hotline telephone number or a comparable electronic means of communication; (B) a notice that a consumer can file a disability-related complaint with the Aviation Consumer Protection Division; (C) an active link to the internet website of the Aviation Consumer Protection Division for a consumer to file a disability-related complaint; and (D) a notice that the consumer can file a disability-related complaint with the air carrier or foreign air carrier and the process and any timelines for filing such a complaint. (3) Investigation of complaints (A) In general The Secretary shall— (i) not later than 120 days after the receipt of any complaint of a violation of this section or a regulation prescribed under this section, investigate such complaint; (ii) provide, in writing, to the individual that filed the complaint and the air carrier or foreign air carrier alleged to have violated this section or a regulation prescribed under this section, the determination of the Secretary with respect to— (I) whether the air carrier or foreign air carrier violated this section or a regulation prescribed under this section; (II) the facts underlying the complaint; and (III) any action the Secretary is taking in response to the complaint; and (iii) assess civil penalties for, at a minimum, each of the following violations: (I) Delay of, loss of, or significant damage to a wheelchair or scooter. (II) Physical harm to or fatal injury of a passenger in the provision of a service related to the requirements of this section. (III) Failure to provide proper assistance in boarding or deplaning a passenger with disabilities when aisle chair assistance is required. (IV) Denial of boarding for a passenger with disabilities or denial of access for a service animal in a manner not in compliance with requirements enforced by the Department of Transportation, the Federal Aviation Administration, or applicable foreign aviation authorities. (V) Gross negligence of a passenger with disabilities in air transportation. For purposes of section 46301, a separate violation occurs under this section for each individual act of discrimination prohibited by subsections (a) through (c). (B) Referral If the Secretary has reasonable cause to believe that any air carrier or foreign air carrier or group of air carriers or foreign air carriers is engaged in a pattern or practice of discrimination under this section, or any person or group of persons has been discriminated against under this section and such discrimination raises an issue of general public importance, the Secretary shall, after the assessment of the civil penalty, refer the matter to the Attorney General for further action. (C) Publication of data The Secretary shall publish disability-related complaint data in a manner comparable to other aviation consumer complaint data. (D) Review and report The Secretary shall regularly review all complaints received by air carriers and foreign air carriers alleging discrimination on the basis of disability and shall report annually to Congress on the disposition of such complaints. (e) Civil action (1) Aggrieved persons (A) In general Any person aggrieved by an air carrier or foreign air carrier's violation of this section or a regulation prescribed under this section may, during the 2-year period beginning on the date of the violation, bring a civil action in an appropriate district court of the United States. (B) Available relief If a court finds in favor of the plaintiff in a civil action brought under subparagraph (A), the court may award to the plaintiff equitable and legal relief, including compensatory and punitive damages, and shall, in addition to any such relief, award reasonable attorney’s fees, reasonable expert fees, and costs of the action to the plaintiff. (C) Exhaustion of administrative remedies Any person aggrieved by an air carrier or foreign air carrier's violation of this section or a regulation prescribed under this section shall not be required to exhaust administrative remedies before bringing a civil action under subparagraph (A). (D) Rule of construction Nothing in this paragraph shall be construed to invalidate or limit other Federal or State laws affording to individuals with disabilities greater legal rights or protections than those granted by this section. (2) Enforcement by Attorney General (A) In general The Attorney General may bring a civil action on behalf of individuals aggrieved by an air carrier or foreign air carrier's violation of this section or a regulation prescribed under this section in any appropriate district court of the United States. (B) Authority of court In a civil action under subparagraph (A), the court may— (i) grant any equitable relief that the court considers to be appropriate; (ii) award such other relief as the court considers to be appropriate, including monetary damages to individuals aggrieved by an air carrier or foreign air carrier's violation of this section or a regulation prescribed under this section, when requested by the Attorney General; and (iii) assess a civil penalty against the air carrier or foreign air carrier. (f) Rule of construction Nothing in this section shall require an air carrier or foreign air carrier to permit an individual to participate in or benefit from goods, services, facilities, privileges, advantages, accommodations, or other opportunities if the individual poses a significant risk to the health or safety of others that cannot be eliminated by a modification to policies, practices, or procedures or by the provision of auxiliary aids or services. (g) Definitions In this section: (1) Access board The term Access Board (2) Air carrier The term air carrier (3) Aircraft The term aircraft (4) Disability The term disability (A) a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. (5) Foreign air carrier The term foreign air carrier (6) Most integrated setting The term most integrated setting (7) Undue burden The term undue burden . (b) Technical assistance Not later than 1 year after the date of enactment of this Act, the Secretary shall ensure the availability and provision of appropriate technical assistance manuals to individuals and entities with rights or responsibilities under section 41705 of title 49, United States Code, as amended by subsection (a). (c) Clerical amendment The chapter analysis for chapter 417 41705. Accessibility of air transportation for individuals with disabilities. . 5. Standards (a) Aircraft access standards (1) Standards (A) In general Not later than 2 years after the date of the enactment of this Act, the Secretary shall, in direct consultation with the Access Board, prescribe regulations setting forth the minimum standards to ensure that aircraft, and related boarding and deplaning equipment, are accessible, in terms of design for, transportation of, and communication with, individuals with disabilities, including individuals who use wheelchairs. (B) Application The standards prescribed under subparagraph (A) shall apply to existing aircraft operated by air carriers or foreign air carriers on the date that is 5 years after the regulations prescribed under subparagraph (A) become effective. (2) Covered aircraft, equipment, and features The standards prescribed under paragraph (1)(A) shall address, at a minimum— (A) boarding and deplaning equipment, including ensuring that there is a route accessible for individuals to board and deplane the aircraft from their personal assistive devices, including wheelchairs; (B) seating accommodations, which shall include in-cabin wheelchair restraints (if deemed technologically feasible); (C) lavatories; (D) captioning and audio description of in-flight entertainment and captioning of any other aural communication; (E) individual video displays; (F) visually and tactilely accessible announcements; (G) adequate in-cabin stowage for assistive devices; and (H) proper stowage of assistive devices in the cargo hold to prevent damage, which includes ensuring that cargo doors and the cargo holds allow such devices to be enplaned and stowed upright. (b) Airport facilities Not later than 2 years after the date of enactment of this Act, the Secretary shall, in direct consultation with the Access Board, prescribe regulations setting forth minimum standards under section 41705 of title 49, United States Code (commonly known as the Air Carrier Access Act (c) Websites, software applications, and kiosks Not later than 2 years after the date of enactment of this Act, the Secretary shall, in direct consultation with the Access Board, prescribe regulations setting forth minimum standards to ensure that individuals with disabilities are able to access kiosks, software applications, and websites in a manner that is equally as effective as individuals without disabilities, with a substantially equivalent ease of use. Such standards shall be consistent with the standards set forth in the Web Content Accessibility Guidelines 2.1 Level AA of the Web Accessibility Initiative of the World Wide Web Consortium or any subsequent version.

Air Carrier Access Amendments Act of 2023

Energy Security Cooperation with Allied Partners in Europe Act of 2023 This bill establishes requirements related to U.S. international energy strategy. Applications to export natural gas to North Atlantic Treaty Organization (NATO) member countries, Japan, and certain other countries must be granted on an expedited basis without modification or delay. The President must impose sanctions on a person (individual or entity) that provides certain equipment, investment, or services to the Russian government or related entities for constructing or servicing Russian energy export pipelines. The Department of State must report to Congress on a strategy to enhance the energy security of NATO member countries and increase U.S. energy exports to such countries.

118 S548 IS: Energy Security Cooperation with Allied Partners in Europe Act of 2023 U.S. Senate 2023-02-28 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 1st Session S. 548 IN THE SENATE OF THE UNITED STATES February 28, 2023 Mr. Barrasso Mrs. Blackburn Mr. Braun Mrs. Britt Mr. Boozman Mrs. Capito Mr. Cassidy Mr. Cornyn Mr. Cotton Mr. Cramer Mr. Cruz Mr. Daines Mr. Grassley Mr. Hagerty Mr. Hoeven Mrs. Hyde-Smith Mr. Kennedy Mr. Lankford Ms. Lummis Mr. Marshall Mr. Rounds Mr. Scott of Florida Mr. Scott of South Carolina Mr. Sullivan Mr. Tillis Mr. Tuberville Mr. Graham Mr. Hawley Mrs. Fischer Committee on Foreign Relations A BILL To enhance the security of the United States and its allies, and for other purposes. 1. Short title This Act may be cited as the Energy Security Cooperation with Allied Partners in Europe Act of 2023 2. Statement of policy It is the policy of the United States— (1) to reduce the dependency of allies and partners of the United States on Russian energy resources, especially natural gas, in order for those countries to achieve lasting and dependable energy security; (2) to condemn the Government of the Russian Federation for, and to deter that government from, using its energy resources as a geopolitical weapon to coerce, intimidate, and influence other countries; (3) to improve energy security in Europe by increasing access to diverse, reliable, and affordable energy; (4) to promote energy security in Europe by working with the European Union and other allies of the United States to develop liberalized energy markets that provide diversified energy sources, suppliers, and routes; (5) to continue to strongly oppose the Nord Stream 2 pipeline based on its detrimental effects on the energy security of the European Union and the economy of Ukraine and other countries in Central Europe through which natural gas is transported; and (6) to support countries that are allies or partners of the United States by expediting the export of energy resources from the United States. 3. North Atlantic Treaty Organization The President should direct the United States Permanent Representative on the Council of the North Atlantic Treaty Organization (in this Act referred to as NATO 4. Transatlantic energy strategy (a) Sense of Congress It is the sense of Congress that the United States and other NATO member countries should explore ways to ensure that NATO member countries diversify their energy supplies and routes in order to enhance their energy security, including through the development of a transatlantic energy strategy. (b) Transatlantic energy strategy (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Secretary of Energy, shall submit to the appropriate congressional committees a transatlantic energy strategy for the United States— (A) to enhance the energy security of NATO member countries and countries that are partners of NATO; and (B) to increase exports of energy from the United States to such countries. (2) Appropriate congressional committees defined In this subsection, the term appropriate congressional committees (A) the Committee on Foreign Relations of the Senate; and (B) the Committee on Foreign Affairs of the House of Representatives. 5. Expedited approval of exportation of natural gas to United States allies (a) In general Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) (1) by inserting (1) For purposes (2) by striking nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas foreign country described in paragraph (2) (3) by adding at the end the following: (2) A foreign country described in this paragraph is— (A) a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas; (B) a member country of the North Atlantic Treaty Organization; (C) subject to paragraph (3), Japan; and (D) any other foreign country if the Secretary of State, in consultation with the Secretary of Defense, determines that exportation of natural gas to that foreign country would promote the national security interests of the United States. (3) The exportation of natural gas to Japan shall be deemed to be consistent with the public interest pursuant to paragraph (1), and applications for such exportation shall be granted without modification or delay under that paragraph, during only such period as the Treaty of Mutual Cooperation and Security, signed at Washington January 19, 1960, and entered into force June 23, 1960 (11 UST 1632; TIAS 4509), between the United States and Japan, remains in effect. . (b) Effective date The amendments made by this section shall apply with respect to applications for the authorization to export natural gas under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 6. Mandatory sanctions with respect to the development of pipelines in the Russian Federation (a) In general The President shall impose five or more of the sanctions described in section 235 of the Countering America's Adversaries Through Sanctions Act ( 22 U.S.C. 9529 (1) any of which has a fair market value of $1,000,000 or more; or (2) that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more. (b) Investment described An investment described in this subsection is any contribution of assets, including a loan guarantee or any other transfer of value, that directly and significantly contributes to the enhancement of the ability of the Government of the Russian Federation, or any entity owned or controlled by that government, to construct energy export pipelines. (c) Goods, services, technology, information, or support described Goods, services, technology, information, or support described in this subsection are goods, services, technology, information, or support that could directly and significantly facilitate the maintenance or expansion of the construction, modernization, or repair of energy export pipelines by the Government of the Russian Federation or any entity owned or controlled by that government. (d) Presidential waiver authority and notice to Congress (1) Presidential waiver authority The President may waive the application of sanctions under this section if the President determines that it is in the national security interests of the United States to waive such sanctions. (2) Notice to Congress Not less than 15 days before taking action to waive the application of sanctions under paragraph (1), the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a notification of, and written justification for, the action. (e) Exception for importation of goods (1) In general The authority to impose sanctions under subsection (a) shall not include the authority to impose sanctions with respect to the importation of goods. (2) Good defined In this subsection, the term good

Energy Security Cooperation with Allied Partners in Europe Act of 2023

Home Advantage for American Families Act of 2023 This bill requires any foreign person involved in a transaction related to the sale of residential property located in any of the 15 largest metropolitan statistical areas by population to report to the Department of the Treasury information for identifying the person purchasing the property, the amount and source of the funds received by the seller, the date and nature of the transaction, and other information deemed necessary. The bill also increases (1) from 15% to 30% the rate of withholding on sales proceeds of certain residential real property, and (2) the low-income housing tax credit state ceiling.

118 S551 IS: Home Advantage for American Families Act of 2023 U.S. Senate 2023-02-28 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 1st Session S. 551 IN THE SENATE OF THE UNITED STATES February 28, 2023 Mr. Rubio Committee on Finance A BILL To reduce the excessive appreciation of United States residential real estate due to foreign purchases. 1. Short title This Act may be cited as the Home Advantage for American Families Act of 2023 2. Expansion of tools to combat money laundering (a) In general Subchapter II of chapter 53 5337. Reports on applicable residential property (a) Definitions In this section: (1) Applicable residential property The term applicable residential property section 1445(f) (2) Foreign person The term foreign person (3) Sale of applicable residential property The term sale of applicable residential property (b) Reports Any foreign person involved in a transaction related to the sale of applicable residential property shall submit to the Secretary of the Treasury a report with respect to the transaction or any related transaction that contains— (1) the name and any other identification information that the Secretary determines is necessary of the individual purchasing the applicable residential property; (2) the amount and source of the funds received by the seller, as determined by the Secretary; (3) the date and nature of the transaction; and (4) any other information, including the identification of the person filing the report, that the Secretary determines is necessary. (c) Regulations Not later than 180 days after the date of enactment of this section, the Secretary shall promulgate regulations carrying out this section. . (b) Technical and conforming amendment The table of sections for chapter 53 5337. Reports on applicable residential property. . (c) List of top 15 largest metropolitan statistical areas Not less than every 5 years, the Director of the Office of Management and Budget shall update the list of the 15 largest metropolitan statistical areas by population. 3. Increased withholding on sale disposition of certain United States real property interests (a) In general Section 1445 (f) Special rule for certain dispositions of residential real property (1) In general In the case of the disposition of any applicable residential property, subsection (a) shall be applied by substituting 30 percent 15 percent (2) Applicable residential property For purposes of this subsection, the term applicable residential property (A) is an interest described in section 897(c)(1)(A)(i), and (B) is an interest in residential real property. . (b) Effective date The amendments made by subsection (a) shall apply to dispositions after the date which is 60 days after the date of the enactment of this Act. 4. Increase in low-income housing tax credit State ceiling (a) In general Section 42(h)(3)(C) plus , plus (v) the qualified single-family housing amount determined under subparagraph (J). . (b) Qualified single-Family housing amount (1) In general Section 42(h)(3) (J) Qualified single-family housing amount The qualified single-family housing amount determined under this subparagraph for any calendar year is an amount equal to the sum of— (i) 10 percent of the amount determined under subparagraph (C)(ii) for such calendar year (determined after application of subparagraph (H)), (ii) the excess (if any) of the amount described in clause (i) for the preceding calendar year over the amounts allocated to projects described in paragraph (9) for such preceding calendar year, (iii) the amount allocated within the State (not in excess of the amount determined under this subparagraph for the preceding calendar year reduced by the amount described in clause (ii) for the second preceding calendar year) for any project— (I) which is described in paragraph (9) and which fails to meet the 10 percent test under paragraph (1)(E)(ii) on a date after the close of the calendar year in which the allocation was made, (II) which does not become a qualified low-income housing project described in paragraph (9) within the period required by this section or the terms of the allocation, or (III) which is described in paragraph (9) and with respect to which an allocation is cancelled by mutual consent of the housing credit agency and the allocation recipient, plus (iv) the amount, if any, determined under subparagraph (D), applied— (I) by substituting unused qualified single-family housing carryover unused housing credit carryover (II) without regard to clause (ii) thereof, (III) by substituting unused qualified single-family housing carryovers unused housing credit carryovers (IV) by substituting an amount equal to its entire qualified single-family housing amount to projects described in paragraph (9) entire State housing credit ceiling (determined without regard to amounts described in subparagraph (C)(v)) . (2) Conforming amendments (A) Section 42(h)(3)(C) of such Code is amended by inserting (other than amounts allocated from the qualified single-family housing amount) the housing credit dollar amount previously allocated within the State (B) Section 42(h)(3)(D) of such Code is amended by inserting (determined without regard to amounts described in subparagraph (C)(v)) entire State housing credit ceiling (c) Set aside of increased amounts Section 42(h) (9) Set aside of qualified single-family housing amount The portion of the State housing credit ceiling which is equal to the qualified single-family housing amount for any calendar year shall be allocated to projects consisting of 1 to 4 dwelling units that are located in qualified census tracts (as defined in subsection (d)(5)(B)(i)). . (d) Effective date The amendments made by this section shall apply to allocations made for calendar years beginning after the date of the enactment of this Act.

Home Advantage for American Families Act of 2023

Haiti Economic Lift Program Extension Act of 2023 This bill extends through FY2035 the special duty-free rules for Haiti. It also extends through FY2035 the duty-free treatment provided for certain apparel products assembled in and imported from Haiti.

118 S552 IS: Haiti Economic Lift Program Extension Act of 2023 U.S. Senate 2023-02-28 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 1st Session S. 552 IN THE SENATE OF THE UNITED STATES February 28, 2023 Mr. Rubio Mr. Warnock Mr. Cassidy Mr. Durbin Committee on Finance A BILL To extend duty-free treatment provided with respect to imports from Haiti under the Caribbean Basin Economic Recovery Act. 1. Short title This Act may be cited as the Haiti Economic Lift Program Extension Act of 2023 2. Extension of special rules for Haiti under Caribbean Basin Economic Recovery Act Section 213A of the Caribbean Basin Economic Recovery Act ( 19 U.S.C. 2703a (1) in subsection (b)— (A) in paragraph (1)— (i) by amending subparagraph (B)(v)(I) to read as follows: (I) Applicable percentage The term applicable percentage ; and (ii) by amending subparagraph (C) to read as follows: (C) Quantitative limitations The preferential treatment described in subparagraph (A) shall be extended, during each period after the initial applicable 1-year period, to not more than 1.25 percent of the aggregate square meter equivalents of all apparel articles imported into the United States in the most recent 12-month period for which data are available. ; and (B) in paragraph (2), by striking in each of the 16 succeeding 1-year periods in any of the succeeding 1-year periods (2) by amending subsection (h) to read as follows: (h) Termination The duty-free treatment provided under this section shall remain in effect until September 30, 2035. .

Haiti Economic Lift Program Extension Act of 2023

HUD Health and Safety Accountability Act of 2023 This bill requires the Department of Housing and Urban Development (HUD) to make changes to policies and procedures applicable to HUD multifamily housing programs, including Section 8 project-based rental assistance (PBRA). The bill requires management and occupancy reviews conducted by the Office of Multifamily Housing Programs to include specified graded factors, including (1) responsiveness to local code violations; and (2) remediation of health, sanitation, and structural integrity issues. Additionally, the bill establishes or changes requirements regarding local code enforcement response, HUD oversight of individual units that receive PBRA assistance, tenant surveys issued by performance-based contract administrators, and the disclosure of program contact information to tenants.

118 S553 IS: HUD Health and Safety Accountability Act of 2023 U.S. Senate 2023-02-28 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 1st Session S. 553 IN THE SENATE OF THE UNITED STATES February 28, 2023 Mr. Rubio Mr. Scott of Florida Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of Housing and Urban Development to reform policies and issue guidance related to health and safety accountability, and for other purposes. 1. Short title This Act may be cited as the HUD Health and Safety Accountability Act of 2023 2. Definitions In this Act: (1) Department The term Department (2) Secretary The term Secretary 3. Reforms to management and occupancy reviews Not later than 180 days after the date of enactment of this Act, the Secretary shall make the following reforms to management and occupancy reviews conducted by the Office of Multifamily Housing Programs: (1) Form 9843 shall be restructured to include the following as graded factors: (A) Responsiveness of local code violations. (B) Remediation of health and sanitation and structural integrity issues outlined in uniform physical condition standards inspections. (C) Remediation of deficiencies outlined in any demand for corrective actions. (D) Restoration of the resident satisfaction section and inclusion of feedback from tenants to contribute to the grading. (2) Rebalance existing grading methodology to prioritize— (A) health, safety, and sanitation conditions; (B) general physical condition is compliant with contractual standards; and (C) remediation of tenant concerns regarding unit conditions, particularly health, safety, and sanitation. (3) The Performance Based Contract Administrator may formally recommend abatement or cure period for properties and resident units that do not meet contractual or Federal, State, or local standards. (4) Owner-reported notices of local code violations, security and incident reports, and uniform physical condition standards inspection reports from the Department shall be included in the review for the category for overall assessment and score results. (5) During the review, Performance Based Contract Administrators may assess conditions of both occupied (with resident consent) and unoccupied units. (6) If a property that has not received a uniform physical condition standards inspection within 1 year receives an unsatisfactory (7) Allows the Secretary to allocate revenue from civil money penalties on owners as a result of housing assistance payment contract violations to fund the reviews and uniform physical condition standards inspections. 4. Reforms to local code enforcement Not later than 180 days after the date of enactment of this Act, the Secretary shall issue guidance to reform local code enforcement by the Department, including by requiring owners, or designated property managers, of properties receiving project-based rental assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) (1) report to the appropriate Performance Based Contract Administrator and regional office of the Department within 14 days of receiving official notice— (A) local code enforcement findings of deficient conditions at properties both generally and at resident units, including— (i) a copy of the official notice; (ii) a summary of the deficiency findings; and (iii) a priority summary of health and safety conditions cited and compliance requirements; and (2) report to the local code enforcement entity that the owner or designated property manager, as applicable, has submitted the information under paragraph (1). 5. Reforms to HUD oversight Not later than 180 days after the date of enactment of this Act, the Secretary shall issue guidance to— (1) reform the scoring methodology for uniform physical condition standards inspections to prioritize health and safety conditions, including interior unit conditions; (2) require the Secretary to verify in person that owners have taken action to address health and safety deficiencies outlined in a demand for corrective action; (3) requires property owners to report all deficiencies listed in a demand for corrective action to the applicable Performance Based Contract Administrator; and (4) allow for the Department to abate individual units assisted under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f 6. Reforms to tenant surveys Not later than 180 days after the date of enactment of this Act, the Secretary shall develop a process by which a Performance Based Contract Administrator shall issue tenant surveys, as follows: (1) For properties receiving a uniform physical condition standards inspection score of not less than 60/100 and not more than 80/100, tenant surveys shall be made available to a sampling of not less than 20 percent of residents of each structure under a housing assistance payments contract, and will be required on the next inspection, and ongoing for each inspection until the property receives a score that is more than 80/100. (2) For properties receiving a uniform physical condition standards inspection score of not more than 59/100, tenant surveys shall be made available for 100 percent of tenants of each structure covered under a housing assistance payments contract for the purpose of identifying consistent or persistent problems with the physical condition of the structure or performance of the manager of the structure. (3) The tenant surveys shall be reviewed by the Performance Based Contract Administrator and included as graded factors in uniform physical condition standards inspections, with priority provided for health and safety deficiencies. 7. Contact information Each owner of a property receiving assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (1) regional office of the Department; (2) local field office of the Department; (3) public housing agency, as defined in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) (4) Performance Based Contract Administrator. 8. Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that— (1) examines the capital reserves of each structure under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (2) includes a list of each structure under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (3) a list of each structure under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (4) a detailed list of all crimes of violence (as defined in section 16 of title 18, United States Code) that have taken place at each structure under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (5) a detailed list of programmatic recommendations regarding assistance provided under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (A) improving health, sanitation, and safety conditions; (B) physical rehabilitation of properties for long-term sustainability; and (C) improving enforcement mechanisms on both property owners and contracted managers to remediate deficiencies.

HUD Health and Safety Accountability Act of 2023

HUD Inspection Reform and Capital Improvement Act of 2023 This bill establishes authorities and requirements for the Department of Housing and Urban Development (HUD) regarding employee misconduct and performance, maintenance standards for properties, property inspections, and rent adjustments. Specifically, the bill authorizes HUD to remove or reduce the pay of certain HUD employees for misconduct or performance. The bill also requires an entity receiving housing assistance payments for a dwelling unit to ensure that the unit is maintained to safe and sanitary conditions. HUD is required to take enforcement actions for failure to meet certain maintenance standards. If the entity fails to fully correct all deficiencies, HUD may impose various penalties, including financial penalties, requiring the immediate replacement of the project management, the reduction of housing assistance payments, or the transfer of housing assistance payment contracts. Additionally, the bill provides for rent adjustments for certain properties receiving Section 8 project-based rental assistance, including certain properties that underwent a mortgage restructuring and were transferred to a different owner for failing to meet physical condition standards. The bill also sets forth scoring and inspection frequency guidelines for properties receiving project-based rental assistance. Finally, HUD must publish an annual report on Real Estate Assessment Center (REAC) inspections of properties assisted or insured under a HUD program, and the Government Accountability Office must publish recommended reforms and improvements to REAC inspections.

105 S554 IS: HUD Inspection Reform and Capital Improvement Act of 2023 U.S. Senate 2023-02-28 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 1st Session S. 554 IN THE SENATE OF THE UNITED STATES February 28, 2023 Mr. Rubio Mr. Scott of Florida Committee on Banking, Housing, and Urban Affairs A BILL To reform the inspection process of housing assisted by the Department of Housing and Urban Development, and for other purposes. 1. Short title This Act may be cited as the HUD Inspection Reform and Capital Improvement Act of 2023 2. Definition In this Act, the term Secretary 3. Reduction in grade or pay or removal for misconduct or performance of employees of the Department of Housing and Urban Development (a) In general Section 7(c) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535(c) (1) by striking The Secretary is authorized Employment, compensation, authority, and duties of personnel (1) In general The Secretary is authorized ; and (2) by adding at the end the following: (2) Reduction in grade or pay or removal for misconduct or performance of employees (A) Definitions For purposes of this paragraph— (i) the term covered employee (I) means an individual holding a position in the civil service in the Department; and (II) does not include any individual— (aa) holding in a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); (bb) holding a position as a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or (cc) holding a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations; (ii) the term grade (iii) the term misconduct (iv) the term pay (B) Actions covered This paragraph— (i) applies to a reduction in grade or pay or removal; and (ii) does not apply to— (I) a reduction in grade or pay or removal under section 7512 of title 5, United States Code; (II) a reduction in grade or pay or removal under section 7521 of title 5, United States Code; (III) a removal under section 7532 of title 5, United States Code; or (IV) a removal under section 3592, 3595, or 7543 of title 5, United States Code. (C) Cause and procedure (i) In general Notwithstanding any other provision of law, under regulations prescribed by the Office of Personnel Management, the Secretary may, if the Secretary determines that the misconduct or performance of a covered employee warrants such action— (I) remove the covered employee from the civil service; (II) reduce the grade of the covered employee; or (III) reduce the pay of the covered employee. (ii) Reduction in grade A covered employee subject to a reduction in grade under clause (i)(II) shall, beginning on the date on which the reduction takes effect, receive the annual rate of pay applicable to the reduced grade. (iii) Appeal procedures (I) In general Subject to subclause (II) and clause (iv), any reduction in grade or pay or removal under this paragraph may be appealed to the Merit Systems Protection Board under section 7701 of title 5, United States Code. (II) Time for appeal An appeal under subclause (I) may only be made if such appeal is made not later than 7 days after the date of such reduction in grade or pay or removal. (iv) Review on appeal (I) In general Upon receipt of an appeal under clause (iii), the Merit Systems Protection Board shall refer the appeal to an administrative law judge pursuant to section 7701(b)(1) of title 5, United States Code. The administrative law judge shall expedite any such appeal under such section and, in any such case, shall issue a decision not later than 45 days after the date on which the Board receives the appeal. (II) Information and assistance To the maximum extent practicable, the Secretary shall provide to the Merit Systems Protection Board, and to any administrative law judge to whom an appeal under this paragraph is referred, such information and assistance as may be necessary to ensure an appeal under this paragraph is expedited. (III) Finality Not­with­stand­ing any other provision of law, including section 7703 of title 5, United States Code, the decision of an administrative law judge under subclause (I) shall be final and shall not be subject to any further appeal. (IV) Delayed decision (aa) In general In any case in which the administrative law judge cannot issue a decision in accordance with the 45-day requirement under subclause (I), the reduction in grade or pay or removal shall be final. (bb) Explanation In a case described in item (aa), the Merit Systems Protection Board shall, not later than 14 days after the date on which the reduction in grade or pay or removal becomes final, submit to Congress a report that explains the reasons why a decision was not issued in accordance with that requirement. (V) No stays The Merit Systems Protection Board or administrative law judge may not stay any reduction in grade or pay or removal action under this paragraph. (VI) Effect of appeal of removal During the period beginning on the date on which a covered employee appeals a removal from the civil service under this paragraph and ending on the date on which the administrative law judge issues a final decision on such appeal, the covered employee may not receive any pay, awards, bonuses, incentives, allowances, differentials, student loan repayments, special payments, or benefits. (v) Whistleblower protection In the case of a covered employee seeking corrective action (or on behalf of whom corrective action is sought) from the Office of Special Counsel based on an alleged prohibited personnel practice described in section 2302(b) of title 5, United States Code, the Secretary may not reduce the grade or pay or remove the covered employee under this paragraph without the approval of the Special Counsel under section 1214(f) of title 5, United States Code. . (b) Application The authority under paragraph (2) of section 7(c) of the Department of Housing and Urban Development Act, as added by subsection (a), shall apply to any covered employee (as defined in such paragraph) appointed before, on, or after the date of enactment of this Act. (c) Conforming amendments Title 5, United States Code, is amended— (1) in section 4303(f)— (A) in paragraph (3), by striking or (B) in paragraph (4), by striking the period at the end and inserting , or (C) by adding at the end the following: (5) the reduction in grade or removal of an employee under section 7(c)(2) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535(c)(2) ; (2) in section 7512— (A) in subparagraph (E), by striking , or (B) in subparagraph (F), by striking the period at the end and inserting , or (C) by adding at the end the following: (G) a reduction in grade or pay or removal under section 7(c)(2) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535(c)(2) ; (3) in section 7521(b), in the matter following paragraph (5)— (A) in subparagraph (B), by striking or (B) in subparagraph (C), by striking the period at the end and inserting ; or (C) by adding at the end the following: (D) a reduction in grade or pay or removal under section 7(c)(2) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535(c)(2) ; and (4) in section 7542, by striking or to a removal under section 3592 or 3595 of this title to a removal under section 3592 or 3595 of this title, to an action under section 713 of title 38, or to a reduction in grade or pay or removal under section 7(c)(2) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535(c)(2) 4. Enforcement of physical condition standards and tenant protection Section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) Public Law 116–260 (22) Maintenance of property Any entity receiving housing assistance payments with respect to dwelling units covered by a housing assistance payments contract shall— (A) maintain decent, safe, and sanitary conditions at those dwelling units, as determined by the Secretary; and (B) comply with any standards under applicable State or local laws, rules, ordinances, or regulations relating to the physical condition of those dwelling units. (23) Enforcement of physical condition standards (A) In general The Secretary shall take action under subparagraph (C) against an entity with a housing assistance payments contract for project-based assistance with respect to a multifamily housing project if— (i) the project receives a Uniform Physical Condition Standards (in this paragraph referred to as UPCS (ii) the entity fails to certify in writing to the Secretary within 3 days of receiving the score under clause (i) that all exigent health and safety deficiencies identified by the inspector at the project have been corrected; or (iii) the project receives a UPCS inspection score of more than 45 and less than 59 and has received consecutive scores of less than 60 on UPCS inspections. (B) Applicability Subparagraph (A) shall— (i) apply with respect to insured and noninsured projects with dwelling units receiving assistance under this section other than under paragraph (13); and (ii) not apply to dwelling units receiving assistance with capital or operating funds under section 9. (C) Notification and enforcement (i) In general If an entity violates clause (i), (ii), or (iii) of subparagraph (A), the Secretary shall notify the entity and provide an opportunity for response not later than 15 days after the date on which the results of the UPCS inspection are issued. (ii) Plan and notice of default If violations remain at a project after the 15-day period described in clause (i), the Secretary shall— (I) develop a plan to bring the project into compliance not later than 30 days after the date on which the results of the UPCS inspection are issued; and (II) provide the owner, the tenants of the property, the local government, any mortgagees, and any contract administrator of the project with a Notice of Default with a specified timetable, determined by the Secretary, for correcting all deficiencies. (iii) Withdrawal of notice of default If an appeal submitted by the entity results in a UPCS inspection score of not less than 60, the Secretary may withdraw a Notice of Default issued under clause (ii)(II). (iv) Penalties If, at the end of the timetable described in clause (ii)(II), the entity fails to fully correct all deficiencies in the project, the Secretary may— (I) require immediate replacement of project management with a management agent approved by the Secretary; (II) impose civil money penalties, which— (aa) shall be used solely for the purpose of supporting safe and sanitary conditions at the property, as designated by the Secretary, with priority given to the tenants of the property affected by the penalty; and (bb) shall not be payable out of project income; (III) abate the housing assistance payments contract under this section, including partial abatement, as determined by the Secretary, until all deficiencies have been corrected; (IV) pursue transfer of the project to an owner, approved by the Secretary under established procedures, which will be obligated to promptly make all required repairs and to accept renewal of the housing assistance payments contract as long as such renewal is offered; (V) transfer the existing housing assistance payments contract under this section to another project or projects and owner or owners; (VI) pursue exclusionary sanctions, including suspensions or de­bar­ments from Federal programs; (VII) seek judicial appointment of a receiver to manage the property and cure all project deficiencies or seek a judicial order of specific performance requiring the owner to cure all project deficiencies; (VIII) work with the owner, lender, or other related party to stabilize the property in an attempt to preserve the property through compliance, transfer of ownership, or an infusion of capital provided by a third party that requires time to effectuate; or (IX) take any other regulatory or contractual remedies available as deemed necessary and appropriate by the Secretary. (D) Contracts (i) In general The Secretary shall take appropriate steps to ensure that project-based contracts remain in effect, subject to the exercise of contractual abatement remedies to assist relocation of tenants for major threats to health and safety after written notice to and informed consent of the affected tenants and use of other remedies under this paragraph. (ii) Other assistance To the extent the Secretary determines, in consultation with the tenants and the local government, that a property is not feasible for continued rental assistance payments under this section or other housing programs, based on consideration of the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( 42 U.S.C. 1437f Public Law 105–65 (E) Report (i) In general The Secretary shall, on a quarterly basis, issue a publicly available report on all properties covered by this paragraph that— (I) are assessed through UPCS inspections; and (II) (aa) have a UPCS inspection score of less than 60; or (bb) received an unsatisfactory management and occupancy review during the 36-month period preceding the report. (ii) Contents Each report issued under clause (i) shall— (I) include, for each property covered by the report— (aa) the UPCS inspection score and date of inspection; and (bb) the ownership interest and management of the property; (II) identify— (aa) the enforcement actions being taken to address the physical conditions of the properties covered by the report, including imposition of civil monetary penalties and termination of subsidies; and (bb) properties that have been identified multiple times as having the physical conditions described in item (aa); (III) identify actions that the Secretary is taking to— (aa) remediate all health and safety concerns; and (bb) protect tenants of the properties covered by the report; and (IV) include any administrative or legislative recommendations to further improve the living conditions at each property covered under a housing assistance payments contract. (24) Tenant protection (A) In general The Secretary may provide tenant-based assistance for dwelling units covered under a project-based assistance subsidy contract if— (i) the owner of the dwelling units has received a Notice of Default; and (ii) the dwelling units pose an imminent health and safety risk to the tenants of the dwelling units. (B) Reimbursements To the extent that the Secretary determines that dwelling units described in subparagraph (A) are not feasible for continued rental assistance payments or transfer of the project-based assistance subsidy contract associated with those dwelling units to another project or projects and owner or owners, any remaining amounts associated with those dwelling units shall be recaptured and used to reimburse amounts used for tenant-based assistance under subparagraph (A). . 5. Reports on Real Estate Assessment Center inspections (a) Annual HUD report Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Secretary shall issue a publicly available report on the website of the Department of Housing and Urban Development (in this section referred to as the Department REAC (1) the percentage of all inspected properties that received a REAC-inspected score of less than 65 during the 48-month period preceding the report; (2) the number of properties in which the most recent REAC-inspected score represented a decline relative to the previous REAC-inspected score; (3) a list of the 10 metropolitan statistical areas with the lowest average REAC-inspected scores for all inspected properties; and (4) a list of the 10 States with the lowest average REAC-inspected scores for all inspected properties. (b) GAO report The Comptroller General of the United States shall issue a publicly available report on the website of the Government Accountability Office with recommendations for how REAC inspections of all properties assisted, insured, or both, under a program of the Department should be reformed and improved. 6. Budget-based rental adjustments for certain properties receiving project-based rental assistance that underwent Mark-to-Market (a) Definition In this section, the term eligible property (1) receives project-based rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (2) underwent a mortgage restructuring under subtitle A of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( 42 U.S.C. 1437f Public Law 105–65 (3) (A) has been transferred to a different owner due to the failure of a prior owner to meet Uniform Physical Condition Standards; (B) received a failing Uniform Physical Condition Standard score under a prior owner; or (C) requires substantial rehabilitation, including the replacement of major systems, in order to ensure the long term sustainability of the property, as determined by a capital needs assessment and as approved by the Secretary. (b) Authority The Secretary may, at the request of the owner of the property, approve the adjustment of rent on a budget basis (within the meaning of section 401.412(b) of title 24, Code of Federal Regulations, or any successor regulation) for an eligible property if the owner— (1) demonstrates that— (A) the available operating revenue is insufficient to operate and maintain the property; and (B) a rent adjustment is necessary to support financing for rehabilitation; and (2) submits a rehabilitation plan to extend the useful life of the property for not less than 25 years, including remediation of all existing health, sanitation, and safety concerns. (c) Reporting requirement During the period during which a property for which a budget-based rental adjustment is approved under subsection (b) is being rehabilitated, the owner of the property shall submit to the Secretary a quarterly report that includes— (1) a description of the progress made on, and expenses incurred for, capital improvements and debt service; (2) a detailed list of outstanding improvements; (3) the expected completion date for each outstanding improvement described in paragraph (2); and (4) any other information required by the Secretary. 7. Codification of Uniform Physical Condition Standards inspection timelines for units receiving project-based rental assistance (a) Definition In this section, the term covered property 42 U.S.C. 1437f (b) Scoring and ranking of physical condition The Secretary shall score and rank the physical condition of covered properties in accordance with this section. (c) Methodology for ranking (1) In general The Secretary shall score each covered property on the basis of a 100-point scale. (2) Fractions In scoring a covered property under paragraph (1), the Secretary shall round— (A) a score that includes a fraction below one half point to the next lower full point; and (B) a score that includes a fraction of one half point or higher to the next higher full point. (d) Designations and frequency of inspections (1) Standard 1 performing property The Secretary shall— (A) designate a covered property that receives a score of not less than 90 points on its physical condition inspection as a standard 1 performing property; and (B) conduct a physical inspection of a standard 1 performing property once every 3 years. (2) Standard 2 performing property The Secretary shall— (A) designate a covered property that receives a score of not less than 80 points and less than 90 points on its physical condition inspection as a standard 2 performing property; and (B) conduct a physical inspection of a standard 2 performing property once every 2 years. (3) Standard 3 performing property The Secretary shall— (A) designate a covered property that receives a score of less than 80 points on its physical condition inspection as a standard 3 performing property; and (B) conduct a physical inspection of a standard 3 performing property every year. (e) Special requirements If a covered property receives a score in the range of a standard 1 performing property or standard 2 performing property on its physical condition inspection and has been cited by the Secretary as having an exigent health and safety deficiency, the property— (1) shall only shall be designated as a standard 1 performing property or standard 2 performing property, respectively, if the owner resolves the deficiency; and (2) shall be designated as a standard 3 performing property if the owner does not resolve the deficiency. (f) Authority To delay inspections (1) In general Notwithstanding subsection (d), the Secretary may delay the physical inspection of a covered property that is undergoing a substantial rehabilitation. (2) Definition For purposes of this subsection, the term substantial rehabilitation

HUD Inspection Reform and Capital Improvement Act of 2023

Livestock Disaster Assistance Improvement Act of 2023 This bill modifies access to Department of Agriculture disaster assistance programs and requires increased interagency cooperation in drought-related activities. The bill specifies that state and federal grazing permit holders are eligible for the Emergency Conservation Program and the Emergency Forest Restoration Program. Further, emergency measures eligible for payments include new permanent measures, such as permanent water wells and pipelines. The bill also waives the 30-day comment period required for applications under the National Environmental Policy Act of 1969 for emergency measures carried out during a drought emergency. Modifications to the Livestock Forage Disaster Program allow for one monthly payment when a county has four consecutive weeks of a D2 rating (severe drought) and two payments for eight consecutive weeks of D2. Currently, one payment is available for eight consecutive weeks of D2. The bill expands coverage for honey bee producers under the Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish Program (ELAP) for losses caused by adverse weather or drought, such as transportation costs and reduced honey crops. Further, the bill requires the ELAP payment rate for honey bee producers to incorporate additional factors, such as per-hive and per-colony rates of loss. The USDA must establish an interagency working group to improve the consistency and accuracy of U.S. Drought Monitor data. Finally, the Farm Service Agency and the Forest Service must enter into a memorandum of understanding to better align their drought response activities.

118 S555 IS: Livestock Disaster Assistance Improvement Act of 2023 U.S. Senate 2023-02-28 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 1st Session S. 555 IN THE SENATE OF THE UNITED STATES February 28, 2023 Mr. Thune Mr. Luján Committee on Agriculture, Nutrition, and Forestry A BILL To improve disaster assistance programs of the Department of Agriculture, and for other purposes. 1. Short title This Act may be cited as the Livestock Disaster Assistance Improvement Act of 2023 2. Emergency conservation program Title IV of the Agricultural Credit Act of 1978 is amended by inserting after section 402B ( 16 U.S.C. 2202b 402C. Additional requirements for the emergency conservation program (a) Eligibility of Federal, State, and local land users (1) In general An agricultural producer eligible to receive payments under sections 401 and 402 includes a person that— (A) holds a permit from the Federal Government to conduct agricultural production or grazing on Federal land; or (B) leases land from a State or unit of local government to conduct agricultural production or grazing on that land. (2) Effect Nothing in this subsection authorizes the Secretary to make a payment under section 401 or 402 to a State or unit of local government. (b) Permanent improvements Emergency measures eligible for payments under sections 401 and 402 include— (1) new permanent measures, including permanent water wells and pipelines; and (2) replacement or restoration of existing emergency measures with permanent measures, including permanent water wells and pipelines. (c) Streamlining application process (1) Waiver of public comment During a drought emergency, as determined by the Secretary, the 30-day public comment period required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. Secretary of the Interior (2) Acceptance of NRCS reviews With respect to an application to carry out emergency measures under section 401 or 402 on land administered by the Secretary of the Interior, the Secretary of the Interior may accept— (A) during a drought emergency, as determined by the Secretary, an archeological review conducted by the Secretary, acting through the Chief of the Natural Resources Conservation Service, for purposes of an archeological review required to be conducted; (B) an environmental review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (C) a review under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. . 3. Emergency forest restoration program Section 407 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206 (1) in subsection (a)— (A) by redesignating paragraphs (1) through (3) as paragraphs (3) through (5), respectively; (B) by inserting before paragraph (3) (as so redesignated) the following: (1) Eligible entity The term eligible entity (A) with respect to nonindustrial private forest land, an owner of the nonindustrial private forest land; (B) with respect to Federal land, a person that holds a permit from the Federal Government to conduct agricultural production or grazing on the Federal land; and (C) with respect to land owned by a State or a unit of local government, a person that leases land from the State or unit of local government to conduct agricultural production or grazing on that land. (2) Eligible land The term eligible land (A) nonindustrial private forest land; (B) Federal land; and (C) land owned by a State or unit of local government. ; and (C) in paragraph (3) (as so redesignated)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking nonindustrial private forest land eligible land (II) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (ii) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (iii) in the matter preceding clause (i) (as so redesignated), by striking The term (A) In general The term ; and (iv) by adding at the end the following: (B) Inclusions The term emergency measures (i) new permanent measures described in subparagraph (A), including permanent water wells and pipelines; and (ii) replacement or restoration of existing emergency measures with permanent measures described in subparagraph (A), including permanent water wells and pipelines. ; (2) in subsection (b)— (A) by striking an owner of nonindustrial private forest land who an eligible entity that (B) by striking restore the land restore eligible land (3) in subsection (c)— (A) by striking owner must eligible entity shall (B) by striking nonindustrial private forest land eligible land (4) in subsection (d), by striking an owner of nonindustrial private forest land an eligible entity (5) by redesignating subsection (e) as subsection (g); and (6) by inserting after subsection (d) the following: (e) Streamlining application process (1) Waiver of public comment During a drought emergency, as determined by the Secretary, the 30-day public comment period required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. Secretary of the Interior (2) Acceptance of NRCS reviews With respect to an application to carry out emergency measures under this section on land administered by the Secretary of the Interior, the Secretary of the Interior may accept— (A) during a drought emergency, as determined by the Secretary, an archeological review conducted by the Secretary, acting through the Chief of the Natural Resources Conservation Service, for purposes of an archeological review required to be conducted; (B) an environmental review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (C) a review under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (f) Effect Nothing in this section authorizes the Secretary to make a payment under this section to a State or unit of local government. . 4. Livestock forage disaster program Section 1501(c)(3)(D)(ii)(I) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(c)(3)(D)(ii)(I) (1) by striking at least 8 consecutive (aa) 4 consecutive weeks during the normal grazing period for the county, as determined by the Secretary, shall be eligible to receive assistance under this paragraph in an amount equal to 1 monthly payment using the monthly payment rate determined under subparagraph (B); or (bb) 8 consecutive ; and (2) in item (bb) (as so designated), by striking 1 monthly payment 2 monthly payments 5. Emergency assistance for livestock, honey bees, and farm-raised fish (a) In general Section 1501(d) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(d) (1) in paragraph (1), by inserting drought, adverse weather, (2) in paragraph (2), by inserting adverse weather or drought (such as added transportation costs, feed costs, and reduced honey crops for eligible producers of honey bees), disease, (3) in paragraph (4)— (A) by striking In the case (A) In general In the case ; and (B) by adding at the end the following: (B) Requirements The payment rate under subparagraph (A) shall— (i) in the case of eligible producers of honey bees, incorporate per-hive and per-colony rates of loss; and (ii) incorporate a standardized expected mortality rate of 15 percent. ; and (4) by adding at the end the following: (5) Documentation (A) In general Any requirements for the submission of documentation by an eligible producer to receive a payment under this subsection shall be consistent nationwide. (B) Producers of honey bees The Secretary, in consultation with eligible producers of honey bees, shall establish a standard, for purposes of this subsection, for— (i) collecting data; and (ii) setting an annual rate for replacing colonies and hives of honey bees. . (b) Applicability to producers of honey bees The Secretary of Agriculture shall apply the amendments made by subsection (a) to producers of honey bees such that there is no limit on the size of a beekeeping operation with respect to those amendments. 6. Drought monitor interagency working group (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall establish an interagency working group (referred to in this section as the working group 7 U.S.C. 5856 (b) Membership The working group shall consist of not fewer than— (1) 3 representatives from the Department of Agriculture, including 1 representative from each of— (A) the Office of the Chief Economist, who shall serve as the Chair of the working group; (B) the Forest Service; and (C) the Farm Service Agency; (2) 4 representatives from the National Oceanic and Atmospheric Administration, including 1 representative from each of— (A) the Climate Prediction Center; (B) the National Centers for Environmental Information; (C) the National Integrated Drought Information System; and (D) the National Mesonet Program; (3) 1 representative from the National Drought Mitigation Center; (4) 1 representative from the Department of the Interior; and (5) 3 representatives from mesonet programs in States— (A) that have experienced severe drought, as determined by the United States Drought Monitor, in not less than 5 calendar years during the period of calendar years 2012 through 2021; and (B) more than 50 percent of the land area of which is designated by the Economic Research Service as a Level 1 frontier and remote area. (c) Duties The working group shall— (1) develop a means for the inclusion of additional in-situ data into the process of developing the United States Drought Monitor, including— (A) determining minimum requirements for data to be included in the United States Drought Monitor; (B) identifying data available from other government agencies, including through portals managed by the National Oceanic and Atmospheric Administration; and (C) identifying gaps in coverage and determining solutions to address those gaps; (2) identify and address potential barriers to the use of existing data, including— (A) identifying Federal datasets that would be of immediate use in developing the United States Drought Monitor where access is restricted to some or all authors of the United States Drought Monitor; and (B) developing proposed accommodations, modifications to contractual agreements, or updates to interagency memoranda of understanding to allow for incorporation of datasets identified under subparagraph (A); (3) develop an open and transparent methodology for vetting data products developed using remote sensing or modeling; (4) if determined appropriate by the working group, develop a methodology for inclusion of data that may otherwise be excluded from the United States Drought Monitor due to shorter periods of record; and (5) identify and address any other issues relating to data availability and quality, as determined appropriate by the Chair of the working group. (d) Report (1) In general Not later than 1 year after the date of enactment of this Act, the working group shall submit to the Secretary of Agriculture, the Secretary of Commerce, the Secretary of the Interior, and the relevant committees of Congress a report containing recommendations for changes in policies, regulations, guidance documents, or existing law to meet the objectives described in subsection (c). (2) Definition of relevant committees of Congress In this subsection, the term relevant committees of Congress (A) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (B) the Committee on Commerce, Science, and Transportation of the Senate; (C) the Committee on Agriculture of the House of Representatives; and (D) the Committee on Science, Space, and Technology of the House of Representatives. (e) Action by the Secretary Not later than 180 days after the date of submission of the report under subsection (d), the Secretary of Agriculture, in coordination with the Secretary of Commerce and the Secretary of the Interior, shall incorporate, to the extent practicable, the recommendations of the working group to improve the United States Drought Monitor in accordance with section 12512 of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 5856 (f) Termination The working group shall terminate on the date that is 90 days after the date on which the report is submitted under subsection (d). 7. Alignment of Farm Service Agency and Forest Service drought response (a) In general Not later than 60 days after the date of submission of the report under section 6(d), the Administrator of the Farm Service Agency and the Chief of the Forest Service shall enter into a memorandum of understanding to better align drought response activities of the Farm Service Agency and the Forest Service (referred to in this section as the agencies (b) Contents The memorandum of understanding entered into under subsection (a) shall include— (1) a commitment to better align practices of the agencies with respect to determining the severity of regional drought conditions; (2) a strategy for amending those determinations to ensure consistent policy with respect to drought response in cases where the agencies are making inconsistent determinations within the same spatial scale; (3) an agreement to utilize, to the extent practicable, the United States Drought Monitor in making those determinations; and (4) an agreement to provide consistent information to grazing permittees, operators, and other stakeholders affected by determinations relating to drought.

Livestock Disaster Assistance Improvement Act of 2023

Combating Racist Training in the Military Act of 2023 This bill prohibits the Armed Forces and academic institutions of the Department of Defense from promoting specified anti-American and racist theories (e.g., that any race is inherently superior or inferior to any other race). Specifically, the bill prohibits including anti-American and racist theories or materials in curricula, reading lists, seminars, workshops, trainings, or other educational or professional settings in a manner that could appear as sponsorship, approval, or endorsement; contracting with, hiring, or otherwise engaging speakers, consultants, diversity trainers, and other persons for the purpose of advocating anti-American and racist theories; compelling members of the Armed Forces to affirm or profess belief in anti-American and racist theories; and segregating members of the Armed Forces by race in any setting, including educational and training sessions.

118 S556 IS: Combating Racist Training in the Military Act of 2023 U.S. Senate 2023-02-28 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 1st Session S. 556 IN THE SENATE OF THE UNITED STATES February 28, 2023 Mr. Cotton Mr. Daines Mrs. Blackburn Mr. Lee Mr. Lankford Committee on Armed Services A BILL To prohibit the United States Armed Forces from promoting anti-American and racist theories. 1. Short title This Act may be cited as the Combating Racist Training in the Military Act of 2023 2. Findings Congress makes the following findings: (1) The founding principles of the United States include the belief, enshrined in the Declaration of Independence, that all men are created equal are endowed by their Creator with certain unalienable Rights (2) The United States commitment to the equal dignity and natural rights of all mankind is the strongest possible defense against racism and oppression of all kinds. (3) The mission of the United States Armed Forces is to support and defend the Constitution of the United States against all enemies, foreign and domestic bear true faith and allegiance to the same (4) To carry out this mission, the Armed Forces must train leaders who love the United States, its citizens, and the aforementioned founding principles. (5) Anti-American and racist theories, such as Critical Race Theory (6) Such theories encourage people to judge and treat others differently on the basis of their race, rather than treating them as equal citizens and human beings with equal dignity and protection under the law. (7) Anti-American and racist theories, such as Critical Race Theory, teach students to distrust and even hate their country and fellow citizens. (8) The United States Armed Forces should not promote or otherwise encourage anti-American and racist theories that demoralize and divide its members while undermining its mission to bear true faith and allegiance 3. Prohibition on promotion of anti-American and racist theories (a) In general The United States Armed Forces and academic institutions operated or controlled by the Department of Defense shall not promote the following anti-American and racist theories: (1) Any race is inherently superior or inferior to any other race. (2) The United States of America is a fundamentally racist country. (3) The Declaration of Independence or the United States Constitution are fundamentally racist documents. (4) An individual’s moral character or worth is determined by his or her race. (5) An individual, by virtue of his or her race, is inherently racist or oppressive, whether consciously or unconsciously. (6) An individual, because of his or her race, bears responsibility for the actions committed by other members of his or her race. (b) Promote defined In this section, the term promote (1) Including theories described under subsection (a) or materials that advocate such theories in curricula, reading lists, seminars, workshops, trainings, or other educational or professional settings in a manner that could reasonably give rise to the appearance of official sponsorship, approval, or endorsement. (2) Contracting with, hiring, or otherwise engaging speakers, consultants, diversity trainers, and other persons for the purpose of advocating theories described under subsection (a). (3) Compelling members of the Armed Forces to affirm or profess belief in theories described under subsection (a). (4) Segregating members of the Armed Forces or other individuals by race in any setting, including educational and training sessions. (c) Rules of construction (1) Protected speech not restricted Nothing in this section shall be construed to restrict the protected speech of members of the Armed Forces or any individual. (2) Access to materials for the purpose of research or independent study Nothing in this section shall be construed to prevent individuals from accessing materials that advocate theories described under subsection (a) for the purpose of research or independent study. (3) Contextual education Nothing in this section shall be construed to prevent the United States Armed Forces and academic institutions operated or controlled by the Department of Defense from stating theories described under subsection (a) or assigning materials that advocate such theories for educational purposes in contexts that make clear the United States Armed Forces and Department of Defense does not sponsor, approve, or endorse such theories or works.

Combating Racist Training in the Military Act of 2023

Opportunities for Fairness in Farming Act of 2023 This bill establishes restrictions and requirements for checkoff programs, which are programs overseen by the Department of Agriculture (USDA) to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands. The bill prohibits boards established to carry out a checkoff program or a USDA order issued under a checkoff program from entering into a contract or agreement to carry out program activities with a party that engages in activities to influence any government policy or action that relates to agriculture. A board or its employees or agents acting in their official capacity may not engage in any act that may involve a conflict of interest; anticompetitive activity; unfair or deceptive act or practice; or act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. Upon approval of USDA, a board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law if the agreement or contract requires records accounting for the funds received to be submitted to the board. The board must meet specified requirements regarding the publication of budgets and disbursements of funds. The USDA Inspector General and the Government Accountability Office must conduct specified audits regarding checkoff programs.

118 S557 IS: Opportunities for Fairness in Farming Act of 2023 U.S. Senate 2023-02-28 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 1st Session S. 557 IN THE SENATE OF THE UNITED STATES February 28, 2023 Mr. Lee Mr. Booker Mr. Paul Ms. Warren Mrs. Gillibrand Committee on Agriculture, Nutrition, and Forestry A BILL To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes. 1. Short title This Act may be cited as the Opportunities for Fairness in Farming Act of 2023 2. Findings Congress finds that— (1) the generic programs to promote and provide research and information for an agricultural commodity (commonly known as checkoff programs (2) although the laws establishing checkoff programs broadly prohibit the use of funds in any manner for the purpose of influencing legislation or government action, checkoff programs have repeatedly been shown to use funds to influence policy directly or by partnering with organizations that lobby; (3) the unlawful use of checkoff programs funds benefits some agricultural producers while harming many others; (4) to more effectively prevent Boards from using funds for unlawful purposes, strict separation of engagement between the Boards and policy entities is necessary; (5) conflicts of interest in the checkoff programs allow special interests to use checkoff program funds for the benefit of some assessed agricultural producers at the expense of many others; (6) prohibiting conflicts of interest in checkoff programs is necessary to ensure the proper and lawful operation of the checkoff programs; (7) checkoff programs are designed to promote agricultural commodities, not to damage other types of agricultural commodities through anticompetitive conduct or otherwise; (8) prohibiting anticompetitive and similar conduct is necessary to ensure proper and lawful operation of checkoff programs; (9) lack of transparency in checkoff programs enables abuses to occur and conceals abuses from being discovered; and (10) requiring transparency in the expenditure of checkoff program funds is necessary to prevent and uncover abuses in checkoff programs. 3. Definitions In this Act: (1) Board The term Board (2) Checkoff program The term checkoff program (A) The Cotton Research and Promotion Act ( 7 U.S.C. 2101 et seq. (B) The Potato Research and Promotion Act ( 7 U.S.C. 2611 et seq. (C) The Egg Research and Consumer Information Act ( 7 U.S.C. 2701 et seq. (D) The Beef Research and Information Act ( 7 U.S.C. 2901 et seq. (E) The Wheat and Wheat Foods Research and Nutrition Education Act ( 7 U.S.C. 3401 et seq. (F) The Floral Research and Consumer Information Act ( 7 U.S.C. 4301 et seq. (G) Subtitle B of the Dairy Production Stabilization Act of 1983 ( 7 U.S.C. 4501 et seq. (H) The Honey Research, Promotion, and Consumer Information Act ( 7 U.S.C. 4601 et seq. (I) The Pork Promotion, Research, and Consumer Information Act of 1985 ( 7 U.S.C. 4801 et seq. (J) The Watermelon Research and Promotion Act ( 7 U.S.C. 4901 et seq. (K) The Pecan Promotion and Research Act of 1990 ( 7 U.S.C. 6001 et seq. (L) The Mushroom Promotion, Research, and Consumer Information Act of 1990 ( 7 U.S.C. 6101 et seq. (M) The Lime Research, Promotion, and Consumer Information Act of 1990 ( 7 U.S.C. 6201 et seq. (N) The Soybean Promotion, Research, and Consumer Information Act ( 7 U.S.C. 6301 et seq. (O) The Fluid Milk Promotion Act of 1990 ( 7 U.S.C. 6401 et seq. (P) The Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993 ( 7 U.S.C. 6801 et seq. (Q) The Sheep Promotion, Research, and Information Act of 1994 ( 7 U.S.C. 7101 et seq. (R) Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7401 (S) The Commodity Promotion, Research, and Information Act of 1996 ( 7 U.S.C. 7411 et seq. (T) The Canola and Rapeseed Research, Promotion, and Consumer Information Act ( 7 U.S.C. 7441 et seq. (U) The National Kiwifruit Research, Promotion, and Consumer Information Act ( 7 U.S.C. 7461 et seq. (V) The Popcorn Promotion, Research, and Consumer Information Act ( 7 U.S.C. 7481 et seq. (W) The Hass Avocado Promotion, Research, and Information Act of 2000 ( 7 U.S.C. 7801 et seq. (3) Conflict of interest The term conflict of interest (4) Secretary The term Secretary 4. Requirements of checkoff programs (a) Prohibitions (1) In general Except as provided in paragraph (4), a Board shall not enter into any contract or agreement to carry out checkoff program activities with a party that engages in activities for the purpose of influencing any government policy or action that relates to agriculture. (2) Conflict of interest A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in, any act that may involve a conflict of interest. (3) Other prohibitions A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in— (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. (4) Exception for certain contracts with institutions of higher education Paragraph (1) shall not apply to a contract or agreement entered into between a Board and an institution of higher education for the purpose of research, extension, and education. (b) Authority To enter into contracts Notwithstanding any other provision of law, on approval of the Secretary, a Board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law. (c) Production of records (1) In general Each contract or agreement of a checkoff program shall provide that the entity that enters into the contract or agreement shall produce to the Board accurate records that account for all funds received under the contract or agreement, including any goods or services provided or costs incurred in connection with the contract or agreement. (2) Maintenance of records A Board shall maintain any records received under paragraph (1). (d) Publication of budgets and disbursements (1) In general The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. (2) Required disclosures In carrying out paragraph (1), the Board shall disclose— (A) the amount of the disbursement; (B) the purpose of the disbursement, including the activities to be funded by the disbursement; (C) the identity of the recipient of the disbursement; and (D) the identity of any other parties that may receive the disbursed funds, including any contracts or subcontractors of the recipient of the disbursement. (e) Audits (1) Periodic audits by Inspector General of USDA (A) In general Not later than 2 years after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit to determine the compliance of each checkoff program with this section during the period of time covered by the audit. (B) Review of records An audit conducted under subparagraph (A) shall include a review of any records produced to the Board under subsection (c)(1). (C) Submission of reports On completion of each audit under subparagraph (A), the Inspector General of the Department of Agriculture shall— (i) prepare a report describing the audit; and (ii) submit the report described in clause (i) to— (I) the appropriate committees of Congress, including the Subcommittee on Antitrust, Competition Policy and Consumer Rights of the Committee on the Judiciary of the Senate; and (II) the Comptroller General of the United States. (2) Audit by Comptroller General (A) In general Not earlier than 3 years, and not later than 5 years, after the date of enactment of this Act, the Comptroller General of the United States shall— (i) conduct an audit to assess— (I) the status of actions taken for each checkoff program to ensure compliance with this section; and (II) the extent to which actions described in subclause (I) have improved the integrity of a checkoff program; and (ii) prepare a report describing the audit conducted under clause (i), including any recommendations for— (I) strengthening the effect of actions described in clause (i)(I); and (II) improving Federal legislation relating to checkoff programs. (B) Consideration of Inspector General reports The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). 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 provision to any other person or circumstance, shall not be affected.

Opportunities for Fairness in Farming Act of 2023

Cash Refunds for Flight Cancellations Act of 2023 This bill requires air carriers and ticket agents to offer full cash refunds for airline tickets if (1) an air carrier cancels or significantly delays a flight, or (2) a passenger cancels their ticket for a flight at least 48 hours before the scheduled departure time. The bill permits air carriers and tickets agents to offer alternative forms of compensation, including credit or vouchers, provided that such offer is valid indefinitely, and the offer includes a clear and conspicuous notice of the passenger's right to a cash refund. Additionally, the bill requires air carriers and ticket agents to disclose to passengers, prior to the sale of airline tickets, that they can cancel their tickets and receive a full refund.

116 S561 IS: Cash Refunds for Flight Cancellations Act of 2023 U.S. Senate 2023-03-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 561 IN THE SENATE OF THE UNITED STATES February 28, 2023 Mr. Markey Mr. Blumenthal Mr. Sanders Mr. Schatz Ms. Warren Mr. Welch Mr. Whitehouse Mr. Wyden Committee on Commerce, Science, and Transportation A BILL To provide for cash refunds for canceled airline flights and tickets. 1. Short title This Act may be cited as the Cash Refunds for Flight Cancellations Act of 2023 2. Cash refunds for canceled airline flights and tickets (a) In general Chapter 417 41727. Cash refunds for canceled airline flights and tickets (a) Cash refunds (1) Requirement (A) In general Subject to subparagraph (B), a covered carrier or ticket agent who sells a ticket for a passenger to take a covered flight, and either such flight is canceled or significantly delayed (as defined by the Secretary of Transportation) by the covered carrier or such ticket is canceled by the passenger at least 48 hours before the scheduled departure of the flight, shall offer the passenger a full cash refund for such ticket, including any ancillary fees paid, within 30 days of the passenger making the request. (B) Limitation A covered carrier or ticket agent shall only be required to offer a cash refund under subparagraph (A) for 1 flight booked by a passenger on any city-pair itinerary on any given date. (2) Alternative form of compensation (A) In general A covered carrier or ticket agent may offer an alternative form of compensation determined appropriate by the covered carrier or ticket agent, including a credit, a voucher, or other mechanism to compensate a passenger, provided that any such offer includes a clear and conspicuous notice of a passenger’s right to a cash refund under paragraph (1). (B) No expiration date An alternative form of compensation provided pursuant to subparagraph (A) shall remain valid and redeemable by the passenger indefinitely. (3) Retroactive refunds In the case of a passenger who— (A) received an alternative form of compensation during the period beginning on March 1, 2020, and ending on the day prior to the date of enactment of this Act for a covered flight or ticket for a covered flight canceled by the covered carrier or by the passenger; and (B) has not fully used such alternative compensation, such passenger may request a cash refund to replace the alternative compensation, or the remaining alternative compensation if the passenger has used part of the alternative compensation, and the covered carrier or ticket agent shall comply with such request within 30 days of receiving such request. (4) Reimbursement to ticket agent A ticket agent who provides a cash refund to a passenger under this section, including a retroactive refund under paragraph (3), shall be entitled to prompt reimbursement from any covered carrier for the portion of the ticket price paid to that carrier. (b) Funding (1) In general Subject to paragraph (2), a covered carrier or ticket agent may use amounts appropriated or otherwise made available to the commercial airline industry in any appropriations enacted on or after March 1, 2020, in response to COVID–19 to pay for the cash refunds under subsection (a), including retroactive refunds under paragraph (3) of such subsection. (2) Limitation A covered carrier may not use amounts appropriated under section 4112 of the Coronavirus Economic Stabilization Act of 2020 (title IV of division A of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 (c) Disclosure (1) Prior to purchase Prior to the sale of a ticket for passenger to take a covered flight, a covered carrier or ticket agent shall disclose, in writing in written or electronic communication, that the passenger has a right to cancel their ticket at any time for any reason and receive a full cash refund. (2) Cancelled or significantly delayed flight In the case of a covered carrier or ticket agent who sells a ticket for a passenger to take a covered flight, if such flight is canceled or significantly delayed (as defined by the Secretary of Transportation) by the covered carrier or such ticket is canceled by the passenger at least 48 hours before the scheduled departure of the flight, the covered carrier or ticket agent shall disclose, in writing in written or electronic communication, that the passenger has a right to receive a full cash refund for their ticket. (3) Requirements for disclosure Any written or electronic disclosure under paragraph (1) or (2) shall be in a clear and conspicuous format. (d) Definitions In this section: (1) Air carrier, foreign air carrier, ticket agent, and United States The terms air carrier, foreign air carrier, ticket agent, and United States (2) Covered carrier The term covered carrier (A) any passenger air carrier that had an operating revenue in 2018 that exceeded $1,500,000,000 according to the Bureau of Transportation Statistics; or (B) any passenger foreign air carrier operating a flight to or from the United States. (3) Covered flight The term covered flight . (b) Enforcement Section 46301 of title 49, United States Code, is amended by adding at the end the following new subsection: (j) Penalties relating to cash refunds for canceled airline flights and tickets An air carrier or ticket agent that violates section 41727 shall be liable to the Government for a civil penalty of $1,000 for each violation. . (c) Clerical amendment The analysis for chapter 417 41727. Cash refunds for canceled airline flights and tickets. . (d) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act.

Cash Refunds for Flight Cancellations Act of 2023

Parental Data Rights Act This bill establishes parental notification requirements for social media companies that allow minors to create accounts. Specifically, the bill requires a social media company to (1) collect contact information of a parent or guardian at the time a minor child creates an account, and (2) notify a parent or guardian when a minor child creates an account. It authorizes a civil action against a social media company that fails to provide, upon request, access to the minor's usage data or the ability to delete a minor's account and associated data.

118 S564 IS: Parental Data Rights Act U.S. Senate 2023-02-28 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 1st Session S. 564 IN THE SENATE OF THE UNITED STATES February 28, 2023 Mr. Hawley Committee on Commerce, Science, and Transportation A BILL To permit parents to bring a civil action against social media companies that fail to provide parental access and data control rights with respect to the social media accounts of minor children, and for other purposes. 1. Short title This Act may be cited as the Parental Data Rights Act 2. Parental social media account access (a) Definitions In this section: (1) Contact information The term contact information (A) the full legal name of the individual; and (B) the email address of the individual. (2) Covered interactive computer service The term covered interactive computer service (A) that is provided through a website, online application, or mobile application (including a single interactive computer service that is provided through more than 1 such website or application); (B) through which information provided by another information content provider is distributed; and (C) that enables an individual user to create an account for the purpose of viewing, generating, or modifying content that can be viewed, shared, or otherwise interacted with by other third-party users of the interactive computer service. (3) Information content provider; interactive computer service The terms information content provider interactive computer service 47 U.S.C. 230(f) (4) Minor child The term minor child (5) Social media company The term social media company (A) means an entity that provides, in or affecting interstate or foreign commerce, a covered interactive computer service; and (B) does not include an organization described in section 501(c) (b) Parental notification A social media company that permits a minor child to create an account with the social media company shall— (1) at the time the minor child creates the account, require the collection of the contact information of a parent or guardian of that minor child; and (2) notify the parent or guardian, the contact information of whom is collected under paragraph (1), regarding the creation of the account described in that paragraph. (c) Liability A social media company shall be liable in accordance with this section to— (1) any individual who requests, and is denied access to, all data regarding the use, by a minor child in the custody of the individual, of the covered interactive computer service provided by the social media company; and (2) any individual who requests and is denied the ability to delete— (A) an account maintained with the social media company by a minor child in the custody of the individual; and (B) all data associated with the account described in subparagraph (A). (d) Private right of action (1) In general An individual who makes a request under subsection (c) (and who is entitled to have the applicable social media company take action under that subsection in response to that request), may, if that request is denied by the social media company, bring a civil action against the social media company in an appropriate district court of the United States, or in a State court of competent jurisdiction, for— (A) injunctive relief; (B) punitive damages, with treble damages available if, because of the negligence or inaction of that social media company, the individual did not receive from that social media company a notification to which the individual was entitled under subsection (b)(2); and (C) attorney’s fees and costs. (2) Affirmative defense It shall be an affirmative defense to an action brought against a social media company under paragraph (1) that the social media company, at all relevant times— (A) took reasonable, affirmative steps to ascertain the age of each user of the covered interactive computer service provided by the social media company; and (B) did not know, and had no reason to know, that the user that is the subject of the action was a minor child when the user used the covered interactive computer service provided by the social media company. (e) Effective date; applicability This Act— (1) shall take effect on the date that is 180 days after the date of enactment of this Act; and (2) shall not apply to any use of a covered interactive computer service that occurred before the effective date described in paragraph (1).

Parental Data Rights Act

Pregnancy Center Security Act This bill requires the Department of Health and Human Services to award grants on a competitive basis for upgrading the facilities of pregnancy-help organizations. The bill defines these as organizations that provide services to individuals with unintended pregnancies with the intent of encouraging the individuals to give birth; the definition in the bill excludes, however, organizations that perform or refer for abortions (or affiliates of those organizations). Facility upgrades include installing security systems and making the facilities accessible to people with disabilities. The bill prohibits the use of grant funds for abortion-related services.

118 S565 IS: Pregnancy Center Security Act U.S. Senate 2023-02-28 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 1st Session S. 565 IN THE SENATE OF THE UNITED STATES February 28, 2023 Mr. Risch Mrs. Hyde-Smith Mr. Crapo Mr. Cruz Mr. Rubio Mr. Hawley Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Health and Human Services to award grants to pregnancy-help organizations. 1. Short title This Act may be cited as the Pregnancy Center Security Act 2. Grants for pregnancy-help organizations Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. 399V–8. Grants for pregnancy-help organizations (a) In general The Secretary shall award grants, on a competitive basis, to pregnancy-help organizations. (b) Use of funds (1) In general A grant awarded under this section shall be used for upgrading the facilities of the pregnancy-help organization receiving such grant, including through— (A) implementing security upgrades, such as by installing security cameras or security systems; or (B) improvements to comply with requirements under the Americans with Disabilities Act of 1990, including regulations promulgated under such Act. (2) Prohibited uses Notwithstanding paragraph (1), no funds from a grant under this section may be— (A) used to perform, assist, counsel, prescribe, refer for, or encourage abortion; or (B) provided by the pregnancy-help organization to any other entity that performs, assists, counsels, prescribes, refers for, or encourages abortion. (c) Definition of pregnancy-help organization In this section, the term pregnancy-help organization (1) means an organization that seeks to provide a range of services to individuals facing unintended pregnancies, with the intention of encouraging pregnant women to give birth to their unborn children; and (2) notwithstanding paragraph (1), does not include any organization that— (A) performs, assists, counsels, prescribes, refers for, or encourages abortion; or (B) affiliates with any organization that performs, assists, counsels, prescribes, refers for, or encourages abortion. (d) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. .

Pregnancy Center Security Act

Charitable Act This bill allows individual taxpayers who do not otherwise itemize their tax deductions a deduction in taxable years beginning in 2023 or 2024 for charitable contributions. The deduction is limited to one-third of the standard deduction allowed to such taxpayers.

118 S566 IS: Charitable Act U.S. Senate 2023-02-28 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 1st Session S. 566 IN THE SENATE OF THE UNITED STATES February 28, 2023 Mr. Lankford Mr. Coons Mr. Rubio Ms. Cortez Masto Ms. Hassan Mr. Warnock Ms. Collins Ms. Klobuchar Mr. Scott of South Carolina Mr. Peters Mrs. Shaheen Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify and extend the deduction for charitable contributions for individuals not itemizing deductions. 1. Short title This Act may be cited as the Charitable Act 2. Modification and extension of deduction for charitable contributions for individuals not itemizing deductions (a) In general Subsection (p) of section 170 (p) Special rule for taxpayers who do not elect To itemize deductions In the case of a taxable year beginning in 2023 or 2024, the deduction under this subsection for the taxable year shall be equal to so much of the deduction determined under this section (without regard to this subsection) for such taxable year as does not exceed an amount equal to 1/3 . (b) Elimination of penalty (1) In general Section 6662(b) (2) Increased penalty Section 6662 of such Code is amended by striking subsection (l). (3) Conforming amendments (A) Sections 6662(h)(2)(D) of such Code is amended by striking subsection (b)(10) subsection (b)(9) (B) Section 6664(c)(2) of such Code is amended by striking section 6662(b)(10) section 6662(b)(9) (C) Section 6751(b)(2)(A) of such Code is amended by striking by reason of paragraph (9) or (10) of subsection (b) thereof by reason of subsection (b)(9) thereof (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022.

Charitable Act

Richard L. Trumka Protecting the Right to Organize Act of 2023 This bill expands various labor protections related to employees' rights to organize and collectively bargain in the workplace. Specifically, it revises the definitions of employee, supervisor, and employer to broaden the scope of individuals covered by the fair labor standards; permits labor organizations to encourage participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes); and prohibits employers from bringing claims against unions that conduct such secondary strikes. The bill also allows collective bargaining agreements to require all employees represented by the bargaining unit to contribute fees to the labor organization for the cost of such representation, notwithstanding a state law to the contrary, and it expands unfair labor practices to include prohibitions against replacement of, or discrimination against, workers who participate in strikes. The bill makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or a join collective or class-action litigation. Finally, the bill addresses the procedures for union representation elections, modifies the protections against unfair labor practices that result in serious economic harm, and establishes penalties and permits injunctive relief against entities that fail to comply with National Labor Relations Board orders.

104 S567 IS: Richard L. Trumka Protecting the Right to Organize Act of 2023 U.S. Senate 2023-02-28 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 1st Session S. 567 IN THE SENATE OF THE UNITED STATES February 28, 2023 Mr. Sanders Mr. Schumer Mrs. Murray Ms. Baldwin Mr. Bennet Mr. Blumenthal Mr. Booker Mr. Brown Ms. Cantwell Mr. Cardin Mr. Carper Mr. Casey Mr. Coons Ms. Cortez Masto Ms. Duckworth Mr. Durbin Mrs. Feinstein Mr. Fetterman Mrs. Gillibrand Ms. Hassan Mr. Heinrich Mr. Hickenlooper Ms. Hirono Mr. Kaine Mr. King Ms. Klobuchar Mr. Luján Mr. Manchin Mr. Markey Mr. Menendez Mr. Merkley Mr. Murphy Mr. Ossoff Mr. Padilla Mr. Peters Mr. Reed Ms. Rosen Mr. Schatz Mrs. Shaheen Ms. Smith Ms. Stabenow Mr. Tester Mr. Van Hollen Mr. Warnock Ms. Warren Mr. Welch Mr. Whitehouse Mr. Wyden Committee on Health, Education, Labor, and Pensions A BILL To amend the National Labor Relations Act, the Labor Management Relations Act, 1947, and the Labor-Management Reporting and Disclosure Act of 1959, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Richard L. Trumka Protecting the Right to Organize Act of 2023 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Amendments to the National Labor Relations Act Sec. 101. Definitions. Sec. 102. Reports. Sec. 103. Appointment. Sec. 104. Unfair labor practices. Sec. 105. Representatives and elections. Sec. 106. Damages for unfair labor practices. Sec. 107. Enforcing compliance with orders of the Board. Sec. 108. Injunctions against unfair labor practices involving discharge or other serious economic harm. Sec. 109. Penalties. Sec. 110. Limitations on the right to strike. Sec. 111. Fair share agreements permitted. TITLE II—Amendments to the Labor Management Relations Act, 1947 and the Labor-Management Reporting and Disclosure Act of 1959 Sec. 201. Conforming amendments to the Labor Management Relations Act, 1947. Sec. 202. Amendments to the Labor-Management Reporting and Disclosure Act of 1959. TITLE III—Other Matters Sec. 301. Severability. Sec. 302. Authorization of appropriations. I Amendments to the National Labor Relations Act 101. Definitions (a) Joint employer Section 2(2) of the National Labor Relations Act ( 29 U.S.C. 152(2) Two or more persons shall be employers with respect to an employee if each such person codetermines or shares control over the employee’s essential terms and conditions of employment. In determining whether such control exists, the Board or a court of competent jurisdiction shall consider as relevant direct control and indirect control over such terms and conditions, reserved authority to control such terms and conditions, and control over such terms and conditions exercised by a person in fact: Provided, (b) Employee Section 2(3) of the National Labor Relations Act ( 29 U.S.C. 152(3) An individual performing any service shall be considered an employee (except as provided in the previous sentence) and not an independent contractor, unless— (A) the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of service and in fact; (B) the service is performed outside the usual course of the business of the employer; and (C) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed. . (c) Supervisor Section 2(11) of the National Labor Relations Act ( 29 U.S.C. 152(11) (1) by inserting and for a majority of the individual’s worktime interest of the employer (2) by striking assign, (3) by striking or responsibly to direct them, 102. Reports Section 3(c) of the National Labor Relations Act ( 29 U.S.C. 153(c) (1) by striking The Board (1) The Board (2) by adding at the end the following: (2) Effective January 1, 2025, section 3003 of the Federal Reports Elimination and Sunset Act of 1995 ( Public Law 104–66 31 U.S.C. 1113 (3) Each report issued under this subsection shall— (A) include no less detail than reports issued by the Board prior to the termination of such reports under section 3003 of the Federal Reports Elimination and Sunset Act of 1995 ( Public Law 104–66 31 U.S.C. 1113 (B) list each case in which the Designated Agency Ethics Official provided advice regarding whether a Member should be recused from participating in a case or rulemaking; and (C) list each case in which the Designated Agency Ethics Official determined that a Member should be recused from participating in a case or rulemaking. . 103. Appointment Section 4(a) of the National Labor Relations Act ( 29 U.S.C. 154(a) , or for economic analysis 104. Unfair labor practices Section 8 of the National Labor Relations Act ( 29 U.S.C. 158 (1) in subsection (a)— (A) in paragraph (5), by striking the period and inserting ; (B) by adding at the end the following: (6) to promise, threaten, or take any action— (A) to permanently replace an employee who participates in a strike as defined by section 501(2) of the Labor Management Relations Act, 1947 ( 29 U.S.C. 142(2) (B) to discriminate against an employee who is working or has unconditionally offered to return to work for the employer because the employee supported or participated in such a strike; or (C) to lockout, suspend, or otherwise withhold employment from employees in order to influence the position of such employees or the representative of such employees in collective bargaining prior to a strike; and (7) to communicate or misrepresent to an employee under section 2(3) that such employee is excluded from the definition of employee under section 2(3). ; (2) in subsection (b)— (A) by striking paragraphs (4) and (7); (B) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; (C) in paragraph (4), as so redesignated, by striking affected; affected; and (D) in paragraph (5), as so redesignated, by striking ; and (3) in subsection (c), by striking the period at the end and inserting the following: : Provided, 29 U.S.C. 433(b) (4) in subsection (d)— (A) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively; (B) by striking For the purposes of this section (1) For purposes of this section (C) by inserting and to maintain current wages, hours, and terms and conditions of employment pending an agreement arising thereunder (D) by inserting : Provided, making of a concession (E) by inserting further , That where there is in effect (F) by striking The duties imposed (2) The duties imposed (G) by striking by paragraphs (2), (3), and (4) by subparagraphs (B), (C), and (D) of paragraph (1) (H) by striking section 8(d)(1) paragraph (1)(A) (I) by striking section 8(d)(3) paragraph (1)(C) (J) by striking section 8(d)(4) paragraph (1)(D) (K) by adding at the end the following: (3) Whenever collective bargaining is for the purpose of establishing an initial collective bargaining agreement following certification or recognition of a labor organization, the following shall apply: (A) Not later than 10 days after receiving a written request for collective bargaining from an individual or labor organization that has been newly recognized or certified as a representative as defined in section 9(a), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. (B) If after the expiration of the 90-day period beginning on the date on which bargaining is commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Whenever such a request is received, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement. (C) If after the expiration of the 30-day period beginning on the date on which the request for mediation is made under subparagraph (B), or such additional period as the parties may agree upon, the Service is not able to bring the parties to agreement by conciliation, the Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Service, with one member selected by the labor organization, one member selected by the employer, and one neutral member mutually agreed to by the parties. The labor organization and employer must each select the members of the tripartite arbitration panel within 14 days of the Service’s referral; if the labor organization or employer fail to do so, the Service shall designate any members not selected by the labor organization or the employer. A majority of the tripartite arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties. Such decision shall be based on— (i) the employer’s financial status and prospects; (ii) the size and type of the employer’s operations and business; (iii) the employees’ cost of living; (iv) the employees’ ability to sustain themselves, their families, and their dependents on the wages and benefits they earn from the employer; and (v) the wages and benefits other employers in the same business provide their employees. ; (5) by amending subsection (e) to read as follows: (e) Notwithstanding chapter 1 Federal Arbitration Act (1) to enter into or attempt to enforce any agreement, express or implied, whereby prior to a dispute to which the agreement applies, an employee undertakes or promises not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to the employment of such employee in any forum that, but for such agreement, is of competent jurisdiction; (2) to coerce an employee into undertaking or promising not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to the employment of such employee; or (3) to retaliate or threaten to retaliate against an employee for refusing to undertake or promise not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to the employment of such employee: Provided Provided further ; (6) in subsection (g), by striking clause (B) of the last sentence of section 8(d) of this Act subsection (d)(2)(B) (7) by adding at the end the following: (h) (1) The Board shall promulgate regulations requiring each employer to post and maintain, in conspicuous places where notices to employees and applicants for employment are customarily posted both physically and electronically, a notice setting forth the rights and protections afforded employees under this Act. The Board shall make available to the public the form and text of such notice. The Board shall promulgate regulations requiring employers to notify each new employee of the information contained in the notice described in the preceding two sentences. (2) Whenever the Board directs an election under section 9(c) or approves an election agreement, the employer of employees in the bargaining unit shall, not later than 2 business days after the Board directs such election or approves such election agreement, provide a voter list to a labor organization that has petitioned to represent such employees. Such voter list shall include the names of all employees in the bargaining unit and such employees’ home addresses, work locations, shifts, job classifications, and, if available to the employer, personal landline and mobile telephone numbers, and work and personal email addresses; such voter list shall be provided in a searchable electronic format generally approved by the Board unless the employer certifies that the employer does not possess the capacity to produce the list in the required form. Not later than 9 months after the date of enactment of the Richard L. Trumka Protecting the Right to Organize Act of 2023 (i) The rights of an employee under section 7 include the right to use electronic communication devices and systems (including computers, laptops, tablets, internet access, email, cellular telephones, or other company equipment) of the employer of such employee to engage in activities protected under section 7 if such employer has given such employee access to such devices and systems in the course of the work of such employee, absent a compelling business rationale for denying or limiting such use. . 105. Representatives and elections Section 9 of the National Labor Relations Act ( 29 U.S.C. 159 (1) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) Whenever a petition shall have been filed, in accordance with such regulations as may be prescribed by the Board, by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a substantial number of employees (i) wish to be represented for collective bargaining and that their employer declines to recognize their representative as the representative defined in section 9(a), or (ii) assert that the individual or labor organization, which has been certified or is being recognized by their employer as the bargaining representative, is no longer a representative as defined in section 9(a), the Board shall investigate such petition and if it has reasonable cause to believe that a question of representation affecting commerce exists shall provide for an appropriate hearing upon due notice. Such hearing may be conducted by an officer or employee of the regional office, who shall not make any recommendations with respect thereto. If the Board finds upon the record of such hearing that such a question of representation exists, it shall direct an election by secret ballot and shall certify the results thereof. The Board shall find the labor organization’s proposed unit to be appropriate if the employees in the proposed unit share a community of interest, and if the employees outside the unit do not share an overwhelming community of interest with employees inside. At the request of the labor organization, the Board shall direct that the election be conducted through certified mail, electronically, at the work location, or at a location other than one owned or controlled by the employer. No employer shall have standing as a party or to intervene in any representation proceeding under this section. ; (B) in paragraph (3), by striking an economic strike who are not entitled to reinstatement a strike (C) by redesignating paragraphs (4) and (5) as paragraphs (6) and (7), respectively; (D) by inserting after paragraph (3) the following: (4) If the Board finds that, in an election under paragraph (1), a majority of the valid votes cast in a unit appropriate for purposes of collective bargaining have been cast in favor of representation by the labor organization, the Board shall certify the labor organization as the representative of the employees in such unit and shall issue an order requiring the employer of such employees to collectively bargain with the labor organization in accordance with section 8(d). This order shall be deemed an order under section 10(c) of this Act, without need for a determination of an unfair labor practice. (5) (A) If the Board finds that, in an election under paragraph (1), a majority of the valid votes cast in a unit appropriate for purposes of collective bargaining have not been cast in favor of representation by the labor organization, the Board shall certify the results of the election, subject to subparagraphs (B) and (C). (B) In any case in which a majority of the valid votes cast in a unit appropriate for purposes of collective bargaining have not been cast in favor of representation by the labor organization and the Board determines, following a post-election hearing, that the employer has committed a violation of this Act or otherwise interfered with a fair election, and the employer has not demonstrated that the violation or other interference is unlikely to have affected the outcome of the election, the Board shall, without ordering a new election, set aside the election and certify the labor organization as the representative of the employees in such unit and issue an order requiring the employer to bargain with the labor organization in accordance with section 8(d) if, at any time during the period beginning 1 year preceding the date of the commencement of the election and ending on the date upon which the Board makes the determination of a violation or other interference, a majority of the employees in the bargaining unit have signed authorizations designating the labor organization as their collective bargaining representative. (C) In any case where the Board determines that an election under this paragraph should be set aside, the Board shall direct a new election with appropriate additional safeguards necessary to ensure a fair election process, except in cases where the Board issues a bargaining order under subparagraph (B). ; and (E) by inserting after paragraph (7), as so redesignated, the following: (8) Except under extraordinary circumstances— (A) a pre-election hearing under this subsection shall begin not later than 8 days after a notice of such hearing is served on the labor organization and shall continue from day to day until completed; (B) a regional director shall transmit the notice of election at the same time as the direction of election, and shall transmit such notice and such direction electronically (including transmission by email or facsimile) or by overnight mail if electronic transmission is unavailable; (C) not later than 2 days after the service of the notice of hearing, the employer shall— (i) post the Notice of Petition for Election in conspicuous places, including all places where notices to employees are customarily posted; (ii) if the employer customarily communicates with employees electronically, distribute such Notice electronically; and (iii) maintain such posting until the petition is dismissed or withdrawn or the Notice of Petition for Election is replaced by the Notice of Election; (D) regional directors shall schedule elections for the earliest date practicable, but not later than the 20th business day after the direction of election; and (E) a post-election hearing under this subsection shall begin not later than 14 days after the filing of objections, if any. ; (2) in subsection (d), by striking (e) or (d) or (3) by adding at the end the following: (f) The Board shall dismiss any petition for an election with respect to a bargaining unit or any subdivision if, during the 12-month period ending on the date on which the petition is filed— (1) the employer has recognized a labor organization without an election and in accordance with this Act; (2) the labor organization and employer engaged in their first bargaining session following the issuance of a bargaining order by the Board; or (3) the labor organization and successor employer engaged in their first bargaining session following a succession. (g) The Board shall dismiss any petition for an election with respect to a bargaining unit or any subdivision if there is in effect a lawful written collective bargaining agreement between the employer and an exclusive representative covering any employees in the unit specified in the petition, unless the petition is filed— (1) on or after the date that is 3 years after the date on which the collective bargaining agreement took effect; or (2) during the 30-day period beginning on the date that is 90 days before the date that is 3 years after the date on which the collective bargaining agreement took effect. (h) The Board shall suspend the processing of any petition for an election with respect to a bargaining unit or any subdivision if a labor organization files an unfair labor practice charge alleging a violation of section 8(a) and requesting the suspension of a pending petition until the unlawful conduct, if any, is remedied or the charge is dismissed unless the Board determines that employees can, under the circumstances, exercise free choice in an election despite the unlawful conduct alleged in the charge. . 106. Damages for unfair labor practices Section 10(c) of the National Labor Relations Act ( 29 U.S.C. 160(c) suffered by him suffered by such employee: Provided further, Provided further, 8 U.S.C. 1324a(h)(3) 107. Enforcing compliance with orders of the Board (a) In general Section 10 of the National Labor Relations Act ( 29 U.S.C. 160 (1) by striking subsection (e); (2) by redesignating subsection (d) as subsection (e); (3) by inserting after subsection (c) the following: (d) (1) Each order of the Board shall take effect upon issuance of such order, unless otherwise directed by the Board, and shall remain in effect unless modified by the Board or unless a court of competent jurisdiction issues a superseding order. (2) Any person who fails or neglects to obey an order of the Board shall forfeit and pay to the Board a civil penalty of not more than $10,000 for each violation, which shall accrue to the United States and may be recovered in a civil action brought by the Board to the district court of the United States in which the unfair labor practice or other subject of the order occurred, or in which such person or entity resides or transacts business. No action by the Board under this paragraph may be made until 30 days following the issuance of an order. Each separate violation of such an order shall be a separate offense, except that, in the case of a violation in which a person fails to obey or neglects to obey a final order of the Board, each day such failure or neglect continues shall be deemed a separate offense. (3) If, after having provided a person or entity with notice and an opportunity to be heard regarding a civil action under paragraph (2) for the enforcement of an order, the court determines that the order was regularly made and duly served, and that the person or entity is in disobedience of the same, the court shall enforce obedience to such order by an injunction or other proper process, mandatory or otherwise, to— (A) restrain such person or entity or the officers, agents, or representatives of such person or entity, from further disobedience to such order; or (B) enjoin such person or entity, officers, agents, or representatives to obedience to the same. ; (4) in subsection (f)— (A) by striking proceed in the same manner as in the case of an application by the Board under subsection (e) of this section, proceed as provided under paragraph (2) of this subsection (B) by striking Any (1) Within 30 days of the issuance of an order, any (C) by adding at the end the following: (2) No objection that has not been urged before the Board, its member, agent, or agency shall be considered by a court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the Board with respect to questions of fact if supported by substantial evidence on the record considered as a whole shall be conclusive. If either party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the Board, its member, agent, or agency, the court may order such additional evidence to be taken before the Board, its member, agent, or agency, and to be made a part of the record. The Board may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file such modified or new findings, which findings with respect to questions of fact if supported by substantial evidence on the record considered as a whole shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order. Upon the filing of the record with it the jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the appropriate United States court of appeals if application was made to the district court, and by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of title 28, United States Code. ; and (5) in subsection (g), by striking subsection (e) or (f) of this section subsection (d) or (f) (b) Conforming amendment Section 18 of the National Labor Relations Act ( 29 U.S.C. 168 section 10(e) or (f) subsection (d) or (f) of section 10 108. Injunctions against unfair labor practices involving discharge or other serious economic harm Section 10 of the National Labor Relations Act ( 29 U.S.C. 160 (1) in subsection (j)— (A) by striking The Board (1) The Board (B) by adding at the end the following: (2) Notwithstanding subsection (m), whenever it is charged that an employer has engaged in an unfair labor practice within the meaning of paragraph (1), (3), or (4) of section 8(a) that significantly interferes with, restrains, or coerces employees in the exercise of the rights guaranteed under section 7, or involves discharge or other serious economic harm to an employee, the preliminary investigation of such charge shall be made forthwith and given priority over all other cases except cases of like character in the office where it is filed or to which it is referred. If, after such investigation, the officer or regional attorney to whom the matter may be referred has reasonable cause to believe such charge is true and that a complaint should issue, such officer or attorney shall bring a petition for appropriate temporary relief or restraining order as set forth in paragraph (1). The district court shall grant the relief requested unless the court concludes that there is no reasonable likelihood that the Board will succeed on the merits of the Board’s claim. ; and (2) by repealing subsections (k) and (l). 109. Penalties (a) In general Section 12 of the National Labor Relations Act ( 29 U.S.C. 162 (1) by striking Sec. 12. 12. Penalties (a) Violations for interference with board Any person ; and (2) by adding at the end the following: (b) Violations for posting requirements and voter list If the Board, or any agent or agency designated by the Board for such purposes, determines that an employer has violated section 8(h) or regulations issued thereunder, the Board shall— (1) state the findings of fact supporting such determination; (2) issue and cause to be served on such employer an order requiring that such employer comply with section 8(h) or regulations issued thereunder; and (3) impose a civil penalty in an amount determined appropriate by the Board, except that in no case shall the amount of such penalty exceed $500 for each such violation. (c) Civil penalties for violations (1) In general Any employer who commits an unfair labor practice within the meaning of section 8(a) shall, in addition to any remedy ordered by the Board, be subject to a civil penalty in an amount not to exceed $50,000 for each violation, except that, with respect to an unfair labor practice within the meaning of paragraph (3) or (4) of section 8(a) or a violation of section 8(a) that results in the discharge of an employee or other serious economic harm to an employee, the Board shall double the amount of such penalty, to an amount not to exceed $100,000, in any case where the employer has within the preceding 5 years committed another such violation. (2) Considerations In determining the amount of any civil penalty under this subsection, the Board shall consider— (A) the gravity of the unfair labor practice; (B) the impact of the unfair labor practice on the charging party, on other persons seeking to exercise rights guaranteed by this Act, and on the public interest; and (C) the gross income of the employer. (3) Director and officer liability If the Board determines, based on the particular facts and circumstances presented, that a director or officer’s personal liability is warranted, a civil penalty for a violation described in this subsection may also be assessed against any director or officer of the employer who directed or committed the violation, had established a policy that led to such a violation, or had actual or constructive knowledge of and the authority to prevent the violation and failed to prevent the violation. (d) Right to civil action (1) In general Any person who is injured by reason of a violation of paragraph (1), (3), or (4) of section 8(a) may, after 60 days following the filing of a charge with the Board alleging an unfair labor practice, bring a civil action in the appropriate district court of the United States against the employer within 90 days after the expiration of the 60-day period or the date the Board notifies the person that no complaint shall issue, whichever occurs earlier, provided that the Board has not filed a petition under section 10(j) of this Act prior to the expiration of the 60-day period. No relief under this subsection shall be denied on the basis that the employee is, or was during the time of relevant employment or during the back pay period, an unauthorized alien as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) (2) Available relief Relief granted in an action under paragraph (1) may include— (A) back pay without any reduction, including any reduction based on the employee’s interim earnings or failure to earn interim earnings; (B) front pay (when appropriate); (C) consequential damages; (D) an additional amount as liquidated damages equal to two times the cumulative amount of damages awarded under subparagraphs (A) through (C); (E) in appropriate cases, punitive damages in accordance with paragraph (4); and (F) any other relief authorized by section 706(g) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–5(g) 42 U.S.C. 1981a(b) (3) Attorney’s fees In any civil action under this subsection, the court may allow the prevailing party a reasonable attorney’s fee (including expert fees) and other reasonable costs associated with maintaining the action. (4) Punitive damages In awarding punitive damages under paragraph (2)(E), the court shall consider— (A) the gravity of the unfair labor practice; (B) the impact of the unfair labor practice on the charging party, on other persons seeking to exercise rights guaranteed by this Act, and on the public interest; and (C) the gross income of the employer. . (b) Conforming amendments Section 10(b) of the National Labor Relations Act ( 29 U.S.C. 160(b) (1) by striking six months 180 days (2) by striking the six-month period the 180-day period 110. Limitations on the right to strike Section 13 of the National Labor Relations Act ( 29 U.S.C. 163 : Provided, 111. Fair share agreements permitted Section 14(b) of the National Labor Relations Act ( 29 U.S.C. 164(b) : Provided, II Amendments to the Labor Management Relations Act, 1947 and the Labor-Management Reporting and Disclosure Act of 1959 201. Conforming amendments to the Labor Management Relations Act, 1947 The Labor Management Relations Act, 1947 is amended— (1) in section 213(a) ( 29 U.S.C. 183(a) clause (A) of the last sentence of section 8(d) (which is required by clause (3) of such section 8(d)), or within 10 days after the notice under clause (B) section 8(d)(2)(A) of the National Labor Relations Act (which is required by section 8(d)(1)(C) of such Act), or within 10 days after the notice under section 8(d)(2)(B) of such Act (2) by repealing section 303 ( 29 U.S.C. 187 202. Amendments to the Labor-Management Reporting and Disclosure Act of 1959 Section 203(c) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 433(c) : Provided, III Other Matters 301. Severability If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act, or the application of that provision to persons or circumstances other than those as to which it is held invalid, is not affected thereby. 302. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act and the amendments made by this Act.

Richard L. Trumka Protecting the Right to Organize Act of 2023

Harriet Tubman Tribute Act of 2023 This bill directs the Department of the Treasury to ensure that the face of all $20 federal reserve notes printed after December 31, 2030, bear the likeness of Harriet Tubman. Treasury may delay this date by two years if the earlier deadline creates an unacceptable risk (1) of counterfeiting; or (2) to the safe, secure, and speedy functioning of the United States economy.

118 S568 IS: Harriet Tubman Tribute Act of 2023 U.S. Senate 2023-02-28 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 1st Session S. 568 IN THE SENATE OF THE UNITED STATES February 28, 2023 Mrs. Shaheen Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of the Treasury to redesign $20 Federal reserve notes so as to include a likeness of Harriet Tubman, and for other purposes. 1. Short title This Act may be cited as the Harriet Tubman Tribute Act of 2023 2. Likeness of Harriet Tubman required to be included on the face of $20 Federal reserve notes The eighth undesignated paragraph of section 16 of the Federal Reserve Act ( 12 U.S.C. 418 The Secretary of the Treasury shall ensure that the face of all $20 Federal reserve notes printed after December 31, 2030, shall bear the likeness of Harriet Tubman, except that the Secretary may delay such date by not more than 2 years if the Secretary submits to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a determination, after consultation with the Director of the Bureau of Engraving and Printing, the Board, and the Director of the United States Secret Service, that issuing such notes after December 31, 2030, would create an unacceptable risk of counterfeiting or to the safe, secure, and speedy functioning of the United States economy.

Harriet Tubman Tribute Act of 2023

9/11 Responder and Survivor Health Funding Correction Act of 2023 This bill modifies the funding of, expands eligibility for, and makes other changes to the World Trade Center Health Program. This program provides medical monitoring and treatment to responders and survivors who suffer from health conditions related to the terrorist attacks on September 11, 2001. Specifically, the bill provides additional funding for the program through FY2033 to cover program costs. It also sets out a new formula to determine funding amounts for the program from FY2034 through FY2090. Additionally, the bill expands eligibility for the program to include members of the Armed Forces and federal employees and contractors who provided rescue, recovery, demolition, debris clean-up, or related services in response to the attacks at the Pentagon and in Shanksville, PA on September 11, 2001. The bill limits the enrollment of newly eligible individuals in the program to 500 at any given time. Other changes in the bill include (1) allowing certain health care providers other than physicians to determine whether an individual's health condition is related to an attack, and (2) making the program administrator (rather than the centers that collect and analyze health data generated from the program) responsible for establishing criteria for credentialing health care providers that participate in the program.

118 S569 IS: 9/11 Responder and Survivor Health Funding Correction Act of 2023 U.S. Senate 2023-02-28 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 1st Session S. 569 IN THE SENATE OF THE UNITED STATES February 28, 2023 Mrs. Gillibrand Mr. Schumer Mr. Booker Mr. Menendez Mr. Blumenthal Committee on Health, Education, Labor, and Pensions A BILL To amend title XXXIII of the Public Health Service Act with respect to flexibility and funding for the World Trade Center Health Program. 1. Short title This Act may be cited as the 9/11 Responder and Survivor Health Funding Correction Act of 2023 2. Department of Defense, Armed Forces, or other Federal worker responders to the September 11 attacks at the Pentagon and Shanksville, Pennsylvania Title XXXIII of the Public Health Service Act ( 42 U.S.C. 300mm et seq. (1) in section 3306 ( 42 U.S.C. 300mm–5 (A) by redesignating paragraphs (5) through (11) and paragraphs (12) through (17) as paragraphs (6) through (12) and paragraphs (14) through (19), respectively; (B) by inserting after paragraph (4) the following: (5) The term Federal agency ; and (C) by inserting after paragraph (12), as so redesignated, the following: (13) The term uniformed services ; and (2) in section 3311(a) ( 42 U.S.C. 300mm–21(a) (A) in paragraph (2)(C)(i)— (i) in subclause (I), by striking ; or (ii) in subclause (II), by striking ; and (iii) by adding at the end the following: (III) was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Pentagon site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; or (IV) was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Shanksville, Pennsylvania, site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; and ; and (B) in paragraph (4)(A)— (i) by striking (A) In general (A) Limit (i) In general The ; (ii) by inserting or subclause (III) or (IV) of paragraph (2)(C)(i) or (2)(A)(ii) (iii) by adding at the end the following: (ii) Certain responders to the September 11 attacks at the Pentagon and Shanksville, Pennsylvania The total number of individuals who may be enrolled under paragraph (3)(A)(ii) based on eligibility criteria described in subclause (III) or (IV) of paragraph (2)(C)(i) shall not exceed 500 at any time. . 3. Flexibility for certifications under the World Trade Center Health Program (a) In general Section 3305(a) of the Public Health Service Act ( 42 U.S.C. 300mm–4(a) (1) in paragraph (1)(A), by inserting subject to paragraph (6), for (2) by adding at the end the following: (6) Licensed health care provider flexibility (A) In general For purposes of an initial health evaluation described in paragraph (1)(A) (including any such evaluation provided under section 3321(b) or through the nationwide network under section 3313), such evaluation may be conducted by a physician or any other licensed health care provider in a category of health care providers determined by the WTC Program Administrator under subparagraph (B). (B) Categories of licensed health care providers Not later than 180 days after the date of enactment of the 9/11 Responder and Survivor Health Funding Correction Act of 2023 . (b) Flexibility for WTC responders Section 3312(b) of such Act ( 42 U.S.C. 300mm–22(b) (1) in paragraph (1), by striking physician physician or other licensed health care provider in a category determined by the WTC Program Administrator under section 3305(a)(6)(B) (2) in paragraph (2)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking physician physician or other licensed health care provider in a category determined by the WTC Program Administrator under section 3305(a)(6)(B) (ii) in clause (i), by striking physician physician or other licensed health care provider (iii) in clause (ii), by striking such physician's determination the determination of such physician or other licensed health care provider (B) in subparagraph (B)— (i) in the matter preceding clause (i), by striking physician determinations determinations by physicians or other licensed health care providers in categories determined by the WTC Program Administrator under section 3305(a)(6)(B) (ii) in clause (i), by striking physician panel panel of physicians or other licensed health care providers in categories determined by the WTC Program Administrator under section 3305(a)(6)(B) (3) in paragraph (5), by striking examining physician examining physician or other licensed health care provider in a category determined by the WTC Program Administrator under section 3305(a)(6)(B) 4. Criteria for credentialing health care providers participating in the nationwide network Title XXXIII of the Public Health Service Act ( 42 U.S.C. 300mm et seq. (1) in section 3305(a)(2) ( 42 U.S.C. 300mm–4(a)(2) (A) in subparagraph (A)— (i) by striking clause (iv); and (ii) by redesignating clauses (v) and (vi) as clauses (iv) and (v), respectively; (B) by striking subparagraph (B); and (C) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and (2) in section 3313(b)(1) ( 42 U.S.C. 300mm–23(b)(1) Data Centers WTC Program Administrator 5. Clarifying calculation of enrollment (a) Responders Section 3311(a) of such Act ( 42 U.S.C. 300mm–21(a) (6) Deceased WTC responders An individual known to the WTC Program Administrator to be deceased shall not be included in any count of enrollees under this subsection or section 3351. . (b) Survivors Section 3321(a) of such Act ( 42 U.S.C. 300mm–31(a) (5) Deceased WTC survivors An individual known to the WTC Program Administrator to be deceased shall not be included in any count of certified-eligible survivors under this section or in any count of enrollees under section 3351. . 6. Time period for adding health conditions to list for WTC responders Section 3312(a)(6) of the Public Health Service Act ( 42 U.S.C. 300mm–22(a)(6) (1) in subparagraph (B), by striking 90 180 (2) in subparagraph (C), in the second sentence, by striking 90 180 7. Funding for the World Trade Center Health Program (a) Federal funding Section 3351 of the Public Health Service Act ( 42 U.S.C. 300mm–61 (1) in subsection (a)— (A) in paragraph (2)(A)— (i) in clause (x), by striking and (ii) in clause (xi)— (I) by striking subsequent fiscal year through fiscal year 2090 of fiscal years 2026 through 2033 (II) by striking plus and (iii) by adding at the end the following: (xii) for each of fiscal years 2034 through 2090— (I) the amount determined under this subparagraph for the previous fiscal year (plus the sum of any amount expended in the previous fiscal year from the World Trade Center Health Program Special Fund established under section 3353 or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania established under section 3354 and any amount expended from the World Trade Center Health Program Fund established under this section in the previous fiscal year that was carried over from any fiscal year prior to the previous fiscal year including as carried over pursuant to a deposit into such Fund under paragraph (6)) multiplied by 1.05; multiplied by (II) the ratio of— (aa) the total number of individuals enrolled in the WTC Program on July 1 of such previous fiscal year; to (bb) the total number of individuals so enrolled on July 1 of the fiscal year prior to such previous fiscal year; plus ; and (B) by adding at the end the following: (6) Remaining amounts from Special Fund and Pentagon/Shanksville Fund Any amounts that remain available, on September 30, 2033, in the World Trade Center Health Program Special Fund under section 3353 or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 shall be deposited into the Fund. ; and (2) in subsection (c)— (A) in paragraph (4)— (i) by amending subparagraph (A) to read as follows: (A) for fiscal year 2023, the amount determined for such fiscal year under this paragraph as in effect on the day before the date of enactment of the 9/11 Responder and Survivor Health Funding Correction Act of 2023 ; and (ii) in subparagraph (B), by striking 2017, $15,000,000 2024, $20,000,000 (B) in paragraph (5)— (i) by amending subparagraph (A) to read as follows: (A) for fiscal year 2023, the amount determined for such fiscal year under this paragraph as in effect on the day before the date of enactment of the 9/11 Responder and Survivor Health Funding Correction Act of 2023 ; (ii) by redesignating subparagraph (B) as subparagraph (C); and (iii) by inserting after subparagraph (A) the following: (B) for fiscal year 2024, the greater of— (i) the amount determined for such fiscal year under this paragraph as in effect on the day before the date of enactment of the 9/11 Responder and Survivor Health Funding Correction Act of 2023 (ii) $20,000,000; and . (b) Additional funding for the World Trade Center Health Program (1) In general Title XXXIII of the Public Health Service Act ( 42 U.S.C. 300mm et seq. 3353. Special Fund (a) In general There is established a fund to be known as the World Trade Center Health Program Special Fund (referred to in this section as the Special Fund (b) Amount Out of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $1,784,358,336 for deposit into the Special Fund, which amounts shall remain available in such Fund through fiscal year 2033. (c) Uses of funds Amounts deposited into the Special Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator as needed at the discretion of such Administrator, for carrying out any provision in this title (including sections 3303 and 3341(c)). (d) Remaining amounts Any amounts that remain in the Special Fund on September 30, 2033, shall be deposited into the World Trade Center Health Program Fund in accordance with section 3351(a)(6) and remain available in accordance with section 3351(a)(5). 3354. Pentagon/Shanksville Fund (a) In general There is established a fund to be known as the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania (referred to in this section as the Pentagon/Shanksville Fund (b) Amount Out of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $257,000,000 for deposit into the Pentagon/Shanksville Fund, which amounts shall remain available in such Fund through fiscal year 2033. (c) Uses of funds (1) In general Amounts deposited into the Pentagon/Shanksville Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator for the purpose of carrying out section 3312 with regard to WTC responders enrolled in the WTC Program based on eligibility criteria described in subclause (III) or (IV) of section 3311(a)(2)(C)(i). (2) Limitation on other funding Notwithstanding sections 3331(a), 3351(b)(1), 3352(c), and 3353(c), and any other provision in this title, for the period of fiscal years 2024 through 2033, no amounts made available under this title other than those amounts appropriated under subsection (b) may be available for the purpose described in paragraph (1). (d) Remaining amounts Any amounts that remain in the Pentagon/Shanksville Fund on September 30, 2033, shall be deposited into the World Trade Center Health Program Fund in accordance with section 3351(a)(6) and remain available in accordance with section 3351(a)(5). . (c) Conforming amendments Title XXXIII of the Public Health Service Act ( 42 U.S.C. 300mm et seq. (1) in section 3311(a)(4)(B)(i)(II) ( 42 U.S.C. 300mm–21(a)(4)(B)(i)(II) sections 3351 and 3352 this title (2) in section 3321(a)(3)(B)(i)(II) ( 42 U.S.C. 300mm–31(a)(3)(B)(i)(II) sections 3351 and 3352 this title (3) in section 3331 ( 42 U.S.C. 300mm–41 (A) in subsection (a), by striking the World Trade Center Health Program Fund and the World Trade Center Health Program Supplemental Fund (as applicable) the Funds established under sections 3351, 3352, 3353, and 3354 (B) in subsection (d)— (i) in paragraph (1)(A), by inserting or the World Trade Center Health Program Special Fund under section 3353 section 3351 (ii) in paragraph (1)(B), by inserting or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 section 3352 (iii) in paragraph (2), in the flush text following subparagraph (C), by inserting or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 section 3352 (4) in section 3351(b) ( 42 U.S.C. 300mm–61(b) (A) in paragraph (1), by striking subsection (a)(2) paragraph (2) or (6) of subsection (a) (B) in paragraph (2), by inserting , the World Trade Center Health Program Special Fund under section 3353, or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 (C) in paragraph (3), by inserting , the World Trade Center Health Program Special Fund under section 3353, or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354

9/11 Responder and Survivor Health Funding Correction Act of 2023

Medicaid Dental Benefit Act of 2023 This bill requires state Medicaid programs to cover dental and oral health services for adults. It also increases the Federal Medical Assistance Percentage (i.e., federal matching rate) for such services. The Centers for Medicare & Medicaid Services must develop oral health quality and equity measures and conduct outreach relating to such coverage. Additionally, the Medicaid and Children's Health Insurance Program (CHIP) Payment and Access Commission must report on specified information relating to adult oral health care.

117 S570 IS: Medicaid Dental Benefit Act of 2023 U.S. Senate 2023-02-28 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 1st Session S. 570 IN THE SENATE OF THE UNITED STATES February 28, 2023 Mr. Cardin Ms. Stabenow Committee on Finance A BILL To amend title XIX of the Social Security Act to improve coverage of dental and oral health services for adults under Medicaid, and for other purposes. 1. Short title This Act may be cited as the Medicaid Dental Benefit Act of 2023 2. Requiring Medicaid coverage of dental and oral health services for adults (a) In general (1) Mandatory coverage (A) In general (i) Requirement Section 1902(a)(10)(A) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A) Public Law 117–169 (10), (13)(B), (ii) Medically needy (I) In general Section 1902(a)(10)(C)(iv) of such Act ( 42 U.S.C. 1396a(a)(10)(C)(iv) Public Law 117–169 (10), (13)(B) (II) Rule of construction Nothing in this section or the amendments made by this section shall be construed to limit the access of an individual residing in an institutional setting to dental and oral health services (as such term is defined in section 1905(jj) of the Social Security Act, as added by paragraph (2)(B)). (iii) Effective date The amendments made by clauses (i) and (ii) shall apply with respect to expenditures for medical assistance in calendar quarters beginning on or after January 1, 2025. (B) Benchmark coverage Section 1937(b)(5) of the Social Security Act ( 42 U.S.C. 1396u–7(b)(5) , and, beginning January 1, 2025, coverage of dental and oral health services (as such term is defined in section 1905(jj)). (C) Optional application to territories Section 1902(j) of the Social Security Act ( 42 U.S.C. 1396a(j) (i) by striking this title, the Secretary (1) in the case of a State other than the 50 States and the District of Columbia the requirement under subsection (a)(10)(A) to provide the care and services listed in paragraph (10) of section 1905(a) shall be optional; and (2) the Secretary ; and (ii) by striking the second comma after section 1108(f) (2) Definition of dental and oral health services Section 1905 of the Social Security Act ( 42 U.S.C. 1396d (A) in subsection (a)(10), by inserting and dental and oral health services (as defined in subsection (jj)) dental services (B) by adding at the end the following new subsection: (jj) Dental and oral health services For purposes of subsection (a)(10), the term dental and oral health services . (3) Conforming amendment (A) In general Section 1905(a)(10) of the Social Security Act ( 42 U.S.C. 1396d(a)(10) dental services and (B) Effective date The amendment made by subparagraph (A) shall take effect on January 1, 2025. (b) State option for additional dental and oral health benefits Section 1905(a)(13) of the Social Security Act ( 42 U.S.C. 1396d(a)(13) (D) at State option, such items and services related to dental and oral health services (as defined in subsection (jj)) that are in addition to those identified in such subsection (jj) as the State may specify; . (c) Increased FMAP (1) Medicaid Section 1905 of the Social Security Act ( 42 U.S.C. 1396d (A) in subsection (b), by striking and (ii) (ii), and (kk) (B) in subsection (ff), by striking and (ii) , (ii), and (kk) (C) by adding at the end the following new subsection: (kk) Increased FMAP for expenditures related to dental and oral health services (1) In general (A) 50 States and DC Notwithstanding subsection (b), in the case of a State that is 1 of the 50 States or the District of Columbia, during the 12-quarter period that begins on January 1, 2025, the Federal medical assistance percentage shall be equal to 100 percent with respect to amounts expended by the State for medical assistance for dental and oral health services authorized under paragraph (10) of subsection (a). In no case may the application of this subparagraph result in the Federal medical assistance percentage determined for a State with respect to expenditures described in this subparagraph exceeding 100 percent. (B) Territories (i) In general Notwithstanding subsection (b), in the case of a State that is Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa, during a period described in clause (ii), the Federal medical assistance percentage shall be equal to 100 percent with respect to amounts expended by the State for medical assistance for any item or service that is included in dental and oral health services authorized under paragraph (10) of subsection (a). In no case may the application of this clause result in the Federal medical assistance percentage determined for a State with respect to expenditures described in this clause exceeding 100 percent. (ii) Period described A period described in this clause is, with respect to an item or service described in clause (i) and a State described in such clause, the 12-quarter period that begins with the first quarter beginning on or after January 1, 2025, in which such item or service is first covered under the State plan or under a waiver of such plan. (2) Exclusions The Federal medical assistance percentage specified in paragraph (1) shall not apply to amounts expended for medical assistance during any period for— (A) additional items and services authorized under paragraph (13)(D) of subsection (a); or (B) items and services furnished to an individual if, as of the date of enactment of this subsection, medical assistance was available to such individual for such items and services or medicare cost-sharing under the State plan or a waiver of such plan. . (2) Exclusion of amounts attributable to increased FMAP from territorial caps Section 1108 of the Social Security Act ( 42 U.S.C. 1308 (A) in subsection (f), in the matter preceding paragraph (1), by striking subsections (g) and (h) subsections (g), (h), and (j) (B) by adding at the end the following: (j) Exclusion from caps of amounts attributable to increased FMAP for coverage of dental and oral health services Any additional amount paid to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa for expenditures for medical assistance that is attributable to an increase in the Federal medical assistance percentage applicable to such expenditures under section 1905(kk) shall not be taken into account for purposes of applying payment limits under subsections (f) and (g). . 3. Adult oral health quality and equity measures (a) In general Title XI of the Social Security Act ( 42 U.S.C. 1301 et seq. 1139C. Adult oral health quality and equity measures (a) Development of core set of adult oral health care quality and equity measures (1) In general The Secretary shall identify and publish a recommended core set of health quality and equity measures for individuals enrolled in a State plan (or waiver of such plan) under title XIX who are over the age of 21 in the same manner as the Secretary identifies and publishes a core set of child health quality measures under section 1139A, including with respect to identifying and publishing existing oral health quality measures for such individuals that are in use under public and privately sponsored health care coverage arrangements, or that are part of reporting systems that measure both the presence and duration of health insurance coverage over time, that may be applicable to enrolled adults. (2) Alignment with existing core set In identifying and publishing the recommended core set of adult oral health quality and equity measures required under paragraph (1), the Secretary shall ensure that, to the extent possible, such measures align with and do not duplicate the core set of adult health quality and equity measures identified, published, and revised under section 1139B. (3) Process for adult oral health quality and equity measures program In identifying gaps in existing adult oral health quality and equity measures and establishing priorities for the development and advancement of such measures, the Secretary shall consult with— (A) States; (B) health care providers; (C) patient representatives; (D) dental professionals; and (E) national organizations with expertise in oral health quality or equity measurement. (b) Deadlines (1) Recommended measures Not later than 1 year after enactment of this Act, the Secretary shall identify and publish for comment a recommended core set of adult oral health quality and equity measures that includes the following: (A) Measures of utilization of oral health and dental services across health care settings. (B) Measures that address the availability of oral evaluations during or following medical visits for enrolled adults. (C) Measures that address the incidence of emergency department visits for non-traumatic dental conditions. (D) Measures that address the availability and receipt of follow-up dental care after emergency department visits for non-traumatic dental conditions during pregnancy. (E) Measures that address the availability of counseling of enrolled adults aimed at improving oral health outcomes. (F) Measures that address the availability and receipt of care for beneficiaries who meet the medical necessity criteria for general anesthesia and intravenous sedation. (G) Measures that address screening and evaluation for caries risk and periodontitis and treatment for caries risk and periodontitis, including the following: (i) The percentage of enrolled adults who have caries risk documented in the reporting year involved. (ii) The percentage of enrolled adults who received a topical fluoride application or sealants based on an oral health risk assessment demonstrating the need for such application or sealants during the reporting year involved. (iii) The percentage of enrolled adults who received a comprehensive or periodic oral evaluation or a comprehensive periodontal evaluation during the reporting year involved. (iv) The percentage of enrolled adults with a history of periodontitis who received an oral prophylaxis, scaling or root planing, or periodontal maintenance visit at least 2 times during the reporting year involved. (v) The percentage of enrolled adults with diabetes who receive a comprehensive or periodic evaluation or a comprehensive periodontal evaluation during the reporting year involved. (vi) The percentage of enrolled adults who require tooth extraction during the reporting year involved. (vii) The percentage of enrolled adults who require partial or full dentures during the reporting year involved. (2) Dissemination Not later than 1 year after enactment of this Act, the Secretary shall publish an initial core set of oral health quality and equity measures that are applicable to enrolled adults. (3) Standardized reporting Not later than 2 years after the date of the enactment of this Act, the Secretary, in consultation with States, shall develop a standardized format for the collection and reporting of information based on the initial core set of adult oral health quality and equity measures (stratified by race, ethnicity, primary language, disability status, sexual orientation and gender identity) and create guidelines, procedures, and incentives to States to use such measures and to collect and report information regarding the quality and equity of oral health care for enrolled adults. (4) Reports to Congress Not later than 3 years after enactment of this act, and every 3 years thereafter, the Secretary shall include in the report to Congress required under section 1139A(a)(6) information similar to the information required under that section with respect to the measures established under this section. (c) Annual state reports regarding state-Specific oral health quality and equity measures applied under medicaid (1) In general Each State with a plan approved under title XIX (or with a waiver of such plan in effect) shall annually report (separately or as part of the annual report required under section 1139A(c)) to the Secretary on— (A) the State-specific adult oral health quality and equity measures applied by the State under such a plan or waiver, including measures described in subsection (b)(1); (B) the State-specific information on the quality and equity of oral health care furnished to enrolled adults under such a plan or waiver, including information collected through external quality reviews of managed care organizations under section 1932 and benchmark plans under section 1937, disaggregated by race, ethnicity, primary language, disability status, sexual orientation, and gender identity; (C) the State-specific information regarding the dental benefits available to enrolled adults under such a plan or waiver, including any limits on such benefits and the amount of reimbursement provided under such plan or waiver for such benefits; and (D) the State-specific plan to identify, evaluate, and reduce in meaningful and measurable ways, to the extent practicable, health disparities based on age, sex, race, ethnicity, primary language, sexual orientation and gender identity, and disability status. (2) Publication Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall collect, analyze, and make publicly available the information reported by States under paragraph (1). (d) Authorization of appropriations There are authorized to be appropriated $10,000,000 to carry out this section. Funds appropriated under this subsection shall remain available until expended. . (b) Required reporting (1) Medicaid Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) (A) in paragraph (86), by striking and (B) in paragraph (87)(D), by striking the period and inserting ; and (C) by inserting after paragraph (87) the following new paragraph: (88) provide for the reporting required under section 1139C(c). . (2) CHIP Section 2102 of the Social Security Act ( 42 U.S.C. 1397bb (d) Reporting requirements A State child health plan shall provide for the reporting required under section 1139C(c). . 4. Adult oral health care report Not later than 2 years after the date of enactment of this Act, the Medicaid and CHIP Payment and Access Commission shall submit to Congress a report on issues related to adult oral health across the 50 States, tribes, and the territories, including— (1) the availability of adult oral health coverage, and enrollment in such coverage; (2) a survey of adult oral health status among low-income women of childbearing age; (3) barriers to accessing adult oral health care, including for racially diverse, ethnically diverse, and limited English proficient communities; (4) innovations and potential solutions to problems of access (including disparities in access) to adult oral health care, including innovations that would expand access to such care beyond dental offices; and (5) the impact of the amendments made by section 2 and recommendations for improving reimbursement rates for such provider of dental and oral health services under the Medicaid program. 5. Oral health outreach and education Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a program, to be implemented through contracts with entities that fund or provide oral health care, to provide— (1) culturally competent and linguistically appropriate information on the availability and scope of oral health and dental coverage for adults who are eligible for or enrolled under a State plan (or waiver of such plan) under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (2) assistance in connecting adults and underserved populations enrolled in such a plan (or waiver) to oral health care; (3) education to dental, oral health, and medical professionals to strengthen core competencies in delivering culturally competent oral health care to adults enrolled in such a plan (or waiver), including: individuals with physical and intellectual disabilities, pregnant and postpartum individuals, Alaskan Native and American Indian populations, and people living in urban, rural and, other underserved communities; and (4) culturally competent and linguistically appropriate interactive oral health education aimed at promoting good oral health practices for adults, including racially and ethnically diverse Medicaid beneficiaries.

Medicaid Dental Benefit Act of 2023

Railway Safety Act of 2023 This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also increases the maximum fines DOT may impose on rail carriers for violating safety regulations, requires DOT to update rail car inspection regulations and audit the federal inspection program, requires a minimum two-person crew for certain freight trains, phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), expands training for local first responders, imposes a new fee on certain rail carriers, and provides funding for research and development to improve railway safety.

118 S576 IS: Railway Safety Act of 2023 U.S. Senate 2023-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 576 IN THE SENATE OF THE UNITED STATES March 1, 2023 Mr. Brown Mr. Vance Mr. Casey Mr. Rubio Mr. Fetterman Mr. Hawley Committee on Commerce, Science, and Transportation A BILL To enhance safety requirements for trains transporting hazardous materials, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Railway Safety Act of 2023 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Defined term. Sec. 3. Safety requirements for trains transporting hazardous materials. Sec. 4. Rail car inspections. Sec. 5. Defect detectors. Sec. 6. Safe Freight Act of 2023. Sec. 7. Increasing maximum civil penalties for violations of rail safety regulations. Sec. 8. Safer tank cars. Sec. 9. Hazardous materials training for first responders. Sec. 10. Rail safety infrastructure research and development grants. Sec. 11. Appropriations for tank car research and development. 2. Defined term In this Act, the term Secretary 3. Safety requirements for trains transporting hazardous materials (a) Rulemaking Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue regulations, or modify existing regulations, establishing safety requirements, in accordance with subsection (b), with which a shipper or rail carrier operating a train transporting hazardous materials that is not subject to the requirements for a high-hazard flammable train under section 174.310 of title 49, Code of Federal Regulations, shall comply with respect to the operation of each such train and the maintenance of specification tank cars. (b) Requirements The regulations issued pursuant to subsection (a) shall require shippers and rail carriers— (1) to provide advance notification and information regarding the transportation of hazardous materials described in subsection (a) to each State emergency response commissioner, the tribal emergency response commission, or any other State or tribal agency responsible for receiving the information notification for emergency response planning information; (2) to include, in the notification provided pursuant to paragraph (1), a written gas discharge plan with respect to the applicable hazardous materials being transported; and (3) to reduce or eliminate blocked crossings resulting from delays in train movements. (c) Additional requirements In developing the regulations required under subsection (a), the Secretary shall include requirements regarding— (1) train length and weight; (2) train consist; (3) route analysis and selection; (4) speed restrictions; (5) track standards; (6) track, bridge, and rail car maintenance; (7) signaling and train control; (8) response plans; and (9) any other requirements that the Secretary determines are necessary. (d) High-Hazard flammable trains The Secretary may modify the safety requirements for trains subject to section 174.310 of title 49, Code of Federal Regulations, to satisfy, in whole or in part, the rulemaking required under subsection (a). 4. Rail car inspections (a) Rulemaking (1) Inspection requirements Not later than 1 year after date of the enactment of this Act, the Secretary shall review and update, as necessary, applicable regulations under chapters I and II of subtitle B of title 49, Code of Federal Regulations— (A) to create minimum time requirements that a qualified mechanical inspector must spend when inspecting a rail car or locomotive; and (B) to ensure that all rail cars and locomotives in train consists that carry hazardous materials are inspected by a qualified mechanical inspector at intervals determined by the Secretary. (2) Abbreviated pre-departure inspection The Secretary shall immediately amend section 215.13(c) of title 49, Code of Federal Regulations (permitting an abbreviated pre-departure inspection procedure) with respect to rail cars in train consists carrying hazardous materials. (b) Audits (1) In general Not later than 60 days after the date of the enactment of this Act, the Secretary shall initiate audits of Federal rail car inspection programs, subject to the requirements under part 215 of title 49, Code of Federal Regulations, which— (A) consider whether such programs are in compliance with such part 215; (B) assess the type and content of training and performance metrics that such programs provide rail car inspectors; (C) determine whether such programs provide inspectors with adequate time to inspect rail cars; (D) determine whether such programs reflect the current operating practices of the railroad carrier; and (E) ensure that inspection programs are not overly reliant on train crews. (2) Audit scheduling The Secretary shall— (A) schedule the audits required under paragraph (1) to ensure that— (i) each Class I railroad is audited not less frequently than once every 5 years; and (ii) a select number, as determined by the Secretary, of Class II and Class III railroads are audited annually; and (B) conduct the audits described in subparagraph (A)(ii) in accordance with— (i) the Small Business Regulatory Enforcement Fairness Act of 1996 ( 5 U.S.C. 601 (ii) appendix C of part 209 of title 49, Code of Federal Regulations. (3) Updates to inspection program If, during an audit required under this subsection, the auditor identifies a deficiency in a railroad's inspection program, the railroad shall update the program to eliminate such deficiency. (4) Consultation and cooperation (A) Consultation In conducting any audit required under this subsection, the Secretary shall consult with the railroad being audited and its employees, including any nonprofit employee labor organization representing the mechanical employees of the railroad. (B) Cooperation The railroad being audited and its employees, including any nonprofit employee labor organization representing mechanical employees, shall fully cooperate with any audit conducted pursuant to this subsection— (i) by providing any relevant documents requested; and (ii) by making available any employees for interview without undue delay or obstruction. (C) Failure to cooperate If the Secretary determines that a railroad or any of its employees, including any nonprofit employee labor organization representing mechanical employees of the railroad is not fully cooperating with an audit conducted pursuant to this subsection, the Secretary shall electronically notify the Committee on Commerce, Science, and Transportation of the Senate Committee on Transportation and Infrastructure of the House of Representatives (c) Review of regulations The Secretary shall triennially determine whether any update to part 215 of title 49, Code of Federal Regulations, is necessary to ensure the safety of rail cars transported by rail carriers. (d) Annual report The Secretary shall publish an annual report on the public website of the Federal Railroad Administration that— (1) summarizes the findings of the prior year's audits; (2) summarizes any updates made pursuant to this section; and (3) excludes any confidential business information or sensitive security information. (e) Rule of construction Nothing in this section may be construed— (1) to limit the deployment of pilot programs for the installation, test, verification, and review of automated rail and train inspection technologies; or (2) to direct the Secretary to waive any existing inspection requirements under chapter I or II of subtitle B of title 49, Code of Federal Regulations, as part of pilot programs. 5. Defect detectors (a) Rulemaking Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train consist carrying hazardous materials. (b) Requirements The regulations issued pursuant to subsection (a) shall include requirements regarding— (1) the frequency of the placement of wayside defect detectors, including a requirement that all Class I railroads install a hotbox detector along every 10-mile segment of rail track over which trains carrying hazardous materials operate; (2) performance standards for such detectors; (3) the maintenance and repair requirements for such detectors; (4) reporting data and maintenance records of such detectors; (5) appropriate steps the rail carrier must take when receiving an alert of a defect or failure from or regarding a wayside defect detector; and (6) the use of hotbox detectors to prevent derailments from wheel bearing failures, including— (A) the temperatures, to be specified by the Secretary, at which an alert from a hotbox detector is triggered to warn of a potential wheel bearing failure; and (B) any actions that shall be taken by a rail carrier upon receiving an alert from a hotbox detector of a potential wheel bearing failure. (c) Defect and failure identification The Secretary shall specify the categories of defects and failures that wayside defect detectors covered by regulations issued pursuant to subsection (a) shall address, including— (1) axles; (2) wheel bearings; (3) brakes; (4) signals; (5) wheel impacts; and (6) other defects or failures specified by the Secretary. 6. Safe Freight Act of 2023 (a) Short title This section may be cited as the Safe Freight Act of 2023 (b) Freight train crew size Subchapter II of chapter 201 section 20153 20154. Freight train crew size safety standards (a) Minimum crew size No freight train may be operated without a 2-person crew consisting of at least 1 appropriately qualified and certified conductor and 1 appropriately qualified and certified locomotive engineer. (b) Exceptions Except as provided in subsection (c), the requirement under subsection (a) shall not apply with respect to— (1) train operations on track that is not a main line track; (2) a freight train operated— (A) by a railroad carrier that has fewer than 400,000 total employee work hours annually and less than $40,000,000 annual revenue (adjusted for inflation, as calculated by the Surface Transportation Board Railroad Inflation- Adjusted Index and Deflator Factor Table); (B) at a speed of not more than 25 miles per hour; and (C) on a track with an average track grade of less than 2 percent for any segment of track that is at least 2 continuous miles; (3) locomotives performing assistance to a train that has incurred mechanical failure or lacks the power to traverse difficult terrain, including traveling to or from the location where assistance is provided; (4) locomotives that— (A) are not attached to any equipment or are attached only to a caboose; and (B) do not travel further than 30 miles from the point of origin of such locomotive; and (5) train operations staffed with fewer than a 2-person crew at least 1 year before the date of enactment of this section, if the Secretary determines that such operations achieve an equivalent level of safety as would result from compliance with the requirement under subsection (a). (c) Trains ineligible for exception The exceptions under subsection (b) may not be applied to— (1) a train transporting 1 or more loaded cars carrying material toxic by inhalation (as defined in section 171.8 of title 49, Code of Federal Regulations); (2) a train transporting— (A) 20 or more loaded tank cars of a Class 2 material or a Class 3 flammable liquid in a continuous block; or (B) 35 or more loaded tank cars of a Class 2 material or a Class 3 flammable liquid throughout the train consist; or (3) a train with a total length of at least 7,500 feet. (d) Waiver A railroad carrier may seek a waiver of the requirements under this section in accordance with section 20103(d). . (c) Clerical amendment The analysis for subchapter II of chapter 201 section 20153 20154. Freight train crew size. . 7. Increasing maximum civil penalties for violations of rail safety regulations (a) Civil penalties related to transporting hazardous materials Section 5123(a) of title 49, United States Code, is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by striking $75,000 the greater of 0.5 percent of the person's annual income or annual operating income or $750,000 (2) in paragraph (2), by striking $175,000 the greater of 1 percent of the person's annual income or annual operating income or $1,750,000 (b) General violations of chapter 201 Section 21301(a)(2) of title 49, United States Code, is amended— (1) by striking $25,000. the greater of 0.5 percent of the person's annual income or annual operating income or $250,000 (2) by striking $100,000. the greater of 1 percent of the person's annual income or annual operating income or $1,000,000 (c) Accident and incident violations of chapter 201; violations of chapters 203 through 209 Section 21302(a) is amended— (1) in paragraph (1), by striking 203–209 203 through 209 (2) in paragraph (2)— (A) by striking $25,000 the greater of 0.5 percent of the person's annual income or annual operating income or $250,000 (B) by striking $100,000 the greater of 1 percent of the person's annual income or annual operating income or $1,000,000 (d) Violations of chapter 211 Section 21303(a)(2) is amended— (1) by striking $25,000. the greater of 0.5 percent of the person's annual income or annual operating income or $250,000 (2) by striking $100,000. the greater of 1 percent of the person's annual income or annual operating income or $1,000,000 8. Safer tank cars (a) Phase-Out schedule Beginning on May 1, 2025, a rail carrier may not use DOT–111 specification railroad tank cars that do not comply with DOT–117, DOT–117P, or DOT–117R specification requirements, as in effect on the date of enactment of this Act, to transport Class 3 flammable liquids regardless of the composition of the train consist. (b) Conforming regulatory amendments (1) In general The Secretary— (A) shall immediately remove or revise the date-specific deadlines in any applicable regulations or orders to the extent necessary to conform with the requirement under subsection (a); and (B) may not enforce any date-specific deadlines or requirements that are inconsistent with the requirement under subsection (a). (2) Rule of construction Except as required under paragraph (1), nothing in this section may be construed to require the Secretary to issue regulations to implement this section. 9. Hazardous materials training for first responders (a) Annual registration fee Section 5108(g) of title 49, United States Code, is amended by adding at the end the following: (4) Additional fee for class I rail carriers In addition to the fees collected pursuant to paragraphs (1) and (2), the Secretary shall establish and annually impose and collect from each Class I rail carrier a fee in an amount equal to $1,000,000. . (b) Assistance for local emergency response training Section 5116(j)(1)(A) of title 49, United States Code, is amended— (1) by striking liquids materials (2) in paragraph (3), by amending subparagraph (A) to read as follows: (A) In general To carry out the grant program established pursuant to paragraph (1),the Secretary may expend, during each fiscal year— (i) the amounts collected pursuant to section 5108(g)(4); and (ii) any amounts recovered during such fiscal year from grants awarded under this section during a prior fiscal year. . (c) Supplemental training grants Section 5128(b)(4) of title 49, United States Code is amended by striking $2,000,000 $4,000,000 10. Rail safety infrastructure research and development grants (a) Research requirement The Administrator of the Federal Railroad Administration shall award grants, in accordance with section 22907 of title 49, United States Code, and the restrictions and limitations on eligibility for Class I railroads under such section, for research and development of wayside defect detectors to better prevent the derailment of trains transporting hazardous materials. (b) Funding (1) Appropriation There is appropriated to the Federal Railroad Administration, out of any funds in the Treasury not otherwise appropriated, $22,000,000, which shall be used for the grants authorized under subsection (a) for the improvement and research of wayside defect defectors and the prevention of derailments of trains containing hazardous materials. (2) Availability of funding Amounts appropriated under this subsection shall remain available until expended 11. Appropriations for tank car research and development There is appropriated to the Pipeline and Hazardous Materials Safety Administration, out of any funds in the Treasury not otherwise appropriated, $5,000,000, which shall be used for expenses related to the development of— (1) stronger, safer tank cars and valves for tank cars; and (2) other tank car safety features.

Railway Safety Act of 2023

Keep Children and Families Safe from Lead Hazards Act of 2023 This bill requires the Office of Multifamily Housing Programs to conduct a risk assessment of properties that receive low-income housing assistance to identify properties with the greatest risk of exposing children under six years old to lead hazards (e.g., lead-based paint and lead service lines). The office must develop an action plan for remediation and control of lead hazards in identified properties and submit a report on low-income housing properties with lead hazards, including the number of children under six living at those properties.

118 S577 IS: Keep Children and Families Safe from Lead Hazards Act of 2023 U.S. Senate 2023-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 577 IN THE SENATE OF THE UNITED STATES March 1, 2023 Mr. Rubio Mr. Warnock Committee on Banking, Housing, and Urban Affairs A BILL To require the Department of Housing and Urban Development to conduct an annual risk assessment of properties receiving tenant-based or project-based rental assistance for lead-based hazards, and for other purposes. 1. Short title This Act may be cited as the Keep Children and Families Safe from Lead Hazards Act of 2023 2. Lead-based paint (a) Definitions In this section— (1) the term covered housing 42 U.S.C. 1437f (2) the term Department (b) Annual risk assessment and report Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Deputy Assistant Secretary for the Office of Multifamily Housing Programs of the Department, in collaboration with the Office of Lead Hazard Control and Healthy Homes of the Department, shall— (1) conduct a risk assessment of covered housing to identify properties with the greatest risk of exposing children under the age of 6 years old to lead hazards, including lead-based paint and lead service lines; (2) develop an action plan relating to remediation, control, and safeguards to address lead hazards, including lead-based paint and lead-service lines, in covered housing identified in the risk assessment conducted under paragraph (1), with priority given to those properties with children under the age of 6 years old; and (3) submit to Congress a report on properties with covered housing that have lead-based paint or lead service lines, including the number of children under the age of 6 years old living at these properties. (c) Uniform physical condition standard inspections In conducting uniform physical condition inspections in accordance with part 5 of title 24, Code of Federal Regulations, or any successor regulation, the Secretary shall include lead-based paint and lead service lines in the graded scoring as an exigent health and safety deficiency to ensure that— (1) lead-based paint and lead service lines are tracked at each applicable property; and (2) the owners of those properties are held accountable for remediating deficiencies.

Keep Children and Families Safe from Lead Hazards Act of 2023

Liberty City Rising Act of 2023 This bill requires the Department of Housing and Urban Development (HUD) to establish standards to ensure the safety and security of federally assisted housing in high-crime areas. Public housing agencies serving high-crime areas must also establish anonymous hotlines for tenants to report suspicious activity and crimes in the community. In addition, HUD must prioritize public housing projects located in high-crime areas when awarding certain public housing grants for safety and security measures. Under the bill, a high-crime area is designated by HUD based on the most recent violent crime data available.

118 S578 IS: Liberty City Rising Act of 2023 U.S. Senate 2023-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 578 IN THE SENATE OF THE UNITED STATES March 1, 2023 Mr. Rubio Committee on Banking, Housing, and Urban Affairs A BILL To reform the requirements regarding the safety and security of families living in public and federally assisted housing in high-crime areas. 1. Short title This Act may be cited as the Liberty City Rising Act of 2023 2. Safety standards for federally assisted housing in high-crime areas (a) Public housing Section 6(f)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437d(f)(2) (1) by striking The Secretary shall (A) Safe and habitable The Secretary shall ; and (2) by adding at the end the following: (B) High-Crime areas (i) Definition In this subparagraph, the term high-crime area (ii) Additional safety and security standards In addition to the standards under subparagraph (A), the Secretary shall establish standards to ensure the safety and security of dwellings located in a high-crime area. (iii) Contents The standards established under clause (ii)— (I) shall require a public housing agency to consider security measures that meet the specific needs of a property or building; and (II) may include requirements related to security cameras, locks, lighting, or other security measures. (iv) Anonymous hotline A public housing agency that operates a public housing project in a high-crime area shall establish an anonymous hotline for tenants to report suspicious activity and crimes that occur in the community in which the public housing project is located. . (b) Project-Based assisted housing (1) In general Section 8(o)(13) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(13) (P) Safety and security standards for high-crime areas (i) Definition In this subparagraph, the term high-crime area (ii) Contract requirement An assistance contract for project-based assistance entered into under this paragraph with respect to a structure shall require that the owner maintain the structure, if determined to be in a high-crime area, in a condition that complies with standards that meet or exceed the safety and security standards established under clause (iii). (iii) Safety and security standards The Secretary shall establish standards to ensure the safety and security of structures located in a high-crime area. (iv) Contents The standards established under clause (iii)— (I) shall require the owner of a structure that receives project-based assistance under this paragraph to consider security measures that meet the specific needs of the structure; and (II) may include requirements related to security cameras, locks, lighting, or other security measures. (v) Inspections When determining whether a dwelling unit that is in a high-crime area meets the housing quality standards under paragraph (8)(B), a public housing agency shall also determine whether the dwelling unit meets the standards established under this subparagraph. (vi) Anonymous hotline A public housing agency that provides project-based assistance under this paragraph with respect to a structure in a high-crime area shall establish an anonymous hotline for tenants to report suspicious activity and crimes that occur in the community in which the structure is located. . (2) Conforming amendment Section 8(d)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(d)(2) (E) (i) Subsection (o)(13)(P) (relating to safety and security standards for high-crime areas) shall apply to a contract for project-based assistance under this paragraph and to a public housing agency that enters into such a contract. (ii) When determining whether a structure assisted under this paragraph that is in a high-crime area, as defined in subsection (o)(13)(P), meets any applicable housing quality standards, a public housing agency shall also determine whether the structure meets the safety and security standards established under that subsection. . (c) Deadlines (1) Determination of high-crime areas Not later than 90 days after the date of enactment of this Act, the Secretary of Housing and Urban Development shall make an initial determination as to which areas of the United States are high-crime areas for purposes of sections 6(f)(2)(B), 8(d)(2)(E), and 8(o)(13)(P) of the United States Housing Act of 1937, as added by this section. (2) Safety and security standards Not later than 1 year after the date of enactment of this Act, the Secretary of Housing and Urban Development shall establish the safety and security standards for public housing projects and other assisted structures located in high-crime areas required under sections 6(f)(2)(B), 8(d)(2)(E), and 8(o)(13)(P) of the United States Housing Act of 1937, as added by this section. 3. Grant priority for public housing projects in high-crime areas Section 9(d) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) (4) Emergency Safety and Security funding priority for high-crime areas In awarding grants for safety and security measures using amounts from the Capital Fund, the Secretary shall give priority to an application from a public housing agency that proposes to use the grant for a public housing project located in a high-crime area (as defined in section 6(f)(2)(B)). .

Liberty City Rising Act of 2023

Safe Temperature Act of 2023 This bill allows the Department of Housing and Urban Development to require units in public housing, supportive housing for the elderly, and dwellings receiving low-income housing choice voucher assistance to maintain a temperature level ranging from 71 to 81 degrees Fahrenheit.

118 S579 IS: Safe Temperature Act of 2023 U.S. Senate 2023-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 579 IN THE SENATE OF THE UNITED STATES March 1, 2023 Mr. Rubio Committee on Banking, Housing, and Urban Affairs A BILL To provide for a comfortable and safe temperature level in dwelling units receiving certain Federal housing assistance, and for other purposes. 1. Short title This Act may be cited as the Safe Temperature Act of 2023 2. Comfortable and safe temperature level in Federally assisted housing (a) Public housing and project-Based assistance The United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. (1) in section 8(o)(13) ( 42 U.S.C. 1437f(o)(13) (P) Maintaining temperature level in units The Secretary may require the owner of a dwelling unit receiving assistance under a housing assistance payment under this paragraph to ensure that the dwelling unit maintains a comfortable and safe temperature level ranging from 71 degrees to 81 degrees Fahrenheit. ; and (2) in section 9 ( 42 U.S.C. 1437g (p) Use of funds To maintain temperate level in units With respect to a public housing dwelling unit, the Secretary may use amounts in the Capital Fund or the Operating Fund to ensure that the dwelling unit maintains a comfortable and safe temperature level ranging from 71 degrees to 81 degrees Fahrenheit. . (b) Supportive housing for the elderly Section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q (m) Maintaining temperature in units The Secretary may require the owner of housing assisted under this section to ensure that each unit in that housing maintains a comfortable and safe temperature level ranging from 71 degrees to 81 degrees Fahrenheit. .

Safe Temperature Act of 2023

CCP Visa Ban Act of 2023 This bill prohibits the Department of State from issuing certain visas to members of the Chinese Communist Party. Specifically, the bill prohibits the issuance of temporary visas for business (B-1 visas) or tourism (B-2 visas) to party members. Further, U.S. Customs and Border Protection and the Bureau of Consular Affairs must cancel any such unexpired visas that have been issued to party members.

118 S580 IS: CCP Visa Ban Act of 2023 U.S. Senate 2023-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 580 IN THE SENATE OF THE UNITED STATES March 1, 2023 Mr. Rubio Mr. Cramer Mr. Tuberville Mr. Scott of Florida Committee on the Judiciary A BILL To provide greater scrutiny of visas for Chinese Communist Party members. 1. Short title This Act may be cited as the CCP Visa Ban Act of 2023 2. Scrutiny of visas for Chinese Communist Party members (a) Inadmissibility Section 212(a)(3)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(D) (1) in the subparagraph heading, by striking Immigrant membership Membership (2) by adding at the end the following: (v) Prohibition on issuance of certain visas to members of the Chinese Communist Party An alien who is or has been a member of or affiliated with the Chinese Communist Party— (I) is inadmissible; and (II) shall not be issued a visa as a nonimmigrant described in section 101(a)(15)(B). . (b) Applications for visa extensions With respect to applications to extend visas issued to nonimmigrants described in section 101(a)(15)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(B) (1) the Commissioner of U.S. Customs and Border Protection shall ensure that such system has a functionality for determining whether an applicant is a covered alien; and (2) in the case of an applicant determined to be a covered alien, the applicant's request for enrollment shall be denied. (c) Cancellation of visas authorized (1) In general On encountering a covered alien who is in possession of a valid, unexpired visa issued under section 101(a)(15)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(B) (2) Role of Bureau of Consular Affairs Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary for Consular Affairs shall— (A) cancel all nonimmigrant visas issued to covered aliens under section 101(a)(15)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(B) (B) update the Consular Consolidated Database and the Consular Lookout and Support System to reflect such cancellations. (3) Remedy The sole legal remedy available to an alien whose visa has been cancelled under this subsection shall be to submit a new application for a visa in accordance with the procedures established by the Bureau of Consular Affairs. (d) Definition of covered alien In this section, the term covered alien

CCP Visa Ban Act of 2023

Housing Accountability Act of 2023 This bill provides statutory authority for the requirement that a property owner receiving low-income housing assistance payments for an existing public housing unit must maintain decent, safe, and sanitary conditions for the housing structure. The Department of Housing and Urban Development (HUD) must survey tenants of these structures semiannually to identify problems with the structures or with management. A structure must be referred to HUD for remediation if consistent or persistent problems are identified. HUD may impose penalties on an owner of a structure that violates this bill.

118 S581 IS: Housing Accountability Act of 2023 U.S. Senate 2023-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 581 IN THE SENATE OF THE UNITED STATES March 1, 2023 Mr. Rubio Committee on Banking, Housing, and Urban Affairs A BILL To provide standards for physical condition and management of housing receiving assistance payments under section 8 of the United States Housing Act of 1937. 1. Short title This Act may be cited as the Housing Accountability Act of 2023 2. Standards for physical condition and management of housing receiving assistance payments Section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (w) Standards for physical condition and management of housing receiving assistance payments (1) Standards for physical condition and management of housing Any entity receiving assistance payments under this section shall maintain decent, safe, and sanitary conditions, as determined by the Secretary, for any structure covered under a housing assistance payment contract. (2) Survey of tenants The Secretary shall develop a process by which a Performance-Based Contract Administrator shall, on a semiannual basis, conduct a survey of the tenants of each structure covered under a housing assistance payment contract for the purpose of identifying consistent or persistent problems with the physical condition of the structure or performance of the manager of the structure. (3) Remediation A structure covered under a housing assistance payment contract shall be referred to the Secretary for remediation if a Performance-Based Contract Administrator identifies a consistent or persistent problem with the structure or the management of the structure based on— (A) a survey conducted under paragraph (2); or (B) any other observation made by the Performance-Based Contract Administrator during the normal course of business. (4) Penalty for failure to uphold standards (A) In general The Secretary may impose a penalty on any owner of a structure covered under a housing assistance payment contract if the Secretary finds that the structure or manager of the structure— (i) did not satisfactorily meet the requirements under paragraph (1); or (ii) is repeatedly referred to the Secretary for remediation by a Performance-Based Contract Administrator through the process established under paragraph (3). (B) Amount A penalty imposed under subparagraph (A) shall be in an amount equal to not less than 1 percent of the annual budget authority the owner is allocated under a housing assistance payment contract. (C) Use of amounts Any amounts collected under this paragraph shall be used solely for the purpose of supporting safe and sanitary conditions at applicable structures or for tenant relocation, as designated by the Secretary, with priority given to the tenants of the structure that led to the penalty. (5) Applicability This subsection shall not apply to any property assisted under subsection (o). . 3. Issuance of report Not later than 1 year after the date of enactment of this Act, the Secretary of Housing and Urban Development shall submit to Congress a report that— (1) examines the adequacy of capital reserves for each structure covered under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (2) examines the use of funds derived from a housing assistance payment contract for purposes unrelated to the maintenance and capitalization of the structure covered under the contract; and (3) includes any administrative or legislative recommendations to further improve the living conditions at those structures.

Housing Accountability Act of 2023

Sunshine Protection Act of 2023 This bill makes daylight saving time the new, permanent standard time. States with areas exempt from daylight saving time may choose the standard time for those areas.

118 S582 IS: Sunshine Protection Act of 2023 U.S. Senate 2023-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 582 IN THE SENATE OF THE UNITED STATES March 1, 2023 Mr. Rubio Mr. Lankford Mr. Padilla Mr. Tuberville Mr. Markey Mr. Hagerty Ms. Smith Mr. Scott of Florida Mrs. Hyde-Smith Mr. Paul Mr. Wyden Mr. Heinrich Committee on Commerce, Science, and Transportation A BILL To make daylight saving time permanent, and for other purposes. 1. Short title This Act may be cited as the Sunshine Protection Act of 2023 2. Making daylight saving time permanent (a) Repeal of temporary period for daylight saving time Section 3 of the Uniform Time Act of 1966 ( 15 U.S.C. 260a (b) Advancement of standard time (1) In general The second sentence of subsection (a) of section 1 of the Act of March 19, 1918 (commonly known as the Calder Act 15 U.S.C. 261 (A) by striking 4 hours 3 hours (B) by striking 5 hours 4 hours (C) by striking 6 hours 5 hours (D) by striking 7 hours 6 hours (E) by striking 8 hours by 7 hours (F) by striking 9 hours 8 hours (G) by striking 10 hours; 9 hours; (H) by striking 11 hours 10 hours (I) by striking 10 hours. 11 hours. (2) State exemption Such section is further amended by— (A) redesignating subsection (b) as subsection (c); and (B) inserting after subsection (a) the following: (b) Standard time for certain States and areas The standard time for a State that has exempted itself from the provisions of section 3(a) of the Uniform Time Act of 1966 ( 15 U.S.C. 260a(a) Sunshine Protection Act of 2023 (1) the standard time for such State or area, as the case may be, pursuant to subsection (a) of this section; or (2) the standard time for such State or area, as the case may be, pursuant to subsection (a) of this section as it was in effect on the day before the date of the enactment of the Sunshine Protection Act of 2023 . (3) Conforming amendment Such section is further amended, in the second sentence, by striking Except as provided in section 3(a) of the Uniform Time Act of 1966 ( 15 U.S.C. 260a Except as provided in subsection (b),

Sunshine Protection Act of 2023

North Korean Human Rights Reauthorization Act of 2023 This bill reauthorizes through FY2028 various activities to promote human rights in North Korea. These activities include (1) providing grants to nonprofit organizations to promote human rights, democracy, rule of law, and the development of a market economy in North Korea; (2) increasing the availability of sources of information inside North Korea that are not controlled by North Korea's government; and (3) supporting organizations that provide humanitarian assistance to North Koreans who are outside of North Korea without the permission of North Korea's government. Additionally, the bill authorizes the President to impose certain sanctions, including visa- and property-blocking sanctions, on any person (an individual or entity) that knowingly forced the repatriation of North Korean refugees to North Korea.

108 S584 IS: North Korean Human Rights Reauthorization Act of 2023 U.S. Senate 2023-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 584 IN THE SENATE OF THE UNITED STATES March 1, 2023 Mr. Rubio Mr. Kaine Committee on Foreign Relations A BILL To reauthorize the North Korean Human Rights Act of 2004, and for other purposes. 1. Short title This Act may be cited as the North Korean Human Rights Reauthorization Act of 2023 2. Findings Congress makes the following findings: (1) The North Korean Human Rights Act of 2004 ( Public Law 108–333 22 U.S.C. 7801 et seq. (2) The human rights and humanitarian conditions within North Korea remain deplorable and have been intentionally perpetuated against the people of North Korea through policies endorsed and implemented by Kim Jong-un and the Workers’ Party of Korea. (3) According to a 2014 report released by the United Nations Human Rights Council’s Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea, between 80,000 and 120,000 children, women, and men were being held in political prison camps in North Korea, where they were subjected to deliberate starvation, forced labor, executions, torture, rape, forced abortion, and infanticide. (4) North Korea continues to hold a number of South Koreans and Japanese abducted after the signing of the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (commonly referred to as the Korean War Armistice Agreement (5) Human rights violations in North Korea, which include forced starvation, sexual violence against women and children, restrictions on freedom of movement, arbitrary detention, torture, executions, and enforced disappearances, amount to crimes against humanity according to the United Nations Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea. (6) The effects of the COVID–19 pandemic and North Korea’s strict lockdown of its borders and crackdowns on informal market activities and small entrepreneurship have drastically increased food insecurity for its people and given rise to famine conditions in parts of the country. (7) North Korea’s COVID–19 border lockdown measures also include shoot-to-kill orders that have resulted in the killing of— (A) North Koreans attempting to cross the border; and (B) at least 1 South Korean citizen in September 2020. (8) The Chinese Communist Party and the Government of the People’s Republic of China are aiding and abetting in crimes against humanity by forcibly repatriating North Korean refugees to North Korea where they are sent to prison camps, harshly interrogated, and tortured or executed. (9) The forcible repatriation of North Korean refugees violates the People’s Republic of China’s freely undertaken obligation to uphold the principle of non-refoulement, under the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (and made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)). (10) North Korea continues to bar freedom of religion and persecute religious minorities, especially Christians. Eyewitnesses report that Christians in North Korea have been tortured, forcibly detained, and even executed for possessing a Bible or professing Christianity. (11) United States and international broadcasting operations into North Korea— (A) serve as a critical source of outside news and information for the North Korean people; and (B) provide a valuable service for countering regime propaganda and false narratives. (12) The position of Special Envoy on North Korean Human Rights Issues has been vacant since January 2017, even though the President is required to appoint a Senate-confirmed Special Envoy to fill this position in accordance with section 107 of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7817 3. Sense of Congress It is the sense of Congress that— (1) promoting information access in North Korea continues to be a successful method of countering North Korean propaganda; (2) the United States Government should continue to support efforts described in paragraph (1), including by enacting and implementing the Otto Warmbier North Korean Censorship and Surveillance Act of 2021 (3) because refugees among North Koreans fleeing into China face severe punishments upon their forcible return, the United States should urge the Government of the People’s Republic of China— (A) to immediately halt its forcible repatriation of North Koreans; (B) to allow the United Nations High Commissioner for Refugees (referred to in this section as UNHCR (C) to fulfill its obligations under the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (and made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)) and the Agreement on the upgrading of the UNHCR Mission in the People’s Republic of China to UNHCR branch office in the People’s Republic of China, done at Geneva December 1, 1995; (D) to address the concerns of the United Nations Committee Against Torture by incorporating into domestic legislation the principle of non-refoulement; and (E) to recognize the legal status of North Korean women who marry or have children with Chinese citizens and ensure that all such mothers and children are granted resident status and access to education and other public services in accordance with Chinese law and international standards; (4) the United States Government should continue to promote the effective and transparent delivery and distribution of any humanitarian aid provided in North Korea to ensure that such aid reaches its intended recipients to the point of consumption or utilization by cooperating closely with the Government of the Republic of Korea and international and nongovernmental organizations; (5) the Department of State should continue to take steps to increase public awareness about the risks and dangers of travel by United States citizens to North Korea, including by continuing its policy of blocking United States passports from being used to travel to North Korea without a special validation from the Department of State; (6) the United Nations, which has a significant role to play in promoting and improving human rights in North Korea, should press for access for the United Nations Special Rapporteur and the United Nations High Commissioner for Human Rights on the situation of human rights in North Korea; (7) the Special Envoy for North Korean Human Rights Issues should be appointed without delay— (A) to properly promote and coordinate North Korean human rights and humanitarian issues; and (B) to participate in policy planning and implementation with respect to refugee issues; (8) the United States should urge North Korea to repeal the Reactionary Thought and Culture Denunciation Law and other draconian laws, regulations, and decrees that manifestly violate the freedom of opinion and expression and the freedom of thought, conscience, and religion; (9) the United States should urge North Korea to ensure that any restrictions on addressing the COVID–19 pandemic are necessary, proportionate, nondiscriminatory, time-bound, transparent, and allow international staff to operate inside the North Korea to provide international assistance based on independent needs assessments; (10) the United States should expand the Rewards for Justice program to be open to North Korean officials who can provide evidence of crimes against humanity being committed by North Korean officials; (11) the United States should continue to seek cooperation from all foreign governments— (A) to allow the UNHCR access to process North Korean refugees overseas for resettlement; and (B) to allow United States officials access to process refugees for possible resettlement in the United States; and (12) the Secretary of State, through diplomacy by senior officials, including United States ambassadors to Asia-Pacific countries, and in close cooperation with South Korea, should make every effort to promote the protection of North Korean refugees, escapees, and defectors. 4. Reauthorizations (a) Support for human rights and democracy programs Section 102(b)(1) of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7812(b)(1) 2022 2028 (b) Actions To promote freedom of information Section 104 of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7814 (1) in subsection (b)(1), by striking 2022 2028 (2) in subsection (c), by striking 2022 2028 (c) Report by Special Envoy on North Korean human rights issues Section 107(d) of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7817(d) 2022 2028 (d) Report on United States humanitarian assistance Section 201(a) of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7831(a) 2022 2028 (e) Assistance provided outside of North Korea Section 203 of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7833 (1) in subsection (b)(2), by striking 103(15) 103(17) (2) in subsection (c)(1), by striking 2018 through 2022 2023 through 2028 (f) Annual reports Section 305(a) of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7845(a) 2022 2028 5. Actions to promote freedom of information Title I of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7811 et seq. (1) in section 103(a), by striking Broadcasting Board of Governors United States Agency for Global Media (2) in section 104(a)— (A) by striking Broadcasting Board of Governors United States Agency for Global Media (B) in paragraph (7)(B)— (i) in the matter preceding clause (i), by striking 5 years 10 years (ii) by redesignating clauses (i) through (iii) as clauses (ii) through (iv), respectively; (iii) by inserting before clause (ii) the following: (i) an update of the plan required under subparagraph (A); ; and (iv) in clause (iii), as redesignated, by striking pursuant to section 403 to carry out this section 6. Special envoy for North Korean human rights issues Section 107 of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7817 (e) Report on appointment of Special Envoy Not later than 180 days after the date of the enactment of this subsection and annually thereafter through 2028 if the position of Special Envoy remains vacant, the Secretary of State shall submit a report to the appropriate congressional committees that describes the efforts being taken to appoint the Special Envoy. . 7. Support for North Korean refugees (a) In general The Secretary of State and the Secretary of Homeland Security should collaborate with faith-based and Korean-American organizations to resettle North Korean participants in the United States Refugee Admissions Program in areas with existing Korean-American communities to mitigate trauma and mental health considerations of refugees, as appropriate. (b) Resettlement location assistance education The Secretary of State shall publicly disseminate guidelines and information relating to resettlement options in the United States or South Korea for eligible North Korean refugees, with a particular focus on messaging to North Koreans. (c) Mechanisms The guidelines and information described in subsection (b)— (1) shall be published on a publicly available website of the Department of State; (2) shall be broadcast into North Korea through radio broadcasting operations funded or supported by the United States Government; and (3) shall be distributed through brochures or electronic storage devices. 8. Authorization of sanctions for forced repatriation of North Korean refugees (a) Discretionary designations Section 104(b)(1) of the North Korea Sanctions and Policy Enhancement Act of 2016 ( 22 U.S.C. 9214 (1) in subparagraph (M), by striking or (2) in subparagraph (N), by striking the period at the end and inserting ; or (3) by adding at the end the following: (O) knowingly, directly or indirectly, forced the repatriation of North Korean refugees to North Korea. . (b) Exemptions Section 208(a)(1) of the North Korea Sanctions and Policy Enhancement Act of 2016 ( 22 U.S.C. 9228(a)(1) , the Republic of Korea, and Japan 9. Report on humanitarian exemptions to sanctions imposed with respect to North Korea (a) Sense of Congress It is the sense of Congress that— (1) the continued pursuit by the North Korean regime of weapons of mass destruction (including nuclear, chemical, and biological weapons), in addition to its ballistic missile program, along with the regime's gross violations of human rights, have led the international community to impose sanctions with respect to North Korea, including sanctions imposed by the United Nations Security Council; (2) authorities should grant exemptions for humanitarian assistance to the people of North Korea consistent with past United Nations Security Council resolutions; and (3) humanitarian assistance intended to provide humanitarian relief to the people of North Korea must not be exploited or misdirected by the North Korean regime to benefit the military or elites of North Korea. (b) Reports required (1) Defined term In this subsection, the term covered period (A) in the case of the first report required to be submitted under paragraph (2), the period beginning on January 1, 2018, and ending on the date that is 90 days after the date of the enactment of this Act; and (B) in the case of each subsequent report required to be submitted under paragraph (2), the 1-year period preceding the date by which the report is required to be submitted. (2) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 2 years, the Secretary of State shall submit a report to Congress that— (A) describes— (i) how the North Korean regime has previously exploited humanitarian assistance from the international community to benefit elites and the military in North Korea; (ii) the most effective methods to provide humanitarian relief, including mechanisms to facilitate humanitarian assistance, to the people of North Korea, who are in dire need of such assistance; (iii) any requests to the Committee of the United Nations Security Council established by United Nations Security Council Resolution 1718 (2006) (referred to in this section as the 1718 Sanctions Committee (iv) any known explanations for the denials and delays referred to in clause (iii); and (B) details any action by a foreign government during the covered period that has delayed or impeded humanitarian assistance that was approved by the 1718 Sanctions Committee.

North Korean Human Rights Reauthorization Act of 2023

American Space Commerce Act of 2023 This bill allows a special allowance for bonus depreciation for qualified domestic space launch property and extends the termination of such allowance until the end of 2032. The bill defines qualified domestic space launch property as property placed in service before January 1, 2033, that is (1) a space transportation vehicle or payload that is launched from the United States, or (2) other property or equipment placed in service to facilitate a space launch from the United States.

118 S589 IS: American Space Commerce Act of 2023 U.S. Senate 2023-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 589 IN THE SENATE OF THE UNITED STATES March 1, 2023 Mr. Rubio Mr. Scott of Florida Mrs. Feinstein Mr. Wicker Mr. Cruz Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide bonus depreciation for certain space launch expenditures, and for other purposes. 1. Short title This Act may be cited as the American Space Commerce Act of 2023 2. Special allowance for qualified domestic space launch property (a) Allowance of bonus depreciation for qualified domestic space launch property Section 168(k)(2)(A)(i) (1) by striking or (2) by striking or (3) by adding or (4) by adding at the end the following new subclause: (VI) which is qualified domestic space launch property (as defined in paragraph (11)), . (b) Extension of termination of bonus depreciation for qualified domestic space launch property (1) In general Section 168(k)(2)(A)(iii) (in the case of qualified domestic space launch property, before January 1, 2033) before January 1, 2027 (2) Application of applicable percentage Section 168(k)(6) of such Code is amended by adding at the end the following new subparagraph: (D) Rule for qualified domestic space launch property Notwithstanding any other provisions of this paragraph, in the case of any qualified property which is qualified domestic space launch property, the term applicable percentage . (c) Qualified domestic space launch property defined Section 168(k) (11) Qualified domestic space launch property defined For purposes of this subsection— (A) In general The term qualified domestic space launch property (i) a space transportation vehicle or payload (as such terms are defined in section 50101 of title 51, United States Code) that is launched from the United States, or (ii) other property or equipment placed in service for the purpose of facilitating a space launch from the United States. (B) Special rule for space launches from aircraft A space transportation vehicle or payload that is launched from an aircraft shall be considered to be launched from the United States if, and only if, such space transportation vehicle or payload is— (i) substantially manufactured within the United States, as determined by the Secretary, and (ii) launched from an aircraft on a flight that originated from United States soil. (C) United States The term United States . (d) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2023.

American Space Commerce Act of 2023

Chance to Compete Act of 2023 This bill modifies examination requirements and other components of the federal hiring process for positions in the competitive service. Specifically, the bill provides that a qualifying examination includes a résumé review that is conducted by a subject matter expert. Additionally, beginning two years after the bill's enactment, the bill prohibits examinations from consisting solely of a self-assessment from an automated examination, a résumé review that is not conducted by a subject matter expert, or any other method of assessing an applicant's experience or education. Agencies may use subject matter experts to develop position-specific technical assessments that allow applicants to demonstrate job-related skills, abilities, and knowledge; assessments may include structured interviews, work-related exercises, procedures to measure career-related qualifications and interests, or other similar assessments. The bill also allows agencies to establish talent teams to support and improve hiring practices. The Office of Personnel Management (OPM) must create online platforms through which agencies may share and customize technical assessments and share the résumés of qualifying applicants. The OPM must also create online platforms with information about the types of assessments used and hiring outcomes.

114 S59 IS: Chance to Compete 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. 59 IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Ms. Sinema Mr. Hagerty Mr. Lankford Mr. Carper Committee on Homeland Security and Governmental Affairs A BILL To implement merit-based reforms to the civil service hiring system that replace degree-based hiring with skills- and competency-based hiring. 1. Short title This Act may be cited as the Chance to Compete Act of 2023 2. Definitions (a) Terms defined in section 3304 of title 5, United States Code In this Act, the terms agency Director examining agency Office subject matter expert technical assessment (b) Other terms In this Act, the term competitive service 3. Defining the term examination (a) Examinations; technical assessments (1) In general Section 3304 of title 5, United States Code, is amended— (A) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (B) by inserting after subsection (b) the following: (c) Examinations (1) Definitions (A) Examination defined for purposes of this chapter For purposes of this chapter, the term examination (i) means an opportunity to directly demonstrate knowledge, skills, abilities, and competencies, through a passing score assessment; (ii) includes a résumé review that is— (I) conducted by a subject matter expert; and (II) based upon indicators that— (aa) are derived from a job analysis; and (bb) bear a rational relationship to performance in the position for which the examining agency is hiring; and (iii) on and after the date that is 2 years after the date of enactment of the Chance to Compete Act of 2023 (B) Other terms In this subsection— (i) the term agency (ii) the term Director (iii) the term examining agency (I) the Office; or (II) an agency to which the Director has delegated examining authority under section 1104(a)(2) of this title; (iv) the term Office (v) the term passing score assessment (vi) the term subject matter expert (I) who possesses understanding of the duties of, and knowledge, skills, and abilities required for, the position for which the employee or selecting official is developing or administering an assessment; and (II) whom the delegated examining unit of the agency that employs the employee or selecting official designates to assist in the development and administration of technical assessments under paragraph (2); and (vii) the term technical assessment (I) allows for the demonstration of job-related technical skills, abilities, and knowledge; (II) (aa) is based upon a job analysis; (bb) is relevant to the position for which the assessment is developed; and (cc) does not discriminate on the basis of a protected status, as established by the Director in regulations implementing this subsection; and (III) may include— (aa) a structured interview; (bb) a work-related exercise; (cc) a custom or generic procedure used to measure an individual’s employment or career-related qualifications and interests; or (dd) another assessment that meets the criteria under subclauses (I) and (II). (2) Technical assessments (A) In general For the purpose of conducting an examination for a position in the competitive service, a subject matter expert who is determined by the subject matter expert's agency to be an expert in the subject and job field of the position, as affirmed and audited by the Chief Human Capital Officer or Human Resources Director (as applicable) of that agency, may— (i) develop, in partnership with human resources employees of the examining agency, a position-specific assessment that is relevant to the position; and (ii) administer the assessment developed under clause (i) to— (I) determine whether an applicant for the position has a passing score to be qualified for the position; or (II) rank applicants for the position for category rating purposes under section 3319. (B) Sharing and customization of assessments (i) Sharing An examining agency may share a technical assessment with another examining agency if each agency maintains appropriate control over examination material. (ii) Customization An examining agency with which a technical assessment is shared under clause (i) may customize the assessment as appropriate, provided that the resulting assessment satisfies the requirements under part 300 of title 5, Code of Federal Regulations (or any successor regulation). (iii) Platform for sharing and customization (I) In general The Director shall establish and operate a platform on which examining agencies can share and customize technical assessments under this subparagraph. (II) Guidance Not later than 1 year after the date of enactment of the Chance to Compete Act of 2023 (C) Adoption of determinations by other agencies For purposes of sections 3318(b) and 3319(c), an appointing authority, other than the appointing authority requesting a certificate of eligibles, that selects an individual from that certificate in accordance with such section 3318(b) or 3319(c) may adopt the determination described in subparagraph (A) of this paragraph of a subject matter expert employed by the requesting appointing authority instead of administering an additional technical assessment of the individual. . (2) Alternative ranking and selection procedures Section 3319(a) of title 5, United States Code, is amended by adding at the end the following: To be placed in a quality category under the preceding sentence, an applicant shall be required to have passed an examination in accordance with section 3304(b), subject to the exceptions in that section. (3) Technical and conforming amendment Section 3330a(a)(1)(B) of title 5, United States Code, is amended by striking section 3304(f)(1) section 3304(g)(1) (b) Implementation of passing score assessment requirement Not later than 2 years after the date of enactment of this Act, the Director and the head of any other examining agency shall eliminate the use of any examination for the competitive service that does not satisfy the definition of the term examination (c) OPM reporting (1) Public dashboard (A) In general The Director shall maintain and periodically update a publicly available dashboard that, with respect to each position in the competitive service for which an examining agency examined applicants during the applicable period, includes— (i) the type of assessment used, such as— (I) a behavioral off-the-shelf assessment; (II) a résumé review conducted by a subject matter expert; (III) an interview conducted by a subject matter expert; (IV) a technical off-the-shelf assessment; or (V) a cognitive ability test; (ii) whether or not the agency selected a candidate for the position; and (iii) the hiring authority used to fill the position. (B) Timing (i) Initial data Not later than 180 days after the date of enactment of this Act, the Director shall update the dashboard described in subparagraph (A) with data for positions in the competitive service for which an examining agency examined applicants during the period beginning on the date of enactment of this Act and ending on the date of submission of the report. (ii) Subsequent updates Not later than October 1 of each fiscal year beginning after the date on which the dashboard is initially updated under clause (i), the Director shall update the dashboard described in subparagraph (A) with data for positions in the competitive service for which an examining agency examined applicants during the preceding fiscal year. (2) Annual progress report (A) In general Each year, the Director, in accordance with subparagraphs (B) and (C), shall make publicly available and submit to Congress an overall progress report that includes summary data of the use of examinations (as defined in subsection (c)(1)(A) of section 3304 of title 5, United States Code, as added by subsection (a) of this section) for the competitive service, including technical assessments. (B) Categories; baseline data In carrying out subparagraph (A), the Director shall— (i) break the data down by applicant demographic indicator, including veteran status, race, gender, disability, and any other measure the Director determines appropriate; and (ii) use the data available as of October 1, 2020, as a baseline. (C) Limitations In carrying out subparagraph (A), the Director may only make publicly available and submit to Congress data relating to examinations for which— (i) the related announcement is closed; (ii) certificates have been audited; and (iii) all hiring processes are completed. (d) GAO report Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— (1) assesses the implementation of this section and the amendments made by this section; (2) assesses the impact and modifications to the hiring process for the competitive service made by this section and the amendments made by this section; and (3) makes recommendations for the improvement of the hiring process for the competitive service. 4. Amendments to Competitive Service Act of 2015 (a) Platforms for sharing certificates of eligibles Section 3318(b) of title 5, United States Code, is amended— (1) in paragraph (1), by striking 240-day 1-year (2) by redesignating paragraph (5) as paragraph (6); and (3) by inserting after paragraph (4) the following: (5) Platform for sharing résumés of individuals on certificates of eligibles The Director of the Office shall establish and operate a platform on which an appointing authority can share, with other appointing authorities and the Chief Human Capital Officers Council established under section 1303 of the Chief Human Capital Officers Act of 2002 ( 5 U.S.C. 1401 Public Law 107–296 . (b) Maximizing sharing of applicant information Section 2 of the Competitive Service Act of 2015 ( Public Law 114–137 (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) Maximizing sharing of applicant information (1) Definitions In this subsection— (A) the terms agency Director Office (B) the term competitive service (2) Maximizing sharing The Director shall maximize the sharing of information among agencies regarding qualified applicants for positions in the competitive service, including by— (A) providing for the delegation to other agencies of the authority of the Office to host multi-agency hiring actions to increase the return on investment on high-quality pooled announcements; and (B) sharing certificates of eligibles and accompanying résumés for appointment. . (c) Amendment of implementing regulations Not later than 180 days after the date of enactment of this Act, the Director shall promulgate regulations to carry out the amendments made by this section. 5. Modernizing and reforming the assessment and hiring of Federal job candidates (a) In general Section 3308 of title 5, United States Code, is amended— (1) by striking scientific, technical, or professional (2) by inserting legally performed (3) by inserting in a jurisdiction in which the duties of the position are to be performed a prescribed minimum education (b) Implementation (1) Regulations and guidance documents Not later than 1 year after the date of enactment of this Act, the Director shall amend all regulations and guidance documents as necessary to implement the amendments made by subsection (a). (2) Hiring practices Not later than 1 year after the date of enactment of this Act, the Director and the head of any other examining agency shall amend the hiring practices of the Office or the other examining agency, respectively, in accordance with the amendments made by subsection (a). 6. Talent teams (a) Federal agency talent teams (1) In general An agency may establish 1 or more talent teams (referred to in this section as agency talent teams (2) Duties An agency talent team shall provide hiring support to the agency and other agencies, including by— (A) improving examinations (as defined in subsection (c)(1)(A) of section 3304 of title 5, United States Code, as added by section 3(a)); (B) facilitating writing job announcements for the competitive service; (C) sharing high-quality certificates of eligibles; and (D) facilitating hiring for the competitive service using examinations (as defined in such subsection (c)(1)(A)) and subject matter experts. (b) Office of Personnel Management The Director may establish a Federal talent team to support agency talent teams in facilitating pooled hiring actions across the Federal Government, providing training, and creating technology platforms to facilitate hiring for the competitive service, including— (1) the development of technical assessments; and (2) the sharing of certificates of eligibles and accompanying résumés under sections 3318(b) and 3319(c) of title 5, United States Code.

Chance to Compete Act of 2023

South China Sea and East China Sea Sanctions Act of 2023 This bill authorizes sanctions on Chinese individuals and entities that participate in certain activities related to China's territorial disputes in the South China Sea and the East China Sea. The President may impose property-blocking and visa-denial sanctions on certain Chinese individuals and entities, including those that are (1) responsible for or significantly contributing to certain large-scale projects, such as reclamation and militarization projects, in the disputed parts of the South China Sea; (2) responsible for or significantly contributing to actions that inhibit another country from protecting its sovereign rights to access resources in the South China Sea; and (3) responsible for or complicit in actions that threaten the peace, security, or stability in disputed South China Sea areas or in an East China Sea area administered by Japan or South Korea. The President may also (1) deny visas to the corporate officers and controlling shareholders of sanctioned entities, (2) subject sanctioned individuals or entities to certain export restrictions, and (3) prohibit U.S. individuals and entities from investing in sanctioned entities or individuals. The Department of State must periodically submit a report to Congress identifying countries that recognize China's claims to the contested territories.

118 S591 IS: South China Sea and East China Sea Sanctions Act of 2023 U.S. Senate 2023-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 591 IN THE SENATE OF THE UNITED STATES March 1, 2023 Mr. Rubio Mr. Cardin Committee on Foreign Relations A BILL To impose sanctions with respect to the People's Republic of China in relation to activities in the South China Sea and the East China Sea, and for other purposes. 1. Short title This Act may be cited as the South China Sea and East China Sea Sanctions Act of 2023 2. Sanctions with respect to Chinese persons responsible for China’s activities in the South China Sea and the East China Sea (a) Initial imposition of sanctions On and after the date that is 120 days after the date of the enactment of this Act, the President may 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— (1) is responsible for or significantly contributes to large-scale reclamation, construction, militarization, or ongoing supply of outposts in disputed areas of the South China Sea; (2) is responsible for or significantly contributes to, or has engaged in, directly or indirectly, actions, including the use of coercion, to inhibit another country from protecting its sovereign rights to access offshore resources in the South China Sea, including in such country’s exclusive economic zone, consistent with such country’s rights and obligations under international law; (3) is responsible for or complicit in, or has engaged in, directly or indirectly, actions that significantly threaten the peace, security, or stability of disputed areas of the South China Sea or areas of the East China Sea administered by Japan or the Republic of Korea, including through the use of vessels and aircraft by the People’s Republic of China to occupy or conduct extensive research or drilling activity in those areas; (4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to, or in support of, any person subject to sanctions pursuant to paragraph (1), (2), or (3); or (5) is owned or controlled by, or has acted for or on behalf of, directly or indirectly, any person subject to sanctions pursuant to paragraph (1), (2), or (3). (b) Sanctions described The sanctions that may be imposed with respect to a person described in subsection (a) are the following: (1) Blocking of property The President may, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (2) Ineligibility for visas, admission, or parole (A) Visas, admission, or parole In the case of an alien, the alien may 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) may 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) may— (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 may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a 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 may 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 may, 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 may, 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) Inapplicability of national emergency requirement The requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 (2) 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. (3) Compliance with united nations headquarters agreement Paragraphs (2) and (3) of subsection (b) shall not apply if admission of an alien to the United States 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. (4) Exception relating to importation of goods (A) In general The authority or a requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good (d) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (e) Definitions In this section: (1) Account; correspondent account; payable-through account The terms account correspondent account payable-through account (2) Alien The term alien 8 U.S.C. 1101(a) (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) Person The term person (7) 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. 3. Sense of Congress regarding portrayals of the South China Sea or the East China Sea as part of China It is the sense of Congress that the Government Publishing Office should not publish any map, document, record, electronic resource, or other paper of the United States (other than materials relating to hearings held by committees of Congress or internal work product of a Federal agency) portraying or otherwise indicating that it is the position of the United States that the territory or airspace in the South China Sea that is disputed among two or more parties or the territory or airspace of areas administered by Japan or the Republic of Korea, including in the East China Sea, is part of the territory or airspace of the People’s Republic of China. 4. Sense of Congress on 2016 Permanent Court of Arbitration’s tribunal ruling on arbitration case between Philippines and People's Republic of China (a) Finding Congress finds that on July 12, 2016, a tribunal of the Permanent Court of Arbitration found in the arbitration case between the Philippines and the People's Republic of China under the United Nations Convention on the Law of the Sea that the People’s Republic of China’s claims, including those to offshore resources and historic rights (b) Sense of Congress It is the sense of Congress that— (1) the United States and the international community should reject the unlawful claims of the People's Republic of China within the exclusive economic zone or on the continental shelf of the Philippines, as well as the maritime claims of the People's Republic of China beyond a 12-nautical-mile territorial sea from the islands it claims in the South China Sea; (2) the provocative behavior of the People's Republic of China, including coercing other countries with claims in the South China Sea and preventing those countries from accessing offshore resources, undermines peace and stability in the South China Sea; (3) the international community should— (A) support and adhere to the ruling described in subsection (a) in compliance with international law; and (B) take all necessary steps to support the rules-based international order in the South China Sea; and (4) all claimants in the South China Sea should— (A) refrain from engaging in destabilizing activities, including illegal occupation or efforts to unlawfully assert control over disputed claims; (B) ensure that disputes are managed without intimidation, coercion, or force; (C) clarify or adjust claims in accordance with international law; and (D) uphold the principle that territorial and maritime claims, including over territorial waters or territorial seas, must be derived from land features and otherwise comport with international law. 5. Report on countries that recognize Chinese sovereignty over the South China Sea or the East China Sea (a) In general Not later than 60 days after the date of the enactment of this Act, and annually thereafter until the date that is 3 years after such date of enactment, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report identifying each country that the Secretary determines has taken an official and stated position to recognize, after such date of enactment, the sovereignty of the People’s Republic of China over territory or airspace disputed by one or more countries in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. (b) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex if the Secretary of State determines it is necessary for the national security interests of the United States to do so. (c) Public availability The Secretary of State shall publish the unclassified part of the report required by subsection (a) on a publicly available website of the Department of State.

South China Sea and East China Sea Sanctions Act of 2023

Rio San José and Rio Jemez Water Settlements Act of 2023 This bill recognizes and settles certain water rights claims in New Mexico of (1) the Pueblos of Acoma and Laguna, and (2) the Pueblos of Jemez and Zia. It also establishes and provides funding for settlement trust funds. Specifically, the bill authorizes, ratifies, and confirms a specified water rights settlement agreement entered into by the Pueblo of Acoma, the Pueblo of Laguna, the United States, New Mexico, and others, thus satisfying claims to water rights in the Rio San José Stream System in New Mexico. With respect to the water settlement for the Pueblos of Acoma and Laguna, the bill establishes and provides funding for the Pueblo of Acoma Settlement Trust Fund, the Pueblo of Laguna Settlement Trust Fund, and the Acomita Reservoir Works Trust Fund. Additionally, the bill authorizes, ratifies, and confirms a specified water rights settlement agreement entered into by the Pueblo of Jemez, the Pueblo of Zia, the United States, New Mexico, and others, thus satisfying claims to water rights in the Jemez River Stream System in New Mexico. With respect to the water settlement for the Pueblos of Jemez and Zia, the bill establishes and provides funding for the Pueblo of Jemez Settlement Trust Fund and the Pueblo of Zia Settlement Trust Fund. For both of these agreements, the bill (1) specifies the water rights of the pueblos; and (2) outlines waivers, releases, and retentions of claims by the pueblos and the United States.

118 S595 IS: Rio San José and Rio Jemez Water Settlements Act of 2023 U.S. Senate 2023-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 595 IN THE SENATE OF THE UNITED STATES March 1, 2023 Mr. Heinrich Mr. Luján Committee on Indian Affairs A BILL To approve the settlement of water rights claims of the Pueblos of Acoma and Laguna in the Rio San José Stream System and the Pueblos of Jemez and Zia in the Rio Jemez Stream System in the State of New Mexico, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Rio San José and Rio Jemez Water Settlements Act of 2023 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Pueblos of Acoma and Laguna Water Rights Settlement Sec. 101. Purposes. Sec. 102. Definitions. Sec. 103. Ratification of Agreement. Sec. 104. Pueblo Water Rights. Sec. 105. Settlement trust funds. Sec. 106. Funding. Sec. 107. Enforceability Date. Sec. 108. Waivers and releases of claims. Sec. 109. Satisfaction of claims. Sec. 110. Consent of United States to jurisdiction for judicial review of a Pueblo Water Right permit decision. Sec. 111. Miscellaneous provisions. Sec. 112. Antideficiency. TITLE II—Pueblos of Jemez and Zia Water Rights Settlement Sec. 201. Purposes. Sec. 202. Definitions. Sec. 203. Ratification of Agreement. Sec. 204. Pueblo Water Rights. Sec. 205. Settlement trust funds. Sec. 206. Funding. Sec. 207. Enforceability date. Sec. 208. Waivers and releases of claims. Sec. 209. Satisfaction of claims. Sec. 210. Miscellaneous provisions. Sec. 211. Antideficiency. I Pueblos of Acoma and Laguna Water Rights Settlement 101. Purposes The purposes of this title are— (1) to achieve a fair, equitable, and final settlement of all issues and controversies concerning claims to water rights in the general stream adjudication of the Rio San José Stream System captioned State of New Mexico, ex rel. State Engineer v. Kerr-McGee, et al. (A) the Pueblo of Acoma; (B) the Pueblo of Laguna; and (C) the United States, acting as trustee for the Pueblos of Acoma and Laguna; (2) to authorize, ratify, and confirm the agreement entered into by the Pueblos, the State, and various other parties to the Agreement, to the extent that the Agreement is consistent with this title; (3) to authorize and direct the Secretary— (A) to execute the Agreement; and (B) to take any other actions necessary to carry out the Agreement in accordance with this title; and (4) to authorize funds necessary for the implementation of the Agreement and this title. 102. Definitions In this title: (1) Acequia The term Acequia (2) Adjudication The term Adjudication State of New Mexico, ex rel. State Engineer v. Kerr-McGee, et al. (3) Agreement The term Agreement (A) the document entitled Rio San José Stream System Water Rights Local Settlement Agreement Among the Pueblo of Acoma, the Pueblo of Laguna, the Navajo Nation, the State of New Mexico, the City of Grants, the Village of Milan, the Association of Community Ditches of the Rio San José and Nine Individual Acequias and Community Ditches (B) any amendment to the document referred to in subparagraph (A) (including an amendment to an attachment thereto) that is executed to ensure that the Agreement is consistent with this title. (4) Allotment The term Allotment (A) located within— (i) the Rio Puerco Basin; (ii) the Rio San José Stream System; or (iii) the Rio Salado Basin; and (B) held in trust by the United States for the benefit of 1 or more individual Indians. (5) Allottee The term Allottee (6) Decree Court The term Decree Court (7) Enforceability Date The term Enforceability Date (8) Partial Final Judgment and Decree The term Partial Final Judgment and Decree (A) that is substantially in the form described in article 14.7.2 of the Agreement, as amended to ensure consistency with this title; and (B) from which no further appeal may be taken. (9) Pueblo The term Pueblo (A) the Pueblo of Acoma; or (B) the Pueblo of Laguna. (10) Pueblo Land (A) In general The term Pueblo Land (i) in the Rio San José Stream System that is held by the United States in trust for either Pueblo, or owned by either Pueblo, as of the Enforceability Date; (ii) in the Rio Salado Basin that is held by the United States in trust for the Pueblo of Acoma, or owned by the Pueblo of Acoma, as of the Enforceability Date; or (iii) in the Rio Puerco Basin that is held by the United States in trust for the Pueblo of Laguna, or owned by the Pueblo of Laguna, as of the Enforceability Date. (B) Inclusions The term Pueblo Land (11) Pueblo Trust Fund The term Pueblo Trust Fund (A) the Pueblo of Acoma Settlement Trust Fund established by section 105(a); (B) the Pueblo of Laguna Settlement Trust Fund established by that section; and (C) the Acomita Reservoir Works Trust Fund established by that section. (12) Pueblo Water Rights The term Pueblo Water Rights (A) the respective water rights of the Pueblos in the Rio San José Stream System— (i) as identified in the Agreement and section 104; and (ii) as confirmed in the Partial Final Judgment and Decree; (B) the water rights of the Pueblo of Acoma in the Rio Salado Basin; and (C) the water rights of the Pueblo of Laguna in the Rio Puerco Basin, as identified in the Agreement and section 104. (13) Pueblos The term Pueblos (A) the Pueblo of Acoma; and (B) the Pueblo of Laguna. (14) Rio Puerco Basin The term Rio Puerco Basin (15) Rio San José Stream System The term Rio San José Stream System (16) Rio salado basin The term Rio Salado Basin (17) Secretary The term Secretary (18) Signatory Acequia The term Signatory Acequia (19) State The term State 103. Ratification of Agreement (a) Ratification (1) In general Except as modified by this title and to the extent the Agreement does not conflict with this title, the Agreement is authorized, ratified, and confirmed. (2) Amendments If an amendment to the Agreement or any attachment to the Agreement requiring the signature of the Secretary is executed in accordance with this title to make the Agreement consistent with this title, the amendment is authorized, ratified, and confirmed. (b) Execution (1) In general To the extent the Agreement does not conflict with this title, the Secretary shall execute the Agreement, including all attachments to or parts of the Agreement requiring the signature of the Secretary. (2) Modifications Nothing in this title prohibits the Secretary, after execution of the Agreement, from approving any modification to the Agreement, including an attachment to the Agreement, that is consistent with this title, to the extent that the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes ( 25 U.S.C. 177 (c) Environmental compliance (1) In general In implementing the Agreement and this title, the Secretary shall comply with— (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (C) all other applicable Federal environmental laws and regulations. (2) Compliance (A) In general In implementing the Agreement and this title, the Pueblos shall prepare any necessary environmental documents consistent with— (i) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (ii) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (iii) all other applicable Federal environmental laws and regulations. (B) Authorizations The Secretary shall— (i) independently evaluate the documentation required under subparagraph (A); and (ii) be responsible for the accuracy, scope, and contents of that documentation. (3) Effect of execution The execution of the Agreement by the Secretary under this section shall not constitute a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (4) Costs Any costs associated with the performance of the compliance activities under subsection (c) shall be paid from funds deposited in the Pueblo Trust Funds, subject to the condition that any costs associated with the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary. 104. Pueblo Water Rights (a) Trust status of the Pueblo Water Rights The Pueblo Water Rights shall be held in trust by the United States on behalf of the Pueblos in accordance with the Agreement and this title. (b) Forfeiture and abandonment (1) In general The Pueblo Water Rights shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. (2) State-law based water rights Pursuant to the Agreement, State-law based water rights acquired by a Pueblo, or by the United States on behalf of a Pueblo, after the date for inclusion in the Partial Final Judgment and Decree, shall not be subject to forfeiture, abandonment, or permanent alienation from the time they are acquired. (c) Use Any use of the Pueblo Water Rights shall be subject to the terms and conditions of the Agreement and this title. (d) Allotment rights not included The Pueblo Water Rights shall not include any water uses or water rights claims on an Allotment. (e) Authority of the Pueblos (1) In general The Pueblos shall have the authority to allocate, distribute, and lease the Pueblo Water Rights for use on Pueblo Land in accordance with the Agreement, this title, and applicable Federal law. (2) Use off Pueblo land The Pueblos may allocate, distribute, and lease the Pueblo Water Rights for use off Pueblo Land in accordance with the Agreement, this title, and applicable Federal law, subject to the approval of the Secretary. (3) Allottee water rights The Pueblos shall not object in any general stream adjudication, including the Adjudication, or any other appropriate forum, to the quantification of reasonable domestic, stock, and irrigation water uses on an Allotment, and shall administer any water use in accordance with applicable Federal law, including recognition of— (A) any water use existing on an Allotment as of the date of enactment of this Act; (B) reasonable domestic, stock, and irrigation water uses on an Allotment; and (C) any Allotment water right decreed in a general stream adjudication, including the Adjudication, or other appropriate forum, for an Allotment. (f) Administration (1) No alienation The Pueblos shall not permanently alienate any portion of the Pueblo Water Rights. (2) Purchases or grants of land from Indians An authorization provided by this title for the allocation, distribution, leasing, or other arrangement entered into pursuant to this title shall be considered to satisfy any requirement for authorization of the action required by Federal law. (3) Prohibition on forfeiture The non-use of all or any portion of the Pueblo Water Rights by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Pueblo Water Rights. 105. Settlement trust funds (a) Establishment The Secretary shall establish 2 trust funds, to be known as the Pueblo of Acoma Settlement Trust Fund Pueblo of Laguna Settlement Trust Fund Acomita Reservoir Works Trust Fund (b) Accounts (1) Pueblo of Acoma Settlement Trust Fund The Secretary shall establish in the Pueblo of Acoma Settlement Trust Fund the following accounts: (A) The Water Rights Settlement Account. (B) The Water Infrastructure Operations and Maintenance Account. (C) The Feasibility Studies Settlement Account. (2) Pueblo of Laguna Settlement Trust Fund The Secretary shall establish in the Pueblo of Laguna Settlement Trust Fund the following accounts: (A) The Water Rights Settlement Account. (B) The Water Infrastructure Operations and Maintenance Account. (C) The Feasibility Studies Settlement Account. (c) Deposits The Secretary shall deposit in each Pueblo Trust Fund the amounts made available pursuant to section 106(a). (d) Management and interest (1) Management On receipt and deposit of funds into the Pueblo Trust Funds under subsection (c), the Secretary shall manage, invest, and distribute all amounts in the Pueblo Trust Funds in a manner that is consistent with the investment authority of the Secretary under— (A) the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a (B) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (C) this subsection. (2) Investment earnings In addition to the deposits made to each Pueblo Trust Fund under subsection (c), any investment earnings, including interest, earned on those amounts held in each Pueblo Trust Fund are authorized to be used in accordance with subsections (f) and (h). (e) Availability of amounts (1) In general Amounts appropriated to, and deposited in, each Pueblo Trust Fund, including any investment earnings (including interest) earned on those amounts, shall be made available to the Pueblo or Pueblos by the Secretary beginning on the Enforceability Date, subject to the requirements of this section, except for those funds to be made available to the Pueblos pursuant to paragraph (2). (2) Use of funds Notwithstanding paragraph (1)— (A) amounts deposited in the Feasibility Studies Settlement Account of each Pueblo Trust Fund, including any investment earnings, including interest, earned on those amounts shall be available to the Pueblo on the date on which the amounts are deposited for uses described in subsection (h)(3), and in accordance with the Agreement; (B) amounts deposited in the Acomita Reservoir Works Trust Fund, including any investment earnings, including interest, earned on those amounts shall be available to the Pueblos on the date on which the amounts are deposited for uses described in subsection (h)(4), and in accordance with the Agreement; and (C) up to $15,000,000 from the Water Rights Settlement Account for each Pueblo shall be available on the date on which the amounts are deposited for installing, on Pueblo Lands, groundwater wells to meet immediate domestic, commercial, municipal and industrial water needs, and associated environmental, cultural, and historical compliance. (f) Withdrawals (1) Withdrawals under the American Indian Trust Fund Management Reform Act of 1994 (A) In general Each Pueblo may withdraw any portion of the amounts in its respective Settlement Trust Fund on approval by the Secretary of a Tribal management plan submitted by each Pueblo in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (B) Requirements In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (C) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce the Tribal management plan under this paragraph to ensure that amounts withdrawn by each Pueblo from the Pueblo Trust Funds under subparagraph (A) are used in accordance with this title. (2) Withdrawals under expenditure plan (A) In general Each Pueblo may submit to the Secretary a request to withdraw funds from the Pueblo Trust Fund of the Pueblo pursuant to an approved expenditure plan. (B) Requirements To be eligible to withdraw amounts under an expenditure plan under subparagraph (A), the appropriate Pueblo shall submit to the Secretary an expenditure plan for any portion of the Pueblo Trust Fund that the Pueblo elects to withdraw pursuant to that subparagraph, subject to the condition that the amounts shall be used for the purposes described in this title. (C) Inclusions An expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Pueblo Trust Fund will be used by the Pueblo, in accordance with this subsection and subsection (h). (D) Approval The Secretary shall approve an expenditure plan submitted under subparagraph (A) if the Secretary determines that the plan— (i) is reasonable; and (ii) is consistent with, and will be used for, the purposes of this title. (E) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this paragraph are used in accordance with this title. (3) Withdrawals from Acomita Reservoir Works Trust Fund (A) In general A Pueblo may submit to the Secretary a request to withdraw funds from the Acomita Reservoir Works Trust Fund pursuant to an approved joint expenditure plan. (B) Requirements (i) In general To be eligible to withdraw amounts under a joint expenditure plan under subparagraph (A), the Pueblos shall submit to the Secretary a joint expenditure plan for any portion of the Acomita Reservoir Works Trust Fund that the Pueblos elect to withdraw pursuant to this subparagraph, subject to the condition that the amounts shall be used for the purposes described in subsection (h)(4). (ii) Written resolution Each request to withdraw amounts under a joint expenditure plan submitted under clause (i) shall be accompanied by a written resolution from the Tribal councils of both Pueblos approving the requested use and disbursement of funds. (C) Inclusions A joint expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Acomita Reservoir Works Trust Fund will be used by the Pueblo or Pueblos to whom the funds will be disbursed, in accordance with subsection (h)(4). (D) Approval The Secretary shall approve a joint expenditure plan submitted under subparagraph (A) if the Secretary determines that the plan— (i) is reasonable; and (ii) is consistent with, and will be used for, the purposes of this title. (E) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce a joint expenditure plan to ensure that amounts disbursed under this paragraph are used in accordance with this title. (g) Effect of section Nothing in this section gives the Pueblos the right to judicial review of a determination of the Secretary relating to whether to approve a Tribal management plan under paragraph (1) of subsection (f) or an expenditure plan under paragraph (2) or (3) of that subsection, except under subchapter II of chapter 5, of title 5, United States Code, and chapter 7 Administrative Procedure Act (h) Uses (1) Water Rights Settlement Account The Water Rights Settlement Account for each Pueblo may only be used for the following purposes: (A) Acquiring water rights or water supply. (B) Planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, or repairing water production, treatment, or delivery infrastructure, including for domestic and municipal use, on-farm improvements, or wastewater infrastructure. (C) Pueblo Water Rights management and administration. (D) Watershed protection and enhancement, support of agriculture, water-related Pueblo community welfare and economic development, and costs relating to implementation of the Agreement. (E) Environmental compliance in the development and construction of infrastructure under this title. (2) Water Infrastructure Operations and Maintenance Trust Account The Water Infrastructure Operations and Maintenance Account for each Pueblo may only be used to pay costs for operation and maintenance of water infrastructure to serve Pueblo domestic, commercial, municipal, and industrial water uses from any water source. (3) Feasibility Studies Settlement Account The Feasibility Studies Settlement Account for each Pueblo may only be used to pay costs for feasibility studies of water supply infrastructure to serve Pueblo domestic, commercial, municipal, and industrial water uses from any water source. (4) Acomita Reservoir Works Trust Fund The Acomita Reservoir Works Trust Fund may only be used for planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, maintaining, or repairing Acomita reservoir, its dam, inlet works, outlet works, and the North Acomita Ditch from the Acomita Reservoir outlet on the Pueblo of Acoma through its terminus on the Pueblo of Laguna. (i) Liability The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Pueblo Trust Funds by a Pueblo under paragraph (1), (2), or (3) of subsection (f). (j) Expenditure reports Each Pueblo shall annually submit to the Secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan under paragraph (1), (2), or (3) of subsection (f), as applicable. (k) No per capita distributions No portion of the Pueblo Trust Funds shall be distributed on a per capita basis to any member of a Pueblo. (l) Title to infrastructure Title to, control over, and operation of any project constructed using funds from the Pueblo Trust Funds shall remain in the appropriate Pueblo or Pueblos. (m) Operation, maintenance, and replacement All operation, maintenance, and replacement costs of any project constructed using funds from the Pueblo Trust Funds shall be the responsibility of the appropriate Pueblo or Pueblos. 106. Funding (a) Mandatory appropriations Out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary the following amounts for the following accounts: (1) Pueblo of Acoma Settlement Trust Fund (A) The Water Rights Settlement Account $296,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (B) The Water Infrastructure Operations and Maintenance Account $14,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (C) The Feasibility Studies Settlement Account $1,750,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (2) Pueblo of Laguna Settlement Trust Fund (A) The Water Rights Settlement Account $464,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (B) The Water Infrastructure Operations and Maintenance Account $26,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (C) The Feasibility Studies Settlement Account $3,250,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (3) Acomita Reservoir Works Trust Fund $45,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (b) Fluctuations in costs (1) In general The amounts appropriated under subsection (a) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs, as indicated by the Bureau of Reclamation Construction Cost Index–Composite Trend. (2) Construction costs adjustment The amounts appropriated under subsection (a) shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices, as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved. (3) Repetition The adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the applicable amount, as adjusted, has been appropriated. (4) Period of indexing The period of indexing and adjustment under this subsection for any increment of funding shall start on October 1, 2021, and shall end on the date on which funds are deposited in the applicable Pueblo Trust Fund. (c) State cost share Pursuant to the Agreement, the State shall contribute— (1) $23,500,000, as adjusted for inflation pursuant to the Agreement, for the Joint Grants-Milan Project for Water Re-Use, Water Conservation and Augmentation of the Rio San José, the Village of Milan Projects Fund, and the City of Grants Projects Fund; (2) $12,000,000, as adjusted for the inflation pursuant to the Agreement, for Signatory Acequias Projects and Offset Projects Fund for the Association of Community Ditches of the Rio San José; and (3) $500,000, as adjusted for inflation pursuant to the Agreement, to mitigate impairment to non-Pueblo domestic and livestock groundwater rights as a result of new Pueblo water use. 107. Enforceability Date The Enforceability Date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— (1) to the extent that the Agreement conflicts with this title, the Agreement has been amended to conform with this title; (2) the Agreement, as amended, has been executed by all parties to the Agreement, including the United States; (3) all of the amounts appropriated under section 106 have been appropriated and deposited in the designated accounts of the Pueblo Trust Fund; (4) the State has— (A) provided the funding under section 106(c)(3) into appropriate funding accounts; (B) provided the funding under paragraphs (1) and (2) of section 106(c) into appropriate funding accounts or entered into funding agreements with the intended beneficiaries for funding under those paragraphs of that section; and (C) enacted legislation to amend State law to provide that a Pueblo Water Right may be leased for a term not to exceed 99 years, including renewals; (5) the Decree Court has approved the Agreement and has entered a Partial Final Judgment and Decree; and (6) the waivers and releases under section 108 have been executed by the Pueblos and the Secretary. 108. Waivers and releases of claims (a) Waivers and releases of claims by Pueblos and the United States as trustee for Pueblos Subject to the reservation of rights and retention of claims under subsection (d), as consideration for recognition of the Pueblo Water Rights and other benefits described in the Agreement and this title, the Pueblos and the United States, acting as trustee for the Pueblos, shall execute a waiver and release of all claims for— (1) water rights within the Rio San José Stream System that the Pueblos, or the United States acting as trustee for the Pueblos, asserted or could have asserted in any proceeding, including the Adjudication, on or before the Enforceability Date, except to the extent that such rights are recognized in the Agreement and this title; and (2) damages, losses, or injuries to water rights or claims of interference with, diversion of, or taking of water rights (including claims for injury to land resulting from such damages, losses, injuries, interference with, diversion, or taking of water rights) in waters in the Rio San José Stream System against any party to the Agreement, including the members and parciantes of Signatory Acequias, that accrued at any time up to and including the Enforceability Date. (b) Waivers and releases of claims by Pueblos against United States Subject to the reservation of rights and retention of claims under subsection (d), the Pueblos shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States) first arising before the Enforceability Date relating to— (1) water rights within the Rio San José Stream System that the United States, acting as trustee for the Pueblos, asserted or could have asserted in any proceeding, including the Adjudication, except to the extent that such rights are recognized as part of the Pueblo Water Rights under this title; (2) foregone benefits from non-Pueblo use of water, on and off Pueblo Land (including water from all sources and for all uses), within the Rio San José Stream System; (3) damage, loss, or injury to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion of, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the Rio San José Stream System; (4) a failure to provide operation, maintenance, or deferred maintenance for any irrigation system or irrigation project within the Rio San José Stream System; (5) a failure to establish or provide a municipal, rural, or industrial water delivery system on Pueblo Land within the Rio San José Stream System; (6) damage, loss, or injury to water, water rights, land, or natural resources due to construction, operation, and management of irrigation projects on Pueblo Land (including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat) within the Rio San José Stream System; (7) a failure to provide a dam safety improvement to a dam on Pueblo Land within the Rio San José Stream System; (8) the litigation of claims relating to any water right of the Pueblos within the Rio San José Stream System; and (9) the negotiation, execution, or adoption of the Agreement (including attachments) and this title. (c) Effective date The waivers and releases described in subsections (a) and (b) shall take effect on the Enforceability Date. (d) Reservation of rights and retention of claims Notwithstanding the waivers and releases under subsections (a) and (b), the Pueblos and the United States, acting as trustee for the Pueblos, shall retain all claims relating to— (1) the enforcement of, or claims accruing after the Enforceability Date relating to, water rights recognized under the Agreement, this title, or the Partial Final Judgment and Decree entered in the Adjudication; (2) activities affecting the quality of water and the environment, including claims under— (A) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. (C) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. Clean Water Act (D) any regulations implementing the Acts described in subparagraphs (A) through (C); (3) the right to use and protect water rights acquired after the date of enactment of this Act; (4) damage, loss, or injury to land or natural resources that is not due to loss of water or water rights, including hunting, fishing, gathering, or cultural rights; (5) all claims for water rights, and claims for injury to water rights, in basins other than the Rio San José Stream System, subject to article 8.5 of the Agreement with respect to the claims of the Pueblo of Laguna for water rights in the Rio Puerco Basin and the claims of the Pueblo of Acoma for water rights in the Rio Salado Basin; (6) all claims relating to the Jackpile-Paguate Uranium Mine in the State that are not due to loss of water or water rights; and (7) all rights, remedies, privileges, immunities, powers, and claims not specifically waived and released pursuant to this title or the Agreement. (e) Effect of Agreement and title Nothing in the Agreement or this title— (1) reduces or extends the sovereignty (including civil and criminal jurisdiction) of any government entity, except as provided in section 110; (2) affects the ability of the United States, as a sovereign, to carry out any activity authorized by law, including— (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. (C) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. Clean Water Act (D) the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. (E) any regulations implementing the Acts described in subparagraphs (A) through (D); (3) affects the ability of the United States to act as trustee for the Pueblos (consistent with this title), any other pueblo or Indian Tribe, or an Allottee of any Indian Tribe; (4) confers jurisdiction on any State court— (A) to interpret Federal law relating to health, safety, or the environment; (B) to determine the duties of the United States or any other party under Federal law regarding health, safety, or the environment; or (C) to conduct judicial review of any Federal agency action; or (5) waives any claim of a member of a Pueblo in an individual capacity that does not derive from a right of the Pueblos. (f) Tolling of claims (1) In general Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the Enforceability Date. (2) Effect of subsection Nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act. (3) Limitation Nothing in this section precludes the tolling of any period of limitation or any time-based equitable defense under any other applicable law. (g) Expiration (1) In general This title shall expire in any case in which the Secretary fails to publish a statement of findings under section 107 by not later than— (A) July 1, 2030; or (B) such alternative later date as is agreed to by the Pueblos and the Secretary, after providing reasonable notice to the State. (2) Consequences If this title expires under paragraph (1)— (A) the waivers and releases under subsections (a) and (b) shall— (i) expire; and (ii) have no further force or effect; (B) the authorization, ratification, confirmation, and execution of the Agreement under section 103 shall no longer be effective; (C) any action carried out by the Secretary, and any contract or agreement entered into, pursuant to this title shall be void; (D) any unexpended Federal funds appropriated or made available to carry out the activities authorized by this title, together with any interest earned on those funds, and any water rights or contracts to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this title, shall be returned to the Federal Government, unless otherwise agreed to by the Pueblos and the United States and approved by Congress; and (E) except for Federal funds used to acquire or construct property that is returned to the Federal Government under subparagraph (D), the United States shall be entitled to offset any Federal funds made available to carry out this title that were expended or withdrawn, or any funds made available to carry out this title from other Federal authorized sources, together with any interest accrued on those funds, against any claims against the United States— (i) relating to— (I) water rights in the State asserted by— (aa) the Pueblos; or (bb) any user of the Pueblo Water Rights; or (II) any other matter covered by subsection (b); or (ii) in any future settlement of water rights of the Pueblos. 109. Satisfaction of claims The benefits provided under this title shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Pueblos against the United States that are waived and released by the Pueblos pursuant to section 108(b). 110. Consent of United States to jurisdiction for judicial review of a Pueblo Water Right permit decision (a) Consent On the Enforceability Date, the consent of the United States is hereby given, with the consent of each Pueblo under article 11.5 of the Agreement, to jurisdiction in the District Court for the Thirteenth Judicial District of the State of New Mexico, and in the New Mexico Court of Appeals and the New Mexico Supreme Court on appeal therefrom in the same manner as provided under New Mexico law, over an action filed in such District Court by any party to a Pueblo Water Rights Permit administrative proceeding under article 11.4 of the Agreement for the limited and sole purpose of judicial review of a Pueblo Water Right Permit decision under article 11.5 of the Agreement. (b) Limitation The consent of the United States under this title is limited to judicial review, based on the record developed through the administrative process of the Pueblo, under a standard of judicial review limited to determining whether the Pueblo decision on the application for Pueblo Water Right Permit— (1) is supported by substantial evidence; (2) is not arbitrary, capricious, or contrary to law; (3) is not in accordance with this Agreement or the Partial Final Judgment and Decree; or (4) shows that the Pueblo acted fraudulently or outside the scope of its authority. (c) Pueblo Water Code and interpretation (1) In general Pueblo Water Code or Pueblo Water Law provisions that meet the requirements of article 11 of the Agreement shall be given full faith and credit in any proceeding described in this section. (2) Provisions of the Pueblo Water Code To the extent that a State court conducting judicial review under this section must interpret provisions of Pueblo law that are not express provisions of the Pueblo Water Code, the State court shall certify the question of interpretation to the Pueblo court. (3) No certification Any issues of interpretation of standards in article 11.6 of the Agreement are not subject to certification. (4) Limitation Nothing in this section limits the jurisdiction of the Decree Court to interpret and enforce the Agreement. 111. Miscellaneous provisions (a) No waiver of sovereign immunity by the United States Nothing in this title waives the sovereign immunity of the United States. (b) Other tribes not adversely affected Nothing in this title quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian Tribe, band, or community other than the Pueblos. (c) Allottees not adversely affected Nothing in this title quantifies or diminishes any water right, or any claim or entitlement to water, of an Allottee. (d) Effect on current law Nothing in this title affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to pre-enforcement review of any Federal environmental enforcement action. (e) Conflict In the event of a conflict between the Agreement and this title, this title shall control. 112. Antideficiency The United States shall not be liable for any failure to carry out any obligation or activity authorized by this title, including any obligation or activity under the Agreement, if adequate appropriations are not provided expressly by Congress to carry out the purposes of this title. II Pueblos of Jemez and Zia Water Rights Settlement 201. Purposes The purposes of this title are— (1) to achieve a fair, equitable, and final settlement of all claims to water rights in the Jemez River Stream System in the State of New Mexico for— (A) the Pueblo of Jemez; (B) the Pueblo of Zia; and (C) the United States, acting as trustee for the Pueblos of Jemez and Zia; (2) to authorize, ratify, and confirm the Agreement entered into by the Pueblos, the State, and various other parties to the extent that the Agreement is consistent with this title; (3) to authorize and direct the Secretary— (A) to execute the Agreement; and (B) to take any other actions necessary to carry out the Agreement in accordance with this title; and (4) to authorize funds necessary for the implementation of the Agreement and this title. 202. Definitions In this title: (1) Adjudication The term Adjudication (2) Agreement The term Agreement (A) the document entitled Pueblos of Jemez and Zia Water Rights Settlement Agreement (B) any amendment to the document referred to in subparagraph (A) (including an amendment to an appendix or exhibit) that is executed to ensure that the Agreement is consistent with this title. (3) Enforceability Date The term Enforceability Date (4) Jemez River Stream System The term Jemez River Stream System (5) Partial Final Judgment and Decree The term Partial Final Judgment and Decree (A) that is substantially in the form described in the Agreement, as amended to ensure consistency with this title; and (B) from which no further appeal may be taken. (6) Pueblo The term Pueblo (A) the Pueblo of Jemez; or (B) the Pueblo of Zia. (7) Pueblo Land The term Pueblo Land (A) held by the United States in trust for a Pueblo within the Jemez River Stream System; (B) owned by a Pueblo within the Jemez River Stream System before the date on which a court approves the Agreement; or (C) acquired by a Pueblo on or after the date on which a court approves the Agreement if the real property— (i) is located within the exterior boundaries of the Pueblo, as recognized and confirmed by a patent issued under the Act of December 22, 1858 (11 Stat. 374, chapter V); (ii) is located within the exterior boundaries of any territory set aside for a Pueblo by law, executive order, or court decree; (iii) is owned by a Pueblo or held by the United States in trust for the benefit of a Pueblo outside the Jemez River Stream System that is located within the exterior boundaries of the Pueblo, as recognized and confirmed by a patent issued under the Act of December 22, 1858 (11 Stat. 374, chapter V); or (iv) is located within the exterior boundaries of any real property located outside the Jemez River Stream System set aside for a Pueblo by law, executive order, or court decree if the land is within or contiguous to land held by the United States in trust for the Pueblo as of June 1, 2022. (8) Pueblo Trust Fund The term Pueblo Trust Fund (A) the Pueblo of Jemez Settlement Trust Fund established under section 205(a); and (B) the Pueblo of Zia Settlement Trust Fund established under that section. (9) Pueblo Water Rights The term Pueblo Water Rights (A) as identified in the Agreement and section 204; and (B) as confirmed in the Partial Final Judgment and Decree. (10) Pueblos The term Pueblos (A) the Pueblo of Jemez; and (B) the Pueblo of Zia. (11) Secretary The term Secretary (12) State The term State 203. Ratification of Agreement (a) Ratification (1) In general Except as modified by this title and to the extent that the Agreement does not conflict with this title, the Agreement is authorized, ratified, and confirmed. (2) Amendments If an amendment to the Agreement, or to any appendix or exhibit attached to the Agreement requiring the signature of the Secretary, is executed in accordance with this title to make the Agreement consistent with this title, the amendment is authorized, ratified, and confirmed. (b) Execution (1) In general To the extent the Agreement does not conflict with this title, the Secretary shall execute the Agreement, including all appendices or exhibits to, or parts of, the Agreement requiring the signature of the Secretary. (2) Modifications Nothing in this title prohibits the Secretary, after execution of the Agreement, from approving any modification to the Agreement, including an appendix or exhibit to the Agreement, that is consistent with this title, to the extent that the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes ( 25 U.S.C. 177 (c) Environmental compliance (1) In general In implementing the Agreement and this title, the Secretary shall comply with— (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (C) all other applicable Federal environmental laws and regulations. (2) Compliance (A) In general In implementing the Agreement and this title, the Pueblos shall prepare any necessary environmental documents, consistent with— (i) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (ii) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (iii) all other applicable Federal environmental laws and regulations. (B) Authorizations The Secretary shall— (i) independently evaluate the documentation required under subparagraph (A); and (ii) be responsible for the accuracy, scope, and contents of that documentation. (3) Effect of execution The execution of the Agreement by the Secretary under this section shall not constitute a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (4) Costs Any costs associated with the performance of the compliance activities under this subsection shall be paid from funds deposited in the Pueblo Trust Funds, subject to the condition that any costs associated with the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary. 204. Pueblo Water Rights (a) Trust status of the Pueblo Water Rights The Pueblo Water Rights shall be held in trust by the United States on behalf of the Pueblos in accordance with the Agreement and this title. (b) Forfeiture and abandonment (1) In general The Pueblo Water Rights shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. (2) State-law based water rights State-law based water rights acquired by a Pueblo, or by the United States on behalf of a Pueblo, after the date for inclusion in the Partial Final Judgment and Decree, shall not be subject to forfeiture, abandonment, or permanent alienation from the time they are acquired. (c) Use Any use of the Pueblo Water Rights shall be subject to the terms and conditions of the Agreement and this title. (d) Authority of the Pueblos (1) In general The Pueblos shall have the authority to allocate, distribute, and lease the Pueblo Water Rights for use on Pueblo Land in accordance with the Agreement, this title, and applicable Federal law. (2) Use off Pueblo land The Pueblos may allocate, distribute, and lease the Pueblo Water Rights for use off Pueblo Land in accordance with the Agreement, this title, and applicable Federal law, subject to the approval of the Secretary. (e) Administration (1) No alienation The Pueblos shall not permanently alienate any portion of the Pueblo Water Rights. (2) Purchases or grants of land from Indians An authorization provided by this title for the allocation, distribution, leasing, or other arrangement entered into pursuant to this title shall be considered to satisfy any requirement for authorization of the action required by Federal law. (3) Prohibition on forfeiture The non-use of all or any portion of the Pueblo Water Rights by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Pueblo Water Rights. 205. Settlement trust funds (a) Establishment The Secretary shall establish 2 trust funds, to be known as the Pueblo of Jemez Settlement Trust Fund Pueblo of Zia Settlement Trust Fund (b) Deposits The Secretary shall deposit in each Pueblo Trust Fund the amounts made available pursuant to section 206(a). (c) Management and interest (1) Management On receipt and deposit of funds into the Pueblo Trust Funds under subsection (b), the Secretary shall manage, invest, and distribute all amounts in the Pueblo Trust Funds in a manner that is consistent with the investment authority of the Secretary under— (A) the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a (B) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (C) this subsection. (2) Investment earnings In addition to the deposits made to each Pueblo Trust Fund under subsection (b), any investment earnings, including interest, earned on those amounts held in each Pueblo Trust Fund are authorized to be used in accordance with subsections (e) and (g). (d) Availability of amounts (1) In general Amounts appropriated to, and deposited in, each Pueblo Trust Fund, including any investment earnings (including interest) earned on those amounts, shall be made available to each Pueblo by the Secretary beginning on the Enforceability Date, subject to the requirements of this section, except for funds to be made available to the Pueblos pursuant to paragraph (2). (2) Use of funds Notwithstanding paragraph (1), $25,000,000 of the amounts deposited in each Pueblo Trust Fund shall be available to the appropriate Pueblo for— (A) developing economic water development plans; (B) preparing environmental compliance documents; (C) preparing water project engineering designs; (D) establishing and operating a water resource department; (E) installing supplemental irrigation groundwater wells; and (F) developing water measurement and reporting water use plans. (e) Withdrawals (1) Withdrawals under the American Indian Trust Fund Management Reform Act of 1994 (A) In general Each Pueblo may withdraw any portion of the amounts in the Pueblo Trust Fund on approval by the Secretary of a Tribal management plan submitted by the Pueblo in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (B) Requirements In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (C) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce the Tribal management plan under this paragraph to ensure that amounts withdrawn by each Pueblo from the Pueblo Trust Fund of the Pueblo under subparagraph (A) are used in accordance with this title. (2) Withdrawals under expenditure plan (A) In general Each Pueblo may submit to the Secretary a request to withdraw funds from the Pueblo Trust Fund of the Pueblo pursuant to an approved expenditure plan. (B) Requirements To be eligible to withdraw amounts under an expenditure plan under subparagraph (A), each Pueblo shall submit to the Secretary an expenditure plan for any portion of the Pueblo Trust Fund that the Pueblo elects to withdraw pursuant to that subparagraph, subject to the condition that the amounts shall be used for the purposes described in this title. (C) Inclusions An expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Pueblo Trust Fund will be used by the Pueblo, in accordance with this subsection and subsection (g). (D) Approval The Secretary shall approve an expenditure plan submitted under subparagraph (A) if the Secretary determines that the plan— (i) is reasonable; and (ii) is consistent with, and will be used for, the purposes of this title. (E) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this paragraph are used in accordance with this title. (f) Effect of section Nothing in this section gives the Pueblos the right to judicial review of a determination of the Secretary relating to whether to approve a Tribal management plan under paragraph (1) of subsection (e) or an expenditure plan under paragraph (2) of that subsection except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act (g) Uses Amounts from a Pueblo Trust Fund may only be used by the appropriate Pueblo for the following purposes: (1) Planning, permitting, designing, engineering, constructing, reconstructing, replacing, rehabilitating, operating, or repairing water production, treatment, or delivery infrastructure, including for domestic and municipal use, on-farm improvements, or wastewater infrastructure. (2) Watershed protection and enhancement, support of agriculture, water-related Pueblo community welfare and economic development, and costs related to implementation of the Agreement. (3) Planning, permitting, designing, engineering, construction, reconstructing, replacing, rehabilitating, operating, or repairing water production of delivery infrastructure of the Augmentation Project, as set forth in the Agreement. (4) Ensuring environmental compliance in the development and construction of projects under this title. (5) The management and administration of the Pueblo Water Rights. (h) Liability The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from a Pueblo Trust Fund by a Pueblo under paragraph (1) or (2) of subsection (e). (i) Expenditure reports Each Pueblo shall annually submit to the Secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan under paragraph (1) or (2) of subsection (e), as applicable. (j) No per capita distributions No portion of a Pueblo Trust Fund shall be distributed on a per capita basis to any member of a Pueblo. (k) Title to infrastructure Title to, control over, and operation of any project constructed using funds from a Pueblo Trust Fund shall remain in the appropriate Pueblo. (l) Operation, maintenance, and replacement All operation, maintenance, and replacement costs of any project constructed using funds from a Pueblo Trust Fund shall be the responsibility of the appropriate Pueblo. 206. Funding (a) Mandatory appropriation Out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary— (1) for deposit in the Pueblo of Jemez Settlement Trust Fund established under section 205(a) $290,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury; and (2) for deposit in the Pueblo of Zia Settlement Trust Fund established under that section $200,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury. (b) Fluctuation in costs (1) In general The amount appropriated under subsection (a) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs, as indicated by the Bureau of Reclamation Construction Cost Index–Composite Trend. (2) Construction costs adjustment The amount appropriated under subsection (a) shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices, as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved. (3) Repetition The adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the applicable amount, as adjusted, has been appropriated. (4) Period of indexing The period of indexing adjustment under this subsection for any increment of funding shall start on October 1, 2021, and end on the date on which the funds are deposited in the applicable Pueblo Trust Fund. (c) State cost share The State shall contribute— (1) $3,400,000, as adjusted for inflation pursuant to the Agreement, to the San Ysidro Community Ditch Association for capital and operating expenses of the mutual benefit Augmentation Project; (2) $16,159,000, as adjusted for inflation pursuant to the Agreement, for Jemez River Basin Water Users Coalition acequia ditch improvements; and (3) $500,000, as adjusted for inflation, to mitigate impairment to non-Pueblo domestic and livestock groundwater rights as a result of new Pueblo water use. 207. Enforceability date The Enforceability Date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— (1) to the extent that the Agreement conflicts with this title, the Agreement has been amended to conform with this title; (2) the Agreement, as amended, has been executed by all parties to the Agreement, including the United States; (3) the United States District Court for the District of New Mexico has approved the Agreement and has entered a Partial Final Judgment and Decree; (4) all of the amounts appropriated under section 206 have been appropriated and deposited in the designated accounts of the applicable Pueblo Trust Fund; (5) the State has— (A) provided the funding under section 206(c)(2) into appropriate funding accounts; (B) provided the funding under section 206(c)(1) or entered into a funding agreement with the intended beneficiaries for that funding; and (C) enacted legislation to amend State law to provide that a Pueblo Water Right may be leased for a term of not to exceed 99 years, including renewals; (6) the waivers and releases under section subsections (a) and (b) of section 208 have been executed by the Pueblos and the Secretary; and (7) the waivers and releases under section 208 have been executed by the Pueblos and the Secretary. 208. Waivers and releases of claims (a) Waivers and releases of claims by Pueblos and United States as trustee for pueblos Subject to the reservation of rights and retention of claims under subsection (d), as consideration for recognition of the Pueblo Water Rights and other benefits described in the Agreement and this title, the Pueblos and the United States, acting as trustee for the Pueblos, shall execute a waiver and release of all claims for— (1) water rights within the Jemez River Stream System that the Pueblos, or the United States acting as trustee for the Pueblos, asserted or could have asserted in any proceeding, including the Adjudication, on or before the Enforceability Date, except to the extent that such a right is recognized in the Agreement and this title; and (2) damages, losses, or injuries to water rights or claims of interference with, diversion of, or taking of water rights (including claims for injury to land resulting from such damages, losses, injuries, interference, diversion, or taking of water rights) in the Jemez River Stream System against any party to a settlement, including the members and parciantes of signatory acequias, that accrued at any time up to and including the Enforceability Date. (b) Waivers and releases of claims by Pueblos against United States Subject to the reservation of rights and retention of claims under subsection (d), each Pueblo shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States) for water rights within the Jemez River Stream System first arising before the Enforceability Date relating to— (1) water rights within the Jemez River Stream System that the United States, acting as trustee for the Pueblos, asserted or could have asserted in any proceeding, including the Adjudication, except to the extent that such rights are recognized as part of the Pueblo Water Rights under this title; (2) foregone benefits from non-Pueblo use of water, on and off Pueblo Land (including water from all sources and for all uses), within the Jemez River Stream System; (3) damage, loss, or injury to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion of, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the Jemez River Stream System; (4) a failure to establish or provide a municipal, rural, or industrial water delivery system on Pueblo Land within the Jemez River Stream System; (5) damage, loss, or injury to water, water rights, land, or natural resources due to construction, operation, and management of irrigation projects on Pueblo Land or Federal land (including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat) within the Jemez River Stream System; (6) a failure to provide for operation, maintenance, or deferred maintenance for any irrigation system or irrigation project within the Jemez River Stream System; (7) a failure to provide a dam safety improvement to a dam on Pueblo Land within the Jemez River Stream System; (8) the litigation of claims relating to any water right of a Pueblo within the Jemez River Stream System; and (9) the negotiation, execution, or adoption of the Agreement (including exhibits or appendices) and this title. (c) Effective date The waivers and releases described in subsections (a) and (b) shall take effect on the Enforceability Date. (d) Reservation of rights and retention of claims Notwithstanding the waivers and releases under subsections (a) and (b), the Pueblos and the United States, acting as trustee for the Pueblos, shall retain all claims relating to— (1) the enforcement of, or claims accruing after the Enforceability Date relating to, water rights recognized under the Agreement, this title, or the Partial Final Judgement and Decree entered into in the Adjudication; (2) activities affecting the quality of water, including claims under— (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. (C) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. Clean Water Act (D) any regulations implementing the Acts described in subparagraphs (A) through (C); (3) the right to use and protect water rights acquired after the date of enactment of this Act; (4) damage, loss, or injury to land or natural resources that is not due to loss of water or water rights, including hunting, fishing, gathering, or cultural rights; (5) all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this title or the Agreement; and (6) loss of water or water rights in locations outside of the Jemez River Stream System. (e) Effect of Agreement and title Nothing in the Agreement or this title— (1) reduces or extends the sovereignty (including civil and criminal jurisdiction) of any government entity; (2) affects the ability of the United States, as sovereign, to carry out any activity authorized by law, including— (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. (C) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. Clean Water Act (D) the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. (E) any regulations implementing the Acts described in subparagraphs (A) though (D); (3) affects the ability of the United States to act as trustee for the Pueblos (consistent with this title), any other pueblo or Indian Tribe, or an allottee of any Indian Tribe; (4) confers jurisdiction on any State court— (A) to interpret Federal law relating to health, safety, or the environment; (B) to determine the duties of the United States or any other party under Federal law regarding health, safety, or the environment; (C) to conduct judicial review of any Federal agency action; or (D) to interpret Pueblo or Tribal law; or (5) waives any claim of a member of a Pueblo in an individual capacity that does not derive from a right of the Pueblos. (f) Tolling of claims (1) In general Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the Enforceability Date. (2) Effect of subsection Nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act. (3) Limitation Nothing in this section precludes the tolling of any period of limitation or any time-based equitable defense under any other applicable law. (g) Expiration (1) In general This title shall expire in any case in which the Secretary fails to publish a statement of findings under section 207 by not later than— (A) July 1, 2030; or (B) such alternative later date as is agreed to by the Pueblos and the Secretary, after providing reasonable notice to the State. (2) Consequences If this title expires under paragraph (1)— (A) the waivers and releases under subsections (a) and (b) shall— (i) expire; and (ii) have no further force or effect; (B) the authorization, ratification, confirmation, and execution of the Agreement under section 203 shall no longer be effective; (C) any action carried out by the Secretary, and any contract or agreement entered into, pursuant to this title shall be void; (D) any unexpended Federal funds appropriated or made available to carry out the activities authorized by this title, together with any interest earned on those funds, and any water rights or contracts to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this title shall be returned to the Federal Government, unless otherwise agreed to by the Pueblos and the United States and approved by Congress; and (E) except for Federal funds used to acquire or construct property that is returned to the Federal Government under subparagraph (D), the United States shall be entitled to offset any Federal funds made available to carry out this title that were expended or withdrawn, or any funds made available to carry out this title from other Federal authorized sources, together with any interest accrued on those funds, against any claims against the United States— (i) relating to— (I) water rights in the State asserted by— (aa) the Pueblos; or (bb) any user of the Pueblo Water Rights; or (II) any other matter covered by subsection (b); or (ii) in any future settlement of water rights of the Pueblos. 209. Satisfaction of claims The benefits provided under this title shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Pueblos against the United States that are waived and released by the Pueblos pursuant to section 208(b). 210. Miscellaneous provisions (a) No waiver of sovereign immunity by the United States Nothing in this title waives the sovereign immunity of the United States. (b) Other Tribes not adversely affected Nothing in this title quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian Tribe, band, or community other than the Pueblos. (c) Effect on current law Nothing in this title affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to pre-enforcement review of any Federal environmental enforcement action. (d) Conflict In the event of a conflict between the Agreement and this title, this title shall control. 211. Antideficiency The United States shall not be liable for any failure to carry out any obligation or activity authorized by this title, including any obligation or activity under the Agreement, if adequate appropriations are not provided expressly by Congress to carry out the purposes of this title.

Rio San José and Rio Jemez Water Settlements Act of 2023

Digital Equity Foundation Act of 2023 This bill sets out a process for establishing a foundation to raise funding for, develop programs and partnerships to, and otherwise support efforts to expand access to broadband internet and promote digital literacy, inclusion, and equity. The bill authorizes the foundation to carry out a range of activities to advance its mission, such as awarding grants and establishing for-profit subsidiaries to stimulate economic development and attract investment partners. Specifically, the bill creates a temporary committee with members appointed by the Department of Commerce and other federal departments and agencies to set up the foundation and appoint the initial voting members of its board of directors. Within 90 days of the establishment of the foundation, the board must convene an advisory committee to annually report on and make recommendations concerning the foundation's activities. Additionally, within one year of the bill's enactment (and with input of the advisory committee), the foundation must provide Congress with a strategic plan for its activities during the two-year period following the submission of the plan. The Government Accountability Office (GAO) must evaluate the foundation's activities every five years, and the foundation must provide Commerce and GAO with annual audits.

118 S599 IS: Digital Equity Foundation Act of 2023 U.S. Senate 2023-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 599 IN THE SENATE OF THE UNITED STATES March 1, 2023 Mr. Luján Mrs. Feinstein Ms. Klobuchar Mr. Blumenthal Mr. Heinrich Mr. Markey Mr. Merkley Mr. Durbin Committee on Commerce, Science, and Transportation A BILL To establish the Foundation for Digital Equity, and for other purposes. 1. Short title This Act may be cited as the Digital Equity Foundation Act of 2023 2. Foundation for digital equity (a) Definitions In this section: (1) Assistant secretary The term Assistant Secretary (2) Board The term Board (3) Business incubator The term business incubator 25 U.S.C. 5802 (4) Commission The term Commission (5) Committee The term Committee (6) Community anchor institution; covered populations; digital equity; digital literacy The terms community anchor institution covered populations digital equity digital literacy 47 U.S.C. 1721 (7) Department The term Department (8) Digital inclusion The term digital inclusion (A) means the activities that are necessary to ensure that all individuals in the United States have access to, and the use of, affordable information and communication technologies, such as— (i) reliable fixed and wireless broadband; (ii) internet-enabled devices that meet the needs of the user for telehealth, remote work, remote schooling, or other purposes; and (iii) applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration; and (B) includes— (i) obtaining access to digital literacy training; (ii) the provision of quality technical support; and (iii) obtaining basic awareness of measures to ensure online privacy and cybersecurity. (9) Executive director The term Executive Director (10) Foundation The term Foundation (11) Institution of higher education The term institution of higher education (A) an institution of higher education, as that term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (B) a postsecondary vocational institution, as that term is defined in section 102(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(c) (12) Minority-serving institution The term Minority-serving institution 20 U.S.C. 1067q(a) (13) NTIA The term NTIA (14) Older individual The term older individual 42 U.S.C. 3002 (15) Secretary The term Secretary (16) Small business investment company The term small business investment company 15 U.S.C. 662 (17) Startup The term startup start-up business 42 U.S.C. 6322(f)(5)(C) (18) Tribal Broadband Connectivity Program The term Tribal Broadband Connectivity Program 47 U.S.C. 1305 (b) Committee for the Establishment of the Foundation for Digital Equity (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall establish the Committee for the Establishment of the Foundation for Digital Equity. (2) Members The Committee shall be composed of 5 members— (A) who shall be appointed by the officials described in subsection (d)(2)(B)(i); (B) each of whom shall be a voting member of the Committee; (C) not fewer than 3 of whom shall have broad and general experience in matters relating to digital equity, digital inclusion, or digital literacy; and (D) not less than 1 of whom shall have broad and general experience in working with private nonprofit organizations. (3) Functions The functions of the Committee shall be as follows: (A) To carry out such activities as may be necessary to establish a nonprofit corporation to be known as the Foundation for Digital Equity (i) serving as the incorporators for the Foundation; and (ii) ensuring that the articles of incorporation for the Foundation require that the Foundation is operated in accordance with the requirements of this section. (B) To ensure that the Foundation qualifies for and (during the period in which the Committee is in existence) maintains the status described in subsection (c)(3). (C) To provide for the initial operation of the Foundation, including by ensuring that the Foundation has adequate facilities, equipment, and staff. (D) To appoint initial voting members of the Board who satisfy the requirements under subsection (d)(2)(C) and have such other qualifications as the Committee determines appropriate with respect to those members. (4) Chair The Committee shall, from among the members of the Committee, designate a member of the Committee to serve as Chair of the Committee. (5) Term (A) In general Each member of the Committee shall serve for the duration of the Committee. (B) Vacancies (i) No effect on authority A vacancy in the membership of the Committee shall not affect the authority of the Committee to carry out the functions of the Committee. (ii) Replacement If a member of the Committee does not serve for the duration of the Committee, the individual appointed to fill that vacancy shall be appointed by the ex officio members of the Board for the remainder of the applicable term. (6) Compensation A member of the Committee— (A) shall not receive compensation for service on the Committee; and (B) may be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the functions of the Committee. (7) Termination The Committee shall— (A) complete the functions of the committee described in paragraph (3) not later than 180 days after the date on which the Secretary establishes the Committee under paragraph (1); and (B) terminate on the date that is 30 days after the date on which the Secretary determines that the Committee has completed the functions described in paragraph (3). (c) General principles of the Foundation (1) Mission The mission of the Foundation shall be— (A) to supplement, but not supplant, the work of the NTIA and the Commission in promoting the benefits of technological development in the United States, and of high-capacity, affordable broadband connectivity in particular, for all users of telecommunications and information facilities; (B) to raise, leverage, or match funding from other entities, including philanthropic organizations, the private sector, and State and local governments, to promote digital literacy, digital inclusion, and digital equity for communities with low rates of adoption of broadband; (C) to develop programs and partnerships to— (i) spur greater rates of adoption of broadband among covered populations; (ii) collaborate with State, local, and Tribal governments, Minority-serving institutions, other anchor institutions, and stakeholders in the communications, education, business, and technology fields; (iii) publicize and incentivize the adoption of evidence-based programs; (iv) convene organizations and partnerships with related goals and interests to establish problem-solving processes; (v) strengthen and share best practices relating to— (I) projects promoting digital inclusion, digital literacy, and digital equity; and (II) regional economic development; (vi) support job creation and workforce development; and (vii) support the goals of the Tribal Broadband Connectivity Program; and (D) to promote equitable access to, and the adoption of, broadband technologies and digital applications that support accessibility, telehealth, distance learning, and online access to governmental benefits and services, including by preventing, detecting, and remedying digital discrimination. (2) Limitation The Foundation shall not be an agency or instrumentality of the Federal Government or any State or local government. (3) Tax-exempt status The Board shall take all necessary and appropriate steps to ensure that the Foundation is an organization that is described in section 501(c) (d) Board of directors (1) Establishment The Foundation shall be governed by a Board of Directors. (2) Composition (A) In general The Board shall be composed of the ex officio members described in subparagraph (B) and the appointed voting members described in subparagraph (C). (B) Ex officio members (i) Members The ex officio members of the Board shall be the following individuals (or designees of those individuals): (I) The Secretary. (II) The Assistant Secretary. (III) The Chairman of the Commission. (IV) The Secretary of the Treasury. (V) The Under Secretary of Agriculture for Rural Development. (VI) The Director of the Institute of Museum and Library Services. (ii) Nonvoting members The ex officio members of the Board shall be nonvoting members of the Board. (C) Appointed members (i) Representation The appointed members of the Board shall reflect a broad cross-section of stakeholders from academia, industry, nonprofit and civil rights organizations, community-based practitioners of efforts to promote digital inclusion, State or local governments, local school districts and libraries, other community anchor institutions, and the philanthropic community. (ii) Experience Each appointed member of the Board shall— (I) have— (aa) experience promoting digital equity, digital inclusion, and digital literacy; (bb) experience in the technology sector; (cc) experience in the telecommunications and broadband sector; (dd) direct experience working with covered populations; or (ee) research experience in foundation operations; and (II) to the extent practicable, represent diverse regions, sectors, and the communities corresponding to the covered populations that are the focus of the activities of the Foundation. (3) Chair and vice chair (A) In general The Board shall designate, from among the appointed members of the Board— (i) an individual to serve as Chair of the Board; and (ii) an individual to serve as Vice Chair of the Board. (B) Terms The term of service of the Chair and Vice Chair of the Board shall end on the earlier of— (i) the date that is 3 years after the date on which the Chair or Vice Chair of the Board, as applicable, is designated for the position; and (ii) the last day of the term of service of the member, as determined under paragraph (4)(A), who is designated to be Chair or Vice Chair of the Board, as applicable. (C) Representation The Chair and Vice Chair of the Board— (i) shall not be representatives of the same area of subject matter expertise, or entity, as applicable, under paragraph (2)(C)(ii); and (ii) shall not be representatives of any area of subject matter expertise, or entity, as applicable, represented by the immediately preceding Chair and Vice Chair of the Board. (4) Terms and vacancies (A) Terms (i) In general The term of service of each appointed member of the Board shall be not more than 5 years. (ii) Initial appointed members Of the initial members of the Board appointed under subsection (b)(3)(D), 1/2 1/2 (B) Vacancies Any vacancy in the membership of the appointed members of the Board— (i) shall be filled by a majority vote of the appointed members of the Board in accordance with the bylaws of the Foundation; (ii) shall not affect the power of the remaining appointed members to execute the duties of the Board; and (iii) shall be filled by an individual selected by the Board. (5) Meetings; quorum (A) Initial meeting Not later than 60 days after the date on which all of the members of the Board have been appointed, the Secretary shall convene a meeting of the ex officio and appointed members of the Board to establish the bylaws of the Foundation in accordance with paragraph (7). (B) Quorum A majority of the appointed members of the Board shall constitute a quorum for purposes of conducting the business of the Board. (6) Duties The Board shall— (A) provide overall direction for the activities of the Foundation and establish priority activities; (B) provide guidance to the Executive Director such that the Executive Director may carry out any other necessary activities of the Foundation; (C) evaluate the performance of the Executive Director; and (D) actively solicit and accept funds, gifts, grants, devises, or bequests of real or personal property to the Foundation, including from private entities. (7) Bylaws (A) In general The bylaws established under paragraph (5)(A) may include— (i) policies for the selection of Board members and officers, employees, agents, and contractors of the Foundation; (ii) policies, including ethical standards, for— (I) the acceptance, solicitation, and disposition of donations and grants to the Foundation, including appropriate limits on the ability of donors to designate, by stipulation or restriction, the use or recipient of donated funds; and (II) the disposition of assets of the Foundation; (iii) policies that subject all employees, fellows, trainees, contractors, consultants, and other agents of the Foundation (including ex officio and appointed members of the Board) to conflict of interest standards; and (iv) the specific duties of the Executive Director. (B) Requirements The Board shall ensure that the bylaws of the Foundation and the activities carried out under those bylaws shall not— (i) reflect unfavorably on the ability of the Foundation to carry out activities in a fair and objective manner; or (ii) compromise, or appear to compromise, the integrity of any Federal agency or program, or any officer or employee employed by, or involved in, such an agency or program. (C) Amendments to bylaws The Assistant Secretary, by rule in accordance with section 553 of title 5, United States Code, may abrogate, add to, or modify the bylaws of the Foundation in a manner that the Assistant Secretary determines necessary or appropriate to— (i) ensure the fair administration of the Foundation; (ii) conform those bylaws to other applicable rules issued by the Assistant Secretary; or (iii) otherwise further the purposes of this section. (8) Compensation (A) In general No member of the Board shall receive compensation for serving as a member of the Board. (B) Reimbursement of certain expenses In accordance with the bylaws of the Foundation, members of the Board may be reimbursed for travel expenses, including per diem in lieu of subsistence, and other necessary expenses incurred in carrying out the duties of the Board. (e) Activities (1) Studies, competitions, and projects The Foundation may conduct and support studies, competitions, projects, and other activities that further the mission of the Foundation described in subsection (c)(1). (2) Grants (A) In general The Foundation may award grants for activities relating to digital equity, digital inclusion, or digital literacy. (B) Selection In selecting a recipient for a grant awarded under subparagraph (A), the Foundation— (i) shall make the selection based on the comparative merits of— (I) the proposed project of the potential recipient; (II) the impact of the project described in subclause (I) on promoting digital equity in local communities; and (III) the alignment of the project described in subclause (I) with— (aa) the overall goals of the Foundation relating to diversity on the basis of geography; (bb) the type of need addressed by the project; and (cc) other factors specified in the strategic plan and grant guidelines of the Foundation; and (ii) may consult with a potential recipient regarding the ability of the potential recipient to carry out various projects that would further the mission of the Foundation described in subsection (c)(1). (3) Accessing facilities and expertise The Foundation may work with the Secretary and the Commission— (A) to leverage the capabilities and facilities of the Department and the Commission; and (B) to assist with resources, including by providing information on assets of the Department and the Commission that may enable the promotion of digital equity, digital inclusion, or digital literacy. (4) Training and education The Foundation may support programs that provide training to researchers, scientists, and other relevant personnel at the Department, the Commission, and institutions of higher education to help promote digital equity, digital inclusion, and digital literacy. (5) Stakeholder engagement The Foundation shall convene, and may consult with, representatives from the Department, the Commission, institutions of higher education, the private sector, public interest stakeholders, and commercialization organizations to develop programs for the mission of the Foundation described in subsection (c)(1) and to advance the activities of the Foundation. (6) For-profit subsidiaries (A) In general The Foundation may establish 1 or more for-profit subsidiaries, including an impact investment fund— (i) to stimulate economic development activities relating to the mission of the Foundation described in subsection (c)(1); and (ii) to attract for-profit investment partners for digital equity, digital inclusion, and digital literacy activities. (B) Authorities of the for-profit subsidiary A for-profit subsidiary established under subparagraph (A) may— (i) enter into a partnership with an economic development corporation, including a business incubator or a small business investment company; (ii) pay for the cost of building and administering a facility, including a business incubator, to support the activities of the Foundation described in this subsection; and (iii) provide funding to a startup. (7) Supplemental programs The Foundation may carry out supplemental programs— (A) to conduct and support forums, meetings, conferences, courses, and training workshops consistent with the mission of the Foundation described in subsection (c)(1); (B) to support and encourage the understanding and development of— (i) data collection that provides clarity with respect to inequities and community needs in order to promote digital equity, digital inclusion, and digital literacy; and (ii) policies that make regulation more effective and efficient by leveraging the data collection efforts described in clause (i) for the regulation of relevant technology sectors; (C) for writing, editing, printing, publishing, and selling books and other materials relating to efforts carried out by the Foundation, the Department, or the Commission; and (D) to conduct other activities to carry out and support the mission of the Foundation described in subsection (c)(1). (8) Evaluations The Foundation shall support the development of an evaluation methodology, to be used as part of any program supported by the Foundation, that shall— (A) consist of qualitative and quantitative metrics; (B) include periodic third party evaluation of the programs and other activities of the Foundation; and (C) be made publicly available. (9) Communications The Foundation shall develop an expertise in communications to— (A) disseminate awareness of funding opportunities among community-based organizations that serve covered populations; and (B) promote the work of grant recipients under paragraph (2), the successes of the Foundation, opportunities for partnership with the Foundation, and other activities. (10) Tribal Broadband Connectivity Grants The Foundation may support a grant made under the Tribal Broadband Connectivity Program if there are not adequate appropriations to support such a grant. (f) Administration (1) Executive director The Board shall appoint an Executive Director of the Foundation, who shall serve at the pleasure of the Board. (2) Administrative control No member of the Board, any officer or employee of the Foundation, any officer or employee of any program established by the Foundation, or any participant in a program established by the Foundation may exercise administrative control over any Federal employee. (3) Strategic plan Not later than 1 year after the date of enactment of this Act, the Foundation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a strategic plan that, incorporating the input of the community advisory committee convened under subsection (g)(1), contains— (A) a description of the initial focus areas of, and primary purposes for, each program, grant, or award opportunity that the Foundation plans to implement during the 2-year period beginning on the date on which the strategic plan is submitted; (B) a description of the efforts that the Foundation will take to be transparent in the processes of the Foundation, including processes relating to— (i) grant awards, including selection, review, and notification with respect to those awards; and (ii) communication of past, current, and future digital equity priorities; (C) a description of the financial goals and benchmarks of the Foundation for the 10-year period beginning on the date on which the report is submitted; and (D) a description of the efforts undertaken by the Foundation to ensure maximum complementarity and minimum redundancy with investments made by the Secretary and the Commission. (4) Recurring report Not later than 1 year after the date on which the Foundation is established, and once every 2 years thereafter, the Foundation shall make publicly available, and shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Commerce and Energy of the House of Representatives, and the Secretary, a report that, for the period covered by the report— (A) describes the activities of the Foundation and the progress of the Foundation in furthering the mission of the Foundation described in subsection (c)(1); (B) provides a specific accounting of the source and use of all funds made available to the Foundation to carry out the activities described in subparagraph (A) to ensure transparency in the alignment of the missions of the Department and the Commission; and (C) includes a summary of each evaluation regarding the decision to award a grant, as determined in accordance with the requirements of subsection (e)(2)(B). (5) Evaluation by comptroller general Not later than 5 years after the date on which the Foundation is established, and once every 5 years thereafter, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives— (A) an evaluation of— (i) the extent to which the Foundation is achieving the mission of the Foundation; and (ii) the operation of the Foundation; and (B) any recommendations regarding how the Foundation may be improved. (6) Audits The Foundation shall— (A) provide for annual audits of the condition of the Foundation; and (B) make the audits, and all other records, documents, and papers of the Foundation, available to the Secretary and the Comptroller General of the United States for examination or audit. (7) Integrity (A) In general To ensure integrity in the operations of the Foundation, the Board shall develop and enforce procedures relating to standards of conduct, financial disclosure statements, conflicts of interest (including recusal and waiver rules), audits, and any other matters determined appropriate by the Board. (B) Financial conflicts of interest An individual who is an officer, employee, or member of the Board may not participate in deliberations by the Foundation regarding a matter that would directly or predictably affect any financial interest of— (i) the individual; (ii) a relative (as defined in section 109 (iii) a business organization or other entity in which the individual has an interest, including an organization or other entity with which the individual is negotiating employment. (8) Intellectual property The Board shall adopt written standards to govern the ownership and licensing of any intellectual property rights— (A) developed by the Foundation through activities funded by a for-profit subsidiary established under subsection (e)(6); or (B) otherwise derived from the collaborative efforts of the Foundation. (9) Liability (A) In general The United States shall not be liable for any debt, default, act, or omission of— (i) the Foundation; or (ii) a Federal entity with respect to an agreement of that Federal entity with the Foundation. (B) Full faith and credit The full faith and credit of the United States shall not extend to any obligations of the Foundation. (10) Nonapplicability of faca The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Foundation. (g) Community advisory committee and report (1) Composition (A) In general Not later 90 days after the date on which the Foundation is established, the Board shall convene an advisory committee comprised of community members from covered populations and experts with experience providing essential products and service to covered populations. (B) Stakeholders represented To the extent practicable, the Board shall ensure that members appointed to the advisory committee under subparagraph (A) represent diverse regions, sectors, and communities, including not less than 1 member who is affiliated with, or has experience working with, all of the following: (i) Digital inclusion practitioners. (ii) Rural-focused programs. (iii) Members of Indigenous communities. (iv) Civil rights advocates. (v) Consumer advocates. (vi) Libraries. (vii) School systems or education technology specialists. (viii) Accessibility advocates or experts. (ix) Retired or older individuals. (x) Private sector internet service providers. (xi) Other relevant groups with experience addressing the access, adoption, and affordability of broadband services. (2) Annual report Not later than 2 years after the date on which the Foundation is established, and annually thereafter, the Board shall direct the community advisory committee convened under paragraph (1) to submit to the Board a written report that includes recommended changes, if any, to the Foundation and any other matter the Board considers appropriate. (3) Reimbursement for certain expenses In accordance with the bylaws of the Foundation, members of the community advisory committee convened under paragraph (1) may be reimbursed for travel expenses, including per diem in lieu of subsistence, and other necessary expenses incurred in carrying out the functions of that advisory committee. (h) Support services The Secretary shall provide facilities, utilities, and support services to the Foundation if the Secretary determines that the provision of those items is advantageous to the programs of the Department. (i) Anti-Deficiency act Section 1341(a)(1) of title 31, United States Code (commonly referred to as the Anti-Deficiency Act (j) No preemption of authority This section shall not preempt any authority or responsibility of the Secretary under any other provision of law. (k) Transfer funds The Foundation may transfer funds to the Department, which shall be subject to all applicable Federal limitations relating to federally funded research. (l) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary— (1) to the Secretary for fiscal year 2023 to establish the Committee; (2) to the Foundation for fiscal year 2024 to carry out the activities of the Foundation; and (3) to the Foundation for fiscal year 2025, and each fiscal year thereafter, for administrative and operational costs.

Digital Equity Foundation Act of 2023

Education Savings Accounts for Military Families Act of 2023 This bill directs the Department of Education (ED) to establish a program to provide children with parents on active duty in the uniformed services with funds to pay educational expenses. Specifically, ED must establish a tax-exempt Military Education Savings Account for dependent children of parents in the uniformed services for the payment of the children's educational expenses. Funds in the savings account may be used for specified purposes, including the cost of attendance at a private elementary or secondary school or institution of higher education, private tutoring, or costs associated with an apprenticeship or other vocational training program.

118 S60 IS: Education Savings Accounts for Military Families 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. 60 IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Cruz Mr. Scott of South Carolina Mr. Braun Committee on Finance A BILL To amend the Elementary and Secondary Education Act of 1965 to allow parents of eligible military dependent children to establish Military Education Savings Accounts, and for other purposes. 1. Short title This Act may be cited as the Education Savings Accounts for Military Families Act of 2023 2. Military education savings accounts (a) In general Title VII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7701 et seq. 7012A. Military education savings accounts (a) In general The Secretary of Education, in consultation with the Secretary of Defense, shall carry out a program under which the Secretary of Education shall— (1) at the request of a parent of an eligible military dependent child, establish an account on behalf of such child (to be known as a Military Education Savings Account (2) establish a procedure under which the parent of the child may use funds in the account to pay for the educational expenses of the child in accordance with this section. (b) Application (1) In general To be eligible to participate in the program under this section for a school year, a parent of an eligible military dependent child shall submit an application to the Secretary in accordance with this subsection. (2) Application process In carrying out paragraph (1), the Secretary shall— (A) accept applications on a year-round basis and establish procedures for approving applications in an expeditious manner; and (B) create a standardized form that parents can use to apply for the program and ensure that such form is readily available in written and electronic formats, including on a publicly accessible website. (3) Approval Subject to the availability of funds to carry out this section, the Secretary shall approve the application of a parent to establish a Military Education Savings Account if— (A) the application is submitted in accordance with the application process established by the Secretary pursuant to this subsection; (B) the application demonstrates that the child on whose behalf the Military Education Savings Account is to be established is an eligible military dependent child; and (C) the parent who submits the application enters into a written agreement with the Secretary under which the parent agrees— (i) to provide the child with instruction in, at minimum, the fields of reading, language, mathematics, science, and social studies; (ii) to not enroll the child in a public elementary school or a public secondary school, on a full-time basis while participating in the program; (iii) to use funds in the Military Education Savings Account only for the purposes authorized under this section; and (iv) to comply with all other requirements of this section. (4) Renewals The Secretary shall establish a process for the automatic renewal of a previously established Military Education Savings Account except in cases in which— (A) the parents of the child on whose behalf the account was established choose not to renew the account; or (B) the account was used to commit fraud or was otherwise not used in accordance with the requirements of this section. (c) Priority in the event of insufficient funds (1) In general If the funds appropriated to carry out this section are insufficient to enable the Secretary to establish and fully fund a Military Education Savings Account for each eligible military dependent child whose parent has an application approved under subsection (b) for a school year, the Secretary shall— (A) first renew and fully fund previously established Military Education Savings Accounts; and (B) if funds remain available after renewing all accounts under subparagraph (A), conduct the lottery described in paragraph (3) to select the children on whose behalf accounts will be established using the remaining funds. (2) Transfer authority Notwithstanding any other provision of law, the Secretary may transfer amounts from any account of the Department of Education to renew and fully fund previously established Military Education Savings Accounts under paragraph (1)(A). The authority to transfer amounts under the preceding sentence shall not be subject to any transfer or reprogramming requirements under any other provision of law. (3) Lottery The lottery described in this paragraph is a lottery in which— (A) siblings of children on whose behalf Military Education Savings Accounts have previously been established have the highest probability of selection; (B) children of enlisted members have the next-highest probability of selection after the children described in subparagraph (A); (C) children of warrant officers have the next-highest probability of selection after the children described in subparagraph (B); and (D) children of commissioned officers have the lowest probability of selection. (d) Amount of deposits (1) First year of program The amount of funds deposited into each Military Education Savings Account for the first school year for which such accounts are established under this section shall be $6,000 for each eligible military dependent child covered by the account. (2) Subsequent years The amount of funds deposited into each Military Education Savings Account for any school year after the year described in paragraph (1), shall be the amount determined under this subsection for the previous school year increased by a percentage equal to the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the period of such previous school year. (e) Use of funds Funds deposited into a Military Education Savings Account for a school year may be used by the parent of an eligible military dependent child to make payments to a qualified educational service provider that is approved by the Secretary under subsection (f)(1) for— (1) costs of attendance at a private elementary school or secondary school recognized by the State, which may include a private school that has a religious mission; (2) private online learning programs; (3) private tutoring; (4) services provided by a public elementary school or secondary school attended by the child on a less than full-time basis, including individual classes and extracurricular activities and programs; (5) textbooks, curriculum programs, or other instructional materials, including any supplemental materials required by a curriculum program, private school, private online learning program, or a public school, or any parent directed curriculum associated with K–12 education; (6) computer hardware or other technological devices that are used to help meet a child’s educational needs, except that such hardware or devices may not be purchased by a parent more than once in an 18-month period; (7) educational software and applications; (8) uniforms purchased from or through a private school recognized by the State; (9) fees for nationally standardized assessment exams, advanced placement exams, any exams related to college or university admission, or tuition or fees for preparatory courses for such exams; (10) fees for summer education programs and specialized after-school education programs (but not including after-school childcare); (11) educational services and therapies, including occupational, behavioral, physical, speech-language, and audiology therapies; (12) fees for transportation paid to a fee-for-service transportation provider for the child to travel to and from the facilities of a qualified educational service provider; (13) costs of attendance at an institution of higher education; (14) costs associated with an apprenticeship or other vocational training program; (15) fees for state-recognized industry certification exams, and tuition or fees for preparatory courses for such exams; (16) contributions to a college savings account, which may include contributions to a qualified tuition program (as defined in section 529(b)(1)(A) (17) any other educational expenses approved by the Secretary. (f) Requirements for qualified educational service providers (1) Registration and approval The Secretary shall establish and maintain a registry of qualified educational service providers that are approved to receive payments from a Military Education Savings Account. The Secretary shall approve a qualified educational service provider to receive such payments if the provider demonstrates to the Secretary that it is licensed in the State in which it operates to provide one or more of the services for which funds may be expended under subsection (e). (2) Participation in online marketplace As a condition of receiving funds from a Military Education Savings Account, a qualified educational service provider shall make its services available for purchase through the online marketplace described in subsection (g). (3) Surety bond (A) In general The Secretary shall require each qualified educational service provider that receives $100,000 or more in funds from Military Education Savings Accounts in a school year to post a surety bond, in an amount determined by the Secretary, for such school year. (B) Retention The Secretary shall prescribe the circumstances under which a surety bond under subparagraph (A) may be retained by the Secretary. (g) Online marketplace (1) In general The Secretary shall seek to enter into a contract with a private-sector entity under which the entity shall— (A) establish and operate an online marketplace that enables the holder of a Military Education Savings Account to make direct purchases from qualified educational service providers using funds from such account; (B) ensure that each qualified educational service provider on the registry maintained by the Secretary under subsection (f)(1) has made its services available for purchase through the online marketplace; (C) ensure that all purchases made through the online marketplace are for services that are allowable uses of funds under subsection (e); and (D) develop and make available a standardized expense report form, in electronic and hard copy formats, to be used by parents for reporting expenses in accordance with subsection (h)(3). (2) Rule of construction Nothing in this subsection shall be construed to require the holder of a Military Education Savings Account to make purchases using the online marketplace described in paragraph (1). (h) Transfer schedule (1) In general Subject to paragraph (2), the Secretary shall make quarterly transfers of the amount calculated pursuant to subsection (d) for deposit into the account of each eligible military dependent child, except that the Secretary may make transfers according to another transfer schedule if the Secretary determines that a transfer schedule other than quarterly transfers is necessary for the operation of the education savings account. (2) Choice of schedule The Secretary shall establish a process under which the parent of a child on whose behalf a Military Education Savings Account is established may choose a transfer schedule other than a transfer schedule determined under paragraph (1). (3) Expense reports (A) Submission required Before receiving a transfer under paragraph (1) or (2), the parent of an eligible military dependent child on whose behalf a Military Education Savings Account is established shall submit to the Secretary an expense report demonstrating how funds from the most recent transfer were expended. (B) Format Each such expense report shall be submitted using the standardized expense report form developed under subsection (g)(1)(D). (i) Rollover Amounts remaining in the Military Education Savings Account of an eligible military dependent child at the end of a school year shall remain available for use in accordance with subsection (e) until the date on which such account terminates under subsection (j). (j) Termination and Return of funds (1) Termination The Military Education Savings Account of an eligible military dependent child shall terminate on— (A) the date on which the child enrolls in a public elementary school or secondary school on a full-time basis; (B) in the case of a child who is pursuing postsecondary education, the earlier of— (i) the date on which the child completes postsecondary education; or (ii) the date on which the child attains the age of 22 years; (C) in the case of a child who is an individual with a disability, the date on which the child attains the age of 26 years; or (D) in the case of an individual not described in subparagraph (B) or (C), the earlier of— (i) the date on which the child attains the age of 22 years; or (ii) the expiration of any 2-year period during which funds in the account are not used in accordance with this section. (2) Return of funds Any funds remaining in a Military Education Savings Account on the date such account terminates under paragraph (1) shall be returned to the Treasury of the United States and shall be used to carry out the program under this section. (k) Compulsory attendance requirements A State that receives funds under this title shall consider a child with a Military Education Savings Account for a school year as meeting the State’s compulsory school attendance requirements for such school year. (l) Special rule In the case of a child with a Military Education Savings Account who attends a public school on a less than full-time basis in a school year— (1) the child may not attend the public school free of charge; and (2) funds in the account, in an amount determined pursuant to an agreement between the parent of the child and the local educational agency concerned, shall be used to pay for the child’s costs of attendance at such school. (m) Tax treatment of accounts (1) In general A Military Education Savings Account is exempt from taxation under subtitle A of the Internal Revenue Code of 1986. (2) Contributions and distributions For purposes of subtitle A of the Internal Revenue Code of 1986— (A) any contribution to a military education savings account by the Secretary under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual; and (B) any distribution from a military education savings account which is permitted under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual. (n) Fraud prevention and reporting The Secretary shall establish a website and a telephone hotline that enable individuals to anonymously report suspected fraud in the program under this section. The Secretary also shall conduct or contract for random, quarterly, or annual audits of accounts as needed to ensure compliance with this section. (o) Contract authority The Secretary may enter into one or more contracts for the purpose of carrying out the responsibilities of the Secretary under this section. (p) Refunds The Secretary shall establish a process under which payments from a Military Education Savings Accounts to a qualified educational service provider shall be refunded to the account in the event of fraud or nonperformance by the provider. (q) Rules of construction (1) Nonagency A qualified educational service provider that receives a payment from a Military Education Savings Account pursuant to this section shall not be considered an agent of the State or the Federal Government solely because the provider received such payment. (2) Prohibition of Federal or State supervision or control over nonpublic education providers (A) In general Nothing in this section shall be construed to permit, allow, encourage, or authorize any Federal or State control or supervision over any aspect of any qualified educational service provider, including a private, religious, or home education provider (without regard to whether a home education provider is treated as a private school or home school under State law). This section shall not be construed to exclude private, religious, or home education providers from participation in programs or services under this Act. (B) No religion-based discrimination The Secretary shall not exclude, discriminate against, or otherwise disadvantage any qualified educational service provider with respect to programs or services under this section based in whole or in part on the provider’s religious education character or affiliation, including religiously based or mission-based policies or practices. (3) Imposition of additional requirements No Federal requirements shall apply to a qualified educational service provider other than the requirements specifically set forth in this section. Nothing in this section shall be construed to require a qualified educational service provider to alter its creed, practices, admissions policy, or curriculum in order to be eligible to receive payments from a Military Education Savings Account. (4) Treatment of assistance For purposes of any Federal law, assistance provided under this section shall be considered assistance to the eligible military dependent child or to the parents of a child on whose behalf a Military Education Savings Account is established and shall not be considered assistance to the qualified educational service provider that uses or receives funds from a Military Education Savings Account. (r) Legal proceedings (1) Burden In any legal proceeding in which a qualified educational service provider challenges a requirement imposed by the Department of Education on the provider, the Department shall have the burden of establishing that the requirement is necessary and does not impose any undue burden on the provider. (2) Limitation on liability (A) In general No liability shall arise on the part of an entity described in subparagraph (B) solely because such entity awards, uses, or receives funds from a Military Education Savings Account. (B) Entity described The entities described in this subparagraph are the following: (i) The Department of Education. (ii) An entity that enters into a contract with the Secretary pursuant to subsection (g) or subsection (o). (iii) A qualified educational service provider. (3) Intervention (A) In general Except as provided in subparagraph (B), a parent of an eligible military dependent child or a parent of a child on whose behalf a Military Education Savings Account is established may intervene in any legal proceeding in which the constitutionality of the program under this section is challenged under a State constitution or the United States Constitution. (B) Exception For purposes of judicial administration, a court may— (i) limit the number of parents allowed to intervene in a proceeding under subparagraph (A); or (ii) require all parents who have intervened in a proceeding under subparagraph (A) to file a joint brief, except that no parent shall be required to join any brief filed on behalf of a State that is a defendant in the proceeding. (s) Administrative expenses The Secretary may use not more than 5 percent of the funds made available to carry out this section for the direct costs of administering Military Education Savings Accounts. (t) Definitions In this section: (1) The terms commissioned officer enlisted member warrant officer (2) The term eligible military dependent child (A) has a parent on active duty in the uniformed services (as that term is defined in section 101 of title 37, United States Code, except that such term does not include an officer in the National Guard who has been activated); and (B) in the case of a child seeking to establish a Military Education Savings account for the first time, was enrolled in a public elementary school or a public secondary school for not less than 100 consecutive days in the preceding school year. (3) The term institution of higher education 20 U.S.C. 1002 (4) The term qualified educational service provider (A) a private school; (B) a non-public online learning program or course provider; (C) an institution of higher education, which may include a community college or a technical college; (D) a public school; (E) a private tutor or entity that operates a tutoring facility; (F) a provider of educational materials or curriculum; (G) a provider of education-related therapies or services; or (H) any other provider of educational services licensed by a State to provide such services. . (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act is amended by inserting after the item relating to section 7012 the following: Sec. 7012A. Military education savings accounts. . 3. Authorization of appropriations Section 7014 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7714 (f) Military education savings accounts For the purpose of carrying out section 7012A— (1) there are authorized to be appropriated $1,200,000,000 for fiscal year 2024; and (2) for each fiscal year beginning after fiscal year 2024, the amount authorized to be appropriated shall be the amount authorized to be appropriated for the previous fiscal year increased by the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the period of such previous fiscal year. .

Education Savings Accounts for Military Families Act of 2023

Flood Insurance Affordability Act This bill lowers the annual limit on National Flood Insurance Program (NFIP) premium increases applicable to primary residences from 18% to 9%.

118 S2852 IS: Flood Insurance Affordability Act U.S. Senate 2023-09-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2852 IN THE SENATE OF THE UNITED STATES September 19, 2023 Mr. Scott of Florida Committee on Banking, Housing, and Urban Affairs A BILL To establish a grace period for nonpayment of premiums for flood insurance coverage under the national flood insurance program until the Administrator of the Federal Emergency Management Agency implements the option for monthly payment of such premiums, and for other purposes. 1. Short title This Act may be cited as the Flood Insurance Affordability Act 2. Grace period for flood insurance coverage (a) Authority To suspend premium payments During the period that begins on the date of enactment of this Act and ends 30 days after the date on which the Administrator of the Federal Emergency Management Agency first makes available to policyholders of flood insurance coverage under the national flood insurance program a monthly premium payment option for flood insurance coverage in compliance with section 1308(g) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(g) (b) Recoupment of unpaid premium amounts The Administrator of the Federal Emergency Management Agency shall provide that, after the expiration of the period referred to in subsection (a), there shall be assessed on each policyholder who elects to pay flood insurance coverage premiums on a monthly basis pursuant to section 1308(g) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(g) (c) Other grace periods The grace period under subsection (a) for nonpayment of premiums shall be in addition to any other grace period provided for under a policy for flood insurance coverage under the national flood insurance program. 3. Prohibition on fees associated with monthly payments Section 1308(g) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(g) annually or monthly. annually or monthly, and may not apply any fee or additional charge with respect to a policyholder who chooses to make monthly payments compared to a policyholder who chooses to make payments annually.

Flood Insurance Affordability Act

Risk Rating 2.0 Transparency Act This bill requires the Federal Emergency Management Agency (FEMA) to release specified information regarding the National Flood Insurance Program's new Risk Rating 2.0. Risk Rating 2.0 went into effect on October 1, 2021, for new policies and on April 1, 2022, for existing policies. It bases premium rates on an individual property's specific flood risk instead of the flood risk of a general location and property type. Under the bill, FEMA must publish all data and methods used to calculate premium rates under Risk Rating 2.0, create an online database where policyholders can see premium rates for their property using specified calculations, and publish an assessment of the economic and social impacts of Risk Rating 2.0.

106 S602 IS: Risk Rating 2.0 Transparency Act U.S. Senate 2023-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 602 IN THE SENATE OF THE UNITED STATES March 1, 2023 Mr. Kennedy Mrs. Hyde-Smith Committee on Banking, Housing, and Urban Affairs A BILL To require the Administrator of the Federal Emergency Management Agency to take certain actions relating to the National Flood Insurance Program, and for other purposes. 1. Short title This Act may be cited as the Risk Rating 2.0 Transparency Act 2. Transparency requirements (a) Definitions In this section— (1) the term Administrator (2) the term National Flood Insurance Program 42 U.S.C. 4001 et seq. (b) Required actions Not later than 1 year after the date of enactment of this Act, the Administrator shall complete each of the following actions: (1) Make available to the public all data and methods used to prescribe chargeable premium rates for types and classes of properties for which insurance coverage is available under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. chargeable premium rates (2) Create an online database that is available to policyholders under the National Flood Insurance Program that provides each such policyholder with information regarding what the chargeable premium rate for the applicable property of the policyholder would be— (A) under Risk Rating 2.0, or any substantially similar methodology; and (B) assuming that the limitation under section 1308(e) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(e) (3) Complete and publish a comprehensive assessment of the economic and social impacts of implementing Risk Rating 2.0 (or any substantially similar methodology) during the 20-year period beginning in the year in which the assessment is made, which shall include an evaluation of the effect that such implementation will have, during that 20-year period, on— (A) the affordability and availability of flood insurance under the National Flood Insurance Program; (B) property values; and (C) non-Federal Government revenues. (4) Supplement (and revise, as appropriate) the Record of Decision for the final nationwide programmatic environmental impact statement evaluating the environmental impacts of proposed modifications to the National Flood Insurance Program (83 Fed. Reg. 24328) to include the impacts of implementing Risk Rating 2.0, or any substantially similar methodology. (5) Demonstrate that the data and methods used to prescribe chargeable premium rates under Risk Rating 2.0, or any substantially similar methodology, satisfy the requirements under section 515 of the Consolidated Appropriations Act, 2001 ( Public Law 106–554 (6) Conduct public notice and comment rulemaking under chapter 5 (A) disputes over chargeable premium rates; and (B) other factors with respect to the implementation of that methodology. (7) For each county in the United States, publish the distribution of chargeable premium rates showing the median, mean, lower and upper quartiles, maximum amount, and minimum amount of chargeable premium rates under each of the following: (A) The method used to prescribe chargeable premium rates, as of September 30, 2021. (B) The methodology projected to be used to prescribe chargeable premium rates, as of April 1, 2022, assuming that the limitations under section 1308(e) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(e) (C) The methodology described in subparagraph (B), assuming that the limitations described in that subparagraph are not applied. (D) The methodology described in subparagraph (B), assuming that— (i) the limitations described in that subparagraph are applied; and (ii) the administrative costs of the National Flood Insurance Program are allocated on a uniform, per contract basis rather than as allocated under Risk Rating 2.0, or any substantially similar methodology. (E) The methodology described in subparagraph (B), assuming that— (i) the limitations described in that subparagraph are not applied; and (ii) the administrative costs of the National Flood Insurance Program are allocated on a uniform, per contract basis rather than as allocated under Risk Rating 2.0, or any substantially similar methodology. (8) Submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report detailing the satisfaction of the requirements under paragraphs (1) through (7).

Risk Rating 2.0 Transparency Act

Deerfield River Wild and Scenic River Study Act of 2023 This bill designates the Deerfield River in Massachusetts and Vermont for potential addition to the national wild and scenic rivers system.

118 S608 IS: Deerfield River Wild and Scenic River Study Act of 2023 U.S. Senate 2023-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 608 IN THE SENATE OF THE UNITED STATES March 1, 2023 Mr. Markey Ms. Warren Mr. Sanders Mr. Welch Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act to direct the Secretary of the Interior to conduct a study of the Deerfield River 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 Deerfield River Wild and Scenic River Study Act of 2023 2. Designation for study; Report Section 5 of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276 (1) in subsection (a), by adding at the end the following: (147) Deerfield River, Massachusetts and Vermont The entire river, including— (A) the North, South, East, and West Branches of the Deerfield River; and (B) the major tributaries of the Deerfield River, including the Green River, North River, South River, Clesson Brook, Chickley River, Cold River, Gulf Brook, Bog Brook, and Dunbar Brook. ; and (2) in subsection (b), by adding at the end the following: (24) Deerfield River, Massachusetts and 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 described in subsection (a)(147); and (B) submit to the appropriate committees of Congress a report describing the results of such study. .

Deerfield River Wild and Scenic River Study Act of 2023

Necessary Entrepreneurship Workshops via the SBA to Transform and Assist Re-entry Training Act of 2023 or the NEW START Act of 2023 This bill establishes a pilot program for providing entrepreneurial development assistance to formerly incarcerated individuals. Specifically, the bill requires the Small Business Administration to establish a pilot program whereby it awards grants to organizations or partnerships that create or support entrepreneurship programs for providing assistance to formerly incarcerated individuals. Such assistance shall be in the form of entrepreneurial development programming that may include the disbursement of microloans. The Government Accountability Office must submit a report evaluating the (1) services that grant recipients provide to formerly incarcerated individuals, (2) oversight of the pilot program by the SBA, and (3) overall performance and impacts of the pilot program.

118 S609 IS: Necessary Entrepreneurship Workshops via the SBA to Transform and Assist Re-entry Training Act of 2023 U.S. Senate 2023-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 609 IN THE SENATE OF THE UNITED STATES March 1, 2023 Mr. Cardin Committee on Small Business and Entrepreneurship A BILL To establish a pilot program awarding competitive grants to organizations administering entrepreneurial development programming to formerly incarcerated individuals, and other purposes. 1. Short title This Act may be cited as the Necessary Entrepreneurship Workshops via the SBA to Transform and Assist Re-entry Training Act of 2023 NEW START Act of 2023 2. Findings Congress finds that— (1) according to the Department of Justice, every year, over 600,000 individuals are released from prison and return home to their communities, and almost 77 percent of those individuals will reoffend within 5 years; (2) according to the Brookings Institution, an estimated 48.5 percent of formerly incarcerated individuals will remain unemployed or earn a negligible income for a period of 1 year post-incarceration, increasing the risk for recidivism; (3) according to the Florida State University Institute for Justice Research and Development, formerly incarcerated individuals see a reduction in earnings of 25 percent since criminal records make it difficult to find stable employment; (4) self-employment can provide economic stability for those who are otherwise locked out of the labor market; and (5) according to a paper entitled Entrepreneurship as a Response to Labor Market Discrimination for Formerly Incarcerated People (A) the average individual without a criminal record has a 7.09 percent likelihood of becoming an entrepreneur, but justice-impacted individuals were found to be more than 50 percent likely to choose entrepreneurship with a 12.69 percent likelihood of becoming an entrepreneur; (B) entrepreneurship reduces the likelihood of recidivism by 5.3 percent, which was a 32.5 percent decrease from average recidivism rates for regular employees who have been previously incarcerated; and (C) formerly incarcerated individuals who choose entrepreneurship make $2,700 more annually than formerly incarcerated employees and that the income gap between formerly incarcerated entrepreneurs and entrepreneurs with no criminal record was 38 percent lower than the income gap between formerly incarcerated employees and employees with no criminal record. 3. Pilot program (a) Definitions In this Act— (1) the terms Administration Administrator (2) the term appropriate committees of Congress (A) the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Small Business of the House of Representatives; (3) the term covered individual (A) completed a term of imprisonment in Federal, State, or local jail or prison; and (B) meets the offense eligibility requirements set forth in any applicable policy notice or other guidance issued by the Small Business Administration for the program established under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) (4) the terms intermediary microloan 15 U.S.C. 636(m)(11) (5) the term microloan intermediary 15 U.S.C. 636(m) (6) the term pilot program (7) the term small business development center 15 U.S.C. 632 (b) Establishment Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a pilot program to award grants to organizations over a 5-year period to create or support existing entrepreneurship development programs to provide assistance to covered individuals. (c) Grant requirements The Administrator shall— (1) award grants under the pilot program to organizations, or partnerships of organizations, which shall each receive a grant in an amount greater than $100,000 and less than $500,000 annually over the 5-year period in which the pilot program is in existence; and (2) allocate grants under the pilot program to ensure that the recipients are geographically varied throughout the United States. (d) Partnerships An applicant for a grant under the pilot program may form partnerships with other organizations for the purposes of the application submitted under subsection (e) and for conducting entrepreneurial development programming. (e) Application (1) In general An organization or partnership of organizations desiring a grant under the pilot program shall submit an application to the Administrator in such form, in such manner, and containing such information as the Administrator may reasonably require. (2) Contents An application submitted under paragraph (1) shall— (A) demonstrate that the applicant is a microloan intemediary or an organization that administers the Community Advantage Pilot Program of the Administration, or has a partnership with such an intermediary or organization, that may provide microloans to qualified covered individuals, or, to the extent that the applicant is a national organization in multiple different markets, that a separate microloan intermediary may be used in each such market; (B) demonstrate strong community ties, including those with the covered individual community, local businesses, and political leaders; (C) demonstrate an ability to provide a full range of entrepreneurial development programming on an ongoing basis; (D) include a plan for reaching covered individuals, including by identifying particular target populations within the community; (E) clearly define entrepreneurial development capabilities, including coordination with existing local resource partners of the Administration for additional training as necessary; (F) present an entrepreneurship development curriculum, which may be a nationally recognized model or based upon such a model; (G) include a list of each partner organization; and (H) include a comprehensive plan for the use of grant funds, including estimates for administrative and outreach costs of running and evaluating the entrepreneurship development program. (f) Priority In determining whether to award a grant under the pilot program, the Administrator may give priority to applicants based on— (1) whether the application includes a commitment from an existing or new non-Federal funding source to meet the matching requirement under subsection (g); (2) whether the application takes into account local economies and markets as a part of the educational component of the entrepreneurship development program; (3) the ability or plan of the applicant to provide entrepreneurial development services concurrent with employment or job training services; and (4) whether the applicant has a history of effectively providing entrepreneurial training or access to capital to covered individuals. (g) Matching requirement (1) In general As a condition of a grant provided under the pilot program, the Administrator shall require the recipient of the grant to contribute an amount equal to 25 percent of the amount of the grant, obtained solely from existing or new non-Federal sources. (2) Form In addition to cash or other direct funding, the contribution required under paragraph (1) may include indirect costs or in-kind contributions paid for under non-Federal programs. (h) Responsibilities A recipient of a grant under the pilot program shall, to the maximum extent possible, connect covered individuals to a range of Federal resources, including— (1) the program established under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) (2) the Community Advantage Pilot Program of the Administration; (3) small business development centers; (4) women’s business centers described in section 29 of the Small Business Act ( 15 U.S.C. 656 (5) chapters of the Service Corps of Retired Executives established under section 8(b)(1)(B) of the Small Business Act (( 15 U.S.C. 637(b)(1)(B) (6) Veteran Business Outreach Centers described in section 32 of the Small Business Act ( 15 U.S.C. 657b (7) business centers established by the Minority Business Development Agency. (i) Reports (1) In general Not later than 1 year after the date on which the Administrator establishes the pilot program, and every year thereafter until the pilot program terminates, the Administrator shall submit to Congress a report on the activities of the pilot program, including— (A) a list of each grantee organization and each partner organization; (B) the characteristics of covered individuals assisted under the entrepreneurship development programs, including race and ethnicity, gender, age, marital status, parental status, employment status, income, banking and credit history, and prior business experience; (C) the participation and attendance rates for all components of the entrepreneurship development programs; (D) the program retention rate; (E) to the greatest extent practicable, the most common reasons why participants do not complete the program; (F) the percentage of participants who remain non-justice involved during the calendar year of the program; (G) the level of the covered individuals' understanding of business concepts and principles; (H) the level of the covered individuals' greater confidence in leadership strengths, including the results of an industry-recognized behavioral assessment; (I) the covered individuals' progress made toward establishing a business; (J) the experiences and perceptions of the covered individuals; (K) the number and dollar amount of loans made to covered individuals; (L) the number and dollar amount of loans made or guaranteed by the Administration to covered individuals; and (M) such additional information as the Administrator may require. (2) GAO report Not later than 1 year after the date on which the pilot program terminates, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report that evaluates— (A) the services that grant recipients provided to covered individuals assisted under entrepreneurship development programs; (B) oversight of the pilot program by the Administrator, including policies and procedures for monitoring the compliance by grant recipients with pilot program requirements and an assessment of the effectiveness of the pilot program; and (C) the overall performance of the pilot program and the impacts of the pilot program on grant recipients. (j) Rule of construction Nothing in this Act may be construed to affect the program established under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) (1) the requirements of that program; (2) the manner in which that program is carried out; or (3) the use or availability of any amounts that have been made available to carry out that program. (k) Authorization of appropriations There are authorized to be appropriated to the Administrator such sums as are necessary to carry out the pilot program. (l) Termination The pilot program shall terminate on the date that is 5 years after the date on which the Administrator establishes the pilot program.

Necessary Entrepreneurship Workshops via the SBA to Transform and Assist Re-entry Training Act of 2023

Combating Cartels on Social Media Act of 2023 This bill requires the Department of Homeland Security (DHS) to report and implement a strategy to combat the use of social media by transnational criminal organizations to recruit individuals in the United States to support illicit activities in the United States or countries near a U.S. international border. DHS must also identify a designee within U.S. Customs and Border Protection to receive, process, and disseminate information about these social media recruitment activities. The information must be disseminated to federal, tribal, state, and local entities to support appropriate government functions, such as providing actionable intelligence to law enforcement.

118 S61 IS: Combating Cartels on Social Media 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. 61 IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Ms. Sinema Mr. Lankford Mr. Kelly Mr. Hagerty Committee on Homeland Security and Governmental Affairs A BILL To require the Secretary of Homeland Security to implement a strategy to combat the efforts of transnational criminal organizations to recruit individuals in the United States via social media platforms and other online services and assess their use of such platforms and services for illicit activities, and for other purposes. 1. Short title This Act may be cited as the Combating Cartels on Social Media Act of 2023 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Homeland Security of the House of Representatives. (2) Covered operator The term covered operator (3) Covered service The term covered service (A) a social media platform; (B) a mobile or desktop service with direct or group messaging capabilities, but not including text messaging services without other substantial social functionalities or electronic mail services, that the Secretary determines is, has been, or will be used by transnational criminal organizations in connection with matters described in section 3; and (C) a digital platform, or an electronic application utilizing the digital platform, involving real-time interactive communication between multiple individuals, including multi-player gaming services and immersive technology platforms or applications, that the Secretary determines is, has been, or will be used by transnational criminal organizations in connection with matters described in section 3. (4) Department The term Department (5) Secretary The term Secretary 3. Assessment of illicit usage (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees an assessment describing— (1) the use of covered services by transnational criminal organizations or criminal enterprises acting on their behalf to engage in recruitment efforts, including the recruitment of individuals, including individuals under the age of 18, located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States; (2) the use of covered services by transnational criminal organizations to engage in other illicit activities or other conduct in support of illicit activities, including— (A) smuggling or trafficking involving narcotics, other controlled substances, precursors thereof, or other items prohibited under the laws of the United States, Mexico, or another relevant jurisdiction, including firearms; and (B) human smuggling or trafficking; (3) the existing efforts of the Secretary and relevant government and law enforcement entities to counter, monitor, or otherwise respond to the usage of covered services described in paragraphs (1) and (2); (4) the existing efforts of covered operators to counter, monitor, or otherwise respond to the usage of covered services described in paragraphs (1) and (2); and (5) the existing cooperative efforts between the Secretary, other relevant government entities, and covered operators with respect to the matters described in paragraphs (1) and (2). 4. Strategy to combat cartel recruitment on social media and online platforms (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a strategy, to be known as the National Strategy to Combat Illicit Recruitment Activity by Transnational Criminal Organizations on Social Media and Online Platforms, to combat the use of covered services by transnational criminal organizations or criminal enterprises acting on their behalf to recruit individuals located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States. (b) Elements (1) In general The strategy required under subsection (a) shall, at a minimum, include the following: (A) A proposal to improve cooperation and thereafter maintain cooperation between the Secretary, relevant law enforcement entities, and appropriate covered operators with respect to the matters described in subsection (a). (B) Recommendations to implement the requirement under section 5(a)(2) to establish a centralized mechanism for reporting information regarding the United States recruitment efforts of transnational criminal organizations involving covered services. (C) A proposal to improve intragovernmental coordination with respect to the matters described in subsection (a), including between the Department and State, Tribal, and local governments. (D) A proposal to improve coordination within the Department and between the components of the Department with respect to the matters described in subsection (a). (E) Activities to facilitate increased intelligence analysis for law enforcement purposes of efforts of transnational criminal organizations to utilize covered services for recruitment purposes. (F) Activities to foster international partnerships and enhance collaboration with foreign governments and, as applicable, multilateral institutions with respect to the matters described in subsection (a). (G) Activities to facilitate proactive law enforcement and other governmental efforts relating to the efforts of transnational criminal organizations to utilize covered services for recruitment purposes, including activities intended to preempt through outreach and engagement the commission of criminal offenses by individuals located in the United States who are targeted for recruitment by those transnational criminal organizations. (H) Activities to specifically increase engagement and outreach with youth in border communities, including regarding the recruitment tactics of transnational criminal organizations and the consequences of participation in illicit activities. (2) Limitation The strategy required under subsection (a) shall not include legislative recommendations or elements predicated on the passage of legislation that is not enacted as of the date on which the strategy is submitted under subsection (a), including with respect to encryption policies or reforms to section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 (c) Consultation In drafting and implementing the strategy required under subsection (a), the Secretary shall, at a minimum, consult and engage with— (1) the heads of relevant components of the Department, including— (A) the Commissioner of U.S. Customs and Border Protection; (B) the Under Secretary for Intelligence and Analysis; (C) the Under Secretary for Science and Technology; (D) the Director of U.S. Immigration and Customs Enforcement; (E) the Officer for Civil Rights and Civil Liberties; and (F) the Privacy Officer; (2) the Secretary of State; (3) the Director of the Federal Bureau of Investigation; (4) the Administrator of the Drug Enforcement Agency; (5) representatives of border communities, including representatives of— (A) State, Tribal, and local governments, including school districts and local law enforcement; and (B) nongovernmental organizations; (6) covered operators, including representatives of— (A) social media platforms, including operators of platforms or applications— (i) displaying short-form videos created by users or third parties; (ii) providing ephemeral content transmission services; or (iii) using algorithms or other means of content prioritization to display a feed of content or advertisements created by users or third parties to other users; (B) interactive entertainment platforms and publishers; and (C) companies developing immersive technology platforms and applications on those platforms; and (7) nongovernmental experts in the fields of— (A) civil rights and civil liberties; (B) online privacy; (C) humanitarian assistance for migrants; and (D) youth outreach and rehabilitation. (d) Implementation (1) In general Not later than 90 days after the date on which the strategy required under subsection (a) is submitted to the appropriate congressional committees, the Secretary shall commence implementation of the strategy. (2) Report (A) In general Not later than 180 days after the date on which the strategy required under subsection (a) is implemented under paragraph (1), and semiannually thereafter for 5 years, the Secretary shall submit to the appropriate congressional committees a report describing the efforts of the Secretary to implement the strategy required under subsection (a) and the progress of those efforts, which shall include a description of— (i) the recommendations, and corresponding implementation of those recommendations, with respect to the matters described in subsection (b)(1)(B) relating to the mechanism required under section 5(a)(2); (ii) the interagency posture with respect to the matters covered by the strategy required under subsection (a), which shall include a description of collaboration between the Secretary, other Federal entities, State, local, and Tribal entities, and foreign governments; (iii) actions taken pursuant to subsection (c) that occurred between the Secretary and the entities described in paragraphs (5) through (7) of that subsection, provided that such summaries are provided only in a classified or other non-public manner; and (iv) the threat landscape, including new developments related to the United States recruitment efforts of transnational criminal organizations and the use by those organizations of new or emergent covered services and recruitment methods. (B) Form Each report required under subparagraph (A) shall be submitted in unclassified form, but may contain a classified annex. 5. Intelligence collection and dissemination (a) In general Not later than 90 days after the date on which the strategy required under section 4(a) is required to be submitted to the appropriate congressional committees, the Secretary shall identify a designee— (1) to receive, process, and disseminate information and communications involving the use of covered services by transnational criminal organizations or criminal enterprises acting on their behalf to recruit individuals located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States; and (2) to establish a mechanism, or if the designee determines appropriate, multiple mechanisms, for covered operators to voluntarily report relevant information or communications described in paragraph (1). (b) Procedure Upon the identification of the designee and the establishment of the voluntary reporting mechanism required under subsection (a)(2), the Secretary shall notify appropriate covered operators in writing regarding the voluntary reporting mechanism, including information regarding how to contact the designee and utilize the voluntary reporting mechanism. (c) Placement The designee identified under subsection (a) shall be located in U.S. Customs and Border Protection. (d) Dissemination The designee identified under subsection (a) shall utilize the information and communications received pursuant to this section to— (1) provide Federal, Tribal, State, and local entities with intelligence to assist with outreach and engagement efforts intended to preempt the commission of criminal offenses by individuals located in the United States who are targeted by transnational criminal organizations for recruitment; (2) provide Federal, Tribal, State, and local law enforcement with actionable intelligence for law enforcement relating to the United States recruitment efforts of transnational criminal organizations; and (3) further other appropriate government functions involving efforts to prevent the recruitment of individuals located in the United States by transnational criminal organizations.

Combating Cartels on Social Media Act of 2023

Protection of Women and Girls in Sports Act of 2023 This bill generally prohibits school athletic programs from allowing individuals whose biological sex at birth was male to participate in programs that are for women or girls. Specifically, the bill provides that it is a violation of Title IX of the Education Amendments of 1972 for federally funded education programs or activities to operate, sponsor, or facilitate athletic programs or activities that allow individuals of the male sex to participate in programs or activities that are designated for women or girls. (Title IX prohibits discrimination on the basis of sex in federally funded education programs or activities, including in public elementary and secondary schools and in colleges and universities.) Under the bill, sex is based on an individual's reproductive biology and genetics at birth.

118 S613 IS: Protection of Women and Girls in Sports Act of 2023 U.S. Senate 2023-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 613 IN THE SENATE OF THE UNITED STATES March 1, 2023 Mr. Tuberville Mr. Lee Mr. Lankford Mr. Cotton Mrs. Blackburn Mr. Marshall Mr. Budd Mr. Cramer Mrs. Hyde-Smith Mr. Braun Mr. Scott of Florida Mr. Risch Mr. Crapo Mr. Hagerty Mr. Rubio Ms. Ernst Ms. Lummis Mr. Daines Mr. Hawley Mr. Mullin Mr. Graham Mrs. Britt Committee on Health, Education, Labor, and Pensions A BILL To provide that for purposes of determining compliance with title IX of the Education Amendments of 1972 in athletics, sex shall be recognized based solely on a person's reproductive biology and genetics at birth. 1. Short title This Act may be cited as the Protection of Women and Girls in Sports Act of 2023 2. Amendment Section 901 of the Education Amendments of 1972 ( 20 U.S.C. 1681 (d) (1) It shall be a violation of subsection (a) for a recipient of Federal funds who operates, sponsors, or facilitates athletic programs or activities to permit a person whose sex is male to participate in an athletic program or activity that is designated for women or girls. (2) For purposes of this subsection, sex shall be recognized based solely on a person's reproductive biology and genetics at birth. .

Protection of Women and Girls in Sports Act of 2023

Protecting Americans from Fentanyl Trafficking Act of 2023 This bill permanently places fentanyl-related substances as a class into schedule I of the Controlled Substances Act. A schedule I controlled substance is a drug, substance, or chemical that has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act. The temporary scheduling order issued by the Drug Enforcement Administration to place fentanyl-related substances into schedule I of the Controlled Substances Act expires on December 31, 2024.

118 S614 IS: Protecting Americans from Fentanyl Trafficking Act of 2023 U.S. Senate 2023-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 614 IN THE SENATE OF THE UNITED STATES March 1, 2023 Mr. Cotton Mr. Graham Mr. McConnell Mr. Kennedy Mr. Lee Mr. Tillis Mr. Cornyn Mr. Cruz Mr. Hawley Committee on the Judiciary A BILL To codify the temporary scheduling order for fentanyl-related substances by adding fentanyl-related substances to schedule I of the Controlled Substances Act. 1. Short title This Act may be cited as the Protecting Americans from Fentanyl Trafficking Act of 2023 2. Placement of fentanyl-related substances in schedule I Schedule I of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) (e) (1) Fentanyl-related substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers. (2) For purposes of paragraph (1), the term fentanyl-related substance (A) is not listed in another schedule; (B) has not been approved under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 (C) is structurally related to fentanyl by— (i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle; (ii) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups; (iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups; (iv) replacement of the aniline ring with any aromatic monocycle, whether or not further substituted in or on the aromatic monocycle; or (v) replacement of the N-propionyl group by another acyl group. .

Protecting Americans from Fentanyl Trafficking Act of 2023

Cabin Air Safety Act of 2023 This bill directs the Federal Aviation Administration (FAA) to implement regulations regarding smoke or fume incidents on aircraft (excluding helicopters). Specifically, the bill requires flight attendants, pilots, aircraft maintenance technicians, airport first responders, and emergency response teams to receive annual training on how to respond to incidents on aircraft; the FAA to develop a standardized form and system for reporting incidents involving smoke or fumes; the FAA to conduct an investigation after a report is submitted about incidents of smoke or fumes if anybody on the aircraft required medical attention; and air carriers to install and operate onboard detectors and other air quality monitoring equipment situated in the air supply system to enable pilots and maintenance technicians to locate the sources of air supply contamination, including carbon monoxide.

118 S615 IS: Cabin Air Safety Act of 2023 U.S. Senate 2023-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 615 IN THE SENATE OF THE UNITED STATES March 1, 2023 Mr. Blumenthal Mr. Markey Mrs. Feinstein Committee on Commerce, Science, and Transportation A BILL To improve the safety of the air supply on aircraft, and for other purposes. 1. Short title This Act may be cited as the Cabin Air Safety Act of 2023 2. Improvements to the safety of the air supply on aircraft (a) In general Subpart III of part A of subtitle VII of title 49, United States Code, is amended by adding at the end the following new chapter: 454 Cabin air quality and safety 45401. Definition of Administrator In this chapter the term Administrator 45402. Training to respond to smoke or fume incidents on aircraft (a) In general Not later than 180 days after the date of the enactment of this section, the Administrator shall promulgate regulations requiring flight attendants, pilots, aircraft maintenance technicians, and airport first responders and emergency response teams to receive training, not less frequently than annually, on how to respond to incidents on board aircraft involving smoke or fumes. (b) Requirements The training required by subsection (a) shall include the dissemination of educational materials with respect to the following: (1) Sources and types of smoke and fumes on board aircraft. (2) Odor and visual descriptors to allow an individual to recognize the presence of engine oil and hydraulic fluid fumes and other potentially hazardous fumes, such as fumes relating to engine exhaust, ground service vehicle exhaust, fuel, de-icing fluid, electrical failures, and ozone. (3) The potential for acute or chronic impairment to an individual relating to such fumes. (4) Procedures for recognizing and responding to smoke and fumes on board aircraft. (5) An overview of the system for reporting incidents of smoke or fumes on board aircraft established under section 45403(a)(2). (6) Requirements relating to reporting incidents of smoke and fumes on board aircraft to the Administrator under sections 45403 and 45405(b). 45403. Reporting of incidents of smoke or fumes on board aircraft (a) In general Not later than 180 days after the date of the enactment of this section, the Administrator shall— (1) develop a standardized form for flight attendants, pilots, and aircraft maintenance technicians to report incidents of smoke or fumes on board an aircraft operated by an air carrier; and (2) establish a system for reporting incidents of smoke or fumes on board aircraft that allows— (A) pilots, flight attendants, and aircraft maintenance technicians to— (i) submit the form developed under paragraph (1) to the Administrator and the relevant air carrier; and (ii) receive a copy of such submission for their records; and (B) pilots, flight attendants, aircraft maintenance technicians, the collective bargaining representative of employees of the air carrier, and air carriers to search the reported incidents database compiled by the Administrator for the purposes of reviewing and monitoring incidents contained in the database and assisting with investigations conducted under section 45404. (b) Content of forms The form developed under subsection (a)(1) for reporting an incident of smoke or fumes on board an aircraft shall include sections for the following information, if available at the time of the report: (1) Identification of the flight number, the city pair, the type of aircraft, the registration number of the aircraft, and the individual reporting the incident. (2) Information about the presence of smoke, including a description of the nature, intensity, and visual consistency (if any). (3) Information about the presence of fumes, including a description of the nature and intensity of the odor. (4) Information about the location of the smoke or fumes in the aircraft. (5) Information about the source of the smoke or fumes, including in relation to the air supply vents and electrical system. (6) Information about the type of smoke or fumes. (7) Information about the engine manufacturer, engine type, the engine serial number, and the age of the engine. (8) Information about— (A) the phase of flight during which smoke or fumes were present; (B) the estimated duration of the smoke or fumes; and (C) if the incident happened while the aircraft was on the ground, information about the air supply source at the time of the incident. (9) Other observations about the smoke or fumes. (10) A description of symptoms reported by crew members and passengers and any required onboard medical attention. (11) Information with respect to whether crew members or passengers used, needed, or were administered supplemental or emergency oxygen. (12) Information regarding any disruption to the operation of the flight or subsequent flights. (13) Information about relevant maintenance work conducted on the aircraft prior to and following the incident. (14) Relevant air monitoring data collected during the flight. (c) Public availability of smoke and fume event information (1) In general Not less frequently than quarterly and subject to paragraph (2), the Administrator shall compile, and make available to the public, statistics regarding the information obtained from the forms developed under subsection (a)(1) and submitted to the Administrator. (2) Website The Administrator shall develop a publicly available internet website that includes the aggregate data required under paragraph (1) and a searchable database for the events reported to the Administrator under subsection (a)(2) that includes the following variables for each event: (A) Date. (B) Tail number. (C) Aircraft type. (D) Air carrier. (E) Phase of flight. (F) Location of smoke or fumes in the aircraft. (G) Description of smoke or fumes, including relation to air supply vents and the nature and intensity of the odor. (H) Engine or auxiliary power unit type. (I) Engine oil or hydraulic fluid type, including product name. (J) Deidentified narrative. (K) Relevant maintenance information. (L) Such other criteria as the Administrator considers appropriate. (3) Redaction Before making either individual event information or aggregate data available to the public under paragraph (1) or (2), the Administrator shall redact any personally identifiable information. 45404. Investigations (a) In general Not later than 180 days after the date of the enactment of this section, the Administrator shall promulgate regulations— (1) authorizing the Federal Aviation Administration to, at their discretion, conduct an investigation described in subsection (b) not less than 7 days after a report is submitted to the Administrator through the system for reporting incidents of smoke or fumes on board aircraft established under section 45403(a)(2); and (2) requiring the Federal Aviation Administration to conduct an investigation described in subsection (b) when the report indicates that 1 or more crew members or passengers had symptoms that required medical attention. (b) Requirements for investigations An investigation described in this subsection shall include the following: (1) Gathering factual and standardized information from all flight attendants, pilots, aircraft maintenance technicians, airport first responders, emergency response teams, and medical doctors involved in the incident. (2) Gathering any reports submitted under section 45403 with respect to the incident. (3) Gathering technical findings on any replaced, worn, missing, failed, or improperly serviced components that may have resulted in the incident. (4) Identifying the cause of the incident, if possible. (c) Participation of air carriers and collective bargaining representatives In conducting an investigation under this section, the Federal Aviation Administration shall— (1) consult with the air carrier involved; (2) work in conjunction with the technical representatives of the air carrier; and (3) invite the participation of the collective bargaining representative of employees of the air carrier. 45405. Air quality monitoring equipment (a) Requirement To include on aircraft Not later than 180 days after the date of the enactment of this section, the Administrator shall promulgate regulations requiring an air carrier, after 90 days for public comment and not later than 1 year after the regulations are finalized in the Federal Register— (1) to install and operate onboard detectors and other air quality monitoring equipment that— (A) are situated in the air supply system to enable pilots and maintenance technicians to identify the location of the source or sources of air supply contamination in real time, including any concentration of carbon monoxide that is dangerous to human health; (B) continuously monitor any relevant marker compound consistent with engine oil and hydraulic fluid fume concentration in the aircraft cabin and air supply system; and (C) alert the pilot and flight attendants to poor air quality that is dangerous to human health; and (2) to have in place procedures to train the pilots to initiate standardized communication and source isolation protocols, as soon as appropriate, with the flight attendants and air traffic controllers (as needed), and to apply their professional judgement based on onboard conditions, all in response to poor air quality that is dangerous to human health. (b) Authority of the Administrator The Administrator may establish standards for aircraft cabin air quality, as the Administrator determines is necessary to protect the health and safety of air carrier crew members and passengers, in consultation with— (1) the Director of the National Institute for Occupational Safety and Health of the Centers for Disease Control and Prevention; (2) the Assistant Secretary of Labor for Occupational Safety and Health; and (3) the Administrator of the Environmental Protection Agency. (c) Inclusion of information relating to air quality monitoring equipment in aircraft manuals Not later than 1 year after the date of the enactment of this section, the Administrator shall promulgate regulations requiring an aircraft manufacturer that manufactures aircraft for air carriers to include procedures for responding to alarms from air quality monitoring equipment required under subsection (a) during normal and nonstandard operations in the flight operator’s manual for each such aircraft produced by the manufacturer. (d) Continuing research To develop sensors and techniques To monitor cabin air quality The Administrator shall continue to research, study, and identify emerging technologies suitable to provide reliable warning of cabin air contamination from an aircraft bleed air system, including through investigation and research into specific sensors, methods, and operational techniques to prevent poor air quality that is dangerous to human health. (e) Rule of construction Nothing in this section may be construed to imply that an investigation under section 45404 is not necessary or that crew members and passengers have not been exposed to smoke or fumes if the alarm from any air quality monitoring equipment installed on an aircraft is not activated. 45406. Minimum equipment list for bleed air system Not later than 180 days after the date of the enactment of this section, the Administrator shall promulgate regulations requiring any manufacturer of aircraft that transports passengers or cargo to include the air quality monitoring equipment required under section 45405 in the master minimum equipment list for aircraft with a bleed air system certified under section 44704 or for which certification was delegated under section 44702(d). 45407. Authorization of appropriations There are authorized to be appropriated to the Administrator such sums as may be necessary to carry out this chapter. 45408. Exclusion of helicopters The provisions of this chapter do not apply to helicopters. . (b) Conforming amendments (1) Table of contents The table of contents of subpart III of part A of subtitle VII of title 49, United States Code, is amended by inserting after the item relating to chapter 453 the following: Chapter 454—Cabin air quality and safety 45401. Definition of Administrator. 45402. Training to respond to smoke or fume incidents on aircraft. 45403. Reporting of incidents of smoke or fumes on board aircraft. 45404. Investigations. 45405. Air quality monitoring equipment. 45406. Minimum equipment list for bleed air system. 45407. Authorization of appropriations. 45408. Exclusion of helicopters. . (2) Conforming repeal Section 326 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101

Cabin Air Safety Act of 2023

Leech Lake Reservation Restoration Technical Corrections Act of 2023 This bill provides for the transfer of certain federal land located in the Chippewa National Forest in Cass County, Minnesota, to the Leech Lake Band of Ojibwe. The Department of Agriculture (USDA) must transfer to the tribe land in the Chippewa National Forest that records maintained by the Bureau of Indian Affairs show was sold without the consent of a majority of the rightful landowners. Upon agreement between USDA and the tribe, USDA shall substitute alternative National Forest System land located in Cass County on an acre-for-acre basis for those parcels of federal land to be transferred that are found to be unsuitable for the future uses of the tribe. USDA may transfer land to the tribe on a rolling basis as that land is identified and surveys are completed. Any such agreement and any transfer of land made pursuant to such agreement shall be considered a final agency action.

116 S616 IS: Leech Lake Reservation Restoration Technical Corrections Act of 2023 U.S. Senate 2023-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 616 IN THE SENATE OF THE UNITED STATES March 1, 2023 Ms. Smith Ms. Klobuchar Committee on Indian Affairs A BILL To amend the Leech Lake Band of Ojibwe Reservation Restoration Act to provide for the transfer of additional Federal land to the Leech Lake Band of Ojibwe, and for other purposes. 1. Short title This Act may be cited as the Leech Lake Reservation Restoration Technical Corrections Act of 2023 2. Transfer of additional Federal land (a) Findings Section 2(a)(5) of the Leech Lake Band of Ojibwe Reservation Restoration Act ( Public Law 116–255 (B) does not intend immediately to modify the use of the Federal land. . (b) Inclusion of additional Federal land Section 2 of the Leech Lake Band of Ojibwe Reservation Restoration Act ( Public Law 116–255 (1) in subsection (b)(1)— (A) in subparagraph (A)— (i) by striking means the approximately (i) the approximately ; (ii) in clause (i) (as so designated), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (ii) any other land managed by the Secretary, through the Chief of the Forest Service, located in the Chippewa National Forest in Cass County, Minnesota, which records maintained by the Bureau of Indian Affairs show was sold without the consent of a majority of the rightful landowners. ; and (B) in subparagraph (B)— (i) by redesignating clauses (i) and (ii) as clauses (ii) and (iii), respectively; and (ii) by inserting before clause (ii) (as so redesignated) the following: (i) any land transferred pursuant to an agreement entered into between the Secretary and the Tribe under subsection (c)(2); ; (2) in subsection (c)— (A) in paragraph (1), by striking paragraph (2) paragraphs (2) and (3) (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following: (2) Agreement (A) In general On agreement between the Secretary and the Tribe, the Secretary shall substitute, for purposes of the transfer under paragraph (1), alternative National Forest System land located in Cass County, Minnesota, on an acre-for-acre basis, for those parcels of Federal land to be transferred under that paragraph that are found to be unsuitable for the future uses of the Tribe. (B) Frequency of transfers Pursuant to an agreement entered into under subparagraph (A), the Secretary may transfer land to the Tribe on a rolling basis as that land is identified and surveys are completed. (C) Final agency action An agreement described in subparagraph (A), and any transfer of land made pursuant to an agreement entered into under that subparagraph, shall be considered a final agency action under subchapter II of chapter 5, and chapter 7, of title 5, United States Code. ; and (3) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (A), by inserting described in subsection (b)(1)(A)(i) Federal land (ii) in subparagraph (B), by striking submit a map and legal description of the Federal land submit maps and legal descriptions of the Federal land transferred pursuant to paragraphs (1) and (2) of subsection (c), as applicable, (B) in paragraph (2)— (i) by striking map and legal description maps and legal descriptions (ii) by striking map or legal description maps or legal descriptions (C) in paragraph (3), by striking map and legal description maps and legal descriptions

Leech Lake Reservation Restoration Technical Corrections Act of 2023

United States Foundation for International Conservation Act of 2023 This bill requires the Department of State to establish the U.S. Foundation for International Conservation as a tax-exempt organization to promote international conservation efforts, including by providing grants for eligible projects. The foundation shall fund projects that support effective area-based conservation measures and the long-term management of protected or conserved areas and their contiguous buffer zones. Such areas include terrestrial, coastal, and marine-protected or conserved parks, conservancies, and reserves. Projects must be cost-matched from sources other than the U.S. government. Project grants shall focus on countries that (1) have low-income, lower middle-income, or upper-middle-income economies; (2) have a high degree of biological diversity or important species or ecosystems; and (3) have demonstrated a commitment to conservation through their actions. The foundation may not provide support for any government, or any entity owned or controlled by a government, that has repeatedly provided support for acts of international terrorism or has engaged in a consistent pattern of gross human rights violations. Additionally, the foundation may not engage in any dealings prohibited under U.S. sanctions.

118 S618 IS: United States Foundation for International Conservation Act of 2023 U.S. Senate 2023-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 618 IN THE SENATE OF THE UNITED STATES March 1, 2023 Mr. Coons Mr. Graham Mr. Whitehouse Mr. Tillis Mr. Heinrich Mr. Boozman Committee on Foreign Relations A BILL To establish the United States Foundation for International Conservation to promote long-term management of protected and conserved areas, and for other purposes. 1. Short title This Act may be cited as the United States Foundation for International Conservation Act of 2023 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Appropriations of the Senate (B) the Committee on Foreign Relations of the Senate (C) the Committee on Appropriations of the House of Representatives (D) the Committee on Foreign Affairs of the House of Representatives (2) Board The term Board (3) Director The term Director (A) an initial member of the Board appointed pursuant to section 4(a)(2)(C); or (B) a member of the Board selected to fill a vacancy pursuant to section 4(a)(3)(B). (4) Eligible country The term eligible country (5) Eligible project The term eligible project (6) Executive director The term Executive Director (7) Foundation The term Foundation (8) Secretary The term Secretary 3. United States Foundation for International Conservation (a) Establishment (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish the United States Foundation for International Conservation. (2) Independence The Foundation is not an agency or instrumentality of the United States Government. (3) Tax-exempt status The Board shall take all necessary and appropriate steps to ensure that the Foundation is an organization described in subsection (c) of section 501 (4) Termination of operations The Foundation shall terminate operations on the date that is 10 years after the date on which it is established pursuant to paragraph (1). (b) Purposes The purposes of the Foundation are— (1) to promote effective, long-term management of protected and conserved areas and their contiguous buffer zones in eligible countries; (2) to advocate for, incentivize, accept, and administer governmental and nongovernmental funds, including donations from the private sector, to increase the availability and predictability of financing for long-term management of protected and conserved areas; (3) to close critical gaps in public international conservation efforts by— (A) increasing private sector investment, including investments from philanthropic entities; and (B) collaborating with partners providing bilateral and multilateral financing to support enhanced coordination; (4) to identify and financially support implementation-ready projects— (A) that promote long-term management of protected and conserved areas and their contiguous buffer zones in eligible countries, including supporting the management of terrestrial, coastal, freshwater, and marine protected areas, parks, community conservancies, indigenous reserves, conservation easements, and biological reserves; and (B) that provide effective area-based conservation measures, consistent with internationally recognized best practices and standards for environmental and social safeguards; and (5) to coordinate with, and otherwise support and assist, foreign governments, private sector entities, local communities, Indigenous Peoples, and other stakeholders in undertaking biodiversity conservation activities— (A) to achieve sustainable biodiversity conservation outcomes; and (B) to improve local security, governance, food security, and economic opportunities. 4. Governance of the Foundation (a) Board of Directors (1) Governance The Foundation shall be governed by a Board of Directors. (2) Composition (A) In general The Board shall be composed of— (i) the Directors described in subparagraph (B); and (ii) Appointed Directors described in subparagraph (C). (B) Directors The following individuals, or designees of such individuals, shall serve as Directors: (i) The Secretary of State. (ii) The Administrator of the United States Agency for International Development. (iii) The Secretary of the Interior. (iv) The Chief of the United States Forest Service. (v) The Administrator of the National Oceanic and Atmospheric Administration. (C) Appointed directors The Secretary, in consultation with the other Directors described in subparagraph (B), shall appoint, as Directors of the Board— (i) 4 private-sector committed donors; and (ii) 5 independent experts who represent diverse points of view, to the maximum extent practicable. (D) Qualifications Each independent expert appointed pursuant to subparagraph (C) shall be knowledgeable and experienced in matters relating to— (i) international development; (ii) protected area management and the conservation of global biodiversity, fish and wildlife, ecosystem restoration, adaptation, and resilience; and (iii) grantmaking in support of international conservation. (E) Chairperson The Board shall elect, from among its Directors, a Chairperson, who shall serve for a 2-year term. (3) Terms; vacancies (A) Terms (i) In general The term of service of each Director appointed pursuant to paragraph (2)(C) shall be not more than 5 years. (ii) Initial appointed directors Of the initial Directors appointed pursuant to paragraph (2)(C)— (I) 5 Directors, including at least 2 private-sector committed donors, shall serve for 4 years; and (II) 4 Directors shall serve for 5 years, as determined by the Chairperson of the Board. (B) Vacancies Any vacancy in the membership of the appointed Directors of the Board— (i) shall be filled in accordance with the bylaws of the Foundation by a private-sector committed donor or an independent expert who meets the qualifications under subparagraph (C)(ii)(A), as applicable, as represented by the vacating Director; (ii) shall not affect the power of the remaining appointed Directors to execute the duties of the Board; and (iii) shall be filled by an individual selected by the Board. (4) Quorum A majority of the current membership of the Board shall constitute a quorum for the transaction of Foundation business. (5) Meetings (A) In general The Board shall meet at the call of the Chairperson not less frequently than annually. (B) Initial meeting Not later than 60 days after the Board is established pursuant to section 3(a), the Secretary shall convene a meeting of the ex-officio Directors and the appointed Directors of the Board to incorporate the Foundation. (C) Removal Any Director who misses 3 consecutive regularly scheduled meetings may be removed from the Board. (6) Reimbursement of expenses Directors of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred in the performance of the duties of the Foundation. (7) Not federal employees Appointment as a Director of the Board shall not constitute employment by, or the holding of an office of, the United States for purposes of any Federal law. (8) Duties The Board shall— (A) establish bylaws for the Foundation in accordance with paragraph (9); (B) provide overall direction for the activities of the Foundation and establish priority activities; (C) carry out any other necessary activities of the Foundation; (D) evaluate the performance of the Executive Director; and (E) not less frequently than annually, consult and coordinate with stakeholders qualified to provide advice, assistance, and information regarding effective protected and conserved area management. (9) Bylaws (A) In general The bylaws established pursuant to paragraph (8)(A) may include— (i) policies for the selection of Directors of the Board and officers, employees, agents, and contractors of the Foundation; (ii) policies, including ethical standards, for— (I) the acceptance, solicitation, and disposition of donations and grants to the Foundation; and (II) the disposition of assets of the Foundation; (iii) policies that subject all employees, fellows, trainees, and other agents of the Foundation (including ex-officio Directors and appointed Directors of the Board) to conflict of interest standards; and (iv) the specific duties of the Executive Director. (B) Requirements The Board shall ensure that the bylaws of the Foundation and the activities carried out under such bylaws do not— (i) reflect unfavorably on the ability of the Foundation to carry out activities in a fair and objective manner; or (ii) compromise, or appear to compromise, the integrity of any governmental agency or program, or any officer or employee employed by, or involved in, a governmental agency or program. (b) Executive Director The Board shall hire an Executive Director of the Foundation, who shall serve, at the pleasure of the Board, as the Chief Executive Officer of the Foundation. (c) Foundation staff Officers and employees of the Foundation— (1) may not be employees of, or hold any office in, the United States Government; and (2) shall be appointed without regard to the provisions of— (A) title 5, United States Code, governing appointments in the competitive service; and (B) chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (d) Limitation and conflicts of interests (1) Political participation The Foundation may not participate or intervene in any political campaign on behalf of any candidate for public office in any country. (2) Financial interests Any Director of the Board or officer or employee of the Foundation is prohibited from participating, directly or indirectly, in the consideration or determination of any question before the Foundation affecting— (A) the financial interests of such Director, officer, or employee; and (B) the interests of any corporation, partnership, entity, or organization in which such Director, officer, or employee has any fiduciary obligation or direct or indirect financial interest. 5. Corporate powers and obligations of the Foundation (a) General authority (1) In general The Foundation— (A) shall have perpetual succession unless dissolved by an Act of Congress; (B) may conduct business throughout the States, territories, and possessions of the United States and in foreign countries; (C) shall have its principal offices in the Washington, DC metropolitan area; and (D) shall continuously maintain a designated agent in Washington, DC who is authorized to accept notice or service of process on behalf of the Foundation. (2) Notice and service of process The serving of notice to, or service of process upon, the agent referred to in paragraph (1)(D), or mailed to the business address of such agent, shall be deemed as service upon, or notice to, the Foundation. (3) Seal The Foundation shall have an official seal, which shall be selected by the Board and judicially noticed. (b) Authorities In addition to powers explicitly authorized under this Act, the Foundation, in order to carry out the purposes described in section 3(b), shall have the usual powers of a corporation headquartered in Washington, DC, including the authority— (1) to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, or real or personal property or any income derived from such gift or property, or other interest in such gift or property; (2) to acquire by donation, gift, devise, purchase, or exchange any real or personal property or interest in such property; (3) unless otherwise required by the instrument of transfer, to sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any property or income derived from such property; (4) to borrow money and issue bonds, debentures, or other debt instruments; (5) to complain and defend itself in any court of competent jurisdiction (except that the Directors of the Board shall not be personally liable, except for gross negligence); (6) to enter into contracts or other arrangements with public agencies, private organizations, and persons and to make such payments as may be necessary to carry out the purposes of such contracts or arrangements; and (7) to award grants for eligible projects, in accordance with section 7. (c) Property interests (1) Interest in real property In this subsection, the term interest in real property (A) mineral and water rights; (B) rights of way; and (C) easements appurtenant or in gross. (2) In general The Foundation may acquire, hold, and dispose of lands, waters, and other interests in real property by donation, gift, devise, purchase, or exchange. (3) Limits to property rights A gift, devise, or bequest may be accepted by the Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the Foundation. (d) Federal funds (1) In general The Foundation may— (A) hold Federal funds made available, but not immediately disbursed; and (B) use any interest or other investment income earned on such Federal funds to carry out the purposes of the Foundation under this Act. (2) Limitation Investments made pursuant to paragraph (1)(B) may only be made in— (A) interest-bearing obligations of the United States; or (B) obligations guaranteed as to both principal and interest by the United States. (e) Limitation of public liability The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation. 6. Safeguards and accountability (a) Safeguards The Foundation shall develop, and incorporate into any agreement for support provided by the Foundation, appropriate safeguards, policies, and guidelines, consistent with internationally recognized best practices and standards for environmental and social safeguards. (b) Independent accountability mechanism (1) In general The Foundation shall establish a transparent and independent accountability mechanism, which shall provide— (A) a compliance review function that assesses whether Foundation-supported projects adhere to the requirements developed pursuant to subsection (a); (B) a dispute resolution function for resolving concerns between complainants and project implementers regarding the impacts of specific Foundation-supported projects with respect to such standards; and (C) an advisory function that reports to the Foundation on projects, policies, and practices. (2) Duties The accountability mechanism shall— (A) report annually to the Board and to the appropriate congressional committees regarding the Foundation’s compliance with internationally recognized best practices and standards in accordance with paragraph (1)(A); (B) (i) have permanent staff to conduct compliance reviews and dispute resolutions; or (ii) maintain a roster of experts to serve such roles, to the extent needed; and (C) hold a public comment period lasting not fewer than 60 days regarding the initial design of the accountability mechanism. 7. Projects and grants (a) Project funding requirements (1) In general The Foundation shall— (A) fund eligible projects that support its mission to provide long-term funding for the effective management of protected and conserved areas and their contiguous buffer zones in eligible countries; and (B) recognize the importance of a landscape or seascape approach to conservation that includes buffer zones, wildlife dispersal and corridor areas, and other effective area-based conservation measures. (2) Eligible projects Eligible projects shall include projects that— (A) focus on supporting— (i) long-term management of protected or conserved areas and their contiguous buffer zones in countries described in subsection (b), including terrestrial, coastal, and marine-protected or conserved areas, parks, community conservancies, indigenous reserves, conservation easements, and biological reserves; and (ii) other effective area-based conservation measures; (B) are cost-matched from sources other than the United States Government; (C) have host country and local population support, as evidenced by a long-term binding memorandum of understanding signed by the host government that respects free, prior, and informed consent of affected communities; (D) incorporate a set of key performance indicators; (E) demonstrate robust local community engagement, with the completion of appropriate environmental and social due diligence, including— (i) free, prior, and informed consent of Indigenous Peoples and consultation with relevant local communities; (ii) equitable governance structures; and (iii) effective grievance mechanisms; (F) create economic opportunities for local communities, through activities such as— (i) equity and profit-sharing; (ii) employment activities; and (iii) other economic growth activities; (G) provide stable baseline funding for the effective management of the protected or conserved area project; (H) are implementation ready; and (I) where possible, demonstrate a plan to strengthen the capacity of, and transfer skills to, local institutions to manage the protected or conserved area before or after grant funding is exhausted. (b) Eligible countries (1) In general Before awarding any grants or entering into any project agreements for a given fiscal year, the Board shall conduct a review of countries in which the Foundation shall be eligible to fund projects to determine which countries— (A) are low-income, lower-middle-income, or upper-middle-income economies (as defined by the International Bank for Reconstruction and Development and the International Development Association; (B) have— (i) a high degree of biological diversity; or (ii) species or ecosystems of significant importance; and (C) have demonstrated a commitment to conservation through actions, such as protecting lands and waters through the gazettement of national parks, community conservancies, marine reserves and protected areas, forest reserves, and other legally recognized forms of place-based conservation. (2) Identification of eligible countries Not later than 5 days after the date on which the Board determines which countries are eligible countries for a given fiscal year, the Executive Director shall— (A) submit a report to the appropriate congressional committees that includes— (i) a list of all such eligible countries; and (ii) a justification for such eligibility determinations; and (B) publish the information contained in the report described in paragraph (A) in the Federal Register. (c) Grantmaking (1) In general In order to maximize its program effects, the Foundation should— (A) seek to coordinate with other international public and private donors to the extent possible; (B) seek additional financial and nonfinancial contributions and commitments for its projects from host governments; and (C) strive to generate a partnership mentality among all participants, including public and private funders, host governments, local protected areas authorities, and private and nongovernmental organization partners. (2) Grant criteria Foundation grants— (A) shall fund the management of well-defined protected or conserved areas and the systems of such conservation areas in eligible countries; (B) should provide adequate baseline funding for at least 10 years, without replacing or duplicating existing baseline funding, for each protected and conserved area and the system that supports that area in an amount sufficient to maintain the effective management of the area over the long term; (C) should, during the grant period, demonstrate progress in achieving clearly identified key performance indicators (as defined in the grant agreement), which may include— (i) the protection of biological diversity; (ii) the protection of native flora and habitats, such as trees, forests, grasslands, mangroves, coral reefs, and sea grass; (iii) community-based economic growth indicators, such as improved land tenure, increases in beneficiaries participating in economic growth activities, and sufficient income from conservation activities being directed to communities in project areas; (iv) improved management of the protected or conserved area covered by the project, as documented through the submission of strategic plans or annual reports to the Foundation; and (v) the identification of additional revenue sources or sustainable financing mechanisms to meet the recurring costs of management of the protected or conserved areas; and (D) may be terminated if the Board determines that the project is not meeting applicable requirements under this Act or making progress in achieving the key performance indicators defined in the grant agreement. 8. Prohibition of support in countries that support terrorism or violate human rights and of support for sanctioned persons (a) In general The Foundation may not provide support for any government, or any entity owned or controlled by a government, if the Secretary has determined that such government— (1) has repeatedly provided support for acts of international terrorism, as determined under— (A) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (subtitle B of title XVII of Public Law 115–232 (B) section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) (C) section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) (D) any other relevant provision of law; or (2) has engaged in a consistent pattern of gross violations of internationally recognized human rights, as determined under section 116(a) or 502B(a)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(a) (b) Prohibition of support for sanctioned persons The Foundation may not engage in any dealing prohibited under United States sanctions laws or regulations, including dealings with persons on the list of specially designated persons and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury, except to the extent otherwise authorized by the Secretary or by the Secretary of the Treasury. (c) Prohibition of support for activities subject to sanctions The Foundation shall require any person receiving support to certify that such person, and any entity owned or controlled by such person, is in compliance with all United States sanctions laws and regulations. 9. Annual report Not later than 360 days after the date of the enactment of this Act, and annually thereafter while the Foundation continues to operate, the Executive Director of the Foundation shall submit a report to the appropriate congressional committees that describes— (1) the goals of the Foundation; (2) the programs, projects, and activities supported by the Foundation; (3) private and governmental contributions to the Foundation; and (4) the standardized criteria utilized to determine the programs and activities supported by the Foundation, including baselines, targets, desired outcomes, measurable goals, and extent to which those goals are being achieved for each project. 10. Authorization of appropriations (a) In general There are authorized to be appropriated to the Foundation $100,000,000 for each of the fiscal years 2024 through 2033 to carry out the purposes of this Act. (b) Cost matching requirement Amounts appropriated pursuant to subsection (a) may only be made available to grantees to the extent such grantees secure funding for an eligible project from sources other than the United States Government in an amount that is not less than the amount received in grants for such project pursuant to section 7.

United States Foundation for International Conservation Act of 2023

No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2023 This bill modifies provisions relating to federal funding for, and health insurance coverage of, abortions. Specifically, the bill prohibits the use of federal funds for abortions or for health coverage that includes abortions. Such restrictions extend to the use of funds in the budget of the District of Columbia. Additionally, abortions may not be provided in a federal health care facility or by a federal employee. Historically, language has been included in annual appropriations bills for the Department of Health and Human Services (HHS) that prohibits the use of federal funds for abortions—such language is commonly referred to as the Hyde Amendment. Similar language is also frequently included in appropriations bills for other federal agencies and the District of Columbia. The bill makes these restrictions permanent and extends the restrictions to all federal funds (rather than specific agencies). The bill's restrictions regarding the use of federal funds do not apply in cases of rape, incest, or where a physical disorder, injury, or illness endangers a woman's life unless an abortion is performed. The Hyde Amendment provides the same exceptions. The bill also prohibits qualified health plans from including coverage for abortions. Currently, qualified health plans may cover abortion, but the portion of the premium attributable to abortion coverage is not eligible for subsidies.

111 S62 IS: No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2023 U.S. Senate 2023-01-25 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. 62 IN THE SENATE OF THE UNITED STATES January 25, 2023 Mr. Wicker Mr. Lankford Mrs. Hyde-Smith Mr. Tillis Mr. Risch Mr. Boozman Mrs. Fischer Mr. Crapo Mr. Hoeven Mr. Barrasso Mr. Romney Mr. Daines Ms. Lummis Mr. Kennedy Mr. Hagerty Mr. Johnson Mr. Tuberville Mr. McConnell Mr. Braun Mr. Cornyn Mr. Vance Mr. Cruz Mr. Rounds Mr. Cramer Mr. Mullin Mr. Moran Mr. Scott of Florida Mr. Cassidy Mr. Rubio Mrs. Blackburn Mr. Sullivan Mr. Thune Mr. Grassley Mr. Marshall Mrs. Britt Mr. Lee Mr. Schmitt Mr. Budd Mr. Cotton Mr. Hawley Mr. Young Mr. Scott of South Carolina Ms. Ernst Mr. Paul Mr. Graham Mrs. Capito, and Mr. Ricketts Committee on Finance A BILL To prohibit taxpayer funded abortions. 1. Short title; table of contents (a) Short title This Act may be cited as the No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2023 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Prohibiting Federally Funded Abortions Sec. 101. Prohibiting taxpayer funded abortions. Sec. 102. Amendment to table of chapters. Title II—Application under the Affordable Care Act Sec. 201. Clarifying application of prohibition to premium credits and cost-sharing reductions under ACA. Sec. 202. Revision of notice requirements regarding disclosure of extent of health plan coverage of abortion and abortion premium surcharges. I Prohibiting Federally Funded Abortions 101. Prohibiting taxpayer funded abortions Title 1, United States Code, is amended by adding at the end the following new chapter: 4 Prohibiting taxpayer funded abortions 301. Prohibition on funding for abortions. 302. Prohibition on funding for health benefits plans that cover abortion. 303. Limitation on Federal facilities and employees. 304. Construction relating to separate coverage. 305. Construction relating to the use of non-Federal funds for health coverage. 306. Non-preemption of other Federal laws. 307. Construction relating to complications arising from abortion. 308. Treatment of abortions related to rape, incest, or preserving the life of the mother. 309. Application to District of Columbia. 301. Prohibition on funding for abortions 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, shall be expended for any abortion. 302. Prohibition on funding for health benefits plans that cover abortion None of the 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, shall be expended for health benefits coverage that includes coverage of abortion. 303. Limitation on Federal facilities and employees No health care service furnished— (1) by or in a health care facility owned or operated by the Federal Government; or (2) by any physician or other individual employed by the Federal Government to provide health care services within the scope of the physician’s or individual’s employment, may include abortion. 304. Construction relating to separate coverage Nothing in this chapter shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate abortion coverage or health benefits coverage that includes abortion so long as such coverage is paid for entirely using only funds not authorized or appropriated by Federal law and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State’s or locality’s contribution of Medicaid matching funds. 305. Construction relating to the use of non-Federal funds for health coverage Nothing in this chapter shall be construed as restricting the ability of any non-Federal health benefits coverage provider from offering abortion coverage, or the ability of a State or locality to contract separately with such a provider for such coverage, so long as only funds not authorized or appropriated by Federal law are used and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State’s or locality’s contribution of Medicaid matching funds. 306. Non-preemption of other Federal laws Nothing in this chapter shall repeal, amend, or have any effect on any other Federal law to the extent such law imposes any limitation on the use of funds for abortion or for health benefits coverage that includes coverage of abortion, beyond the limitations set forth in this chapter. 307. Construction relating to complications arising from abortion Nothing in this chapter shall be construed to apply to the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of an abortion. This rule of construction shall be applicable without regard to whether the abortion was performed in accord with Federal or State law, and without regard to whether funding for the abortion is permissible under section 308. 308. Treatment of abortions related to rape, incest, or preserving the life of the mother The limitations established in sections 301, 302, and 303 shall not apply to an abortion— (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. 309. Application to District of Columbia In this chapter: (1) Any reference to funds appropriated by Federal law shall be treated as including any amounts within the budget of the District of Columbia that have been approved by an Act of Congress pursuant to section 446 of the District of Columbia Home Rule Act (or any applicable successor Federal law). (2) The term Federal Government . 102. Amendment to table of chapters The table of chapters for title 1, United States Code, is amended by adding at the end the following new item: 4. Prohibiting taxpayer funded abortions 301 . II Application under the Affordable Care Act 201. Clarifying application of prohibition to premium credits and cost-sharing reductions under ACA (a) In general (1) Disallowance of refundable credit and cost-sharing reductions for coverage under qualified health plan which provides coverage for abortion (A) In general Subparagraph (A) of section 36B(c)(3) or any health plan that includes coverage for abortions (other than any abortion or treatment described in section 307 or 308 of title 1, United States Code) (B) Option to purchase or offer separate coverage or plan Paragraph (3) of section 36B(c) of such Code is amended by adding at the end the following new subparagraph: (C) Separate abortion coverage or plan allowed (i) Option to purchase separate coverage or plan Nothing in subparagraph (A) shall be construed as prohibiting any individual from purchasing separate coverage for abortions described in such subparagraph, or a health plan that includes such abortions, so long as no credit is allowed under this section with respect to the premiums for such coverage or plan. (ii) Option to offer coverage or plan Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for abortions described in such subparagraph, or a plan that includes such abortions, so long as premiums for such separate coverage or plan are not paid for with any amount attributable to the credit allowed under this section (or the amount of any advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act). . (2) Disallowance of small employer health insurance expense credit for plan which includes coverage for abortion Subsection (h) of section 45R (A) by striking Any term (1) In general Any term ; and (B) by adding at the end the following new paragraph: (2) Exclusion of health plans including coverage for abortion (A) In general The term qualified health plan (B) Separate abortion coverage or plan allowed (i) Option to purchase separate coverage or plan Nothing in subparagraph (A) shall be construed as prohibiting any employer from purchasing for its employees separate coverage for abortions described in such subparagraph, or a health plan that includes such abortions, so long as no credit is allowed under this section with respect to the employer contributions for such coverage or plan. (ii) Option to offer coverage or plan Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for abortions described in such subparagraph, or a plan that includes such abortions, so long as such separate coverage or plan is not paid for with any employer contribution eligible for the credit allowed under this section. . (3) Conforming ACA amendments Section 1303(b) of Public Law 111–148 42 U.S.C. 18023(b) (A) by striking paragraph (2); (B) by striking paragraph (3), as amended by section 202(a); and (C) by redesignating paragraph (4) as paragraph (2). (b) Application to multi-State plans Paragraph (6) of section 1334(a) of Public Law 111–148 42 U.S.C. 18054(a) (6) Coverage consistent with federal abortion policy In entering into contracts under this subsection, the Director shall ensure that no multi-State qualified health plan offered in an Exchange provides health benefits coverage for which the expenditure of Federal funds is prohibited under chapter 4 . (c) Effective date The amendments made by subsection (a) shall apply to taxable years ending after December 31, 2023, but only with respect to plan years beginning after such date, and the amendment made by subsection (b) shall apply to plan years beginning after such date. 202. Revision of notice requirements regarding disclosure of extent of health plan coverage of abortion and abortion premium surcharges (a) In general Paragraph (3) of section 1303(b) of Public Law 111–148 42 U.S.C. 18023(b) (3) Rules relating to notice (A) In general The extent of coverage (if any) of services described in paragraph (1)(B)(i) or (1)(B)(ii) by a qualified health plan shall be disclosed to enrollees at the time of enrollment in the plan and shall be prominently displayed in any marketing or advertising materials, comparison tools, or summary of benefits and coverage explanation made available with respect to such plan by the issuer of the plan, by an Exchange, or by the Secretary, including information made available through an internet portal or Exchange under sections 1311(c)(5) and 1311(d)(4)(C). (B) Separate disclosure of abortion surcharges In the case of a qualified health plan that includes the services described in paragraph (1)(B)(i) and where the premium for the plan is disclosed, including in any marketing or advertising materials or any other information referred to in subparagraph (A), the surcharge described in paragraph (2)(B)(i)(II) that is attributable to such services shall also be disclosed and identified separately. . (b) Effective date The amendment made by subsection (a) shall apply to materials, tools, or other information made available more than 30 days after the date of the enactment of this Act.

No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2023

Helping Heroes Act of 2023 This bill implements programs and procedures related to the provision of support services for veterans and their families. First, the Department of Veterans Affairs (VA) must place at least one Family Coordinator at each of its medical centers and ensure adequate staffing and resources at each such medical center so the coordinators are able to carry out their duties. Family Coordinators must, among other duties, assess the needs of the families of veterans using evidence-based strategies and refer veterans to support resources. The VA must also establish the Family Support Program to provide and coordinate the provision of supportive services to veterans who have a service-connected disability rated at 70% or more and eligible children (i.e., individuals who are under 18 years of age and are wards, children, stepchildren, grandchildren, or siblings of the eligible veteran). Next, the VA must conduct an outreach program to ensure eligible veterans who enrolled in the VA health care system, employees of the VA, and other entities are informed of the Family Support Program and the availability of Family Coordinators. The VA must include information regarding supportive services available in the transition assistance curriculum for members of the Armed Forces who are being separated from active duty (and their families). Finally, the VA must conduct an annual survey of disabled veterans and their families to identify and better understand the needs of such persons.

118 S622 IS: Helping Heroes Act of 2023 U.S. Senate 2023-03-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 622 IN THE SENATE OF THE UNITED STATES March 2, 2023 Mrs. Murray Mr. Boozman Mr. Durbin Mr. Reed Mrs. Shaheen Mr. Sanders Mr. Wyden Mr. Kaine Ms. Murkowski Committee on Veterans' Affairs A BILL To improve services provided by the Department of Veterans Affairs for veteran families, and for other purposes. 1. Short title This Act may be cited as the Helping Heroes Act of 2023 2. Definitions In this Act: (1) Department The term Department (2) Disabled veteran The term disabled veteran (3) Eligible child The term eligible child (A) is a ward, child (including stepchild), grandchild, or sibling (including stepsibling or halfsibling) of the eligible veteran; and (B) is less than 18 years of age. (4) Eligible veteran The term eligible veteran (5) Family Coordinator The term Family Coordinator (6) Family Support Program The term Family Support Program (7) Non-Department provider The term non-Department provider (8) Secretary The term Secretary (9) Supportive services The term supportive services (A) wellness services, including mental, emotional, behavioral, and physical health and nutritional counseling and assistance; (B) peer-support programs for children; (C) assistance completing college admission and financial aid applications, including the Free Application for Federal Student Aid described in section 483(a) of the Higher Education Act ( 20 U.S.C. 1090 20 U.S.C. 1087vv (D) assistance with accessing workforce development programs, including programs providing the activities authorized under section 129 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164 29 U.S.C. 720 et seq. (E) sports and recreation; (F) after-school care and summer learning opportunities; (G) dependent care, including home and community-based services; (H) other resources for low-income families; (I) assistance transitioning from active duty in the Armed Forces to veteran status; and (J) any other services or activities the Secretary considers appropriate to support the needs of eligible children. 3. Requirements for Family Coordinators (a) In general Not later than three years after the date of the enactment of this Act, the Secretary shall— (1) place at each medical center of the Department not fewer than one Family Coordinator; and (2) ensure adequate staffing and resources at each such medical center to ensure Family Coordinators are able to carry out their duties. (b) Family Coordinators (1) Employment Each Family Coordinator placed at a medical center of the Department under subsection (a) shall be employed full-time by the Department as a Family Coordinator and shall have no other duties in addition to the duties of a Family Coordinator. (2) Qualifications (A) In general To qualify to be a Family Coordinator under subsection (a), an individual shall— (i) be a social worker licensed, registered, or certified in accordance with the requirements of any State; and (ii) have a graduate degree in social work or a related field. (B) Waiver The Secretary may waive the qualifications required by subparagraph (A) to permit individuals in other professions to serve as Family Coordinators. (3) Duties Each Family Coordinator shall— (A) assess the needs of the families of veterans using evidence-based strategies; (B) build positive relationships with such families; (C) refer veterans to local, State, and Federal resources that support veterans and their families; (D) develop and maintain a list of— (i) supportive services offered by the medical center at which the Family Coordinator is placed; and (ii) supportive services offered at reduced or no cost by non-Department providers located in the catchment area of such medical center; and (E) develop and maintain on an internet website a list of family resources that shall be made available for all veterans in the catchment area of such medical center who are enrolled in the patient enrollment system of the Department established and operated under section 1705(a) of title 38, United States Code. 4. Establishment of Family Support Program (a) In general Not later than one year after the date of the enactment of this Act, the Secretary shall establish a program to be known as the Family Support Program to provide and coordinate the provision of supportive services to eligible veterans and eligible children. (b) Implementation of Family Support Program To carry out the Family Support Program, the Secretary shall— (1) provide supportive services through medical centers of the Department; (2) collaborate with relevant Federal agencies to provide supportive services; (3) provide funding to non-Department providers pursuant to subsection (c); and (4) engage in any other activities the Secretary considers appropriate. (c) Funding to non-Department providers (1) In general The Secretary may enter into contracts and award grants to provide funding to eligible non-Department providers to participate in the Family Support Program. (2) Eligibility (A) In general The Secretary shall establish and make publicly available the criteria for a non-Department provider to be eligible to participate in the Family Support Program. (B) Criteria The criteria required by subparagraph (A) shall include requirements for a non-Department provider— (i) to provide a description of— (I) each supportive service proposed to be provided to eligible children; and (II) the demonstrated record of the non-Department provider in providing such supportive service; (ii) to demonstrate the ability to serve families of veterans in a manner that is trauma-informed and culturally and linguistically appropriate; and (iii) to agree to oversight by the Secretary regarding— (I) the use of funds provided by the Department under this subsection; and (II) the quality of supportive services provided. (3) Notice The Secretary shall promptly provide to eligible non-Department providers selected by the Secretary to participate in the Family Support Program notice of the award of funds under this subsection to ensure such providers have sufficient time to prepare to provide supportive services under the Family Support Program. (4) Authorized activities Funds provided under this subsection shall be used to provide supportive services. (5) Training For each non-Department provider selected by the Secretary to participant in the Family Support Program, the Secretary shall offer training and technical assistance regarding the planning, development, and provision of supportive services under the Family Support Program. (d) Coordination with other department of veterans affairs programs The Secretary shall share best practices with and facilitate referrals of eligible veterans and their families, as appropriate, from the Family Support Program to other programs of the Department, such as the program of support services for caregivers of veterans under section 1720G(b) of title 38, United States Code. (e) Reporting requirements (1) Annual report Not later than one year after the date of the commencement of the Family Support Program, and annually thereafter, each non-Department provider in receipt of funds under the Family Support Program shall submit to the Secretary a report describing the supportive services carried out with such funds during the year covered by such report. (2) Reports to Congress (A) Report on additional resources Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the potential need for additional resources for family members of eligible veterans other than eligible children. (B) Report on progress (i) In general Not later than one year after the commencement of the Family Support Program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the progress of the Family Support Program. (ii) Contents The report required by clause (i) shall include— (I) the number of eligible veterans and eligible children who received supportive services under the Family Support Program; (II) the demographic data of eligible veterans and family members, including— (aa) the relationship to the eligible veteran; (bb) age; (cc) race; (dd) ethnicity; (ee) gender identity; (ff) sexual orientation; (gg) disability; and (hh) English proficiency and whether a language other than English is spoken at home; (III) a summary of the supportive services carried out under the Family Support Program and the costs to the Department of such supportive services; and (IV) an assessment, measured by a survey of participants, of whether participation in the Family Support Program resulted in positive outcomes for eligible veterans and eligible children. 5. Outreach on availability of services The Secretary shall conduct an outreach program to ensure eligible veterans who are enrolled in the patient enrollment system of the Department established and operated under section 1705(a) of title 38, United States Code, employees of the Department, and potential State, local, and Federal entities are informed of the Family Support Program and the availability of Family Coordinators. 6. Transition assistance Not later than one year after the date of the enactment of this Act, the Secretary shall include information regarding supportive services available for members of the Armed Forces who are being separated from active duty and their families, including mental health and other services for children, in the transition assistance curriculum offered by the Department. 7. Survey (a) In general Not later than one year after the date of the enactment of this Act, and annually thereafter for five years, the Secretary shall conduct a survey of disabled veterans and their families to identify and better understand the needs of such disabled veterans and their families. (b) Content The survey required under subsection (a) shall include questions with respect to— (1) the types and quality of support disabled veterans receive from the children of such disabled veterans; and (2) the unmet needs of such children. 8. Nondiscrimination Programs or activities receiving funds under this Act may not discriminate on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity, disability status, or age. 9. Authorization of appropriations There are authorized to be appropriated to the Secretary such funds as may be necessary to carry out this Act.

Helping Heroes Act of 2023

IRS Whistleblower Program Improvement Act of 2023 This bill modifies provisions of the Internal Revenue Code relating to whistleblower protections. Specifically, the bill revises the standard for review of whistleblower awards in the Tax Court to require a de novo review standard (currently, the standard is abuse of discretion); exempts whistleblower awards from reductions due to budget sequestration; allows whistleblowers anonymity in proceedings before the Tax Court; modifies the Internal Revenue Service (IRS) whistleblower report to require inclusion of a list and description of the top 10 tax avoidance schemes disclosed by whistleblowers; requires the IRS to pay interest on whistleblower awards if not paid within one year of receipt of proceeds collected from whistleblower disclosures; and allows payment of the attorney fees of whistleblowers regardless of whether the whistleblower award was paid through the mandatory or the discretionary whistleblower award program.

118 S625 IS: IRS Whistleblower Program Improvement Act of 2023 U.S. Senate 2023-03-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 625 IN THE SENATE OF THE UNITED STATES March 2, 2023 Mr. Grassley Mr. Wyden Mr. Wicker Mr. Cardin Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify and reform rules relating to investigations and whistleblowers, and for other purposes. 1. Short title This Act may be cited as the IRS Whistleblower Program Improvement Act of 2023 2. Standard and scope of review of whistleblower award determination (a) In general Paragraph (4) of section 7623(b) (1) by striking appealed to reviewed by (2) by adding at the end the following: Any review by the Tax Court under the preceding sentence shall be de novo and shall be based on the administrative record established at the time of the original determination and any additional newly discovered or previously unavailable evidence. (b) Conforming amendment The heading of paragraph (4) of section 7623(b) Appeal Review (c) Effective date The amendments made by this section shall apply to cases under section 7623(b)(4) 3. Exemption from sequestration (a) In general Section 255 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 905 (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following: (k) Awards to whistleblowers An award authorized under section 7623 . (b) Applicability The amendment made by this section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. 4. Whistleblower privacy protections (a) In general Paragraph (6) of section 7623(b) (D) Whistleblower anonymity before the Tax Court Notwithstanding sections 7458 and 7461, the Tax Court shall grant a whistleblower’s request to proceed anonymously before the Court for all proceedings under this section absent a finding by the Tax Court that a heightened societal interest exists for disclosing the whistleblower’s identity, exceeding the normal interest in knowing a petitioner's identity. Should the Tax Court find that such a heightened societal interest exists, such interest shall be balanced against the potential harm disclosure could cause to the whistleblower. . (b) Effective date The amendments made by this section shall apply to petitions filed with the Tax Court which are pending on, or filed on or after, the date of the enactment of this Act. 5. Modification of IRS whistleblower report (a) In general Section 406(c) of division A of the Tax Relief and Health Care Act of 2006 is amended by striking such use, such use (which shall include a list and descriptions of the top tax avoidance schemes, not to exceed 10, disclosed by whistleblowers during such year), (b) Effective date The amendment made by this section shall apply to reports the due date for which are after the enactment of this Act. 6. Interest on whistleblower awards (a) In general Section 7623(b) (5) Interest (A) In general If the Secretary has not provided notice to an individual described in paragraph (1) of a preliminary award recommendation before the applicable date, the amount of any award under this subsection shall include interest from such date at the overpayment rate under section 6621(a). (B) Exception No interest shall accrue under this paragraph after the date on which the Secretary provides notice to the individual of a preliminary award recommendation. (C) Applicable date For purposes of this paragraph, the applicable date is the date that is 12 months after the first date on which— (i) all of the proceeds resulting from actions subject to the award recommendation have been collected, and (ii) either— (I) the statutory period for filing a claim for refund has expired, or (II) the taxpayers subject to the actions and the Secretary have agreed with finality to the tax or other liabilities for the periods at issue, and either the taxpayers have waived the right to file a claim for refund or any claim for refund has been resolved. . (b) Effective date (1) In general The amendments made by this section shall take effect 180 days after the date of the enactment of this Act. (2) Special rule In the case of a claim for a whistleblower award under section 7623(b) (A) the Secretary of the Treasury has not provided notice to the individual of a preliminary award recommendation as described in paragraph (5)(A) of such section, as added by this Act, and (B) the applicable date provided in paragraph (5)(C) of such section, as so added, has passed, the applicable date for purposes of such paragraph (5)(C) is the date that is 12 months after the date described in paragraph (1). 7. Correction regarding deductions for attorney's fees (a) In general Section 62(a)(21)(A)(i) 7623(b) 7623 (b) Effective date The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act.

IRS Whistleblower Program Improvement Act of 2023

Primary Care Enhancement Act of 2023 This bill allows a medical expense tax deduction for direct primary care service arrangements and provides that participation in such arrangements does not disqualify patients from making tax deductible contributions to health savings accounts.

118 S628 IS: Primary Care Enhancement Act of 2023 U.S. Senate 2023-03-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 628 IN THE SENATE OF THE UNITED STATES March 2, 2023 Mr. Cassidy Mrs. Shaheen Mr. Scott of South Carolina Mr. Kelly Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for the treatment of direct primary care service arrangements as medical care, to provide that such arrangements do not disqualify deductible health savings account contributions, and for other purposes. 1. Short title This Act may be cited as the Primary Care Enhancement Act of 2023 2. Treatment of direct primary care service arrangements (a) Amount treated as medical care (1) In general Section 213(d)(1) or , or (E) for direct primary care service arrangements. . (2) Limitation Section 213(d)(1) of such Code, as amended by paragraph (1), is further amended by adding at the end the following: In the case of a direct care primary service arrangement, only eligible fee amounts (as defined in paragraph (13)) shall be taken into account under subparagraph (E). (3) Definitions Section 213(d) of such Code is amended by inserting after paragraph (11) the following new paragraphs: (12) Direct primary care service arrangement (A) In general The term direct primary care service arrangement (B) Certain services specifically excluded from treatment as primary care services For purposes of this paragraph, the term primary care services (i) procedures that require the use of general anesthesia, and (ii) laboratory services not typically administered in an ambulatory primary care setting. The Secretary, after consultation with the Secretary of Health and Human Services, shall issue regulations or other guidance regarding the application of this subparagraph. (13) Eligible fee amount (A) In general The term eligible fee amount (B) Indexing In the case of any taxable year beginning in a calendar year after 2024, the $150 amount contained in subparagraph (A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins determined by substituting calendar year 2023 calendar year 2016 If any increase under the preceding sentence is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10. . (b) Health savings accounts Section 223(c) (6) Treatment of direct primary care service arrangements A direct care primary service arrangement (as defined in section 213(d)(12))— (A) shall not be treated as a health plan for purposes of paragraph (1)(A)(ii), and (B) shall not be treated as insurance for purposes of subsection (d)(2)(B). . (c) Reporting of direct primary care service arrangement fees on W–2 Section 6051(a) and , and (18) in the case of a direct primary care service arrangement (as defined in section 213(d)(12)) which is provided in connection with employment, the aggregate fees for such arrangement for such employee. . (d) Effective date The amendments made by this section shall apply to months beginning after December 31, 2023, in taxable years ending after such date.

Primary Care Enhancement Act of 2023

American Vehicle Security Act of 2023 This bill requires the immediate implementation of amendments to the tax credit for new clean vehicles enacted by the Inflation Reduction Act of 2022. The amendments include requirements for vehicle assembly and critical mineral and battery sourcing for manufacturers.

117 S63 IS: American Vehicle Security Act of 2023 U.S. Senate 2023-01-25 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. 63 IN THE SENATE OF THE UNITED STATES January 25, 2023 Mr. Manchin Mr. Braun Committee on Finance A BILL To adjust the effective date for application of certain amendments made with respect to the credit for new clean vehicles. 1. Short title This Act may be cited as the American Vehicle Security Act of 2023 2. Application of certain amendments made with respect to the credit for new clean vehicles (a) In general Section 13401(k) of Public Law 117–169 (1) in paragraph (1), by striking paragraphs (2), (3), (4), and (5) paragraphs (2), (3), and (4) (2) by striking paragraph (3), and (3) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (b) Effective date The amendments made by this section shall take effect as if included in the enactment of section 13401 of Public Law 117–169

American Vehicle Security Act of 2023

ATF Transparency Act This bill modifies procedural requirements related to the transfer or making of firearms that are subject to regulation under the National Firearms Act (e.g., machine guns, short-barreled shotguns, and silencers). The bill permits the transfer of a firearm if 90 days have elapsed since the application to transfer the firearm was filed, and the application has not been denied. Additionally, the bill establishes an administrative relief process with respect to an application to transfer that is denied. The bill permits the making of a firearm if 90 days have elapsed since the application to make the firearm was filed, and the application has not been denied. Finally, the bill requires reports on firearms-related background check inquiries that remain unresolved after 90 days and the percentage of firearms-related background check inquiries related to the transfer of a firearm that were administered by the Federal Bureau of Investigation.

118 S632 IS: ATF Transparency Act U.S. Senate 2023-03-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 632 IN THE SENATE OF THE UNITED STATES March 2, 2023 Mr. Risch Mr. Scott of Florida Mr. Crapo Ms. Lummis Mr. Lankford Mr. Marshall Committee on the Judiciary A BILL To amend the Internal Revenue Code of 1986 to require the Bureau of Alcohol, Tobacco, Firearms and Explosives to establish an administrative relief process for individuals whose applications for transfer and registration of a firearm were denied, and for other purposes. 1. Short title This Act may be cited as the ATF Transparency Act 2. Administrative relief for denial of firearm transfer application (a) In general Section 5812 (c) Administrative relief (1) In general With respect to any application described in subsection (a) for the transfer and registration of a firearm which is denied by the Secretary based on a determination that transferring the firearm to the transferee would violate subsection (d) of section 922 of title 18, United States Code, or receipt of the firearm by the transferee would violate subsection (g) or (n) of that section or State, local, or tribal law, the Secretary shall— (A) provide the transferee with the relevant NICS transaction number with respect to such application, (B) permit such transferee to appeal such denial to the Secretary in a manner similar to the process for appeals provided under section 25.10 of title 28, Code of Federal Regulations, and (C) permit such transferee to provide information to the Secretary to prevent any subsequent erroneous denial or extended delay by NICS pursuant to a program (as established by the Secretary) similar to the Voluntary Appeal File program described in section 25.10(g) of title 28, Code of Federal Regulations. (2) Attorney fees In the case of any successful appeal by the transferee pursuant to the process described in paragraph (1)(B), the Secretary shall reimburse the transferee for any reasonable and necessary attorney fees incurred with respect to such appeal. (3) NICS For purposes of this subsection, the term NICS 34 U.S.C. 40901 . (b) Effective date The amendment made by this section shall apply to applications for the transfer and registration of a firearm which are filed or pending on or after the date of enactment of this Act. 3. Timely processing of applications (a) Transfer of firearms Section 5812 (d) Processing of applications Notwithstanding subsection (a), if an application described in such subsection with respect to the transfer and registration of a firearm has been filed with the Secretary and the Secretary fails to make a determination regarding whether to approve or deny such application prior to the date which is 90 calendar days after the date on which such application was originally filed by the transferor, the transfer and registration of such firearm to the transferee shall be deemed to have been approved by the Secretary for purposes of this section and such transfer may be made. The Secretary shall only deny an application described in subsection (a) on the grounds that the applicable requirements under such subsection have not been satisfied, and may not deny an application solely on the grounds that a determination regarding whether to approve or deny such application could not be completed by the Secretary during the period described in the preceding sentence. . (b) Making of firearms Section 5822 Notwithstanding the preceding sentences, if a person files an application to make and register a firearm with the Secretary and the Secretary fails to make a determination regarding whether to approve or deny such application prior to the date which is 90 calendar days after the date on which such application was originally filed by such person, such application shall be deemed to have been approved by the Secretary for purposes of this section and such firearm may be made by such person. The Secretary shall only deny an application to make and register a firearm on the grounds that the applicable requirements under this section have not been satisfied, and may not deny an application solely on the grounds that a determination regarding whether to approve or deny such application could not be completed by the Secretary during the period described in the preceding sentence. (c) Effective date The amendments made by this section shall apply to applications which are filed or pending on or after the date of enactment of this Act. 4. Reports and agreements (a) Unresolved NICS checks Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States, in conjunction with the Inspector General of the Department of Justice, shall submit a report to Congress— (1) detailing the number of NICS inquiries received during the period of calendar years 2010 through 2021 with respect to the transfer of a firearm which remained unresolved following the expiration of the 90-day period described in section 25.9(b)(1) of title 28, Code of Federal Regulations; and (2) providing recommendations for administrative actions to be adopted by the Bureau of Alcohol, Tobacco, Firearms and Explosives to minimize the number of unresolved NICS inquiries described in paragraph (1). (b) Administration of NICS checks Not later than 180 days after the date of enactment of this Act, the Inspector General of the Department of Justice shall submit a report to Congress regarding the percentage of NICS inquiries during the period of calendar years 2014 through 2021 with respect to the transfer of a firearm which were administered by the Federal Bureau of Investigation on behalf of the Bureau of Alcohol, Tobacco, Firearms and Explosives. (c) Memorandum of understanding Not later than 180 days after the date of enactment of this Act, the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Director of the Federal Bureau of Investigation shall enter into a memorandum of understanding regarding the administration and processing of NICS inquiries with respect to the transfer of firearms. (d) Definitions In this section— (1) Firearm The term firearm section 5845(a) (2) NICS The term NICS 34 U.S.C. 40901

ATF Transparency Act

Everett Alvarez, Jr., Congressional Gold Medal Act of 2023 This bill provides for the award of a Congressional Gold Medal to Everett Alvarez, Jr. in recognition of his service to the United States.

118 S633 IS: Everett Alvarez, Jr. Congressional Gold Medal Act of 2023 U.S. Senate 2023-03-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 633 IN THE SENATE OF THE UNITED STATES March 2, 2023 Mr. Padilla Ms. Lummis Committee on Banking, Housing, and Urban Affairs A BILL To award a Congressional Gold Medal to Everett Alvarez, Jr., in recognition of his service to the United States. 1. Short title This Act may be cited as the Everett Alvarez, Jr. Congressional Gold Medal Act of 2023 2. Findings Congress finds the following: (1) Commander Everett Alvarez, Jr. (referred to in this section as CDR Alvarez (A) the first United States pilot to be shot down and captured during the Vietnam War; and (B) the second-longest-held prisoner of war in the history of the United States, surviving more than 8 1/2 (2) CDR Alvarez was born in Salinas, California, in 1937 and was the grandchild of Mexican immigrants. (3) CDR Alvarez attended Salinas Union High School and Hartnell College and received a bachelor of science degree from Santa Clara University. (4) In 1960, CDR Alvarez joined the Navy and was commissioned as Ensign. (5) After receiving his commission, CDR Alvarez attended flight training at the Naval Air Training Command in Pensacola, Florida. (6) In June 1961, CDR Alvarez was transferred to the Naval Auxiliary Air Station in Kingsville, Texas, where he trained until December 1961. (7) CDR Alvarez was promoted to Lieutenant Junior Grade in April 1962. (8) In June 1962, CDR Alvarez joined Attack Squadron 144, nicknamed the Roadrunners (9) On August 5, 1964, while flying Operation Pierce Arrow from the USS Constellation near the Vietnam-China border, CDR Alvarez’s A–4 Skyhawk was shot down, and he was captured by a Vietnamese fishing vessel. (10) Upon capture, CDR Alvarez was taken to the Hòa Lò Prison in Hanoi, known to many former prisoners as the Hanoi Hilton (11) CDR Alvarez spent his first 13 months, 8 days, and 5 hours in isolation. (12) While at Hòa Lò, CDR Alvarez was repeatedly beaten and tortured, was fed inedible meals, and suffered malnourishment. (13) In September 1965, CDR Alvarez was moved to the Briarpatch (14) Despite torture and interrogation, CDR Alvarez remained loyal to the United States and assisted other American prisoners of war. (15) CDR Alvarez, through his own actions, encouraged and inspired fellow prisoners of war to return with honor (16) At great risk, CDR Alvarez helped spread the means of communication among fellow prisoners of war, including the tap code and the mute hand code, to keep up spirits and stay organized. (17) On July 6, 1966, CDR Alvarez and 51 other American prisoners of war were forced to march in the Hanoi Parade (18) CDR Alvarez was released on February 12, 1973, after spending 3,113 days, or 8 years and 6 months, in captivity. (19) Following his release and hospitalization, CDR Alvarez resumed his service in the Navy, returning to Naval Air Station Kingsville for refresher flight training. (20) CDR Alvarez— (A) attended the Naval Postgraduate School in Monterey, California, and received a master’s degree in operations research and systems analysis in 1976; and (B) was inducted into the Alumni Hall of Fame of the Naval Postgraduate School on March 27, 2015. (21) CDR Alvarez served in Program Management at the Naval Air Systems command in Washington, DC, from October 1976 until his retirement. (22) CDR Alvarez retired from the Navy on June 30, 1980, after a 20-year career in the Navy. (23) In April 1981, President Ronald Reagan appointed CDR Alvarez as Deputy Director of the Peace Corps, where he served until 1982. (24) In July 1982, President Reagan nominated CDR Alvarez to be Deputy Administrator of the Veterans Administration, now known as the Department of Veterans Affairs, where he served until 1986. (25) CDR Alvarez earned his juris doctor from the George Washington University Law School in 1983 and has been admitted to the District of Columbia bar. (26) In February 1987, President Reagan appointed CDR Alvarez to the Board of Regents of the Uniformed Services University of the Health Sciences, where he served for nearly 21 years. (27) For his service, CDR Alvarez was awarded the Silver Star Medal, 2 Legions of Merit, the Distinguished Flying Cross, 2 Bronze Star Medals, 2 Purple Hearts, and the Prisoner of War Medal. (28) On September 18, 2012, the United States Navy Memorial awarded CDR Alvarez the Lone Sailor Award (29) The people of the United States honor the sacrifices of CDR Alvarez and his service to the United States. 3. Congressional Gold Medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to Everett Alvarez, Jr., in recognition of his service to the United States. (b) Design and striking (1) In general For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary (2) Image and inscription The gold medal struck under paragraph (1) shall bear an image of, and the inscription of the name of, Everett Alvarez, Jr. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. 5. Status of medals (a) National medals Medals struck under this Act are national medals for purposes of chapter 51 (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.

Everett Alvarez, Jr. Congressional Gold Medal Act of 2023

Protecting Minors from Medical Malpractice Act of 2023 This bill makes a medical practitioner who performs a gender-transition procedure on an individual who is less than 18 years of age liable for any physical, psychological, emotional, or physiological harms from the procedure for 30 years after the individual turns 18. Additionally, if a state requires medical practitioners to perform gender-transition procedures, that state shall be ineligible for federal funding from the Department of Health and Human Services. Gender-transition procedures generally include certain surgeries or hormone therapies that change the body of an individual to correspond to a sex that is discordant with the individual's biological sex. They exclude, however, interventions to treat (1) individuals who either have ambiguous external biological sex characteristics or lack a normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action; (2) infections, injuries, diseases, or disorders caused by a gender-transition procedure; or (3) a physical disorder, injury, or illness that places an individual in imminent danger of death or impairment of a major bodily function.

118 S635 IS: Protecting Minors from Medical Malpractice Act of 2023 U.S. Senate 2023-03-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 635 IN THE SENATE OF THE UNITED STATES March 2, 2023 Mr. Cotton Mr. Braun Mr. Cruz Mr. Daines Mr. Lankford Mr. Mullin Mr. Rubio Mr. Vance Committee on the Judiciary A BILL To protect children from medical malpractice in the form of gender transition procedures. 1. Short title This Act may be cited as the Protecting Minors from Medical Malpractice Act of 2023 2. Private right of action for a gender-transition procedure performed on a minor (a) In general A medical practitioner, in any circumstance described in subsection (c), who performs a gender-transition procedure on an individual who is less than 18 years of age shall, as described in subsection (b), be liable to the individual if injured (including any physical, psychological, emotional, or physiological harms) by such procedure, related treatment, or the aftereffects of the procedure or treatment. (b) Private right of action An individual covered by subsection (a) who receives a gender-transition procedure from a medical practitioner (or a representative, including a legal guardian, on behalf of such individual) may, not later than the day that is 30 years after the date on which the individual turns 18 years of age, bring a civil action against such medical practitioner in a court of competent jurisdiction for— (1) declaratory or injunctive relief; (2) compensatory damages; (3) punitive damages; and (4) attorney’s fees and costs. (c) Circumstances For the purposes of subsection (a), the circumstances described in this subsection are that— (1) the medical practitioner or the individual receiving the gender-transition procedure traveled in interstate or foreign commerce, or traveled using a means, channel, facility, or instrumentality of interstate or foreign commerce, in furtherance of or in connection with the conduct described in subsection (a); (2) the medical practitioner used a means, channel, facility, or instrumentality of interstate or foreign commerce in furtherance of or in connection with the conduct described in subsection (a); (3) any payment of any kind was made, directly or indirectly, in furtherance of or in connection with the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce; (4) the medical practitioner transmitted in interstate or foreign commerce any communication relating to or in furtherance of the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means or in any manner, including by computer, mail, wire, or electromagnetic transmission; (5) any instrument, item, substance, or other object that has traveled in interstate or foreign commerce was used to perform the conduct described in subsection (a); (6) the conduct described in subsection (a) occurred within the special maritime and territorial jurisdiction of the United States, or any territory or possession of the United States; or (7) the conduct described in subsection (a) otherwise occurred in or affected interstate or foreign commerce. 3. Preserving freedom of conscience and medical judgement for medical providers Notwithstanding any other provision of law, no provision of Federal law shall require, or be construed to require, a medical practitioner to perform a gender-transition procedure. 4. Prohibition on funding for certain States Notwithstanding any other provision of law, any State that requires medical practitioners to perform any gender-transition procedure on an individual in the State shall be ineligible to receive any Federal funding from the Department of Health and Human Services. 5. Definitions In this Act: (1) Biological sex The term biological sex (2) Gender-transition procedure (A) In general Except as provided in subparagraph (B), the term gender-transition procedure (i) the prescription or administration of 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; (ii) the prescription or administration of cross-sex hormones 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; 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. (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 section 2; 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. (3) Medical practitioner The term medical practitioner 6. Effective date This Act shall take effect on the date of enactment of this Act.

Protecting Minors from Medical Malpractice Act of 2023

Child Labor Prevention Act This bill extends the prohibitions against child labor to independent contractors and increases the penalties for violations of such laws. Specifically, the bill expands the definition of an employer under the Fair Labor Standards Act of 1938 to include any person engaging an individual for the performance of work (including an independent contractor). The bill also expands the definition of work to include the performance of services for remuneration. Further, the bill replaces the current maximum civil penalty of $11,000 for a violation of the child labor laws with a minimum civil penalty of $5,000 and a maximum of $132,270 (or, in the case of a violation that causes death or serious injury, $25,000 and $601,150, respectively). The civil penalties must be increased annually to match any percent increase in the Consumer Price Index. Repeat or willful offenders may be fined not more than $50,000 and imprisoned for not more than 1 year.

118 S637 IS: Child Labor Prevention Act U.S. Senate 2023-03-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 637 IN THE SENATE OF THE UNITED STATES March 2, 2023 Mr. Schatz Mr. Fetterman Mr. Durbin Ms. Cortez Masto Ms. Baldwin Ms. Duckworth Committee on Health, Education, Labor, and Pensions A BILL To amend the Fair Labor Standards Act of 1938 to apply child labor laws to independent contractors, increase penalties for child labor law violations, and for other purposes. 1. Short title This Act may be cited as the Child Labor Prevention Act 2. Amendments to the Fair Labor Standards Act of 1938 (a) Application to workers The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. (1) in section 3 ( 29 U.S.C. 203 (A) in subsection (d)— (i) by striking Employer (1) Employer (ii) by inserting (or, for purposes of any child labor provision of this Act, including paragraph (2), subsection (aa), section 12, and any provision of this Act administering or enforcing such a child labor provision, a worker) employee (iii) by adding at the end the following: (2) Notwithstanding any other provision in this section, for purposes of any child labor provision of this Act, including subsections (l) and (aa), section 12, and any provision of this Act administering or enforcing such a child labor provision, the term employer ; (B) in subsection (j)— (i) by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, worker) employee (ii) by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, engaged for work) was employed (C) in subsection (l)— (i) by striking employment under work under (ii) by striking employee worker (iii) by striking is employed by performs work for (iv) by striking employing engaging for work (v) by striking employment of engagement for work of (vi) by striking employment in engagement for work in (vii) by striking employees workers (viii) by striking such employment such work (D) in subsection (s), by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, workers) employees (E) by adding at the end the following: (z) Work (aa) Worker ; (2) in section 11 ( 29 U.S.C. 211 (A) in subsection (a)— (i) by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, work) employment (ii) by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, workers) such employees (B) in subsection (c)— (i) by inserting or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, the persons working for the employer employed by him (ii) by inserting (or, for purposes of any such child labor provision of this Act, work) employment (3) in section 12 ( 29 U.S.C. 212 (A) in subsection (b), by striking employment of engagement for work of (B) in subsection (d), by striking employee worker (4) in section 13 ( 29 U.S.C. 213 (A) in subsection (c)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A)— (aa) by striking employee worker (bb) by striking employed in engaged for work in (cc) by striking so employed so engaged (II) in subparagraph (A)— (aa) by striking employed by engaged for work by (bb) by striking is employed with is engaged for work with (cc) by striking employees workers (III) in subparagraph (B)— (aa) by striking such employment such engagement for work (bb) by striking employed engaged for work (cc) by striking employee worker (ii) in paragraph (2)— (I) by striking employee worker (II) by striking employed in engaged for work in (III) by striking employment of engagement for work of (IV) by striking employed by so engaged by (iii) in paragraph (3), by striking employed engaged for work (iv) in paragraph (4)— (I) in subparagraph (A)— (aa) in the matter preceding clause (i)— (AA) by striking employment engagement for work (BB) by striking employed engaged for work (bb) in clause (ii), by striking employment engagement for work (cc) in clause (iv), by striking employment engagement for work (dd) in clause (v), by striking employed engaged for work (II) in subparagraph (B), by striking employed engaged for work (v) in paragraph (5)— (I) by striking employee worker (II) by striking employees workers (III) in subparagraph (C)— (aa) in clause (i), by striking employee's worker's (bb) in clause (iii)(I), by striking employment work (vi) in paragraph (6)— (I) in the matter preceding subparagraph (A)— (aa) by striking employees who are under workers who are under (bb) by striking Employee who are 17 Workers who are 17 (II) by striking employee worker (III) by striking employee's worker's (IV) by striking of employment of work (V) in subparagraph (F), by striking employees of workers of (VI) in subparagraph (G), by striking employment engagement for work (vii) in paragraph (7)— (I) in subparagraph (A)(i), by striking employed engaged for work (II) in subparagraph (B), in the matter preceding clause (i), by striking employment engagement for work (B) in subsection (d), by inserting (or, for purposes of section 12, worker) any employee (C) in subsection (f), by inserting (or, for purposes of section 11 (with respect to any child labor provision of this Act) and 12, worker) any employee (5) in section 16(e)(1)(A) ( 29 U.S.C. 216(e)(1)(A) employee worker (6) in section 18C ( 29 U.S.C. 218c (A) by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, worker) employee (B) by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, of work) employment (b) Civil penalties Section 16(e)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(e)(1) (1) in subparagraph (A)— (A) in the matter preceding clause (i), by striking not to exceed of an amount (subject to subparagraph (C)) that is (B) in clause (i), by striking $11,000 not less than $5,000 and not more than $132,270 (C) in clause (ii), by striking $50,000 not less than $25,000 and not more than $601,150 (2) by adding at the end the following: (C) The dollar amounts referred to in clauses (i) and (ii) of subparagraph (A) shall be increased annually, for fiscal year 2024 and every fiscal year thereafter, by the percent increase, if any, in the consumer price index for all urban consumers (all items; United States city average) for the most recent 12-month period for which applicable data is available. . (c) Criminal penalties Section 16(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(a) (1) by striking Any (1) Any (2) by inserting (other than subsection (a)(4) of such section) section 15 (3) by striking subsection paragraph (4) by adding at the end the following: (2) Any person who repeatedly or willfully violates section 15(a)(4) shall upon conviction thereof be subject to a fine of not more than $50,000, or to imprisonment for not more than 1 year, or both. . 3. Effective dates (a) Application to all workers The amendments made by section 2(a) shall take effect on the date that is 90 days after the date of enactment of this Act. (b) Penalties The amendments made by subsections (b) and (c) of section 2 shall apply with respect to violations alleged to have occurred on or after the date of the enactment of this Act.

Child Labor Prevention Act

Historic Tax Credit Growth and Opportunity Act of  2023 This bill increases the rehabilitation tax credit and modifies certain requirements for the credit. The bill increases the rate of the credit to 30%  for small projects (rehabilitation expenditures not exceeding $3.75 million) and caps the credit for such projects at $750,000 for all taxable years. The bill also expands the types of buildings eligible for rehabilitation by decreasing the rehabilitation threshold from 100% to 50% of project expenses. It also eliminates the basis adjustment requirement for the credit and modifies rules relating to the eligibility of tax-exempt use property for the credit.

118 S639 IS: Historic Tax Credit Growth and Opportunity Act of 2023 U.S. Senate 2023-03-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 639 IN THE SENATE OF THE UNITED STATES March 2, 2023 Mr. Cardin Mr. Cassidy Ms. Cantwell Ms. Collins Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to improve the historic rehabilitation tax credit, and for other purposes. 1. Short title This Act may be cited as the Historic Tax Credit Growth and Opportunity Act of 2023 2. Increase in the rehabilitation credit for certain small projects (a) In general Section 47 (e) Special rule regarding certain small projects (1) In general In the case of any qualified rehabilitated building or portion thereof— (A) which is placed in service after the date of the enactment of this subsection, and (B) which is a small project, subsection (a)(2) shall be applied by substituting 30 percent 20 percent (2) Maximum credit The credit under this section (after application of this subsection) with respect to any project for all taxable years shall not exceed $750,000. (3) Small project (A) In general For purposes of this subsection, the term small project (i) the total qualified rehabilitation expenditures taken into account for purposes of this section with respect to the rehabilitation do not exceed $3,750,000, and (ii) no credit was allowed under this section for either of the two immediately preceding taxable years with respect to such building. (B) Progress expenditures Credit allowable by reason of subsection (d) shall not be taken into account under subparagraph (A)(ii). . (b) Effective date The amendment made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) 3. Increasing the type of buildings eligible for rehabilitation (a) In general Section 47(c)(1)(B)(i)(I) 50 percent of the adjusted basis (b) Effective date The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2022. 4. Elimination of rehabilitation credit basis adjustment (a) In general Section 50(c) (6) Exception for rehabilitation credit In the case of the rehabilitation credit, paragraph (1) shall not apply. . (b) Treatment in case of credit allowed to lessee Section 50(d) of such Code is amended by adding at the end the following: In the case of the rehabilitation credit, paragraph (5)(B) of the section 48(d) referred to in paragraph (5) of this subsection shall not apply. (c) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. 5. Modifications regarding certain tax-exempt use property (a) In general Section 47(c)(2)(B)(v) (III) Disqualified lease rules to apply only in case of government entity For purposes of subclause (I), except in the case of a tax-exempt entity described in section 168(h)(2)(A)(i), the determination of whether property is tax-exempt use property shall be made under section 168(h) without regard to whether the property is leased in a disqualified lease (as defined in section 168(h)(1)(B)(ii)). . (b) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Historic Tax Credit Growth and Opportunity Act of 2023

Water Rights Protection Act of 2023 This bill addresses issues of water rights with respect to lands under the jurisdiction of the Department of the Interior and the Department of Agriculture, including water rights of federally recognized Indian tribes. Specifically, such departments must ensure that federal action imposes no greater restriction or regulatory requirement than under applicable state water law. Further, such departments shall not take actions that adversely affect state authority in permitting water usage or in adjudicating water rights. The bill also prohibits such departments from requiring water users to transfer water rights to the United States or acquire water rights in the name of the United States as a condition of issuing or renewing a land use or occupancy agreement.

118 S64 IS: Water Rights Protection Act of 2023 U.S. Senate 2023-01-25 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. 64 IN THE SENATE OF THE UNITED STATES January 25, 2023 Mr. Barrasso Mr. Risch Mr. Crapo Committee on Energy and Natural Resources A BILL To prohibit the conditioning of any permit, lease, or other use agreement on the transfer of any water right to the United States by the Secretary of the Interior and the Secretary of Agriculture, and for other purposes. 1. Short title This Act may be cited as the Water Rights Protection Act of 2023 2. Definitions In this Act: (1) Secretary The term Secretary (A) the Secretary of Agriculture; or (B) the Secretary of the Interior. (2) Water right The term water right 3. Policy development In developing any rule, policy, directive, management plan, or similar Federal action relating to the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, the Secretary— (1) shall— (A) recognize the longstanding authority of the States relating to evaluating, protecting, allocating, regulating, permitting, and adjudicating water use; and (B) coordinate with the States to ensure that any rule, policy, directive, management plan, or similar Federal action is consistent with, and imposes no greater restriction or regulatory requirement, than applicable State water law; and (2) shall not— (A) assert any connection between surface water and groundwater that is inconsistent with such a connection recognized by State water law; or (B) take any action that adversely affects— (i) the authority of a State in— (I) permitting the beneficial use of water; or (II) adjudicating water rights; (ii) any definition established by a State with respect to the term beneficial use priority of water rights terms of use (iii) any other right or obligation of a State established under State law. 4. Treatment of water rights The Secretary shall not— (1) condition the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on the transfer of any water right (including joint and sole ownership) directly or indirectly to the United States, or on any impairment of title or interest, in whole or in part, granted or otherwise recognized under State law, by Federal or State adjudication, decree, or other judgment, or pursuant to any interstate water compact; (2) require any water user (including any federally recognized Indian Tribe) to apply for or acquire a water right in the name of the United States under State law as a condition of the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement; or (3) condition or withhold the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, in whole or in part, on— (A) limiting the date, time, quantity, location of diversion or pumping, or place of use of a State water right beyond any applicable limitations under State water law; or (B) the modification of the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a State. 5. Effect (a) Reclamation contracts Nothing in this Act in any way interferes with any existing or future Bureau of Reclamation contract entered into pursuant to Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act). (b) Endangered species act Nothing in this Act affects the implementation of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (c) Federal reserved water rights Nothing in this Act limits or expands any existing or future reserved water rights of the Federal Government on land administered by the Secretary. (d) Federal power act Nothing in this Act limits or expands authorities pursuant to sections 4(e), 10(j), or 18 of the Federal Power Act ( 16 U.S.C. 797(e) (e) Indian water rights Nothing in this Act limits or expands any existing or future reserved water right or treaty right of any federally recognized Indian Tribe. (f) Federally held state water rights Nothing in this Act limits the ability of the Secretary, through applicable State procedures, to acquire, use, enforce, or protect a State water right owned by the United States. (g) Interstate Compacts Nothing in this Act affects an allocation contained in, or limitations and requirements of, any interstate water compact or decree of the Supreme Court of the United States interpreting or enforcing an interstate water compact.

Water Rights Protection Act of 2023

Finn Sawyer Access to Cancer Testing Act This bill provides for coverage of certain cancer diagnostic and laboratory tests under Medicare, Medicaid, and the Children's Health Insurance Program (CHIP). Specifically, the bill provides for coverage of microarray analysis, DNA and RNA sequencing, whole-exome sequencing, and other next-generation sequencing for individuals diagnosed with cancer. Additionally, the Department of Health and Human Services must establish an education and awareness program for physicians and the public about genomic testing and the role of genetic counselors.

117 S642 IS: Finn Sawyer Access to Cancer Testing Act U.S. Senate 2023-03-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 642 IN THE SENATE OF THE UNITED STATES March 2, 2023 Ms. Klobuchar Mr. Wicker Committee on Finance A BILL To facilitate the development of treatments for cancers, and for other purposes. 1. Short title This Act may be cited as the Finn Sawyer Access to Cancer Testing Act 2. Coverage of cancer diagnostic and laboratory tests (a) Medicare (1) Coverage Section 1861 of the Social Security Act ( 42 U.S.C. 1395x (A) in subsection (s)(2)— (i) in subparagraph (II), by striking and (ii) in subparagraph (JJ), by adding and (iii) by adding at the end the following new subparagraph: (KK) cancer diagnostic and laboratory tests (as defined in subsection (nnn)) furnished on or after the date that is 6 months after the date of the enactment of this subparagraph. ; and (B) by adding at the end the following new subsection: (nnn) Cancer diagnostic and laboratory tests (1) In general The term cancer diagnostic and laboratory tests (A) microarray analysis, DNA sequencing, RNA sequencing, whole-exome sequencing, and other forms of next-generation sequencing furnished and reported by a clinical laboratory (as defined in section 353(a) of the Public Health Service Act); and (B) explanation and interpretation of any analysis or sequencing described in subparagraph (A); furnished to an individual diagnosed with cancer. (2) Frequency When an individual test as described in paragraph (1) reports out the same genetic content, it may only be furnished with respect to an individual diagnosed with a cancer— (A) once upon the diagnosis of such cancer; (B) once upon any recurrence of such cancer; and (C) as necessary for purposes of planning treatment or monitoring the progression of such cancer or the response of such cancer to treatment. . (2) Payment Section 1833 of the Social Security Act ( 42 U.S.C. 1395l (A) in subsection (a)(1)— (i) by striking and (HH) (ii) by inserting the following before the semicolon: , and (II) with respect to cancer diagnostic and laboratory tests (as defined in section 1861(nnn)), the amount paid shall be an amount equal to 80 percent (or 100 percent, in the case of such tests for which payment is made on an assignment-related basis) of the lesser of the actual charge for the test or the amount that would have been determined for such test under section 1834A had such test been a clinical diagnostic laboratory test; (B) in subsection (b)— (i) by striking , and (13) (13) (ii) by striking 1861(n). section 1861(n), and (14) such deductible shall not apply with respect to cancer diagnostic and laboratory tests (as defined in section 1861(nnn)) (3) Exclusion modification Section 1862(a)(1) of the Social Security Act ( 42 U.S.C. 1395y(a)(1) (A) in subparagraph (O), by striking and (B) in subparagraph (P), by striking the semicolon and inserting , and (C) by adding at the end the following new subparagraph: (Q) in the case of cancer diagnostic and laboratory tests (as defined in section 1861(nnn)), which are performed more frequently than is covered under such section; . (b) Medicaid (1) Inclusion as medical assistance Section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) (A) in paragraph (30), by striking and (B) by redesignating paragraph (31) as paragraph (32); and (C) by inserting after paragraph (30) the following new paragraph: (31) cancer diagnostic and laboratory tests (as defined in section 1861(nnn)); and . (2) Mandatory coverage Section 1902(a)(10)(A) of such Act is amended, in the matter preceding clause (i), by striking and (30) (30), and (31) (3) Inclusion in benchmark coverage Section 1937(b)(5) of such Act is amended by inserting before the period at the end the following: , and beginning January 1, 2025, coverage of cancer diagnostic and laboratory tests (as defined in section 1861(nnn)) (4) Conforming amendments Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (A) in section 1902(nn)(3), by striking paragraph (30) of section 1905(a) the last numbered paragraph of the first sentence of section 1905(a) (B) in section 1905(a), in the 4th sentence in the flush matter following the last numbered paragraph of the first sentence of such section, by striking paragraph (30) the last numbered paragraph (5) Effective date (A) In general The amendments made by this section shall apply with respect to items and services furnished on or after January 1, 2025. (B) Exemption for State legislation In the case of a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (c) CHIP Section 2103(c) of the Social Security Act ( 42 U.S.C. 1397cc(c) Public Law 117–169 (13) Coverage of cancer diagnostic and laboratory tests Regardless of the type of coverage elected by a State under subsection (a), beginning January 1, 2025, child health assistance provided under such coverage for targeted low-income children and, in the case that the State elects to provide pregnancy-related assistance under such coverage pursuant to section 2112, such pregnancy-related assistance for targeted low-income pregnant women (as defined in section 2112(d)), shall include coverage of cancer diagnostic and laboratory tests (as defined in section 1861(nnn)). . 3. Education and awareness program on genomic testing (a) In general The Secretary of Health and Human Services, in coordination with the Director of the National Human Genome Research Institute, shall carry out an education and awareness program for physicians and the general public on what genomic testing is, how can be used, and the role of genetic counselors. (b) Cancer and molecular diagnostics The education and awareness program under subsection (a) shall encourage the inclusion in graduate medical education and continuing medical education (including for specialty oncology services) of education and training on the importance of molecular diagnostics at diagnosis and reoccurrence of cancer to detect mutations.

Finn Sawyer Access to Cancer Testing Act

Farm Fresh Food for Families Act of 2023 This bill expands the WIC Farmers' Market Nutrition Program (WIC FMNP) to include community supported agriculture (CSA) programs and makes further changes to the program. The program awards grants for states to provide vouchers and coupons that participants in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) may use to purchase fresh produce at approved venues (e.g., farmers' markets). The bill adds CSA programs to WIC FMNP, which currently may include farmers' markets and roadside stands. (Under a CSA program, farmers grow food for a group of shareholders or subscribers who pledge to buy a portion of the crops grown for that season; a state agency may purchase shares or subscribe to the CSA program on behalf of individual WIC FMNP participants.) The bill also reauthorizes WIC FMNP through FY2029 and increases the federal share of benefits a recipient may receive under the program. Specifically, the bill raises the annual minimum benefit to $20 (currently set at $10) and removes the annual cap on benefits. Further, the bill removes a requirement for states to provide matching funds that are equal to at least 30% of the administrative costs of the program.

118 S643 IS: Farm Fresh Food for Families Act of 2023 U.S. Senate 2023-03-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 643 IN THE SENATE OF THE UNITED STATES March 2, 2023 Mr. Ossoff Ms. Ernst Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Child Nutrition Act of 1966 to modernize the farmers' market nutrition program under the special supplemental nutrition program for women, infants, and children, and for other purposes. 1. Short title This Act may be cited as the Farm Fresh Food for Families Act of 2023 2. WIC Farmers' market nutrition program (a) In general Section 17(m) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(m) (1) by striking coupon food instrument (2) by striking coupons food instruments (3) by striking (m)(1) Subject to (m) Farmers' market nutrition program (1) In general Subject to ; (4) in paragraph (1), by striking markets roadside stands markets, roadside stands (at the option of a State), and community supported agriculture programs (at the option of a State) (5) by striking paragraph (3); (6) by redesignating paragraphs (4) through (10) as paragraphs (3) through (9), respectively, and indenting the paragraphs, and the subparagraphs, clauses, and subclauses within those paragraphs, in accordance with the margin of paragraph (1) (as so amended); (7) in paragraph (4) (as so redesignated)— (A) in the matter preceding subparagraph (A), by striking (4) Each State (4) Program requirements Each State ; (B) in subparagraph (B), by striking funds— funds provided under the grant. (C) in subparagraph (C), by striking be— be less than $20 per year. (D) in subparagraph (E)— (i) in clause (i), by inserting , farmers’ markets, and community supported agriculture programs producers (ii) in clause (ii), by striking only to purchase (I) for a scrip, as defined by the Secretary, to exchange for fresh nutritious unprepared foods for human consumption; or (II) to purchase ; and (E) in subparagraph (F)— (i) in clause (ii)— (I) by striking 2 percent 3 percent (II) by inserting , including efforts to develop efficient and appropriate electronic benefit systems, technical assistance (ii) in clause (iii), by striking contribute contribute. (8) in paragraph (5)(B)(i) (as so redesignated), by striking if a State provides the amount of matching funds required under paragraph (3), the a (9) in paragraph (8)(A) (as so redesignated), by striking 2015 2029 (10) in paragraph (9) (as so redesignated)— (A) by striking subparagraph (A); (B) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; (C) by inserting before subparagraph (C) (as so redesignated) the following: (A) Community supported agriculture program The term community supported agriculture program (i) a farmer or group of farmers grows food for a group of shareholders or subscribers, who pledge to buy a portion of the 1 or more crops grown by the farmer or group for that season; and (ii) a State agency may purchase shares or subscribe to the community supported agriculture program on behalf of individual farmers' market nutrition program participants. (B) Food instrument The term food instrument ; and (D) in each of subparagraphs (C) through (E) (as so redesignated), by inserting after the subparagraph designation a heading, the text of which comprises the term defined in that subparagraph. (b) Technical and conforming amendments Section 17(m) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(m) (1) by striking paragraph (6) paragraph (5) (2) in paragraph (5) (as redesignated by subsection (a)(6))— (A) in subparagraph (B)(ii), by striking paragraph (10) paragraph (8) (B) in subparagraph (C)(iv), by striking subparagraph (G)(i) subparagraph (F)(i) (C) in subparagraph (D)(ii)(II), by striking paragraph (5) paragraph (4) (D) in subparagraph (F)(iii), by striking paragraph (10)(B)(ii) paragraph (8)(B)(ii)

Farm Fresh Food for Families Act of 2023

Modernizing Opioid Treatment Access Act This bill expands access to methadone for an individual's unsupervised use to treat opioid use disorder (OUD). (Typically, methadone must be dispensed to individuals in person through opioid treatment programs.) The bill (1) waives provisions of the Controlled Substances Act that require qualified practitioners to obtain a separate registration from the Drug Enforcement Administration (DEA) to prescribe and dispense methadone to treat OUD, and (2) requires the Substance Abuse and Mental Health Services Administration and the DEA to jointly report on the waiver. Additionally, the bill directs the DEA to register certain practitioners to prescribe methadone that is dispensed through a pharmacy for an individual's unsupervised use. Qualified practitioners must be licensed or authorized to prescribe controlled substances, and they must either work for an opioid treatment program or be a physician or psychiatrist with a specialty certification in addiction medicine. A state may request that the DEA stop registering such practitioners in its jurisdiction. Individuals who receive methadone for unsupervised use must continue to have access to other care through an opioid treatment program. For purposes of the waiver, the bill also requires the exclusive use of electronic prescribing, establishes prescription limits, and sets out requirements for informed consent. Further, the bill permits the use of telehealth to provide methadone treatment and related services if the state and the Department of Health and Human Services jointly determine the use is feasible and appropriate.

118 S644 IS: Modernizing Opioid Treatment Access Act U.S. Senate 2023-03-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 644 IN THE SENATE OF THE UNITED STATES March 2, 2023 Mr. Markey Mr. Paul Mr. Sanders Mr. Braun Mr. Booker Ms. Hassan Committee on Health, Education, Labor, and Pensions A BILL To expand the take-home prescribing of methadone through pharmacies. 1. Short title This Act may be cited as the Modernizing Opioid Treatment Access Act 2. Expansion of methadone for opioid use disorder through prescribing and pharmacies (a) Registration; other care by telehealth (1) Definitions In this subsection: (A) Controlled substance; detoxification treatment; dispense; maintenance treatment; opioid The terms controlled substance detoxification treatment dispense maintenance treatment opioid 21 U.S.C. 802 (B) Secretary The term Secretary (2) Waiver (A) In general The requirements of section 303(h) of Controlled Substances Act ( 21 U.S.C. 823(h) (B) Persons described Persons described in this subparagraph are persons who— (i) are licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which they practice, to prescribe controlled substances in the course of professional practice; and (ii) are— (I) employees or contractors of an opioid treatment program; or (II) addiction medicine physicians or addiction psychiatrists who hold a subspecialty board certification in addiction medicine from the American Board of Preventive Medicine, a board certification in addiction medicine from the American Board of Addiction Medicine, a subspecialty board certification in addiction psychiatry from the American Board of Psychiatry and Neurology, or a subspecialty board certification in addiction medicine from the American Osteopathic Association. (C) Requirements for prescribing methadone The prescribing of methadone pursuant to subparagraph (A) shall be— (i) exclusively by electronic prescribing and dispensed to the patient treated pursuant to subparagraph (A); (ii) for a supply of not more than 30 days pursuant to each prescription; and (iii) subject to the restrictions listed in section 8.12(i)(3) of title 42, Code of Federal Regulations, or successor regulation or guidance. (D) Requirements for dispensing methadone The dispensing of methadone to an individual pursuant to subparagraph (A) shall be in addition to the other care that the individual continues to have access to through an opioid treatment program. (E) Registration requirements Persons registered in a State pursuant to subparagraph (A) shall— (i) ensure and document, with respect to each patient treated pursuant to subparagraph (A), informed consent to treatment; and (ii) include in such informed consent, specific informed consent regarding differences in confidentiality protections applicable when dispensing through an opioid treatment program versus dispensing through a pharmacy pursuant to subparagraph (A). (F) Cessation and withdrawal of registration At the request of a State, the Attorney General, in consultation with the Secretary, shall— (i) cease registering persons in the State pursuant to subparagraph (A); and (ii) withdraw any such registration in effect for a person in the State. (G) Maintenance and detoxification treatment Maintenance treatment or detoxification treatment provided pursuant to subparagraph (A) and other care provided in conjunction with such treatment, such as counseling and other ancillary services, may be provided by means of telehealth, as determined jointly by the State and the Secretary to be feasible and appropriate. (b) Annual reporting Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Drug Enforcement Administration shall jointly submit a report to Congress that includes— (1) the number of persons registered pursuant to subsection (a); (2) the number of patients being prescribed methadone pursuant to subsection (a); and (3) a list of the States in which persons are registered pursuant to such subsection (a). 3. Sense of Congress on need to reduce barriers to patient care through opioid treatment programs It is the sense of Congress that— (1) patients receiving services through opioid treatment programs face barriers to their care; and (2) each State should align the regulation of opioid treatment programs in a manner that is consistent with the intent of this Act.

Modernizing Opioid Treatment Access Act

Fighting Post-Traumatic Stress Disorder Act of 2023 This bill requires the Office of Community Oriented Policing Services within the Department of Justice to report on one or more proposed programs to make treatment or preventative care available to public safety officers and public safety telecommunicators for job-related post-traumatic stress disorder or acute stress disorder. The report must also include draft legislative language related to each proposed program, as well as the estimated cost for administering each proposed program.

115 S645 : Fighting Post-Traumatic Stress Disorder Act of 2023 U.S. Senate 2023-03-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 645 IN THE SENATE OF THE UNITED STATES March 2, 2023 Mr. Grassley Mr. Coons Mr. Young Mr. Brown Mr. Hawley Ms. Hassan Mr. Kennedy Mrs. Feinstein Mrs. Blackburn Mr. Blumenthal Mr. Ossoff Ms. Ernst Mr. Warnock A BILL To require the Attorney General to propose a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers, and for other purposes. 1. Short title This Act may be cited as the Fighting Post-Traumatic Stress Disorder Act of 2023 2. Findings Congress finds the following: (1) Public safety officers serve their communities with bravery and distinction in order to keep their communities safe. (2) Public safety officers, including police officers, firefighters, emergency medical technicians, and 911 dispatchers, are on the front lines of dealing with situations that are stressful, graphic, harrowing, and life-threatening. (3) The work of public safety officers puts them at risk for developing post-traumatic stress disorder and acute stress disorder. (4) It is estimated that 30 percent of public safety officers develop behavioral health conditions at some point in their lifetimes, including depression and post-traumatic stress disorder, in comparison to 20 percent of the general population that develops such conditions. (5) Victims of post-traumatic stress disorder and acute stress disorder are at a higher risk of dying by suicide. (6) Firefighters have been reported to have higher suicide attempt and ideation rates than the general population. (7) It is estimated that between 125 and 300 police officers die by suicide every year. (8) In 2019, pursuant to section 2(b) of the Law Enforcement Mental Health and Wellness Act of 2017 ( Public Law 115–113 LEMHWA report (9) The LEMHWA report recommended methods for establishing remote access or regional mental health check programs at the State or Federal level. (10) Individual police and fire departments generally do not have the resources to employ full-time mental health experts who are able to treat public safety officers with state-of-the-art techniques for the purpose of treating job-related post-traumatic stress disorder and acute stress disorder. 3. Programming for post-traumatic stress disorder (a) Definitions In this section: (1) Public safety officer The term public safety officer (A) has the meaning given the term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284 (B) includes Tribal public safety officers. (2) Public safety telecommunicator The term public safety telecommunicator (A) operates telephone, radio, or other communication systems to receive and communicate requests for emergency assistance at 911 public safety answering points and emergency operations centers; (B) takes information from the public and other sources relating to crimes, threats, disturbances, acts of terrorism, fires, medical emergencies, and other public safety matters; and (C) coordinates and provides information to law enforcement and emergency response personnel. (b) Report Not later than 150 days after the date of enactment of this Act, the Attorney General, acting through the Director of the Office of Community Oriented Policing Services of the Department of Justice, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on— (1) not fewer than 1 proposed program, if the Attorney General determines it appropriate and feasible to do so, to be administered by the Department of Justice for making state-of-the-art treatments or preventative care available to public safety officers and public safety telecommunicators with regard to job-related post-traumatic stress disorder or acute stress disorder by providing public safety officers and public safety telecommunicators access to evidence-based trauma-informed care, peer support, counselor services, and family supports for the purpose of treating or preventing post-traumatic stress disorder or acute stress disorder; (2) a draft of any necessary grant conditions required to ensure that confidentiality is afforded to public safety officers on account of seeking the care or services described in paragraph (1) under the proposed program; (3) how each proposed program described in paragraph (1) could be most efficiently administered throughout the United States at the State, Tribal, territorial, and local levels, taking into account in-person and telehealth capabilities; (4) a draft of legislative language necessary to authorize each proposed program described in paragraph (1); and (5) an estimate of the amount of annual appropriations necessary for administering each proposed program described in paragraph (1). (c) Development In developing the report required under subsection (b), the Attorney General shall consult relevant stakeholders, including— (1) Federal, State, Tribal, territorial, and local agencies employing public safety officers and public safety telecommunicators; and (2) non-governmental organizations, international organizations, academies, or other entities, including organizations that support the interests of public safety officers and public safety telecommunicators and the interests of family members of public safety officers and public safety telecommunicators.

Fighting Post-Traumatic Stress Disorder Act of 2023

Hydrogen for Industry Act of 2023 This bill requires the Department of Energy (DOE) to establish programs that provide grants or cooperative agreements to support the use of hydrogen in energy. Specifically, DOE must establish a program for projects that demonstrate the uses of hydrogen in heavy industry (e.g., steel, cement, glass, and chemical manufacturing). DOE must also establish a program for (1) carrying out projects that demonstrate the end uses of hydrogen; (2) constructing a new commercial-scale facility that will use hydrogen as a fuel or feedstock; or (3) retooling, retrofitting, or expanding an existing facility to enable the use of hydrogen as a fuel or feedstock in industrial end-use applications of hydrogen.

109 S646 IS: Hydrogen for Industry Act of 2023 U.S. Senate 2023-03-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 646 IN THE SENATE OF THE UNITED STATES March 2, 2023 Mr. Coons Mr. Cornyn Mr. Hickenlooper Mr. Cassidy Mr. Heinrich Mr. Luján Committee on Energy and Natural Resources A BILL To amend the Energy Policy Act of 2005 to establish a Hydrogen Technologies for Heavy Industry Demonstration Program, and for other purposes. 1. Short title This Act may be cited as the Hydrogen for Industry Act of 2023 2. Hydrogen Technologies for Heavy Industry Demonstration Program (a) Emission reduction program Subtitle F of title IX of the Energy Policy Act of 2005 ( 42 U.S.C. 16291 et seq. 969E. Hydrogen technologies for Heavy Industry Demonstration Program (a) Definition of low-Income or disadvantaged community The term low-income or disadvantaged community (b) Program Not later than 180 days after the date of enactment of the Hydrogen for Industry Act of 2023 Hydrogen Technologies for Heavy Industry Demonstration Program Program (1) iron, steel, and metals manufacturing; (2) cement manufacturing; (3) glass manufacturing; (4) ammonia and fertilizer production; (5) industrial food processes; (6) production of synthetic fuels from hydrogen, such as with carbon oxides; (7) fuel refining, such as biorefining; (8) chemical synthesis, such as synthesis of methanol and ethylene; (9) process heaters, including hydrogen combustion with environmental controls; (10) cogeneration to make electricity or heat to support industrial processes; or (11) any other use of hydrogen for heavy industry, as determined by the Secretary. (c) Purpose The purpose of the Program is to support the adoption of hydrogen as an emissions reduction technology for heavy industry, including in applications where hydrogen is blended with other fuels or feedstocks. (d) Demonstration projects and other authorized projects (1) In general The Secretary shall provide grants or cooperative agreements on a competitive basis for commercial-scale demonstration projects for end-use applications of hydrogen and other authorized projects, as described in paragraph (5). (2) Amount of grant or cooperative agreement The amount of a grant or cooperative agreement provided to an eligible entity under this subsection shall be not more than $400,000,000. (3) Application An entity seeking a grant or cooperative agreement to conduct a demonstration project or other authorized project under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of the manner in which the project— (A) will contribute to the reduction of greenhouse gas emissions at the applicable facility; and (B) in the case of a project for industrial end-use application that already uses hydrogen at scale, will reduce or avoid emissions of greenhouse gases. (4) Selection (A) Considerations In providing a grant or cooperative agreement under this subsection, the Secretary shall review each applicant and application under paragraph (3) with respect to— (i) the financial strength of the applicant; (ii) the proposed construction schedule; (iii) the market risk of the technology that the applicant seeks to demonstrate, as applicable; and (iv) the contractor history of the applicant. (B) Priority In providing a grant or cooperative agreement under this subsection, the Secretary shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. (C) Other considerations In providing a grant or cooperative agreement under this subsection, the Secretary shall, to the maximum extent practicable, provide a grant or cooperative agreement for projects that— (i) represent a variety of end uses of hydrogen; (ii) will use at least 50 percent hydrogen blends by volume; (iii) demonstrate existing or planned regional availability of hydrogen; (iv) will generate the greatest benefit to low-income or disadvantaged communities; and (v) will maximize creation or retention of domestic jobs and provide the highest job quality. (5) Authorized projects A grant or cooperative agreement provided under this subsection may be used— (A) to carry out demonstration projects for end uses of hydrogen; (B) to construct a new commercial-scale facility that will use hydrogen as a fuel or feedstock; or (C) to retool, retrofit, or expand an existing facility determined to be qualified by the Secretary to enable use of hydrogen as a fuel or feedstock in industrial end-use applications of hydrogen, including at multiple points within a larger facility. (6) Requirements A demonstration project receiving a grant or cooperative agreement under this subsection shall— (A) use technologies that have completed pilot-scale testing or the equivalent, as determined by the Secretary; (B) on completion, demonstrate hydrogen technologies used by heavy industry; and (C) conduct hydrogen leakage monitoring, reporting, and verification programs and leak detection and repair programs. (7) Cost sharing The non-Federal share of the cost of a demonstration project carried out using a grant or cooperative agreement under this subsection shall be not less than 50 percent. (8) Engineering and design studies The Secretary may fund front-end engineering and design studies in addition to, or in advance of, providing a grant or cooperative agreement for a demonstration project or other authorized project under this subsection. (e) Applicability No technology, or level of emission reduction, shall be treated as adequately demonstrated for purposes of section 111 of the Clean Air Act ( 42 U.S.C. 7411 42 U.S.C. 7479 42 U.S.C. 7501 (f) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the Program $1,200,000,000 for the period of fiscal years 2024 through 2028, to remain available until expended. . (b) Clerical amendment The table of contents of the Energy Policy Act of 2005 ( Public Law 109–58 Sec. 969E. Hydrogen Technologies for Heavy Industry Demonstration Program. . 3. Study (a) In general Not later than 270 days after the date of enactment of this Act, the Secretary of Energy, the Secretary of Commerce, and the Secretary of Transportation shall jointly conduct and submit to Congress a report describing the results of a study— (1) to examine the potential for emissions reductions at industrial facilities through hydrogen applications, including— (A) the potential use of levelized cost of carbon abatement, or a similar metric, in analyzing industrial uses of hydrogen; and (B) the feasibility and impact of incorporating levelized cost of carbon abatement to compare the costs of technology options to reduce emissions across a range of industrial applications; (2) to fully address existing challenges with respect to ensuring the safe use and handling of hydrogen and hydrogen-based fuels and blends in industrial systems, including health and environmental impacts associated with the leakage of hydrogen and hydrogen carriers; (3) to identify and evaluate the feasibility, safety, and best practices of the use of hydrogen and ammonia as industrial fuel and feedstock, including ways that current procedures, training, and handoffs with supply chain partners should be augmented to ensure safety for workers and neighboring communities; (4) to examine the feasibility of blending increasing levels of hydrogen with natural gas to supplement process heat requirements; (5) to examine the environmental impacts of hydrogen combustion in hydrogen-fueled gas turbines as pure hydrogen or at different ratios if used in blended fuel; and (6) to identify and evaluate considerations for transport and storage of hydrogen and hydrogen carriers for use at industrial facilities. (b) Requirements In conducting the study under subsection (a), the Secretary of Energy and the Secretary of Commerce shall— (1) take into account lessons learned from demonstration projects in other industries and projects in other countries; and (2) evaluate the applicability of the lessons described in paragraph (1) to the use of hydrogen in industrial applications.

Hydrogen for Industry Act of 2023

Hydrogen for Ports Act of 2023 This bill supports infrastructure for hydrogen-derived fuels, including ammonia, at ports and in the shipping industry. Specifically, the Department of Transportation must establish a program that awards grants to states, local governments, tribal governments, and other eligible entities for infrastructure that supports such fuels at ports and in the shipping industry.

118 S647 IS: Hydrogen for Ports Act of 2023 U.S. Senate 2023-03-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 647 IN THE SENATE OF THE UNITED STATES March 2, 2023 Mr. Cornyn Mr. Coons Mr. Cassidy Mr. Hickenlooper Ms. Murkowski Mr. Heinrich Mr. Luján Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Transportation to establish a grant program to support the use of hydrogen- or ammonia-fueled equipment at ports and to require the Secretary of the department in which the Coast Guard is operating to conduct a study, together with the Secretary of Energy and the Secretary of Transportation, regarding the feasibility and safety of using hydrogen and ammonia as fuels in maritime applications. 1. Short title This Act may be cited as the Hydrogen for Ports Act of 2023 2. Maritime fuel modernization grant program (a) Definitions In this section: (1) Eligible entity The term eligible entity (2) Eligible fuel The term eligible fuel (A) hydrogen; or (B) ammonia. (3) Low-income or disadvantaged community The term low-income or disadvantaged community (4) Program The term program (5) Secretary The term Secretary (6) Tribal government The term Tribal government 25 U.S.C. 5131 (b) Establishment of program Not later than 180 days after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Energy, shall establish a program under which the Secretary shall provide grants, on a competitive basis, to eligible entities for— (1) the purchase, installation, planning, design, or construction of, as appropriate— (A) fuel cell cargo-handling equipment that uses an eligible fuel; (B) fuel cell drayage or long-haul trucks that— (i) use an eligible fuel; and (ii) are for use at ports; (C) fuel cell ferries, tugboats, dredging vessels, container ships, bulk carriers, fuel tankers, commercial fishing vessels, cruise ships, or other marine vessels that use an eligible fuel; (D) fuel cell locomotives that— (i) use an eligible fuel; and (ii) are for use at ports; (E) fuel cell shore power systems that— (i) use an eligible fuel; and (ii) are used for ships while docked at port; (F) onsite fuel cell power plants that— (i) use an eligible fuel; and (ii) are located at port facilities; or (G) port infrastructure for establishing or expanding the supply of eligible fuel for import, export, storage, bunkering, or fueling; and (2) the training of ship crew and shore personnel— (A) to safely handle eligible fuel; and (B) to perform operation and maintenance on equipment that uses an eligible fuel. (c) Goals The goals of the program shall be— (1) to demonstrate hydrogen, ammonia, or fuel cell technologies in maritime and associated logistics applications; (2) to assist in the development and validation of technical targets for hydrogen, ammonia, and fuel cell systems for maritime and associated logistics applications; (3) to benchmark the conditions required for broad commercialization of hydrogen, ammonia, and fuel cell technologies in maritime and associated logistics applications; (4) to assess the operational and technical considerations for— (A) installing, constructing, and using hydrogen- or ammonia-fueled equipment; and (B) supporting infrastructure at ports; and (5) to reduce greenhouse gas emissions and improve air quality in areas located in and around ports. (d) Eligible entities (1) In general An entity eligible to receive a grant under the program is— (A) a State; (B) a political subdivision of a State; (C) a local government; (D) a public agency or publicly chartered authority established by 1 or more States; (E) a special purpose district with a transportation function; (F) a Tribal government or a consortium of Tribal governments; (G) a port authority for a port; (H) an Alaska Native or Native Hawaiian entity that has jurisdiction over a port authority or a port; (I) a multistate or multijurisdictional group of entities described in any of subparagraphs (A) through (H); or (J) subject to paragraph (2), a private entity or group of private entities, including the owners or operators of 1 or more facilities at a port. (2) Joint eligibility with private entities A private entity or group of private entities is eligible for a grant under the program if— (A) the private entity or group of private entities partners with an entity described in any of subparagraphs (A) through (I) of paragraph (1) for purposes of applying for, and carrying out activities under, the grant; and (B) the entity described in the applicable subparagraph of paragraph (1) is the lead entity with respect to the application and those activities. (e) Applications (1) In general An eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Requirement The application of an eligible entity described in subparagraph (J) of subsection (d)(1) shall be submitted jointly with an entity described in subparagraphs (A) through (I) of that subsection. (f) Considerations In providing grants under the program, the Secretary, to the maximum extent practicable, shall select projects that— (1) will generate the greatest benefit to low-income or disadvantaged communities; (2) represent a combination of land-side and vessel-side end-uses of eligible fuel; (3) maximize the creation or retention of jobs in the United States; and (4) provide the highest job quality. (g) Priority In selecting eligible entities to receive grants under the program, the Secretary shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. (h) Leak detection Each eligible entity that receives a grant under the program shall conduct— (1) a hydrogen leakage monitoring, reporting, and verification (also known as MRV (2) a hydrogen leak detection and repair (also known as LDAR (i) Funding (1) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the program $100,000,000 for each of fiscal years 2024 through 2028. (2) Human-operated equipment requirement In carrying out the program, the Secretary shall ensure that funding is made available for each fiscal year for cargo-handling equipment that uses an eligible fuel and is human-operated. 3. Study on feasibility and safety of using hydrogen and ammonia as fuels in maritime applications (a) In general Not later than 270 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of Energy, the Secretary of Transportation, and the heads of other Federal departments and agencies, as appropriate, shall conduct, and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of, a study— (1) to fully address the challenges to ensure the safe use and handling of hydrogen, ammonia, and other hydrogen-based fuels on vessels and in ports; (2) to identify, compare, and evaluate the feasibility of, the safety, environmental, and health impacts of, and best practices with respect to, the use of hydrogen-derived fuels, including ammonia, as a shipping fuel; (3) to identify and evaluate considerations for hydrogen and ammonia storage, including— (A) at ports; (B) on board vessels; and (C) for subsea hydrogen storage; and (4) to assess the cost and value of a hydrogen or ammonia strategic reserve, either as a new facility or as a modification to the Strategic Petroleum Reserve established under part B of title I of the Energy Policy and Conservation Act ( 42 U.S.C. 6231 et seq. (b) Requirements In carrying out subsection (a), the Secretary of the department in which the Coast Guard is operating shall— (1) consult with entities in the private sector with experience in the hydrogen or ammonia industry; (2) take into account lessons learned from demonstration projects in other industries, including— (A) projects carried out in the United States; (B) projects carried out in other countries; and (C) projects relating to the automotive industry, buses, petroleum refining, chemical production, fertilizer production, and stationary power; and (3) evaluate the applicability of the lessons described in paragraph (2) to the use of hydrogen in maritime and associated logistics applications.

Hydrogen for Ports Act of 2023

Hydrogen for Trucks Act of 2023 This bill requires the Department of Transportation to establish a grant program that assists eligible entities in purchasing (1) heavy-duty fuel cell vehicles (e.g., trucks) that use hydrogen as a fuel source, and (2) related equipment. Certain entities that control heavy-duty truck fleets or public hydrogen fueling stations may apply for grants. Grant recipients must use the funding to demonstrate the performance of at least seven heavy-duty fuel cell vehicles that use hydrogen as fuel source or at least one hydrogen fueling station for use by such vehicles.

118 S648 IS: Hydrogen for Trucks Act of 2023 U.S. Senate 2023-03-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 648 IN THE SENATE OF THE UNITED STATES March 2, 2023 Mr. Coons Mr. Cornyn Mr. Hickenlooper Mr. Cassidy Mr. Luján Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Transportation, in consultation with the Secretary of Energy, to establish a grant program to demonstrate the performance and reliability of heavy-duty fuel cell vehicles that use hydrogen as a fuel source, and for other purposes. 1. Short title This Act may be cited as the Hydrogen for Trucks Act of 2023 2. Heavy-duty fuel cell vehicle demonstration program (a) Definitions In this section: (1) Eligible entity The term eligible entity (2) Heavy-duty fuel cell vehicle (A) In general The term heavy-duty fuel cell vehicle (i) has a manufacturer gross vehicle weight rating of more than 26,000 pounds, as determined by the Federal Highway Administration; (ii) is not powered or charged by an internal combustion engine; and (iii) is propelled solely by an electric motor that draws electricity from— (I) a fuel cell; or (II) a combination of a fuel cell and a battery. (B) Inclusion The term heavy-duty fuel cell vehicle (3) Program The term program (4) Secretary The term Secretary (b) Establishment (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Energy, shall establish a grant program under which the Secretary shall provide grants to eligible entities to assist the eligible entities in funding capital projects to purchase heavy-duty fuel cell vehicles and related equipment, including hydrogen fueling stations. (2) Eligible entities To be eligible to receive a grant under the program, an entity shall be— (A) a private heavy-duty truck fleet owner with high duty cycle or long-haul operations; (B) an operator with a return to base (C) a leasing firm; (D) an independent owner-operator; (E) a public hydrogen fueling station developer or operator; (F) a Federal, State, or local agency that owns, operates, leases, or otherwise controls a fleet of public vehicles; or (G) a partnership of 1 or more entities described in subparagraphs (A) through (E). (3) Applications (A) In general Subject to subparagraph (B), an eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary, in consultation with the Secretary of Energy, may require. (B) Requirement If an eligible entity desiring a grant under the program intends to use the grant for only 1 of the uses described in subparagraphs (A) and (B) of subsection (d)(1), the eligible entity shall include in the application under subparagraph (A) a description of— (i) if the grant is to be used only for the use described in subparagraph (A) of subsection (d)(1), the availability of not fewer than 1 hydrogen fueling station that can be used by heavy-duty fuel cell vehicles; (ii) if the grant is to be used only for the use described in subparagraph (B) of subsection (d)(1), the availability of not fewer than 7 heavy-duty fuel cell vehicles that— (I) use hydrogen as a fuel source; and (II) will use 1 or more hydrogen fueling stations demonstrated using the grant; and (iii) the means by which the project of the eligible entity will expand the demand for and use of any existing infrastructure. (4) Considerations In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall— (A) take into account whether the eligible entity has the potential to expand the use of hydrogen demonstrated by the eligible entity using the grant to other applications within the region in which the eligible entity operates; and (B) to the maximum extent practicable— (i) select eligible entities operating in different regions of the United States— (I) to demonstrate different types of fleet operations, such as fleet operations with differing local hydrogen supplies, climate conditions, route lengths and geographies, and sizes of vehicles; and (II) to identify any differences in performance demonstrated by the heavy-duty fuel cell vehicles used by the eligible entity that are due to regional characteristics; (ii) select eligible entities that intend to use the grant for both of the uses described in subparagraphs (A) and (B) of subsection (d)(1); and (iii) select projects that will generate the greatest benefit to low-income or disadvantaged communities (including cities, towns, counties, and reasonably isolated and divisible segments of a larger municipality) with an annual median household income that is less than 100 percent of the statewide annual median household income for the State in which the community is located, according to the most recent decennial census. (5) Priority In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. (6) Special consideration In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give special consideration to— (A) if the grant is to be used for the use described in subsection (d)(1)(B), projects in which each applicable hydrogen fueling station is open to the public; or (B) eligible entities that provide greater than 20 percent cost share. (c) Goals The goals of the program shall be— (1) to demonstrate the performance and reliability of heavy-duty fuel cell vehicles in different regions of the United States; (2) to provide a basis for relevant cost evaluations and cost reductions; and (3) to accelerate the market deployment of heavy-duty fuel cell vehicles. (d) Use of grant funds (1) In general An eligible entity that receives a grant under the program shall use the grant to demonstrate the performance of— (A) not fewer than 7 heavy-duty fuel cell vehicles that use hydrogen as fuel source; or (B) 1 or more hydrogen fueling stations for use by heavy-duty fuel cell vehicles. (2) Eligible costs An eligible entity that receives a grant under the program may use the grant for the following costs: (A) The capital costs of— (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A), subject to paragraph (4); or (ii) a station described in paragraph (1)(B). (B) The costs, such as costs associated with labor, complying with maintenance requirements, and grant administration, of operating— (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A); or (ii) a station described in paragraph (1)(B). (C) Overhead costs. (D) The costs of training personnel to ensure safety and best practices during construction, fueling and refueling, maintenance, and upkeep, as applicable, of— (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A); or (ii) a station described in paragraph (1)(B). (E) The costs of complying with— (i) the requirements of subsection (g); and (ii) any reporting requirements under subsection (h). (3) Operation (A) In general Except as provided in subparagraph (B), an eligible entity that receives a grant under the program for a use described in subparagraph (A) or (B) of paragraph (1) may determine whether each applicable hydrogen fueling station shall— (i) allow only private access; or (ii) be open to the public. (B) Public hydrogen fueling station developers and operators An eligible entity described in subsection (b)(2)(E) that receives a grant under the program to be used only for the use described in paragraph (1)(B) shall make each applicable hydrogen fueling station described in that paragraph open to the public. (4) Capital costs of vehicles With respect to the capital costs described in paragraph (2)(A)(i), the amount of grant funds used for those capital costs shall not exceed, with respect to each heavy-duty fuel cell vehicle purchased by the eligible entity and used for the applicable project, the lesser of— (A) an amount equal to the difference between— (i) the cost of the heavy-duty fuel cell vehicle; and (ii) the product obtained by multiplying— (I) the cost of a comparable gasoline- or diesel-fueled vehicle; and (II) 0.5; and (B) $500,000. (e) Amount of a grant The amount of a grant provided by the Secretary under the program shall be not more than $20,000,000. (f) Cost sharing The non-Federal share of the cost of a project carried out using a grant under the program shall be not less than 20 percent. (g) Leak detection Each eligible entity that receives a grant under the program shall conduct— (1) a hydrogen leakage monitoring, reporting, and verification (also known as MRV (2) a hydrogen leak detection and repair (also known as LDAR (h) Reporting (1) In general An eligible entity that receives a grant under the program shall submit to the Secretary such operational data relating to eligible costs described in subsection (d)(2) as the Secretary, in consultation with the Secretary of Energy, may require to accelerate market deployment of heavy-duty fuel cell vehicles that use hydrogen as a fuel source. (2) Requirement The operational data required by the Secretary under paragraph (1) shall include, at a minimum, data relating to— (A) operational expenses; (B) fuel use; and (C) reliability. (3) System The Secretary, in consultation with the Secretary of Energy, shall develop a system for data reporting and data sharing that allows similar fleet and fueling station operators to evaluate the performance of the program. (i) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the program $200,000,000 for the period of fiscal years 2024 through 2028.

Hydrogen for Trucks Act of 2023

Mentoring to Succeed Act of 2023 This bill requires the Department of Education to award grants to high-need local educational agencies, high-need schools, and local governments to establish, expand, or support school-based mentoring programs that assist at-risk students in developing cognitive skills and promoting social-emotional learning to prepare them for success in high school, postsecondary education, and the workforce. Additionally, the bill directs the Institute of Education Sciences to conduct a study to identify successful school-based mentoring programs and evaluate the effectiveness of the grant program established by this bill.

118 S65 IS: Mentoring to Succeed Act of 2023 U.S. Senate 2023-01-25 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. 65 IN THE SENATE OF THE UNITED STATES January 25, 2023 Mr. Durbin Ms. Duckworth Mr. Booker Committee on Health, Education, Labor, and Pensions A BILL To amend the Carl D. Perkins Career and Technical Education Act of 2006 to give the Department of Education the authority to award competitive grants to eligible entities to establish, expand, or support school-based mentoring programs to assist at-risk students in middle school and high school in developing cognitive and social-emotional skills to prepare them for success in high school, postsecondary education, and the workforce. 1. Short title This Act may be cited as the Mentoring to Succeed Act of 2023 2. Purpose The purpose of this Act is to make assistance available for school-based mentoring programs for at-risk students in order to— (1) establish, expand, or support school-based mentoring programs; (2) assist at-risk students in middle school and high school in developing cognitive and social-emotional skills; and (3) prepare such at-risk students for success in high school, postsecondary education, and the workforce. 3. School-based mentoring program Part C of title I of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2351 et seq. 136. Distribution of funds for school-based mentoring programs (a) Definitions In this section: (1) At-risk student The term at-risk student (A) is failing academically or at risk of dropping out of school; (B) is pregnant or a parent; (C) is a gang member; (D) is a child or youth in foster care or a youth who has been emancipated from foster care, but is still enrolled in high school; (E) is or has recently been a homeless child or youth; (F) is chronically absent; (G) has changed schools 3 or more times in the past 6 months; (H) has come in contact with the juvenile justice system in the past; (I) has a history of multiple suspensions or disciplinary actions; (J) is an English learner; (K) has one or both parents incarcerated; (L) has experienced one or more adverse childhood experiences, traumatic events, or toxic stressors, as assessed through an evidence-based screening; (M) lives in a high-poverty area with a high rate of community violence; (N) has a disability; or (O) shows signs of alcohol or drug misuse or abuse or has a parent or guardian who is struggling with substance abuse. (2) Disability The term disability 20 U.S.C. 1401(3) (3) Eligible entity The term eligible entity (A) means a high-need local educational agency, high-need school, or local government entity; and (B) may include a partnership between an entity described in subparagraph (A) and a nonprofit, community-based, or faith-based organization, or institution of higher education. (4) English learner The term English learner 20 U.S.C. 7801 (5) Foster care The term foster care (6) High-need local educational agency The term high-need local educational agency (7) High-need school The term high-need school 20 U.S.C. 6631(b) (8) Homeless children and youths The term homeless children and youths 42 U.S.C. 11434a (9) School-based mentoring The term school-based mentoring (b) School-Based mentoring competitive grant program (1) In general The Secretary shall award grants on a competitive basis to eligible entities to establish, expand, or support school-based mentoring programs that— (A) are designed to assist at-risk students in high-need schools in developing cognitive skills and promoting social-emotional learning to prepare them for success in high school, postsecondary education, and the workforce by linking them with mentors who— (i) have received mentor training, including on trauma-informed practices, youth engagement, cultural competency, and social-emotional learning; and (ii) have been screened using appropriate reference checks and criminal background checks, in accordance with the requirements of paragraph (3)(B)(v)(ii); (B) provide coaching and technical assistance to mentors in each such mentoring program; (C) seek to— (i) improve the academic achievement of at-risk students; (ii) reduce dropout rates and absenteeism and improve school engagement of at-risk students and their families; (iii) reduce juvenile justice involvement of at-risk students; (iv) foster positive relationships between at-risk students and their peers, teachers, other adults, and family members; (v) develop the workforce readiness skills of at-risk students by exploring paths to employment, including encouraging students with disabilities to explore transition services; and (vi) increase the participation of at-risk students in community service activities; and (D) encourage at-risk students to set goals and plan for their futures, including making plans and identifying goals for postsecondary education and the workforce. (2) Duration The Secretary shall award grants under this section for a period not to exceed 5 years. (3) Application To receive a grant under this section, an eligible entity shall submit to the Secretary an application that includes— (A) a needs assessment that includes baseline data on the measures described in paragraph (6)(A)(ii); and (B) a plan to meet the requirements of paragraph (1), including— (i) the targeted outcomes, mentee age and eligibility, mentor type, and meeting frequency for the program; (ii) the number of mentor-student matches proposed to be established and maintained annually under the program; (iii) the capacity and expertise of the program to serve children and youth in a way that is responsive to children and youth of color, expectant and parenting youth, indigenous youth, youth who are lesbian, gay, bisexual, transgendered, or queer, and youth with disabilities; (iv) actions taken to ensure that the design of the program reflects input from youth; and (v) an assurance that mentors supported under the program are appropriately screened and have demonstrated a willingness to comply with aspects of the mentoring program, including— (I) a written screening plan that includes all of the policies and procedures used to screen and select mentors, including eligibility requirements and preferences for such applicants; (II) a description of the methods to be used to conduct criminal background checks on all prospective mentors, and the methods in place to exclude mentors with convictions directly related to child safety that occur during the mentor's participation in the program or in the 10-year period preceding the mentor's participation; and (III) a description of the methods to be used to ensure that the mentors are willing and able to serve as a mentor on a long-term, consistent basis as defined in the application. (4) Priority In selecting grant recipients, the Secretary shall give priority to applicants that— (A) serve children and youth with the greatest need living in high-poverty, high-crime areas, or rural areas, or who attend schools with high rates of community violence; (B) provide at-risk students with opportunities for postsecondary education preparation and career development, including— (i) job training, professional development, work shadowing, internships, networking, résumé writing and review, interview preparation, transition services for students with disabilities, application assistance and visits to institutions of higher education, and leadership development through community service; and (ii) partnerships with the private sector and local businesses to provide internship and career exploration activities and resources; (C) seek to provide match lengths between at-risk students and mentors for at least 1 academic year; and (D) consult and engage youth in the development, design, and implementation of the program. (5) Use of funds An eligible entity that receives a grant under this section may use such funds to— (A) develop and carry out regular training for mentors, including on— (i) the impact of adverse childhood experiences; (ii) trauma-informed practices and interventions; (iii) supporting homeless children and youths; (iv) supporting children and youth in foster care or youth who have been emancipated from foster care, but are still enrolled in high school; (v) cultural competency; (vi) meeting all appropriate privacy and confidentiality requirements for students, including students in foster care; (vii) working in coordination with a public school system; (viii) positive youth development and engagement practices; and (ix) disability inclusion practices to ensure access and participation by students with disabilities; (B) recruit, screen, match, train, and compensate mentors; (C) hire staff to perform or support the objectives of the school-based mentoring program; (D) provide inclusive and accessible youth engagement activities, such as— (i) enrichment field trips to cultural destinations; (ii) career awareness activities, including job site visits, informational interviews, résumé writing, interview preparation, and networking; and (iii) academic or postsecondary education preparation activities, including trade or vocational school visits, visits to institutions of higher education, and assistance in applying to institutions of higher education; and (E) conduct program evaluation, including by acquiring and analyzing the data described under paragraph (6). (6) Reporting requirements (A) In general Not later than 6 months after the end of each academic year during the grant period, an eligible entity receiving a grant under this section shall submit to the Secretary a report that includes— (i) the number of students and mentors, and the demographics of the students and mentors, who participated in the school-based mentoring program that was funded in whole or in part with the grant funds; (ii) data on the academic achievement, dropout rates, truancy, absenteeism, outcomes of arrests for violent crime, summer employment, and postsecondary education enrollment of students in the program; (iii) the number of group sessions and number of one-to-one contacts between students in the program and their mentors; (iv) the average attendance of students enrolled in the program; (v) the number of students with disabilities connected to transition services; (vi) data on social-emotional development of students as assessed with a validated social-emotional assessment tool; and (vii) any other information that the Secretary may require to evaluate the success of the school-based mentoring program. (B) Student privacy An eligible entity shall ensure that the report submitted under subparagraph (A) is prepared in a manner that protects the privacy rights of each student in accordance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (7) Mentoring resources and community service coordination (A) Technical assistance The Secretary shall work with the Office of Juvenile Justice and Delinquency Prevention to— (i) refer grantees under this section to the National Mentoring Resource Center to obtain resources on best practices and research related to mentoring and to request no-cost training and technical assistance; and (ii) provide grantees under this section with information regarding transitional services for at-risk students returning from correctional facilities and transition services for students with disabilities. (B) Coordination The Secretary shall, to the extent possible, coordinate with the Corporation for National and Community Service, including through entering into an interagency agreement or a memorandum of understanding, to support mentoring and community service-related activities for at-risk students. (c) Authorization of funds There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2023 through 2028. . 4. Institute of Education Sciences study on school-based mentoring programs (a) In general The Secretary of Education, acting through the Director of the Institute of Education Sciences, shall conduct a study to— (1) identify successful school-based mentoring programs and effective strategies for administering and monitoring such programs; (2) evaluate the role of mentors in promoting cognitive development and social-emotional learning to enhance academic achievement and to improve workforce readiness; and (3) evaluate the effectiveness of the grant program under section 136 of the Carl D. Perkins Career and Technical Education Act of 2006, as added by section 3, on student academic outcomes and youth career development. (b) Timing Not later than 3 years after the date of enactment of this Act, the Secretary of Education, acting through the Director of the Institute of Education Sciences, shall submit the results of the study described in subsection (a) to the appropriate congressional committees.

Mentoring to Succeed Act of 2023

Special Inspector General for Ukraine Assistance Act This bill establishes the Office of the Special Inspector General for Ukraine Assistance, led by the Special Inspector General for Ukraine Assistance. The Special Inspector General shall be appointed by the President with the advice and consent of the Senate. The duties of the office include conducting, supervising, and coordinating audits and investigations of the amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine, and of the programs, operations, and contracts carried out utilizing such funds; establishing, maintaining, and overseeing such systems, procedures, and controls as the office considers appropriate for such audits and investigations; and coordinating with the Inspectors General of the Department of Defense (DOD), the Department of State, and the U.S. Agency for International Development. Whenever information or assistance requested by the office is unreasonably refused or not provided, the office shall report the circumstances to the State Department or DOD and to Congress without delay. The office shall submit a report to Congress on a quarterly basis.

118 S651 IS: Special Inspector General for Ukraine Assistance Act U.S. Senate 2023-03-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 651 IN THE SENATE OF THE UNITED STATES March 2, 2023 Mr. Hawley Mr. Vance Committee on Foreign Relations A BILL To establish the Office of the Special Inspector General for Ukraine Assistance, and for other purposes. 1. Short title This Act may be cited as the Special Inspector General for Ukraine Assistance Act 2. Special Inspector General for Ukraine Assistance (a) Purposes The purposes of this section are as follows: (1) To provide for the independent and objective conduct and supervision of audits and investigations, including within the territory of Ukraine, relating to the programs and operations funded with amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine. (2) To provide for the independent and objective leadership and coordination of, and recommendations on, policies designed to prevent and detect waste, fraud, and abuse in such programs and operations described in paragraph (1). (3) To provide for an independent and objective means of keeping the Secretary of State, the Secretary of Defense, and Congress fully and currently informed about problems and deficiencies relating to the administration of such programs and operations and the necessity for and progress on corrective action. (b) Office of Inspector General There is hereby established the Office of the Special Inspector General for Ukraine Assistance to carry out the purposes set forth in subsection (a). (c) Appointment of Inspector General; removal (1) Appointment The head of the Office of the Special Inspector General for Ukraine Assistance is the Special Inspector General for Ukraine Assistance (in this section referred to as the Inspector General (2) Qualifications The appointment of the Inspector General shall be made solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. (3) Deadline for appointment The appointment of an individual as Inspector General shall be made not later than 30 days after the date of the enactment of this Act. (4) Compensation The annual rate of basic pay of the Inspector General shall be the annual rate of basic pay provided for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (5) Prohibition on political activities For purposes of section 7324 of title 5, United States Code, the Inspector General shall not be considered an employee who determines policies to be pursued by the United States in the nationwide administration of Federal law. (6) Removal The Inspector General shall be removable from office in accordance with the provisions of section 403(b) of title 5, United States Code. (d) Assistant inspectors general The Inspector General shall, in accordance with applicable laws and regulations governing the civil service— (1) appoint an Assistant Inspector General for Auditing who shall have the responsibility for supervising the performance of auditing activities relating to programs and operations supported by amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine; and (2) appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the performance of investigative activities relating to such programs and operations. (e) Supervision (1) In general Except as provided in paragraph (2), the Inspector General shall report directly to, and be under the general supervision of, the Secretary of State and the Secretary of Defense. (2) Independence to conduct investigations and audits No officer of the Department of Defense, the Department of State, or the United States Agency for International Development shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation related to amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine or from issuing any subpoena during the course of any such audit or investigation. (f) Duties (1) Oversight of military and nonmilitary support of Ukraine It shall be the duty of the Inspector General to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine, and of the programs, operations, and contracts carried out utilizing such funds, including— (A) the oversight and accounting of the obligation and expenditure of such funds; (B) the monitoring and review of contracts funded by such funds; (C) the monitoring and review of the transfer of such funds and associated information between and among departments, agencies, and entities of the United States and private and nongovernmental entities; (D) the maintenance of records on the use of such funds to facilitate future audits and investigations of the use of such funds; (E) the investigation of overpayments such as duplicate payments or duplicate billing and any potential unethical or illegal actions of Federal employees, contractors, or affiliated entities and the referral of such reports, as necessary, to the Department of Justice to ensure further investigations, prosecutions, recovery of further funds, or other remedies; (F) the monitoring and review of all military and nonmilitary activities funded by such funds; and (G) the tracking and monitoring of all lethal and nonlethal security assistance provided by the United States, including a review of compliance with all applicable end-use certification requirements. (2) Other duties related to oversight The Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Inspector General considers appropriate to discharge the duties under paragraph (1). (3) Duties and responsibilities under chapter 4 In addition to the duties specified in paragraphs (1) and (2), the Inspector General shall also have the duties and responsibilities of inspectors general under chapter 4 (4) Coordination of efforts In carrying out the duties, responsibilities, and authorities of the Inspector General under this section, the Inspector General shall coordinate with, and receive the cooperation of each of the following: (A) The Inspector General of the Department of Defense. (B) The Inspector General of the Department of State. (C) The Inspector General of the United States Agency for International Development. (g) Powers and authorities (1) Authorities under chapter 4 In carrying out the duties specified in subsection (f), the Inspector General shall have the authorities provided in section 406 of title 5, United States Code, including the authorities under subsection (e) of such section. (2) Audit standards The Inspector General shall carry out the duties specified in subsection (f)(1) in accordance with section 404(b)(1) of title 5, United States Code. (h) Personnel, facilities, and other resources (1) Personnel (A) In general The Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Inspector General, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (B) Additional authorities (i) In general Subject to clause (ii), the Inspector General may exercise the authorities of subsections (b) through (i) of section 3161 of title 5, United States Code (without regard to subsection (a) of that section). (ii) Periods of appointments In exercising the employment authorities under subsection (b) of section 3161 of title 5, United States Code, as provided under clause (i) of this subparagraph— (I) paragraph (2) of that subsection (relating to periods of appointments) shall not apply; and (II) no period of appointment may exceed the date on which the Office of the Special Inspector General for Ukraine Assistance terminates under subsection (o). (2) Employment of experts and consultants The Inspector General may obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS–15 of the General Schedule by section 5332 of such title. (3) Contracting authority To the extent and in such amounts as may be provided in advance by appropriations Acts, the Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Inspector General. (4) Resources The Secretary of State or the Secretary of Defense, as appropriate, shall provide the Inspector General with— (A) appropriate and adequate office space at appropriate locations of the Department of State or the Department of Defense, as the case may be, in Ukraine or at an appropriate United States military installation in the European theater, together with such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices, and shall provide necessary maintenance services for such offices and the equipment and facilities located therein; and (B) appropriate and adequate support for audits, investigations, and related activities by the Inspector General or assigned personnel within the territory of Ukraine. (5) Assistance from Federal agencies (A) In general Upon request of the Inspector General for information or assistance from any department, agency, or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Inspector General, or an authorized designee. (B) Reporting of refused assistance Whenever information or assistance requested by the Inspector General is, in the judgment of the Inspector General, unreasonably refused or not provided, the Inspector General shall report the circumstances to the Secretary of State or the Secretary of Defense, as appropriate, and to the appropriate congressional committees without delay. (i) Reports (1) Quarterly reports Not later than 30 days after the end of each fiscal-year quarter, the Inspector General shall submit to the appropriate congressional committees a report summarizing, for the period of that quarter and, to the extent possible, the period from the end of such quarter to the time of the submission of the report, the activities during such period of the Inspector General and the activities under programs and operations funded with amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine. Each report shall include, for the period covered by such report, a detailed statement of all obligations, expenditures, and revenues associated with military and nonmilitary support of Ukraine, including the following: (A) Obligations and expenditures of appropriated funds. (B) Operating expenses of agencies or entities receiving amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine. (C) In the case of any contract, grant, agreement, or other funding mechanism described in paragraph (2)— (i) the amount of the contract, grant, agreement, or other funding mechanism; (ii) a brief discussion of the scope of the contract, grant, agreement, or other funding mechanism; (iii) a discussion of how the department or agency of the United States Government involved in the contract, grant, agreement, or other funding mechanism identified, and solicited offers from, potential individuals or entities to perform the contract, grant, agreement, or other funding mechanism, together with a list of the potential individuals or entities that were issued solicitations for the offers; and (iv) the justification and approval documents on which was based the determination to use procedures other than procedures that provide for full and open competition. (D) An accounting comparison of— (i) the military and nonmilitary support provided to Ukraine by the United States; and (ii) the military and nonmilitary support provided to Ukraine by other North Atlantic Treaty Organization member countries, including allied contributions to Ukraine that are subsequently backfilled or subsidized using United States funds. (E) An evaluation of the compliance of the Government of Ukraine with all requirements for receiving United States funds, including a description of any area of concern with respect to the ability of the Government of Ukraine to achieve such compliance. (2) Covered contracts, grants, agreements, and funding mechanisms A contract, grant, agreement, or other funding mechanism described in this paragraph is any major contract, grant, agreement, or other funding mechanism that is entered into by any department or agency of the United States Government that involves the use of amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine with any public or private sector entity for any of the following purposes: (A) To build or rebuild physical infrastructure of Ukraine. (B) To establish or reestablish a political or societal institution of Ukraine. (C) To provide products or services to the people of Ukraine. (D) To provide lethal or nonlethal weaponry to Ukraine. (E) To otherwise provide military or nonmilitary support to Ukraine. (3) Public availability The Inspector General shall publish on a publicly available internet website each report under paragraph (1) of this subsection in English and other languages that the Inspector General determines are widely used and understood in Ukraine. (4) Form Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex if the Inspector General considers it necessary. (5) Rule of construction Nothing in this subsection shall be construed to authorize the public disclosure of information that is— (A) specifically prohibited from disclosure by any other provision of law; (B) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or (C) a part of an ongoing criminal investigation. (j) Report coordination (1) Submission to secretaries of State and defense The Inspector General shall also submit each report required under subsection (i) to the Secretary of State and the Secretary of Defense. (2) Submission to Congress (A) In general Not later than 30 days after receipt of a report under paragraph (1), the Secretary of State and the Secretary of Defense shall submit to the appropriate congressional committees any comments on the matters covered by the report. Such comments shall be submitted in unclassified form, but may include a classified annex if the Secretary of State or the Secretary of Defense, as the case may be, considers it necessary. (B) Access On request, any Member of Congress may view comments submitted under subparagraph (A), including the classified annex. (k) Transparency (1) Report Not later than 60 days after submission to the appropriate congressional committees of a report under subsection (i), the Secretary of State and the Secretary of Defense shall jointly make copies of the report available to the public upon request, and at a reasonable cost. (2) Comments on matters covered by report Not later than 60 days after submission to the appropriate congressional committees under subsection (j)(2)(A) of comments on a report under subsection (i), the Secretary of State and the Secretary of Defense shall jointly make copies of the comments available to the public upon request, and at a reasonable cost. (l) Waiver (1) Authority The President may waive the requirement under paragraph (1) or (2) of subsection (k) with respect to availability to the public of any element in a report under subsection (i), or any comment under subsection (j)(2)(A), if the President determines that the waiver is justified for national security reasons. (2) Notice of waiver The President shall publish a notice of each waiver made under this subsection in the Federal Register no later than the date on which a report required under subsection (i), or any comment under subsection (j)(2)(A), is submitted to the appropriate congressional committees. The report and comments shall specify whether waivers under this subsection were made and with respect to which elements in the report or which comments, as appropriate. (3) Submission of comments The President may not waive under this subsection subparagraph (A) or (B) of subsection (j). (m) Definitions In this section: (1) Amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine The term amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine (A) amounts appropriated or otherwise made available on or after January 1, 2022, for— (i) the Ukraine Security Assistance Initiative under section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 11492; 129 Stat. 1608); (ii) any foreign military financing accessed by the Government of Ukraine; (iii) the Presidential drawdown authority under section 506(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(a) (iv) the defense institution building program under section 332 of title 10, United States Code; (v) the building partner capacity program under section 333 of title 10, United States Code; (vi) the International Military Education and Training program of the Department of State; and (vii) the United States European Command; and (B) amounts appropriated or otherwise made available on or after January 1, 2022, for the military, economic, reconstruction, or humanitarian support of Ukraine under any account or for any purpose not described in subparagraph (A). (2) Appropriate congressional committees The term appropriate congressional committees (A) the Committees on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committees on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Oversight and Accountability of the House of Representatives. (n) Authorization of appropriations (1) In general There is authorized to be appropriated $70,000,000 for fiscal year 2023 to carry out this section. (2) Offset The amount authorized to be appropriated for fiscal year 2023 for the Ukraine Security Assistance Initiative is hereby reduced by $70,000,000. (o) Termination (1) In general The Office of the Special Inspector General for Ukraine Assistance shall terminate 180 days after the date on which amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine that are unexpended are less than $250,000,000. (2) Final report The Inspector General shall, prior to the termination of the Office of the Special Inspector General for Ukraine Assistance under paragraph (1), prepare and submit to the appropriate congressional committees a final forensic audit report on programs and operations funded with amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine.

Special Inspector General for Ukraine Assistance Act

Freedom to Export to Cuba Act of 2023 This bill repeals both the President's statutory authority to impose an embargo on Cuba and various prohibitions against providing assistance to Cuba. Repealed prohibitions include those related to (1) the President's authority to impose sanctions on countries that provide assistance to Cuba, (2) the prohibition against U.S. investment in domestic telecommunications networks within Cuba, (3) restrictions on vessels loading or unloading freight in the United States if they have departed from a port in Cuba within 180 days, and (4) restrictions on remittances to Cuba. The President is authorized to impose export controls with respect to Cuba and exercise certain emergency economic powers in relation to unusual and extraordinary threats to the United States.

104 S653 IS: Freedom to Export to Cuba Act of 2023 U.S. Senate 2023-03-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 653 IN THE SENATE OF THE UNITED STATES March 2, 2023 Ms. Klobuchar Mr. Moran Mr. Murphy Mr. Marshall Ms. Warren Committee on Banking, Housing, and Urban Affairs A BILL To lift the trade embargo on Cuba. 1. Short title This Act may be cited as the Freedom to Export to Cuba Act of 2023 2. Removal of provisions restricting trade and other relations with Cuba (a) Authority for Embargo (1) In general Section 620(a) of the Foreign Assistance Act of 1961 22 U.S.C. 2370(a) (1) No assistance (2) Except Except (2) Conforming amendment Section 1709 of the Cuban Democracy Act of 1992 ( 22 U.S.C. 6008 section 620(a)(2) section 620(a) (b) Trading With the Enemy Act (1) In general The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act ( 50 U.S.C. 4305(b) (2) Regulations Any regulation that imposes direct restrictions on trade with Cuba in effect on the day before the date of the enactment of this Act pursuant to the exercise of authorities described in paragraph (1) shall cease to be effective for that purpose on and after such date of enactment. (c) Exercise of authorities under other provisions of law (1) Removal of prohibitions Any prohibition on exports to Cuba that is in effect on the day before the date of the enactment of this Act under the Export Administration Act of 1979 Public Law 96–72 50 U.S.C. 4801 et seq. (2) Authority for new restrictions The President may, on and after the date of the enactment of this Act— (A) impose export controls with respect to Cuba under section 1753 or 1754(c) of the Export Control Reform Act of 2018 (50 U.S.C. 4812 and 4813(c)); and (B) exercise the authorities the President has under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (d) Cuban Democracy Act (1) In general The Cuban Democracy Act of 1992 ( 22 U.S.C. 6001 et seq. (A) by striking section 1704 ( 22 U.S.C. 6003 (B) in section 1705(e) ( 22 U.S.C. 6004(e) (i) by striking paragraph (5); and (ii) by redesignating paragraph (6) as paragraph (5); (C) by striking section 1706 ( 22 U.S.C. 6005 (D) by striking section 1708 ( 22 U.S.C. 6007 (2) Conforming amendment Paragraph (3) of section 204(b) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6064(b) (3) section 1705(d) of the Cuban Democracy Act of 1992 ( 22 U.S.C. 6004(d) . (e) Cuban Liberty and Democratic Solidarity Act (1) In general The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6021 et seq. (A) by striking sections 101 through 108; (B) in section 109(a) ( 22 U.S.C. 6039(a) (including section 102 of this Act) (C) by striking sections 110 through 116; and (D) by striking title II ( 22 U.S.C. 6061 et seq. (2) Conforming amendment Section 606 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( Public Law 104–208 8 U.S.C. 1255 (f) Trade Sanctions Reform and Export Enhancement Act of 2000 The Trade Sanctions Reform and Export Enhancement Act of 2000 ( 22 U.S.C. 7201 et seq. (1) in section 906(a)(1) ( 22 U.S.C. 7205(a)(1) Cuba, (2) in section 908 ( 22 U.S.C. 7207 (A) by striking subsection (b); (B) in subsection (a)— (i) by striking Prohibition (1) In general.— In general.— (ii) by striking for exports to Cuba or (iii) by striking paragraph (2); and (iv) by redesignating paragraph (3) as subsection (b) and by moving such subsection, as so redesignated, 2 ems to the left; and (C) in subsection (b), as redesignated by subparagraph (B)(iv), by striking paragraph (1) subsection (a) (3) by striking section 909 ( 22 U.S.C. 7208

Freedom to Export to Cuba Act of 2023

Delaware River Basin Conservation Reauthorization Act of 2023 This bill extends through FY2030 and revises the Delaware River Basin Restoration Program and the Delaware River Basin Restoration Grant Program. Specifically, the bill adds Maryland to the current list of basin states: Delaware, New Jersey, New York, and Pennsylvania. It also increases the federal cost share of a grant project that serves a small, rural, or disadvantaged community to 90% of the total cost of the project. However, the federal share may be increased to 100% of the project's total cost if the grant recipient is unable to pay, or would experience significant financial hardship if required to pay, the nonfederal share.

114 S654 IS: Delaware River Basin Conservation Reauthorization Act of 2023 U.S. Senate 2023-03-06 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 1st Session S. 654 IN THE SENATE OF THE UNITED STATES March 6, 2023 Mr. Carper Mr. Booker Mr. Cardin Mr. Casey Mr. Coons Committee on Environment and Public Works A BILL To amend the Water Infrastructure Improvements for the Nation Act to reauthorize Delaware River Basin conservation programs, and for other purposes. 1. Short title This Act may be cited as the Delaware River Basin Conservation Reauthorization Act of 2023 2. Delaware River Basin Conservation reauthorization (a) Findings Section 3501(2) of the Water Infrastructure Improvements for the Nation Act ( Public Law 114–322 Maryland, Delaware, (b) Definitions of Basin and Basin state Section 3502 of the Water Infrastructure Improvements for the Nation Act ( Public Law 114–322 (1) in paragraph (1)— (A) by striking 4-State 5-State (B) by inserting Maryland, Delaware, (2) in paragraph (2), by inserting Maryland, Delaware, (c) Cost sharing Section 3504(c)(1) of the Water Infrastructure Improvements for the Nation Act ( Public Law 114–322 (1) by striking The Federal share (A) In general Except as provided in subparagraph (B), the Federal share ; and (2) by adding at the end the following: (B) Small, rural, and disadvantaged communities (i) In general Subject to clause (ii), the Federal share of the cost of a project funded under the grant program that serves a small, rural, or disadvantaged community shall be 90 percent of the total cost of the project, as determined by the Secretary. (ii) Waiver The Secretary may increase the Federal share under clause (i) to 100 percent of the total cost of the project if the Secretary determines that the grant recipient is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share. . (d) Sunset Section 3507 of the Water Infrastructure Improvements for the Nation Act ( Public Law 114–322 2023 2030

Delaware River Basin Conservation Reauthorization Act of 2023

Chronic Disease Management Act of 2023 This bill modifies requirements for health savings accounts (HSAs) to permit the high deductible health plans required for an HSA to provide care for chronic conditions with no deductible. The bill covers any preventive care service or item used to treat a chronic condition if (1) such service or item is low-cost, (2) there is medical evidence of the effectiveness of such service or item, and (3) there is a strong likelihood that the use of such service or item will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher cost treatment. The bill further provides that an individual who has been prescribed preventive care for any chronic condition may be presumed to have been diagnosed with such condition if such preventive care is customarily prescribed for such condition.

118 S655 IS: Chronic Disease Management Act of 2023 U.S. Senate 2023-03-06 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 1st Session S. 655 IN THE SENATE OF THE UNITED STATES March 6, 2023 Mr. Thune Mr. Carper Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to permit high deductible health plans to provide chronic disease prevention services to plan enrollees prior to satisfying their plan deductible. 1. Short title This Act may be cited as the Chronic Disease Management Act of 2023 2. Chronic disease prevention (a) In general Section 223(c)(2) (F) Preventive care services and items for chronic conditions For purposes of subparagraph (C)— (i) preventive care shall include any service or item used to treat an individual with a chronic condition if— (I) such service or item is low-cost, (II) in regards to such service or item, there is medical evidence supporting high cost efficiency of preventing exacerbation of the chronic condition or the development of a secondary condition, and (III) there is a strong likelihood, documented by clinical evidence, that with respect to the class of individuals utilizing such service or item, the specific service or use of the item will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher cost treatments, and (ii) an individual who has been prescribed preventive care for any chronic condition may be presumed to have been diagnosed with such condition if such preventive care is customarily prescribed for such condition. . (b) Effective date The amendment made by this section shall apply to coverage for months beginning after the date of the enactment of this Act.

Chronic Disease Management Act of 2023

Veteran Improvement Commercial Driver License Act of 2023 This bill authorizes approval of certain commercial driver education programs for purposes of Department of Veterans Affairs (VA) educational assistance if the programs meet specified requirements. Under current law, the VA may not approve enrollment of a veteran in courses for programs that do not lead to a standard degree that are offered at a new branch (i.e., a branch that has been operating for less than 2 years) of an educational institution. Under the bill, a commercial driver education program offered at a new branch of an educational institution may be approved if it is appropriately licensed and uses the same curriculum as a commercial driver education program offered by the educational institution at another location that is already approved for purposes of VA educational assistance. The educational institution must submit a report demonstrating the curriculum at the new branch is the same as the curriculum at the primary location in order to be exempt from the current prohibition against course approval at new branches.

118 S656 ES: Veteran Improvement Commercial Driver License 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. 656 IN THE SENATE OF THE UNITED STATES AN ACT To amend title 38, United States Code, to revise the rules for approval by the Secretary of Veterans Affairs of commercial driver education programs for purposes of veterans educational assistance, and for other purposes. 1. Short title This Act may be cited as the Veteran Improvement Commercial Driver License Act of 2023 2. Modification of rules for approval of commercial driver education programs for purposes of veterans educational assistance (a) In general Section 3680A(e) of title 38, United States Code, is amended— (1) by redesignating paragraphs (1) through (3) as subparagraphs (A) though (C), respectively; (2) in the matter before subparagraph (A), as redesignated by paragraph (1), by inserting (1) The Secretary (3) in paragraph (1)(B), as redesignated by paragraph (1), by inserting except as provided in paragraph (2), the course (4) by adding at the end the following new paragraph (2): (2) (A) Subject to this paragraph, a commercial driver education program is exempt from paragraph (1)(B) for a branch of an educational institution if the commercial driver education program offered at the branch by the educational institution— (i) is appropriately licensed; and (ii) uses the same curriculum as a commercial driver education program offered by the educational institution at another location that is approved for purposes of this chapter by a State approving agency or the Secretary when acting in the role of a State approving agency. (B) (i) In order for a commercial driver education program of an educational institution offered at a branch described in paragraph (1)(B) to be exempt under subparagraph (A) of this paragraph, the educational institution shall submit to the Secretary each year that paragraph (1)(B) would otherwise apply a report that demonstrates that the curriculum at the new branch is the same as the curriculum at the primary location. (ii) Reporting under clause (i) shall be submitted in accordance with such requirements as the Secretary shall establish in consultation with the State approving agencies. (C) (i) The Secretary may withhold an exemption under subparagraph (A) for any educational institution or branch of an educational institution as the Secretary considers appropriate. (ii) In making any determination under clause (i), the Secretary may consult with the Secretary of Transportation on the performance of a provider of a commercial driver program, including the status of the provider within the Training Provider Registry of the Federal Motor Carrier Safety Administration when appropriate. . (b) Implementation (1) Establishment of requirements Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish requirements under section 3680A(e)(2)(B)(ii) of such title, as added by subsection (a). (2) Applicability The amendments made by subsection (a) shall apply to commercial driver education programs on and after the date that is 180 days after the date on which the Secretary establishes the requirements under paragraph (1) of this subsection. Passed the Senate November 2, 2023. Secretary

Veteran Improvement Commercial Driver License Act of 2023

EQIP Improvement Act of 2023 This bill amends the Environmental Quality Incentives Program (EQIP) to reduce and remove certain payment requirements. (EQIP provides technical and financial assistance to agricultural producers and forest landowners to address natural resource concerns.) Specifically, the bill reduces the maximum payments available to a person or legal entity under EQIP to $150,000 per five-year period (from the current level of $450,000), thereby allowing for an increase in the overall number of participants in the program; reduces federal cost sharing to 40% (from 75%) for the costs associated with planning, installation, or maintenance for specified conservation practices (e.g., access roads, dams, and waste storage facilities); and removes a requirement that 50% of EQIP funding payments go to livestock production programs.

118 S658 IS: EQIP Improvement Act of 2023 U.S. Senate 2023-03-06 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 1st Session S. 658 IN THE SENATE OF THE UNITED STATES March 6, 2023 Mr. Booker Mr. Lee Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food Security Act of 1985 to make adjustments to the environmental quality incentives program, and for other purposes. 1. Short title This Act may be cited as the EQIP Improvement Act of 2023 2. Environmental Quality Incentives Program reforms (a) In general Section 1240B of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2 (1) in subsection (d), by striking paragraph (2) and inserting the following: (2) Limitation on payments A payment to a producer for performing a practice may not exceed, as determined by the Secretary— (A) except as provided in subparagraphs (B) through (D), 75 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; (B) 40 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training for— (i) an access road; (ii) an animal mortality facility; (iii) an aquaculture pond; (iv) clearing and snagging; (v) a dam; (vi) a dam using a diversion; (vii) a dike; (viii) a diversion; (ix) a fish raceway or tank; (x) an irrigation pipeline; (xi) an irrigation reservoir; (xii) land clearing; (xiii) land smoothing; (xiv) a livestock pipeline; (xv) obstruction removal; (xvi) a pond; (xvii) a pumping plant; (xviii) spoil spreading; (xix) a surface drain using a field ditch; (xx) a main or lateral surface drain; (xxi) a vertical drain; (xxii) a waste facility closure; (xxiii) a waste storage facility; (xxiv) waste transfer; or (xxv) a waste treatment lagoon; (C) 100 percent of income foregone by the producer; or (D) in the case of a practice that includes 1 or more elements described in subparagraphs (A) through (C)— (i) 75 percent of the costs incurred with respect to any elements described in subparagraph (A); (ii) 40 percent of the costs incurred with respect to any elements described in subparagraph (B); and (iii) 100 percent of the income forgone with respect to any elements described in subparagraph (C). ; and (2) in subsection (f), by striking the subsection designation and heading and all that follows through For each (f) Allocation of funding for wildlife habitat For each . (b) Limitation on payments Section 1240G of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–7 $450,000 $150,000 (c) Report to Congress Section 1240B of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2 (k) Annual report to Congress Not less frequently than once each year, the Secretary shall submit to Congress a report describing— (1) the amount obligated under the program with respect to each category of practice, with information categorized by fiscal year and State; and (2) the amount obligated under the program in each State, with information categorized by fiscal year and the size of the operation of each producer. .

EQIP Improvement Act of 2023

Adminitrative False Claims Act of 2023 This bill modifies provisions regarding fraud committed against the federal government. Specifically, the bill raises the maximum amount of a fraud claim that may be handled administratively from $150,000 to $1 million and allows the government to recoup costs for investigating and prosecuting these frauds.

99 S659 ES: Administrative False Claims 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. 659 IN THE SENATE OF THE UNITED STATES AN ACT To amend chapter 38 1. Short title This Act may be cited as the Administrative False Claims Act of 2023 2. Administrative false claims (a) Change in short title (1) In general Subtitle B of title VI of the Omnibus Budget Reconciliation Act of 1986 ( Public Law 99–509 (A) in the subtitle heading, by striking Program Fraud Civil Remedies Administrative False Claims (B) in section 6101 ( 31 U.S.C. 3801 Program Fraud Civil Remedies Act of 1986 Administrative False Claims Act (2) References Any reference to the Program Fraud Civil Remedies Act of 1986 in any provision of law, regulation, map, document, record, or other paper of the United States shall be deemed a reference to the Administrative False Claims Act. (b) Reverse false claims Chapter 38 (1) in section 3801(a)(3), by amending subparagraph (C) to read as follows: (C) made to an authority which has the effect of concealing or improperly avoiding or decreasing an obligation to pay or transmit property, services, or money to the authority, ; and (2) in section 3802(a)(3)— (A) by striking An assessment (A) Except as provided in subparagraph (B), an assessment (B) by adding at the end the following: (B) In the case of a claim described in section 3801(a)(3)(C), an assessment shall not be made under the second sentence of paragraph (1) in an amount that is more than double the value of the property, services, or money that was wrongfully withheld from the authority. . (c) Increasing dollar amount of claims Section 3803(c) of title 31, United States Code, is amended— (1) in paragraph (1), by striking $150,000 $1,000,000 (2) by adding at the end the following: (3) Adjustment for inflation The maximum amount in paragraph (1) shall be adjusted for inflation in the same manner and to the same extent as civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act ( 28 U.S.C. 2461 . (d) Recovery of costs Section 3806(g)(1) of title 31, United States Code, is amended to read as follows: (1) (A) Except as provided in paragraph (2)— (i) any amount collected under this chapter shall be credited first to reimburse the authority or other Federal entity that expended costs in support of the investigation or prosecution of the action, including any court or hearing costs; and (ii) amounts reimbursed under clause (i) shall— (I) be deposited in— (aa) the appropriations account of the authority or other Federal entity from which the costs described in subparagraph (A) were obligated; (bb) a similar appropriations account of the authority or other Federal entity; or (cc) if the authority or other Federal entity expended nonappropriated funds, another appropriate account; and (II) remain available until expended. (B) Any amount remaining after reimbursements described in subparagraph (A) shall be deposited as miscellaneous receipts in the Treasury of the United States. . (e) Semiannual reporting Section 405(c) of title 5, United States Code, is amended— (1) in paragraph (4), by striking and (2) by redesignating paragraph (5) as paragraph (6); and (3) by inserting after paragraph (4) the following: (5) information relating to cases under chapter 38 (A) the number of reports submitted by investigating officials to reviewing officials under section 3803(a)(1) of such title; (B) actions taken in response to reports described in subparagraph (A), which shall include statistical tables showing— (i) pending cases; (ii) resolved cases; (iii) the average length of time to resolve each case; (iv) the number of final agency decisions that were appealed to a district court of the United States or a higher court; and (v) if the total number of cases in a report is greater than 2— (I) the number of cases that were settled; and (II) the total penalty or assessment amount recovered in each case, including through a settlement or compromise; and (C) instances in which the reviewing official declined to proceed on a case reported by an investigating official; and . (f) Increasing efficiency of DOJ processing Section 3803(j) of title 31, United States Code, is amended— (1) by inserting (1) The reviewing (2) by adding at the end the following: (2) A reviewing official shall notify the Attorney General in writing not later than 30 days before entering into any agreement to compromise or settle allegations of liability under section 3802 and before the date on which the reviewing official is permitted to refer allegations of liability to a presiding officer under subsection (b). . (g) Revision of definition of hearing officials (1) In general Chapter 38 (A) in section 3801(a)(7)— (i) in subparagraph (A), by striking or (ii) in subparagraph (B)(vii), by adding or (iii) by adding at the end the following: (C) a member of the board of contract appeals pursuant to section 7105 of title 41, if the authority does not employ an available presiding officer under subparagraph (A); ; and (B) in section 3803(d)(2)— (i) in subparagraph (A), by striking and (ii) in subparagraph (B)— (I) by striking the presiding (i) in the case of a referral to a presiding officer described in subparagraph (A) or (B) of section 3801(a)(7), the presiding (II) in clause (i), as so designated, by striking the period at the end and inserting ; or (III) by adding at the end the following: (ii) in the case of a referral to a presiding officer described in subparagraph (C) of section 3801(a)(7)— (I) the reviewing official shall submit a copy of the notice required by under paragraph (1) and of the response of the person receiving such notice requesting a hearing— (aa) to the board of contract appeals that has jurisdiction over matters arising from the agency of the reviewing official pursuant to section 7105(e)(1) of title 41; or (bb) if the Chair of the board of contract appeals declines to accept the referral, to any other board of contract appeals; and (II) the reviewing official shall simultaneously mail, by registered or certified mail, or shall deliver, notice to the person alleged to be liable under section 3802 that the referral has been made to an agency board of contract appeals with an explanation as to where the person may obtain the relevant rules of procedure promulgated by the board; and ; and (iii) by adding at the end the following: (C) in the case of a hearing conducted by a presiding officer described in subparagraph (C) of section 3801(a)(7)— (i) the presiding officer shall conduct the hearing according to the rules and procedures promulgated by the board of contract appeals; and (ii) the hearing shall not be subject to the provisions in subsection (g)(2), (h), or (i). . (2) Agency boards Section 7105(e) of title 41, United States Code, is amended— (A) in paragraph (1), by adding at the end the following: (E) Administrative False Claims Act (i) In general The boards described in subparagraphs (B), (C), and (D) shall have jurisdiction to hear any case referred to a board of contract appeals under section 3803(d) of title 31. (ii) Declining referral If the Chair of a board described in subparagraph (B), (C), or (D) determines that accepting a case under clause (i) would prevent adequate consideration of other cases being handled by the board, the Chair may decline to accept the referral. ; and (B) in paragraph (2), by inserting or, in the event that a case is filed under chapter 38 (3) Regulations Not later than 180 days after the date of enactment of this Act, each authority head, as defined in section 3801 of title 31, United States Code, and each board of contract appeals of a board described in subparagraph (B), (C), or (D) of section 7105(e) of title 41, United States Code, shall amend procedures regarding proceedings as necessary to implement the amendments made by this subsection. (h) Revision of limitations Section 3808 of title 31, United States Code, is amended by striking subsection (a) and inserting the following: (a) A notice to the person alleged to be liable with respect to a claim or statement shall be mailed or delivered in accordance with section 3803(d)(1) not later than the later of— (1) 6 years after the date on which the violation of section 3802 is committed; or (2) 3 years after the date on which facts material to the action are known or reasonably should have been known by the authority head, but in no event more than 10 years after the date on which the violation is committed. . (i) Definitions Section 3801 of title 31, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (8), by striking and (B) in paragraph (9), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (10) material (11) obligation ; and (2) by adding at the end the following: (d) For purposes of subsection (a)(10), materiality shall be determined in the same manner as under section 3729 of this title. . (j) Promulgation of regulations Not later than 180 days after the date of enactment of this Act, each authority head, as defined in section 3801 of title 31, United States Code, shall— (1) promulgate regulations and procedures to carry out this Act and the amendments made by this Act; and (2) review and update existing regulations and procedures of the authority to ensure compliance with this Act and the amendments made by this Act. Passed the Senate March 30, 2023. Secretary

Administrative False Claims Act of 2023

NOTAM Improvement Act of 2023 This bill directs the Federal Aviation Administration (FAA) to establish the FAA Task Force on NOTAM (notice to air missions required by international or domestic law) Improvement. A NOTAM is a notice containing information essential to personnel concerned with flight operations but not known far enough in advance to be publicized by other means. It states the abnormal status of a component of the National Airspace System. Specifically, the task force must (1) review existing methods for presenting NOTAMs and flight operations information for pilots; (2) review regulations and policies relating to NOTAMs, including their content and presentation to pilots; (3) evaluate and determine best practices to organize, prioritize, and present flight operations information in a manner that optimizes pilot review and retention of relevant information; (4) provide recommendations to improve the presentation of NOTAM information; and (5) report to Congress on its reviews and evaluations.

118 S66 IS: NOTAM Improvement Act of 2023 U.S. Senate 2023-01-25 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. 66 IN THE SENATE OF THE UNITED STATES January 25, 2023 Ms. Klobuchar Mr. Moran Mrs. Capito Committee on Commerce, Science, and Transportation A BILL To establish a task force on improvements for notices to air missions, and for other purposes. 1. Short title This Act may be cited as the NOTAM Improvement Act of 2023 2. FAA Task Force on NOTAM Improvement (a) Establishment Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a task force to be known as the FAA Task Force on NOTAM Improvement (in this section referred to as the Task Force (b) Composition The Task Force shall consist of members appointed by the Administrator, including at least one member of each of the following: (1) Air carrier representatives. (2) Airport representatives. (3) Labor union representatives of airline pilots. (4) Labor union representatives of aircraft dispatchers. (5) The labor union certified under section 7111 of title 5, United States Code, to represent FAA air traffic control specialists assigned to the United States NOTAMs Office. (6) The labor union certified under section 7111 of title 5, United States Code, to represent FAA aeronautical information specialists. (7) General and business aviation representatives. (8) Aviation safety experts with knowledge of NOTAMs. (9) Human factors experts. (10) Computer system architecture and cybersecurity experts. (c) Duties The duties of the Task Force shall include— (1) reviewing existing methods for presenting NOTAMs and flight operations information to pilots; (2) reviewing regulations and policies relating to NOTAMs, including their content and presentation to pilots; (3) evaluating and determining best practices to organize, prioritize, and present flight operations information in a manner that optimizes pilot review and retention of relevant information; and (4) providing recommendations for— (A) improving the presentation of NOTAM information in a manner that prioritizes or highlights the most important information, and optimizes pilot review and retention of relevant information; (B) ways to ensure that NOTAMs are complete, accurate, and contain the proper information; (C) any best practices that the FAA should consider to improve the accuracy and understandability of NOTAMs and the display of flight operations information; (D) ways to work with air carriers, other airspace users, and aviation service providers to implement solutions that are aligned with the recommendations under this paragraph; and (E) ensuring the stability, resiliency, and cybersecurity of the NOTAM computer system. (d) Report Not later than 1 year after the date of the establishment of the Task Force, the Task Force shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing— (1) the results of the reviews and evaluations of the Task Force under paragraphs (1) through (3) of subsection (c); (2) the best practices identified and recommendations provided by the Task Force under subsection (c)(4); (3) any recommendations of the Task Force for additional regulatory or policy actions to improve the presentation of NOTAMs; and (4) the degree to which implementing the recommendations of the Task Force described under paragraph (2) will address National Transportation Safety Board Safety Recommendation A–18–024. (e) Applicable law The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force. (f) Sunset The Task Force shall terminate on the later of— (1) the date on which the Task Force submits the report required under subsection (d); or (2) the date that is 18 months after the date on which the Task Force is established under subsection (a). (g) Authority The Administrator shall have the authority to carry out the recommendations of the Task Force detailed in the report required under subsection (d). (h) Definitions In this section: (1) FAA The term FAA (2) NOTAM The term NOTAM

NOTAM Improvement Act of 2023

Water System Threat Preparedness and Resilience Act of 2023 This bill requires the Environmental Protection Agency (EPA) to create a program to support increased membership and involvement of certain smaller water utilities and water treatment works (e.g., wastewater systems) in the Water Information Sharing and Analysis Center (WaterISAC). As background, WaterISAC is a group of water and wastewater systems and associations that coordinate with the EPA and other federal agencies to collect and analyze data on water security and threats. WaterISAC also provides analysis and resources to support response, mitigation, and resilience initiatives. Under the bill, the EPA must develop a program to encourage and support WaterISAC membership by community water systems (e.g., public water systems that regularly serve at least 25 year-round residents) and water treatment works, offset membership dues for community water systems and water treatment works, cooperate and coordinate with WaterISAC to expand incident data collection and analysis of threats related to the water sector, and enhance WaterISAC's tools and resources for monitoring the water sector and increase the preparedness of community water systems and publicly owned water treatment works to identify and respond to malevolent acts or natural hazards.

118 S660 IS: Water System Threat Preparedness and Resilience Act of 2023 U.S. Senate 2023-03-06 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 1st Session S. 660 IN THE SENATE OF THE UNITED STATES March 6, 2023 Mr. Markey Committee on Environment and Public Works A BILL To establish a program to increase drinking water and wastewater system threat preparedness and resilience, and for other purposes. 1. Short title This Act may be cited as the Water System Threat Preparedness and Resilience Act of 2023 2. Program establishment (a) Definitions In this section: (1) Community water system The term community water system 42 U.S.C. 300f (2) Natural hazard The term natural hazard 42 U.S.C. 300i–2(h) (3) Treatment works The term treatment works 33 U.S.C. 1292 (4) Water Information Sharing and Analysis Center The term Water Information Sharing and Analysis Center 42 U.S.C. 300i–4(d) (b) Establishment Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall develop and carry out a program— (1) to encourage, support, and maintain the participation of community water systems, treatment works, and other appropriate entities in the Water Information Sharing and Analysis Center; (2) to offset costs incurred by community water systems and treatment works that are necessary to maintain or initiate membership in the Water Information Sharing and Analysis Center; (3) to expand the cooperation and coordination of the Environmental Protection Agency with the Water Information Sharing and Analysis Center with respect to incident data collection and analysis of water sector-related threats; and (4) to enhance the tools, resources, and materials of the Water Information Sharing and Analysis Center for— (A) monitoring the status of the water sector; and (B) enhancing the preparedness of community water systems and publicly owned treatment works to identify, protect against, detect, respond to, and recover from malevolent acts (within the meaning of section 1433 of the Safe Drinking Water Act ( 42 U.S.C. 300i–2 (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2024 and 2025, to remain available until expended.

Water System Threat Preparedness and Resilience Act of 2023

Crypto-Asset Environmental Transparency Act of 2023 This bill establishes greenhouse gas (GHG) emission reporting and related requirements for certain crypto-asset mining operations, such as facilities that mine Bitcoin. The bill directs the Environmental Protection Agency (EPA) to revise reporting requirements under the Greenhouse Gas Reporting Program to require crypto-asset mining operations that consume five megawatts of electricity or more to report their greenhouse gas emissions to the EPA. The EPA must also designate such operations as a source category of GHG emissions that is subject to greenhouse gas reporting requirements and related monitoring, recordkeeping, and reporting requirements.In addition, the EPA must request information from crypto-asset mining operations and assess the extent to which any operations are improperly operating without a valid and current permit under the Clean Air Act. The bill also expands the meaning of data center under the Energy Independence and Security Act of 2007 to include facilities in which two or more computers are mining crypto-assets. Thus, such facilities are included in the scope of energy efficiency programs for data centers under that act. Finally, the EPA must study the environmental impacts of crypto-asset mining.

118 S661 IS: Crypto-Asset Environmental Transparency Act of 2023 U.S. Senate 2023-03-06 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 1st Session S. 661 IN THE SENATE OF THE UNITED STATES March 6, 2023 Mr. Markey Mr. Merkley Mr. Sanders Committee on Environment and Public Works A BILL To require an interagency study on the environmental and energy impacts of crypto-asset mining, to assess crypto-asset mining compliance with the Clean Air Act, and for other purposes. 1. Short title This Act may be cited as the Crypto-Asset Environmental Transparency Act of 2023 2. Definitions In this Act: (1) Administrator The term Administrator (2) Air pollutant The term air pollutant 42 U.S.C. 7602 (3) Block The term block (4) Blockchain The term blockchain (A) the data are shared across a network that creates a digital ledger of verified transactions or information among network participants; and (B) the data are typically linked using cryptography to maintain the integrity of the ledger and execute other functions, including transfer of ownership or value. (5) Consensus mechanism The term consensus mechanism (6) Crypto-asset The term crypto-asset (7) Crypto-asset mining The term crypto-asset mining (8) Power load The term power load (9) Qualifying crypto-asset mining operation The term qualifying crypto-asset mining operation (A) an individual crypto-asset mining facility that has a power load that is greater than or equal to 5 megawatts; or (B) multiple crypto-asset mining facilities that— (i) are owned by the same company; and (ii) (I) each have a power load that is less than 5 megawatts; but (II) have a cumulative power load that is greater than or equal to 5 megawatts. (10) Scope 1 emissions The term scope 1 emissions (11) Scope 2 emissions The term scope 2 emissions (12) Secretary The term Secretary 3. Compliance with the Clean Air Act (a) Rulemaking required (1) Proposed regulation Not later than 1 year after the date of enactment of this Act, the Administrator shall, pursuant to section 114(a) of the Clean Air Act ( 42 U.S.C. 7414(a) (A) to require qualifying crypto-asset mining operations to report as covered facilities under subpart A of that part; (B) to add a new subpart to that part that includes qualifying crypto-asset mining operations as a source category; (C) to include in the new subpart created under subparagraph (B) appropriate calculation methodologies, reporting guidelines, and monitoring operations of, with respect to qualifying crypto-asset mining operations, scope 1 emissions and scope 2 emissions; and (D) to designate the qualifying crypto-asset mining operations source category established pursuant to subparagraph (B) as a source category that is subject to greenhouse gas reporting requirements and related monitoring, recordkeeping, and reporting requirements under section 98.2 of that title, regardless of whether a qualifying crypto-asset mining operation emits at least 25,000 metric tons of carbon dioxide-equivalent. (2) Final Rule Not later than 180 days after the date on which the public comment period on the proposed rule under paragraph (1) closes, the Administrator shall issue a final rule revising part 98 of title 40, Code of Federal Regulations. (b) Assessment Not later than 1 year after the date on which the Administrator finalizes the rule required under subsection (a), the Administrator shall, pursuant to section 114(a) of the Clean Air Act ( 42 U.S.C. 7414(a) 42 U.S.C. 7401 et seq. (c) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for fiscal year 2023, to remain available until expended. (d) Savings provision Nothing in this section limits the ability of the Administrator to require the reporting of emissions of any type in another source category. 4. Impact study (a) In general Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary, the Administrator of the Energy Information Administration, the Federal Energy Regulatory Commission, and the head of any other Federal agency the Administrator or the Secretary determines appropriate, shall conduct a study on the environmental impacts of crypto-asset mining in the United States. (b) Study Requirements The study required under subsection (a) shall include— (1) the number and location of any existing or planned qualifying crypto-asset mining operation; (2) the amount of greenhouse gas emissions and other air pollutants that are— (A) released by an onsite energy source; and (B) attributable to offsite-generated electricity, steam, heat, or cooling provided to a qualifying crypto-asset mining operation; (3) the anticipated increase of new, and expansion of existing, qualifying crypto-asset mining operations; (4) the potential impacts of electric energy consumption by qualifying crypto-asset mining operations, including by prolonging the use of fossil fuel generators, on the ability of the United States to achieve the greenhouse gas emission reductions necessary to keep global warming below 1.5 degrees Celsius compared to pre-industrial levels; (5) the ecological impacts, including ecological impacts associated with electronic waste generation and the use or discharge of cooling water, caused by qualifying crypto-asset mining operations; (6) the potential public health impacts due to the reduced air and water quality and increased water stress on communities near qualifying crypto-asset mining operations; (7) the potential public health impacts from greenhouse gas emissions released by qualifying crypto-asset mining operations; (8) the potential public health and ecological impacts from noise generated by qualifying crypto-asset mining operations; (9) the amount of electric energy consumed by each qualifying crypto-asset mining operation, including the time of use of electricity and the potential grid stress posed by the power load of the qualifying crypto-asset mining operation; (10) the source of electric energy consumed by each qualifying crypto-asset mining operation; (11) the aggregated energy-use statistics and greenhouse gas emissions statistics for qualifying crypto-asset mining operations in the United States; (12) an analysis of energy use and greenhouse gas emissions by type of consensus mechanism; (13) an analysis of demand-response programs negotiated between qualifying crypto-asset mining operations and electric utilities; (14) an analysis of potential rate-design measures that could be implemented by State and local regulators to reduce the energy consumption and dependence on fossil fuel energy sources of crypto-asset mining operations; (15) a geospatial assessment of the extent to which crypto-asset mining operations are located within environmental justice communities, as defined by the Administrator or within the Climate and Economic Justice Screening Tool of the Council on Environmental Quality; and (16) an identification of, and recommendations for, best practices for data types, data sources, and methodologies for accurately measuring, modeling, and tracking the environmental impacts of crypto-asset mining operations in the United States in the future. (c) Public Comment Before conducting the study required by subsection (a), the Administrator shall provide an opportunity for public comment and advice relevant to conducting the study. (d) Report to Congress Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to the Committees on Energy and Commerce and Science, Space, and Technology of the House of Representatives and the Committees on Environment and Public Works and Energy and Natural Resources of the Senate, and publish on the public websites of the Environmental Protection Agency and the Department of Energy, a report that contains the results of the study required by subsection (a). (e) Authorization of Appropriations There is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for fiscal year 2023, to remain available until expended. 5. Energy efficiency of data center buildings Section 453(a)(1) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17112(a)(1) (1) in subparagraph (A), by striking ‘‘or’’ at the end after the semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ‘‘; or’’; and (3) by adding at the end the following: (C) a facility in which 2 or more computers perform logical operations to mine or create crypto-asset (as defined in section 2 of the Crypto-Asset Environmental Transparency Act of 2023 .

Crypto-Asset Environmental Transparency Act of 2023

Sultana Steamboat Disaster Commemorative Coin Act of 2023 This bill directs the Department of the Treasury to mint and issue not more than 100,000 $5 gold coins, 500,000 $1 silver coins, and 750,000 half-dollar clad coins emblematic of the Sultana steamboat explosion that occured on April 27, 1865, on the Mississippi River. All surcharges received by Treasury from the sale of such coins must be paid to the Sultana Historical Preservation Society for the purpose of establishing, operating, and maintaining a museum.

118 S668 IS: Sultana Steamboat Disaster Commemorative Coin Act of 2023 U.S. Senate 2023-03-07 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 1st Session S. 668 IN THE SENATE OF THE UNITED STATES March 7, 2023 Mr. Boozman Mr. Cotton Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of the Treasury to mint coins to honor and memorialize the tragedy of the Sultana steamboat explosion of 1865. 1. Short title This Act may be cited as the Sultana Steamboat Disaster Commemorative Coin Act of 2023 2. Findings Congress finds the following: (1) On April 27, 1865, the Sultana, a Mississippi River paddlewheel steamboat, exploded killing nearly 1,200 of the 2,137 passengers and crew on board. Based on the number of recorded casualties, this event is the worst maritime disaster in United States history. (2) Those aboard the boat were mostly paroled Union soldiers recently released from the Confederate prisoner-of-war camps in Cahaba, Alabama, and Andersonville, Georgia. These men largely hailed from Ohio, Tennessee, Indiana, Michigan, Kentucky, and West Virginia. (3) The Sultana disaster was overshadowed by other major events surrounding the end of the American Civil War, including the assassination of President Abraham Lincoln on April 15, 1865, and subsequently, the killing of President Lincoln’s assassin, John Wilkes Booth, on April 26, 1865, just 1 day before the Sultana disaster. (4) The Sultana Historical Preservation Society now operates the Sultana Disaster Museum in Marion, Arkansas, with artifacts, stories, and exhibits that tell this story. Plans and fundraising are progressing for a much larger facility that can better acquire and preserve the Sultana history. 3. Coin specifications (a) Denominations In recognition and remembrance of the tragedy of the Sultana steamboat explosion of 1865, which is the greatest maritime disaster in United States history, the Secretary of the Treasury (hereinafter in this Act referred to as the Secretary (1) $5 gold coins Not more than 100,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain not less than 90 percent gold. (2) $1 silver coins Not more than 500,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins Not more than 750,000 half-dollar coins which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Designs of coin (a) Design requirements The designs of the coins minted under this Act shall be emblematic of the historical significance of the Sultana disaster and the sacrifice of the many people of the United States who died and survived on April 27, 1865. (b) Designation and inscriptions On each coin minted under this Act, there shall be— (1) a designation of the value of the coin; (2) an inscription of the year 2023 (3) inscriptions of the words Liberty In God We Trust United States of America E Pluribus Unum (c) Selection The designs for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period of issuance The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (c) Marketing and educational campaign The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. 7. Surcharges (a) In general All sales of coins issued under this Act shall include a surcharge of— (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half-dollar coin. (b) Distribution Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Sultana Historical Preservation Society for the purpose of establishing, operating, and maintaining a museum to tell the story of the Sultana, including— (1) constructing the museum facility; (2) creating, maintaining, and updating as necessary museum exhibits; (3) acquiring and preserving artifacts, memorabilia, and historic sites related to the Sultana disaster; and (4) maintaining an operational reserve fund for the purposes described in this subsection. (c) Audits The Sultana Historical Preservation Society shall be subject to the audit requirements of section 5134(f) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of enactment of this Act). The Secretary may issue guidance to carry out this subsection. 8. Financial assurances The Secretary shall take such actions as may be necessary to ensure that— (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to the recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

Sultana Steamboat Disaster Commemorative Coin Act of 2023

Increasing Mental Health Options Act of 2023 This bill provides for an additional payment for clinical psychologists under Medicare who provide services in designated health professional shortage areas. It also allows clinical psychologists to provide behavioral health services (in accordance with state law) for purposes of hospitalization services, home health services, and other services under Medicare.

118 S669 IS: Increasing Mental Health Options Act of 2023 U.S. Senate 2023-03-07 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 1st Session S. 669 IN THE SENATE OF THE UNITED STATES March 7, 2023 Mr. Brown Ms. Collins Mr. Heinrich Mr. Mullin Committee on Finance A BILL To amend title XVIII of the Social Security Act to expand access to psychological and behavioral services. 1. Short title This Act may be cited as the Increasing Mental Health Options Act of 2023 2. Expanding eligibility for incentives to practice in rural and underserved areas Section 1833(m) of the Social Security Act ( 42 U.S.C. 1395l(m) (1) in paragraph (1)— (A) by inserting (A) In the case (B) by adding at the end the following new subparagraph: (B) In the case of services furnished by a clinical psychologist (as defined by the Secretary for purposes of section 1861(ii)) in a year (beginning with 2025) to an individual, who is covered under the insurance program established by this part and who incurs expenses for such services, in an area that is designated (under section 332(a)(1)(A) of the Public Health Service Act) as a health professional shortage area as identified by the Secretary prior to the beginning of such year, in addition to the amount otherwise paid under this part, there also shall be paid to the clinical psychologist (or to an employer or facility in the cases described in clause (A) of section 1842(b)(6)) (on a monthly or quarterly basis) from the Federal Supplementary Medical Insurance Trust Fund an amount equal to 10 percent of the payment amount for the service under this part ; and (2) in paragraph (2), by inserting or clinical psychologist physician 3. Eliminating unnecessary oversight and approval requirements for behavioral health services provided by clinical psychologists (a) Comprehensive Outpatient Rehabilitation Facilities Section 1835(a)(2)(E)(iii) of the Social Security Act ( 42 U.S.C. 1395n(a)(2)(E)(iii) , except that an individual receiving qualified psychologist services as described in section 1861(ii) may be under the care of a clinical psychologist with respect to such services to the extent authorized under State law (b) Skilled Nursing Facilities Section 1819(b) of such Act ( 42 U.S.C. 1395i–3(b) (1) in paragraph (5)(G), by inserting clinical psychologist, nurse practitioner, (2) in paragraph (6)(A), by inserting , except that a resident receiving qualified psychologist services as described in section 1861(ii) may be under the supervision of a clinical psychologist with respect to such services to the extent authorized under State law (c) Partial hospitalization services (1) Section 1835(a)(2)(F)(iii) of the Social Security Act ( 42 U.S.C. 1395n(a)(2)(F)(iii) , except that an individual receiving qualified psychologist services as described in section 1861(ii) may be under the care of a clinical psychologist with respect to such services to the extent authorized under State law (2) Section 1861(ff)(1) of such Act ( 42 U.S.C. 1395x(ff)(1) (or, in the case of qualified psychologist services, under the supervision of a clinical psychologist to the extent authorized under State law) under the supervision of a physician (d) Home health services (1) Section 1861(m) of such Act ( 42 U.S.C. 1395x(m) (A) in paragraph (6), by striking and (B) in paragraph (7), by inserting and (C) by inserting after paragraph (7) the following new paragraph: (8) an individual receiving qualified psychologist services may be under the care of a clinical psychologist with respect to such services to the extent authorized under State law; . (2) Section 1891(a)(3)(F) of such Act ( 42 U.S.C. 1395bbb(a)(3)(F) clinical psychologist, physician, (e) Inpatient psychiatric hospital services Section 1814(a)(2)(A) of such Act ( 42 U.S.C. 1395f(a)(2)(A) (or, in the case of qualified psychologist services, under the supervision of a clinical psychologist to the extent authorized under State law) under the supervision of a physician (f) Rule of construction In accordance with section 410.71(e) of title 42, Code of Federal Regulations (or any successor regulation), nothing in the provisions of, and amendments made by, this section shall be construed as changing or eliminating existing requirements regarding clinical consultation by clinical psychologists with a beneficiary’s physician, in accordance with accepted professional ethical norms and taking into consideration patient confidentiality. (g) Effective date The amendments made by this section shall apply to services furnished on or after January 1, 2025.

Increasing Mental Health Options Act of 2023

Fair and Transparent Gas Prices Act of 2023 This bill requires the Federal Trade Commission to investigate anticompetitive, collusive, or other conduct related to oil and gas companies and markets.

118 S67 IS: Fair and Transparent Gas Prices Act of 2023 U.S. Senate 2023-01-25 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. 67 IN THE SENATE OF THE UNITED STATES January 25, 2023 Ms. Cortez Masto Mr. Luján Committee on Commerce, Science, and Transportation A BILL To require the Federal Trade Commission to conduct a study on conduct related to oil and gas prices, and for other purposes. 1. Short title This Act may be cited as the Fair and Transparent Gas Prices Act of 2023 2. FTC study on conduct related to oil and gas prices (a) Study The Federal Trade Commission (in this section referred to as the Commission 15 U.S.C. 46(b) (1) whether such oil and gas companies use their financial resources in a manner that would not expand or increase fuel supply, including by reducing investments in the production of fuel, engaging in stock buy backs, or any other conduct the Commission deems appropriate; and (2) whether such anti-competitive, collusive, or other conduct may— (A) result in inflated costs for consumers or be considered price gouging; (B) delay producing or delivering more fuel supply; (C) impact investment decisions that would contribute to additional fuel supply; or (D) restrict the availability, accessibility, or affordability of alternative fuels or vehicle technology. (b) Report (1) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter for the following 2 years, the Commission shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Commission determines appropriate or necessary to provide fair, competitive, and transparent costs and markets impacting consumers with respect to oil and gas. (2) Appropriate committees of Congress In this subsection, the term appropriate committees of Congress (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Energy and Commerce of the House of Representatives; and (D) the Subcommittees on Financial Services and General Government of the Committees on Appropriations of the House of Representatives and the Senate. (c) Inapplicability of paperwork reduction act Chapter 35 Paperwork Reduction Act (d) Additional FTC resources (1) Additional personnel Notwithstanding any other provision of law, the Commission shall, without regard to the civil service laws (including regulations), appoint not more than 50 additional personnel, as necessary, for the purposes of carrying out the study and report required under this section. (2) Authorization of appropriations There are authorized to be appropriated to the Commission to carry out this section $15,000,000 for each of fiscal years 2024 and 2025.

Fair and Transparent Gas Prices Act of 2023

American Dream Employment Act of 2023 This bill permits the compensation of congressional employees who hold a current employment authorization document that was issued pursuant to a grant of (1) deferred action, including under the Deferred Action for Childhood Arrivals Program; (2) deferred enforced departure; or (3) temporary protected status. (Generally, these programs and statuses allow eligible aliens to remain and work in the United States.)

116 S672 IS: American Dream Employment Act of 2023 U.S. Senate 2023-03-07 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 1st Session S. 672 IN THE SENATE OF THE UNITED STATES March 7, 2023 Ms. Cortez Masto Mr. Durbin Mr. Padilla Mr. Blumenthal Mr. Booker Ms. Warren Mr. Markey Mr. Sanders Mr. Murphy Mrs. Gillibrand Mrs. Feinstein Mr. Luján Mr. Hickenlooper Mr. Welch Mr. Whitehouse Mr. Warner Mrs. Murray Ms. Smith Mr. Menendez Mr. Bennet Mr. Wyden Mr. Merkley Mr. Kelly Mr. Brown Mr. Warnock Committee on Appropriations A BILL To enable the payment of certain officers and employees of the United States whose employment is authorized pursuant to a grant of deferred action, deferred enforced departure, or temporary protected status. 1. Short title This Act may be cited as the American Dream Employment Act of 2023 2. Certain Federal employees who are beneficiaries of deferred action, deferred enforced departure, or temporary protected status authorized to be paid Section 704 of title VII of division E of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 (1) by striking eligible; or eligible; (2) by striking allegiance to the United States: allegiance to the United States; or (5) is a person who is employed by the House of Representatives or the Senate, and holds a current employment authorization document that was issued pursuant to a grant of deferred action, including under the Deferred Action for Childhood Arrivals Program of the Secretary of Homeland Security, established pursuant to the memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children 8 U.S.C. 1254a

American Dream Employment Act of 2023

GAO Database Modernization Act of 2023 This bill requires federal agencies to report to the Government Accountability Office certain information about agency rules that are made ineffective due to an agency action or other reason.

118 S679 ES: GAO Database Modernization 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. 679 IN THE SENATE OF THE UNITED STATES AN ACT To amend chapter 8 1. Short title This Act may be cited as the GAO Database Modernization Act of 2023 2. Rules no longer in effect (a) In general Section 801(a)(1) of title 5, United States Code, is amended by adding at the end the following: (D) For any rule submitted under subparagraph (A), if the Federal agency promulgating the rule, in whole or in part, revokes, suspends, replaces, amends, or otherwise makes the rule ineffective, or the rule is made ineffective for any other reason, the Federal agency shall submit to the Comptroller General a report containing— (i) the title of the rule; (ii) the Federal Register citation for the rule, if any; (iii) the date on which rule was submitted to the Comptroller General; and (iv) a description of the provisions of the rule that are being revoked, suspended, replaced, amended, or otherwise made ineffective. . (b) Sunset Effective on the date that is 6 years after the date of enactment of this Act, section 801(a)(1) of title 5, United States Code, is amended by striking subparagraph (D), as added by subsection (a). Passed the Senate December 18, 2023. Secretary

GAO Database Modernization Act of 2023

Facial Recognition and Biometric Technology Moratorium Act of 2023 This bill imposes limits on the use of biometric surveillance systems (such as facial recognition systems) by federal, state, and local government entities. A federal agency or official may not in an official capacity acquire, possess, or use in the United States any biometric surveillance system or information obtained by such a system unless Congress passes an act that specifically authorizes such a use. Such an act of Congress must contain certain provisions, such as provisions naming the specific authorized entity and auditing requirements relating to the system. Information obtained in violation of this bill shall not be admissible by the federal government in any proceeding or investigation, except in a proceeding alleging a violation of this bill. An individual aggrieved by a violation of these restrictions shall have the right to sue. Any state officer authorized to sue on behalf of the state's residents shall also have the right to sue on behalf of the state's aggrieved residents. A state or local government unit shall not receive certain federal law enforcement grants unless the government unit complies with a law or policy that is substantially similar to this bill's restrictions on acquiring and using biometric surveillance systems.

118 S681 IS: Facial Recognition and Biometric Technology Moratorium Act of 2023 U.S. Senate 2023-03-07 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 1st Session S. 681 IN THE SENATE OF THE UNITED STATES March 7, 2023 Mr. Markey Mr. Merkley Ms. Warren Mr. Sanders Mr. Wyden Committee on the Judiciary A BILL To prohibit biometric surveillance by the Federal Government without explicit statutory authorization and to withhold certain Federal public safety grants from State and local governments that engage in biometric surveillance. 1. Short title This Act may be cited as the Facial Recognition and Biometric Technology Moratorium Act of 2023 2. Definitions In this Act: (1) Biometric surveillance system The term biometric surveillance system (2) Byrne grant program The term Byrne grant program 34 U.S.C. 10151 et seq. (3) Facial recognition The term facial recognition (A) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the physical characteristics of the individual’s face; or (B) logs characteristics of an individual’s face, head, or body to infer emotion, associations, activities, or the location of an individual. (4) Federal official The term Federal official (5) In the united states The term in the United States (6) Other remote biometric recognition The term other remote biometric recognition (A) means an automated or semi-automated process that— (i) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the characteristics of the individual’s gait or other immutable characteristic ascertained from a distance; (ii) uses voice recognition technology; or (iii) logs such characteristics to infer emotion, associations, activities, or the location of an individual; and (B) does not include identification based on fingerprints or palm prints. (7) Voice recognition technology The term voice recognition technology 3. Prohibition on Federal Government use of biometric surveillance (a) In general Except as provided in subsection (b), it shall be unlawful for any Federal agency or Federal official, in an official capacity, to acquire, possess, access, or use in the United States— (1) any biometric surveillance system; or (2) information derived from a biometric surveillance system operated by another entity. (b) Exception The prohibition set forth in subsection (a) does not apply to activities explicitly authorized by an Act of Congress that describes, with particularity— (1) the entities permitted to use the biometric surveillance system, the specific type of biometric authorized, the purposes for such use, and any prohibited uses; (2) standards for use and management of information derived from the biometric surveillance system, including data retention, sharing, access, and audit trails; (3) auditing requirements to ensure the accuracy of biometric surveillance system technologies, standards for minimum accuracy rates, and accuracy rates by gender, skin color, and age; (4) rigorous protections for due process, privacy, free speech and association, and racial, gender, and religious equity; and (5) mechanisms to ensure compliance with the provisions of the Act. (c) Judicial investigations and proceedings (1) Admissibility Except in a judicial investigation or proceeding alleging a violation of this section, information obtained in violation of this section is not admissible by the Federal Government in any criminal, civil, administrative, or other investigation or proceeding. (2) Cause of action (A) In general A violation of this section constitutes an injury to any individual aggrieved by a violation of this Act. (B) Right to sue An individual described in subparagraph (A) may institute proceedings against the Federal Government whose official is alleged to have violated this section for the relief described in subparagraph (D) in any court of competent jurisdiction. (C) Enforcement by state attorneys general The chief law enforcement officer of a State, or any other State officer authorized by law to bring actions on behalf of the residents of a State, may bring a civil action, as parens patriae, on behalf of the residents of that State in an appropriate district court of the United States to enforce this Act, whenever the chief law enforcement officer or other State officer has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this Act. (D) Relief In a civil action brought under subparagraph (B) in which the plaintiff prevails, the court may award— (i) actual damages; (ii) punitive damages; (iii) reasonable attorneys’ fees and costs; and (iv) any other relief, including injunctive relief, that the court determines to be appropriate. (d) Civil penalties Any Federal official who is found to have violated this section may be subject to retraining, suspension, termination, or any other penalty, as determined in an appropriate tribunal, subject to applicable due process requirements. (e) Federal funding (1) In general No Federal funds may be obligated or expended by a Federal law enforcement agency for the purchase or use of a biometric surveillance system. (2) Unallocated funds No Federal agency may use any unallocated funds appropriated to the agency for the purchase or use of a biometric surveillance system. (f) Rules of construction Nothing in this section may be construed— (1) to prohibit the National Institute of Standards and Technology (NIST) from testing or researching biometric surveillance systems or other remote biometric recognition technologies in commercial use; or (2) to preempt or supersede any Federal, State, or local law that imposes a more stringent limitation than the limitations described in this section. 4. Moratorium on State and local government use of biometric surveillance systems (a) Federal financial assistance Beginning on the first day of the first fiscal year beginning after the date of the enactment of this Act, a State or unit of local government is ineligible to receive Federal financial assistance under the Byrne grant program unless the State or unit of local government is complying with a law or policy that is substantially similar to the prohibition set forth in section 3(a). (b) Rule of construction Nothing in this section may be construed to preempt or supersede any Federal, State, or local law that imposes a more stringent limitation than the prohibition set forth in section 3(a).

Facial Recognition and Biometric Technology Moratorium Act of 2023